The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Procedural Fairness and the Coroner” – Ian Freckelton QC; Legal Issues: “The European Union General Data Protection Regulation (EU 2016/679) and the Australian My Health Record Scheme – A Comparative Study of Consent to Data Processing Provisions” – Danuta Mendelson; Medical Issues: “Geriatric Forensic Medicine – A Specialty that can no Longer Wait to be Realised” – David Ranson and Joseph Ibrahim; Bioethical Issues: “‘A Steadying Hand’: Ascribing Speech Acts to Users of Predictive Speech Assistive Technologies” – Stephen Rainey; and Medical Law Reporter: “Australia’s First Official Illicit Pill Testing at Canberra’s Groovin’ the Moo Music Festival: Legal Hurdles and Future Prospects” – Sarah Byrne, Angela Gock, Anne Cowling and Thomas Faunce. Also in this Part are the following articles: “Moritz Meyer and the Medical Board: Preventing Refugee Doctors from Practising Medicine in Victoria, Australia, 1937–1958” – Gabrielle Wolf; “Does Disciplinary Law Protect Us from False and Misleading Health Advertising?” – Jordan Sacco; “National Competition Policy and Australia’s Health Care System: A Look at the Policy Landscape with New Eyes” – Jayne E Hewitt; “Dental Health Workforce Regulation – How Amendments to the Health Practitioner Regulation National Law Act May Shape the Future of the Dental Profession” – Gillian Jean, Alexander Holden and Marc Tennant; “In Sickness and in Prison: The Case for Removing the Medicare Exclusion for Australian Prisoners” – Craig Cumming, Stuart A Kinner, David B Preen and Ann-Claire Larsen; “‘Mental Disorder’ and Sentencing: Resolving the Definitional Problem” – Jamie Walvisch; “Biologics and Public Health: Prospects and Challenges” – Olasupo Owoeye and Oluwabusayo Owoeye; “The Privacy-Related Challenges Facing Medical Research in an Era of Big Data Analytics: A Critical Analysis of Australian Legal and Regulatory Frameworks” – Moira Paterson and Normann Witzleb; “Australian Public Attitudes on Gene Editing of the Human Embryo” – Tamara Treleaven and Bernard E Tuch; “Regulating RNA Research and CRISPR Gene Drives to Combat Biosecurity Threats” – Thomas Faunce, Andrew Ray, Christie Gardiner, Thomas Preiss and Gaetan Burgio; “Providing Palliative Care at the End of Life: Should Health Professionals Fear Regulation?” – Lindy Willmott, Ben White, Donella Piper, Patsy Yates, Geoffrey Mitchell and David Currow; “The Role of the Medical Profession in Victorian Assisted Dying Law Reform” – Jodhi Rutherford; and “Sexual Assault Examination of the Unconscious Patient: A Legal, Ethical and Professional Grey-area for the Forensic Physician” – Justine E Rogers, Morris S Odell and Jason R Schreiber. There is also a review of the book “Diamonds and Stones in an Era of Gold” by Brian Collopy – reviewed by Ian Freckelton QC.
This issue of the Journal of Law and Medicine features an Editorial by General Editor Professor Ian Freckelton QC marking the 25th anniversary of the Journal. It includes the following articles: “When Is It in a Child’s Best Interests to Withhold or Withdraw Life-sustaining Treatment? An Evolving Australian Jurisprudence” – Lindy Willmott, Ben White and Neera Bhatia; “Biosimilars: The Challenges of Novelty, Inventive Step and Sufficiency” – Teddy Henriksen and Jay Sanderson; “The Legal Doctrine of Informed Consent and Renal Dialysis – Do Patients Really Consent?” – Marina Wainstein, Anna Rose Menzies, Frank Patrick Brennan and Mark Ashley Brown; “Building Public Confidence in Medical Registration Revalidation: Reform of Medical Registration Law in Australia, a New Risk-based Approach” – David J Carter, Deborah J Street and Stephen Bush; “Holding Out and Protected Titles – Issues for Non-registrant Complementary and Alternative Health Practitioners” – Michael Weir; “Legal and Ethical Issues Surrounding the Use of Older Children’s Electronic Personal Health Records” – Jacqueline Meredith, Shaun McCarthy and Bronwyn Hemsley; “Changing Law Students’ Ideas about Dis/ability: Can We? Should We? How Would We?” – Anna Cody; “Best Interests and Non-consensual Research” – Brent Hyslop; “How Do Coroners’ Findings in Australian Jurisdictions Apply to Health Care Practitioners within Safety-I and Safety-II Paradigms?” – Nicola Cunningham; “An Analysis of Medico-legal Claims against Dermatologists in Australia from a Single Medical Indemnity Insurer” – Paul Stevenson; “Reproductive Autonomy and Social Sex Selection: A Chance of a Choice?” – Kathryn Boyd; “Freedom of Expression, Belief and Assembly: The Banning of Protests Outside of Abortion Clinics in Australia” – Anna Walsh; “Two Problems of Unburied Bodies” – Robert Shiels; “A Whiter Shade of Grey: Comparisons of the Legal and Professional Status of Tooth Whitening in Three Jurisdictions” – Alexander C L Holden; and “Infection Control Standards in Private Dental Practice” – The Role of Accreditation – Gillian Jean, Alexander C L Holden, Marc Tennant and Estie Kruger.
