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Some recent cases on s 5O of the Civil Liability Act 2002 (NSW)
Section 5O of the Civil Liability Act 2002 (NSW) (CLA) introduced a modified version of the Bolam principle into the law of civil liability in NSW, extended to professionals other than medical professionals (the original subject of the principle). The effect of s 5O(1) is that a court is prevented from making a finding of…
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First, protect the child, then worry about the penitent sinner: South Australia’s new mandatory reporting legislation
South Australia is on a collision course with the Catholic Church hierarchy following passage of the Children and Young People (Safety) Act 2017. Chapter 5, Part 1 (ss 30-31), deals with reporting of suspicion that a child or young person may be at risk. These sections come into effect on 22 October 2018, and impose…
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Public health law in the USA: What can Australia learn?
SEMINAR ANNOUNCEMENT: Public Health Law and Health Leadership in the United States: What can Australia learn? Thursday 19 July, 6.00-7.30pm, Sydney Law School In 2016, life expectancy at birth in the United States fell for the second year in a row. Since his inauguration in 2017, President Trump and his administration have taken a number…
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Trump: the war on breastfeeding
The New York Times reports that US officials threatened to unleash trade sanctions and withdraw military aid from Ecuador unless it withdrew a resolution at May’s World Health Assembly calling on governments to “protect, promote and support breast-feeding”. The article is worth reading in its entirety. As the father of a currently breastfeeding infant, I…
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Cracking the Codex: the new frontier for nutrition labelling
Previous Alexandra Jones, Global health lawyer and PhD Candidate at The George Institute for Global Health and the University of Sydney Dr Anne Marie Thow, Senior Lecturer in Health Policy at the University of Sydney Dr Carmen Huckel Schneider, Senior Lecturer, Health Policy at the University of Sydney and co-lead of the Health Governance and Financing Group and…
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Sparks v Hobson must go to the High Court: here’s why
In NSW, Section 5O of the Civil Liability Act provides a defence to a doctor or health professional who is defending a negligence claim. Under s 5O, a person will not be liable “if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted…
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What becomes of a country that cannot protect its young?
March for our lives, Washington DC, 24 March 2018 It’s too early to say if the grassroots social movement initiated by students who survived the gun massacre at Stoneman Douglas High School in Parkland, Florida will be successful in nudging America’s gun laws in the direction of rationality and evidence. After killing 17…
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Santa, Coke and Christmas: Why we need legislative restrictions on unhealthy food marketing to children
Laws in many countries prohibit false and misleading advertising. The recent case of ACCC v Heinz (which I discussed in a blog post last week) shows how these laws can knock out false and misleading food advertisements. But what about the perfectly legal promotions for unhealthy foods and beverages that fill our TV screens, social…
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ACCC v Heinz: A significant win for public health
In a significant victory for public health, Australia’s Federal Court has held that Heinz engaged in misleading and deceptive conduct in the marketing of a snack food targeted to toddlers (ACCC v Heinz [2018] FCA 360). The case should be seen as a win for public health not just because of the final outcome, but…
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NSW Law Reform Commission recommends far-reaching reform of guardianship legislation
In 2016, the New South Wales Law Reform Commission was asked to review the Guardianship Act 1987 (NSW), having regard to UN Convention on the Rights of Persons with Disabilities and a variety of other matters. With the submission date for comments on the draft proposals now closed, we look forward to the final report. The Commission’s…
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A Foundation for a smoke-free world…funded by a cigarette multinational: more smoke and mirrors?
The Swiss like butter on both sides of their toast. Headquartered in Lausanne, half an hour’s train ride from the World Health Organisation in Geneva, you’ll find the headquarters of the world’s most profitable tobacco company, Philip Morris International (PMI). Makers of Marlboro and other global brands. A few years ago, at the end of…
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IVF stuff-ups and tort liability for loss of genetic affinity
Most of us know Singapore for its excellent airport, excellent food and other diversions. But a recent decision of Singapore’s Court of Appeal, ACB v Thomson Medical, deserves attention. The case is noted here. In this case, a mistake was made in the process of an in vitro-fertilisation procedure involving a Singaporean Chinese woman and…
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Upcoming events: The Food Governance Showcase
On Friday the 3rd of November, Sydney Health Law is co-hosting the Food Governance Showcase at the University of Sydney’s Charles Perkins Centre. The Showcase will present new research from University of Sydney researchers and affiliates, examining the role of law, regulation and policy in creating a healthy, equitable, and sustainable food system. The Showcase…
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Announcement: Sydney Law School, QUT combine in hosting health law masterclass
Sydney Health Law, the focal point for health law teaching and research at Sydney Law School, and the Australian Centre for Health Law Research at QUT, are co-hosting a health law masterclass at Sydney Law School on Friday 6 October, 9.00am-4.00pm. Click here for registration, and a preview of the program and of the presenters.…
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Liability for failure to effectively manage morbidly obese patients: it’s time to look again at Varipatis v Almario – here’s why
What should a GP do with a morbidly obese patient who is in denial about their weight problem? Although it involved a complex set of facts, it’s time to revisit Almario v Varipatis (No 2) [2012] NSWSC 1578, reversed on appeal (Varipatis v Almario [2013] NSWCA 76). Doctors should take no comfort in the fact…
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Excluding bottled water, only 1.3% of food and beverage advertising across the Sydney train network is consistent with a healthy diet
New research from the Boden Institute of Obesity, Nutrition, Exercise & Eating Disorders at the University of Sydney, and Sydney Law School, has investigated the quality of nutrition of food and beverage advertising on every station of Sydney’s metropolitan train network. Judged by revenues, outdoor advertising of food, on billboards and other advertising spaces, is…
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Queensland’s Healthy Futures Commission
Health promotion in Queensland could receive a turbo-boost if the Healthy Futures Commission Queensland Bill 2017 is passed. This Bill illustrates a sometimes neglected aspect of public health law: use of law to build new institutions, to encourage partnerships, and to create a clear legislative mandate to address health challenges. The Healthy Futures Commission was an…
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Upcoming events: Engaging with Advocates
On Friday the 28th of July, Sydney Health Law is hosting Engaging with Advocates, along with the Food Governance Node and the Healthy Food Systems Node at the Charles Perkins Centre. This event aims to connect early career researchers with leading civil society advocates in order to foster collaboration and increase the impact of research. Representatives…
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“Clear the Air: Stronger Vaping Laws for a Healthier NSW” New South Wales (NSW) must take urgent action to align…