Coronial law reform: the new wave

The 2006 Report of the Law Reform Committee of the Victorian Parliament into the Coroners Act 1985 (Vic) is a substantial and visionary document which has the potential to take coronial law reform in important new directions. It draws upon a range of reforms trialled in other jurisdictions, but proposes to consolidate a new role for the coroner as a public health official with a formally acknowledged focus on facilitating avoidance of avoidable deaths. Some of its Shipman-inspired proposals require further consideration but the general tenor of the Report - to recognise the distinctive functions of inquests and their potential to alleviate community concerns, respond to family members' needs and reduce the potential for dangerous conduct--deserves support.     

The Economics of the Grounds for Divorce in Great Britain

Despite similarities in their socio-economic environments and the provision of identical legal grounds for divorce, England & Wales is dominated by fault divorce decrees whereas no-fault divorce dominates in Scotland. Indeed, during the past fifteen years, the shares of fault and no-fault divorce have increasingly diverged across these two regions. The paper proposes an explanation for this remarkable contrast based on cost incentives generated by procedural and legal interventions within the respective legal systems. In particular, the introduction of the Simplified Procedure in Scotland and the reduction in the time bar to divorce in England & Wales are key causal factors.     

Part II: What Would You Do—With a Taniwha at the Table?

In the last issue of Negotiation Journal, the author explored the complicating factor of having a taniwha or spirit at the negotiating table in a New Zealand case. He challenged his readers to give him suggestions about how negotiators might grapple with often perplexing problems posed by the spiritual values of their counterparts.     

Mitochondrial DNA cytochrome oxidase I gene: potential for distinction between immature stages of some forensically important fly species (Diptera) in western Australia

Forensic entomology requires the fast and accurate identification of insects collected from a corpse for estimation of the postmortem interval (PMI). Identification of specimens is traditionally performed using morphological features of the insect. Morphological identification may be complicated however by the numerical diversity of species and physical similarity between different species, particularly in immature stages. In this study, sequencing was performed to study the mitochondrial DNA (mtDNA) as the prospective basis of a diagnostic technique. The sequencing focused on a section of the cytochrome oxidase I encoding region of mtDNA. Three species of calliphorid (blow flies) commonly associated with corpses in western Australia, Calliphora dubia, Chrysomya rufifacies and Lucilia sericata, in addition to specimens of Calliphora augur and Chrysomya megacephala were studied. Phylogenetic analysis of data revealed grouping of species according to genus. The DNA region sequenced allowed identification of all species, providing high support for separation on congeneric species. Low levels of variation between some species of the same genus however indicate that further sequencing is required to locate a region for development of a molecular-based technique for identification.     

State of the art of guidelines

Guidelines have existed in medicine for many centuries. Galen's doctrine of laudable pus sent many to an early grave, but variance in treatment put the practitioner in a difficult position, especially if all did not go well. Currently, guidelines proliferate, allegedly based upon careful evaluation of evidence culled from a variety of sources. However, obedience to guidelines is variable internationally and nationally, thus raising questions about their enforceability. They are, of course, not legally enforceable, but courts may be influenced by them, and variation must be evidence-based. Guidelines cannot logically be regarded as being set in stone; if that were the case, then there could be no innovation and medicine would not advance.     

An empirical study of tissue banking in Australia: navigating regulatory and ethical challenges

Collections of tumour samples can be an invaluable resource for medical research. There are, however, numerous ethical and legal challenges associated with tumour banking. While there has been extensive discussion of these issues in the legal and ethical literature, there are few available empirical data in relation to the activities of tumour banks in Australia, their practices around ethically charged issues, and their success in implementing complex regulatory guidelines. The aim of this study was to gain more information about the activities of tumour banks in New South Wales, Australia, with a particular focus on their management of, and attitudes towards, ethical and regulatory issues. A survey of 27 tumour collection and research facilities was conducted using a 55-item questionnaire. There is significant heterogeneity of research methodologies as well as of methods for gaining consent and ensuring donor privacy, and there is general concern among the research community about ethical and regulatory issues related to tumour banking. Heterogeneity of practice and uncertainty about ethical and regulatory requirements is problematic in its potential to hinder research and its potential to generate the space for unethical practice, whether intentional or unintentional. There is a pressing need to address these issues so that tumour banks can be used in the most ethical and efficient way possible.