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.

General Editor
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, Adjunct Professor, Johns Hopkins University, Baltimore, USA

Editorial Board
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

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 – 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, Adjunct Professor, Johns Hopkins University, Baltimore, USA

Family and Children’s Health Law 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, Adjunct Professor, Johns Hopkins University, Baltimore, USA

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

Health Research Law and Ethics – 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, Adjunct Professor, Johns Hopkins University, Baltimore, USA

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)
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.

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: Vol 28 Pt 2

By Journal Alerts on April 9, 2021

This Part of the Journal of Law and Medicine includes the following articles: “The Regulation and Governance of Clinical Trials: Past and Present Considerations to Ensure Ethical Treatment of Human Participants” – Grace Borsellino, Patrick Foong and Sonia Allan; “Scientific Uncertainty and Guarantee of Supply of Medicines and Healthcare Products during the Crisis Caused by the SARS-CoV-2 in Spain” – Carlos del Castillo-Rodríguez and Silvia Enríquez-Fernández; “Parental Refusal of Treatment and Children’s Rights in Nigeria” – Titilayo Oyenihun Aderibigbe and Amarachi Chizaram Okonkoh; “Guiding Genomic Research: Australia’s National Statement on Ethical Conduct in Human Research” – Belinda Bennett, Elizabeth Dallaston, Fiona McDonald, Andrew McGee, Shih-Ning Then and Bethany Allen; “Australia after Bawa-Garba: Does Reflective Learning Remain Tenable for Health Care Practitioners?” – Christopher D Mills; “Epidemiology of Offences against Health in the Republic of Kazakhstan: 2015–2019” – Oxana Tsigengagel, Nataliya Glushkova, Vugar Mammadov, Zaituna Khismetova, Meruert Gazaliyeva, Zhanara Ibrayeva and Yuliya Semenova; “The Doctrine of Double Effect and Potential Criminal Liability of Medical Practitioners in Australia” – Scott Davison; “The Strategy of Evaluation Automatism for Disability Assessment: A Pragmatic Choice to Simplify the Decision-making Process in the Italian Welfare System” – Giuseppe Consolazio; “Australian Medicare Benefits” – Bachier Mawassi; “Workers’ Compensation, Return to Work, Behavioural Health and COVID-19 in Australia” – Robert Guthrie, Robert Aurbach and Marina Ciccarelli; and “‘Equality’, the ‘Capability Approach’ and the Ethical Health Care Paradigm: The Interface” – Abhay Vir Singh Kanwar and Mia Mahmudur Rahim.

Also in this Part are the following sections: Editorial: “Human Challenge Trials: Ethical and Legal Issues for COVID-19 Research” – Ian Freckelton QC; Legal Issues: “Sex Therapy as a Reasonable and Necessary Support for Persons with a Disability” – Ian Freckelton QC; Nursing and Midwifery Issues: “Patients’ Access to Care During COVID-19 and the Role of Nurse Practitioners in Australia” – Jane Currie; Public Health Law Issues: “COVID-19: Public Health Emergency Powers and Accountability Mechanisms in Australia” – Paula O’Brien and Eliza Waters; Genomic Law Issues: “Pathways, Processes and Protections: Australia’s Clinical and Direct-to-Consumer Genetic Testing Spaces” – Jan Charbonneau and Dianne Nicol; Health Law Reporter: “Supported Decision-Making for People Living with Dementia: An Examination of Four Australian Guardianship Laws” – Meredith Blake, Cameron Stewart, Pia Castelli- Arnold and Craig Sinclair; and Book Review: “The Assassination of Barbara O’Neill”, by Michael O’Neill.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged (National Disability Insurance Agency v WRMF (2020) 378 ALR 449; [2020] FCAFC 79), Abhay Vir Singh Kanwar, Amarachi Chizaram Okonkoh, ambiguity around the concept of equality, Andrew McGee, articles, Australia after Bawa-Garba: Does Reflective Learning Remain Tenable for Health Care Practitioners?, Australian Medicare Benefits, autonomous rights of children above parents, Bachier Mawassi, balanced ethical and pragmatic considerations, Belinda Bennett, Bethany Allen, biobanking, book review, Cameron Stewart, Carlos del Castillo-Rodríguez, causal link between COVID-19 and work, Christopher D Mills, consent to participation in genomic research including participation by children, containment measures, contemporary genomics research, controlled human infection trials, Convention on the Rights of Persons with Disabilities, COVID-19 vaccines, COVID-19: Public Health Emergency Powers and Accountability Mechanisms in Australia, Craig Sinclair, criteria for defining disability, delivery of effective health care, determining the meaning and scope of a Medicare item, Dianne Nicol, disability examination strategies, diversities in human capabilities, Editorial, effective utilisation of nurse practitioner services, effects and implication of traditional African beliefs on parental consent, eligibility for taxpayer-funded receipt of services from a sex worker, Eliza Waters, Elizabeth Dallaston, epidemiology of medical errors and associated compensation payments pre-trial settlements and court hearings in the Republic of Kazakhstan, Epidemiology of Offences against Health in the Republic of Kazakhstan: 2015–2019, Equality the Capability Approach and the Ethical Health Care Paradigm: The Interface, ethical health care paradigm, ethical principles applicable to human challenge trials and test treatments, evaluation automatism and the personalised approach, extraordinary government action and accountability, Fiona McDonald, genomic information, genomic law issues, Giuseppe Consolazio, Grace Borsellino, Guiding Genomic Research: Australia's National Statement on Ethical Conduct in Human Research, Health Insurance Act 1973 (Cth), health law reporter, health planners, health-related genetic testing, human challenge studies, Human Challenge Trials: Ethical and Legal Issues for COVID-19 Research, human rights, Ian Freckelton QC, increasing access to health services for underserved populations, insufficient transparency, Jan Charbonneau, Jane Currie, JLM, Legal issues, Marina Ciccarelli, Mary Chiarella, Medicare Benefits Schedule, Meredith Blake, Meruert Gazaliyeva, Mia Mahmudur Rahim, Michael O'Neill, Nataliya Glushkova, National Disability Insurance Scheme, novel medical interventions, Nursing and Midwifery Issues, obtaining obtain personal genetic information, offences against health and associated mortality, Oxana Tsigengagel, paradigm shift from medical to consumer, parental consent practices over children, Parental Refusal of Treatment and Children's Rights in Nigeria, parental withholding of consent to medical treatment on religious spiritual cultural/compassionate grounds, parliamentary inquiries into end-of-life choices, Pathways Processes and Protections: Australia's Clinical and Direct-to-Consumer Genetic Testing Spaces, Patients' Access to Care During COVID-19 and the Role of Nurse Practitioners in Australia, Patrick Foong, Paula O’Brien, Pia Castelli-Arnold, procurement and dispensing, providing decision-making support to people with cognitive impairment, public health emergency legislation, public health emergency legislation in all Australian jurisdictions, public health law issues, regulating supply chain of medicines and healthcare products, regulation to ensure ethical and safe practices when using human participants, return of findings, review of executive action, Robert Aurbach, Robert Guthrie, Scientific Uncertainty and Guarantee of Supply of Medicines and Healthcare Products during the Crisis Caused by the SARS-CoV-2 in Spain, scope of unsafe care in Kazakhstan and solutions to be adopted, Scott Davison, Sex Therapy as a Reasonable and Necessary Support for Persons with a Disability, Shih-Ning Then, Silvia Enríquez-Fernández, Sonia Allan, Supported Decision-Making for People Living with Dementia: An Examination of Four Australian Guardianship Laws, supportive guardianship order, tenability of reflective practice in Australia, The Assassination of Barbara O'Neill, The Doctrine of Double Effect and Potential Criminal Liability of Medical Practitioners in Australia, The Regulation and Governance of Clinical Trials: Past and Present Considerations to Ensure Ethical Treatment of Human Participants, The Strategy of Evaluation Automatism for Disability Assessment: A Pragmatic Choice to Simplify the Decision-making Process in the Italian Welfare System, Titilayo Oyenihun Aderibigbe, treatment and prevention of the infection, unorthodox acceleration of medical knowledge, use of medicines and health care products, Vugar Mammadov, Williams Review, workers' compensation claims, Workers' Compensation Return to Work Behavioural Health and COVID-19 in Australia, written reflection about regrets, Yuliya Semenova, Zaituna Khismetova, Zhanara Ibrayeva | Leave a response

