Belinda Bennett

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

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 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

Journal of Law and Medicine update: Vol 24 Pt 1

By Journal Alerts on October 7, 2016

The latest Part of the Journal of Law and Medicine include a Guest Editorial: “Where to Now for Reform of Global Health Governance?” – Professor Belinda Bennett; and the following sections: Legal Issues: “Current Challenges for the Regulation of Chemical Restraint in Health Care Settings” – Bernadette McSherry and Juan José Tellez; Medical Issues: “Solitary Confinement: Going Down the Rabbit Hole” – Danny Sullivan and Adam Deacon; Complementary Health Issues: “The Need to Develop a Regulatory Body for the Practice of Al-Hijama” – John F Mayberry; and Medical Law Reporter: “Corporatisation of Community Pharmacy and the Constitutional Prohibition of Civil Conscription for Medical Service Providers” – Caitlin Yazidjoglou and Thomas Faunce.
Also in this Part are the following articles: “Parents’ Opposition to Potentially Life-saving Treatment for Minors: Learning from the Oshin Kiszko Litigation” – Ian Freckelton QC; “The Legal Vacuum Surrounding Access to Gene-based Research Materials and Data” – Jane Nielsen and Dianne Nico; “Disclosure of Individual Research Results and Incidental Findings in Biobank Research: Why We Need an Evidence-based Approach” – Jennifer Fleming, Margaret Otlowski, Cameron Stewart, Christine Critchley and Ian Kerridge; “Open Access DNA, RNA and Amino Acid Sequences: The Consequences and Solutions for the International Regulation of Access and Benefit Sharing” – Charles Lawson and Michelle Rourke; “Access to Experimental Treatments: Comparative Analysis of Three Special Access Regimes” – Barbara von Tigerstrom and Emily Harris; “Regulation of Non-consensual Genetic Testing in Australia: Use of Samples from Deceased Persons” – Rebekah E McWhirter and Margaret Otlowski; “Translating Knowledge from Research to Outcomes: Pharmacogenomics in the Treatment of HIV/AIDS” – Jayne E Hewitt; “Some Legal Issues Regarding the Patenting of Human Genetic Materials” – Peter MacFarlane and Betty Kontoleon; “Non-invasive Prenatal Testing: The Problem with ‘Fast Cars'”– Jeanne Snelling, Nikki Kerruish and Jessie Lenagh-Glue; “Medical Abortion in Australia: What Are the Clinical and Legal Risks? Is Medical Abortion Over-regulated?” – Anne O’Rourke, Suzanne Belton and Ea Mulligan; “New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Decisions 2004-2014” – Lois J Surgenor, Kate Diesfeld, Michael Ip and Kate Kersey; and “Cloak and Dagger? Statutory Privilege for Quality Activities in New Zealand” – Meenal Duggal. There is also a review of the book “Health Law in New Zealand” by Peter Skegg and Ron Paterson (eds) – reviewed by Ian Freckelton QC.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged access to gene-based research materials and data, Adam Deacon, Al- Hijama, analysis of decisions, Anne O’Rourke, Barbara von Tigerstrom, Belinda Bennett, benefit sharing, Bernadette McSherry, Betty Kontoleon, biobank research, biomedical research, book review, BRCA1 gene, Caitlin Yazidjoglou, Cameron Stewart, Charles Lawson, Child & Adolescent Health Services v Kiszko [2016] FCWA 19; [2016] FCWA 34 and [2016] FCWA 75, Christine Critchley, clinical and legal risks, Complementary Health Issues, constitutional prohibition of civil conscription, corporatisation of community pharmacy, D'Arcy v Myriad Genetics Inc (2015) 89 ALJR 924; [2015] HCA 35, Danny Sullivan, diagnostic genetic testing, Dianne Nicol, Director Clinical Services, DNA and RNA and amino acid sequences, Ea Mulligan, Emily Harris, experimental treatments, genomic research, global health governance, Guest Editorial, Health Law in New Zealand, Health Practitioners Disciplinary Tribunal (HPDT), High-level Panel on the Global Response to Health Crises, HIV/AIDS, Ian Freckelton QC, Ian Kerridge, incidental findings (IFs), individual research results (IRRs), Jane Nielsen, Jayne E Hewitt, Jeanne Snelling, Jennifer Fleming, JLM, John F Mayberry, Juan José Tellez, Kate Diesfeld, Kate Kersey, Legal issues, life-saving treatment for minors, Lois J Surgenor, Margaret Otlowski, medical abortion, medical issues, Medical law reporter, Meenal Duggal, Michael Ip, Michelle Rourke, New Zealand, Nikki Kerruish and Jessie Lenagh-Glue, non-consensual genetic testing, non-invasive prenatal testing, open access databases, parental opposition to medical treatment, patenting human genetic materials, Peter MacFarlane, Peter Skegg, pharmacogenomics, quality assurance activities, Rebekah E McWhirter, regulation of chemical restraint, Ron Paterson, s 18(1) of Patents Act 1990 (Cth), solitary confinement, special access regimes, statutory privilege, statutory regulation, Suzanne Belton, Thomas Faunce, traditional therapy, UN International Treaty on Plant Genetic Resources for Food and Agriculture, UN Nagoya Protocol, WHO Pandemic Influenza Preparedness Framework for the Sharing of Influenza Viruses and Access to Vaccines and Other Benefits | Leave a response

