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Investigating Investigation Powers under the Health Practitioner Regulation National Law. 调查《国家卫生从业人员管理法》规定的调查权力。
Journal of Law and Medicine Pub Date : 2023-12-01
Chris Corns
{"title":"Investigating Investigation Powers under the Health Practitioner Regulation National Law.","authors":"Chris Corns","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Investigators and inspectors appointed under the Australia Health Practitioner Regulation National Law play important roles by gathering and assessing evidence used in disciplinary proceedings and/or criminal prosecutions. In performing these roles, investigators and inspectors exercise \"police-like\" powers including coercive questioning and entry onto private property with or without a search warrant. The investigation process can add additional stress and anxiety for health practitioners who are subject to disciplinary proceedings. It is difficult for an aggrieved party to challenge the lawfulness of the exercise of an investigation power in a tribunal as tribunals lack jurisdiction to rule on the legality of an investigation power or the admissibility of evidence. This article explores the range of powers possessed by investigators and inspectors under the National Law and a number of issues relating to the exercise of those powers.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 3","pages":"673-689"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139708172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Work Stress, Vicarious Trauma and the Public Mental Health Framework: Kozarov v Victoria [2022] HCA 12 and Its Aftermath. 工作压力、继发性创伤和公共心理健康框架：Kozarov 诉维多利亚州 [2022] HCA 12 案及其后果》。
Journal of Law and Medicine Pub Date : 2023-12-01
Kay Wilson, Ian Freckelton
{"title":"Work Stress, Vicarious Trauma and the Public Mental Health Framework: Kozarov v Victoria [2022] HCA 12 and Its Aftermath.","authors":"Kay Wilson, Ian Freckelton","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The Public Mental Health Framework argues that law and policy are important in preventing mental ill-health and promoting wellbeing. Therefore, the 2022 decision of the Australian High Court in Kozarov v Victoria (Kozarov), in which a lawyer from the Office of Public Prosecutions (OPP) who worked in the Specialist Sex Offences Unit successfully claimed damages for vicarious trauma, has significant implications for the legal profession and those who are employed in emotionally demanding work. This article provides commentary on the Kozarov decision, within the context of other Australian case law including subsequent cases. It explores the significance of Kozarov and post-Kozarov authority for the development of (1) the law in \"work stress\" cases; (2) employers in the wake of the decision, including the OPP; and (3) the Public Mental Health Framework in relation to work stress and sexual violence as social determinants of health and mental health.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 3","pages":"641-672"},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139708180","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Supporting the Involvement of Adults with Cognitive Disabilities in Research: The Need for Reform. 支持有认知障碍的成年人参与研究：改革的必要性》。
Journal of Law and Medicine Pub Date : 2023-07-01
Shih-Ning Then, John Chesterman, Yuu Matsuyama
{"title":"Supporting the Involvement of Adults with Cognitive Disabilities in Research: The Need for Reform.","authors":"Shih-Ning Then, John Chesterman, Yuu Matsuyama","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article examines current legal and ethical requirements concerning research about adults with cognitive disabilities. These requirements, the article argues, are complex, difficult to navigate, and inevitably act as a disincentive for research to be conducted. These requirements also do little to encourage active involvement by adults with cognitive disabilities in deciding whether to participate in research. The article argues that reforms are needed for State and Territory laws to require, wherever possible, adults to be supported to make their own decisions about research participation. State and Territory law reform is also required to clarify when, and on what basis, others may be appointed to make research participation decisions on behalf of adults with cognitive disabilities. The article concludes by seeking complementary reform of the National Health and Medical Research Council National Statement on Ethical Conduct in Human Research, which would result in it being more human rights compliant and simpler to apply.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 2","pages":"459-471"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139673219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Patent Landscape for CRISPR Genome Editing in Australia. 澳大利亚 CRISPR 基因组编辑的专利情况。
Journal of Law and Medicine Pub Date : 2023-07-01
Naomi Foo, Olumayowa Adesanya, Jane Nielsen, Dianne Nicol
{"title":"The Patent Landscape for CRISPR Genome Editing in Australia.","authors":"Naomi Foo, Olumayowa Adesanya, Jane Nielsen, Dianne Nicol","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Although Australia has a proud record of health and medical research, it finds less traction when it comes to innovative product development. Patent filings are recognised as one of the measures of national innovation, and this is one measure where Australian innovators are falling short. We examined whether there may be discrete pockets of innovation in particular areas of technology where Australian researchers are making significant contributions. This study used patent filings as a measure of innovation and used clustered regularly interspaced short palindromic repeat (CRISPR) genome editing as a case study. We found a rich patent landscape, with filings for general methods and compositions and for specific diseases. However, the contribution by Australian applicants was small, with only four out of 519 filings. This indicates that navigating the CRISPR patent landscape to secure freedom to operate is likely to be complex for Australian innovators in this field.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 2","pages":"286-309"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139673222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Welcome to Television: Regulating Alcohol Marketing on Television in Australia to Protect the Health of Young People. 欢迎收看电视：规范澳大利亚电视上的酒精营销，保护青少年健康。
Journal of Law and Medicine Pub Date : 2023-07-01
Paula O'Brien
{"title":"Welcome to Television: Regulating Alcohol Marketing on Television in Australia to Protect the Health of Young People.","authors":"Paula O'Brien","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Television content is now available whenever and wherever viewers want it through free-to-air commercial television, catch-up television, video-on-demand services whether subscription or free, and social media platforms such as Facebook and TikTok. Alcohol marketing is pervasive in television, with young people's exposure to such marketing being causally connected to harms such as early initiation to drinking and heavy drinking practices. The World Health Organization recommends that countries ban or place comprehensive restrictions on alcohol marketing. Australia has failed to heed this recommendation. This column reviews the regulation of alcohol marketing in Australia from the perspective of its capacity to protect young people from exposure to the marketing. Australia's regulation of alcohol marketing is weak, fragmented and outdated, with rules that favour the interests of the alcohol, media and sporting industries, and do not protect the public's health, particularly that of young people.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 2","pages":"310-325"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139673226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal Liability of Clinical Ethics Services in Australia: "Should I Be More Worried Than I Am?" 澳大利亚临床伦理服务的法律责任："我应该比现在更担心吗？
