Health, Families and Children

Biomedical Law and Bioethics — 76070

Assessment: A1 - Class Participation (20%) A2 - Tutorial Paper (20%) A3 - Research Assignment (60%)

Children and the Law — 76066

Offered: Summer 2022/2023

Assessment: A1 - Online Class Participation (25%) A2 - Research Proposal (25%) A3 - Research Essay (50%)

Disability and the Law — 76010

Assessment: A1 - Class Participation (10%) A2 - Group Presentation (30%) A3 - Research Essay (60%) Brief Overview: The rapid development of technology has undoubtedly impacted our everyday lives. This extends to the role of the law adapting to emerging medical developments. As such, this subject explores the wide-ranging impact that biomedical technologies have on society and the legal issues that are presented. More specifically, students will learn about genes, cloning, euthanasia, medical experimentation and research, reproductive technology and surrogacy — all of which are at the forefront of legal development.

Brief Overview: Are you interested in understanding how the law recognises the rights of children? This subject provides insight into how the law interacts with children’s rights, child development theory, care and protection (including fostering), preschool and school education, civil liability and juvenile justice. More importantly, students will gain insight into the access to justice provisions available for children and how its absence creates issues in the pursuit of justice. Students will also be able to draw upon concepts from Constitutional Law, Criminal Law, Contracts, Torts, and Evidence, to consider how such these areas integrate special considerations and rules in their application to children.

Please note: 70114 Criminal Law and Procedure and 70311 Torts and 70616 Australian Constitutional Law are prerequisites for this subject.

Brief Overview: The approach of how the law must adapt for people living with a disability is ever-important. Through the lens of social justice and equality, this subject explores the medical model, the social construction model, the human rights model and bioethical, feminist and postmodern approaches to disability. Students will be immersed in various legal instruments, both domestic and international, to explore the developments in law with respect to health law, tort law, criminal law, international law and anti-discrimination law. Students will also explore issues such as constraints on reproductive decision making, end of life decision making; the therapy/enhancement distinction and body modification.

Health, Families and Children (cont.)

Elder Law — 76093

Offered: Autumn 2023

Assessment: A1 - Seminar Participation (20%) A2 - Written Reflection (30%) A3 - Law Reform Essay/Submission (50%) Brief Overview: As Australia’s aging population grows, so does the need for adequate legal measures to protect their rights. In this subject students will explore the legal needs of this vulnerable group focusing on health, justice and inclusion within society.

The recent crisis in aged care exposed during the COVID-19 pandemic has highlighted the need for reforms to Australian elder law. Law reform is a major component of this subject with the final assessment being a law reform submission. Through a mix of practical workshops, expert guest presentations and traditional study methods students will examine prominent issues such as elder abuse, medical decision-making and age discrimination.

This subject also invites students to reflect and respond appropriately to the ethical issues that may arise for legal practitioners when interacting with older clients who may experience impaired decision-making abilities.

Please note: 70102 Foundations of Law is a prerequisite for this subject.

Family Law — 76516

Offered: Spring 2022

Assessment: A1 - Class Preparation and Class Participation (10%) A2 - Research Essay (40%) A3 - Negotiation Task (P/F) A3 - Final Exam (50%)

Student Contribution: Simon Kendrick Very rewarding subject which deals with the splitting of property of individuals following the separation of a couple and the court’s role in considering the best interests of the child as an overriding factor.

Staff Contribution: Miranda Kaye Family law is an important subject for all law students even if you never intend to practice in the area. Indeed, the family law teachers at UTS believe that some knowledge of family law should be core knowledge for all UTS law graduates.

The breakdown of a relationship impacts on parties (emotionally, physically and financially), children, extended family, third parties (creditors, business associates) as well as the broader community: school teachers, health professionals, not for profit organisations, community justice centres and essential services. A very basic knowledge of family law provides context when inevitably confronted with a broken relationship and its consequences, or when family law is again the subject of the latest television current affairs program, newspaper editorial, [or] opinion piece. Studying family law enables you to counter many of the myths surrounding the Australian family law system. Indeed, we think that family law is foundational to all other subjects! Brief Overview: Interested in understanding the dynamic area that is family law? This subject grounds students with an in-depth knowledge of the family law system in Australia through a focus on the rights and obligations of parties pursuant to the Family Law Act 1975 (NSW) and the importance of dispute resolution procedure.

This subject will provide students with practical insights into a range of social policy issues that affect real families. From analysing the impact of family violence to evaluating children’s rights under the law, this subject will provide you with an extensive range of legal skills.

Please note: 70317 Real Property is a corequisite for this subject.

Offered: Spring 2023

Assessment: A1 - Collaborative Lightning Talk (25%) A2 - Reflective Statement (25%) A3 - Research Essay (50%) Brief Overview: This subject enables students to critically engage with a range of sources which enhance knowledge of the interrelationship between mental health and the law. Advocacy for the advancement of the mental health care of legal practitioners is vital to the legal profession and this subject engages students directly using an intersectional approach, interrogating the relationship between the law, mental health, ableism, settler colonialism and heteropatriarchy. For students who successfully complete this subject, the significance of law and policy work and its direct engagement with the mental health and disability community should be highlighted and stand out as an important social issue of focus. As such, students will actively engage in contemporary debates on domestic law reform and international human rights developments in relation to law and mental health.

Please note: 70311 Torts is a prerequisite for this subject.

Medicine and Law — 76045

Offered: Spring 2022

Assessment: A1 - Participation (25%) A2 - Written Assessment (30%) A3 - Assessment (45%)

Student Contribution: Simon Kendrick Deals with the individual and their life as a human being in society by examining privacy laws and touches on the beginnings of life with assisted reproductive technology through to voluntary assisted dying.

Brief Overview: If the pandemic has taught us anything, it’s the close relationship between Medicine and the Law. This subject delves into the intricacies of the Australian healthcare system through the lens of the law, more specifically: negligence, privacy and confidentiality of health information, and regulation of the profession. Students will be given the opportunity to explore ethical issues such as the beginning and end of life and medical research involving human participants.

Please note: 70311 Torts is a prerequisite and 70617 Administrative Law is a corequisite for this subject.

Faculty experts who teach or research in Health, Families and Children: Anita Stuhmcke, Beth Goldblatt, Isabel Karpin, Jane Wangmann, Jenni Millbank, Karen O’Connell, Linda Steele, Michael Thomson, Miranda Kaye, Nola Ries, Tracey Booth.