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  2. Law and Ethical Issues [HST6338]

Faculty of Health, Engineering and Science

School: Exercise and Health Sciences

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Law and Ethical Issues

  • Unit Code

    HST6338

  • Year

    2015

  • Enrolment Period

    1

  • Version

    1

  • Credit Points

    20

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit focuses on legal concepts and their application to the delivery of health care. Common law and Statutes relevant to health care form key elements of the unit as a means of illustrating issues. The application of legal concepts to issues in the field of health care management is emphasised. Current ethical debates in health care are discussed with a view to highlighting the dilemmas and challenges that continue to emerge in these sectors.

Equivalent Rule

Unit was previously coded HST5501

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse the concepts of civil, criminal, contract and tort law and evaluate their role in health.
  2. Analyse the key elements of contracts of employment.
  3. Critically discuss ethical theories and principles as they relate to health.
  4. Critically discuss professional registration and practice boards in the context of Australian law and health.
  5. Critically discuss the principles, structures and development of Australian law.
  6. Examine the role and function of the Coroners Court and the notification of births and deaths.
  7. Interpret the main legal, ethical and professional obligations that apply to practitioners and organisations involved in health.

Unit Content

  1. Application of the contract of employment to health and care managers.
  2. Application of the law of torts and contract to health care.
  3. Basic principles of the Australian legal system and the Australian legal structure.
  4. Ethical theory and principles and their relevance to health care management.
  5. Legal processes, legal reasoning, civil and criminal law.
  6. Occupational health and safety and the role of the health care manager.
  7. Registration and practice of health professionals.
  8. Sources of Australian law and historical development.
  9. The importance of documentation in health care.

Additional Learning Experience Information

Lectures, case studies, small group discussions, reflective exercises and E-learning activities.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentEssay60%
Examination ^End of semester examination40%
ONLINE
TypeDescriptionValue
AssignmentEssay60%
Examination ^End of semester examination40%

^ Mandatory to Pass

Text References

  • White, B., McDonald, F., & Wilmott, L. (2010). Health Law in Australia. Sydney, Australia: Lawbook Co.
  • Vaughn, L. (2010). Ethics: Principles, issues and cases. New York: OUP.
  • Trindade, F., Cane, P., & Lumney, M. (2007). The law of torts in Australia (4th ed.). Victoria, Australia: OUP.
  • Staunton, P., & Chiarella, M. (2008). Nursing and the law (6th ed.). Sydney: Churchill Livingstone.
  • Skene, L. (2008). Law and medical practice: Rights, duties, claims & defences (4th ed.). NSW: LexisNexis Butterworths.
  • Mason, J. (2011). Mason & Mc Call Smith's law and medical ethics (8th ed.). Oxford; New York: OUP.
  • Derham, D., Waller, F., & Waller, L. (2000). An introduction to law (8th ed.). Sydney: LBC.
  • McIIwraith, J., & Madden, B. (2010). Health care and the law (5th ed.). Sydney, Australia: LBC.
  • Balkin, R., & Davis, J. (2008). Law of torts (4th ed.). NSW: LexisNexis Butterworths.
  • Beauchamp, T., & Childress, J. (2009). Principles of biomedical ethics (6th ed.). Oxford: OUP.
  • Beauchamp, T., Walters, L., Kahn, J., & Mastroianni, A. (2008). Contemporary issues in bioethics (7th ed.). Calif, USA: Thompson/Wadsworth.
  • Carvan, J. (2010). Understanding the Australian legal system (6th ed.). NSW: LBC.
  • Cook, C., Creyke, R., Geddes, R., & Holloway, I. (2009). Laying down the law (7th ed.). NSW: Butterworths.
  • Forrester, K., & Griffiths, D. (2009). Essentials of law for health professionals (3rd ed.). Sydney: Elsevier Mosby.

