Protecting whose welfare? A document analysis of competition regulatory decisions in four jurisdictions across three harmful consumer product industries.

Background And Methods: Competition regulation has a strong influence on the relative market power of firms. As such, competition regulation can complement industry-specific measures designed to address harms associated with excessive market power in harmful consumer product industries. This study aimed to examine, through a public health lens, assessments and decisions made by competition authorities in four jurisdictions (Australia, South Africa, the United States (US), and the European Union (EU)) involving three harmful consumer product industries (alcoholic beverages, soft drinks, tobacco).

Facilitating Safe Access to Health Care through Legislative Reform - The Australian Experience.

The realisation of the right to health is vulnerable to the interventions of strangers, acting on the belief that certain health care should not be permissible under the law or accessible in practice. In Australia, the key arena for such interventions has been abortion services. Drawing on empirical research undertaken by the authors, this article examines the impact of these interventions and the effectiveness of "safe access zone" laws that now operate nationwide to constrain them.

"Uninsurable because of a genetic test": a qualitative study of consumer views about the use of genetic test results in Australian life insurance.

Genetic testing can provide valuable information to mitigate personal disease risk, but the use of genetic results in life insurance underwriting is known to deter many consumers from pursuing genetic testing. In 2019, following Australian Federal Parliamentary Inquiry recommendations, the Financial Services Council (FSC) introduced an industry-led partial moratorium, prohibiting life insurance companies from using genetic test results for policies up to $AUD500,000. We used semi-structured interviews to explore genetic test consumers' experiences and views about the FSC moratorium and the use of genetic results by life insurers.

Secondary use of genomic data: patients' decisions at point of testing and perspectives to inform international data sharing.

International sharing of genomic data files arising from clinical testing of patients is essential to further improve genomic medicine. Whilst the general public are reluctant to donate DNA for research, the choices patients actually make about sharing their clinical genomic data for future re-use (research or clinical) are unknown. We ascertained the data-sharing choices of 1515 patients having genomic testing for inherited conditions or cancer treatment from clinical consent forms.

Financial Advisers' and Key Informants' Perspectives on the Australian Industry-Led Moratorium on Genetic Tests in Life Insurance.

Introduction: Genetic discrimination (GD) in the context of life insurance is a perennial concern in Australia and internationally. To address such concerns in Australia, an industry self-regulated Moratorium on Genetic Tests in Life Insurance was introduced in 2019 to restrict life insurers from using genetic test results in underwriting for policies under certain limits. Financial advisers (FAs) are sometimes engaged by clients to provide financial advice and assist them to apply for life insurance.

Community concerns about genetic discrimination in life insurance persist in Australia: A survey of consumers offered genetic testing.

Fears of genetic discrimination in life insurance continue to deter some Australians from genetic testing. In July 2019, the life insurance industry introduced a partial, self-regulated moratorium restricting the use of genetic results in underwriting, applicable to policies up to certain limits (eg AUD$500,000 for death cover).We administered an online survey to consumers who had taken, or been offered, clinical genetic testing for adult-onset conditions, to gather views and experiences about the moratorium and the use of genetic results in life insurance, including its regulation.

Health professionals' views and experiences of the Australian moratorium on genetic testing and life insurance: A qualitative study.

Australian life insurance companies can legally use genetic test results in underwriting, which can lead to genetic discrimination. In 2019, the Financial Services Council (Australian life insurance industry governing body) introduced a partial moratorium restricting the use of genetic testing in underwriting policies ≤ $500,000 (active 2019-2024). Health professionals (HPs), especially clinical geneticists and genetic counsellors, often discuss the implications of genetic testing with patients, and provide critical insights into the effectiveness of the moratorium.

Superannuation Access for IVF Purposes: Time for Reform?

Australia's superannuation system permits the early withdrawal of funds from superannuation accounts in limited circumstances. There has been a trend towards increasing use of the early withdrawal provisions to fund in vitro fertilisation (IVF) treatment through the broad "compassionate release" ground. A 2018 government report recommended tightening the relevant criteria for release, which would restrict release for IVF purposes to those suffering from a mental illness related to their childlessness.

"A Nasty Bump": Lessons from Refugee Doctors' Defiance of Discrimination, 1937-1950.

Prominent members of the Australian medical profession sought to prevent European doctors who immigrated to Australia in the late 1930s and 1940s from practising medicine. This article explores how these so-called "refugee doctors" contested the major strategies used by Victorian, New South Wales and Queensland statutory medical boards, influenced by the British Medical Association - Australian doctors' peak body - to impede their medical practice. In Australia's eastern States, refugee doctors challenged refusals to grant them registration to practise medicine, appealed decisions to deregister them, and practised medicine while unregistered.