Journal of Law and Medicine update: March 2016

By Journal Alerts on April 13, 2016

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medicinal cannabis law reform in Australia” – Ian Freckelton QC; Legal Issues: “Non-consensual clinical research in New Zealand: Law reform urgently needed” – Joanna Manning; Medical Issues: “The treatment of intersex and the problem of delay: The Australian Senate inquiry into intersex surgery and conflicting human rights for children” – Mike O’Connor; and Medical Law Reporter: “Regulation of Australian medical professionals and national security: Lessons from three case studies” – Thomas Faunce, Michael McKenna, Johanna Rayner and Jazmin Hawes. Also in this Part are the following articles: “The New Zealand Coroners Amendment Bill’s proposed approach to health care-related deaths that are reportable to the coroner” – Jennifer Moore, Tim Stokes and Ben Gray; “Decision-making in a death investigation: Emotion, families and the coroner” – Gordon Tait, Belinda Carpenter, Carol Quadrelli and Michael Barnes; “Negotiating grief and trauma in the coronial jurisdiction” – Marc Trabsky and Paula Baron; “‘Blowed off by a side wind’? Coronial inquests following criminal acquittals” – John Aberdeen; “The coronial investigation of suspected deaths: Prevalence and outcomes in New South Wales” – Stephanie Dartnall and Jane Goodman-Delahunty; “Does the removal of anonymity reduce sperm donors in Australia?” – Damian H Adams, Shahid Ullah and Sheryl de Lacey; “Recall and understanding of risk in endodontics: A questionnaire survey” – Mark Johnstone, Stephen Harlamb and Peter Parashos; “Health complaints and regulatory reform: Implications for vulnerable populations?” – Terry Carney, Fleur Beaupert, Mary Chiarella, Belinda Bennett, Merrilyn Walton, Patrick J Kelly and Claudette S Satchell; “Defining deviation: The peer professional opinion defence and its relationship to scope expansion and emerging non-medical health professions” – Jon Wardle; “A Hospital-based Patient Legal Clinic” – Liz Bishop, Hana Shahkhan and Bebe Loff; “Beyond the corporeal: Extending propertisation of body parts to derivative information” – Wendy Bonython and Bruce Baer Arnold; and “Biobanking: Relational obligations” – Valmaine Toki. There is also a review of the book “Saviour Siblings: A Relational Approach to the Welfare of the Child in Selective Reproduction” by Michelle Taylor-Sands – reviewed by Ian Freckelton QC.