Journal of Law and Medicine update: Vol 28 Pt 1

By Journal Alerts on January 29, 2021

This Part of the Journal of Law and Medicine includes the following articles: “COVID-19 and the Right to Support in New Zealand Hospitals” – Sarah Gwynn; “COVID-19 Curfews: Kenyan and Australian Litigation and Pandemic Protection” – Ian Freckelton QC; “Clinical Decision Support Systems and Medico-Legal Liability in Recall and Treatment: A Fresh Examination” – Megan Prictor, Mark Taylor, Jane Kaye, Jon Emery, Craig Nelson and Jo-Anne Manski-Nankervis; “Navigating the Australian National Disability Insurance Scheme: A Scheme of Big Ideas and Big Challenges” – Allan Ardill and Brett Jenkins; “Fifteen Years On: What Patterns Continue to Emerge from New Zealand’s Health Practitioners Disciplinary Tribunal?” – Lois J Surgenor, Kate Diesfeld, Kate Kersey, Olivia Kelly and Marta Rychert; “Maintaining Privacy in Artificial Intelligence-driven Bioinformatics: An Inquiry into the Suitability of Australia’s Laws” – Jade Luci Andrews; “Transgender and Intersex Athletes in Single-sex Sports” – Laura Johnston; “The Right of the Child to Oral Health: The Role of Human Rights in Oral Health Policy Development in Australia” – Gillian Jean, Estie Kruger, Vanessa Lok and Marc Tennant; “(Re)Drawing the Line: Australian Regulation of Human–Animal Interspecies Embryos” – Andrew Ng and Karinne Ludlow; “In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia” – Owen M Bradfield, Matthew J Spittal and Marie M Bismark; “A Little Less Discrimination, a Little More International Legal Compliance: A Capacity-based Approach to Substitute Decision-Making for People with Mental Illness” – Seb Recordon; “Adolescent Drivers – Are We Doing Enough?” – Roy G Beran; and “Don Chalmers: His Contributions to Legal Research and Education, Health Law, and Research Ethics, Locally and Globally” – Dianne Nicol, Yann Joly, Jane Kaye, Bartha Knoppers, Eric M Meslin, Jane Nielsen, Margaret Otlowski and Kate Warner.

