NEWS: Dr. Melanie Tan, Matthew Goessler and Johanna Heaven have been published in the Australian Health Law Bulletin

Dr. Melanie Tan, Matthew Goessler & Johanna Heaven

NEWS: Dr. Melanie Tan, Matthew Goessler and Johanna Heaven have been published in the Australian Health Law Bulletin, titled: NSW Tribunal approved trial to test drug on COVID-19 patients incapable of giving their own consent.


The NSW Guardianship Act 1987 (the Act) enables the NSW Civil and Administrative Tribunal (the Tribunal) to approve clinical trials that require recruitment of people without capacity to consent. Approval will only be granted if the clinical trial satisfies the requirements under s 45AA of the Act. Such approval does not import consent, which must be obtained under Pt 5 of the Act.

On 24 April 2020, the Tribunal approved a Phase II trial for the drug STC3141 (the Trial), to be administered to COVID-19 patients under mechanical ventilation. As such, the nature of the Trial required recruitment of patients who are unable to consent. The Tribunal adjourned the question of whether consent could be given by the “person responsible” pending the amendment of Personal Responsible Information and Consent Forms to be used in the Trial. This meant that, subject to a further hearing, consent for treatment of patients in this Trial could only be given by the Tribunal.

Dr. Melanie Tan, Matthew Goessler and Johanna Heaven explain that although the Tribunal’s decision is a positive step towards one potential treatment for COVID-19, there are number of hurdles in the way.

Please read the full article on page 122 of the Australian Health Law Bulletin, 2020 Volume 28 no 7.

 

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Melanie Tan

 Dr Melanie Tan

 Senior Associate

 P: +61 3 9609 1577
 E: mtan@rk.com.au

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JVH

 Johanna Heaven

 Lawyer

 P: +61 3 8340 2317
 E: jheaven@rk.com.au

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