Journal of law and medicine
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While in most countries suicide is no longer a crime, it is also acknowledged that the state has an interest in the preservation of human life, the prevention of suicide, and the protection of vulnerable persons from harming themselves. In a civil, secular and democratic society, however, the public law principle of state protective powers has to be balanced against the private law principle of personal autonomy (personal self-determination). ⋯ Kirkland-Veenstra v Stuart [2008] Aust Torts Reports 81-936; [2008] VSCA 32, which is at present being considered by the High Court of Australia, exemplifies tensions that arise in the suicide-prevention area of jurisprudence. This article explores the powers and duties of police officers in relation to suicide prevention and the notion of mental illness by reference to the Kirkland-Veenstra case, the relevant statutory framework and the common law.
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The loss of legal competency, in the context of wills, enduring powers of attorney and advance directives, presents a challenge to individual autonomy. Both legal and medical practitioners have roles to play in determining when, and if, to infringe upon a person's sovereignty in order to provide for their protection. ⋯ It is argued here that cooperation between the legal and medical professions is essential in this area of practice. This article attempts to promote discussion of this objective by proposing therapeutic jurisprudence as a theoretical framework in which to reassess competency determinations, by reviewing the institutional structure and by suggesting that the adoption of a common and consistent terminology is essential.
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Scientists can analyse DNA to reveal our likelihood of developing certain diseases. As technology advances, it raises questions as to how much emphasis should be placed on genetic testing in the workplace. In 2008 the United States implemented the Genetic Information Nondiscrimination Act, prohibiting employers from using a person's genetic information in the workplace. ⋯ This article assesses and adds to the recommendations of this report. It argues that genetic status should be considered an inherent requirement of a job, and therefore genetic discrimination should be lawful where it may protect employees themselves, third parties at risk and in professions where it is necessary that employees be healthy in the future. However, to avoid unjustified discrimination, genetic information should only be lawfully used in the workplace where there is a very high probability that the disease will manifest within a specified number of years.
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Recent legal developments have highlighted the need for greater support from the Federal Government for the authority of the Therapeutic Goods Administration (TGA) to ensure, by pre-approval assessments and post-approval regulation, the safety of listed medicines in Australia. One of these developments concerns the impact of ongoing civil litigation in Australian courts led by Pan Pharmaceuticals stakeholders to recover compensation from the government for the losses they incurred following the TGA's post-listing shut-down of that pharmaceutical manufacturing company in 2003. Another factor is the recently announced governmental policy to outsource to the United States Food and Drug Administration (FDA) and the European Medicines Agency (EMEA) safety assessments of foreign drug manufacturers whose products will be used in Australia.