To provide an updated guide to the ethical, common law and statutory obligations of health care providers, particularly in the ACT, and an understanding of the major contemporary areas of controversy involving bioethics, public health law and medicine in the context of pressures created by corporate globalization.
The main emphasis will be on a practical approach to issues such as: the constitutional basis of Australian health law, virtue and principle-based approaches to the doctor-patient relationship, the basic law of doctor and patient, consent, disclosure of material risk (including recent high court decisions), confidentiality and access to medical records, misconduct and complaint proceedings, negligence in diagnosis and treatment and the withdrawal, withholding and refusal of medical treatment.
The course will also discuss legal issues involved with euthanasia, wrongful birth and wrongful life actions, abortions, the new reproductive technologies, gene therapy, genetic screening, human reproductive cloning, DNA forensic data bases, managed care and human medical research and will provide selected references for any subsequent research in these areas.
One particular area of focus will be the impact of international trade agreements on access to medicines in Australia, including the influence of the Australia-United States Free Trade Agreement ('AUSFTA') on the cost-effectiveness mechanisms utilized under Australia's Pharmaceutical Benefits Scheme ('PBS').
Upon successful completion, students will have the knowledge and skills to:By the conclusion of this course, it is intended that students who have successfully completed all the course requirements will be able to:
- Explain, distinguish and evaluate their conceptual understanding of the legal and practical issues that are peculiar to Australian health law, in particular ACT health law and international health law;
- Identify, critically analyse and apply legal principles of bioethics and health law and legislation to complex legal issues and problems arising in the practice of healthcare by health care providers;
- Identify, critically examine and analyse complex health and bioethics issues to identify and apply principles and provide solutions to manage complex matters arising in healthcare for patients, health policy and society; and
- Independently plan and execute a research project to demonstrate complex legal research principles and methodologies in applying critical analysis and application of legal principles and practice in complex health and bioethics matters.
Other InformationThis is an intensive course with a 4 day compulsory intensive (see LLM timetable for dates).
Approximately 6 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.
Indicative AssessmentAssessment for this course will likely consist of:
- Research Paper 80%
- Lead an online discussion of a question 10%
- Respond to an online discussion 10%
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload26 hours of face to face teaching (4 day intensive). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
Click here for the LLM Masters Program timetable
Requisite and Incompatibility
Prescribed TextsThe prescribed text for this course is:
- TA Faunce: Who Owns Our Health?: Medical Professionalism, Law and Leadership Beyond the Age of the market State (UNSW Press 2007)
Preliminary ReadingHighly recommended reading is:
- Kerridge, Lowe and Stewart, Ethics and Law for the Health Professions 4th ed. 2013.
Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.
An e-brick will be available on the Wattle course site.
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
Offerings and Dates
|Class number||Class start date||Last day to enrol||Census date||Class end date||Mode Of Delivery||Class Summary|
|9720||13 Nov 2017||13 Nov 2017||24 Nov 2017||28 Dec 2017||In Person||N/A|