mental health legislation
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.
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”.
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 June 2011 update of the Journal of Law and Medicine has a wide range of interesting articles and sections. There are articles on mental health legislation in Australian emergency departments, ethical practice for complementary and alternative medicine practitioners, individual responsibility and the attribution of liability and the legal role of medical professionals in decisions regarding life-sustaining treatment. There are also several interesting section notes including Nursing Issues, Bioethical Issues and Medical Law Reporter.