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, Vic, NSW, Qld, SA, Tas, ACT, NT; Crockett Chambers, Melbourne; Justice, Supreme Court of Nauru; Professorial Fellow, Law Faculty, 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 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 John Devereux, TC Beirne School of Law, University of Queensland
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 Jonathan Herring, Prfoessor of Law, Vice Dean, Faculty of Law, University of Oxford
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, BEc (Syd), Hon D Litt (Newcastle, Ulster, James Cook, Curtin), Hon LLD (Macq, Syd, NLSU India (BLR), Buckingham, ANU, UNSW, Murdoch, Indiana, Melbourne, UTS, Bond, Colombo, Victoria, Deakin, Monash, Queen’s (Ontario), Wollongong, USQ, Tas, NLSU India (Odisha)), Hon D Univ (Uni SA, SCU, Griffith, La Trobe, CQU, Adelaide), 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, Emeritus 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, School of Psychology and Psychiatry, Faculty of Medicine, Nursing and Health Sciences, Monash University, Melbourne
Professor Ron Paterson, LLB (Hons) (Auckland), BCL (Oxford), Professor of Health Law and Policy, University of Auckland, New Zealand
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 Willmott, 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 – Gabrielle Wolf, BA (Hons), LLB, PhD Melb, Associate Professor, School of Law, Deakin University; 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 Professor, Department of Forensic Medicine, Monash University; Danny Sullivan, MBBS, MBioeth, MHlthMedLaw, AFRACMA, FRCPsych, FRANZCP, Executive Director of Clinical Services, 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; Julian Savulescu, Uehiro Chair in Practical Ethics, Director, Oxford Uehiro Centre for Practical Ethics, University of Oxford; Hannah Maslen, Deputy Director, Oxford Uehiro Centre for Practical Ethics, University of Oxford
Complementary Health Issues – Ian Freckelton QC, LLD (Melb), PhD (Griff), BA (Hons), LLB (Syd), Dip Th M (ANH), FAAL, FASSA, FACLM (Hon), Barrister, Vic, NSW, Qld, SA, Tas, ACT, NT; Crockett Chambers, Melbourne; Justice, Supreme Court of Nauru; Professorial Fellow, Law Faculty, 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
Health Law Reporter – Professor Cameron Stewart, BEc LLB (Hons) (Macquarie) GradDipJur (USyd) GradDipLegalPrac (College of Law) PhD (Sydney), FACLM, (Hon), Professor of Health, Law and Ethics Sydney Law School, The University of Sydney
Public Health Law Issues – Paula O’Brien, BA/LLB (Hons) (Melb), LLM (Cantab), Senior Lecturer and Director of the Health Law and Ethics Network, Melbourne Law School
Genomic Law Issues – Professor Dianne Nicol, LLM, LLB (Hons), PhD, MSc, BSC (Hons), FAAL, Distinguished Professor of Law, Director of the Centre for Law and Genetics, University of Tasmania
Nursing and Midwifery Issues – Professor Mary Chiarella AM, RN, RM, LLB (Hons) PhD (UNSW), FACN, FRSM, Professor of Nursing, Susan Wakil School of Nursing and Midwifery, The University of Sydney
Mental Health Law Issues – Bernadette McSherry, BA (Hons), LLB (Hons), LLM (Melb), D Jur (York), Grad Dip Psych (Mon), FAAL, FASSA Foundation Director, Melbourne Social Equity Institute, University of Melbourne
Reproductive Health Law Issues – Bernadette Richards, BA, Dip Ed, LLB (Hons), Ph.D, Adelaide Law School, The University of Adelaide
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)
https://clarivate.com/products/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 formerly produced by Thomson Reuters and now maintained by Clarivate Analytics. It is part of the Web of Science Core Collection and is available via subscription.
