The course examines the regulation of health care in Australia, involves analysis and development of moral and bioethical argument about the development of health law in Australia, and addresses the principal human rights issues which arise in the practice of health care law.

The course begins with an overview of the Australian health system and its constitutional and legislative framework. Emphasis is placed on the concepts of medical ethics, patients' rights and efficiency and safety in health care including healthcare whistleblowing. Particular topics which are covered include: confidentiality, consent, negligence, accountability, health records, expert evidence, research and experimentation, organ donation, emergency treatment, intensive care, abortion, safety and cost effectiveness regulation of pharmaceuticals and new medical technologies, nanomedicine and biotechnology regulation, stem cells and medical research, new reproductive technologies, and death and dying. Consideration is also given to the law relating to mental health and public health, as well as the impact of international trade agreements on access to essential medicines and Australia's Pharmaceutical Benefits Scheme.

 At the conclusion of this course students should be able to:

• demonstrate an understanding of the core principles of medical ethics, health law (including tort law, equity, constitutional law, property law and public health legislation) and international human rights with respect to issues concerning health delivery and the doctor-patient relationship
• construct a proposition of law established by case law
• demonstrate the capacity to calibrate a principle or rule of health law against norms of medical ethics and international human rights
• identify the relevant legal issues that arise on a given set of facts
• make arguments about the way in which those legal issues are likely to be resolved, noting contrary arguments and their strengths
• provide case authorities for propositions of law that they use in those arguments
• apply case law and legislation to a given set of facts
• where applicable, distinguish the facts in decided cases from those in a given set of facts and build this into argument
• structure an answer to a problem question in a logical and effective way
• comment critically on the outcome and reasoning in cases studied during the course and identify the considerations of policy that may underpin them.
• demonsrate a capacity to discern the appropriate principles applicable to topical health law issues from newspapers, television and other media
• demonstrate a willingness to develop conscience and a "world view" with which to systematically approach complex bioethical issues such as abortion, euthanasia, corporate globalisation and whistleblowing
• demonstrate a capacity to prepare work prepared for the course for publication in refereed journals; this is an optional assessment item and an alternative to the moot, or
• demonstrate a capacity to utilise advocacy skills cross-examining "expert" witnesses drawn from ANU Medical School students, in the famous Uqbar Medico-Legal Supreme Court held yearly (now in its 10^th year) in the ACT Supreme Court before judges of that Court.

Draft academic article (essay) (2000 words) or participation in a medico-legal moot in the ACT Supreme Court or ACT Magistrates Court with medical students from the ANU Medical School - 45 per cent and end of course examination (45 per cent). 10 per cent class participation based on demonstration of above learning outcomes in face-to-face situation. Details of final assessment will be provided on the course home page by the first week of semester.

Contact Hours: Three hours per week (lectures will be taped in accordance with flexible learning policies).  One hour pre-reading per lecture.

Completed or completing five LAWS courses at 1000 level.

Please refer to the course home page.

A reading guide will be available on the course web page and will relate to the materials.

The course draws on almost every main area of law in so far as they have bearing on the health care system, particularly tort, contract, criminal, family, child, human rights and competition law. It raises matters discussed in Lawyers, Justice and Ethics, Legal Theory, Feminist and Critical Legal Theory, Australian Public Law and Human Rights Law in Australia.