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  1. Book ; Online: Forensic Analysis

    Freckelton, Ian

    Scientific and Medical Techniques and Evidence under the Microscope

    2021  

    Keywords Forensic medicine ; dna, toxicology, pharmacogenetics, sex, rt-pcr, standardization
    Language English
    Size 1 electronic resource (210 pages)
    Publisher IntechOpen
    Document type Book ; Online
    Note English
    HBZ-ID HT030647934
    ISBN 9781839689529 ; 1839689528
    Database ZB MED Catalogue: Medicine, Health, Nutrition, Environment, Agriculture

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  2. Book: Covid-19, Law & Regulation

    Bennett, Belinda / Freckelton Ao Kc, Ian / Wolf, Gabrielle

    Rights, Freedoms, and Obligations in a Pandemic

    2023  

    Author's details Belinda Bennett is a Professor in the School of Law at Queensland University of Technology (QUT) in Brisbane, Australia and a member of the Australian Centre for Health Law Research at QUT. Belinda's research engages with the legal, social and ethical issues in assisted reproduction, law and genetics, and global public health emergencies. Her previous publications include Bennett and Freckelton (eds) Pandemics, Public Health Emergencies and Government Powers: Perspectives on Australian Law (Federation Press, 2021); and Freeman, Hawkes and Bennett (eds), Law and Global Health: Current Legal Issues Vol 16 (OUP 2014). Ian Freckelton is a King's Counsel in practice as a barrister throughout Australia. He is a Judge of the Supreme Court of Nauru, a Professor of Law and a Professorial Fellow of Psychiatry at the University of Melbourne, an Honorary Professor of Forensic Medicine at Monash University, and an Adjunct Professor at Johns Hopkins University in the United States. He is an elect
    Language English
    Size 720 p.
    Publisher Oxford University Press
    Document type Book
    Note PDA Manuell_19
    Format 168 x 231 x 69
    ISBN 9780192896742 ; 0192896741
    Database PDA

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  3. Article: Coroners' Inquests and Criminal and Disciplinary Law.

    Freckelton, Ian

    Journal of law and medicine

    2024  Volume 30, Issue 2, Page(s) 259–277

    Abstract: Coroners' inquests in Australia and New Zealand are no longer formally part of the criminal justice process. However, they can take place after the resolution of criminal charges and, although coroners' findings cannot be expressed in terms of persons' ... ...

    Abstract Coroners' inquests in Australia and New Zealand are no longer formally part of the criminal justice process. However, they can take place after the resolution of criminal charges and, although coroners' findings cannot be expressed in terms of persons' criminality, inquests can also result in referrals to prosecuting authorities. In addition, referrals to professionals' disciplinary regulators can be made by coroners. The potential for such adverse outcomes for the individuals affected makes it essential for those representing parties or witnesses at coronial hearings to consider carefully the forensic strategies that they deploy and, in particular, the advice that they provide, including in relation to claims to the privilege against self-incrimination. By reason of the partial abolition of the doctrine of autrefois acquit in a number of Australian jurisdictions, the potential for new and compelling evidence to emerge during an inquest takes on additional significance for persons who have been found not guilty of offences such as a murder at a previous trial.
    MeSH term(s) Humans ; Australia ; Coroners and Medical Examiners ; Criminals ; New Zealand ; Criminal Law
    Language English
    Publishing date 2024-02-01
    Publishing country Australia
    Document type Journal Article
    ZDB-ID 1236328-5
    ISSN 1320-159X
    ISSN 1320-159X
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  4. Article: Spit Hoods: Reforms to Law and Practice.

    Freckelton, Ian

    Journal of law and medicine

    2024  Volume 30, Issue 3, Page(s) 507–519

    Abstract: Spit hoods have been used for decades to reduce the ability of people to spit and bite police officers, corrective services officers, paramedics, doctors and nurses. However, historically and in public consciousness they have sinister resonances and ... ...

    Abstract Spit hoods have been used for decades to reduce the ability of people to spit and bite police officers, corrective services officers, paramedics, doctors and nurses. However, historically and in public consciousness they have sinister resonances and often induce fear, panic and distress in persons to whom they are applied or in whose presence they are worn. Problematically frequently spit hoods have been used on detainees from ethnic minorities, including in Australia, on Indigenous persons, individuals with mental illnesses and children taken into custody. On a number of occasions spit hoods have been used with other forms of restraint and been associated with deaths in custody. This editorial reviews high profile cases internationally where spit hoods have played a role in precipitating deaths, important reports and reviews, including from coroners, ombudsmen and commissions of inquiry, into their abuse, and law reform in relation to spit hoods. It supports their abandonment and their replacement with other personal protective equipment options for maintaining custodians' and carers' occupational health and safety.
    MeSH term(s) Humans ; Child ; Australia ; Mental Disorders ; Coroners and Medical Examiners ; Occupational Health ; Police
    Language English
    Publishing date 2024-02-08
    Publishing country Australia
    Document type Journal Article
    ZDB-ID 1236328-5
    ISSN 1320-159X
    ISSN 1320-159X
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  5. Article: Disability Law Reform in Australia: Principles, Pragmatism and Politics.