Journal References

  • Journal of Law and Medicine
  • Journal of Medical Ethics
  • Journal of Bioethical Enquiry
  • Australian Journal of Public Health
  • Australian Health Review

Website References

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

HST6338|1|1

Faculty of Health, Engineering and Science

School: Exercise and Health Sciences

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Law and Ethical Issues

  • Unit Code

    HST6338

  • Year

    2015

  • Enrolment Period

    2

  • Version

    1

  • Credit Points

    20

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit focuses on legal concepts and their application to the delivery of health care. Common law and Statutes relevant to health care form key elements of the unit as a means of illustrating issues. The application of legal concepts to issues in the field of health care management is emphasised. Current ethical debates in health care are discussed with a view to highlighting the dilemmas and challenges that continue to emerge in these sectors.

Equivalent Rule

Unit was previously coded HST5501

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse the concepts of civil, criminal, contract and tort law and evaluate their role in health.
  2. Analyse the key elements of contracts of employment.
  3. Critically discuss ethical theories and principles as they relate to health.
  4. Critically discuss professional registration and practice boards in the context of Australian law and health.
  5. Critically discuss the principles, structures and development of Australian law.
  6. Examine the role and function of the Coroners Court and the notification of births and deaths.
  7. Interpret the main legal, ethical and professional obligations that apply to practitioners and organisations involved in health.

Unit Content

  1. Application of the contract of employment to health and care managers.
  2. Application of the law of torts and contract to health care.
  3. Basic principles of the Australian legal system and the Australian legal structure.
  4. Ethical theory and principles and their relevance to health care management.
  5. Legal processes, legal reasoning, civil and criminal law.
  6. Occupational health and safety and the role of the health care manager.
  7. Registration and practice of health professionals.
  8. Sources of Australian law and historical development.
  9. The importance of documentation in health care.

Additional Learning Experience Information

Lectures, case studies, small group discussions, reflective exercises and E-learning activities.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentEssay60%
Examination ^End of semester examination40%
ONLINE
TypeDescriptionValue
AssignmentEssay60%
Examination ^End of semester examination40%

^ Mandatory to Pass

Text References

  • Staunton, P., & Chiarella, M. (2008). Nursing and the law (6th ed.). Sydney: Churchill Livingstone.
  • White, B., McDonald, F., & Wilmott, L. (2010). Health Law in Australia. Sydney, Australia: Lawbook Co.
  • Vaughn, L. (2010). Ethics: Principles, issues and cases. New York: OUP.
  • Trindade, F., Cane, P., & Lumney, M. (2007). The law of torts in Australia (4th ed.). Victoria, Australia: OUP.
  • Skene, L. (2008). Law and medical practice: Rights, duties, claims & defences (4th ed.). NSW: LexisNexis Butterworths.
  • Mason, J. (2011). Mason & Mc Call Smith's law and medical ethics (8th ed.). Oxford; New York: OUP.
  • Cook, C., Creyke, R., Geddes, R., & Holloway, I. (2009). Laying down the law (7th ed.). NSW: Butterworths.
  • Derham, D., Waller, F., & Waller, L. (2000). An introduction to law (8th ed.). Sydney: LBC.
  • McIIwraith, J., & Madden, B. (2010). Health care and the law (5th ed.). Sydney, Australia: LBC.
  • Balkin, R., & Davis, J. (2008). Law of torts (4th ed.). NSW: LexisNexis Butterworths.
  • Beauchamp, T., & Childress, J. (2009). Principles of biomedical ethics (6th ed.). Oxford: OUP.
  • Beauchamp, T., Walters, L., Kahn, J., & Mastroianni, A. (2008). Contemporary issues in bioethics (7th ed.). Calif, USA: Thompson/Wadsworth.
  • Carvan, J. (2010). Understanding the Australian legal system (6th ed.). NSW: LBC.
  • Forrester, K., & Griffiths, D. (2009). Essentials of law for health professionals (3rd ed.). Sydney: Elsevier Mosby.

Journal References

  • Journal of Law and Medicine
  • Journal of Medical Ethics
  • Journal of Bioethical Enquiry
  • Australian Journal of Public Health
  • Australian Health Review

Website References

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

HST6338|1|2