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

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Application for approval for adults unable to consent to their own treatment to participate in a clinical trial (TRANSFUSE Trial) [2015] NSWCATGD 18 Hearing dates: 1 May 2015 and 22 May 2015 Date of orders: 03 June 2015 Decision date: 03 June 2015 Jurisdiction: Guardianship Division Before: C Fougere, Principal Member H Creasey, Senior Member (Professional) J Koussa, General Member (Community) Decision: The TRANSFUSE Trial does not fall within the definition of clinical trial in section 33(1) of the Guardianship Act 1987 (NSW). Application dismissed. Catchwords: CLINICAL TRIAL – randomised double blinded phase III trial – whether administration of freshest available red blood cells reduces 90-day mortality in critically ill patients – not a trial of 'drugs' or 'techniques' Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Cases Cited: Application for approval for adults unable to consent to their own treatment to participate in a clinical trial (SPICE III Trial) [2014] NSWCATGD 44 Application for approval for adults unable to consent to their own treatment to participate in a clinical trial (AMOUNT Rehabilitation Trial) [2015] NSWCATGD 1 Texts Cited: Macquarie Dictionary (online edition) Category: Principal judgment Parties: Professor David James Cooper (Applicant) Representation: Ms Susan Harris Dr Ashley Tsacalos File Number(s): 5/2015 Publication restriction: Nil