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.

General Editor
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

Editorial Board
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 Ben White, LLB (Hons (QUT), DPhil (Oxf), Professor and Director, Australian Centre for Health Law Research, Faculty of Law, Queensland University of Technology

Deputy Editor
Professor Belinda Bennett BEc LLB (Hons) (Macq), LLM, SJD (Wisconsin), Professor of Health Law, School of Law, Queensland University of Technology

Section Editors
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), 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(Sydney) MHL MForensMed(Monash) DCH DDU FRCOG FRANZCOG FACLM, Professor of Obstetrics and Gynaecology, University of Western Sydney; Conjoint Senior Lecturer, Women’s and Children’s Health, University of New South Wales

Bioethical issues – 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.

Indexing/abstracting services
The following websites contain details of material published in the Journal:
http://www.informit.com.au/agis.html (AGIS Plus Text)
http://www.ncbi.nlm.nih.gov/sites/entrez?db=pubmed (Medline)
http://www.gale.cengage.com (Legal Trac)
http://legal.thomsonreuters.com.au/australian-legal-journals-index-online/productdetail/85643 (Australian Legal Journals Index)
http://ipscience.thomsonreuters.com/product/web-of-science (Web of Science Emerging Sources Citation 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.
The ESCI (Emerging Sources Citation Index) is an online database produced by Thomson Reuters. It is part of the Web of Science Core Collection and is available via subscription.

Subscribe or Purchase
To subscribe to this Journal or purchase individual articles, please visit our “Subscribe or Purchase” page.

Contents listing
For the individual contents pages for each Part, click here.

Journal of Law and Medicine update: June 2016

By Journal Alerts on July 15, 2016

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medically assisted suicide: Recent jurisprudence and the challenges for law reform” – Ian Freckelton QC; Legal Issues: “Mental health legislation (civil) in Australia and China: A comparative perspective” – Danuta Mendelson and Nuannuan Lin; Medical Issues: “Family violence and clinical forensic medicine – The forgotten service?” – David Ranson, Angela Williams, Barbara Thorne and Jennifer Ryan; Bioethical Issues: “Justice, restoration and redress: Error, no-fault and tort-based systems” – Georgina Richardson and Grant Gillett; Nursing Issues: “Nurse-to-patient and midwife-to-patient ratios” – Kim Forrester; and Medical Law Reporter: “NuCoal Resources Ltd v New South Wales: The mining industry and potential health impacts of investor-state dispute settlement in Australia” – Thomas Faunce and Shaneel Parikh. Also in this Part are the following articles: “Refusal of potentially life-saving treatment for minors: The emerging international consensus by courts” – Ian Freckelton QC and Simon McGregor; “How should Australia respond to media-publicised developments on euthanasia in Belgium?” – Neera Bhatia, Ben White and Luc Deliens; “Aid in dying in New Zealand: Recent legal developments” – Andrew Geddis and Colin Gavaghan; “End-of-life decision-making in a health services setting: An access to justice lens” – Katherine Curnow; “Lawyers and advance care and end-of-life planning: Enhancing collaboration between legal and health professions” – Nola M Ries; “Does Australia need compulsory immunisation?’ – Wendy Jane Nixson; “Discharge against medical advice” – Audrey Laur; “The role of photographic and video documentation in the investigation and prosecution of child sexual assault” – Annie Cossins, Amanda Jayakody, Christine Norrie and Patrick Parkinson; “Consent to innovative treatment: No need for a new legal test” – Bernadette Richards and Katrina Hutchison; and “Rethinking the “harmonisation” of international trade and public health” – Ania Lang. There is also a review of the book “Do No Harm: Stories of Life, Death and Brain Surgery” by Henry Marsh – reviewed by Ian Freckelton QC.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged advance care planning (ACP), aid in dying, Amanda Jayakody, Andrew Geddis, Ania Lang, Annie Cossins, assisted suicide, Audrey Laur, Australia-United States Free Trade Agreement, Barbara Thorne, Belgium, Ben White, Bernadette Richards, Bioethical issues, book review, child sexual assault, China, Christine Norrie, Climate Council and Climate and Health Alliance, Colin Gavaghan, colposcopy, compulsory immunisation, consent to innovative treatment, Danuta Mendelson, David Ranson, discharge against medical advice (DAMA), Editorial, euthanasia, family violence Angela Williams, Framework Tobacco Convention on Tobacco Control, Georgina Richardson, Grant Gillett, Henry Marsh, Ian Freckelton QC, investor-state dispute settlement, Jennifer Ryan, JLM, Katherine Curnow, Katrina Hutchison, Kim Forrester, Legal and Social Issues Committee (Vic), Legal issues, Luc Deliens, medical issues, Medical law reporter, mental health care access, mental health legislation, midwife, mining industry, minors, National Immunisation Program, Neera Bhatia, New Zealand, No Jab No Play, no-fault systems, Nola M Ries, Nuannuan Lin, NuCoal Resources Ltd v New South Wales, Nursing issues, parens patriae jurisdiction, patient ratios, Patrick Parkinson, photographic and video documentation, redress, restoration, right to refuse treatment, Seales v Attorney-General, Shaneel Parikh, Simon McGregor, Thomas Faunce, tort-based systems, Trans-Pacific Partnership Agreement (TPP), Wendy Jane Nixson | Leave a response

