Sydney Health Law

Author: rogermagnusson

  • 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…

  • The tricky business of Covid-19 reviews & origins investigations

    Dr Dominic Dwyer, Australia’s member of the WHO-convened Global Study of the Origins of SARS-CoV-2, won’t remember me, but he was generous and helpful when I interviewed him as a PhD student in the early 1990s. His more recent comments to the media illustrate the challenges of attempting to investigate the origins of SARS-CoV-2 as…

  • Reckless, incompetent, outrageous: rogue doctors performing cosmetic surgery still a problem in NSW

    A previous post briefly reviewed the regulation of cosmetic surgery in New South Wales.  This post reviews the decision of the NSW Civil and Administrative Tribunal in Health Care Complaints Commission v Blackstock. Professional disciplinary complaints in NSW First, some background.  In NSW, professional disciplinary complaints against a medical practitioner can be made on a…

  • Improving safety for patients undergoing cosmetic surgery in NSW

    If you’ve ever had work done, or thought about it, the decision of the NSW Civil and Administrative Tribunal in Health Care Complains Commission v Blackstock should send a shiver down your spine. This case is a powerful reminder of how behaviour that constitutes professional misconduct can give rise to professional sanctions, criminal liability, and…

  • Freedom to protest, public health, and Covid-19

    Update: the podcast of the event described below is now available, click here. Recently, a number of protests have taken place on the grounds of The University of Sydney against Commonwealth government education policies.  See, for example, here (28 August) and here (14 October). During the latter protest, police were filmed throwing a demonstrator heavily onto…

  • Rule of law in the Covid-19 response

    The International Development Law Organisation (IDLO) has released a short publication that highlights the role of law in governments’ response to Covid-19.  See here. Established by international treaty in 1988, IDLO is an inter-governmental organisation devoted to upholding the rule of law.  Australia, and the United States, are among its 37 member parties, which span…

  • Vaping: the madness of the British?

    My google search engine thinks Public Health England (PHE) is a vaping organisation. “Vaping organisation UK”.  You can try it yourself. E-cigarettes lie at the centre of PHE’s tobacco control strategy, probably drawing attention and commitment away from alternative strategies for reducing smoking rates. In September 2017, PHE encouraged smokers to “stop smoking with an…

  • Post Covid: alcohol and the night time economy in the Sydney CBD

    Sydney’s CBD has been bleak and empty the past few months, especially at night, but coronavirus restrictions in NSW are slowly easing. From 1 June, pubs, clubs, cafes and restaurants can seat up to 50 customers (instead of the previous 10), provided businesses ensure social distancing of one person per 4 square metres, and no…

  • Who’s in control of Australia’s response to coronavirus? Part 2: Operational responses

    For part 1 of this post, click here. One reason why there is a measure of confusion about operational control during an outbreak of disease with pandemic potential is because of the different functions and responsibilities of the Commonwealth, and the States within a federation. For example, even if the (modest) number of cases meant…

  • Who’s in control of Australia’s response to coronavirus? Part 1: Legal frameworks

    The situation in Australia with human coronavirus is deteriorating. 454 cases so far, and 5 deaths, but cases are rising rapidly.  See here for updates. Globally: 6,800 deaths and rising. Australia’s Chief Medical Officer – Australia’s Director of Human Biosecurity – has advised the Council of Australian Governments (COAG) that gatherings of more than 500…