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 AO 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
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, 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.
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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For the individual contents pages for each Part, click here.
This Part of the Journal of Law and Medicine includes the following articles: “COVID-19 Tests the Limits of Biodiversity Laws in a Health Crisis: Rethinking ‘Country of Origin’ for Virus Access and Benefit-sharing” – Fran Humphries, Michelle Rourke, Todd Berry, Elizabeth Englezos and Charles Lawson; “The Impact of COVID-19 on Fertility Treatment in Australia” – Ronli Sifris and Karinne Ludlow; “Chasing Immunity: How Viable Is a Mandatory COVID-19 Vaccination Scheme for Australia?” – Madeline Rohini Fisher; “Adolescent Gender Dysphoria and the Informed Consent Model of Care” – Patrick Parkinson AM; “Australian Medical Device Regulation during COVID-19: Has the Australian Regulatory Framework for Medical Devices Been Effective during the COVID-19 Pandemic?” – Jeffrey J Brownscombe; “Concussion, Chronic Traumatic Encephalopathy, and the Legal Obligation of Sporting Organisations to be Informed of the Scientific Knowledge of the Day and to Warn of Material Risks” – David Thorpe; “Use of Personal Health Information under Consent – Exempt Circumstances for Research: Views of the Australian General Public” – David J Carter; “The Role of Medical Evidence in Determining the Outcome of Medical Negligence Cases When Peer Professional Opinion Is Used” – Hugh Platt; “Role of Law in End-of-Life Decision-Making: Perspectives of Patients, Substitute Decision-Makers and Families” – Lindy Willmott, Ben White, Rachel Feeney, Cheryl Tilse, Jill Wilson and Joanne Aitken; “New Challenges to the Legal Definition and Medical Determination of Brain Death: A Multi-jurisdictional Approach – Cases from the United States, the United Kingdom, Canada and Australia” – James Tibballs and Neera Bhatia; “Murder (Infanticide) in Post-partum Depression: The Case of Akon Guode” – Joseph Briggs and Russ Scott; and “Causes of the Obesity Epidemic and Economic Rationales to Support Taxation as a Population-based Policy Response” – Lidia Xynas.
Also in this Part are the following sections: Editorial: “COVID-19 as a Disruptor and a Catalyst for Change” – Ian Freckelton AO QC; Legal Issues: “COVID-19 Denialism, Vaccine Scepticism and the Regulation of Health Practitioners” – Ian Freckelton AO QC; Medical Issues: “Killing of Elderly Patients by Health Care Professionals: Insights From Coroners’ Inquests and Inquiries in Three Cases” – Jordyn Nelson, Joseph Ibrahim, Lyndal Bugeja and David Ranson; Bioethical Issues: “Bell v Tavistock: Why the Assent Model Is Most Appropriate for Decisions Regarding Puberty Suppression for Transgender and Gender Diverse Youth” – Lauren Notini; Technology Health Law Issues: “Regulation of AI in Health Care: A Cautionary Tale Considering Horses and Zebras” – Bernadette Richards, Susannah Sage Jacobson and Yves Saint James Aquino; Mental Health Law Issues: “Advance Planning in Mental Health Care: The Trouble with Terminology” – Vrinda Edan, Bridget Hamilton and Lisa Brophy; Health Law Reporter: “Posthumous Reproduction and the Law: Tissue Transplantation, Property Rights and the Reproductive Relational Autonomy” – Cameron Stewart, Kelton Tremellen and Julian Savulescu; and Book Review: “The Lost Lovelies Foundation”, by Beth Wilson.
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.
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”.
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
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”.
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.