    Freckelton, Ian

    Journal of law and medicine

    2024  Volume 30, Issue 4, Page(s) 785–805

    Abstract: This editorial reviews two landmark contributions to disability reform in Australia, both published in 2023 - the 12 volume report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and the important ... ...

    Abstract This editorial reviews two landmark contributions to disability reform in Australia, both published in 2023 - the 12 volume report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability and the important Commonwealth Government of Australia report on the operation of the 10-year-old National Disability Insurance Scheme. It contends that each leaves Australia with major steps that need to be taken to enable persons with disability to live in a fairer, safer and more inclusive environment in which their human rights are genuinely respected. The reports contain many challenges where a balance needs to be orchestrated between implementation of principled reform and what is financially feasible. If Australia's governments are to adopt the recommendations in the reports, politics will need to be set aside and collaboration between Federal and State governments will be essential. Attitudes and practices will have to change in government and the general community, laws, protocols and even institutions will need to be reformed, accountability mechanisms will need to be tightened, and considerable sums of money will have to be spent.
    MeSH term(s) Humans ; Child ; Disabled Persons ; Human Rights ; Politics ; Australia
    Language English
    Publishing date 2024-03-11
    Publishing country Australia
    Document type Journal Article
    ZDB-ID 1236328-5
    ISSN 1320-159X
    ISSN 1320-159X
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  6. Article: Expert Diagnostic Evidence By Psychologists: Disciplinary Tensions and Admissibility Issues.

    Freckelton, Ian

    Journal of law and medicine

    2023  Volume 30, Issue 1, Page(s) 58–69

    Abstract: Controversy has existed since the 1960s on the difficult issue of the subject matter upon which psychologists should be permitted to offer expert opinions to the courts. A particularly problematic aspect of the controversy has been evidence by ... ...

    Abstract Controversy has existed since the 1960s on the difficult issue of the subject matter upon which psychologists should be permitted to offer expert opinions to the courts. A particularly problematic aspect of the controversy has been evidence by psychologists about diagnoses which generally is given by reference to the two main taxonomies of diagnosis, the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders and the World Health Organization's International Classification of Diseases. This column reviews the leading decisions on the issue in the United States, the United Kingdom and Australia, including a 2021 Queensland Court of Appeal decision. It argues that the trend of recent case law is in favour of psychologists being permitted to give such evidence but only, on a case-by-case basis, when sufficient specialised knowledge is established in relation to the specific diagnosis proposed by a psychologist.
    MeSH term(s) Humans ; United States ; Expert Testimony ; Australia ; Queensland ; United Kingdom
    Language English
    Publishing date 2023-06-04
    Publishing country Australia
    Document type Journal Article
    ZDB-ID 1236328-5
    ISSN 1320-159X
    ISSN 1320-159X
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  7. Article: Concussion and Chronic Traumatic Encephalopathy Deaths: Coroners' Inquests as a Catalyst for Public Health Reforms.

    Freckelton, Ian

    Journal of law and medicine

    2023  Volume 30, Issue 1, Page(s) 7–22

    Abstract: Deaths of participants in sport from the effects of concussive injuries and from chronic traumatic encephalopathy (CTE) raise confronting social issues and challenges for tort law. An uncertainty that often needs to be addressed in such cases is proof of ...

    Abstract Deaths of participants in sport from the effects of concussive injuries and from chronic traumatic encephalopathy (CTE) raise confronting social issues and challenges for tort law. An uncertainty that often needs to be addressed in such cases is proof of the causes of the former athlete's symptomatology, especially when they may be multifactorial, some or all of which were not directly related to sport. Accounts from the person prior to their death and from family members can be vital sources of such information. Coroners' analyses of evidence in concussion-related deaths constitute an important opportunity for perspectives which can form a sound empirical basis for changes to sporting practices, rules and administration. This editorial reviews a series of biographical and autobiographical accounts of sportspersons with concussion and CTE. It also identifies a corpus of coronial decisions from England, New Zealand, Canada and Australia which have addressed the risks posed to athletes from concussive injuries. It highlights recommendations made by coroners in relation to management of concussion in sport and argues that there is considerable scope for further valuable recommendations based upon their investigations during inquests.
    MeSH term(s) Humans ; Chronic Traumatic Encephalopathy/complications ; Coroners and Medical Examiners ; Health Care Reform ; Public Health ; Brain Concussion/etiology
    Language English
    Publishing date 2023-06-04
    Publishing country Australia
    Document type Journal Article
    ZDB-ID 1236328-5
    ISSN 1320-159X
    ISSN 1320-159X
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  8. Article: Parkinson's Disease and the Criminal Justice System.

