78245 Public Health Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law) OR (70108c Public International Law AND 70417c Corporate Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

Public health law is an active and expanding area of legal practice in areas such as environmental health, food law, and the control and prevention of communicable disease.

Students learn: the history of public health law in Australia; the role of international treaties in public health; the different theories and philosophies that have strengthened public health; the tensions between the promotion and protection of the public good and the infringement on human rights; the use of law as a mechanism to protect public health; and the current trends and future directions in public health lawmaking both internationally and in Australia.

Key topics taught include:

• diseases of lifestyle (tobacco control, obesity, alcohol abuse)
• emergency preparedness (pandemics and acute threats)
• HIV and sexual health
• screening programs
• environment protection and public health
• Indigenous Australians and public health.

Students study and participate in discussions on recent case studies in public health law. Students are also encouraged and expected to critically evaluate the effectiveness of public health laws and their underlying aims of protecting and promoting health.

Subject learning objectives (SLOs)

1.	demonstrate competency in analysing the ethical arguments that are applied to public health problems;
2.	appreciate the sources of Federal, State, and local regulatory authority over public health and health care and the major ways in which it has historically been exercised. Understand the implications of the federal system for lawmaking in public health. Develop an awareness of the controversies and policy questions that surround these areas and reflect on them;
3.	explain the respective roles of legislatures, courts, administrative agencies, and the market in regulating public health and health care, and the strengths and weaknesses of each. Recognise how public health law is approached in jurisdictions in Australia;
4.	understand the tensions between promotion of public good and the protection of private rights. Analyse the implications of those rights for government authorities to regulate in the interest of public health;
5.	understand the use of law as a mechanism to protect population health and ways in which it can be applied.

Teaching and learning strategies

Strategy 1 Face to Face Lectures: This subject will be taught in a Block Intensive over five days. The first three days will concentrate on teaching the topics outlined in the subject content. Students will have an opportunity and will be encouraged to participate in class discussion after each lecture topic. The final two days will focus on future directions in public health law and allow the opportunity for students to discuss their research papers with the class. Students will be required to read recommended readings and Power point slides before class. Individual preparation outside of class will enhance the learning experience.

Strategy 2 Online class participation: Students will be encouraged to post articles of interest and cases to the online discussion board on Canvas. This stimulates discussion with other students and also raises an awareness of current matters.

Strategy 3 Class discussion: Interactive class discussion will enhance the ability of students to analyse and communicate public health law concepts.

Content (topics)

1 History and scope of public health law in Australia. The Federal system and its effect on lawmaking in public health. How public health policy and legislation are developed
2 International treaties and public health law - The International Health Regulations.
3 Coercive powers, infectious disease and pandemics. Emergency Preparedness - Emergency powers: State by State (and Territory) – comparison and options for a national legislative approach
Vaccinations.
4 The ethical basis of the practice of public health. The impact of public health on human rights.
5 Environment protection and public health. Radiation controls, Solariums, air quality, waste management, water quality, noise and chemicals. Climate change
6 Diseases of Life style: The Obesity challenge and personal responsibility.
7 Diseases of Lifestyle: Alcohol regulation.
8 Diseases of Lifestyle: The WHO Framework Convention on Tobacco Control, tobacco laws in Australia.
9 The public health response to HIV/AIDS.
10 Indigenous Australians and public health law.
11 Food safety- law and regulations.
12 Screening programs.
13 Drugs Law.

Assessment

Assessment task 1: Short answer question

Weight:	20%

Assessment task 2: Research Essay

Weight:	80%
Length:	1 x 5,500 word research essay on a topic approved by the lecturer