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

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

Health Law Reporter – Professor Cameron Stewart, BEc LLB (Hons) (Macquarie) GradDipJur (USyd) GradDipLegalPrac (College of Law) PhD (Sydney), FACLM, (Hon), Professor of Health, Law and Ethics Sydney Law School, The University of Sydney

Public Health Law Issues – Paula O’Brien, BA/LLB (Hons) (Melb), LLM (Cantab), Senior Lecturer and Director of the Health Law and Ethics Network, Melbourne Law School

Genomic Law Issues – Professor Dianne Nicol, LLM, LLB (Hons), PhD, MSc, BSC (Hons), FAAL, Distinguished Professor of Law, Director of the Centre for Law and Genetics, University of Tasmania

Nursing and Midwifery Issues – Professor Mary Chiarella AM, RN, RM, LLB (Hons) PhD (UNSW), FACN, FRSM, Professor of Nursing, Susan Wakil School of Nursing and Midwifery, The University of Sydney

Mental Health Law Issues – Bernadette McSherry, BA (Hons), LLB (Hons), LLM (Melb), D Jur (York), Grad Dip Psych (Mon), FAAL, FASSA Foundation Director, Melbourne Social Equity Institute, University of Melbourne

Reproductive Health Law Issues – Bernadette Richards, BA, Dip Ed, LLB (Hons), Ph.D, Adelaide Law School, The University of Adelaide

Australasian College of Legal Medicine
The Journal of Law and Medicine is the preferred journal of the Australasian College of Legal Medicine. For more information regarding the College, visit http://www.legalmedicine.com.au.

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 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

Journal of Law and Medicine update: Vol 26 Pt 1

By Journal Alerts on October 8, 2018

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Procedural Fairness and the Coroner” – Ian Freckelton QC; Legal Issues: “The European Union General Data Protection Regulation (EU 2016/679) and the Australian My Health Record Scheme – A Comparative Study of Consent to Data Processing Provisions” – Danuta Mendelson; Medical Issues: “Geriatric Forensic Medicine – A Specialty that can no Longer Wait to be Realised” – David Ranson and Joseph Ibrahim; Bioethical Issues: “‘A Steadying Hand’: Ascribing Speech Acts to Users of Predictive Speech Assistive Technologies” – Stephen Rainey; and Medical Law Reporter: “Australia’s First Official Illicit Pill Testing at Canberra’s Groovin’ the Moo Music Festival: Legal Hurdles and Future Prospects” – Sarah Byrne, Angela Gock, Anne Cowling and Thomas Faunce. Also in this Part are the following articles: “Moritz Meyer and the Medical Board: Preventing Refugee Doctors from Practising Medicine in Victoria, Australia, 1937–1958” – Gabrielle Wolf; “Does Disciplinary Law Protect Us from False and Misleading Health Advertising?” – Jordan Sacco; “National Competition Policy and Australia’s Health Care System: A Look at the Policy Landscape with New Eyes” – Jayne E Hewitt; “Dental Health Workforce Regulation – How Amendments to the Health Practitioner Regulation National Law Act May Shape the Future of the Dental Profession” – Gillian Jean, Alexander Holden and Marc Tennant; “In Sickness and in Prison: The Case for Removing the Medicare Exclusion for Australian Prisoners” – Craig Cumming, Stuart A Kinner, David B Preen and Ann-Claire Larsen; “‘Mental Disorder’ and Sentencing: Resolving the Definitional Problem” – Jamie Walvisch; “Biologics and Public Health: Prospects and Challenges” – Olasupo Owoeye and Oluwabusayo Owoeye; “The Privacy-Related Challenges Facing Medical Research in an Era of Big Data Analytics: A Critical Analysis of Australian Legal and Regulatory Frameworks” – Moira Paterson and Normann Witzleb; “Australian Public Attitudes on Gene Editing of the Human Embryo” – Tamara Treleaven and Bernard E Tuch; “Regulating RNA Research and CRISPR Gene Drives to Combat Biosecurity Threats” – Thomas Faunce, Andrew Ray, Christie Gardiner, Thomas Preiss and Gaetan Burgio; “Providing Palliative Care at the End of Life: Should Health Professionals Fear Regulation?” – Lindy Willmott, Ben White, Donella Piper, Patsy Yates, Geoffrey Mitchell and David Currow; “The Role of the Medical Profession in Victorian Assisted Dying Law Reform” – Jodhi Rutherford; and “Sexual Assault Examination of the Unconscious Patient: A Legal, Ethical and Professional Grey-area for the Forensic Physician” – Justine E Rogers, Morris S Odell and Jason R Schreiber. There is also a review of the book “Diamonds and Stones in an Era of Gold” by Brian Collopy – reviewed by Ian Freckelton QC.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged Alexander Holden, Andrew Ray, Angela Gock, Ann-Claire Larsen, Anne Cowling, Ben White, Bernard E Tuch, Big Data analytics privacy issues in health research, Bioethical issues, biologics, biotechnology drugs, book review, Brian Collopy, Christie Gardiner, competition principles in Australia's health care sector, Craig Cumming, creation of synthetic gene drives using CRISPR/Cas9, Danuta Mendelson, data processing provisions, David B Preen, David Currow, David Ranson, dental health workforce regulation, Diamonds and Stones in an Era of Gold, disciplinary law against deceptive health advertising, Donella Piper, Editorial, European Union General Data Protection Regulation (EU 2016/679) (GDPR), first official illicit pill testing in Australia, forensic focus on gerontology and medical geriatrics, Gabrielle Wolf, Gaetan Burgio, gene editing in embryos, Geoffrey Mitchell, geriatric forensic medicine, Gillian Jean, Groovin' The Moo Music Festival, Hannah Maslen, Health Practitioner Regulation National Law Act, health-related advertisements, Ian Freckelton QC, Jamie Walvisch, Jason R Schreiber, Jayne E Hewitt, JLM, Jodhi Rutherford, Jordan Sacco, Joseph Ibrahim, Justine E Rogers, Legal issues, Lindy Willmott, Marc Tennant, medical issues, Medical law reporter, Medicare exclusion for Australian prisoners, mental disorder and sentencing, Moira Paterson, Moritz Meyer, Morris S Odell, My Health Record (MHR) system, national competition policy, neuroprosthetic speech technologies, Normann Witzleb, Olasupo Owoeye, Oluwabusayo Owoeye, palliative care at the end of life, Patsy Yates, preventing refugee doctors from practising medicine in Victoria, procedural fairness in coroners' investigations, RNA research, s 19(2) of the Health Insurance Act 1973 (Cth), Sarah Byrne, sexual assault examination of unconscious patients, Stephen Rainey, Stuart A Kinner, Tamara Treleaven, Thomas Faunce, Thomas Preiss, Voluntary Assisted Dying Act (Vic) | Leave a response