Journal of Law and Medicine update: March 2016

By Journal Alerts on April 13, 2016

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medicinal cannabis law reform in Australia” – Ian Freckelton QC; Legal Issues: “Non-consensual clinical research in New Zealand: Law reform urgently needed” – Joanna Manning; Medical Issues: “The treatment of intersex and the problem of delay: The Australian Senate inquiry into intersex surgery and conflicting human rights for children” – Mike O’Connor; and Medical Law Reporter: “Regulation of Australian medical professionals and national security: Lessons from three case studies” – Thomas Faunce, Michael McKenna, Johanna Rayner and Jazmin Hawes. Also in this Part are the following articles: “The New Zealand Coroners Amendment Bill’s proposed approach to health care-related deaths that are reportable to the coroner” – Jennifer Moore, Tim Stokes and Ben Gray; “Decision-making in a death investigation: Emotion, families and the coroner” – Gordon Tait, Belinda Carpenter, Carol Quadrelli and Michael Barnes; “Negotiating grief and trauma in the coronial jurisdiction” – Marc Trabsky and Paula Baron; “‘Blowed off by a side wind’? Coronial inquests following criminal acquittals” – John Aberdeen; “The coronial investigation of suspected deaths: Prevalence and outcomes in New South Wales” – Stephanie Dartnall and Jane Goodman-Delahunty; “Does the removal of anonymity reduce sperm donors in Australia?” – Damian H Adams, Shahid Ullah and Sheryl de Lacey; “Recall and understanding of risk in endodontics: A questionnaire survey” – Mark Johnstone, Stephen Harlamb and Peter Parashos; “Health complaints and regulatory reform: Implications for vulnerable populations?” – Terry Carney, Fleur Beaupert, Mary Chiarella, Belinda Bennett, Merrilyn Walton, Patrick J Kelly and Claudette S Satchell; “Defining deviation: The peer professional opinion defence and its relationship to scope expansion and emerging non-medical health professions” – Jon Wardle; “A Hospital-based Patient Legal Clinic” – Liz Bishop, Hana Shahkhan and Bebe Loff; “Beyond the corporeal: Extending propertisation of body parts to derivative information” – Wendy Bonython and Bruce Baer Arnold; and “Biobanking: Relational obligations” – Valmaine Toki. There is also a review of the book “Saviour Siblings: A Relational Approach to the Welfare of the Child in Selective Reproduction” by Michelle Taylor-Sands – reviewed by Ian Freckelton QC.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged Access to Medicinal Cannabis Bill 2015 (Vic), al-Dawla al-Islamyia fil Iraq wa’al Sham, Arlie Hochschild, Australian Border Force Act 2015 (Cth), Australian medical practitioners, Australian Senate Committee inquiry, Bebe Loff, Belinda Bennett, Belinda Carpenter, Ben Gray, biobanking, book review, Bruce Baer Arnold, Carol Quadrelli, Claudette S Satchell, Coroners Act 2006 (NZ), Coroners Amendment Bill 2014 (NZ), coronial decision-making, coronial inquests, criminal acquittals, Daesh, Damian H Adams, death investigation, depression, deregistration of medical professionals, disordered sex development, duty to exercise reasonable care and skill, Editorial, endodontic consultations, families, Fleur Beaupert, genetic privacy, Gordon Tait, grief and trauma, Hana Shahkhan, health care regulatory systems, HeLP Patient Legal Clinic, Hospital-based Patient Legal Clinic, hypospadias, Ian Freckelton QC, immigration detention, immigration detention centres, incapacitated adults, indeterminate genitalia, intersex surgery, Islamic State of Iraq and Syria (ISIS), Jane Goodman-Delahunty, Jennifer Moore, JLM, Joanna Manning, John Aberdeen, Jon Wardle, lawyer wellbeing, Legal issues, legalization of medicinal cannabis, Liz Bishop, Marc Trabsky, Mark Johnstone, Mary Chiarella, medical issues, Medical law reporter, medicinal cannabis law reform, Merrilyn Walton, Michael Barnes, Michelle Taylor-Sands, Mike O'Connor, missing person, modified Bolam principle, Narcotic Drugs Amendment Act 2016 (Cth), National Health and Medical Research Council, national security, networked governance, non-consensual research studies, non-medical professions, Patrick J Kelly, Paula Baron, Peter Parashos, Plaintiff M68/2015 v Minister for Immigration and Border Protection [2016] HCA 1, professional regulatory system, propertisation of body parts, property in the human body, Public Health (Medicinal Cannabis) Bill 2016 (Qld), removal of anonymity, reportable health care-related deaths, Royal Dental Hospital of Melbourne, Saviour Siblings: A Relational Approach to the Welfare of the Child in Selective Reproduction, Shahid Ullah, Sheryl de Lacey, sperm donors, Stephanie Dartnall, Stephen Harlamb, substance abuse, suicide, suspected death investigations, suspected deaths, Tareq Kamleh, Terry Carney, Thomas Faunce, Tim Stokes, University of Melbourne Dental Clinic, Valmaine Toki, Victorian Law Reform Commission report, vulnerable groups, Wendy Bonython | Leave a response

