Course overview
This course explores a series of topics in end of life law. Comparisons among the law of the Australian States and with other countries, both within and outside the common-law world, will be made. Topics will be chosen for their contemporary relevance, practical importance and suitability for in-depth academic analysis. The topics may include : introduction to medical law and end of life law; existing practices in end of life law; reimagining death and dying - intentional and non-intentional taking of life; introduction to voluntary assisted dying in Australia; comparative analysis of voluntary assisted dying in overseas jurisdictions; contentious ethical issues regarding voluntary assisted dying - incapacity, voluntary assisted dying for minors and for individuals with psychiatric illness; voluntary assisted dying and organ donation; advance care directives and other issues as selected by the teaching staff. On completion of this course students will be able to analyse at an advanced level important current topics in medical law, specifically the significant changes that have occurred as a result of the legalisation of voluntary assisted dying, which is a pertinent issue in our society.
Course learning outcomes
- Demonstrate an in-depth understanding of key medico-legal principles relating to decision making in medical law, especially end-of-life law
- Demonstrate an in-depth understanding of, and explain the key legal differences between, end-of-life practices in Australia, including the right to refuse medical treatment, the doctrine of double effect, withholding and withdrawing life sustaining measures and voluntary assisted dying;
- Develop an in-depth understanding of voluntary assisted dying legislation in selected overseas jurisdictions including, the Netherlands, Belgium, Canada and selected jurisdictions in the USA.
- Identify and critique complex legal and ethical issues that arise in the area of voluntary assisted dying and apply primary and secondary sources of law to resolve complex legal issues that arise at end-of-life.
- Communicate effectively individually and as part of a team. Work in collaboration with others to solve complex legal problems, and engage with team members in an ethical and professional manner.
- Refine essential skills required for legal practice, including legal research, critical thinking, identifying legal issues in a fact pattern, applying relevant law to the facts and written communication through undertaking group and individual assessments.