Journal of Law and Medicine update: Vol 25 Pt 4

By Journal Alerts on July 18, 2018

This issue of the Journal of Law and Medicine features an Editorial by General Editor Professor Ian Freckelton QC marking the 25th anniversary of the Journal. It includes the following articles: “When Is It in a Child’s Best Interests to Withhold or Withdraw Life-sustaining Treatment? An Evolving Australian Jurisprudence” – Lindy Willmott, Ben White and Neera Bhatia; “Biosimilars: The Challenges of Novelty, Inventive Step and Sufficiency” – Teddy Henriksen and Jay Sanderson; “The Legal Doctrine of Informed Consent and Renal Dialysis – Do Patients Really Consent?” – Marina Wainstein, Anna Rose Menzies, Frank Patrick Brennan and Mark Ashley Brown; “Building Public Confidence in Medical Registration Revalidation: Reform of Medical Registration Law in Australia, a New Risk-based Approach” – David J Carter, Deborah J Street and Stephen Bush; “Holding Out and Protected Titles – Issues for Non-registrant Complementary and Alternative Health Practitioners” – Michael Weir; “Legal and Ethical Issues Surrounding the Use of Older Children’s Electronic Personal Health Records” – Jacqueline Meredith, Shaun McCarthy and Bronwyn Hemsley; “Changing Law Students’ Ideas about Dis/ability: Can We? Should We? How Would We?” – Anna Cody; “Best Interests and Non-consensual Research” – Brent Hyslop; “How Do Coroners’ Findings in Australian Jurisdictions Apply to Health Care Practitioners within Safety-I and Safety-II Paradigms?” – Nicola Cunningham; “An Analysis of Medico-legal Claims against Dermatologists in Australia from a Single Medical Indemnity Insurer” – Paul Stevenson; “Reproductive Autonomy and Social Sex Selection: A Chance of a Choice?” – Kathryn Boyd; “Freedom of Expression, Belief and Assembly: The Banning of Protests Outside of Abortion Clinics in Australia” – Anna Walsh; “Two Problems of Unburied Bodies” – Robert Shiels; “A Whiter Shade of Grey: Comparisons of the Legal and Professional Status of Tooth Whitening in Three Jurisdictions” – Alexander C L Holden; and “Infection Control Standards in Private Dental Practice” – The Role of Accreditation – Gillian Jean, Alexander C L Holden, Marc Tennant and Estie Kruger.

