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