Lois J Surgenor
This Part of the Journal of Law and Medicine includes the following articles: “COVID-19 and the Right to Support in New Zealand Hospitals” – Sarah Gwynn; “COVID-19 Curfews: Kenyan and Australian Litigation and Pandemic Protection” – Ian Freckelton QC; “Clinical Decision Support Systems and Medico-Legal Liability in Recall and Treatment: A Fresh Examination” – Megan Prictor, Mark Taylor, Jane Kaye, Jon Emery, Craig Nelson and Jo-Anne Manski-Nankervis; “Navigating the Australian National Disability Insurance Scheme: A Scheme of Big Ideas and Big Challenges” – Allan Ardill and Brett Jenkins; “Fifteen Years On: What Patterns Continue to Emerge from New Zealand’s Health Practitioners Disciplinary Tribunal?” – Lois J Surgenor, Kate Diesfeld, Kate Kersey, Olivia Kelly and Marta Rychert; “Maintaining Privacy in Artificial Intelligence-driven Bioinformatics: An Inquiry into the Suitability of Australia’s Laws” – Jade Luci Andrews; “Transgender and Intersex Athletes in Single-sex Sports” – Laura Johnston; “The Right of the Child to Oral Health: The Role of Human Rights in Oral Health Policy Development in Australia” – Gillian Jean, Estie Kruger, Vanessa Lok and Marc Tennant; “(Re)Drawing the Line: Australian Regulation of Human–Animal Interspecies Embryos” – Andrew Ng and Karinne Ludlow; “In Whose Interest? Recent Developments in Regulatory Immediate Action against Medical Practitioners in Australia” – Owen M Bradfield, Matthew J Spittal and Marie M Bismark; “A Little Less Discrimination, a Little More International Legal Compliance: A Capacity-based Approach to Substitute Decision-Making for People with Mental Illness” – Seb Recordon; “Adolescent Drivers – Are We Doing Enough?” – Roy G Beran; and “Don Chalmers: His Contributions to Legal Research and Education, Health Law, and Research Ethics, Locally and Globally” – Dianne Nicol, Yann Joly, Jane Kaye, Bartha Knoppers, Eric M Meslin, Jane Nielsen, Margaret Otlowski and Kate Warner.
Also in this Part are the following sections: Editorial: “The Rights to Life, Dignity and the Highest Attainable Standard of Health: Internationally Influential African Jurisprudence” – Ian Freckelton QC; Legal Issues: “Embracing the Future: Using Artificial Intelligence in Australian Health Practitioner Regulation” – Editor: Gabrielle Wolf; Medical Issues: “Personality Disorder and Moral Culpability: Brown v The Queen” – Danny Sullivan and Adam Deacon; Technology Health Law Issues: “Consumer Law, Technology and Health Care: A Shift in Focus, a Panacea or a Confounder?” – Joel Grieger, Mark Giancaspro and Bernadette Richards; Mental Health Law Issues: “Gender, Trauma and the Regulation of the Use of Restraint on Women in Australian Mental Health Services” – Yvette Maker; Health Law Reporter: “Brain Death and Pregnancy: On the Legalities of Post-mortem Gestation” – Cameron Stewart, Ian Kerridge, Lisa O’Reilly, Linda Sheahan, George Tomossy and George Skowronski; Health Research Law and Ethics: “Clinical Research without Consent: Challenges for COVID-19 Research” – Editor: Ian Freckelton QC; Letter to the Editor; Letter to the Editor (and Response); and Book Review: “Memoir of an Accidental Ethicist”, by KJ Breen.
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.
The latest Part of the Journal of Law and Medicine includes the following sections: Editorial: “Doctors Suing Patients: Wrestling with Doing No Harm” – Ian Freckelton QC; Legal Issues: “Supporting People with Decision-Making Impairments: Choice, Control and Consumer Transactions” – Yvette Maker, Bernadette McSherry, Lisa Brophy, Jeannie Marie Paterson and Anna Arstein-Kerslake; Medical Issues: “Novel Psychoactive Substances: The Challenges for Health Care, Analytical Science and the Law” – Victoria Bicknell, Dimitri Gerostamoulos and David Ranson; Bioethical Issues: “Taking the Moral Measure of Mental Capacity: Interpretation and Implementation” – Grant Gillett; and Medical Law Reporter: “Public Health Legislation Prohibiting Sports-Embedded Gambling Advertisting” – Madeleine Farrar and Thomas Faunce.
