Since the introduction of Division 6 of Part 4A of the Guardianship and Administration Act 1986, [this Division regulates the authorisation of the enrolment of people who have a disability and who are unable to provide consent into medical research procedures], there has been some uncertainty about how these provisions work alongside the provisions of the Health Records Act 2001 that also deal with medical research.

This document explains the interaction between these laws. These laws seek to ensure that there is no abuse or exploitation of vulnerable people with a disability, while protecting their right to be involved in medical research.