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Tensions and Traumas in Health Law

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Table of Contents

Foreword by Sheila AM McLean Acknowledgments About the Contributors Table of Cases Table of Statutes Introduction Ian Freckelton and Kerry Petersen PART A: HUMAN RIGHTS ISSUES 1. Health Law and Human Rights: Towards Equality in the Human Right to Health Penelope Weller 2. Aged Care and Liberty Deprivation Kate Diesfeld 3. Mental Health Law Ian Freckelton and Warren Brookbanks 4. Accountability through Litigation: Health Care Justice and Australia's Immigration Detention Program Paula O'Brien PART B: ETHICO-LEGAL ISSUES 5. Ethico-Legal Dilemmas in Clinical Service Delivery: Continuity, Recognition and Relationships in Clinical Service Delivery Grant Gillett 6. Finite Resources and Clinical Care: Rationing Jonathan Herring PART C: GLOBAL HEALTH ISSUES 7. Health Care and International Trade and Investment Thomas Faunce 8. Global Health Belinda Bennett and Belinda Reeve 9. Public Health Law Sonia Allan 10. Transnational Health Care: Regulating the Line Between Hype and Hope in Health Tourism Ian Freckelton PART D: CONSENT ISSUES 11. Cracks in the Lintel of Consent Cameron Stewart 12. Refusal of Potentially Life-saving Treatment for Minors Ian Freckelton and Simon McGregor 13. End of Life Decision-making for (Extremely) Premature or Critically Impaired Infants Neera Bhatia PART E: PRIVACY AND CONFIDENTIALITY ISSUES 14. Health Privacy and Confidentiality Danuta Mendelson and Gabrielle Wolf 15. Genetic Privacy Margaret Otlowski and Lisa Eckstein PART F: REPRODUCTIVE TECHNOLOGY ISSUES 16. Assisted Reproduction: Emerging Technologies, Ethics, Regulation and Practice Sonia Allan 17. Non-Medical Sex Selection: Sliding Down the Slippery Slope? Michelle Taylor-Sands 18. Surrogacy Ronli Sifris PART G: HEALTH RESEARCH ISSUES 19. Commercialisation of Genomic Research: The Issue of Public Trust Christine Critchley and Dianne Nicol 20. Property in Human Biomaterials Imogen Goold 21. Human Embryos, Genome Editing and Future Directions Tess Whitton, Dianne Nicol and Don Chalmers 22. Gene Patents Dianne Nicol 23. Trends and Challenges in Biobanking Jane Kaye, Jessica Bell, Megan Prictor and Megan Munsie 24. Research Fraud by Health Practitioners and the Criminal Law Ian Freckelton and Marilyn McMahon PART H: DEATH AND DYING ISSUES 25. Withholding and Withdrawing Potentially Life-Sustaining Treatment: Who Should Decide? Ben White, Lindy Willmott, Eliana Close and Jocelyn Downie 26. Assisted Dying in Australia: A Values-based Model for Reform Lindy Willmott and Ben White 27. Assisted Dying: Learning from the International Experience Ian Freckelton 28. Organ Donation Anne-Maree Farrell 29. Families in Conflict over their Dead Rosalind Croucher 30. Death Investigation and the Role of the Coroner Ian Freckelton and David Ranson PART I: LEGAL LIABILITY ISSUES 31. Medical Practitioner Liability in Negligence John Devereux 32. Complementary Health Law Jon Wardle 33. The Forensic Role of Health Practitioners Ian Freckelton PART J: REFORM AND REGULATORY ISSUES 34. Health Workforce Conflicts Robyn Fairhall, Debra Griffiths and Kim Forrester 35. Abortion Laws: Criminalisation and Decriminalisation Kerry Petersen 36. Complaint Resolution, Quality Improvement and Public Protection: The Diverse Roles of Australasian Health Complaints Entities Ron Paterson and Joanna Manning 37. Regulation of Health Practitioners Ian Freckelton and Belinda Bennett Select Bibliography **Click here to view detailed Bibliography Index

About the Author

Dr Ian Freckelton QC is a Queen's Counsel in full-time practice throughout Australia. He undertakes trial, appellate and advisory work as a barrister across a range of areas, including administrative, criminal law, health law, personal injury law and commercial law. He has been appointed to 10 statutory tribunals and is currently a member of Victoria's Mental Health Tribunal and of the Coronial Council of Victoria, as well as the federal Medicinal Cannabis Advisory Council. He was previously a member of Victoria's Medical Practitioners Board, Psychologists Registration Board, and Disciplinary Appeals Board. He has been a Commissioner at the Victorian Law Reform Commission. He is a member of the Victorian Bar Council and of the Ethics Committee of the Victorian Bar. Ian is an elected member of the Australian Academy of Law, the Australian Academy of Social Sciences, and the Australasian College of Legal Medicine, and a life member of the Australian and New Zealand Association of Psychiatry, Psychology and Law, having been its transnational President and its Victorian President. He is a Professorial Fellow in Law and Psychiatry at the University of Melbourne, an Adjunct Professor of Forensic Medicine at Monash University, an Adjunct Professor of Law at La Trobe University, and an Adjunct Professor at the Australian Centre for Health Law Research in the Faculty of Law, Queensland University of Technology. Ian is the founding Editor of the Journal of Law and Medicine and the Editor-in-Chief of Psychiatry, Psychology and Law, as well as the author and editor of many books and over 600 peer-reviewed articles and chapters of books on expert evidence, criminal law, medical law, mental health law, criminal injuries compensation law, human rights law, therapeutic jurisprudence, personal injuries law, tribunal practice, and causation.

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