Also in this Part are the following sections: Editorial: “Health Law: The Past and the Future” – Ian Freckelton QC; Legal Issues: “Computational Modelling, Social Media and Health-Related Datasets: Consent and Privacy Issues” – Bernadette McSherry; Medical Issues: “Responding Better to Desperate Parents: Warnings from the Alfie Evans Saga” – Ian Freckelton QC; Bioethical Issues: “A New Ethical Model of Commercial Surrogacy Arrangements for Australia” – Jeremy Feiglin and Julian Savulescu; Nursing Issues: “Codes of Conduct – A New Era for Nursing and Midwifery in Australia” – Kim Forrester; and Medical Law Reporter: “Australian Senate Committee Report on Transvaginal Mesh Devices” – Chloe Thompson and Thomas Faunce. There are also reviews of the following books: “True Stories from the Morgue” by J Merrick – reviewed by Ian Freckelton QC; “The Trauma Cleaner: One Woman’s Extraordinary Life in Death & Disaster” by Sarah Krasnostein – reviewed by Ian Freckelton QC; and “Tensions and Traumas in Health Law” by Ian Freckelton and Kerry Petersen – reviewed by Bill Madden.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged "holding out" provisions, "safe access" zone laws in Australia, Alexander C L Holden, Alfie Evans, altruistic surrogacy arrangements, Anna Cody, Anna Rose Menzies, Anna Walsh, Australian Health Service Safety and Quality Accreditation Scheme, Australian Senate Community Affairs References Committee, banning of protests outside of abortion clinics, Ben White, Bernadette McSherry, best interests test, Bill Madden, Bioethical issues, Book reviews, Brent Hyslop, Bronwyn Hemsley, Chloe Thompson, Code of Conduct for Midwives, Code of Conduct for Nurses, computational modelling, David J Carter, Deborah J Street, Editorial, Estie Kruger, Frank Patrick Brennan, Gillian Jean, health law, health-related datasets, Ian Freckelton QC, inflection control in private dental practices, informed consent to medical or surgical procedure, issues for non-registrant complementary and alternative health practitioners, J Merrick, Jacqueline Meredith, Jay Sanderson, Jeremy Feiglin, JLM, Julian Savulescu, justice for people with disability, Kathryn Boyd, Kerry Petersen, Kim Forrester, legal and ethical issues concerning children's electronic personal health records, Legal issues, Lindy Willmott, litigation of human remains, Marc Tennant, Marina Wainstein, Mark Ashley Brown, medical issues, Medical law reporter, medical registration revalidation, medico-legal claims against dermatologists, Michael Weir, Neera Bhatia, Nicola Cunningham, non-consensual research, Nursing issues, Part II of Patents Act 1990 (Cth), Part III of Patents Act 1990 (Cth), patents and biosimilars, Paul Stevenson, Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCA 285, preimplantation genetic diagnosis (PGD), Robert Shiels, Safety-I, Safety-II, Sarah Krasnostein, Shaun McCarthy, social sex selection, Stephen Bush, Teddy Henriksen, Tensions and Traumas in Health Law, The Trauma Cleaner: One Woman’s Extraordinary Life in Death & Disaster, Thomas Faunce, tooth whitening in the UK Australia and New Zealand, transvaginal mesh devices, True Stories from the Morgue, withdraw or withhold life-sustaining medical treatment for children | Leave a response

