• Offered by ANU Law School
  • ANU College ANU College of Law
  • Classification Advanced
  • Course subject Laws
  • Areas of interest Law, Health
  • Academic career PGRD
  • Mode of delivery In Person
  • Offered in Winter Session 2020
    See Future Offerings

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:

  1. 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;
  2. 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;
  3. 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
  4. 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 enquiries.law@anu.edu.au to request a permission code to enrol.

Indicative Assessment

  1. Research Paper (80) [LO 1,2,3,4]
  2. Lead an online discussion of a question (10) [LO 1,2,3,4]
  3. Respond to an online discussion (10) [LO 1,2,3,4]

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

Approximately 26 hours of face to face teaching, usually taught as an intensive. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.  

Click here for the LLM Masters Program timetable.

Inherent Requirements

Not applicable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SEVNL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL), Master of Legal Practice (MLEGP), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL); OR Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five 1000 level LAWS courses or five 6100 level LAWS courses; OR Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8586 Law and Legal Institutions; OR Master of Military Law (MMILL); OR Juris Doctor - online (MJDOL) and have completed LAWS8712 Australian Public Law & International Law B. Students undertaking any ANU graduate program may apply for this course. Enrolments are accepted on a case-by-case basis. Please contact the ANU College of Law for permission number.

Prescribed Texts

Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.

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
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

Winter Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
6690 17 Aug 2020 TBA TBA 02 Oct 2020 In Person N/A

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