Category: Uncategorized
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The Callinan inquiry into Sydney’s lock-out laws
A few questions came to mind when I read that former High Court Justice Ian Callinan had been appointed to head the independent inquiry into amendments to NSW’s liquor licensing laws, including the controversial lock-out laws”. Mr Callinan was a member of the High Court when it decided, by a 3:2 majority, that hoteliers owe…
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Are these photos the pointy end of tobacco control? Or just another example of what the tobacco industry does best?
If the e-cigarette industry in Australia has a martyr, his name is probably Vince van Heerden. More about him in a moment. Advocates for e-cigarettes claim that they are a healthier alternative to smoking, and provide a ray of hope for desperately addicted smokers. However, before you make up your mind, look at how e-cigarettes…
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Advancing global and national health security: lessons from SARS and MERS to Ebola and Zika
Public seminar announcement Over the past decade, the world has faced a series of global health crises involving contagious diseases with pandemic potential. From novel influenzas (H5N1 and H1N1), coronaviruses (SARS, and MERS) to the Ebola and Zika viruses, governments and international organisations have struggled to act quickly and decisively. The consequences loom large in…
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How should we talk about weight?
In a lot of ways, I’m reluctant to publish this blog post. It’s not a topic I’m an expert on, and academics are generally cautious about writing on something they haven’t researched, due to the fear of being shredded by someone with a PhD and 20 years’ experience in the field. I’m also worried…
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Democracy is not a spectator sport: more on campaign finance and public health
In October 2015, at the Oceania Tobacco Control Conference, Professor Mike Daube, one of Australia’s best-known public health advocates, gave the closing address. He wore a tie given to him some years ago by an American colleague. It read: “Democracy is not a spectator sport”. On the back were the words: “Made exclusively for Philip…
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Campaign finance: a neglected public health issue
Enjoying the Australian election? Of course you aren’t. But campaign finance and political donations are a neglected public health issue. A few years ago I asked the Chairman of an Australian tobacco company “Why do you do it? Why give political donations at all?” “[F]or the same reasons as Westfield or anyone else”, he answered. …
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Some upcoming events
Have you ever thought about refreshing your qualifications by studying postgraduate law at Sydney Law School? On Tues 31 May 2016, Sydney Law School is holding its Postgraduate Information Evening. This is an opportunity to talk to Law School academics about options for postgraduate study, including the Master of Health Law program, individual units of…
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California raises the minimum purchase age for cigarettes and e-cigarettes
Last week was a big week for those who think the law should have a role in helping to reduce the 6 million deaths caused each year by tobacco. First, tobacco taxes In 2013, the Rudd government announced a 12.5% increase in the tobacco excise to take effect over 4 years: 1 Dec 2013; 1…
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Donors and recipients of embryos and eggs – what happens when the relationship breaks down?
Credit: Shutterstock NSW Health has begun an investigation into allegations published last week by Fairfax media that the recipient of a donated embryo covered up the fact of her successful pregnancy in order to mislead IVF Australia and sever ties with the embryo donors. Natalie Parker and her husband had three spare embryos left over…
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When the tobacco industry dumps cheap eastern European ciggies on the Australian market, it’s time to impose mandatory reporting of sales data
Fairfax media reports that Australian supermarkets – Coles, IGA, Foodworks – are selling cut-price smokes. Not surprised. Supermarkets – including Coles and Woolworths – are among Australia’s largest tobacco retailers; they also offer discounts for alcohol in the co-located alcohol chains they own. When I hear supermarket spin-doctors talking about their commitment to health, it…
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A short review of the NSW Government’s “one-punch” alcohol control reforms
In February 2016, former High Court Justice the Hon. Ian Callinan AC QC was appointed by the NSW Government to review the effectiveness of the “lockouts” and the 3am liquor sales cessation period on the Sydney CBD entertainment precinct, the Kings Cross precinct, and potential displacement areas. Mr Callinan will also consider the impact of…
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ABAC Complaints Panel won’t consider complaint about Diageo Australia spamming 3 year-old with Bundaberg Rum video-advert
It’s official. Spamming children with alcohol advertisements does not breach the ABAC Code, the alcohol industry’s swiss-cheese voluntary standard for alcohol advertising regulation. The Chief Adjudicator of the ABAC Complaints Panel has ruled that the Panel will not consider a complaint about Diageo Australia spamming a 3 year-old with a Bundaberg Rum video-advert when she…
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WHO Commission on Ending Childhood Obesity presents final report and recommendations
The World Health Organisation’s Commission on Ending Childhood Obesity, appointed by WHO Director-General Dr Margaret Chan in 2014, has now formally presented its final report. The Commission was co-chaired by Sir Peter Gluckman, the Chief Science Advisor to the Prime Minister of New Zealand, and Dr Sania Nishtar, the founder and President of Heartfile, a…
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Victoria’s new “safe access” law for abortion services
When I lived in inner Melbourne I often saw anti-abortion protestors picketing one particular medical practice on Swanston Street that provided abortion services. On a number of occasions I would see a car pull up and (what looked to be) a teenage girl hopping out, trying to shield her privacy with a jacket held over…
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ABAC didn’t ignore your complaint, we were just being incompetent, says Advertising Standards Bureau
A few days ago, DrinkTank re-published a post from Sydneyhealthlaw about the failure of the ABAC Complaints Panel to respond to a complaint about Diageo streaming a liquor ad at a 3 year-old. DrinkTank ’s post was brought to the attention of the folks at ABAC and the Advertising Standards Bureau (ASB) . If you want to…
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ABAC Complaints Panel fails to respond to complaint about Bundaberg Rum advertisement streamed at 3 year old
In an earlier post I showed photos of an Australian alcohol company, Diageo Australia, spamming my 3 year old daughter with an advertisement for Bundaberg Rum when she clicked on a YouTube video of Dora the Explorer. I saw this as an important public interest issue, so I decided to follow it up. Here’s what’s…
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Santa: jolly gift giver, or creeping trespasser?
In honour of the silly season, I’m taking a break from health law to venture into torts, another area that I teach into. This post is dedicated to all the hard-working students in my torts tutorial groups, and to anyone who’s ever wondered…. Can we sue Santa? Christmas. The most wonderful time of the year.…
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We need to separate the neuroscience hype from the reality
This article by Sascha Callaghan and Allan McCay, was published in the Sydney Morning Herald, 30 November 2015. Oregon serial killer Dayton Leroy Rogers was recently sentenced to death for the fourth time, after a strongly argued case that the sentence should be reduced to life in prison. Rogers’ lawyer argued that scans indicated damage to…
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ACCC fines Uncle Tobys for false and misleading statements
A reminder last week about the important role that consumer protection laws play in public health, and in holding – in this case – a food manufacturers accountable. Cereal Partners Australia, which owns the Uncle Tobys brand, has paid a penalty of $32,400 imposed by the Australian Competition and Consumer Commission for allegedly making false…
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Vodka and Vita Brits: will the alcohol industry successfully reverse the 10pm closing time for bottleshops, and other alcohol retail restrictions?
People sometimes say that the law is a blunt instrument. Roughly translated, what they often seem to mean is “I don’t like this law”. The comment holds a measure of truth. When the law tries to address social problems, it can sometimes have unintended consequences. For example, it may place regulatory burdens on innocent parties,…
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