Also in this Part are the following sections: Editorial: “The Rights to Life, Dignity and the Highest Attainable Standard of Health: Internationally Influential African Jurisprudence” – Ian Freckelton QC; Legal Issues: “Embracing the Future: Using Artificial Intelligence in Australian Health Practitioner Regulation” – Editor: Gabrielle Wolf; Medical Issues: “Personality Disorder and Moral Culpability: Brown v The Queen” – Danny Sullivan and Adam Deacon; Technology Health Law Issues: “Consumer Law, Technology and Health Care: A Shift in Focus, a Panacea or a Confounder?” – Joel Grieger, Mark Giancaspro and Bernadette Richards; Mental Health Law Issues: “Gender, Trauma and the Regulation of the Use of Restraint on Women in Australian Mental Health Services” – Yvette Maker; Health Law Reporter: “Brain Death and Pregnancy: On the Legalities of Post-mortem Gestation” – Cameron Stewart, Ian Kerridge, Lisa O’Reilly, Linda Sheahan, George Tomossy and George Skowronski; Health Research Law and Ethics: “Clinical Research without Consent: Challenges for COVID-19 Research” – Editor: Ian Freckelton QC; Letter to the Editor; Letter to the Editor (and Response); and Book Review: “Memoir of an Accidental Ethicist”, by KJ Breen.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged (Re)Drawing the Line: Australian Regulation of Human–Animal Interspecies Embryos, A Little Less Discrimination a Little More International Legal Compliance: A Capacity-based Approach to Substitute Decision-Making for People with Mental Illness, absence of direct interaction, access and provision of supports, access to disability supports, access to HIV medications, Adam Deacon, Adolescent Drivers – Are We Doing Enough?, Allan Ardill, Andrew Ng, application of consumer law to instances of patient harm, appointment of a Chief Dental Officer, Art 12 of the International Covenant on Economic, articles, artificial intelligence (AI), AUSTROADS Guidelines, availability and accessibility of vaccines for the COVID-19 virus, avoiding exploitation of vulnerable persons, Bartha Knoppers, Bernadette McSherry, Bernadette Richards, book review, Brain Death and Pregnancy: On the Legalities of Post-mortem Gestation, Brett Jenkins, Brown v The Queen [2020] VSCA 212, Cameron Stewart, care of patients with chronic disease, Center for Health, child oral health policy, Clinical Decision Support Systems and Medico-Legal Liability in Recall and Treatment: A Fresh Examination, clinical environment, Clinical Research without Consent: Challenges for COVID-19 Research, clinically useful medication trials, Consumer Law Technology and Health Care: A Shift in Focus a Panacea or a Confounder?, Convention on the Rights of Persons with Disabilities, Convention on the Rights of the Child, COVID-19 and the Right to Support in New Zealand Hospitals, COVID-19 Curfews: Kenyan and Australian Litigation and Pandemic Protection, Craig Nelson, criteria for inclusion in clinical trials of persons unable to provide informed consent, Danny Sullivan, dealing with adolescent road fatalities and injuries, decision-making about a lengthy curfew, Dianne Nicol, Director of Public Prosecutions (Vic) v O'Neill (2015) 47 VR 395; [2015] VSCA 325, discrimination and legality, discriminatory oral health policy design, doctors' liability in negligence, Don Chalmers: His Contributions to Legal Research and Education Health Law and Research Ethics Locally and Globally, Editorial, Embracing the Future: Using Artificial Intelligence in Australian Health Practitioner Regulation, entitlement to be treated with dignity, Eric M Meslin, Estie Kruger, ethical issues that arise in respect of clinical research, Fifteen Years On: What Patterns Continue to Emerge from New Zealand's Health Practitioners Disciplinary Tribunal?, freedom of movement, Gabrielle Wolf, Gender Trauma and the Regulation of the Use of Restraint on Women in Australian Mental Health Services, George Skowronski, George Tomossy, Gillian Jean, Graduated Licensing process, health law reporter, Health Research aw and Ethics, how artificial capabilities may affect the individual's right to privacy, HPDT hearing processes and outcomes, HPDT processes and penalties, Human Rights and Development v Attorney General [2020] UGCC 12, Human Rights-Based Approach to health system planning, Ian Freckelton QC, Ian Kerridge, immediate action powers in Australia and procedural protections, impaired mental functioning, improving efficiency and effectiveness of processes in private industry and public administration, In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia, international legal framework pertaining to people with mental disabilities, intersection between AI and bioinformatics, Jade Luci Andrews, Jane Kaye, Jane Nielsen, JLM, Jo-Anne Manski-Nankervis, Joel Grieger, Jon Emery, Karinne Ludlow, Kate Diesfeld, Kate Kersey, Kate Warner, Laura Johnston, Law Society of Kenya v Mutyambai [2020] eKLR, Legal issues, letter to the editor, Letter to the Editor (and Response), limitations on support-people and visitors' access to hospitals, Linda Sheahan, Lisa O'Reilly, Loielo v Giles [2020] VSC 722, Lois J Surgenor, Maintaining Privacy in Artificial Intelligence-driven Bioinformatics: An Inquiry into the Suitability of Australia's Laws, making predictions and decisions, Marc Tennant, Margaret Otlowski, Marie M Bismark, Mark Giancaspro, Mark Taylor, Marta Rychert, Matthew J Spittal, measures to mitigate risks of infringement, Medical Boards, medical issues, Megan Prictor, Memoir of an Accidental Ethicist by KJ Breen, Mental Health (Compulsory Assessment and Treatment) Act 1992 (NZ), Mental Health Law Issues, mental health legislation, Millard v Australian Capital Territory [2020] ACTSC 138, Minister of Health v Treatment Action Campaign (No 2) (2002) 5 SA 721, National Disability Insurance Scheme (NDIS), National Road Safety Strategy 2011–2020, Navigating the Australian National Disability Insurance Scheme: A Scheme of Big Ideas and Big Challenges, NDIS law, New South Wales Civil and Administrative Tribunal decision-making, Ngugi J of the Kenya High Court, Olivia Kelly, Owen M Bradfield, PAO v Attorney General [2012] eKLR, patient's right to support, Personality Disorder and Moral Culpability: Brown v The Queen, personality disorders as relevant to moral culpability, potential for restraint use to traumatise or retraumatise women service users, protection of the public, R v Verdins [2007] VSCA 102, recall, recognition of risk, relationship between the patient and the manufacturers/ distributers of technology, Right 8 of the Code of Health and Disability Consumers' Rights, right to life, Roy G Beran, Sarah Gwynn, scientific reasoning Australian case law and sport-specific policies for separation of male and female athletes, Seb Recordon, sex or gender as relevant considerations in the authorisation use or monitoring of the use of restraint, Social and Cultural Rights, societal and safety concerns on mixing of human and animal cellular and genetic material, software systems in patient care, STC 3141, supplementing public risk test with public interest test, task automation, Technology Health Law Issues, testing, The Right of the Child to Oral Health: The Role of Human Rights in Oral Health Policy Development in Australia, The Rights to Life Dignity and the Highest Attainable Standard of Health: Internationally Influential African Jurisprudence, Transgender and Intersex Athletes in Single-sex Sports, treatment, Uganda Constitutional Court, untreated dental disease in marginalised and vulnerable children, use of physical mechanical and/or chemical restraint, using AI to analyse and draw inferences from data, Vanessa Lok, Yann Joly, Yvette Maker | Leave a response

