People highly dependent on care may include those who are in intensive care (ICU)/neonatal ICU, emergency, palliative care, or are unconscious. Consent should be sought from people highly dependent on care wherever they are capable of giving consent and it is practicable to approach them. When the impaired capacity is NOT transient OR it is NOT practicable to seek delayed consent, then consent should be sought from the participant's guardian or person or organisation authorised by law.
When neither the potential participant not another on his/her behalf can consider the proposal and give consent, a HREC may, having taken account of relevant jurisdictional laws, approve a research project without prior consent if the following conditions are met: