Journal of Law and Medicine (JLM)
Informed discourse at the interface between law and health
About the Journal
The Journal of Law and Medicine (ISSN: 1320-159X) publishes contributions about issues that have a legal, medical or bioethical content arising at the interface between law and health, including the delivery of the full range of health services.
Its focus is broad, international and cross-disciplinary. It seeks to encourage informed discourse about contemporary issues from empirical, practical, policy and theoretical perspectives.
All contributions to the journal are peer reviewed.
Ian Freckelton QC, BA (Hons), LLB (Syd), PhD (Griff), Dip Th M (ANH), FAAL, FASSA, FACLM (Hon), Barrister-at-Law, Vic, NSW, Qld, SA, Tas, ACT, NT; Crockett Chambers, Melbourne; Professorial Fellow in Law and Psychiatry, University of Melbourne, Australia; Adjunct Professor of Law and Forensic Medicine, Monash University, Australia
Professor Roy G Beran, MBBS, MD, FRACP, BLegS, MHL, FACLM, FAFPHM, FRCP (Edin), FFFLM (RCP) (Hon)
Professor Tom D Campbell, MA, PhD, FRSE, FASSA, Professor of Law, The Australian National University, Canberra
Professor Donald Chalmers, Head of Law School, University of Tasmania
Professor Stephen M Cordner, MA, MB, BS, BMedSc, DipCrim, DMJ, FRCPath, FRCPA, Professor of Forensic Medicine, Monash University; Director, Victorian Institute of Forensic Medicine
Professor J M Davies, MSc, MD, FRCPC, Professor of Anaesthesia, Department of Anaesthesia, Foothills Medical Centre, University of Calgary, Canada
Professor Grant R Gillett, DPhil (Oxon), FRACS (Neurosurgery), Professor of Medical Ethics, Otago University Medical School, Dunedin, New Zealand
Professor Lawrence Gostin, Professor and Director, Center for Law and the Public’s Health, Georgetown and Johns Hopkins Universities, United States of America
Professor Ian Kennedy, LLD, Professor of Health Law, Ethics and Policy, School of Public Policy, University College, London
The Hon Michael Kirby, AC, CMG, BA, LLM (Hons), BEc (Syd), Hon D Litt (Newcastle, Ulster, James Cook), Hon LLD (Macq, Syd, NLSU India, Buckingham, ANU, UNSW, Murdoch, Indiana, Melbourne, UTS, Bond, Colombo, Victoria, Deakin, Monash, Queen’s, Ontario), Hon D Univ (Uni SA, SCU, Griffith, La Trobe, CQU), FIAMA, FAAL, Hon FASSA, Hon FAAH, Hon Bencher of the Inner Temple, Justice of the High Court of Australia 1996-2009
Professor Sheila McLean, LLB, M Litt, PhD, FRSE, FRCP (Edin), FRSA, International Bar Association Professor of Law and Ethics in Medicine, Glasgow University, Scotland
Associate Professor George Mendelson, MB, BS (Melb), MD (Mon), FRANZCP, FFPMANZCA, Adjunct Clinical Associate Professor, Department of Psychological Medicine, Monash University, Melbourne
Professor Ron Paterson, LLB (Hons) (Auckland), BCL (Oxford), Professor of Health Law and Policy, University of Auckland, New Zealand
Professor Loane Skene, LLD (Melb), LLM (Mon), LLB (Hons) (Melb), Professor, Melbourne Law School; Adjunct Professor, Faculty of Medicine, Dentistry and Health Sciences, the University of Melbourne
Professor Margaret A Somerville, AM, FRSC, AuA (Pharm), LLB (Hons I), DCL, LLD (Honoris causa), Gale Professor of Law, Professor, Faculty of Medicine, Centre for Medicine, Ethics and Law, McGill University, Canada
Professor David B Wexler, JD (NYU), Lyons Professor of Law, University of Arizona, United States of America
Professor Belinda Bennett BEc LLB (Hons) (Macq), LLM, SJD (Wisconsin), Professor of Health Law, School of Law, Queensland University of Technology
Legal issues – Bernadette McSherry BA (Hons), LLB (Hons), LLM (Melb), D Jur (York), Grad Dip Psych (Mon), Foundation Director, Melbourne Social Equity Institute, the University of Melbourne; Danuta Mendelson MA, PhD, LLM, Professor, Chair in Law (Research), School of Law, Deakin University; Joanna Manning BA (Auck), LLB (Hons) (Auck), MCompL (Geo Wash), Associate Professor, Faculty of Law, University of Auckland
Medical issues – David Ranson B Med Sci, BM BS, LLB, FCR Path, FRCPA, FACLM, DMJ (Path), Deputy Director, Victorian Institute of Forensic Medicine, Honorary Clinical Associate Professor, Department of Forensic Medicine, Monash University; Danny Sullivan MBBS, MBioeth, MHlthMedLaw, AFRACMA, MRCPsych, FRANZCP, Assistant Clinical Director, Victorian Institute of Forensic Mental Health, Honorary Senior Fellow, University of Melbourne; Mike O’Connor AM, MD BS DDU DCH FRCOG FRANZCOG MHL FACLM, Conjoint Senior Lecturer, Women’s and Children’s Health, University of New South Wales and Chair, Patient Care Review Committee, St George Private Hospital, Sydney
Bioethical issues – Malcolm Parker MBBS (Qld), M Litt (UNE), M Hth & Med Law (Melb), MD (Qld), Professor of Medical Ethics, University of Queensland; Grant R Gillett DPhil (Oxon), FRACS (Neurosurgery), Professor of Medical Ethics, Otago University Medical School, Dunedin, New Zealand
Nursing issues – Kim Forrester RN, BA, LLB, LLM (Advanced), PhD, Barrister, Supreme Court of Queensland, Associate Professor, Faculty of Health Sciences and Medicine, Bond University
Complementary health issues – Ian Freckelton QC, BA (Hons), LLB (Syd), PhD (Griff), Dip Th M (ANH), FAAL, FASSA, FACLM (Hon), Barrister-at-Law, Vic, NSW, Qld, SA, Tas, ACT, NT; Crockett Chambers, Melbourne; Professorial Fellow in Law and Psychiatry, University of Melbourne, Australia; Adjunct Professor of Law and Forensic Medicine, Monash University, Australia
Medical law reporter – Thomas Alured Faunce BA LLB (Hons), B Med, PhD, Professor, College of Law and College of Medicine, Biology and the Environment (joint appointment), The Australian National University
Australasian College of Legal Medicine
The Journal of Law and Medicine is the preferred journal of the Australasian College of Legal Medicine. For more information regarding the College, visit http://www.legalmedicine.com.au/.
The following websites contain details of material published in the Journal:
http://www.informit.com.au/agis.html (AGIS Plus Text)
http://www.gale.cengage.com (Legal Trac)
http://www.thomsonreuters.com.au/catalogue/ProductDetails.asp?id=7424 (Australian Legal Journals Index)
AGIS Plus Text is an online legal database based on the Australian Attorney-General’s Information Service. It is produced by RMIT Publishing and is available via subscription.
Medline is a free service of the National Library of Medicine in the United States.
Legal Trac is an online indexing service published by Gale Cengage Learning. It is available via subscription.
The Australian Legal Journals Index is an online legal database prepared by the Lionel Murphy Library of the Commonwealth Attorney-General’s Department. It is produced by Thomson Reuters and is available via subscription.
Subscribe or Purchase
To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.
For the individual contents pages for each Part, click here.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “The medico-scientific marginalisation of homeopathy: International legal and regulatory developments” – Ian Freckelton QC; Legal Issues: “Disciplinary proceedings against doctors who abuse controlled substances” – Danuta Mendelson; Medical Issues: “Methamphetamine: Where will the stampede take us?” – Danny Sullivan and Michael McDonough; Bioethical Issues: “‘Never regard yourself as already so thoroughly informed’: The withdrawal of its invitation to Rodney Syme to address its 2015 congress by the Royal Australasian College of Physicians” – Malcolm Parker, Ian Kerridge and Paul Komesaroff; Medical Law Reporter: “Australian Competition and Consumer Commission v ACN 117 372 915: Should consumer law regulate doctor-patient relations in a corporatised health care system?” – Jessica Wallace, Ella Pyman and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical teams and the standard of care in negligence” – Carolyn Sappideen; “Prevention of non-communicable diseases in Australia: What role should public health law play?” – Kate Mulvany; “Personal responsibility or shared responsibility: What is the appropriate role of the law in obesity prevention?” – Benjamin Brooks; “Assessing testamentary and decision-making capacity: Approaches and models” – Kelly Purser and Tuly Rosenfeld; “Slice them up or slice them out? Legal liability for operating on the troublesome patient in cosmetic surgery” – Aileen Kennedy; “State intervention in pregnancy: Should the law respond thus to the problem of Foetal Alcohol Spectrum Disorder?” – Emily Gordon; “Criminal injuries compensation: Protecting vulnerable applicants” – Robert Guthrie; “Unwanted pregnancy: The outer boundary of “treatment injury” in the New Zealand accident compensation scheme” – Rosemary Tobin; “Patient’s right to information under the New Zealand Code of Rights” – Kyla Mullen; and “A way through the dark and thorny thickets? The adjudication of “serious injury” under the narrative tests in the Transport Accident Act 1986 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)” – Jason Taliadoros. There is also a review of the book “A Scientist in Wonderland: A Memoir of Searching for Truth and Finding Trouble” by Edzard Ernst.
A special issue on commercial surrogacy will feature in a forthcoming issue of the Journal of Law and Medicine. Chief Judge John Pascoe of the Federal Circuit Court of Australia says: The fundamental issue for any community in relation to surrogacy is the sanctity of human life and how the community deals with the human ...more
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medicinal cannabis law reform: Lessons from Canadian litigation” – Ian Freckelton QC; Legal Issues: “Support for the exercise of legal capacity: The role of the law” – Bernadette McSherry and Andrew Butler; Medical Issues: “The loss of Malaysia airlines flight MH17: A forensic and humanitarian task” – David Ranson; Bioethical Issues: “Think of the children: Sex selection and child welfare” – Rachael Wong and Grant Gillett; Nursing Issues: “Recognising and responding to the deteriorating patient” – Kim Forrester; and Medical Law Reporter: “Australian Competition and Consumer Commission v Pfizer: Evergreening and market power as a blockbuster drug goes off patent” – Thomas Faunce. Also in this Part are the following articles: “The Australian quarantine and biosecurity legislation: Constitutionality and critique” – Anthony Gray; “States of confusion: Jurisdictional variation in Australian medicines nomenclature” – Denise Hope and Michelle King; “The case for MDMA (ecstasy) regulation” – Joshua Donelly; “Patenting genetic diagnostic methods: NGS, GWAS, SNPs and patents” – Charles Lawson; “Genetic testing of stored tissue from a deceased person to define a relative’s disease risk: Legal and ethical viewpoints” – Loane Skene, Julian Savulescu and Martin B Delatycki; “Double standards: Standards of proof for persons found unfit for trial” – Betheli O’Carroll; “Fitness to stand trial, human rights and possibilities from England and Wales” – Jeanette Stewart, Mary Woodward and Ilana Hepner; “Tasmania’s Reproductive Health (Access to Terminations) Act 2013: An analysis of conscientious objection to abortion and the “obligation to refer”” – Ronli Sifris; “Regulating preimplantation genetic diagnosis in Australia: Disability and parental choice” – Michelle de Souza; and “End-of-life decisions in Malaysia: Adequacies of ethical codes and developing legal standards” – Puteri Nemie Jahn Kassim and Fadhlina Alias. There is also a review of the book “Elder Law in New Zealand” by Kate Diesfeld and Ian McIntosh.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “The privilege against self-incrimination in coroners’ inquests” – Ian Freckelton QC; Legal Issues: “Updating Australia’s pandemic preparedness: The revised Australian Health Management Plan for Pandemic Influenza (AHMPPI)” – Belinda Bennett; Medical Issues: “Cruise control: Prevention and management of sexual violence at sea” – Mike O’Connor; Bioethical Issues: “Clayton’s compromises and the assisted dying debate” – Malcolm Parker; Medical Law Reporter: “Professional misconduct: The case of the Medical Board of Australia v Tausif (Occupational Discipline)” – Caroline Colton; Letters to the Editor; and Book Review: “Human Dignity in Bioethics and Law” by Charles Foster. Also in this Part are the following articles: “Health care justice for temporary migrant workers on 457 visas in Australia: A case study of internationally qualified nurses” – Paula O’Brien and Melissa Phillips; “A delayed inheritance: The Medical Board of Victoria’s 75-year wait to find doctors guilty of “infamous conduct in a professional respect”” – Gabrielle Wolf; “Correcting the record: Australian prosecutions for manslaughter in the medical context” – David J Carter; “Adapting to concurrent expert evidence in medical litigation” – Tina Cockburn and Bill Madden; ““Loss of situation awareness” by medical staff: Reflecting on the moral and legal status of a psychological concept” – Hugh Breakey, Roel D van Winsen and Sidney W A Dekker; “Coroners’ guidelines for health practitioners: Help or hindrance?” – Sarah Middleton; “Unfair employment discrimination of previously depressed individuals” – Kenneth Wei-Qiang Choo and Wei-Liang Lee; “The decision-making of the Mental Health Review Tribunal in New Zealand” – Katey Thom, Stella Black and Graham Panther; “Re-visiting Re X: Hysterectomy, removal of reproductive capacity and the severely intellectually disabled child in New Zealand” – Jeanne Snelling; “An alternative to Zoe’s Law” – James Dalmau.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Criminalising research fraud” – Ian Freckelton QC; Legal Issues: “Disciplinary proceedings for inappropriate prescription of opioid medications by medical practitioners in Australia (2010-2014)” – Danuta Mendelson; Medical Issues: “Legal liability for psychiatrists’ decisions about involuntary inpatient status for mental health patients” – Ian Freckelton QC; Bioethical Issues: “Is a cleft lip and palate a serious “handicap”? Jepson v Chief Constable of West Mercia – A legal and ethical critique” – Michael Morrison and Grant Gillett; Nursing Issues: “Nursing documentation: A valuable clinical activity” – Kim Forrester; Medical Law Reporter: “Crimes Amendment (Zoe’s Law) Bill 2013 (No 2): Paradoxical commercial impacts of the conservative agenda on fetal rights” – Roseanna Bricknell and Thomas Faunce; Letter to the Editor and Book Review: Maralinga by Frank Walker. Also in this Part are the following articles: “The bereavement gap: Grief, human dignity and legal personhood in the debate over Zoe’s Law” – Hannah Robert; “The standard of medical care under the Australian Civil Liability Acts: Ten years on” – Joseph Lee; “Holding unregistered health practitioners to account: An analysis of current regulatory and legislative approaches” – Jon Wardle; “Voluntary palliated starvation: A lawful and ethical way to die?” – Ben White, Lindy Willmott and Julian Savulescu; “Confusing criminal and civil law: When may a hospital refuse to release a dead body?” – Steven B Gallagher; “A right to choose how to live: The Australian common law position on refusals of care” – Katherine Curnow; “New Zealand’s Mental Health District Inspector in historical context: ‘The impartial scrutiny of a citizen of standing’” – Kate Prebble, Claire Gooder and Katey Thom; “Wrongful life claims and negligent selection of gametes or embryos in infertility treatments: A quest for coherence” – Noam Gur; “Young people and medical procedures: Whether or not young people can be competent to make medical decisions in their own interests” – Michael Easton; and “We didn’t start this fireless vapour: E-cigarette legislation in Australia” – Dr Marilyn Krawitz
The latest Part of the Journal of Law and Medicine includes the following articles: “The emergence and popularisation of autologous somatic cellular therapies in Australia: Therapeutic innovation or regulatory failure?” – Alison K McLean, Cameron Stewart and Ian Kerridge; “Re Jamie (No 2): A positive development for transgender young people” – Michael Williams, John Chesterman and Phil Grano; “Australian children living with gender dysphoria: Does the Family Court have a role to play?” – Fiona Kelly; “Storage limits of gametes and embryos: Regulation in search of policy justification” – Anita Stuhmcke and Eloise Chandler; “Barriers for domestic surrogacy and challenges of transnational surrogacy in the context of Australians undertaking surrogacy in India” – Louise Johnson, Eric Blyth and Karin Hammarberg; “Selective reduction of fetuses in multiple pregnancies and the law in Australia” – Colleen Davis and Heather Douglas; “Interstate dispensing: A case for uniform, intuitive legislation” – Nijole L Bernaitis, Michelle A King and Denise L Hope; “Planning law and public health at an impasse in Australia: The need for targeted law reforms to improve local food environments to reduce overweight and obesity” – Caroline Mills; “Compensating for the harms of family violence: Statutory barriers in Australian victims of crime compensation schemes” – Christine Forster; “Mandatory reporting of health professionals: The case for a Western Australian style exemption for all Australian practitioners” – Hon Nick Goiran MLC, Margaret Kay, Louise Nash and Georgie Haysom; and ““CAM-creep”: Medical practitioners, professional discipline and integrative medicine” – Walid Jammal, Cameron Stewart and Malcolm Parker.
The latest Part of EPLJ includes the following articles: “Compliance with Indigenous cultural heritage legislation in Queensland: Perceptions, realities and prospects” – Michael J Rowland, Sean Ulm and Jill Reid; “Restorative justice intervention in an Aboriginal cultural heritage protection context: Conspicuous absences?” – Mark Hamilton; “Carbon pricing and renewable energy innovation: A comparison of Australian, British and Canadian carbon pricing policies” – Karen Bubna-Litic and Natalie Stoianoff; “Implementing legislative and governance frameworks for integrated catchment management: The gap between theory and practice” – Kate Matthews; and “The future of Land and Environment Court oversight of major project offsets” – Vanessa Walsh.
Australia’s first scholarly article on digitally altered images, body image, and the law appears in the June Part of the Journal of Law and Medicine. Israeli legislation popularly known as “Photoshop Law” came into effect on 1 January 2013. Photoshop Law is the first ever law of its kind; it requires that all models used ...more
The latest Part of JLM includes the following articles: “Unfitness to stand trial decision-making in the Extraordinary Chambers in the Courts of Cambodia” – Ian Freckelton QC and Magda Karagiannakis; “Legal risk management and injury in the fitness industry: The outcomes of focus group research and a national survey of fitness professionals” – Patrick Keyzer, Ian R Coyle, Joachim Dietrich, Kevin Norton, Betul Sekendiz, Veronica Jones and Caroline F Finch; “Just a little bit more: When sports scientists cross the line” – Tyler Fox; “Beauty is only photoshop deep: Legislating models’ BMIs and photoshopping images” – Marilyn Krawitz; “Medical use of cannabis in Australia: “Medical necessity” defences under current Australian law and avenues for reform” – Charles Martin; “Patents and the obligation to protect health: Examining the significance of human rights considerations in the protection of pharmaceutical patents: – Olasupo Ayodeji Owoeye; ““Best interests” and withholding and withdrawing life-sustaining treatment from an adult who lacks capacity in the parens patriae jurisdiction” – Lindy Willmott, Ben White and Malcolm K Smith; “Transparency in mental health: Why mental health tribunals should be required to publish reasons” – Alison Smith and Andrew Caple; “Government databases and public health research: Facilitating access in the public interest” – Carolyn Adams and Judy Allen; “The spectre of court-sanctioned sacrificial separation of teenage conjoined twins against their will” – Colleen Davis; and “Judicial virtues and decision-making in the VCAT Guardianship List” – Richard Polkinghorn. Also included in this Part are several section notes, including Legal Issues; Medical Issues; Bioethical Issues; Nursing Issues; and Medical Law Reporter. There is also an editorial, a letter to the Editor and a book review.
The March Part of the Journal of Law and Medicine contains a range of articles and sections covering such broad topics as coronial law and practice, voluntary euthanasia, restriction of liberties of people with impaired capacity, Australian mental health legislation, medical practitioner regulation, manufacturers’ liability for pharmaceutical drugs, ethical, legal and social issues surrounding surrogacy law, sexual misconduct by health practitioners, sexual violence in armed conflict, Aboriginal and Torres Strait Islander health practitioner regulation, health system privatisation directives, and much more!