Serving two masters? Recent legal developments regarding the professional obligations of medical administrators in Australia

Medical administration is a recognised medical specialty in Australia. Historically, medical administrators have rarely been subjected to litigation or disciplinary hearings relating specifically to their administrative functions. However, the legal landscape for medical administrators in Australia appears to be shifting. In 2009, the Queensland Health Practitioners Tribunal heard two separate cases involving the professional conduct of medical administrators who were implicated in the scandal surrounding Dr. Jayant Patel at Bundaberg Hospital. In September 2010, judgment in one of those cases was delivered. This article reviews the tribunal's decision through the lens of relevant United Kingdom authorities and recent legislative changes in Australia regulating the health professions.     

Who Are the Most-Cited Scholars in Asian Criminology Compared with Australia,New Zealand,North America,and Europe?

Asian Journal of Criminology - Asian criminology is a fast-growing area of criminological research, but its influence on the international criminological landscape is largely unknown. The current...     

Are we becoming more violent? A comparison of trends in violent and property offenses in Australia and Western Australia

This paper examines Australian and West Australian trends in robbery, assault, and burglary. Police figures are contrasted with the results of Australian victimization surveys. The limitations of Australian victimization surveys are discussed. The results of Australian victimization surveys are contrasted with the results of the National Crime Survey in the United States and the International Crime Victim Survey. When all the qualifications are considered, it is concluded that there has been a trend upward in burglary and robbery prevalence and that this upward trend occurred mainly in the 1980s. However, because there is little evidence of a concomitant rise in the assault rate, the increasing prevalence of robbery and burglary is interpreted as reflecting social phenomena that are associated with acquisitiveness rather than aggressiveness. Other evidence pertaining to the level of violence in Australia is considered and it is concluded that this is insufficient to allow a conclusion that we are, as a nation, becoming more violent.     

Cosmetic surgery in Australia: a risky business?

Cosmetic surgery is increasing in popularity in Australia and New Zealand, as it is across other Western countries. However, there is no systematic mechanism for gathering data about cosmetic surgery, nor about the outcomes of that surgery. This column argues that the business of cosmetic surgery in Australia has questionable marketing standards, is conducted with little scrutiny or accountability and offers patients imperfect knowledge about cosmetic procedures. It also argues that while medical practitioners debate among themselves over who should carry out cosmetic procedures, little attention has been paid to questionable advertising in the industry and even less to highlighting the real risks of undergoing cosmetic surgery. While consumers are led to believe that cosmetic surgery is accessible, affordable and safe, they are sheltered from the reality of invasive and risky surgery and from the ability to clearly discern that all cosmetic procedures carry risk. While doctors continue to undertake advertising and engage in a territorial war, they fail to address the really important issues in cosmetic surgery. These are: providing real evidence about what happens in the industry, developing stringent regulations under which the industry should operate and ensuring that all patients considering cosmetic surgery are fully informed as to the risks of that surgery.     

Industry-Led Standards,Relational Contracts and Good Faith: Are the UK and Australia Setting the Pace in (Construction) Contract Law?

Liverpool Law Review - The law of contract is changing. “Good faith” and “relational contracts” are used by parties more than ever before in commercial disputes. Yet, their...     

The limits of policy: Rural children and work in the United States and New Zealand, 1870–1920

This article uses public documents and first-hand accounts of late 19th and early 20th centuries child life to examine attempts by public policymakers in the United States and New Zealand to change the quality of rural child life in those countries through compulsory schooling and other related measures. These attempts, however, largely failed due to the demands of the farming economy and the unwillingness of public officials to go to extraordinary lengths on behalf of farm children, as opposed to urban children. Rural children's lives would be changed, not by policy, but by technological developments and the vagaries of the farm economy.     

Tabet v Gett: the end of loss of chance actions in Australia?

This article critically analyses the recent High Court decision in Tabet v Gett (2010) 84 ALJR 292; [2010] HCA 12 which considered whether a person should be able to obtain compensation on the basis of a loss of a chance of a better medical outcome. The appellant argued that the High Court should regard a plaintiff as entitled to compensation when a breach by a defendant of their duty of care causes the plaintiff to lose a possibility, but not a probability, of a better medical outcome. The High Court held that it was not possible for a person in the position of the appellant to obtain compensation for the loss of a chance of a better medical outcome.     

Distant relatives? Demographic determinants of long-term developments in intergenerational proximity,The Netherlands 1650–1899

In this paper, we investigate what late timing of marriage combined with neo-locality in early modern Western Europe actually implied for the likelihood of upward intergenerational support. In our analysis of genealogical data from the Netherlands (1650–1899) we show that due to high marriage ages and small spousal age gaps, life cycles of children and their parents were going through difficult periods at the same time, with the elderly as potential victims. To some extent, the risk of ‘hardship’ was compensated for by relatively small geographical distances between the parental and children’s households, allowing for exchange of support. We discuss our outcomes in the broader context of alternative options and elderly care arrangements that were developed from the early modern period onwards.     

Straight talking,straight teaching: Are New Zealand tertiary institutes potentially liable to their students under consumer protection legislation?

Consumerism has become an officially approved fashion. In recent years we have seen the enactment of progressive consumer rights legislation aimed at redressing the balance between consumers and suppliers. In New Zealand the reform of tertiary education, begun with the Education Act 1989, has led to a shift in the relationship between institutes and students. Market culture is progressively being applied to tertiary education. Institutes are holding themselves out as providing an 'educational product' and are actively competing for students both nationally and internationally. In turn students, as purchasers of that product, at an ever-increasing cost, are demanding greater standards of straight talking and straight teaching. There are indications that this is leading to thoughts of legal accountability for any deficiencies in the education product. This is both in terms of what institutes hold themselves out as providing and the quality of that provision. This article considers the effect of provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 on the potential liability of tertiary institutes.