Journal of Law and Medicine update: Vol 27 Pt 4

By Journal Alerts on September 1, 2020

This COVID-19 special issue of the Journal of Law and Medicine includes the following articles: “Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)” – Danuta Mendelson, Michael Keane, Mirko Bagaric and Cameron Graydon; “Compassion, Law and COVID-19” – Nigel Stobbs, Belinda Bennett and Ian Freckelton QC; “Violation Liability in the Context of the Spread of COVID-19: Russian Experience” – Svetlana I Pospelova, Yulia V Pavlova, Natalia A Kamenskaya and Sergey V Pospelov; “International Access to Public Health Data: An Important Brazilian Legal Precedent” – Ian Freckelton QC and Vera Lúcia Raposo; “Access to Health and Medical Research: Lessons from the COVID-19 Pandemic” – Faith O Aboyeji; “Have Indian Surrogates Been Harmed by Commercial Surrogacy Transactions?” – Donna Cooper and Philippa Trowse; “Regulation of the Abortion Drug RU 486: The Collision of Politics, Ethics and Morals in Australia” – Nicola Bodor; “Vox populi, vox Dei? Previewing New Zealand’s Public Decision on Assisted Dying” – Jessica Young and Andrew Geddis; “Doctors and the Voluntary Assisted Dying Act 2017 (Vic): Knowledge and General Perspectives” – Jodhi Rutherford; “Legal Liability Arising from the Use of “Agent Orange” in the Kimberley: Registration of 2,4,5-T and 2,4-D in Australia” – Amne Alrifai; “Support Systems for Medical Decision-Making: Considerations for Japan” – Yoshihiko Iijima; “Corrective Justice and the Law Relating to Damages for Negligently Inflicted Psychiatric Injury: A Principled Explanation for the “Close and Loving Relationship” Consideration” – Martin Allcock; “Recency of Practice and the Maintenance of Professional Competence for Nurses and Midwives: A Scoping Review Protocol” – Casey Marnie, Micah DJ Peters, Deborah Forsythe, Kate Kennedy, Greg Sharplin, Marion Eckert, Mary Chiarella and Rachael Vernon; “Infanticide and Infanticide Statutes in Australia and New Zealand” – Russ Scott; and “Public Health versus Alcohol Industry Compliance Laws: A Case of Industry Capture?” – Tony Brown.

Also in this Part are the following sections: Editorial: “Perils of Precipitate Publication: Fraudulent and Substandard COVID-19 Research” – Ian Freckelton QC; Legal Issues: “COVID-19: Criminal Law, Public Assemblies and Human Rights Litigation” – Ian Freckelton QC; Medical Issues: “COVID-19 and Forensic Medical Practice” – David Ranson; Nursing and Midwifery Issues: “How COVID-19 Highlights an Ongoing Pandemic of Neglect and Oppression When It Comes to Women’s Reproductive Rights” – Hannah G Dahlen, Bashi Kumar-Hazard and Mary Chiarella; Genomic Law Issues: “Australian Perspectives on the Ethical and Regulatory Considerations for Responsible Data Sharing in Response to the COVID-19 Pandemic” – Dianne Nicol, Don Chalmers, Christine Critchley, Lisa Eckstein, Jane Nielsen and Margaret Otlowski; Health Law Reporter: “Suicide-related Materials and Voluntary Assisted Dying” – Cameron Stewart, Ian Kerridge, Camille La Brooy and Paul Komesaroff; Family and Children’s Health Law Issues: “COVID-19 and Family Law Decision-Making” – Ian Freckelton QC; Obituary: Colin Tatz (1934–2019); Richard Tracey (1948–2019); and Book Review: “The Sealed Box of Suicide: The Contexts of Self-Death”.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged 8 June 2020), Access to Health and Medical Research: Lessons from the COVID-19 Pandemic, access to medical abortions, accessibility of contemporary data about COVID-19 infections in Brazil, alcohol control laws, alcohol regulation, Amne Alrifai, Andrew Geddis, anxiety, applications for demonstrations and public assemblies, Aristotelian corrective justice, articles, Australian Perspectives on the Ethical and Regulatory Considerations for Responsible Data Sharing in Response to the COVID-19 Pandemic, bail entitlements, Bashi Kumar-Hazard, Belinda Bennett, biomedical ethical principles, birth at home, book review, Brazilian Ministry of Health, c 36), Cameron Graydon, Cameron Stewart, Camille La Brooy, Casey Marnie, children's schooling, Christine Critchley, clinical issues involving ethical dilemmas, cloud-based health care analytics platform, Colin Tatz (1934–2019), collaborative work, commercial surrogacy, compassion fatigue, compassion interventions and training, Compassion Law and COVID-19, compensating former sprayers and their families, conduct of hearings, Corrective Justice and the Law Relating to Damages for Negligently Inflicted Psychiatric Injury: A Principled Explanation for the "Close and Loving Relationship" Consideration, COVID-19 and Family Law Decision-Making, COVID-19 and Forensic Medical Practice, COVID-19 List, COVID-19 pandemic, COVID-19: Criminal Law Public Assemblies and Human Rights Litigation, current state of abortion laws in Australia, Danuta Mendelson, David Ranson, De Moraes J of Brazil’s High Court, Deborah Forsythe, decisions made during the lockdown period, Dianne Nicol, direct and indirect health impacts, disciplinary schemes, dissemination of false information, Doctors and the Voluntary Assisted Dying Act 2017 (Vic): Knowledge and General Perspectives, doctors as the only legal providers of VAD in Victoria, Don Chalmers, Donna Cooper, Editorial, elderly, End of Life Choice Act 2019 (NZ), exercise of copyright control, failure to follow the procedures introduced during the high-alert regime, Faith O Aboyeji, Family and Children's Health Law Issues, fear of infection, front-line health care personnel, functioning of contact centres, genomic law issues, Global Alliance for Genomic Health, Greg Sharplin, grief, Hannah G Dahlen, Have Indian Surrogates Been Harmed by Commercial Surrogacy Transactions?, health and medical research, health law reporter, history of RU 486, homeless, hospital authorities' possible liability in negligence, How COVID-19 Highlights an Ongoing Pandemic of Neglect and Oppression When It Comes to Women's Reproductive Rights, Ian Freckelton QC, Ian Kerridge, inadequate peer-reviewing, industry compliance and enforcement, Infanticide Act 1922, Infanticide Act 1938 (1 & 2 Geo 6, Infanticide and Infanticide Statutes in Australia and New Zealand, International Access to Public Health Data: An Important Brazilian Legal Precedent, international collaboration and data sharing, Jane Nielsen, Jessica Young, JLM, Jodhi Rutherford, journal publications, judge alone trials, judicial and investigative practice, Kate Kennedy, lawfulness of mass gatherings during lockdown, Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2), Legal issues, Legal Liability Arising from the Use of "Agent Orange" in the Kimberley: Registration of 2 4 5-T and 2 4-D in Australia, legal regime of restrictive measures introduced in Russia due to COVID-19, limiting surrogacy to altruistic arrangements, Lisa Eckstein, loss of employment and livelihood, Margaret Otlowski, Marion Eckert, Martin Allcock, Mary Chiarella, maternal child murder (infanticide and filicide), medical issues, Micah DJ Peters, Michael Keane, Mill's harm principle, Mirko Bagaric, Natalia A Kamenskaya, negligence in allowing the use of chemicals, Nicola Bodor, Nigel Stobbs, Nursing and Midwifery Board of Australia's Registration Standard: Recency of Practice, Nursing and Midwifery Issues, Obituary, obtaining of expert reports, open access publishing, overstretched institutions, Paul Komesaroff, Perils of Precipitate Publication: Fraudulent and Substandard COVID-19 Research, personal protective equipment (PPE) for doctors and nurses performing aerosol-generating procedures, Philippa Trowse, post-traumatic stress disorder, postpartum depression, potential to exploit and cause harm to surrogate women, precipitate publication, Preferred Reporting Items for Systematic Reviews and Meta-Analyses extension for Scoping Reviews, President Bolsonaro, privately practising midwives (PPMs), pro-life politics under the Howard Government, protection of children with health vulnerabilities, protection of patients' rights and freedoms in medical care, provision of abortion services and maternity care, Public Health versus Alcohol Industry Compliance Laws: A Case of Industry Capture?, Rachael Vernon, rapid and immediate knowledge sharing among researchers globally, reactive depression, rebalancing of existing ethical and regulatory standards, Recency of Practice and the Maintenance of Professional Competence for Nurses and Midwives: A Scoping Review Protocol, Regulation of the Abortion Drug RU 486: The Collision of Politics Ethics and Morals in Australia, requirements and restrictions to organisations and individuals, requirements for continuing competence and the professional, research integrity, Richard Tracey (1948–2019), Russ Scott, safe practice of nurses and midwives, sentences, Sergey V Pospelov, Special Issue, Suicide-related Materials and Voluntary Assisted Dying, Support Systems for Medical Decision-Making: Considerations for Japan, Sustainability Network v The President of the Republic of Brazil (ADPF 690 MC/DF, Svetlana I Pospelova, telecommunications between health practitioners and their patients, The Lancet and the New England Journal of Medicine, The Sealed Box of Suicide: The Contexts of Self-Death, third-party support to accommodate patients' wishes, Tony Brown, VAD Act, Vera Lúcia Raposo, Violation Liability in the Context of the Spread of COVID-19: Russian Experience, violation of therapeutic and epidemiological rules, Violent Venues Scheme (VVS), vox Dei? Previewing New Zealand's Public Decision on Assisted Dying, Vox populi, vulnerable groups, weed-spraying programs, Yoshihiko Iijima, Yulia V Pavlova | Leave a response

