Outline

Overview

This unit deals with patients rights to information in the modern health care system. The unit will focus on consent to treatment and will include discussion of capacity the duty of health professionals to disclose the risks of treatment refusal of treatment and emergency health care. The unit will also examine duties of confidentiality in health care ownership of and access to medical records and information rights in medical research. Available as one of the core units for students enrolled in the MHL and GradDipHL in addition to LAWS6252. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Unit code	LAWS6058
Academic unit	Law
Credit points	6
Prohibitions ?	LAWS3452 or LAWS5152
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Christopher Rudge, christopher.rudge@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Recorded Video Presentation (10%) Submission of a recorded video presentation on questions distributed	10%	Week 06 Due date: 26 Apr 2024 at 23:59 Closing date: 26 May 2024	10 minutes
Outcomes assessed:
Assignment	Annotated Bibliography and Reflection (35%) Critical evaluations of and a personal reflection on 2 reading materials	35%	Week 09 Due date: 05 May 2024 at 23:59 Closing date: 31 May 2024	2000 words / 4 weeks
Outcomes assessed:
Assignment	Final Assignment (55%) Pt A Essay: 3000 wds (30% of total) Pt B Problem: 2000 wds (25% of total)	55%	Week 12 Due date: 26 May 2024 at 23:59 Closing date: 02 Jun 2024	5000 word total / 7 weeks
Outcomes assessed:

Assessment summary

Recorded Video Presentation (10%): Students will deliver, record and upload an oral presentation on a topic provided by the lecturer. The topic will be provided on 25 March 2024. Presentations must be no longer than 10 minutes. The recorded video presentation must be uploaded to the Canvas site Discussion Board on or before Friday 26 April 2024, 11:59pm (Sydney, Australia Time).

2000-word Evaluation and Reflection (35%): This task contains two components:

Evaluation (~1400 words) – Students will critically evaluate up to two of the prescribed texts for the unit found in the reading list on the unit Canvas site. The review should reflect in-depth research, be well structured and organised, demonstrate a critical analysis of the text(s) and be free from errors.
Reflection (~600 words) Reflections should candidly state a personal assessment of the value of the text(s) students choose to evaluate and its impact on their understanding of its content. Discussion should include students’ first impressions, difficulties, and personal indifference to or dis/agreement with the text(s).

The release date of this assignment is Monday 1 April 2024 at 9.00am. The due date is Sunday 5 May 2024, 11:59pm (Sydney, Australia Time).

Final Assignment (55%): The Final Assignment consists of a compulsory

problem-based question with a 2000-word limit
essay-based question with a 3000-word limit

The Final Assignment will be released on Monday 8 April 2024 and is due on Sunday 26 May 2024 at 11:59pm (Sydney, Australia Time).

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 exclude all footnotes. If students, as recommended, adopt the prescribed citation style (AGLC 4), then no bibliography is required. Other citations styles may be used with special permission only.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged by students.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

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.

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.

Assessment specific rubrics will be prepared in relation to the three assessments in this unit of study and be available on the assessment description sheets through Canvas.

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.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

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, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 12 noon but before 11:59pm on the due date for submission will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Learning support

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 2023 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 2023. 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

Weekly schedule

WK	Topic	Learning activity
Week -01	1: Confidentiality; 2: Privacy and Health Information	Seminar (6.5 hr)
Week -01	3: Accessing Health Information; 4: Consent to Medical Treatment	Seminar (6.5 hr)
Week 01	5: 'Informed' Refusal of Medical Treatment; 6: Information about Treatment Benefits and Risks	Seminar (6.5 hr)
Week 01	7: Health Information Rights and Medical Research	Seminar (6.5 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from submitting the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Referencing: The Sydney Law School expects students to use the Australian Guide to Legal Citation (4th edition, 2018) for footnoting style.

For LAWS6058, AGLC 4 is the prescribed citation style. Given the need to cite legislation (which may include long titles) footnotes are to be preferred to in-text citations.

A guide to AGLC 4 referencing is available via the University of Sydney Library website: see About AGLC4 referencing.

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

Primary textbooks

I Kerridge, M Lowe, C Stewart, Ethics and Law for the Health Professions (Federation Press, 4th ed, 2013)
B White, F McDonald, L Wilmott, and S Then (eds), Health Law in Australia (Lawbook Co/Thomson Reuters, 2024)

Required readings and recommended readings will be listed in the Reading Guide, which will be available on the Canvas site under Modules.

Wherever possible, links to the required and recommended readings are provided in the Reading Guide for ease of student access.

Where legislation is listed in the Reading Guide as required reading, students will be expected to access the legislation prior to class.

Similarly, journal articles and other materials flagged as required reading must be accessed before seminars. Again, links will be included in the Reading Guide to ensure all such materials are accessible.

These links will be to databases accessible because the University holds a subscription to the databases. Where any source is not available through the University library website or a University-subscribed database, then an accessible or scanned copy will be made available insofar as is possible in accordance with 'fair dealing' provisions under the Copyright Act 1968 (Cth) s 40.

Learning outcomes

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.

Outcomes
Graduate qualities

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

LO1. Understand, summarise, critically evaluate, participate in, challenge and advance the legal and ethical debates concerning confidentiality, information privacy, and consent in health care settings.
LO2. Understand and critically evaluate legal cases and statutes relevant to the dynamics of information-sharing between health practitioners and patients, and the relationship between patients and government agencies regulating privacy and health information rights.
LO3. analyse and assess the implications of digital technology on patient privacy and healthcare, including artificial intelligence and big data, and the impact of evolving healthcare delivery models on information flows and breaches.
LO4. Critically evaluate, participate in, and demonstrate understanding of debates about current laws and proposals for law reform relevant to confidentiality, health information privacy, and consent.
LO5. Clearly and effectively communicate ideas about confidentiality, health information privacy, and consent in both oral and written form, including by describing the individual learning process through the use of meta-cognitive and self-critical reflections.

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
Learning outcomes

Responding to student feedback

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

Surveys of the unit of study in 2023 identified that breaking up the seminar days into smaller sections would be desirable. This will be actioned. Comments regarding the availability and opening hours of canteen/cafes were also made. Students will be advised of food options (and if they are limited) in advance of seminars.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

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

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS6058: Information Rights in Health Care

Intensive May, 2024 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect