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From laboratory to hospital: rethinking the rules for medical research
A hospital treats the patient. A university laboratory prepares the therapy. Why does the laboratory’s address change the rules — and how could research approvals better support their work?
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Just another academic, begging you to read
AI has arrived, and it’s easier than ever to produce summaries of cases, research articles, or anything else that’s hard to read. So, why bother reading at all?
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The health of Australia’s democracy: time to scale up a national conversation
How healthy is Australia’s democracy? Roger Magnusson considers the place of human rights in democratic life and the case for a broader national conversation.
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Innovation down under 2: tobacco endgame strategies in New Zealand (the UK & USA)
Australia and New Zealand have pursued different approaches to tobacco control. This post compares the purpose and design of their recent reforms.
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Inaugural Carney Public Lecture: ‘Australian Social Services Scandals: Towards dystopia? Or equity and justice for the vulnerable?’
In the inaugural Carney Public Lecture, Terry Carney explores the harm caused by social services failures, including Robodebt, and questions of equity and justice.
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Rethinking Australia’s tobacco revenue plunge
Falling tobacco revenue and a growing illicit market have prompted calls to rethink excise. Neil Francey examines the debate and its implications for tobacco policy.
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Two years on from Australia’s bold psychedelic experiment, here are our concerns
Two years into Australia’s medical psychedelic scheme, a patchwork of regulation, unlawful promotion and risks to patients point to the need for improvements.
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Could a national tobacco retail licensing scheme help to combat illicit tobacco in Australia?
Could a national tobacco retail licensing scheme offer a more effective response to illicit trade? Neil Francey examines the case for a coordinated approach.
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Innovation down under 1: what has Australia been doing in tobacco control recently?
Vaping reforms have attracted attention, but Australia has also overhauled its tobacco control laws. Roger Magnusson explains the changes introduced by the 2023 national legislation.
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Tracing Australia’s vaping controls back to source
Australia’s vaping rules changed substantially in 2023–2024. This guide traces the major reforms back to their legislative sources and explains how the framework fits together.
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Paradise at risk: recommendations to control tobacco and alcohol industry interference in Pacific Island Countries and Territories
Tobacco and alcohol industry influence threatens public health across the Pacific. The authors consider how governments can better protect health policy from that interference.
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What is sexsomnia? And how can it be used as a defence in court?
Over the past decade, ‘sexsomnia’ has been used as a defence in a number of Australian sexual assault trials. But how can sexsomnia be proved in court? And what do we know about this rare condition?
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Spill your guts, it could be good 4 u: Three ‘lessons’ doctors can learn from teenage girls
In Olivia Rodrigo’s sophomore album ‘Guts’ (2023), the pop artist centers the ‘messy emotions’ and mistakes she has made growing up. While Rodrigo’s fans have embraced this introspective approach, can medical practitioners learn anything from the process?
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How old’s too old to be a doctor? Why GPs and surgeons over 70 may need a health check to practise
Surging complaints against older doctors has prompted the Medical Board of Australia to propose reforms for this cohort. But haven’t we moved on from set retirement ages? And would this amount to discrimination?
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Legislative restrictions on irreversible surgery on intersex children in the ACT: An unsurprising development?
Over a number of decades, personal autonomy has become a dominant value in Australian medical law. Yet, as new legislation restricting intersex interventions illustrates, the content of personal autonomy is subtly changing.
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A small injection of strictness: The TGA’s clampdown on cosmetic injectables advertising
The Therapeutic Goods Administration (TGA) recently published updated guidance on advertising cosmetic injectables. It’s a reminder that advertising prescription drugs in Australia is prohibited. But what are the issues here?
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The first pig kidney has been transplanted into a living person. But we’re still a long way from solving organ shortages
Reports are increasing of patients receiving xenotransplanted organs under ‘compassionate use’ exemptions. The number of CRISPR/Cas9 genome edits are also increasing. But the science does not yet demonstrate ‘proof of principle.’
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Choosing a new doctor? Earlier sexual misconduct may soon be on the public record
Reports of sexual misconduct by Australian health practitioners against patients continue to increase. Now, Australian health ministers are considering three interesting amendments intended to protect patients from boundary violations.