Special issue on COVID-19 published in the Journal of Law and Medicine

By Journal Alerts on August 14, 2020

Thomson Reuters is pleased to publish a special issue of the Journal of Law and Medicine on issues relating to COVID-19. It incorporates international perspectives, including from Brazil, Canada, Russia and New Zealand, as well as from Australia. The Journal carries an important multi-disciplinary review (by Mendelson et al) of issues arising from the use ...more

Posted in Journal of Law and Medicine (JLM), Uncategorized, Update Summaries | Tagged Australia, Brazil, Canada, community anxiety, compassion, containing community transmission, COVID-19, effects of the virus upon Australia's criminal law, forensic medical practice, health practitioners, international perspectives, JLM, lawfulness of public assemblies, New England Journal of Medicine, New Zealand, open access to research, pandemic, personal protective equipment, public health law decision by the Brazil High Court, reproductive issues and COVID-19, Russia, Russian legal response to the pandemic, Special Issue, The Lancet, wellbeing of children | Leave a response

Journal of Law and Medicine update: Vol 27 Pt 3

By Journal Alerts on April 24, 2020

This issue of the Journal of Law and Medicine includes the following articles: “COVID-19, Negligence and Occupational Health and Safety: Ethical and Legal Issues for Hospitals and Health Centres” – Ian Freckelton QC; “The Lake Alice Hospital Child and Adolescent Unit: Accountability – The Response to Date” – Rosemary L Thomson; “Vaginal Dialogues: The Trials and Tribulations of Mesh in the Repair of Prolapse” – Mike O’Connor and Bill Madden; “Consideration of a Legislative Framework to Support the Diagnostic Odyssey Commonly Encountered in the Instance of Rare Disease” – Marisa Taliangis and Gareth Baynam; “Children of the Dead: Posthumous Conception, Critical Interests and Consent” – Neil Maddox; “Medical Practitioners Who Deny Young Women Sterilisation Surgery “Because They Will Regret It Later”: Patient-centred Practice or Discrimination?” – Joshua Taylor; “Breaches of New Zealand’s Health and Disability Services Consumers’ Rights: Human Rights Review Tribunal Decisions” – Kate Diesfeld, Lois Surgenor and Marta Rychert; “Dancing away from Reform: The Inquest into the Death of Six Patrons of NSW Music Festivals” – Sebastian De Brennan; “Involuntary Sterilisation, Eugenics, and Physician-assisted Dying: Lessons for New Zealand” – Gail Bingham; “Embryonic Regulation and Research: What Is the Status of Human Germline Genome Editing in Australia?” – Rose Burbery; and “Australia after Cresswell and Chapman: A Legal and Regulatory Paradox, or an Opportunity for Uniformity?” – Christopher D Mills.