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This issue of the Journal of Law and Medicine includes the following articles: “Medicare Billing, Law and Practice: Complex, Incomprehensible and Beginning to Unravel” – Margaret Faux, Jonathan Wardle and Jon Adams; “Untangling the Threads: Stakeholder Perspectives of the Legal and Ethical Issues Involved in Preparing Australian Consumers for Commercial Surrogacy Overseas” – Lana Zannettino, Lauren Lines, Julian Grant and Sheryl L de Lacey; “Disclosure of Genetic Results to At-risk Relatives without Consent: Issues for Health Care Professionals in Australia” – Rebekah McWhirter, Carolyn Johnston and Jo Burke; “Obesity and Taxation – Is Australia Ready?” – Lidia Xynas; “In the Footsteps of Teiresias: Treatment for Gender Dysphoria in Children and the Role of the Courts” – Mike O’Connor and Bill Madden; “A Doctor’s Discretion Not To Offer Life-sustaining Treatment” – James Cameron; “Why Do I Have To Keep Waking Up? Terminal Sedation and the Law in Australia” – Kieran Tapsell; and “An Objective Approach to Decisions to Withdraw or Withhold Life-sustaining Medical Treatment” – Julian Savulescu and James Cameron.
Also in this Part are the following sections: Editorial: “The Complementary Medicine Insurance Wars: The Unresolved but Politicised Australian Theatre of Combat” – Ian Freckelton QC; Legal Issues: “Doctors, Defamation and Damages: Medical Practitioners Fighting Back” – Ian Freckelton QC and Tina Popa; Medical Issues: “Post-sentence Detention and Supervision: The Role of Multi-agency Panels” – Bernadette McSherry, Rajan Darjee and Danny Sullivan; Bioethical Issues: “Responsible Use of Machine Learning Classifiers in Clinical Practice” – Abhishek Mishra; Complementary Health Issues: “Guidance on Prescription of Homeopathic Treatments: Ramifications of a Failed Administrative Law Challenge” – Ian Freckelton QC; Medical Law Reporter: “Concussion, Defamation and the Ringside Doctor” – Ian Freckelton QC; Obituary: Thomas (Tom) Douglas Campbell (1938–2019); and Book Review: “Unnatural Causes” by Richard Shepherd – Reviewed by Ian Freckelton QC.
This issue of the Journal of Law and Medicine includes the following articles: “Social Responsibilities of the Global Pharmaceutical Companies: Towards an Ethical Health Care Paradigm” – Abhay Vir Singh Kanwar and Mia Mahmudur Rahim; “Legislative Capture: A Critical Consideration in the Commercial Determinants of Public Health” – Tony Brown; “Rational Social Impact Assessment of Alcohol Outlets: Slip Sliding Away” – Alison Ziller and Tony Brown; “Mandatory Welfare Drug Treatment in Australia” – Allan Ardill;”A Cross-sectional Survey of Health Professionals’ Attitudes toward Medicinal Cannabis Use as Part of Cancer Management” – Denesh Hewa-Gamage, Sarah Blaschke, Allison Drosdowsky, Trista Koproski, Anna Braun and Steve Ellen; “Outcome Bias in Clinical Negligence Medico-legal Cases” – Thom Petty, Lucy Stephenson, Pierre Campbell and Terence Stephenson; “Occupational Therapy Domestic Needs Assessment: Lawyer Perspectives” – Susan Arnold, Lynette Mackenzie, Michael Millington and Carole James; “Retained Surgical Items: Lessons from Australian Case Law of Items Unintentionally Left Behind in Patients after Surgery” – Tina Cockburn, Juliet Davis, and Sonya Osborne; “Understanding Client Vulnerability in the Disciplining of Legal Professionals in New South Wales” – Jennifer Schulz-Moore, Kate Diesfeld and Christine Forster; “Dealing with Patent Fragmentation in Genetics: Can Patent Pools Facilitate the Development of CRISPR Gene-Editing Technology?” – Alessandro Stasi and Isabel Pereira Rodrigues; “Considering the Provision of Growth Attenuation Treatment to Profoundly Disabled Children in Light of the Family Court’s Welfare Jurisdiction” – Elpitha (Peta) Lee Spyrou; “Advance Care Planning: A Communitarian Approach?” – Tracey Evans Chan; “Teachers’ Health, Wellbeing and Professional Misconduct. An Exploratory Analysis of Cases from New Zealand’s Teachers Disciplinary Tribunal 2017–2018” – Marta Rychert and Kate Diesfeld; and “Decisional Competence and Fitness to Stand Trial in New Zealand” – Brent Hyslop.
