In this course, you will analyse the advanced applications of bioethical, common law, statutory and international law and trade obligations upon health care systems, patients, health care providers, administrators and policy makers in both Australian and global context. The course utilises illustrative references to medical humanities including literature and philosophy
In this course you will develop your knowledge and understanding of major contemporary areas of controversy in Australian and global bioethics and health law, such as:
1. Constitutional basis of Australian health law (including the quarantine power and the civil conscription prohibition for medical services)
2. Ethical, legal and human rights basis of the doctor-patient relationship
3. Negligence in diagnosis and treatment including non-disclosure of material risk (through analysis of recent high court decisions)
4. Confidentiality and access to medical records
5. Misconduct and complaint proceedings,
6. Withdrawal, withholding and refusal of medical treatment, Euthanasia, ,
7. Abortion, wrongful birth and wrongful life actions and new reproductive technologies (surrogacy, artificial womb), gene therapy, genetic screening, human reproductive cloning
8. Health care whistleblowing
9.Pubic v Private policy debate in health care- insurance, Medicare , Pharmaceutical benefits Scheme, US-style managed care
10. World Health Organisation International Health Regulations (for pandemics)
11. Regulation of human medical research
12. Impact of international trade agreements on access to health services and medicines in Australia (focus on AUSFTA and TPPA)
13 Issues concerning vulnerable populations- Third World, Aboriginal, Transgender and Intersex issues
14. Regulation of Planetary Medicine including Global Artificial Photosynthesis
Learning Outcomes
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 Information
This 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.
Students studying the Master of Culture Heritage and Medicine and Master of Culture Heritage and Medicine (Advanced) will need to contact pgadmin.law@anu.edu.au to request a permission code to enrol.
Indicative Assessment
Assessment 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.
Workload
26 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 Texts
The 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 Reading
Highly 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.
Fees
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:
- 3
- 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.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2018 | $3660 |
- International fee paying students
| Year | Fee |
|---|---|
| 2018 | $5160 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Spring Session
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 9724 | 12 Nov 2018 | 12 Nov 2018 | 23 Nov 2018 | 27 Dec 2018 | In Person | N/A |