ANZIHLE Publications
Click on the Publications Order Form tab on the left of the screen for information on how to order any of these publications.
A. Issues Papers
1) "Access to Medical Records"
by Bernadette McSherry
In Breen v Williams, the High Court of Australia unanimously held that under the common law, a patient does not have a right of access to inspect and/or obtain copies of his or her medical records. The author outlines the facts and judgments in Breen's case, then examines the arguments for and against creating a legislative right of access to medical records. She then provides an overview of how legislation in this regard could be drafted along the lines of existing statutory regimes in the United Kingdom and New Zealand.
2) "The Euthanasia Debate in Australia - Legal and Political Issues"
by Natasha Cica
Much has been written about the moral issues relating to euthanasia. This paper does not take position on these issues, but instead explores some of the legal and political implications of the Rights of the Terminally Ill Act 1995 (NT) and the Private Member's Bill which seeks to override that Act. The author argues that the debate about euthanasia must be conducted with meticulous observance of procedural as well as substantive issues and that proper attention should be paid to the drafting weaknesses of the Private Member's Bill. She also examines various political problems currently clouding the debate on the proposed legislation.
3) "The National Childhood Immunisation Campaign - Ethical Issues"
by Dr Michael Walsh
Immunisation is a topic which has provoked heated debate in Australia in recent times. This paper outlines the arguments for and against immunisation and then identifies and explains some important ethical questions for consideration. It suggests that clarity of reasons and accuracy of information are indispensable elements in working towards a resolution of the debate.
4) Special Edition
"Patients and Their Doctors"
by Professor Louis Waller
This special edition of AIHLE's Topics for Attention Issues Papers contains a revised version of a paper by Professor Louis Waller AO which was delivered to members of the Victorian branches of AIHLE and the Australian and New Zealand Association of Psychiatry, Psychology and Law in Melbourne in May 1997. Professor Waller has been a central figure in the field of health, law and ethics in Australia. This paper sparked many discussions after it was delivered and we are very pleased to present it now in written form to a wider audience.
5) "Advance Directives"
by Ian H Kerridge, John McPhee, Michael Lowe and Brendan Flynn
This paper explores the legal issues relating to the use of advance directives for health care. In an ageing society this particular topic is one which needs immediate attention. The authors provide a general overview of existing laws concerning advance directives, then explore some difficulties with the clinical application of advance directives.
6) "Law and Public Health"
by Colin Thomson
Whenever there is an outbreak of food poisoning or concerns expressed about the link between certain illnesses and environmental damage, calls for regulation are made in 'the interests of public health.' Just what the term 'public health' means is exceptionally difficult to pinpoint. This issues paper offers a schematic way of understanding how law and public health are related in contemporary Australia. It outlines five modes of public health action and explores the issues concerning the relationship between law and public health which arise in each mode.
7) "Telemedicine: Negligence Revisited"
by Julianne Fitzsimon
Telemedicine is a fast developing means by which individuals and communities may gain access to national and international medical expertise despite health professionals and patients being in different geographical locations. In 1997, the Federal Government conducted an Inquiry into Health Information Management and Telemedicine and it is therefore timely to consider some of the legal issues which may arise in the provision of telemedicine. This paper outlines the impact that telemedicine may have on claims of medical negligence.
8) "Practical Wisdom in Medical Ethics"
SPECIAL EDITION
By Emeritus Professor Max Charlesworth
This is the second special edition of AIHLE's Topics for Attention series of Issues papers. The special editions are so-called because they are written by eminent Australian scholars who have built up a formidable reputation in the field of health, law and ethics. Professor Max Charlesworth is a philosopher and Emeritus Professor at Deakin University, Victoria. He has been a member of a number of government committees in the sphere of bioethics. He gave the ABC Boyer Lectures for 1989 under the title, Life, Death, Genes and Ethics and is the author of Bioethics in a Liberal Society (Cambridge University Press, 1993). In this paper, he argues that decision-making in the field of health is always "political" in the sense that it involves negotiating between competing or conflicting values and interests.
9) "DNA in Forensic Fingerprinting and Databases: Implications for
Medical Loyalty"
By Dr Thomas Faunce
This paper analyses the issues concerning the forensic use of DNA in both "fingerprinting" and databases from the perspective of a doctor "attempting fidelity to patient good". It provides an overview of techniques for extracting DNA and how medical loyalty may be affected in relation to ensuring technical accuracy of the techniques involved and in relation to protecting the privacy and human rights of patients.
10) "Death, Dying and Donation: Organ transplantation and the diagnosis
of death"
By Ian Kerridge, Michael Lowe, John McPhee, Peter Saul and David Williams
Brain Death is now widely accepted in Western Countries. The support for it is now so entrenched among advocates of transplantation that attempts to question the validity of this concept are resisted on the ground that such debate may endanger the supply of organs. However, this paper argues that the current concepts that underlie brain death are not biologically plausible, may be unacceptable to the community at large and are inconsistent with the present legal framework.
11) "Justifying Post-Mortem Tissue Use: Ethico-Legal Foundations"
By Danny Sullivan
12) "Genetic Screening Tests: Whose risk is it?"
By Victor Harcourt
13) "The Changing Face of the Australian Health Care System - New
Frontiers for Legal Liability?"
By Hugh King and Tiffany Wong
14) "Public Interests and the Right to Die: Compelling reasons for overriding the right to self-determination" By Cameron Stewart
Price: $5.50 each for members (most recent issue and future issues, first copy free)
$11.00 each for non-members
Note: New members receive one copy of the most recent issues paper and one copy of future issues papers free. Back issues and additional copies are available to members.
B. Conference Proceedings
AIHLE's First Annual Conference 1996
The Politics of Health
Price: $33.00 each
AIHLE's Second Annual Conference 1997
Public Health and Private Risk
Price: $33.00 each
AIHLE's Fourth Annual Conference 1999
Medical and Allied Health Professions Power and Accountability
Price: $27.50 each in CD-Rom Format
See "D. Journal of Law and Medicine Special Issue..." (below) for information on proceedings of AIHLE's 3rd Annual Conference (1998). For information about papers and proceedings from AIHLE's 5th (2000), 6th (2001), and 7th (2002) Annual Conferences, click here.
C. Public Health Law in Australia: New Perspectives
This publication is the result of a collaborative effort in the ongoing dialogue about the laws required to provide effective population health services and activities. The papers in the publication have arisen from a series of workshops focusing on public health held by AIHLE in 1997.
Price: $33.00 each
D. Journal of Law and Medicine Special Issue: The Costs of Health
Proceedings of AIHLE's Third Annual Conference 1998
The "costs of health" is an issue that surfaces constantly in the media. Fears of spiralling costs due to an ageing population, the development of innovative medical technology and increasing consumer expectations have led governments to examine ways of controlling health services to minimise costs. However, the "costs of health" goes much further than simple financial costs. There are also social, ethical, legal and psychological costs associated with health care and its management.
In October 1998 the Australian Institute of Health, Law and Ethics (AIHLE) conference in Melbourne explored the costs associated with health care in Australia and New Zealand. This special edition of the Journal comprises some of the revised papers given at that conference along with some specially commissioned articles.
Please Note: This issue can be purchased for $87.50, plus postage and handling directly from the Law Book Company ONLY. Phone 1800 650 522
E. ANZIHLE on line
More information about ANZIHLE is available on our website. The address is: www.anzihle.org (Looks like you've found us!)