Journal of Law and Medicine update: Vol 25 Pt 3

By Journal Alerts on April 9, 2018

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Regulation of Substandard Medical Practice: Lessons from the Bawa-Garba Case” – Ian Freckelton QC; Legal Issues: “Q: Can a Court or Patient Demand Treatment? A: Yeah But No” – Joanna Manning; Medical Issues: “Medicinal Cannabis in Pregnancy – Panacea or Noxious Weed?” – Mike O’Connor; and Medical Law Reporter: “Analysis of Australia’s New Biosecurity Legislation” – Sam Durant and Thomas Faunce. Also in this Part are the following articles: “Beakers and Borders: Export Controls and the Life-sciences under the Defence Trade Controls Act 2012” – Timothy Vines; “Less Is More: Regulating the Weaponisation of Disease under the National Health Security Act 2007 (Cth)” – Colleen Chen; “Revisiting Breen v Williams: Breathing Life into a Doctor–Patient Fiduciary Relationship” – Diana Nestorovska; “Who Are ‘Indigenous and Local Communities’ and What Is ‘Traditional Knowledge’ for Virus Access and Benefit-sharing? A Textual Analysis of the Convention on Biological Diversity and Its Nagoya Protocol” – Michelle F Rourke; “Nga Whenu Raranga/Weaving Strands in the Alcohol and Other Drug Treatment Court of Aotearoa/New Zealand” – Katey Thom and Stella Black; “Patenting Nucleic Acid Sequences: More Ambiguity from the High Court?” – Charles Lawson; “The Regulatory Evolution of Paramedic Practice in Australia” – Dominique Moritz; “The Ethical, Legal and Regulatory Issues Associated with Pharmacogenomics: Systematically Quantifying the Literature” – Jayne E Hewitt; “Looking Gift-horses in the Mouth: Gift-giving, Incentives and Conflict of Interest in the Dental Profession” – Alexander C L Holden and Heiko Spallek; “Outcomes of Notifications against Psychologists in the New Zealand Health Regulation Context 2004–2015” – Lois J Surgenor and Kate Diesfeld; “Pure Psychiatric Injury Pursuant to the Civil Liability Legislation: An(other) Economic Perspective” – Martin Allcock; and “A Phronetic Inquiry into the Australian Euthanasia Experience: Challenging Paternalistic Medical Culture and Unrepresentative Health Policy” – Chelsea Wallis. There is also a review of the book “Wrongful Deaths: Selected Inquest Records from Nineteenth Century Korea” by Sun Koo Kim and Jungwon Kim (eds) – reviewed by Ian Freckelton QC.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged access and benefit-sharing of genetic resources, Alcohol and Other Drug Treatment (AODT) Court in New Zealand, Alexander C L Holden, Biosecurity Act 2015 (Cth), biosecurity legislation, book review, Charles Lawson, Chelsea Wallis, civil liability legislation, Colleen Chen, D’Arcy v Myriad Genetics Inc (2015) 258 CLR 334; [2015] HCA 35, Defence Trade Controls Act 2012 (Cth), demand for treatment, Diana Nestorovska, doctor-patient fiduciary relationship, Dominique Moritz, Editorial, ethical legal and regulatory issues associated with pharmacogenics, General Medical Council v Bawa-Garba [2018] WLR (D) 52; [2018] EWHC 76 (Admin), gift-giving and conflict of interest in the dental profession, Health Practitioner Regulation National Law Act 2009, Heiko Spallek, Ian Freckelton QC, indigenous and local communities, ing v Philcox (2015) 255 CLR 304; [2015] HCA 19, inquest records from nineteenth century Korea, Jayne E Hewitt, JLM, Joanna Manning, Jungwon Kim, Kate Diesfeld, Katey Thom, Legal issues, legalisation of euthanasia in Australia, Lois J Surgenor, Martin Allcock, medical cannabis in pregnancy, medical issues, Medical law reporter, Michelle F Rourke, Mike O'Connor, Nagoya Protocol, National Health Security Act 2007 (Cth), national security policy and public health policy, ngā whenu raranga/weaving strands, omic knowledge, outcomes and characteristics of psychologists subject to formal notifications, paramedic practice in Australia, patenting DNA sequences, phronetic legal inquiry, pure psychiatric injury, regulation of substandard medical practice, restriction of legal cannabis use, Sam Durant, Sch 8 of the Poisons Act 1971 (Tas), securitization of infectious diseases, Stella Black, Sun Koo Jim, Thomas Faunce, Timothy Vines, traditional knowledge for virus access and benefit-sharing, Wicks v State Rail Authority (NSW) (2010) 241 CLR 60; [2010] HCA 22, wrongful deaths | Leave a response