Also in this Part are the following sections: Editorial: “Health Law: The Past and the Future” – Ian Freckelton QC; Legal Issues: “Computational Modelling, Social Media and Health-Related Datasets: Consent and Privacy Issues” – Bernadette McSherry; Medical Issues: “Responding Better to Desperate Parents: Warnings from the Alfie Evans Saga” – Ian Freckelton QC; Bioethical Issues: “A New Ethical Model of Commercial Surrogacy Arrangements for Australia” – Jeremy Feiglin and Julian Savulescu; Nursing Issues: “Codes of Conduct – A New Era for Nursing and Midwifery in Australia” – Kim Forrester; and Medical Law Reporter: “Australian Senate Committee Report on Transvaginal Mesh Devices” – Chloe Thompson and Thomas Faunce. There are also reviews of the following books: “True Stories from the Morgue” by J Merrick – reviewed by Ian Freckelton QC; “The Trauma Cleaner: One Woman’s Extraordinary Life in Death & Disaster” by Sarah Krasnostein – reviewed by Ian Freckelton QC; and “Tensions and Traumas in Health Law” by Ian Freckelton and Kerry Petersen – reviewed by Bill Madden.
The latest Part of the Journal of Law and Medicine includes an Editorial: “The Right to Sue for Non-Communication or Delay in the Diagnosis of Neurodegenerative Diseases” – Ian Freckelton QC; and the following sections: Legal Issues: “‘My [Electronic] Health Record'” – Cui Bono (For Whose Benefit)? – Danuta Mendelson and Gabrielle Wolf; “The Foundations of the Comparison Forensic Sciences: Report of the President’s Council of Advisors on Science and Technology” – Stephen Cordner, David Ranson and Richard Bassed; Bioethical Issues: “Error and Accountability in a No-Fault System: Maintaining Professionalism” – Rebecca Babcock and Grant Gillett; and Medical Law Reporter: “Seeding Australian Regulation of Genomics in the Cloud” – Elizabeth Abbott and Thomas Faunce.