Also in this Part are the following sections: Editorial: “Encouraging and Rewarding the Whistleblower in Research Misconduct Cases” – Ian Freckelton QC; Legal Issues: “Electroconvulsive Therapy without Consent: The Influence of Human Rights Law” – Bernadette McSherry; Medical Issues: “The Role of Patient-reported Outcome Measures in Post-operative Death Investigations” – Anant Divyang Butala, Joseph Elias Ibrahim, Lyndal Bugeja and David Ranson; Medical Law Reporter: “Australian Medical Professionals, National Security and Administrative Offshore Punishment of Asylum-Seekers: Regulatory Update Including the Medevac Legislation” – Sarah Miller and Thomas Faunce; and Obituary: Thomas Alured Faunce. There is also a review of the following book: “Defeating the Ministers of Death; The Compelling History of Vaccination” by David Isaacs – Reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Interstate and Overseas Deaths: Jurisdictional and Decision-Making Challenges for Coroners” – Ian Freckelton QC; Letter to the Editor; Legal Issues: “‘Hospitals and Clinicians Need Not Apply:’ Withdrawing Clinically Assisted Nutrition and Hydration in Undisputed Cases” – Joanna Manning; Medical Issues: “Eve’s Curse: Intolerable Unrelieved Pain in Labour – Necessary Evil or Medical Negligence?” – Mike O’Connor; Bioethical Issues: “Should an Advance Care Directive Refusing Life-Sustaining Treatment Be Respected after an Attempted Suicide? Development of an Algorithm to Aid Health Care Workers” – Steve John Philpot; and Medical Law Reporter: “Citizens’ Juries, Liquid Democracy and Legislative Reform of Australian Compulsory Insurance Schemes for Injury Compensation after Motor Vehicle Accidents” – Felix Blumer, Talia Gedik and Thomas Faunce. Also in this Part are the following articles: “HIV and HCV Epidemics: Lessons for Lawyers and Policymakers” – The Hon Michael Kirby AC CMG; “Therapeutic Privilege Is No Defence” – Scott Davison; “A Comparative View of Australian Education in Law and Medicine” – Marcus Smith and Rachael Heath Jeffery; “Protecting the Continued Development of Collaborative Expert Witness Evidence in Australia: Surely We Should?” – Christopher D Mills; “Criminalising Health Care? The Use of Offences in the Mental Health Act 2015 (ACT)” – Sam Pang; “Authorising the Release of Data without Consent for Health Research: The Role of Data Custodians and HRECs in Australia” – Felicity Flack, Carolyn Adams and Judy Allen; “Sugar Consumption Tax: A Good Idea or Not?” – Jane Truscott; “Embryo Donation in New Zealand: Considerations of the Health and Wellbeing of Children” – Louise Wilsdon; and “A New Law of Advance Directives in Italy: A Critical Legal Analysis” – Denard Veshi, Enkelejda Koka and Carlo Venditti. There is also a review of the book “The Hanged Man and the Body Thief” by Alexandra Roginski – reviewed by Ian Freckelton QC.
