PROTECTING THE INTERESTS OF PARTICIPANTS IN RESEARCH INTO ILLICIT DRUG-USE - 2 CASE-STUDIES

This paper addresses the conflict between the ethical and legal respon sibilities of researchers engaged in illicit drug use research. Fundam entally, the primary ethical responsibility is to protect research sub jects from any harm which may come to them as a consequence of having taken part in the research. Legal responsibilities, however, might lie in assisting police with their enquiries into the conduct of an indiv idual who is a research subject, and allowing research data to be sear ched and possibly used in evidence against the individual. There is no Western Australian legislation which protects research, nor Australia n legislation which can be applied to most studies. Using two case stu dies, we give examples of the conflict and suggest that legislation ma y be the most effective way to overcome it. However, we also raise a n umber of issues which would need to be considered before solutions are enacted.