Journal of Law and Medicine update: December 2015

By Journal Alerts on January 20, 2016

The latest Part of the Journal of Law and Medicine features a special issue on the topic of commercial surrogacy, prefaced with an “Introductory note” by Chief Judge John H Pascoe and followed by five articles which examine some areas of development, regulation and debate: “The regulation of commercial surrogacy: The wrong answers to the wrong questions” – Anita Stuhmcke; “Responsive regulation of cross-border assisted reproduction” – Jenni Millbank; “Commercial surrogacy and the human right to autonomy” – Ronli Sifris; “Genes and gestation in Australian regulation of egg donation, surrogacy and mitochondrial donation” – Karinne Ludlow; “The Family Courts and parentage of children conceived through overseas commercial surrogacy arrangements: A child-centred approach” – Adiva Sifris.
This Part also includes the following sections: Guest Editorial: “Commercial surrogacy: What role for law in Australia?” – Ronli Sifris, Karinne Ludlow and Adiva Sifris; Legal Issues: “Defining seclusion and restraint: Legal and policy definitions versus consumer and carer perspectives” – Cath Roper, Bernadette McSherry and Lisa Brophy; Medical Issues: “The dangers of dementia: Getting the balance right” – Ross Bicknell, Joseph Ibrahim, Lyndal Bugeja and David Ranson; Bioethical Issues: “Lecretia Seales and aid in dying in New Zealand” – Grant Gillett; Nursing Issues: “The role of observation and feedback in enhancing performance with medication administration” – Karen Davies, Charles Mitchell and Ian Coombes; Medical Law Reporter: “Myriad voices against gene patents in the High Court” – Lucas McCallum and Thomas Faunce; and Letter to the Editor. Also in this Part are the following articles: “Medical and scientific authorship: A conflict between discipline rules and the law” – Elizabeth Adeney; “Foetal Alcohol Spectrum Disorders: A consideration of sentencing and unreliable confessions” – Heather Douglas; “Cutting the cord: Can society over-invest in extremely premature and critically impaired neonates?” – Neera Bhatia; “Nazi medical experiments on Australian prisoners of war: Commentary on the testimony of an Australian soldier” – George M Weisz; “A problem of modernity: Dual burial plots, the right to inter, and the interrelationship between the two” – Lynden Griggs; and “Our Father who art in prison: Conviction and rehabilitation for Australian Catholic clergy who are child sexual offenders” – Mike O’Connor. There is also a Book Review of “Critically Impaired Infants and End of Life Decision Making” – by Neera Bhatia.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged Adiva Sifris, ageing population, AH v Western Australia [2014] WASCA 228, assisted dying, Australian Catholic clergy, Bernadette McSherry, Bioethical issues, book review, carer, Carter v Canada, Cath Roper, Charles Mitchell, Chief Judge John H Pascoe, commercial surrogacy, commodification, consumers, Critically Impaired Infants and End of Life Decision Making, cross-border assisted reproduction, D'Arcy v Myriad Genetics Inc (2015) 89 ALJR 924, D’Arcy v Myriad Genetics Inc (2014) 224 FCR 479, David Ranson, dementia, dual burial plots, egg donation, Elizabeth Adeney, euthanasia, Family Courts, Foetal Alcohol Spectrum Disorder (FASD), gene patents, George M Weisz, gestation, Grant Gillett, Guest Editorial, Hague Conference on Private International Law, human rights, Ian Coombes, interment, Jenni Millbank, JLM, Joseph Ibrahim, Karen Davies, Karinne Ludlow, Kim Forrester, Lecretia Seales, Legal issues, letter to the editor, Lisa Brophy, Lucas McCallum, Lyndal Bugeja, Lynden Griggs, medical authorship, medical issues, Medical law reporter, medication administration, mitochondrial donation, Nazi medical experiments, Neera Bhatia, New Zealand, Nursing issues, nursing standards, Pora v The Queen [2015] UKPC 9, POWs, premature neonates, recidivism, rehabilitation, restraint, rights of the child, Ronli Sifris, Ross Bicknell, Royal Commission into Institutional Child Sexual Abuse, seclusion, Special Issue, Thomas Faunce, Vosnakis v Arfaras [2015] NSWSC 625 | Leave a response