This issue of the Journal of Law and Medicine includes the following articles: “The Impact of the Law in Helping or Hindering Fertility Preservation for Children with Cancer Facing Gonadotoxic Therapies” – Sonia Allan, Debra Gook and Yasmin Jayasinghe; “To Mandate or Not to Mandate: A Review of Mandatory Reporting of Suspected Child Abuse and Neglect” – Natalie A MacCormick; “Domestic and Family Violence, Reproductive Coercion and the Role for Law” – Heather Douglas and Katherine Kerr; “Legality of Embryonic Gene Editing in Australia” – Michelle Taylor-Sands and Christopher Gyngell; “An Ethics of Care Approach to Regulating Surrogacy” – James Cameron; “Misconduct, Self-inflicted Injury, and Suicide in Workers’ Compensation: A Review of the Australian Legal Framework” – Victoria Lambropoulos and Robert Guthrie; “Impostors and Impersonators: Fake Health Practitioners and the Law” – Ian Freckelton QC; “Data Custodians and the Decision-making Process: Releasing Data for Research” – Carolyn Adams, Judy Allen and Felicity Flack; “Discussing Voluntary Assisted Dying” – Carolyn Johnston and James Cameron; “The ‘Ice’ Storm: Problems with Expert Evidence on the Effects of Methamphetamine” – Jacqueline Horan and Daniel Thomas; “Mercury Pollution from Coal-Fired Power Plants: A Critical Analysis of the Australian Regulatory Response to Public Health Risks” – Grace Bramwell, Felicity Wilson and Thomas Faunce; “Transferring Health Big Data within the European Legal Framework: What Role for National Healthcare Services?” – Davide Golinelli, Fabrizio Toscano, Andrea Bucci and Gherardo Carullo; and “The Coroner’s Role in the Prevention of Elder Abuse: A Study of Australian Coroner’s Court Cases Involving Pressure Ulcers in Elders” – Catherine Anne Sharp, Jennifer Sarah Schulz Moore and Mary-Louise MacLaws.
Also in this Part are the following sections: Editorial: “The 1628 Vasa Inquest in Sweden: Learning Contemporary Lessons for Effective Death Investigation” – Ian Freckelton QC; Legal Issues: “Alternatives to Compulsory Detention and Treatment and Coercive Practices in Mental Health Settings” – Piers Gooding and Bernadette McSherry; Medical Issues: “The Investigations into What Happened at the Gosport War Memorial Hospital – Did the Coroner’s Process Help?” – David Ranson; and Medical Law Reporter: “Legal Strategies to Cure the Plastic Planet: Corporate Marriage and Public Health Regulation of Single-Use Non-Biodegradable Plastics” – Angela Gock, Edward Dale, Lucina Ou-Yang, Sally Wheeler and Thomas Faunce. There is also a review of the following book: “The Arsonist: A Mind on Fire” by Chloe Hooper – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Procedural Fairness and the Coroner” – Ian Freckelton QC; Legal Issues: “The European Union General Data Protection Regulation (EU 2016/679) and the Australian My Health Record Scheme – A Comparative Study of Consent to Data Processing Provisions” – Danuta Mendelson; Medical Issues: “Geriatric Forensic Medicine – A Specialty that can no Longer Wait to be Realised” – David Ranson and Joseph Ibrahim; Bioethical Issues: “‘A Steadying Hand’: Ascribing Speech Acts to Users of Predictive Speech Assistive Technologies” – Stephen Rainey; and Medical Law Reporter: “Australia’s First Official Illicit Pill Testing at Canberra’s Groovin’ the Moo Music Festival: Legal Hurdles and Future Prospects” – Sarah Byrne, Angela Gock, Anne Cowling and Thomas Faunce. Also in this Part are the following articles: “Moritz Meyer and the Medical Board: Preventing Refugee Doctors from Practising Medicine in Victoria, Australia, 1937–1958” – Gabrielle Wolf; “Does Disciplinary Law Protect Us from False and Misleading Health Advertising?” – Jordan Sacco; “National Competition Policy and Australia’s Health Care System: A Look at the Policy