Journal of Law and Medicine update: Vol 25 Pt 2

By Journal Alerts on February 21, 2018

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Vaccination Litigation: The Need for Rethinking Compensation for Victims of Vaccination Injury” – Ian Freckelton QC; Legal Issues: “International Human Rights and Mental Health: Challenges For Law and Practice” – Bernadette McSherry and Yvette Maker; Medical Issues: “Policy Development and Regulation of Aged Care” – Joseph Ibrahim and David Ranson; and Medical Law Reporter: “Senate Inquiry into Price Regulation on the Prostheses List” – Emma Holden and Thomas Faunce. Also in this Part are the following articles: “Hartnett, Epstein, Van der Hope: Regulating Unconventional Doctors” – Gabrielle Wolf; “Survey of Quasi-Judicial Decision-Makers in NSW and The National Registration Scheme for Health Practitioners” – Mary Chiarella, Claudette S Satchell, Marie Nagy, Terry Carney, Merrilyn Walton, Belinda Bennett, Patrick J Kelly; “The Use of Students as Surrogates: The Ethical, Legal and Professional Issues of Student-Student Practical Learning in Dental Education” – Alexander Holden; “The Agony and the Ecstasy: Sacrifice and Pain for Financial Gain: Have Indian Surrogate Mothers Been Exploited by Their Intended Parents in Commercial Surrogacy Arrangements?” – Pip Trowse and Donna Cooper; “The Patient’s Voice: Australian Health Care Quality and Safety Regulation from the Perspective of the Public” – David J Carter, James Brown and Carla Saunders; “Never Mind the Science, Here’s the Convention on Biological Diversity: Viral Sovereignty in the Smallpox Destruction Debate” – Michelle F Rourke; “Women’s Rights in the Health Care System: Caesarean Delivery on Maternal Request” – Ann-Claire Larsen; “Sharing the Air: The Need for Strata Law Reform to Reduce Second-hand Smoke Exposure in Multiunit Housing in Australia” – Jacqui Bell, Bonnie Dale, Caitlin Kameron and Michelle Havill; “Eroding Public Health through Liquor Licensing Decisions” – Alison Ziller; “The Implementation of Coronial Recommendations in Tasmania: Two Case Studies on Child Deaths” – Rose Mackie; “Birth: Why Do Not We Just Tell the Truth?” – Amber Moore; “Breaking Bad News about Cancer to Adolescents and Young Adults: The French Experience” – Eric Fourneret; “The South Australian Advance Care Directives Act 2013: How Has the Decision-Making Paradigm Changed?” – Margaret Brown; “Mind the Information Gap: Quantifying the Courts’ Role in Responding to Patient Harm, 1989 to 2013” – Wendy Bonython and Bruce Baer Arnold; and “Medical Evidence of Capacity in a Legal Setting: To What Extent Do Courts and Tribunals Make Their Own Decisions?” – Sam Boyle. There is also a review of the book “Scholarly Misconduct: Law, Regulation, and Practice” by Ian Freckelton (ed) – reviewed by Michael Magazanik.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged “infamous conduct in a professional respect”, Advance Care Directives Act 2013 (SA), Alexander Holden, Alison Ziller, Amber Moore, Ann-Claire Larsen, announcement of cancer to adolescents and young adults, Australian health care quality and safety regulation, Belinda Bennett, Bernadette McSherry, Bonnie Dale, book review, Bruce Baer Arnold, caesarean delivery on maternal request, Caitlin Kameron, Carla Saunders, Claudette S Satchell, compensation for victims of vaccination injury, coronial recommendations in Tasmania, David J Carter, David Ranson, decision-making paradigm in health care and guardianship in South Australia, deregistration for doctors' unprofessional conduct, destruction of variola virus stocks, determination of civil liability for medical negligence, Donna Cooper, Editorial, Emma Holden, Eric Fourneret, First French Convention for Cancer Patients (1998), First French Convention for Child Cancer Patients and Their Families, French protocol for announcement of cancer, Gabrielle Wolf, Hartnett Epstein Van der Hope, Ian Freckelton QC, implementation of recommendations by Tasmanian Chief Coroner McTaggart, inadequate information regarding childbirth, Indian women exploited in commercial surrogacy arrangements, infant death and youth suicide, international human rights and mental health, Jacqui Bell, James Brown, JLM, Joseph Ibrahim, legal and regulatory policy development for aged care, legal decisions in childbirth-related medical litigation, Legal issues, legal matters capacity, licence cancellation, liquor licensing decisions, Margaret Brown, Marie Nagy, Mary Chiarella, medical evidence of capacity, medical issues, Medical law reporter, Merrilyn Walton, Michael Magazanik, Michelle F Rourke, Michelle Havill, National Registration and Accreditation Scheme (2010), NSW Independent Liquor and Gaming Authority, patient autonomy, Patrick J Kelly, perception of Australian public towards health care quality and safety, personal/financial capacity, Pip Trowse, price regulation of prostheses, quasi-judicial decision-makers, regulating unconventional doctors, regulation of aged care, Rose Mackie, Sam Boyle, Scholarly Misconduct: Law Regulation and Practice, Senate inquiry on Prostheses List (PL), smoking by-law, strata law reform to reduce second-hand smoke in multiunit housing, students as surrogate patients, Terry Carney, testamentary capacity, Thomas Faunce, United Nations' Convention on Biological Diversity (CBD), vaccination litigation, variola virus and smallpox, Wendy Bonython, World Health Organization QualityRights program, Yvette Maker | Leave a response

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Journal of Law and Medicine update: Vol 27 Pt 2

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