    Freckelton, Ian

    Journal of law and medicine

    2022  Volume 29, Issue 2, Page(s) 309–321

    Abstract: Parkinson's disease is the world's second most common neurodegenerative disorder, and its incidence is growing. This editorial reviews the current state of knowledge about Parkinson's disease, its causes, its treatment and the symptomatology that is ... ...

    Abstract Parkinson's disease is the world's second most common neurodegenerative disorder, and its incidence is growing. This editorial reviews the current state of knowledge about Parkinson's disease, its causes, its treatment and the symptomatology that is relevant to the administration of criminal justice. It identifies that, in conjunction with comorbidities, the disease can result in unfitness to stand trial, soundly based pleas of insanity/mental impairment and, in particular, can have a significant effect on the sentencing of offenders. It argues that with the ageing of the modern jail population, the incidence of Parkinson's disease provides a strong justification for the creation of alternative health care approaches that can provide suitable custodial services for those with conditions such as Parkinson's disease, Alzheimer's disease and a variety of forms of dementia.
    MeSH term(s) Criminal Law ; Criminals ; Humans ; Parkinson Disease/epidemiology ; Parkinson Disease/therapy ; Psychotic Disorders
    Language English
    Publishing date 2022-07-12
    Publishing country Australia
    Document type Journal Article
    ZDB-ID 1236328-5
    ISSN 1320-159X
    ISSN 1320-159X
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  9. Article: Vaccinating Children: The COVID-19 Family Law Jurisprudence.

    Freckelton, Ian

    Journal of law and medicine

    2022  Volume 29, Issue 3, Page(s) 645–662

    Abstract: Australian, New Zealand, English and Canadian courts have made a number of orders, often in the context of parenting disputes, requiring children to be vaccinated. Complementary therapy options have generally not been permitted as an alternative to ... ...

    Abstract Australian, New Zealand, English and Canadian courts have made a number of orders, often in the context of parenting disputes, requiring children to be vaccinated. Complementary therapy options have generally not been permitted as an alternative to mainstream vaccination. Debates about parental entitlements to make decisions about such matters have taken place in the context of contested family law litigation during the COVID-19 era. However, by contrast with Ontario Superior Court of Justice decisions in 2022, a series of Australian decisions, including the judgment of Sutherland CJ in Clay & Dallas [2022] FCWA 18, have developed the law further, having regard to both the capacity of a minor to consent to vaccination and reviewing a variety of factors going to children's best interests at different junctures during the pandemic, finding it generally to be in the best interests of children to receive COVID-19 vaccinations. This is likely to flow back into curial decision-making about vaccinations more broadly, as well as cognate matters.
    MeSH term(s) Australia ; COVID-19/epidemiology ; COVID-19/prevention & control ; Canada ; Child ; Humans ; Jurisprudence ; Pandemics ; Parents
    Language English
    Publishing date 2022-08-15
    Publishing country Australia
    Document type Journal Article
    ZDB-ID 1236328-5
    ISSN 1320-159X
    ISSN 1320-159X
    Database MEDical Literature Analysis and Retrieval System OnLINE

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  10. Article: Lessons from Re Teo: Unconventional Practice and the National Law.

    Stewart, Cameron / Freckelton, Ian

    Journal of law and medicine

    2024  Volume 30, Issue 3, Page(s) 520–537

    Abstract: This section explores the decision of the New South Wales Professional Standards Committee, in Re Teo [2023] NSWMPSC 2. The case provides insights into how the Health Practitioner Regulation National Law Act 2009 (Qld) regulates practitioners who ... ...

    Abstract This section explores the decision of the New South Wales Professional Standards Committee, in Re Teo [2023] NSWMPSC 2. The case provides insights into how the Health Practitioner Regulation National Law Act 2009 (Qld) regulates practitioners who practise outside of conventional practice. The section compares the decision to similar cases and then concludes with a proposal that an express policy on unconventional practice is needed in Australia.
    MeSH term(s) Australia ; New South Wales ; Liability, Legal
    Language English
    Publishing date 2024-02-08
    Publishing country Australia
    Document type Journal Article
    ZDB-ID 1236328-5
    ISSN 1320-159X
    ISSN 1320-159X
    Database MEDical Literature Analysis and Retrieval System OnLINE

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