Landscape with New Eyes” – Jayne E Hewitt; “Dental Health Workforce Regulation – How Amendments to the Health Practitioner Regulation National Law Act May Shape the Future of the Dental Profession” – Gillian Jean, Alexander Holden and Marc Tennant; “In Sickness and in Prison: The Case for Removing the Medicare Exclusion for Australian Prisoners” – Craig Cumming, Stuart A Kinner, David B Preen and Ann-Claire Larsen; “‘Mental Disorder’ and Sentencing: Resolving the Definitional Problem” – Jamie Walvisch; “Biologics and Public Health: Prospects and Challenges” – Olasupo Owoeye and Oluwabusayo Owoeye; “The Privacy-Related Challenges Facing Medical Research in an Era of Big Data Analytics: A Critical Analysis of Australian Legal and Regulatory Frameworks” – Moira Paterson and Normann Witzleb; “Australian Public Attitudes on Gene Editing of the Human Embryo” – Tamara Treleaven and Bernard E Tuch; “Regulating RNA Research and CRISPR Gene Drives to Combat Biosecurity Threats” – Thomas Faunce, Andrew Ray, Christie Gardiner, Thomas Preiss and Gaetan Burgio; “Providing Palliative Care at the End of Life: Should Health Professionals Fear Regulation?” – Lindy Willmott, Ben White, Donella Piper, Patsy Yates, Geoffrey Mitchell and David Currow; “The Role of the Medical Profession in Victorian Assisted Dying Law Reform” – Jodhi Rutherford; and “Sexual Assault Examination of the Unconscious Patient: A Legal, Ethical and Professional Grey-area for the Forensic Physician” – Justine E Rogers, Morris S Odell and Jason R Schreiber. There is also a review of the book “Diamonds and Stones in an Era of Gold” by Brian Collopy – reviewed by Ian Freckelton QC.
This issue of the Journal of Law and Medicine features an Editorial by General Editor Professor Ian Freckelton QC marking the 25th anniversary of the Journal. It includes the following articles: “When Is It in a Child’s Best Interests to Withhold or Withdraw Life-sustaining Treatment? An Evolving Australian Jurisprudence” – Lindy Willmott, Ben White and Neera Bhatia; “Biosimilars: The Challenges of Novelty, Inventive Step and Sufficiency” – Teddy Henriksen and Jay Sanderson; “The Legal Doctrine of Informed Consent and Renal Dialysis – Do Patients Really Consent?” – Marina Wainstein, Anna Rose Menzies, Frank Patrick Brennan and Mark Ashley Brown; “Building Public Confidence in Medical Registration Revalidation: Reform of Medical Registration Law in Australia, a New Risk-based Approach” – David J Carter, Deborah J Street and Stephen Bush; “Holding Out and Protected Titles – Issues for Non-registrant Complementary and Alternative Health Practitioners” – Michael Weir; “Legal and Ethical Issues Surrounding the Use of Older Children’s Electronic Personal Health Records” – Jacqueline Meredith, Shaun McCarthy and Bronwyn Hemsley; “Changing Law Students’ Ideas about Dis/ability: Can We? Should We? How Would We?” – Anna Cody; “Best Interests and Non-consensual Research” – Brent Hyslop; “How Do Coroners’ Findings in Australian Jurisdictions Apply to Health Care Practitioners within Safety-I and Safety-II Paradigms?” – Nicola Cunningham; “An Analysis of Medico-legal Claims against Dermatologists in Australia from a Single Medical Indemnity Insurer” – Paul Stevenson; “Reproductive Autonomy and Social Sex Selection: A Chance of a Choice?” – Kathryn Boyd; “Freedom of Expression, Belief and Assembly: The Banning of Protests Outside of Abortion Clinics in Australia” – Anna Walsh; “Two Problems of Unburied Bodies” – Robert Shiels; “A Whiter Shade of Grey: Comparisons of the Legal and Professional Status of Tooth Whitening in Three Jurisdictions” – Alexander C L Holden; and “Infection Control Standards in Private Dental Practice” – The Role of Accreditation – Gillian Jean, Alexander C L Holden, Marc Tennant and Estie Kruger.
