units

LAW5428

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

City (Melbourne)

  • Term 2 2016 (On-campus block of classes)

Synopsis

This unit provides a comprehensive introduction to, as well as critical analysis of, key issues in the study of health regulation, case law and policy in Australia. Topics covered in the unit may include introduction to the regulatory framework of the Australian health system; public health law; the law of consent to, and refusal of, medical treatment; access to, privacy and confidentiality of medical records; abortion; regulation of assisted reproductive technologies; regulation of human biological materials (organs, blood, tissue); regulation of (emerging) health technologies; crime and healthcare; patient redress and quality and safety in healthcare. The contemporary nature of the unit means its content will change from time to time, as will the emphasis placed on certain topics.

Outcomes

Upon completion of this unit, students should:

  1. have a good understanding of key aspects of the regulatory framework of the Australian health system;
  2. understand key aspects of health regulation, case law and policy in Australia;
  3. be able to analyse and critically comment on a number of specific challenges and current areas of debate in health regulation, case law and policy in Australia;
  4. be able to critically evaluate the strengths and weaknesses of key areas in health law in Australia;
  5. be able to understand, evaluate and apply policy arguments for and against reform of key areas in health law in Australia;
  6. be able to identify or find the relevant principles, regulation and case law and apply them to resolve issues that arise in health law in Australia;
  7. further develop legal research, writing, and legal argument skills in the area of health law in Australia; and
  8. further develop oral skills in legal argumentation in class discussions.

Assessment

1. Research assignment (3,750 words): 50%
2. Take-home examination (2,250 words): 30%
3. In-class presentation: 10%
4. Class participation: 10%

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)

Janine Mcilwraith