Posted in Journal of Law and Medicine (JLM), Journals, Update Summaries | Tagged Access to Medicinal Cannabis Bill 2015 (Vic), al-Dawla al-Islamyia fil Iraq wa’al Sham, Arlie Hochschild, Australian Border Force Act 2015 (Cth), Australian medical practitioners, Australian Senate Committee inquiry, Bebe Loff, Belinda Bennett, Belinda Carpenter, Ben Gray, biobanking, book review, Bruce Baer Arnold, Carol Quadrelli, Claudette S Satchell, Coroners Act 2006 (NZ), Coroners Amendment Bill 2014 (NZ), coronial decision-making, coronial inquests, criminal acquittals, Daesh, Damian H Adams, death investigation, depression, deregistration of medical professionals, disordered sex development, duty to exercise reasonable care and skill, Editorial, endodontic consultations, families, Fleur Beaupert, genetic privacy, Gordon Tait, grief and trauma, Hana Shahkhan, health care regulatory systems, HeLP Patient Legal Clinic, Hospital-based Patient Legal Clinic, hypospadias, Ian Freckelton QC, immigration detention, immigration detention centres, incapacitated adults, indeterminate genitalia, intersex surgery, Islamic State of Iraq and Syria (ISIS), Jane Goodman-Delahunty, Jennifer Moore, JLM, Joanna Manning, John Aberdeen, Jon Wardle, lawyer wellbeing, Legal issues, legalization of medicinal cannabis, Liz Bishop, Marc Trabsky, Mark Johnstone, Mary Chiarella, medical issues, Medical law reporter, medicinal cannabis law reform, Merrilyn Walton, Michael Barnes, Michelle Taylor-Sands, Mike O'Connor, missing person, modified Bolam principle, Narcotic Drugs Amendment Act 2016 (Cth), National Health and Medical Research Council, national security, networked governance, non-consensual research studies, non-medical professions, Patrick J Kelly, Paula Baron, Peter Parashos, Plaintiff M68/2015 v Minister for Immigration and Border Protection [2016] HCA 1, professional regulatory system, propertisation of body parts, property in the human body, Public Health (Medicinal Cannabis) Bill 2016 (Qld), removal of anonymity, reportable health care-related deaths, Royal Dental Hospital of Melbourne, Saviour Siblings: A Relational Approach to the Welfare of the Child in Selective Reproduction, Shahid Ullah, Sheryl de Lacey, sperm donors, Stephanie Dartnall, Stephen Harlamb, substance abuse, suicide, suspected death investigations, suspected deaths, Tareq Kamleh, Terry Carney, Thomas Faunce, Tim Stokes, University of Melbourne Dental Clinic, Valmaine Toki, Victorian Law Reform Commission report, vulnerable groups, Wendy Bonython | Leave a response

Journal of Law and Medicine update: March 2015

By journals team on March 27, 2015

The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “The privilege against self-incrimination in coroners’ inquests” – Ian Freckelton QC; Legal Issues: “Updating Australia’s pandemic preparedness: The revised Australian Health Management Plan for Pandemic Influenza (AHMPPI)” – Belinda Bennett; Medical Issues: “Cruise control: Prevention and management of sexual violence at sea” – Mike O’Connor; Bioethical Issues: “Clayton’s compromises and the assisted dying debate” – Malcolm Parker; Medical Law Reporter: “Professional misconduct: The case of the Medical Board of Australia v Tausif (Occupational Discipline)” – Caroline Colton; Letters to the Editor; and Book Review: “Human Dignity in Bioethics and Law” by Charles Foster. Also in this Part are the following articles: “Health care justice for temporary migrant workers on 457 visas in Australia: A case study of internationally qualified nurses” – Paula O’Brien and Melissa Phillips; “A delayed inheritance: The Medical Board of Victoria’s 75-year wait to find doctors guilty of “infamous conduct in a professional respect”” – Gabrielle Wolf; “Correcting the record: Australian prosecutions for manslaughter in the medical context” – David J Carter; “Adapting to concurrent expert evidence in medical litigation” – Tina Cockburn and Bill Madden; ““Loss of situation awareness” by medical staff: Reflecting on the moral and legal status of a psychological concept” – Hugh Breakey, Roel D van Winsen and Sidney W A Dekker; “Coroners’ guidelines for health practitioners: Help or hindrance?” – Sarah Middleton; “Unfair employment discrimination of previously depressed individuals” – Kenneth Wei-Qiang Choo and Wei-Liang Lee; “The decision-making of the Mental Health Review Tribunal in New Zealand” – Katey Thom, Stella Black and Graham Panther; “Re-visiting Re X: Hysterectomy, removal of reproductive capacity and the severely intellectually disabled child in New Zealand” – Jeanne Snelling; “An alternative to Zoe’s Law” – James Dalmau.

Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged “accurate situation awareness (SA)”, assisted suicide, Australian Health Management Plan for Pandemic Influenza (AHMPPI), Belinda Bennett, Bill Madden, Bioethical issues, book review, Caroline Colton, coroners’ guidelines, coroners’ inquests, Crimes Amendment (Zoe’s Law) Bill 2013 (No 2) (NSW), David J Carter, depression, expert evidence, Gabrielle Wolf, Graham Panther, Hugh Breakey, Ian Freckelton QC, intellectually disabled, James Dalmau, Jeanne Snelling, JLM, Katey Thom, Kenneth Wei-Qiang Choo, Legal issues, Letters to the Editor, Malcolm Parker, Medical Board of Australia v Tausif (Occupational Discipline), Medical Board of Victoria, medical issues, Medical law reporter, medical litigation, medical manslaughter, Melissa Phillips, Mental Health Review Tribunal, Mike O'Connor, New Zealand, pandemic preparedness, Paula O’Brien, personhood, professional misconduct, professional negligence, Re X, reproductive capacity, reproductive rights, Roel D van Winsen, Sarah Middleton, self-incrimination, sexual violence at sea, Sidney W A Dekker, Stella Black, Tina Cockburn, unfair employment discrimination, Wei-Liang Lee | Leave a response

Journal of Law and Medicine update: March 2012

By journals team on March 14, 2012

The March 2012 issue of the Journal of Law and Medicine is a special issue on umbilical cord donation and banking, with the relevant articles covering development of stem cells from umbilical cord blood and blood banking, religious perspectives on umbilical cord blood banking, the line between public and private cord blood banking, racially conditional donation and the ethical, legal and social implications of umbilical cord blood banking. Also included in this Part are articles and sections on pandemic planning, euthanasia, medical ethics, homeopathy, plus much more!

Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged Abdulaziz Sachedina, Andrew Cameron, Andrew McGarrity, Belinda Bennett, Bernadette Tobin, Cameron Stewart, Christine Forster, Christopher FC Jordens, Damien Keown, David Weisbrot, epidural, euthanasia, Gabrielle Samuel, homoeopathy, human tissue regulation, Ian Freckelton SC, Ian H Kerridge, Ian Kerridge, Jatine Patel, Jeni Engel, Jeremy Pritchard, Joanna Manning, life-sustaining treatment, Loane Skene, Malcolm Parker, Malcom Parker, medical ethics, mental injury, Michelle AC O’Connor, Mike O'Connor, pandemic, Paul A Komesaroff, physical injury, public-private divide, Rabbi Jeremy Lawrence, Re Edwards, Rebecca Scott Bray, religion, Richard Bailey, risk management, secret inquests, stem cells, Terry Carney, Thomas Faunce, umbilical cord blood blanking, Wendy Lipworth | 3 Responses

Journal of Law and Medicine update: September 2011

By journals team on September 8, 2011

The September issue of the Journal of Law and Medicine contains several interesting articles on a variety of topics within medical law. It includes articles on fetal alcohol spectrum disorder and a mother’s duty of care, regulation of nanomedical products in New Zealand, the regulation of pharmacy ownership in Australia and the ethical concerns related to young children being regenerative tissue donors. The Part also includes the regular sections, including Legal issues, Bioethical issues and Book reviews, plus much more.

Posted in Journal of Law and Medicine (JLM), Update Summaries | Tagged Anne Saunders, Belinda Bennett, Belinda Carpenter, Belinda Reeve, book review, Coroners Act 2008 (Vic), coronial invesitagtions, Danuta Mendelson, David Ranson, diagnosis fraud, disability, donor conception, duty of care, Elise Jane Nolan, ethical obligations, fetal alcohol spectrum disorder, food advertising, Frances Gibson, Grant Niemann, guardianship law, H Laetiitia Hattingh, health care system, internal autopsies, Jennifer Moore, JLM, legal profession, Liz Dearn, Malcolm Parker, mesothelioma, Michael Barnes, military medical practitioners, nanomedical products, New Zealand, pharmacy ownership, regenerative tissue donors, regulatory theory, residential aged care, Rohan Price, sexual assault, Shih-Ning Then, Thomas Faunce, Tim Vines, United States | Leave a response

Legal - Australia Thomson Reuters

Belinda Bennett

Journal of Law and Medicine update: March 2015

Journal of Law and Medicine update: March 2012

Journal of Law and Medicine update: September 2011

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