Also in this Part are the following sections: Editorial: “Health Law: The Past and the Future” – Ian Freckelton QC; Legal Issues: “Computational Modelling, Social Media and Health-Related Datasets: Consent and Privacy Issues” – Bernadette McSherry; Medical Issues: “Responding Better to Desperate Parents: Warnings from the Alfie Evans Saga” – Ian Freckelton QC; Bioethical Issues: “A New Ethical Model of Commercial Surrogacy Arrangements for Australia” – Jeremy Feiglin and Julian Savulescu; Nursing Issues: “Codes of Conduct – A New Era for Nursing and Midwifery in Australia” – Kim Forrester; and Medical Law Reporter: “Australian Senate Committee Report on Transvaginal Mesh Devices” – Chloe Thompson and Thomas Faunce. There are also reviews of the following books: “True Stories from the Morgue” by J Merrick – reviewed by Ian Freckelton QC; “The Trauma Cleaner: One Woman’s Extraordinary Life in Death & Disaster” by Sarah Krasnostein – reviewed by Ian Freckelton QC; and “Tensions and Traumas in Health Law” by Ian Freckelton and Kerry Petersen – reviewed by Bill Madden.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Regulation of Substandard Medical Practice: Lessons from the Bawa-Garba Case” – Ian Freckelton QC; Legal Issues: “Q: Can a Court or Patient Demand Treatment? A: Yeah But No” – Joanna Manning; Medical Issues: “Medicinal Cannabis in Pregnancy – Panacea or Noxious Weed?” – Mike O’Connor; and Medical Law Reporter: “Analysis of Australia’s New Biosecurity Legislation” – Sam Durant and Thomas Faunce. Also in this Part are the following articles: “Beakers and Borders: Export Controls and the Life-sciences under the Defence Trade Controls Act 2012” – Timothy Vines; “Less Is More: Regulating the Weaponisation of Disease under the National Health Security Act 2007 (Cth)” – Colleen Chen; “Revisiting Breen v Williams: Breathing Life into a Doctor–Patient Fiduciary Relationship” – Diana Nestorovska; “Who Are ‘Indigenous and Local Communities’ and What Is ‘Traditional Knowledge’ for Virus Access and Benefit-sharing? A Textual Analysis of the Convention on Biological Diversity and Its Nagoya Protocol” – Michelle F Rourke; “Nga Whenu Raranga/Weaving Strands in the Alcohol and Other Drug Treatment Court of Aotearoa/New Zealand” – Katey Thom and Stella Black; “Patenting Nucleic Acid Sequences: More Ambiguity from the High Court?” – Charles Lawson; “The Regulatory Evolution of Paramedic Practice in Australia” – Dominique Moritz; “The Ethical, Legal and Regulatory Issues Associated with Pharmacogenomics: Systematically Quantifying the Literature” – Jayne E Hewitt; “Looking Gift-horses in the Mouth: Gift-giving, Incentives and Conflict of Interest in the Dental Profession” – Alexander C L Holden and Heiko Spallek; “Outcomes of Notifications against Psychologists in the New Zealand Health Regulation Context 2004–2015” – Lois J Surgenor and Kate Diesfeld; “Pure Psychiatric Injury Pursuant to the Civil Liability Legislation: An(other) Economic Perspective” – Martin Allcock; and “A Phronetic Inquiry into the Australian Euthanasia Experience: Challenging Paternalistic Medical Culture and Unrepresentative Health Policy” – Chelsea Wallis. There is also a review of the book “Wrongful Deaths: Selected Inquest Records from Nineteenth Century Korea” by Sun Koo Kim and Jungwon Kim (eds) – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Vaccination Litigation: The Need for Rethinking Compensation for Victims of Vaccination Injury” – Ian Freckelton QC; Legal Issues: “International Human Rights and Mental Health: Challenges For Law and Practice” – Bernadette McSherry and Yvette Maker; Medical Issues: “Policy Development and Regulation of Aged Care” – Joseph Ibrahim and David Ranson; and Medical Law Reporter: “Senate Inquiry into Price