Melbourne Law School - Research Publications
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ItemNo Preview AvailableEthical issues associated with prenatal screening using non-invasive prenatal testing for sex chromosome aneuploidy(WILEY, 2022-08-27)Prenatal screening for sex chromosome aneuploidies (SCAs) is increasingly available through expanded non-invasive prenatal testing (NIPT). NIPT for SCAs raises complex ethical issues for clinical providers, prospective parents and future children. This paper discusses the ethical issues that arise around NIPT for SCAs and current guidelines and protocols for management. The first section outlines current practice and the limitations of NIPT for SCAs. It then outlines key guidelines before discussing the ethical issues raised by this use of NIPT. We conclude that while screening for SCAs should be made available for people seeking to use NIPT, its implementation requires careful consideration of what, when and how information is provided to users.
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ItemNo Preview AvailableThe Environmental Social Governance of Animal Welfare: A Review of Current Practice in Responsible Investment in Australia(Thomson Reuters (Professional), 2022)“Animal cruelty” is the single top issue Australians want to avoid in their investments. As such, animal welfare is an environmental social governance issue that poses significant investment risk due to its capacity to impact on the legal, social and ethical licenses required to operate a business. This article reports the findings of an empirical study, which found that, of 35 asset managers and superannuation funds benchmarked as best practice in responsible investment, only 13 reported considering animal welfare in any way. Given the significance of animal agriculture to the Australian economy, the article suggests some strategies to raise awareness and skills in relation to animal welfare among the responsible investment community, such as the explicit inclusion of animal welfare in Principle 7 of the ASX's Corporate Governance Principles.
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ItemMandating Symbolic Patriotism: China’s Flag and Anthem in the Hong Kong Special Administrative Region(Cambridge University Press (CUP), 2021)The Hong Kong statute criminalizing disrespect of the Chinese national anthem, passed in 2020, is one of many recent moves to suppress political dissent in the former British colony. The law restricts freedom of political expression, but its constitutionality is practically assured courtesy of earlier decisions upholding laws against flag desecration. This article draws on sociological and political literature to argue that symbolic nationalism, particularly when given the force of law, is a tool of the authoritarian state. Against this backdrop, it critically and comparatively analyses Hong Kong judicial decisions upholding the suppression of symbolic dissent, assessing their doctrinal coherence, normative defensibility, and consequences. It concludes with observations on the efficacy of attempts to enforce patriotic orthodoxy and on how deference to authoritarianism affects the rule of law.
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ItemNumbing the pain or diffusing the pressure? The co-optation of People for the Ethical Treatment of Animals's "naming and shaming" campaign against mulesing(WILEY, 2021-08-07)Abstract This article examines a high‐profile “naming and shaming” campaign launched by the activist group People for the Ethical Treatment of Animals targeting the controversial sheep husbandry practice of mulesing. This campaign led to important changes to the “rules of the game” governing global merino wool production. This article suggests that contests between activists and other stakeholders over the framing of the policy problem and activists' choice of strategy can result in co‐optation of activist ideas by corporate actors. The possibility of co‐optation of ostensibly successful social movement campaigns highlights the importance of considering such campaigns in light of movements' values and longer‐term goals.
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ItemRapid acute care genomics: Challenges and opportunities for genetic counselors(WILEY, 2021-02)Genomic medicine in pediatric acute care is showing great promise, with rapid results from exome and genome sequencing returned within days providing critically important information for treatment and management of seriously ill children. Many have suggested that rapid acute care genomics presents novel genetic counseling issues. This is due to the need for rapid response to referrals, the immense emotional distress that parents are likely to experience when their child is in acute care, and the unfamiliar environment of the acute care setting. To explore the practice of genetic counselors in this setting, we conducted qualitative interviews with 16 genetic counselors (GCs), representing a large proportion of GCs at the frontline of providing genetic counseling in acute care settings in Australia. Interviews revealed themes describing genetic counseling in acute care, including practical challenges of counseling within a rapid turnaround time, similarities with other contexts such as prenatal counseling, and the need for education of other health professionals. Interestingly, GCs did not raise concerns in the interviews for parents' ability to provide informed consent for rapid genomic sequencing. GCs also encountered practical and organizational challenges with counseling in this setting where 24-hr care is provided, at odds with traditional '9 to 5' Genetics service delivery. Working closely in a multidisciplinary team was common and participants believed that GCs are well positioned to take a leading role in the education of other health professionals as rapid acute care genomics becomes routine clinical practice. Despite views that genetic counseling practice in rapid acute care genomics is unique, these exploratory data suggest that GCs are flexible, adaptable, and sufficiently skilled to deliver patient-centered counseling in this setting. Our work indicates GCs are ready and willing to contribute at an early stage of adoption of genomic investigations in acute care.
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ItemCross-border insolvency law in Hong Kong: Recognition of foreign schemes of arrangement(Wiley, 2021-09-01)Abstract Hong Kong has no statutory cross‐border insolvency regime. Hong Kong courts have to resort to common law principles in circumstances where they are requested to recognise foreign insolvency proceedings and grant assistance. The nature and scope of these principles have been the subject of extensive debate in common law jurisdictions. In Re CW Advanced Technologies Ltd [2018] HKCFI 1705, Harris J identified the uncertainties associated with the common law position in Hong Kong. These uncertainties include whether a Hong Kong court may recognise a Singapore moratorium granted to facilitate a scheme of arrangement and, if so, whether the court may grant recognition where Singapore (i.e., the foreign jurisdiction) is not the country of incorporation. Harris J also noted the ‘urgent need to enact a statutory cross‐border insolvency regime’. This article examines the scope of the common law powers in Hong Kong and seeks to clarify the possibility for members within a corporate group located outside Singapore, where the holding company has its centre of main interests in Singapore or is otherwise eligible to use the Singapore scheme regime, to obtain recognition and assistance in Hong Kong.
