- Guardianship and Administration Amendment (Medical Research) Bill 2023 introduced into State Parliament
- Review of the legislation recommended broadening the range of registered health practitioners who can enrol incapacitated people in vital medical research
- Bill provides for continued access to new and emerging therapies for all Western Australians
A statutory review of new laws ensuring all Western Australians have access to emerging research therapies has recommended expanding the scope to include a wider range of registered health professionals who are able to enrol incapacitated adults in research.
The Guardianship and Administration Act 1990 currently enables only medical practitioners to enrol a represented or incapacitated person in potentially life-saving research or trials.
Expanding the legislation to include other registered health practitioners who are regulated by the Australian Health Practitioner Regulation Authority and are engaged in research such as paramedics, nurses and physiotherapists will provide vulnerable people access to a better range of new research therapies.
The Department of Justice review, which consulted a wide range of stakeholders, including researchers, disability and mental health advocates and the health sector, also recommended removing a sunset clause which would have ended access to new medical research for represented persons in urgent circumstances from April 2024.
Vulnerable persons are protected by safeguards in the Bill and under the Health Practitioner Regulation National Law. These include that a lead researcher must comply with registration conditions, including scope of practice, accreditation, and professional development. The lead researcher must obtain ethics approval for their research project and an independent medical practitioner - who is not involved in providing treatment or involved or connected to the research - must be independently satisfied that the research will be in the best interests of the person, or not adverse to their interests.
Comments attributed to Attorney General John Quigley:
"This Bill will ensure represented people can continue to benefit from participation in medical research trials giving them the best chance of recovery.
"This life-giving research will now be led by a wider range of registered health professionals who are also experts in their respective fields.
"These new laws help Western Australia keep pace with the various research therapy responses that could help protect our most vulnerable people."
Comments attributed to Medical Research Minister Stephen Dawson:
"The McGowan Government responded quickly during the COVID-19 pandemic to ensure critically ill or incapacitated people weren't denied access to breakthrough drug treatments.
"Amendments will ensure our most vulnerable people will continue to have access to potentially life-saving treatments while safeguarding their rights."
Minister's office - 6552 6800