Regulation on the Prostheses List” – Emma Holden and Thomas Faunce. Also in this Part are the following articles: “Hartnett, Epstein, Van der Hope: Regulating Unconventional Doctors” – Gabrielle Wolf; “Survey of Quasi-Judicial Decision-Makers in NSW and The National Registration Scheme for Health Practitioners” – Mary Chiarella, Claudette S Satchell, Marie Nagy, Terry Carney, Merrilyn Walton, Belinda Bennett, Patrick J Kelly; “The Use of Students as Surrogates: The Ethical, Legal and Professional Issues of Student-Student Practical Learning in Dental Education” – Alexander Holden; “The Agony and the Ecstasy: Sacrifice and Pain for Financial Gain: Have Indian Surrogate Mothers Been Exploited by Their Intended Parents in Commercial Surrogacy Arrangements?” – Pip Trowse and Donna Cooper; “The Patient’s Voice: Australian Health Care Quality and Safety Regulation from the Perspective of the Public” – David J Carter, James Brown and Carla Saunders; “Never Mind the Science, Here’s the Convention on Biological Diversity: Viral Sovereignty in the Smallpox Destruction Debate” – Michelle F Rourke; “Women’s Rights in the Health Care System: Caesarean Delivery on Maternal Request” – Ann-Claire Larsen; “Sharing the Air: The Need for Strata Law Reform to Reduce Second-hand Smoke Exposure in Multiunit Housing in Australia” – Jacqui Bell, Bonnie Dale, Caitlin Kameron and Michelle Havill; “Eroding Public Health through Liquor Licensing Decisions” – Alison Ziller; “The Implementation of Coronial Recommendations in Tasmania: Two Case Studies on Child Deaths” – Rose Mackie; “Birth: Why Do Not We Just Tell the Truth?” – Amber Moore; “Breaking Bad News about Cancer to Adolescents and Young Adults: The French Experience” – Eric Fourneret; “The South Australian Advance Care Directives Act 2013: How Has the Decision-Making Paradigm Changed?” – Margaret Brown; “Mind the Information Gap: Quantifying the Courts’ Role in Responding to Patient Harm, 1989 to 2013” – Wendy Bonython and Bruce Baer Arnold; and “Medical Evidence of Capacity in a Legal Setting: To What Extent Do Courts and Tribunals Make Their Own Decisions?” – Sam Boyle. There is also a review of the book “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton (ed) – reviewed by Michael Magazanik.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Futility of Treatment for Dying Children: Lessons from the Charlie Gard Case” – Ian Freckelton QC; Legal Issues: “Voluntary Assisted Dying Legislation in Victoria: What Can We Learn from the Netherlands Experience?” – Danuta Mendelson; Medical Issues: “Prioritising Patients’ Preferences: Victoria’s New Advance Planning and Medical Consent Legislation” – John Chesterman; and Medical Law Reporter: “High Court of Australia and HIV/AIDS Disease Criminalisation: Aubrey v The Queen and Zaburoni v The Queen” – Thomas Faunce and Brendan Siles. Also in this Part are the following articles: “Doctors with Conditions – Rehabilitation or Risk” – Helen Kiel; “Commentary on Undue Influence Provisions under Oregon Death with Dignity Act and California’s End of Life Option Act” – Michaela Estelle Okninski; “Private Health Care in New Zealand: Five Policy Prescriptions” – Rachel Tompkins; “Jurors’ and Judges’ Evaluation of Defendants with Autism and the Impact on Sentencing: A Systematic Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA) Review of Autism Spectrum Disorder in the Courtroom” – Clare S Allely and Penny Cooper; “Let’s Starve Down to the Bone: Pro-anorexia Websites and the Law” – Marilyn Bromberg and Tomas Fitzgerald; “Legal and Ethical Issues Surrounding Advance Care Directives in Australia: Implications for the Advance Care Planning Document in the Australian My Health Record” – Shaun McCarthy, Jacqueline Meredith, Lucy Bryant and Bronwyn