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.
Since its inception in 1993, the Journal has published work by academics, practitioners and researchers from diverse fields, including leading researchers from many Australian, New Zealand and overseas universities and other academic institutions. All contributions to the journal are peer reviewed by qualified experts who are independent of authors.
Ian Freckelton QC, LLD (Melb), PhD (Griff), BA (Hons), LLB (Syd), 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; Adjunct Professor of Forensic Medicine, Monash University; Adjunct Professor of Law, La Trobe University; Adjunct Professor, Australian Centre for Health Law Research, Faculty of Law, Queensland University of Technology
Professor Roy G Beran, MBBS, MD, FRACP, BLegS, MHL, FACLM, FAFPHM, FRCP (Edin), FFFLM (RCP) (Hon), Professor of Medicine, Griffith University; Conjoint Professor, University of New South Wales
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 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, Emeritus 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
Professor Lindy White, BCom (UQ), LLB (Hons) (UQ), LLM (Camb), PhD (QUT), Professor and Director, Australian Centre for Health Law Research, Faculty of Law, Queensland University of Technology
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), 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, FRCPsych, FRANZCP, Assistant Clinical Director, Victorian Institute of Forensic Mental Health (Forensicare); Honorary Senior Fellow, University of Melbourne; Adjunct Research Fellow, Swinburne University; 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, LLD (Melb), PhD (Griff), BA (Hons), LLB (Syd), 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://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.
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For the individual contents pages for each Part, click here.
The latest Part of the Journal of Law and Medicine includes an Editorial: “Bolam Buried, Belatedly?” – Ian Freckelton QC; and the following sections: Legal Issues: “Judicial Review of Medical Panel Decisions” – Carol Newlands; Medical Issues: “Alcohol Consumption and Impairment of Surgeons: A Case for Total Abstinence?” – Mike O’Connor; Medical Law Reporter: “The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations” – Madeleine Farrar and Thomas Faunce; and a Letter to the Editor. Also in this Part are the following articles: “Vexatious, Misconceived and Avoidable Reports by Peers to Medical Regulators: A Qualitative Study of Health Practitioners in Australia” – Laura A Thomas and Marie M Bismark; “Practitioner Health Issues Featuring Before New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Cases 2003-2014” – Lois J Surgenor, Kate Diesfeld, Kate Kersey and Michael Ip; “Monitoring a ‘Menace’: Peer Review and the Regulation of Substance-Addicted Doctors, 1933-1948” – Gabrielle Wolf; “Lights and Sirens: How Coronial Inquests Can Highlight Challenges in Paramedic Regulation” – Dominique Moritz; “Expert Witness Immunity in Australia after Attwells v Jackson Lalic Lawyers: A Smaller and Less Predictable Shield?” – Tina Cockburn and Bill Madden; “The Right to Health: Implications for the Funding of Medicines in Australia” – Claudia Harper, Narcyz Ghinea and Wendy Lipworth; “Asynchronous Medicines Legislation for Non-Medical Prescribing” – Denise L Hope and Michelle A King; “Paying for Risky Decisions: Civil Liability of Non-Vaccinators” – Nikki Bromberger; “Criteria for Decision-Making Capacity: Between Understanding and Evidencing a Choice” – Lisa Eckstein and Scott YH Kim; “A Positive Duty to Rescue and Medical Practitioners: A Review of the Current Position in Australia and a Comparison with International Models” – Jayr Teng; “The Making of a Health Profession: A South African Case Study” – Andra le Roux-Kemp; and “Development, Access to Medicines and the Ebola Virus Epidemic in West Africa” – Olasupo Owoeye and Jumoke Oduwole. There is also a review of the book “The State and the Body: Legal Regulation of Bodily Autonomy” by Elizabeth Weeks – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine includes an Editorial: “The Right to Sue for Non-Communication or Delay in the Diagnosis of Neurodegenerative Diseases” – Ian Freckelton QC; and the following sections: Legal Issues: “‘My [Electronic] Health Record'” – Cui Bono (For Whose Benefit)? – Danuta Mendelson and Gabrielle Wolf; “The Foundations of the Comparison Forensic Sciences: Report of the President’s Council of Advisors on Science and Technology” – Stephen Cordner, David Ranson and Richard Bassed; Bioethical Issues: “Error and Accountability in a No-Fault System: Maintaining Professionalism” – Rebecca Babcock and Grant Gillett; and Medical Law Reporter: “Seeding Australian Regulation of Genomics in the Cloud” – Elizabeth Abbott and Thomas Faunce.
Also in this Part are the following articles: “Is Australia Well Equipped to Deal with Future Clinical Trials?” – Lisa Eckstein and Don Chalmers; “Is There a Role for Law in Medical Practice When Withholding and Withdrawing Life-Sustaining Medical Treatment? Empirical Findings on Attitudes of Doctors” – Lindy Willmott, Ben White, Malcolm Parker, Colleen Cartwright and Gail Williams; “The Knowledge and Practice of Doctors in Relation to the Law That Governs Withholding and Withdrawing Life-Sustaining Treatment from Adults Who Lack Capacity” – Ben White, Lindy Willmott, Colleen Cartwright, Malcolm Parker and Gail Williams; “Decision-Making Capacity and its Relationship to a Legally Valid Consent: Ethical, Legal and Professional Context” – Scott Lamont, Cameron Stewart and Mary Chiarella; “Balancing Self-Tracking and Surveillance: Legal, Ethical and Technological Issues in Using Smartphones to Monitor Communication in People with Health Conditions” – Jacki Liddle, Mark Burdon, David Ireland, Adrian Carter, Christina Knuepffer, Nastassja Milevskiy, Simon McBride, Helen Chenery and Wayne Hall; “Primum Non Nocere: A More Proactive Workplace Drug Testing Regime for Australian Medical Practitioners?” – Claire Leyden-Duval; “‘Dealing with the Drink’: A Case for Reviewing Gradual Regulation of Teenagers’ Access to Alcohol” – Brendan Walker-Munro; “Red Bull: Does It Give You Wings or Cardiac Disturbances? Modifying the Law Regarding Energy Drinks in Australia” – Marilyn Bromberg and Justine Howard; “Zolpidem, Complex Sleep-Related Behaviour and Volition” – Marilyn McMahon; “Judicial Recognition of PTSD in Crime Victims: A Review of How Much Credence Australian Courts Give to Crime-Induced PTSD” – Paul McGorrery; “Collision or Collusion? Homicides Staged as Car Accidents” – Claire Ferguson; and “Name Suppression Practices of New Zealand’s Health Practitioners Disciplinary Tribunal 2004-2014” – Kate Diesfeld, Lois J Surgenor, Michael Ip and Kate Kersey. There is also a review of the book “Lecretia’s Choice: A Story of Love, Death and the Law” by Matt Vickers – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine include a Guest Editorial: “Where to Now for Reform of Global Health Governance?” – Professor Belinda Bennett; and the following sections: Legal Issues: “Current Challenges for the Regulation of Chemical Restraint in Health Care Settings” – Bernadette McSherry and Juan José Tellez; Medical Issues: “Solitary Confinement: Going Down the Rabbit Hole” – Danny Sullivan and Adam Deacon; Complementary Health Issues: “The Need to Develop a Regulatory Body for the Practice of Al-Hijama” – John F Mayberry; and Medical Law Reporter: “Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers” – Caitlin Yazidjoglou and Thomas Faunce.
Also in this Part are the following articles: “Parents’ Opposition to Potentially Life-saving Treatment for Minors: Learning from the Oshin Kiszko Litigation” – Ian Freckelton QC; “The Legal Vacuum Surrounding Access to Gene-based Research Materials and Data” – Jane Nielsen and Dianne Nico; “Disclosure of Individual Research Results and Incidental Findings in Biobank Research: Why We Need an Evidence-based Approach” – Jennifer Fleming, Margaret Otlowski, Cameron Stewart, Christine Critchley and Ian Kerridge; “Open Access DNA, RNA and Amino Acid Sequences: The Consequences and Solutions for the International Regulation of Access and Benefit Sharing” – Charles Lawson and Michelle Rourke; “Access to Experimental Treatments: Comparative Analysis of Three Special Access Regimes” – Barbara von Tigerstrom and Emily Harris; “Regulation of Non-consensual Genetic Testing in Australia: Use of Samples from Deceased Persons” – Rebekah E McWhirter and Margaret Otlowski; “Translating Knowledge from Research to Outcomes: Pharmacogenomics in the Treatment of HIV/AIDS” – Jayne E Hewitt; “Some Legal Issues Regarding the Patenting of Human Genetic Materials” – Peter MacFarlane and Betty Kontoleon; “Non-invasive Prenatal Testing: The Problem with ‘Fast Cars'”– Jeanne Snelling, Nikki Kerruish and Jessie Lenagh-Glue; “Medical Abortion in Australia: What Are the Clinical and Legal Risks? Is Medical Abortion Over-regulated?” – Anne O’Rourke, Suzanne Belton and Ea Mulligan; “New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Decisions 2004-2014” – Lois J Surgenor, Kate Diesfeld, Michael Ip and Kate Kersey; and “Cloak and Dagger? Statutory Privilege for Quality Activities in New Zealand” – Meenal Duggal. There is also a review of the book “Health Law in New Zealand” by Peter Skegg and Ron Paterson (eds) – reviewed by Ian Freckelton QC.
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.
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.
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.
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 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
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.