Also in this Part are the following articles: “Is Australia Well Equipped to Deal with Future Clinical Trials?” – Lisa Eckstein and Don Chalmers; “Is There a Role for Law in Medical Practice When Withholding and Withdrawing Life-Sustaining Medical Treatment? Empirical Findings on Attitudes of Doctors” – Lindy Willmott, Ben White, Malcolm Parker, Colleen Cartwright and Gail Williams; “The Knowledge and Practice of Doctors in Relation to the Law That Governs Withholding and Withdrawing Life-Sustaining Treatment from Adults Who Lack Capacity” – Ben White, Lindy Willmott, Colleen Cartwright, Malcolm Parker and Gail Williams; “Decision-Making Capacity and its Relationship to a Legally Valid Consent: Ethical, Legal and Professional Context” – Scott Lamont, Cameron Stewart and Mary Chiarella; “Balancing Self-Tracking and Surveillance: Legal, Ethical and Technological Issues in Using Smartphones to Monitor Communication in People with Health Conditions” – Jacki Liddle, Mark Burdon, David Ireland, Adrian Carter, Christina Knuepffer, Nastassja Milevskiy, Simon McBride, Helen Chenery and Wayne Hall; “Primum Non Nocere: A More Proactive Workplace Drug Testing Regime for Australian Medical Practitioners?” – Claire Leyden-Duval; “‘Dealing with the Drink’: A Case for Reviewing Gradual Regulation of Teenagers’ Access to Alcohol” – Brendan Walker-Munro; “Red Bull: Does It Give You Wings or Cardiac Disturbances? Modifying the Law Regarding Energy Drinks in Australia” – Marilyn Bromberg and Justine Howard; “Zolpidem, Complex Sleep-Related Behaviour and Volition” – Marilyn McMahon; “Judicial Recognition of PTSD in Crime Victims: A Review of How Much Credence Australian Courts Give to Crime-Induced PTSD” – Paul McGorrery; “Collision or Collusion? Homicides Staged as Car Accidents” – Claire Ferguson; and “Name Suppression Practices of New Zealand’s Health Practitioners Disciplinary Tribunal 2004-2014” – Kate Diesfeld, Lois J Surgenor, Michael Ip and Kate Kersey. There is also a review of the book “Lecretia’s Choice: A Story of Love, Death and the Law” by Matt Vickers – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Medically assisted suicide: Recent jurisprudence and the challenges for law reform” – Ian Freckelton QC; Legal Issues: “Mental health legislation (civil) in Australia and China: A comparative perspective” – Danuta Mendelson and Nuannuan Lin; Medical Issues: “Family violence and clinical forensic medicine – The forgotten service?” – David Ranson, Angela Williams, Barbara Thorne and Jennifer Ryan; Bioethical Issues: “Justice, restoration and redress: Error, no-fault and tort-based systems” – Georgina Richardson and Grant Gillett; Nursing Issues: “Nurse-to-patient and midwife-to-patient ratios” – Kim Forrester; and Medical Law Reporter: “NuCoal Resources Ltd v New South Wales: The mining industry and potential health impacts of investor-state dispute settlement in Australia” – Thomas Faunce and Shaneel Parikh. Also in this Part are the following articles: “Refusal of potentially life-saving treatment for minors: The emerging international consensus by courts” – Ian Freckelton QC and Simon McGregor; “How should Australia respond to media-publicised developments on euthanasia in Belgium?” – Neera Bhatia, Ben White and Luc Deliens; “Aid in dying in New Zealand: Recent legal developments” – Andrew Geddis and Colin Gavaghan; “End-of-life decision-making in a health services setting: An access to justice lens” – Katherine Curnow; “Lawyers and advance care and end-of-life planning: Enhancing collaboration between legal and health professions” – Nola M Ries; “Does Australia need compulsory immunisation?’ – Wendy Jane Nixson; “Discharge against medical advice” – Audrey Laur; “The role of photographic and video documentation in the investigation and prosecution of child sexual assault” – Annie Cossins, Amanda Jayakody, Christine Norrie and Patrick Parkinson; “Consent to innovative treatment: No need for a new legal test” – Bernadette Richards and Katrina Hutchison; and “Rethinking the “harmonisation” of international trade and public health” – Ania Lang. There is also a review of the book “Do No Harm: Stories of Life, Death and Brain Surgery” by Henry Marsh – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Criminalising research fraud” – Ian Freckelton QC; Legal Issues: “Disciplinary proceedings for inappropriate prescription of opioid medications by medical practitioners in Australia (2010-2014)” – Danuta Mendelson; Medical Issues: “Legal liability for psychiatrists’ decisions about involuntary inpatient status for mental health patients” – Ian Freckelton QC; Bioethical Issues: “Is a cleft lip and palate a serious “handicap”? Jepson v Chief Constable of West Mercia – A legal and ethical critique” – Michael Morrison and Grant Gillett; Nursing Issues: “Nursing documentation: A valuable clinical activity” – Kim Forrester; Medical Law Reporter: “Crimes Amendment (Zoe’s Law) Bill 2013 (No 2): Paradoxical commercial impacts of the conservative agenda on fetal rights” – Roseanna Bricknell and Thomas Faunce; Letter to the Editor and Book Review: Maralinga by Frank Walker. Also in this Part are the following articles: “The bereavement gap: Grief, human dignity and legal personhood in the debate over Zoe’s Law” – Hannah Robert; “The standard of medical care under the Australian Civil Liability Acts: Ten years on” – Joseph Lee; “Holding unregistered health practitioners to account: An analysis of current regulatory and legislative approaches” – Jon Wardle; “Voluntary palliated starvation: A lawful and ethical way to die?” – Ben White, Lindy Willmott and Julian Savulescu; “Confusing criminal and civil law: When may a hospital refuse to release a dead body?” – Steven B Gallagher; “A right to choose how to live: The Australian common law position on refusals of care” – Katherine Curnow; “New Zealand’s Mental Health District Inspector in historical context: ‘The impartial scrutiny of a citizen of standing’” – Kate Prebble, Claire Gooder and Katey Thom; “Wrongful life claims and negligent selection of gametes or embryos in infertility treatments: A quest for coherence” – Noam Gur; “Young people and medical procedures: Whether or not young people can be competent to make medical decisions in their own interests” – Michael Easton; and “We didn’t start this fireless vapour: E-cigarette legislation in Australia” – Dr Marilyn Krawitz
The latest Part of JLM includes the following articles: “Unfitness to stand trial decision-making in the Extraordinary Chambers in the Courts of Cambodia” – Ian Freckelton QC and Magda Karagiannakis; “Legal risk management and injury in the fitness industry: The outcomes of focus group research and a national survey of fitness professionals” – Patrick Keyzer, Ian R Coyle, Joachim Dietrich, Kevin Norton, Betul Sekendiz, Veronica Jones and Caroline F Finch; “Just a little bit more: When sports scientists cross the line” – Tyler Fox; “Beauty is only photoshop deep: Legislating models’ BMIs and photoshopping images” – Marilyn Krawitz; “Medical use of cannabis in Australia: “Medical necessity” defences under current Australian law and avenues for reform” – Charles Martin; “Patents and the obligation to protect health: Examining the significance of human rights considerations in the protection of pharmaceutical patents: – Olasupo Ayodeji Owoeye; ““Best interests” and withholding and withdrawing life-sustaining treatment from an adult who lacks capacity in the parens patriae jurisdiction” – Lindy Willmott, Ben White and Malcolm K Smith; “Transparency in mental health: Why mental health tribunals should be required to publish reasons” – Alison Smith and Andrew Caple; “Government databases and public health research: Facilitating access in the public interest” – Carolyn Adams and Judy Allen; “The spectre of court-sanctioned sacrificial separation of teenage conjoined twins against their will” – Colleen Davis; and “Judicial virtues and decision-making in the VCAT Guardianship List” – Richard Polkinghorn. Also included in this Part are several section notes, including Legal Issues; Medical Issues; Bioethical Issues; Nursing Issues; and Medical Law Reporter. There is also an editorial, a letter to the Editor and a book review.
The June 2013 issue of the Journal of Law and Medicine is the last Part for Volume 20 and is a Special Issue about law, policy and practice concerning stored embryos in assisted reproduction. The articles cover such topics as consent, information-giving and counselling concerning stored embryos, use of stored embryos after separation or death of a partner, the destruction of stored embryos and compensation for women who provide their eggs for research, the best interests of neonates, adult guardianship, and the right to life under the European Convention on Human Rights, plus much more!
The latest Part of JLM is full of interesting articles and sections, including “Fetal Alcohol Spectrum Disorder and the law in Australia: The need for awareness and concern to translate into urgent action” – Ian Freckelton SC; “A right to refuse: Legal aspects of dealing with intoxicated patients who refuse treatment” – Lisa Butson, Mandy Shircore and Ben Butson; “Property rights in human gametes in Australia” – Vanessa White; “Back to the future: Prohibiting surrogacy for singles, same-sex and shorter-term heterosexual couples in Queensland” – Malcolm K Smith, Lindy Willmott, Pip Trowse and Ben White; “Cain v Australian Red Cross Society: The case for universal blood donation reform” – Rodney Croome and Benedict Bartl; “Criminal responsibility for the non-disclosure of HIV-positive status before sexual activity” – Joanna Manning; “‘Forced sterilisation’: Clarifying and challenging intuitions and models” – Malcolm Parker, plus much more!
The latest Part of the Journal of Law and Medicine contains the usual interesting mix of articles and sections. The topics covered range from the use of organs after death to the role of public interest organisation at inquests, from cosmetic surgery and voluntary limb amputation to psychiatric disability, from advanced chronic obstructive pulmonary disease to voluntary euthanasia, from cryopreserved sperm to genetic testing, plus much more.