Year
2012
Units
4.5
Contact
1 x 5-day intensive workshop per semester
Enrolment not permitted
HSMT9010 has been successfully completed
Course context
Topic only available to students meeting the eligibility requirements for entry to the postgraduate health administration programs.
Assessment
Assignments; Tutorial participation
Topic description
This topic provides an introduction to principles of legal reasoning and to the legal system in Australia. It surveys most of the important current frameworks, issues, and questions in health law. Although focused on Australian law, reference will be made to international materials. For students who have not had legal training, the topic assumes no legal knowledge and has relevance to a broad cross-section of health professionals. Students who have had legal training will also be expected to develop advanced skills in research and writing on health law topics.

The Syllabus includes:

  • The legal system; Precedent; Case analysis; Statutory interpretation.

  • Legal research: primary sources; secondary sources; books in the library; internetresearch.

  • Management of patient and client information.

  • Negligence; intentional torts.

  • Medical ethics; Reproductive technology and abortion; Life and death issues; Health professionals in the courts; Disciplinary proceedings.

  • Working within the law; Contractual issues; Workplace law issues; Statutes controlling health services delivery; Mechanism of law reform.

Educational aims

  • To develop students' understanding of the nature and importance of the constitutional and legal framework in which the health system operates.

  • To inform students about the specific laws which impact upon health service management and delivery including the legal duties that health services and professionals have to clients.

  • To develop skills in legal research and writing.

  • To develop an appreciation of the law as an expression of policy in health as well as a set of rules.

Expected learning outcomes
On completion of the topic it is anticipated that students will be able to understand and to comment critically on:

  • principles of legal reasoning and their relevance in areas of health law and population health.

  • features of the Australian legal system and how they influence the practice of healthcare.

  • prominent issues in health law.

It is also anticipated that they will have the skills to research and write on health law topics.