Journal of Law and Medicine Pub Date : 2023-07-01
Sharon L Feldman, Carolyn Johnston
{"title":"Legal Liability of Clinical Ethics Services in Australia: \"Should I Be More Worried Than I Am?\"","authors":"Sharon L Feldman, Carolyn Johnston","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>A key function of clinical ethics services (CESs) is to provide decision-making support to health care providers in ethically challenging cases. Cases referred for ethics consultation are likely to involve diverging views or conflict, or to confront the boundaries of appropriate medical practice. Such cases might also attract legal action due to their contentious nature. As CESs become more prevalent in Australia, this article considers the potential legal liability of a CES and its members. With no reported litigation against a CES in Australia, we look to international experience and first principles. We consider the prospects of a claim in negligence, the most likely legal action against a CES, through application of legal principles to a hypothetical case scenario. We conclude that, although unlikely to be successful at this time, a CES could face answerable claims in negligence brought by patients (and families) who are the subject of ethics case consultation.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 2","pages":"345-357"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139673216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Continuing Problem of Expert Evidence in Medical Litigation - A Surgical Perspective with Reference to Daubert. 医疗诉讼中专家证据的持续问题--从外科角度看多伯特案。
Journal of Law and Medicine Pub Date : 2023-07-01
Arthur Richardson, Helen Pham, Michael Hollands
{"title":"The Continuing Problem of Expert Evidence in Medical Litigation - A Surgical Perspective with Reference to Daubert.","authors":"Arthur Richardson, Helen Pham, Michael Hollands","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The tension that exists between the medical and legal professions regarding expert evidence is longstanding. In this article, we will examine some of the issues regarding expert evidence particularly as it relates to matters involving surgeons. Many of the current aspects of the Australian uniform evidence law in relation to expert testimony were based on the Federal Rules of Evidence promulgated in the United States in 1975. We will discuss some of the problems of expert evidence in surgical matters, particularly in New South Wales, and offer some thoughts on how the so-called Daubert trilogy could form a basis on which to re-examine the concept of an \"expert\". Our analysis offers suggestions for further improvements to the process of adducing expert evidence in claims involving surgical matters.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 2","pages":"472-487"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139673220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Treatment of Young Transgender People and the Law. 变性青年的待遇与法律。
Journal of Law and Medicine Pub Date : 2023-07-01
Anthony Gray
{"title":"The Treatment of Young Transgender People and the Law.","authors":"Anthony Gray","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>The law has slowly recognised the concept of a transgender person. After initially fixating on someone's physical birth gender, it has now accepted the concept of gender identity. It has been challenged by young people experiencing gender dysphoria seeking medical treatment. Though in recent years it has increasingly accepted the right of such a person to access appropriate treatment, this article suggests further improvements in this area of the law are desirable, including no longer making the distinction between therapeutic and non-therapeutic treatment, reforming the extent of judicial power in this context, and according greater autonomy to mature young people.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 2","pages":"430-458"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139673225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Sharing of Genomic Data: Exploring the Privacy Implications of the Changing Status of Genomic Data. 共享基因组数据：探索基因组数据地位变化对隐私的影响》。
Journal of Law and Medicine Pub Date : 2023-07-01
Margaret Otlowski, Lisa Eckstein
{"title":"Sharing of Genomic Data: Exploring the Privacy Implications of the Changing Status of Genomic Data.","authors":"Margaret Otlowski, Lisa Eckstein","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This article explores the privacy implications of the changing status of genomic data and the consequences for genomic data-sharing. It sets out the theoretical framework for privacy protection in Australia and the centrality of the concept of \"personal information\" - information from which an individual is \"reasonably identifiable\". It examines the applicability of this legal framework to genomic data and the challenge from the ever-growing risk of identifiability of such data and implications for research participation and researchers' willingness to share genomic data. The article critiques the binary approach underpinning Australian privacy law based on whether data are \"identified\" or \"de-identified\" and highlights the difficulty of applying this distinction to genomic data given their changing status over time. It concludes by examining necessary reforms to provide individuals with more effective privacy protection over their genomic data and which would support data-sharing for genomic research.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 2","pages":"326-344"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139673218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Statutory Standard of Care in Australia and its Application to Experimental Medical Practice. 澳大利亚的法定护理标准及其在实验性医疗实践中的应用。
Journal of Law and Medicine Pub Date : 2023-07-01
Perry Peralta
{"title":"The Statutory Standard of Care in Australia and its Application to Experimental Medical Practice.","authors":"Perry Peralta","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>Clinical innovation is essential in the development and improvement of interventions used to treat medical conditions. In Australia, the States and Territories have statutorily reintroduced the Bolam principle in a modified form which provides a defence for medical practitioners who have practised in a manner that, at the time, was widely accepted in Australia by peer professional opinion as competent professional practice. This article explores whether the standard could be successfully pleaded as a defence by experimental practitioners. In doing so, the obstacles to an experimental practitioner's ability to rely on the statutory defence are analysed. It finds that the standard effectively entrenches established practices without sheltering legitimate efforts to advance medicine.</p>","PeriodicalId":45522,"journal":{"name":"Journal of Law and Medicine","volume":"30 2","pages":"390-409"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139673224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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