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Vaping law reform: New South Wales in a federal context
There is a lot of vaping-related law reform activity going on in Australia at the moment. This (long) post reviews NSW vaping laws and provides a baseline for understanding the changes that are underway, both at NSW (State) and Commonwealth level. Background The failure to enforce nicotine control laws, together with ludicrously low penalties, have…
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Let guidelines be your guide: AHPRA and National Boards to reform cosmetic procedures sector
As the guidelines develop, it will be interesting to see how the regulator and Boards attempt to deal with the difficult problem of social media promotion in this very popular sector.
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Browse topics
Health and technology
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Neurorights for computational neurosurgeons
Implanted neural devices promise to relieve enormous suffering, but they also raise questions about privacy, manipulation, and what informed consent can mean for a system that keeps changing. And one day, the neurosurgeons implanting them may need neurorights of their own.
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A ‘regulatory quagmire’? Extracellular vesicle therapies in Australia
Extracellular vesicles hold promise for regenerative medicine and drug delivery. Their path to clinical use presents regulatory challenges as well as scientific ones.
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Chimeric animals: Bioethically questionable but scientifically informative?
A new study published in Cell demonstrates the potential of donated embryonic stem cells to effectively blend with a primate’s cellular DNA, creating a chimeric animal.
Public health law
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Vaping law reform: Protecting the Pacific
Vaping is on the rise and governments are scrambling to respond. Guest authors Sophia Bleakley, Clare Gim and Helen Zhang analyse the issues.
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Strengthening Australia’s smoke and vape-free beach culture (north, and south, of the border)
Keeping beaches smoke and vape-free severs the link between relaxation and nicotine addiction. It says you don’t need to harm your body to enjoy yourself.
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Pokies: joyless, nasty, and on the way out?
Some pubs are removing poker machines. Roger Magnusson considers gambling harm and the case for stronger regulation in NSW.
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Regulating harmful cross-border advertising: can it be done?
How do governments prevent their citizens from being exposed to harmful online advertising which originates outside of their jurisdiction? Such advertising is referred to as cross-border advertising. Advertisers have taken advantage of a digitised, interconnected world to reach broad audiences (including children) across national borders.
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Indigenous Peoples’ Inclusion in Food Governance
For NAIDOC Week, Dr Mark Lock speaks to Dr Belinda Reeve about championing health equity and inclusion for First Nations Australians in food governance.
Case notes
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Teenagers refusing life-saving cancer treatment for religious reasons
Should courts allow minors (<18 years) to refuse life-saving medical treatment for religious reasons? My students don’t all agree that respect for the personal autonomy of a minor who fully understands the consequences of their decision, is all that matters. But many of them do.
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Moral conviction is not standing: Fidge v Pfizer and the Gene Technology Act
In a case interesting for many reasons, Rofe J of the Federal Court of Australia has held it is not an ‘incident of medical practice’ for medical practitioners to challenge alleged offences under law to (putatively) protect patients.
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Proving the “competent professional practice” defence in NSW: Is the law any clearer after Dean v Pope?
Background A health practitioner who is sued for negligence in NSW will avoid liability under s 5O(1) of the Civil Liability Act 2002 (NSW) “if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional…
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The courts’ role in treatment for childhood gender dysphoria: recent updates
In 2020 and 2021, there were significant developments in the courts’ role in treatment for childhood gender dysphoria. The UK case of Bell v Tavistock is well known, but Re Imogen is of more practical importance here in Australia. Both cases illustrate the changing role of the courts in treatment for childhood gender dysphoria, following…
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A triumph for religious freedom, or viral spreading? The US Supreme Court in Roman Catholic Diocese of Brooklyn v Cuomo
During his Presidency, President Trump had the opportunity to appoint three new Justices to the U.S. Supreme Court. In 2017, the acerbic conservative Justice Neil Gorsuch replaced Justice Antonin Scalia; In 2018, Justice Brett Kavanaugh replaced retiring Justice Anthony Kennedy; and In 2020, Justice Amy Coney Barrett replaced Justice Ruth Bader Ginsburg. These three appointments…
Latest comments
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