Application for approval for adults unable to consent to their own treatment to participate in a clinical trial (TRANSFUSE Trial) [2015] NSWCATGD 18

The TRANSFUSE Trial does not involve a 'trial of drugs' nor a 'trial of techniques' within the meaning of section 33(1) of the Guardianship Act 1987 (NSW); as such, it does not meet the statutory definition of a 'clinical trial' and the application must be dismissed.

Jurisdiction: Australia
Judgment Date: 03 June 2015
Procedural Posture: Application for Approval of Clinical Trial Under Guardianship Act 1987 (nsw) / Final Decision on Application
Outcome: Application dismissed
Legal Topics: ['clinical Trials' 'consent to Medical Treatment' "interpretation of 'clinical Trial' Under Guardianship Act"]

['guardianship Law' 'health Law'] ['clinical Trials' 'consent to Medical Treatment' "interpretation of 'clinical Trial' Under Guardianship Act"]

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Procedural Posture

Application for Approval of Clinical Trial Under Guardianship Act 1987 (nsw) / Final Decision on Application

Legal Issues

1 ["Does the TRANSFUSE Trial fall within the definition of 'clinical trial' in section 33(1) of the Guardianship Act 1987 (NSW)?"]

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['The TRANSFUSE Trial does not fall within the definition of clinical trial in section 33(1) of the Guardianship Act 1987 (NSW).' 'Application dismissed.']