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ItemSettling on a national Indigenous Australian 'voice'(WILEY, 2021-02-12)Abstract This article argues that the call for establishment of a national Indigenous ‘voice’ ought to be seen by the Australian government in historical context, primarily as a call for remediation for historical injustices, not just as an opportunity for improvement in the lives and governance of Indigenous Australians. Viewed this way, the call carries with it an imperative for government both to recognise the moral weight underpinning it and to be active in seeking to settle the matter, either by agreeing to the reform proposal or otherwise by negotiating an acceptable outcome. The article closes by considering possible ways in which settlement might occur.
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ItemReconstituting the Contemporary Corporation through Ecologically Responsive Regulation(Thomson Reuters (Professional), 2022)Corporate governance and regulation comprise two legal frameworks that operate together from, respectively, the inside out of the corporation and the outside in, to shape business conduct. This article critically analyses two different ways in which corporate governance and business regulation intersect. We argue that both fall short of addressing the ecological and social harms generated by business. The first intersection combines shareholder primacy with domain specific regulation. The second combines a stakeholder model of corporate governance with responsive regulation. Yet, there are signs that a third “ecologically responsive” intersection may emerge to shape business practice in light of the ecological crises we currently face. We see potential for this approach in recent proposals to reform corporate governance to encourage purposive, problem-focused corporations together with greater responsiveness and multiple business forms. To achieve this potential, though, requires a radical re-conceptualisation of regulation towards an “ecologically responsive” approach.
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ItemRegulating Gig Work in Australia: The Role of Competition Regulation and Voluntary Industry Standards(Competition Policy International Inc., 2022-07-20)This article surveys two recent Australian regulatory developments which highlight the critical role of competition law and voluntary industry standards in regulating gig work. In particular, the class exemption for small business collective bargaining that was recently introduced by the federal Australian Competition and Consumer Commission (“ACCC”) presents important opportunities for platform workers to enhance working conditions via collectively bargaining with platform companies. Complementing this development, the state government of Victoria is planning to introduce a set of Fair Conduct and Accountability Standards for the platform economy, which include provisions to encourage platforms to engage collectively with workers. We consider how the introduction of these voluntary industry standards may interact with federal competition laws and reflect on the impact these standards may have for gig workers on the ground.
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ItemEvaluating User Preferences, Comprehension, and Trust in Apps for Environmental Health Hazards: Qualitative Case Study(JMIR PUBLICATIONS, INC, 2022-12)BACKGROUND: Climate change is projected to increase environmental health hazard risks through fire-related air pollution and increased airborne pollen levels. To protect vulnerable populations, it is imperative that evidence-based and accessible interventions are available. The environmental health app, AirRater, was developed in 2015 in Australia to provide information on multiple atmospheric health hazards in near real time. The app allows users to view local environmental conditions, and input and track their personal symptoms to enable behaviors that protect health in response to environmental hazards. OBJECTIVE: This study aimed to develop insights into users' perceptions of engagement, comprehension, and trust in AirRater to inform the future development of environmental health apps. Specifically, this study explored which AirRater features users engaged with, what additional features or functionality needs users felt they required, users' self-perception of understanding app information, and their level of trust in the information provided. METHODS: A total of 42 adult AirRater users were recruited from 3 locations in Australia to participate in semistructured interviews to capture location- or context-specific experiences. Participants were notified of the recruitment opportunity through multiple avenues including newsletter articles and social media. Informed consent was obtained before participation, and the participants were remunerated for their time and perspectives. A preinterview questionnaire collected data including age range, any preexisting conditions, and location (postcode). All participant data were deidentified. Interviews were recorded, transcribed, and analyzed using thematic analysis in NVivo 12 (QSR International). RESULTS: Participants discussed app features and functionality, as well as their understanding of, and trust in, the information provided by the app. Most (26/42, 62%) participants used and valued visual environmental hazard features, especially maps, location settings, and hazard alerts. Most (33/42, 78%) found information in the app easy to understand and support their needs, irrespective of their self-reported literacy levels. Many (21/42, 50%) users reported that they did not question the accuracy of the data presented in the app. Suggested enhancements include the provision of meteorological information (eg, wind speed or direction, air pressure, UV rating, and humidity), functionality enhancements (eg, forecasting, additional alerts, and the inclusion of health advice), and clarification of existing information (eg, symptom triggers), including the capacity to download personal summary data for a specified period. CONCLUSIONS: Participants' perspectives can inform the future development of environmental health apps. Specifically, participants' insights support the identification of key elements for the optimal development of environmental health app design, including streamlining, capacity for users to customize, use of real time data, visual cues, credibility, and accuracy of data. The results also suggest that, in the future, iterative collaboration between developers, environmental agencies, and users will likely promote better functional design, user trust in the data, and ultimately better population health outcomes.