Hemsley; “Criticising Current Causation Principles: Views from Victorian Lawyers on Medical Negligence Legislation” – Tina Popa; “The Murder Trial of Gerard Baden-Clay: Admissibility of Expert Opinion Evidence of Injuries and Cause of Death” – Russ Scott; “Use of Coronial Post-mortem Tissue for Research in New Zealand” – Brandi L Bellissima, Fintan Garavan, Jonathan R Skinner and Malcolm D Tingle; “Choosing Wisely: Law’s Contribution as a Cause of and a Cure for Unwise Health Care Choices” – Nola M Ries; “Legal and Medical Aspects of Diverse Gender Identity in Childhood” – Felicity Bell and Anthony Bell; “Obesity Prevention Laws and the Australian Constitution” – Jacqueline Lau, Elizabeth Handsley and Christopher Reynolds; “Capacity and Vulnerability: How Lawyers Assess the Legal Capacity of Older Clients” – Lise Barry. There is also a review of the book “Merry and McCall Smith’s Errors, Medicine and the Law” by Alan Merry and Warren Brookbanks (eds) – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Doctors Suing Patients: Wrestling with Doing No Harm” – Ian Freckelton QC; Legal Issues: “Supporting People with Decision-Making Impairments: Choice, Control and Consumer Transactions” – Yvette Maker, Bernadette McSherry, Lisa Brophy, Jeannie Marie Paterson and Anna Arstein-Kerslake; Medical Issues: “Novel Psychoactive Substances: The Challenges for Health Care, Analytical Science and the Law” – Victoria Bicknell, Dimitri Gerostamoulos and David Ranson; Bioethical Issues: “Taking the Moral Measure of Mental Capacity: Interpretation and Implementation” – Grant Gillett; and Medical Law Reporter: “Public Health Legislation Prohibiting Sports-Embedded Gambling Advertisting” – Madeleine Farrar and Thomas Faunce.
Also in this Part are the following articles: “Complementary Health Practitioners Disciplined for Misconduct in Australia 2010-2016” – Jenni Millbank, Miranda Kaye, Anita Stuhmcke, David Sibbritt, Isabel Karpin and Jon Wardle; “Professional Discipline of the New Zealand Nursing Residential Care Workforce: A Mixed Methods Analysis of HPDT Decisions 2004-2014” – Kate Kersey, Kate Diesfeld, Lois J Surgenor and Michael Ip; “The Legal System and the Legitimacy of Clinical Guidelines” – Fiona McDonald; “Wastewater Analysis of Substance Use: Implications for Law, Policy and Research” – Jeremy Prichard, Foon Yin Lai, Emma van Dyken, Phong Thai, Raimondo Bruno, Wayne Hall, Paul Kirkbride, Coral Gartner, Jake O’Brien and Jochen F Mueller; “Abortion Law in New South Wales: Shifting from Criminalisation to the Recognition of the Reproductive Rights of Women and Girls” – Christine Forster and Vedna Jivan; “Proprietary Rights in Stored Semen: ‘Roblin v Public Trustee’ and the Commonsense Approach to Stored Human Tissue of Significance” – Madeline Baker; “‘Treatment’ of Intersex Children as a Special Medical Procedure” – Skye O’Dwyer; “Life on the Liminal Bridge Spanning Fertility and Infertility: A Time to Dream and a Time to Decide” – Pamela M White; “Coercive Community Treatment in Mental Health: An Idea Whose Time Has Passed?” – Sascha Callaghan and Giles Newton-Howes; “Blood Libel: An Analysis of Blood Donation Policy As It Affects Gay Men in Australia” – Edward Davis; “Stigma, Homosexuality and the Homosexual Advance Defence” – Anthony Gray and Kerstin Braun; and “The Role of Legal Proxies in End-of-Life Decisions in Italy: A Comparison with Other Western European Countries” – Denard Veshi and Gerald Neitzke. There are also reviews of the books “Patients with Passports: Medical Tourism, Law and Ethics” by I Glenn Cohen – reviewed by Ian Freckelton QC; and “Stem Cell Tourism and the Political Economy of Hope” by Alan Petersen, Megan Munsie, Claire Tanner, Casimir MacGregor and Jane Brophy – reviewed by Ian Freckelton QC.