Tensions and Traumas in Health Law

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.

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 et al.


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 et al.


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