Also in this Part are the following sections: Editorial: “Law, Global Health, and Sustainable Development: The Lancet Commission on the Legal Determinants of Health” – Belinda Bennett; Legal Issues: “Changing to Deemed Consent for Deceased Organ Donation in the United Kingdom: Should Australia and New Zealand Follow?” – Joanna Manning; Medical Issues: “Surgical Experimentation by John Marion Sims in the Pre-Anaesthetic Era” – Mike O’Connor; Bioethical Issues: “The Voluntary Assisted Dying Law in Victoria – A Good First Step but Many Problems Remain” – Hugh Platt; Complementary Health Issues: “Prohibition Orders and the Regulation of Unregistered Health Practitioners” – Ian Freckelton QC; Technology and Health Law: “Health Care, Technology and Innovation: What’s Law Got to Do with It?” – Bernadette Richards; Mental Health Law Issues: “Preventing Harm to Others as a Criterion for Compulsory Treatment: An Overview of Criticisms and Current Research” – Bernadette McSherry; Health Law Reporter: “Unconventional Practice, “Innovative” Interventions and the National Law” – Cameron Stewart, Ian Kerridge, Catherine Waldby, Wendy Lipworth, Megan Munsie, Tamra Lysaght, Christopher Rudge, Narcyz Ghinea, Lisa Eckstein, Jane Neilsen, Jenny Kaldor and Dianne Nicol; Obituary: Kerry Anne Petersen: 22 December 1945–6 March 2020; Maurice Wallin (1944–2020); and Book Review: “Mental Capacity Law in New Zealand”.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged "Innovative" Interventions and the National Law, abuse of adolescents, African American slave women, age discrimination, Amartya Sen, anaesthesia, articles, Artificial Reproductive Technology, assisted reproductive technology (ART), Australia after Cresswell and Chapman: A Legal and Regulatory Paradox or an Opportunity for Uniformity?, aversion therapy, Barbara O'Neill, Beauchamp and Childress principles of justice, Belinda Bennett, Bernadette McSherry, Bernadette Richards, Bill Madden, Bioethical issues, book review, Breaches of New Zealand's Health and Disability Services Consumers' Rights: Human Rights Review Tribunal Decisions, Cameron Stewart, capability approach to health justice, Catherine Waldby, Changing to Deemed Consent for Deceased Organ Donation in the United Kingdom: Should Australia and New Zealand Follow?, Children of the Dead: Posthumous Conception Critical Interests and Consent, Christopher D Mills, Christopher Rudge, Code of Health and Disability Services Consumers' Rights, Complementary Health Issues, compulsory detention and treatment, consent, Consideration of a Legislative Framework to Support the Diagnostic Odyssey Commonly Encountered in the Instance of Rare Disease, COVID-19, CRISPR/Cas9 technology, Dancing away from Reform: The Inquest into the Death of Six Patrons of NSW Music Festivals, defective medical devices, deregistered health practitioners, Dianne Nicol, discrimination on the basis of parental status, Dr Selwyn Leeks, drug detection strategy, Editorial, electroconvulsive therapy treatment, Embryonic Regulation and Research: What Is the Status of Human Germline Genome Editing in Australia?, evidence-based health care, Gail Bingham, Gareth Baynam, gender discrimination, Health Care Technology and Innovation: What's Law Got to Do with It?, health law reporter, Health Practitioner Regulation National Law Act 2009 (Qld), health workers, heritable alterations, Hugh Platt, Ian Freckelton QC, Ian Kerridge, Involuntary Sterilisation Eugenics and Physician-assisted Dying: Lessons for New Zealand, involuntary surgical sterilisation (ISS), Jane Neilsen, Jenny Kaldor, JLM, Joanna Manning, Joshua Taylor, Julian Savulescu, Kate Diesfeld, Kerry Anne Petersen: 22 December 1945–6 March 2020, Law Global Health and Sustainable Development: The Lancet Commission on the Legal Determinants of Health, Legal issues, Lisa Eckstein, Lois Surgenor, Magistrate Harriet Grahame, Marisa Taliangis, Marta Rychert, Martha Nussbaum, Maurice Wallin (1944–2020), medical issues, Medical Practitioners Who Deny Young Women Sterilisation Surgery "Because They Will Regret It Later": Patient-centred Practice or Discrimination?, Megan Munsie, Mental Capacity Law in New Zealand, Mental Health Law Issues, mental health legislation, Mike O'Connor, music festival tragedies, Narcyz Ghinea, negative licensing scheme, Negligence and Occupational Health and Safety: Ethical and Legal Issues for Hospitals and Health Centres, Neil Maddox, New South Wales Health Care Complaints Commission (HCCC), Obituary, occupational health and safety legislation, PAD, paraldehyde injections, posthumous sperm retrieval, presentism, Preventing Harm to Others as a Criterion for Compulsory Treatment: An Overview of Criticisms and Current Research, Prohibition Orders and the Regulation of Unregistered Health Practitioners, racism, Rose Burbery, Rosemary L Thomson, Sebastian De Brennan, social and political attitudes toward ISS and PAD, soft opt-out system, Surgical Experimentation by John Marion Sims in the Pre-Anaesthetic Era, Tamra Lysaght, Technology and Health Law, The Lake Alice Hospital Child and Adolescent Unit: Accountability – The Response to Date, Unconventional Practice, Undiagnosed Diseases Program (UDP), Vaginal Dialogues: The Trials and Tribulations of Mesh in the Repair of Prolapse, violence and severe mental health conditions, Voluntary Assisted Dying Act 2017 (Vic), Voluntary Assisted Dying Law in Victoria, Wendy Lipworth | Leave a response

Journal of Law and Medicine update: Vol 27 Pt 2

By Journal Alerts on February 20, 2020

This issue of the Journal of Law and Medicine includes the following articles: “Concussion, Chronic Traumatic Encephalopathy and Sport in a Legal Setting” – David Thorpe; “Truth-telling or Not: A Dilemma for Health Care Providers Regarding Disclosure of Cancer in China” – Ting Yao, Ted Metzler and Betty Gorrell; “Abortion Decriminalisation in New South Wales: An Analysis of the Abortion Law Reform Act 2019 (NSW)” – Anna Walsh and Tiana Legge; “Terms of Engagement: Transfer of Biological Materials for Research in Australia” – Tess Whitton, Jane Nielsen and Dianne Nicol; “The Donor-Linking Practices of Australian Fertility Clinics” – Fiona Kelly, Deborah Dempsey and Charlotte Frew; “Parentage, Surrogacy and the Perplexing State of Australian Law: A Missed Opportunity” – Ronli Sifris and Adiva Sifris; “Sugar-Sweetened Beverages, Type 2 Diabetes and Factual Causation in Negligence” – Zac Smithers and Jay Sanderson; “Community Knowledge of Law on End-of-life Decision-making: An Australian Telephone Survey” – Cheryl Tilse, Jill Wilson, Ben White, Lindy Willmott, Deborah Lawson, Jeffrey Dunn, Joanne F. Aitken, Angela Pearce and Michele Ferguson; “Australian Policies on “Futile” or “Non-beneficial” Treatment at the End of Life: A Qualitative Content Analysis” – Eliana Close, Malcolm Parker, Lindy Willmott, Ben White and Andrew Crowden; “Justice Is Blind but Expert Witnesses in Medical Imaging Are All Seeing: The Potential For “Blind Reads” to Mitigate Bias in Expert Evidence” – Nicole Woodrow; “Medical Experts and Evaluations of the Standard of Care in Medical Litigation – Strengths, Weaknesses and Potential Improvements – Anne-Maree Kelly; and “The National Redress Scheme for Institutional Child Sexual Abuse – The Western Australian Response” – Robert Guthrie and Amy Dickerson.

