Handbook home
Regulation of Health Practitioners (LAWS70401)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
March
Lecturer
Professor Ian Freckelton QC (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | March |
---|---|
Fees | Look up fees |
Over the past few years there have been profound changes in the regulation of the health professions. Fourteen professions are now included in a new national scheme and others may join them. All of the registered professions are covered by the same legislation for accreditation, registration and the monitoring of practice, to ensure that standards are maintained to protect the public. More than half a million health practitioners are registered under the national scheme and, when it was adopted in July 2010, 66 acts of parliament were repealed and about 85 health professional boards were abolished. This subject will provide a detailed examination of the new scheme, which has centralised the disciplinary process, with the state and territory registration bodies acting under delegated authority from the federal board. The subject will also provide an understanding of how health practitioners, their employers and educators have a mandatory obligation to report ‘notifiable conduct’ of practitioners to the national regulator, and how healthcare consumers (patients) lodge a ‘notification’ about the practice of a health practitioner, rather than a ‘complaint’. The course will also scrutinise how unregistered practitioners are now regulated in some jurisdictions and will analyse how practitioners’ conduct is regulated by consumer protection legislation, which precludes certain forms of misleading advertising about services.
Principal topics include:
- Legal requirements for accreditation, registration and monitoring of practice of health practitioners in Australia
- The process and grounds for disciplinary action
- An examination of specific disciplinary proceedings against health practitioners, looking at issues of conduct, health, performance and fitness
- A comparison of disciplinary proceedings and other legal action against health practitioners
- Analysis of the regulatory mechanisms applicable to unregistered practitioners
- An evaluation of the new registration scheme and its operation to date
- A review of consumer protection actions that can be taken against health practitioners, both those who are registered and those who are not.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal requirements for accreditation, registration, and the monitoring of practice of health practitioners in Australia.
- Have a sophisticated appreciation of the factors and processes driving the extensive parliamentary revision of the legal framework.
- Be aware of the criticism of the new registration scheme and the way it has been implemented in practice; and be able to critically examine, analyse, interpret, assess and respond to the critical comments about it.
- Be an engaged participant in debate regarding methods of regulation of health practitioners and the potential for unfair treatment and discrimination.
- Be able to appreciate the new mechanisms for regulation of unregistered components of the health workforce.
- Have an understanding of the role of consumer protection bodies in regulating advertising, promotion and representations about health practitioners’ practices.
- Have well developed communication skills to articulate clearly and convey complex information regarding the regulatory structure to health practitioners and the wider community.
- Have an advanced and integrated understanding of the disciplinary process in relation to health practitioners and how it differs from the earlier process for members of different health professions.
- Have a sophisticated understanding and well developed communication skills to advise patients and others about the process for lodging notifications about a health practitioner’s practice, and to advise health practitioners on how to respond to notifications relating to their practice.
- Have undertaken detailed study of a range of law reports relating to disciplinary proceedings against health practitioners in order to appreciate the underlying principles relating to the imposition of disciplinary penalties.
- Be able to analyse critically the ethical and legal issues relating to the regulation of health practitioners in a detailed, fully referenced research essay.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class presentation (10 mins) (10%)
- Research paper (8,000 - 10,000 words) (90%) (30 May) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- March
Principal coordinator Ian Freckelton Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 2 February 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 2 March 2018 to 5 March 2018 Last self-enrol date 7 February 2018 Census date 2 March 2018 Last date to withdraw without fail 20 April 2018 Assessment period ends 30 May 2018 March contact information
Lecturer
Professor Ian Freckelton QC (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject is taught Friday to Monday including the weekend.
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022