Also in this Part are the following articles: “Complementary Health Practitioners Disciplined for Misconduct in Australia 2010-2016” – Jenni Millbank, Miranda Kaye, Anita Stuhmcke, David Sibbritt, Isabel Karpin and Jon Wardle; “Professional Discipline of the New Zealand Nursing Residential Care Workforce: A Mixed Methods Analysis of HPDT Decisions 2004-2014” – Kate Kersey, Kate Diesfeld, Lois J Surgenor and Michael Ip; “The Legal System and the Legitimacy of Clinical Guidelines” – Fiona McDonald; “Wastewater Analysis of Substance Use: Implications for Law, Policy and Research” – Jeremy Prichard, Foon Yin Lai, Emma van Dyken, Phong Thai, Raimondo Bruno, Wayne Hall, Paul Kirkbride, Coral Gartner, Jake O’Brien and Jochen F Mueller; “Abortion Law in New South Wales: Shifting from Criminalisation to the Recognition of the Reproductive Rights of Women and Girls” – Christine Forster and Vedna Jivan; “Proprietary Rights in Stored Semen: ‘Roblin v Public Trustee’ and the Commonsense Approach to Stored Human Tissue of Significance” – Madeline Baker; “‘Treatment’ of Intersex Children as a Special Medical Procedure” – Skye O’Dwyer; “Life on the Liminal Bridge Spanning Fertility and Infertility: A Time to Dream and a Time to Decide” – Pamela M White; “Coercive Community Treatment in Mental Health: An Idea Whose Time Has Passed?” – Sascha Callaghan and Giles Newton-Howes; “Blood Libel: An Analysis of Blood Donation Policy As It Affects Gay Men in Australia” – Edward Davis; “Stigma, Homosexuality and the Homosexual Advance Defence” – Anthony Gray and Kerstin Braun; and “The Role of Legal Proxies in End-of-Life Decisions in Italy: A Comparison with Other Western European Countries” – Denard Veshi and Gerald Neitzke. There are also reviews of the books “Patients with Passports: Medical Tourism, Law and Ethics” by I Glenn Cohen – reviewed by Ian Freckelton QC; and “Stem Cell Tourism and the Political Economy of Hope” by Alan Petersen, Megan Munsie, Claire Tanner, Casimir MacGregor and Jane Brophy – reviewed by Ian Freckelton QC.
The latest Part of the Journal of Law and Medicine includes an Editorial: “Bolam Buried, Belatedly?” – Ian Freckelton QC; and the following sections: Legal Issues: “Judicial Review of Medical Panel Decisions” – Carol Newlands; Medical Issues: “Alcohol Consumption and Impairment of Surgeons: A Case for Total Abstinence?” – Mike O’Connor; Medical Law Reporter: “The Essendon Football Club Supplements Saga: Exploring Natural Justice for Team Sanctions within Anti-Doping Regulations” – Madeleine Farrar and Thomas Faunce; and a Letter to the Editor. Also in this Part are the following articles: “Vexatious, Misconceived and Avoidable Reports by Peers to Medical Regulators: A Qualitative Study of Health Practitioners in Australia” – Laura A Thomas and Marie M Bismark; “Practitioner Health Issues Featuring Before New Zealand’s Health Practitioners Disciplinary Tribunal: An Analysis of Cases 2003-2014” – Lois J Surgenor, Kate Diesfeld, Kate Kersey and Michael Ip; “Monitoring a ‘Menace’: Peer Review and the Regulation of Substance-Addicted Doctors, 1933-1948” – Gabrielle Wolf; “Lights and Sirens: How Coronial Inquests Can Highlight Challenges in Paramedic Regulation” – Dominique Moritz; “Expert Witness Immunity in Australia after Attwells v Jackson Lalic Lawyers: A Smaller and Less Predictable Shield?” – Tina Cockburn and Bill Madden; “The Right to Health: Implications for the Funding of Medicines in Australia” – Claudia Harper, Narcyz Ghinea and Wendy Lipworth; “Asynchronous Medicines Legislation for Non-Medical Prescribing” – Denise L Hope and Michelle A King; “Paying for Risky Decisions: Civil Liability of Non-Vaccinators” – Nikki Bromberger; “Criteria for Decision-Making Capacity: Between Understanding and Evidencing a Choice” – Lisa Eckstein and Scott YH Kim; “A Positive Duty to Rescue and Medical Practitioners: A Review of the Current Position in Australia and a Comparison with International Models” – Jayr Teng; “The Making of a Health Profession: A South African Case Study” – Andra le Roux-Kemp; and “Development, Access to Medicines and the Ebola Virus Epidemic in West Africa” – Olasupo Owoeye and Jumoke Oduwole. There is also a review of the book “The State and the Body: Legal Regulation of Bodily Autonomy” by Elizabeth Weeks – reviewed by Ian Freckelton QC.
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 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.