Also in this Part are the following sections: Editorial: “Tourette’s disorder and the Criminal Law” – Ian Freckelton QC; Legal Issues: “Medical Panels in Victoria, Australia and Alberta, Canada: Answering Medical Questions – Determining Matters of Fact and Law?” – Carol Newlands; Medical Issues: “Neglect in Aged Care – A Role for the Justice System?” – Joseph Ibrahim and David Ranson; Public Health Law Issues: “Warning Labels about Alcohol Consumption and Pregnancy: Moving from Industry Self-regulation to Law” – Paula O’Brien; Genomic Law Issues: “Gene Editing Clinical Trials Could Slip through Australian Regulatory Cracks” – Lisa Eckstein and Dianne Nicol; Health Law Reporter: “Methamphetamine-induced Psychosis and Mental Impairment: A Challenge from New Zealand” – Ian Freckelton QC; Obituary: Louis Waller (1935–2019); and Book Review: “Impostress: The Dishonest Adventures of Sara Wilson”.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged A Dilemma for Health Care Providers Regarding Disclosure of Cancer in China, Abortion Decriminalisation in New South Wales, Abortion Law Reform Act 2019 (NSW), Adiva Sifris, Aged Care Quality and Safety’s Interim Report, Amy Dickerson, Andrew Crowden, Angela Pearce, Anna Walsh, Anne-Maree Kelly, applied science and commercialisation, articles, Australian Policies on “Futile” or “Non-beneficial” Treatment at the End of Life, Ben White, Bernieres v Dhopal (2017) 324 FLR 21; [2017] FamCAFC 180, Betty Gorrell, book review, Carol Newlands, Charlotte Frew, Cheryl Tilse, Concussion Chronic Traumatic Encephalopathy (CTE) and Sport, consequences of custodial confinement, criminal law, Danuta Mendelson, David Thorpe, Deborah Dempsey, Deborah Lawson, Dianne Nicol, Donor-Linking Practices of Australian Fertility Clinics, DrinkWise Labelling Scheme, Editorial, Eliana Close, End-of-life Decision-making, Fiona Kelly, Foetal Alcohol Spectrum Disorder (FASD), Gene Editing Clinical Trials, gene-editing technology, genomic law issues, health law reporter, Ian Freckelton QC, Impostress: The Dishonest Adventures of Sara Wilson, injured workers under compensation legislation in Victoria Australia and Alberta Canada, issues of parentage in compensated surrogacy cases, Jagose J, Jane Nielsen, Jay Sanderson, Jeffrey Dunn, Jill Wilson, JLM, Joanne F. Aitken, Legal issues, likelihood of recidivism, Lindy Willmott, Lisa Eckstein, Louis Waller, Malcolm Parker, material transfer agreements (MTAs), medical issues, medical panels, Methamphetamine-induced Psychosis and Mental Impairment, Michele Ferguson, National Redress for Institutional Child Sexual Abuse Act 2018(the NRS Act), neglect in aged care, new genome editing techniques, Obituary, Paula O’Brien, public health law issues, R v Brackenridge [2019] NZHC 1004, relevance of the disorder for assessments of criminal culpability, Robert Guthrie, Ronli Sifris, Standard of Care in Medical Litigation, sugar-sweetened beverages (SSBs), Ted Metzler, Tess Whitton, The National Redress Scheme for Institutional Child Sexual Abuse, Tiana Legge, Ting Yao, Tourette’s disorder, Transfer of Biological Materials for Research, Type 2 Diabetes and Factual Causation in Negligence, unified policy approach to futile or non-beneficial treatment in Australia, Warning Labels about Alcohol Consumption and Pregnancy, Zac Smithers | Leave a response

Journal of Law and Medicine update: Vol 27 Pt 1

By Journal Alerts on October 22, 2019

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.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged Abhishek Mishra, Al Muderis v Duncan (No 3) [2017] NSWSC 726, Bernadette McSherry, Bill Madden, Bioethical issues, book review, Carolyn Johnston, commercial surrogacy overseas, Complementary Health Issues, complementary/alternative medicine (CAM), Danny Sullivan, decisions by ringside doctors, disclosure of genetic information without consent, doctors taking defamation action, Editorial, gonadotrophin-releasing hormone (GnRH), Hannah Maslen, Ian Freckelton QC, issues for health care professionals in Australia, James Cameron, JLM, Jo Burke, Jon Adams, Jonathan Wardle, Julian Grant, Julian Savulescu, Kieran Tapsell, Lana Zannettino, Lauren Lines, Lidia Xynas, machine learning models in clinical practice, Margaret Faux, medical issues, Medical law reporter, Medicare billing, Mike O'Connor, Multi-Agency Public Protection Panels (MAPPPs), O’Neill v Fairfax Media Publications Pty Ltd (No 2) [2019] NSWSC 655, O’Neill v Fairfax Media Publications Pty Ltd (No 2) [2019] NSWSC 655 (O’Neill), obesity and taxation, Obituary, prescription of homeopathic treatments, R v National Health Service Commissioning Board [2018] EWHC 1359 (Admin), Rajan Darjee, Rebekah McWhirter, Richard Shepherd, Sheryl L de Lacey, Tavakoli v Imisides (No 4) [2019] NSWSC 7, terminal sedation, Thomas (Tom) Douglas Campbell, Tina Popa, treatment for gender dysphoria in children, Unnatural Causes, withhold life-sustaining medical treatment from children, withholding life-sustaining treatment | Leave a response