Sentience Matters: Analysing the Regulation of Calf-Roping in Australian Rodeos.

Animal sentience is recognised either implicitly or explicitly in legislation in all Australian states and territories. In these jurisdictions, animal welfare legislation prohibits acts of cruelty towards animals because animals have the capacity to experience pain or suffering. This acknowledgement is supported by scientific research that demonstrates animal sentience, as well as public opinion.

A Case for Openness - Book Publishing and the Role of Amazon.

The presence of Amazon is ubiquitous, especially in the online bookstore and e-book market. The introduction of the "Kindle" further cemented Amazon's dominant position and business model in the market, having negative implications for authors, publishers and consumers. Publishers have less control over setting the price to have access to Amazon's customer base.

A Panacea for Australia's COVID-19 Crisis? Weighing Some Legal Implications of Mandatory Vaccination.

Although Australia's rates of infection, illness and mortality from COVID-19 have been relatively low, they have escalated with the rapid transmission of the Delta variant. Restrictions imposed on people's liberties to curb the spread of the virus in several Australian States have engendered economic hardship, mental health challenges, and collective exhaustion and impatience. Several vaccines have been developed and approved for use in Australia that have proven effective in reducing the likelihood that the vaccinated will contract COVID-19 and, if infected, transmit and suffer serious illness and/or die from it.

Medicinal cannabis and driving: the intersection of health and road safety policy.

Background: Recent shifting attitudes towards the medical use of cannabis has seen legal access pathways established in many jurisdictions in North America, Europe and Australasia. However, the positioning of cannabis as a legitimate medical product produces some tensions with other regulatory frameworks. A notable example of this is the so-called 'zero tolerance' drug driving legal frameworks, which criminalise the presence of THC (tetrahydrocannabinol) in a driver's bodily fluids irrespective of impairment.

Professional reports for sentencing courts: recommendations for reporting on child exploitation material offenders' risk of recidivism and prospects for rehabilitation.

Denunciation and general deterrence are major objectives of sentencing those who are convicted of possessing or distributing child exploitation material in Australia (CEM offenders), but courts also strive to achieve specific deterrence. To this end, courts tend to rely on professional reports as evidence of risk of reoffending and prospects for rehabilitation. After outlining matters that courts consider when sentencing CEM offenders, we discuss key empirical findings concerning CEM offenders' risk of recidivism, and then evaluate two approaches for assessing this risk: actuarial assessments; and structured professional judgment.

A governance model for the application of AI in health care.

As the efficacy of artificial intelligence (AI) in improving aspects of healthcare delivery is increasingly becoming evident, it becomes likely that AI will be incorporated in routine clinical care in the near future. This promise has led to growing focus and investment in AI medical applications both from governmental organizations and technological companies. However, concern has been expressed about the ethical and regulatory aspects of the application of AI in health care.

Moritz Meyer and the Medical Board: Preventing Refugee Doctors from Practising Medicine in Victoria, Australia, 1937-1958.

In 1937, the Medical Board of Victoria (the Board) declined to register Moritz Meyer to practise medicine in Victoria, Australia. Meyer was a Jewish doctor who had completed his medical degree in Germany and obtained postgraduate qualifications in Scotland. Meyer successfully challenged the Board's decision in the Supreme Court of Victoria and the Board's appeal against that decision to the High Court of Australia, which was dismissed.

When Is It in a Child's Best Interests to Withhold or Withdraw Life-sustaining Treatment? An Evolving Australian Jurisprudence.

Decisions about whether to withdraw or withhold life-sustaining medical treatment from children give rise to complex and value-laden judgments. While recourse to the courts is uncommon, judicial decisions provide an important source of guidance for the children (where they can participate), families and health and medical professionals involved in these decisions. Yet, there has been remarkably little consideration of the Australian jurisprudence on this issue.

The Restorative Role of Apology in Resolving Medical Disputes: Lessons From Chinese Legal Culture.

This article is the first exploration of the Chinese notion of apology from a comparative legal perspective. By reviewing the significance of apology in the context of Chinese culture, the article presents a three-dimensional structure of apology that, in contrast to the understanding the research community now has, defines acknowledgement of fault, admission of responsibility, and offer of reparation as three essential elements of an apology. It is the combination of these three elements that enables apology to serve as a form of reparation.

Fat and the law: who should take the blame?

The incidence of obesity in both adults and children is rising at a rapid rate in most developed countries, including in Australia. Some obese people are seeking to place the blame for their condition on the fast-food industry, as demonstrated by the recent litigation in the United States brought by two obese plaintiffs against McDonald's. This litigation was unsuccessful, and on existing Australian negligence principles any similar litigation commenced here is likely to suffer the same fate.