Journal of Law and Medicine update: September 2015

By Journal Alerts on October 27, 2015

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.

Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged "reasonable necessity", “serious injury”, “treatment injury” in the New Zealand accident compensation scheme, 2010 report, 2012 Swiss report, 2015 Congress, 2015 Food and Drug Administration inquiry, 2015 report, abuse of narcotic analgesics, Aileen Kennedy, appropriate professional conduct for health profession, assessing testamentary and decision-making capacity, assessment paradigms and models, Assessors, Australian Competition and Consumer Commission v ACN 117 372 915 [2015] FCA 368, Australian National Health and Medical Research Council, Benjamin Brooks, Bioethical issues, Body Dysmorphic Disorder (BDD), book review, breach opinion, Carolyn Sappideen, categorisation of patients, Child Protection Act (Qld), class action, Code of Health and Disability Services Consumers’ Rights (NZ), codeine, codeine phosphate. Fentanyl, collective model of responsibility, common law claim, competent professional, consumer law standards, contra-indicators for cosmetic surgery, corporatised health care system, correspondence, cosmetic surgery, criminal injuries compensation, Danny Sullivan, Danuta Mendelson, detention, detoxifications, disciplinary proceedings, disciplinary tribunal, doctor-patient relations, Editorial, Edzard Ernst, Ella Pyman, Emily Gordon, end of life, epidemic, excessive costs, Foetal alcohol spectrum disorder, foetal harm, food and drinks industry, formerly Advanced Medical Institute Pty Ltd, Galen, Good Medical Practice: A Code of Conduct for Doctors in Australia, harm reduction, Health and Disability Commissioner, health inequities, health outcomes at population level, Health Practitioners Competency Tribunal (NZ), homeopathic product, homeopathy, Human Rights Review Tribunal (NZ), Ian Freckelton QC, Ian Kerridge, ice, inconsistency with common law tort liability, involuntary treatment, Jason Taliadoros, Jessica Wallace, JLM, Kate Mulvany, Kelly Purser, Kyla Mullen, legal capacity, Legal issues, legal liability, Letter to Editor, Malcolm Parker, marginalisation, medical ethics, medical issues, Medical law reporter, medical misadventure, medical teams, memoir, mental disability, methamphetamine, minimum contract commitment, morphine, nanny state, negligence, non-communicable diseases, North J, obesity crisis, obesity prevention and the law, outpatient psychological treatment, oxycodone (Endone), Panadeine Forte, parallels between Harvey and Syme, paternalism, patient's right to information, patients as consumers, Paul Komesaroff, penile injections, personal responsiblity or shared responsibility, prevention, problematic patients, professional sanctions and penalties, propofol, protection of vulnerable applicants, psychological benefits, psychosocial intervention, public health law, Queensland Child Protection Commission of Inquiry, regulatory principles and intervention, removal of practitioner, right to be fully informed, Robert Guthrie, Rodney Syme, role of medical opinion, Rosemary Tobin, Royal Australasian College of Physicians, s 134AB of the Accident Compensation Act 1985 (Vic), s 93 of the Transport Accident Act 1986 (Vic), Scientist in Wonderland, self-administered pethidine, socially aware, ss 324-347 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), standard of care, State intervention in pregnancy, statutory and common law requirements, suspension of practitioner, team models, test of proportionality, therapeutic efficacy, Thomas Faunce, tramadol (Tramol), trespass, Tuly Rosenfeld, United Kingdom Science and Technology Committee of the House of Commons, unwanted pregnancy, urologist, William Harvey, withdrawal of invitation | Leave a response

Special issue on commercial surrogacy published in the Journal of Law and Medicine

By Journals team on October 20, 2015

A special issue on commercial surrogacy features in the December 2015 issue (Vol 23, Pt 2) of the Journal of Law and Medicine. In an introductory note to the special issue, Chief Judge John Pascoe of the Federal Circuit Court of Australia comments that the: fundamental issue for any community in relation to surrogacy is ...more

Posted in Journal of Law and Medicine (JLM), News & Insight | Tagged assisted reproduction, autonomy, child, commercial surrogacy, cross border, egg donation, Family Court, human rights, JLM, law, mitochondrial donation, overseas, parentage, regulation, surrogacy arrangements | Leave a response

Journal of Law and Medicine update: June 2015

By journals team on July 22, 2015

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.

Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged “obligation to refer”, Andrew Butler, Anthony Gray, Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd [2015] FCA 113, Bernadette McSherry, Betheli O'Carroll, Bioethical issues, biosecurity, book review, Charles Lawson, child welfare, cognitive impairments, David Ranson, Denise Hope, deteriorating patient, Editorial, Elder Law in New Zealand by Kate Diesfeld and Ian McIntosh, end-of life decisions, expired patent, Fadhlina Alias, flight MH17, Grant Gillett, Ian Freckelton QC, Ilana Hepner, Jeanette Stewart, JLM, Joshua Donelly, Julian Savulescu, jurisdictional variation, Kim Forrester, legal capacity, Legal issues, Loane Skene, Malaysia, Martin B Delatycki, Mary Woodward, MDMA regulation, medical issues, Medical law reporter, medicinal cannabis, medicines nomenclature, Michelle de Souza, Michelle King, Nursing issues, parental choice, patenting genetic diagnostic methods, persons unfit for trial, preimplantation genetic diagnosis, Puteri Nemie Jahn Kassim, quarantine, Rachel Wong, Ronli Sifris, sex selection, standards of proof, stored tissue, Tasmania’s Reproductive Health (Access to Terminations) Act 2013, Thomas Faunce | Leave a response

Journal of Law and Medicine update: March 2015

By journals team on March 27, 2015

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.

Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged “accurate situation awareness (SA)”, assisted suicide, Australian Health Management Plan for Pandemic Influenza (AHMPPI), Belinda Bennett, Bill Madden, Bioethical issues, book review, Caroline Colton, coroners’ guidelines, coroners’ inquests, Crimes Amendment (Zoe’s Law) Bill 2013 (No 2) (NSW), David J Carter, depression, expert evidence, Gabrielle Wolf, Graham Panther, Hugh Breakey, Ian Freckelton QC, intellectually disabled, James Dalmau, Jeanne Snelling, JLM, Katey Thom, Kenneth Wei-Qiang Choo, Legal issues, Letters to the Editor, Malcolm Parker, Medical Board of Australia v Tausif (Occupational Discipline), Medical Board of Victoria, medical issues, Medical law reporter, medical litigation, medical manslaughter, Melissa Phillips, Mental Health Review Tribunal, Mike O'Connor, New Zealand, pandemic preparedness, Paula O’Brien, personhood, professional misconduct, professional negligence, Re X, reproductive capacity, reproductive rights, Roel D van Winsen, Sarah Middleton, self-incrimination, sexual violence at sea, Sidney W A Dekker, Stella Black, Tina Cockburn, unfair employment discrimination, Wei-Liang Lee | Leave a response

Journal of Law and Medicine update: December 2014

By journals team on January 13, 2015

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

Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged Australian Civil Liability Acts, Ben White, Claire Good, common law, competency of young people, Crimes Amendment (Zoe’s Law) Bill 2013 (No 2), Danuta Mendelson, disciplinary proceedings, Dr Marilyn Krawitz, e-cigarette legislation, fetal rights, Grant Gillett, Hannah Robert, Ian Freckelton QC, inappropriate prescription, infertility treatments, involuntary inpatient status, Jepson v Chief Constable of West Mercia, JLM, Jon Wardle, Joseph Lee, Julian Savulescuer, Kate Prebble, Katey Thom, Katherine Curnow, Kim Forrester, lawful burial, legal personhood, liability, Lindy Willmott, Maralinga by Frank Walker, medical practitioners, mental health, Mental Health (Compulsory Assessment and Treatment) Act 1992 (NZ), Michael Easton, Michael Morrison, negligence, Noam Gur, nursing documentation, refusals of care, research fraud, Roseanna Bricknell, standard of medical care, Steven B Gallagher, Thomas Faunce, unregistered health practitioners, voluntary starvation, wrongful life | 1 Response

Journal of Law and Medicine update: September 2014

By journals team on September 26, 2014

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.

Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged "special medical procedures", Alison K McLean, alternative medicine, Anita Stuhmcke, autologous somatic cellular therapies, Bernadette McSherry, Bioethical issues, book review, Cameron Stewart, Caroline Colton, Caroline Mills, Christine Forster, Colleen Davis, complementary medicine, crime compensation schemes, Danny Sullivan, Denise L Hope, diability discrimination, dispensing medicine, domestic surrogacy, Eloise Chandler, end-of life decisions, Eric Blyth, family violence, Fiona Kelly, gender dysphoria, Georgie Haysom, health assets, Health Legislation Amendment Act 2013 (Qld), health practitioners, Heather Douglas, Hon Nick Goiran MLC, Ian Freckelton QC, Ian Kerridge, India, integrative medicine, JLM, John Chesterman, Karin Hammarberg, Legal issues, local food environments, locked mental health wards, Louise Johnson, Louise Nash, Malcolm Parker, mandatory reporting, Margaret Kay, medical education, Medical law reporter, Megan A Rees, mental disorder, Michael Williams, Michelle A King, Nijole L Bernaitis, obesity, Phil Grano, planning law, prisons, privatisation, psychiatric hospitals, public health, public safety, Re Jamie (No 2), reproductive material, selective reduction of fetuses, smoking bans, stem cell clinics, stored embryos, stored gametes, Thomas Faunce, transgender, transnational surrogacy, Walid Jammal | Leave a response

Environmental and Planning Law Journal update: September 2014

By journals team on September 23, 2014

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.

Posted in Environmental and Planning Law Journal (EPLJ), Journal of Law and Medicine (JLM) | Tagged Aboriginal culural heritage, carbon pricing, EPLJ, heritage protection, integrated catchment management, Jill Reid, Kate Matthews, Land and Environment Court, Mark Hamilton, Michael J Rowland, Natalie Stoianoff, offset proposals, renewable energy innovation, restorative justice, Sean Ulm, Vanessa Walsh | Leave a response

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Journal of Law and Medicine (JLM)

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