Unit outline_

LAWS6054: Health Care and Professional Liability

Intensive March - April, 2026 [Block mode] - Camperdown/Darlington, Sydney

This unit will provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (eg criminal law, torts, contract, discrimination law) and mechanisms for the oversight and disciplining of health professionals. The unit will explore the role of law as a means to regulate/set limits on the conduct of health professionals and examine debates about the proper role of law in regulating the provision of health care. It will also critically evaluate law reform initiatives with respect to legal liability, complaints mechanisms and disciplinary action against health professionals where relevant. Topics to be covered may include: Legal and non-legal methods of regulating the practices of health professionals; the limits imposed on health professionals by the criminal law; the principles of negligence and their application to the liability of health professionals; contractual and fiduciary duties of health professionals; liability of hospitals; discrimination in health care; procedures for complaints against health professionals; disciplinary proceedings and the statutory reporting obligations of health professionals. Available as one of the core units for students enrolled in the MHL and GradDipHL in addition to LAWS6252. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Cameron Stewart, cameron.stewart@sydney.edu.au
The census date for this unit availability is 7 April 2026
Type Description Weight Due Length Use of AI
Out-of-class quiz Early Feedback Task Early Feedback task (0%)
Online quiz
0% Week 02
Due date: 30 Mar 2026 at 23:59
5 multiple choice questions AI allowed
Outcomes assessed: LO1 LO2
Presentation Case Presentation - In Person or Video (30%)
In-class presentation or recorded MP4 video presentation (with student visibly present).
0% Week 04
Due date: 13 Apr 2026 at 23:59

Closing date: 01 May 2026
20min presentation - in class or video AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4
Written work Assignment (70%)
Written problem based questions
0% Week 07
Due date: 05 May 2026 at 23:59

Closing date: 12 May 2026
7000 words maximum / 5 days AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4
early feedback task = early feedback task ?

Assessment summary

Early feedback task (0%): This unit includes an Early Feedback Task that is designed to provide students with timely insights into their understanding and engagement with the unit content. The Early Feedback Task in this unit is a 5 multiple choice question quiz. The task will be available on Canvas from Week 1 and due 30 March 2026 at 11:59pm, Sydney Australia time. It will be tailored to reflect key concepts from the first two days of classes. Students will be provided with immediate automated feedback upon completion of the task. 

Case Presentation – In Person or Video (30%): The class presentation component will be based on a case from the materials.  It will consist of a 20-minute in-class presentation or an MP4 presentation loaded onto Canvas in lieu of presenting in class. 

Case law presentations should address the following: the facts of the case/policy background, the legal issue or issues, the ethical principles, the reasoning employed by the judges/tribunals members in reaching their decision, the decision; and some commentary about the broader implications of the decision (including whether the case was, in your view, correctly decided and what happened afterwards). Candidates will need to argue for or against a particular interpretation (of the facts or the law) to support their tentative conclusions. Presenters can choose how they wish to present the case but most students use PowerPoint or presi style presentations or handouts. 

The cases for presentation exercises can be found under each topic in the course outline, and you can also view the entire list of exercises (along with the Sign-up Sheet) on Canvas.  You will need to consult the Learning Guide to make your choice and reserve your choice of exercise (ie in-class or recorded) via the separate sign-up sheet.  

In-person presentations will occur during class at the time allocated to the case in the Learning guide. Recorded presentations must be uploaded to Canvas by 11:59pm (Sydney, Australia time) on 13 April 2026. The videos will be made available to the rest of the class.  Please submit through Canvas but if you are having difficulties, please email the video to Cameron at cameron.stewart@sydney.edu.au.

Assignment (70%): The assignment can be accessed on the Canvas site and consists of a problem question and a discussion question at or around 10:00am (Sydney, Australia time) on 1 May 2026 and must be submitted to Canvas 11:59pm (Sydney, Australia time) on 5 May 2026. The assignment will comprise 70% of the available marks for the unit and should not exceed 7000 words (including all referencing and citation). The assignment will consist of 2 questions which may be problem-based or discussion style questions. The questions will be based on issues raised by the materials and discussed in class. The assignment should be referenced using the footnotes in the Australian Guide to Legal Citation Style.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will include all footnotes and any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted). 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.  For students unable to complete the case presentation in class, the alternative form of assessment will be a video presentation.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. As the EFT is an early diagnostic tool, this task is not included in the final grade for the unit.  

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

• Completely answers the question.
• Contains striking originality of approach or analysis.
• Demonstrates exhaustive or innovative research (where independent research
required).
• Exceptionally well written, structured and expressed.
• Is otherwise exceptional in some way.

Distinction

75 - 84

• Completely answers the question.
• Achieves a critical and evaluative approach to the issues.
• Content and structure is well organised in support of the argument.
• Demonstrates extensive research and analysis to support a well-documented
argument.
• Generally well expressed and free from errors.
• Has a clear structure and is well articulated.

Credit

65 - 74

• Covers main issues fairly well in answering the question.
• Contains no significant errors
• Demonstrates an attempted critical approach to the issues.
• Demonstrates reasonably sound research and analysis in addressing the key issues.
• Has a clear structure and reasonably clear expression.

Pass

50 - 64

• Identifies the key issues, but does not follow through with a reasoned argument.
• Contains some significant errors.
• Displays satisfactory engagement with the key issues.
• Offers descriptive summary of material relevant to the question.
• Superficial use of material, and may display a tendency to paraphrase.
• Demonstrates little evidence of in-depth research or analysis.
• Adequate expression.
• Overall, demonstrates the minimum level of competence in the assessment and
satisfies the requirements to proceed to higher-level studies in the degree or subject
area.

Fail

0 - 49

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

sydney.edu.au/students/guide-to-grade

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 1. The doctor-patient relationship in social context; 2. The function of consent; 3. Criminal liability and treatment limitation; 4. Criminal negligence in medical practice Seminar (6.5 hr) LO1 LO2
1. Assisted death; 2. Abortion; 3. Duty of care; 4. Standard of care/breach of duty Seminar (6.5 hr) LO1 LO2 LO3 LO4
Week 03 1. Causation; 2. Vicarious liability, non-delegable duties and defences 1; 3. Vicarious liability, non-delegable duties and defences 2; 4. Reproductive torts Seminar (6.5 hr) LO1 LO2 LO3 LO4
1. Resource allocation, public law and health care; 2. Fiduciary duties, undue influence and conflicts of interest; 3. Human rights and discrimination in health care 1; 4. Human rights and discrimination in health care; Completion of the student feedback survey for this unit of study. Seminar (6.5 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).  

 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit are available on the Canvas site under 'Reading List'.

  • Ian Kerridge, Michael Lowe and Cameron Stewart, Ethics and law for the health professions 4th Ed (Federation Press, 2013)

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. critically analyse and interpret key cases and statutes relevant to health care and professional liability.
  • LO2. synthesise relevant cases and statutes and apply them to complex fact scenarios and legal problems.
  • LO3. evaluate and critique the rules and principles of healthcare liability, incorporating diverse perspectives.
  • LO4. apply advanced legal writing skills, effectively communicating complex legal concepts in a clear, logical, and concise manner to diverse audiences.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Changes to weighting of assessments.

More information can be found on Canvas.

Additional costs

There are no additional costs for this unit.

Site visit guidelines

There are no site visit guidelines for this unit.

Disclaimer

Important: the University of Sydney regularly reviews units of study and reserves the right to change the units of study available annually. To stay up to date on available study options, including unit of study details and availability, refer to the relevant handbook.

To help you understand common terms that we use at the University, we offer an online glossary.