Journal of Law and Medicine update: Vol 26 Pt 4

By Journal Alerts on August 9, 2019

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.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged "Bolam Principle", "decisional competence", "relators" under the qui tam scheme, “dove” or “hawk” variability, 2015 “fit for purpose” (FFP) reforms to NSW alcohol supply laws, Abhay Vir Singh Kanwar, advance care planning (ACP), Alessandro Stasi, Alison Ziller, Allan Ardill, Allison Drosdowsky, Anant Divyang Butala, Anna Braun, asylum seeker and refugee policy and legislative reform, Australian Border Force Act 2015 (Cth), Bernadette McSherry, book review, Brent Hyslop, Carole James, Christine Forster, client vulnerability in disciplining NSW legal professionals, clinical negligence claims in medico-legal cases, commercial determinants of public health, correctly identifying deaths in the postoperative period, CRISPR genome editing technology, David Isaacs, David Ranson, Defeating the Ministers of Death; The Compelling History of Vaccination, Denesh Hewa-Gamage, disciplinary cases from the New Zealand Teachers Disciplinary Tribunal (NZTDT), Editorial, electroconvulsive therapy (ECT) without consent, Elpitha (Peta) Lee Spyrou, ethical health care paradigm, growth attenuation treatment for profoundly disabled children, human gene therapy, Ian Freckelton QC, inclusion of PROMs within coronial investigations, Isabel Pereira Rodrigues, Jennifer Schulz-Moore, JLM, Joseph Elias Ibrahim, Juliet Davis, Kate Diesfeld, Legal issues, Living Matters program, Lucy Stephenson, Lyndal Bugeja, Lynette Mackenzie, mandatory welfare drug treatment in Australia, Marta Rychert, medical issues, Medical Law Report, medicinal cannabis use as part of cancer management, medicolegal death investigations, Mental Capacity Act Singapore cap 177A 2010 rev ed), Mia Mahmudur Rahim, Michael Millington, nontherapeutic applications of genome editing, Obituary, occupational therapy domestic needs assessment, offshore detention of asylum seekers, patient-reported outcome measures (PROMs), Pierre Campbell, recognising an individual's right to be healthy, retained surgical item (RSI), rewarding the whistleblower in research misconduct cases, Sarah Blaschke, Sarah Miller, SIA as a public health safeguard, social impact assessment (SIA) of alcohol outlets, social responsibilities of global pharmaceutical companies, Solicitor-General v Dougherty [2012] NZCA 405, Sonya Osborne, Steve Ellen, Susan Arnold, teachers' wellbeing and professional misconduct, Terence Stephenson, Thom Petty, Thomas Alured Faunce, Thomas Faunce, Tina Cockburn, Tony Brown, Tracey Evans Chan, Trista Koproski, US False Claims Act | Leave a response

Journal of Law and Medicine update: Vol 26 Pt 3

By Journal Alerts on April 10, 2019

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.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged access to administrative data for research without consent, advanced care directive (ACD), Airedale NHS Trust v Bland [1993], An NHS Trust v Y [2018] 3 WLR 751; [2018] UKSC 46, Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16, Australian education in law and medicine, Bioethical issues, Carlo Venditti, Carolyn Adams, Chris Robertson, Christopher D Mills, clinically assisted nutrition and hydration (CANH), decision-making challenges for coroners, Denard Veshi, development of collaborative expert witness evidence, directive refusing life-sustaining treatments after suicide attempt, Editorial, effective response to HIV and HCV epidemics, embryo donation, Enkelejda Koka, Felicity Flack, Felix Blumer, Human Assisted Reproductive Technology Act 2004 (NZ) (HART Act), human research ethics committee (HREC), Ian Freckelton QC, intolerable unrelieved pain in labour, Jane Truscott, JLM, Joanna Manning, Judy Allen, Julian Savulescu, Kendirjian v Lepore [2017] HCA 13, Legal issues, legislative reform of Compulsory Third Party (CTP) insurance schemes, letter to the editor, Louise Wilsdon, Marcus Smith, medical issues, Medical law reporter, Mental Capacity Act 2005 (England and Wales), Mike O'Connor, Motor Accidents Injuries Bill 2018 (ACT), new law of advance directives in Italy, offences in the Mental Health Act 2015 (ACT), Rachael Heath Jeffery, Sam Pang, Scott Davison, Steve John Philpot, sugar-sweetened beverages (SSBs), Talia Gedik, The Hon Michael Kirby AC CMG, therapeutic privilege, Thomas Faunce, untreated labour pain deemed medical negligence | Leave a response

Journal of Law and Medicine update: Vol 26 Pt 2

By Journal Alerts on December 26, 2018

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.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged "corporate marriage", 1628 Vasa inquest in Sweden, 2018 export ban of recyclables to China, analysis of death investigations, Andrea Bucci, Angela Gock, Bernadette McSherry, book review, Carolyn Adams, Carolyn Johnston, Catherine Anne Sharp, Chloe Hooper, Christopher Gyngell, coercive practices in mental health settings, coroner's court cases involving pressure ulcers (PUs) in elders, CRISPR-cas9 genome editing system (CRISPR), Daniel Thomas, David Ranson, Davide Golinelli, Debra Gook, domestic and family violence, Editorial, Edward Dale, effects of methamphetamine, embryonic gene editing in Australia, ethics of care approach to surrogacy, Fabrizio Toscano, fake health practitioners, Felicity Flack, Felicity Wilson, fertility preservation for children with cancer facing gonadotoxic therapies, Gherardo Carullo, Gosport Independent Panel, government data custodians, Grace Bramwell, Heather Douglas, Ian Freckelton QC, informed consent to medical treatment, investigations at Gosport War Memorial Hospital, Jacqueline Horan, James Cameron, Jennifer Sarah Sarah Schulz Moore, JLM, Judy Allen, Katherine Kerr, legal framework for managing public waste, Legal issues, Lucina Ou-Yang, mandatory corporate responsibility obligations, mandatory reporting of child abuse and neglect, Mary-Louise McLaws, medical issues, Medical law reporter, mercury pollution from coal-fired power plants, Michelle Taylor-Sands, Minamata Convention on Mercury, Natalie A MacCormick, National Health Services (NHS) of third parties, Piers Gooding, prevention of elder abuse, Prohibition of Human Cloning for Reproduction Act 2002 (Cth), pseudologia fantastica, releasing data for research, reproductive coercion, Research Involving Human Embryos Act 2002 (Cth), Robert Guthrie, Sally Wheeler, self-inflicted injury and workers' compensation, single-use non-biodegradable plastics, Sonia Allan, The Arsonist: A Mind on Fire, Thomas Faunce, transfer of health data, Victoria Lambropoulos, voluntary assisted dying, Voluntary Assisted Dying Act 2017 (Vic), Yasmin Javasinghe | Leave a response

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