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. 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 ?	LAWS3452 or LAWS5152
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

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

Assessment

The census date for this unit availability is 24 April 2025

Details
Criteria

Type	Description	Weight	Due	Length
Assignment	Recorded Video Presentation (10%) Submission of a recorded video presentation on questions distributed.	10%	Week 03 Due date: 01 May 2025 at 23:59 Closing date: 02 Jun 2025	5-10 minutes
Outcomes assessed:
Assignment	Evaluation and Reflection (35%) Critical evaluations of and a personal reflection on one or two reading materials.	35%	Week 04 Due date: 09 May 2025 at 23:59 Closing date: 30 May 2025	2000 words / 7 weeks
Outcomes assessed:
Assignment	Final Assignment (55%) Pt 1: Problem: 1,500 - 2,000 wds Pt 2: Essay: 3,000 - 3,500 wds	55%	Week 07 Due date: 30 May 2025 at 23:59 Closing date: 13 Jun 2025	5,000 words total / 8 weeks
Outcomes assessed:
= AI allowed ?

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 Tuesday 25 March 2025 at 10:00am (Sydney, Australia time). Presentations must be at least 5 minutes long and no longer than 10 minutes. The recorded video presentation must be uploaded to the Canvas site on or before Thursday 1 May 2025 at 11:59pm (Sydney, Australia Time). The video should be uploaded to the applicable thread on the Canvas site's Discussion Board.

2000-word Evaluation and Reflection (35%): This task contains two components: Evaluation and Reflection. Students must evaluate and reflect on either one text or two texts, as detailed below. Students are encouraged to evaluate and reflect on academic/scholarly texts: ie, texts in which original arguments are made or original research produced. However, if students wish to evaluate or reflect on other types of texts (eg, legislation; fact sheets; reports; legal cases), they may do so according to their best judgement as to how to adapt the requirements below.

Evaluation (~1400 words) – Students will critically evaluate one text or two texts under any Topic in the Learning Guide. The text or texts may be drawn from the Required Reading or Additional Reading sections of the Learning Guide. The Learning Guide may be found on the Canvas site. The evaluation should use scholarly language to impartially but critically evaluate (ie, agree or disagree with) the key argument(s) propounded in the text/s; it should be well-organised (using subheadings where necessary) and be free from errors.
Reflection (~600 words) – Reflections should dispense with impartial criticism and give a personal comment explaining why you chose to evaluate the text/s that you did. The reflection could also include consideration of: whether the text was enjoyable to read (or not) and why; and/or whether you think the author's perspective is reliable or not; and/or considerations as to the nature of the academic text itself (ie, the impact, standards or prestige of the text or journal; the quality of the writing; and whether it should be included or excluded from future Learning Guides in this unit of study).

The release date of this assignment is 25 March 2025 at 9:00am. The due date is Friday 9 May 2025, 11:59pm (Sydney, Australia Time).

Final Assignment (55%): The Final Assignment should be no longer than 5,000 words in total. It will comprise

a problem-based question, for which between 1,500 and 2,000 words should be written.
an essay-based question, for which between 3,000 and 3,500 words should be written.

Students should organise the length of their answers according to their best judgments within the above ranges. Again, the total length of the Final Assignment should be no longer than 5,000 words.

The Final Assignment will be released on 8 April 2025 and is due on 30 May 2025 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, and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted). In this unit of study, no bibliographies are required. However, footnotes are required, as explained in the assignment instruction sheets. The instruction sheets will be available on the Canvas site under Modules.

Use of editors or proof-readers: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.

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 guide to grades.

Use of generative artificial intelligence (AI) and automated writing tools

Except for supervised exams or in-semester tests, you may use generative AI and automated writing tools in assessments unless expressly prohibited by your unit coordinator.

For exams and in-semester tests, the use of AI and automated writing tools is not allowed unless expressly permitted in the assessment instructions.

The icons in the assessment table above indicate whether AI is allowed – whether full AI, or only some AI (the latter is referred to as “AI restricted”). If no icon is shown, AI use is not permitted at all for the task. Refer to Canvas for full instructions on assessment tasks for this unit.

Your final submission must be your own, original work. You must acknowledge any use of automated writing tools or generative AI, and any material generated that you include in your final submission must be properly referenced. You may be required to submit generative AI inputs and outputs that you used during your assessment process, or drafts of your original work. Inappropriate use of generative AI is considered a breach of the Academic Integrity Policy and penalties may apply.

The Current Students website provides information on artificial intelligence in assessments. For help on how to correctly acknowledge the use of AI, please refer to the  AI in Education Canvas site.

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. For example, a submission submitted after the due time specified in the assessment summary but submitted before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 10-minute grace period.

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.

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 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

Weekly schedule

WK	Topic	Learning activity
Mid-semester break	5: Refusal of Medical Treatment; 6: Information about Treatment Benefits and Risks	Seminar (6.5 hr)
Mid-semester break	7: Information Rights and Biomedical Research	Seminar (6.5 hr)
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)

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).

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) ('AGLC 4') for your footnoting style. In LAWS6058 Information Rights in Health Care, AGLC 4 is also the expected referencing style. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. If you wish to use another referencing style, then you may consult the lecturer for exemption. Please note that if a student is granted permission to use an in-text referencing style (eg, Harvard or APA style), then a bibliography will generally be required.

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

Ian Kerridge, Michael Lowe, Cameron Stewart, Ethics and Law for the Health Professions (Federation Press, 4th ed, 2013) online: https://sydney.primo.exlibrisgroup.com/permalink/61USYD_INST/1c0ug48/alma991032457694105106
Ben White, Fiona McDonald, Lindy Willmott and Shih-Ning Then, Health Law in Australia (Lawbook Co 2024), esp ch 9: “Privacy and Confidentiality in Healthcare”, 411–464; an online version of the 2018 edition of this book is available here: https://sydney.primo.exlibrisgroup.com/permalink/61USYD_INST/12rahnq/alma991032509525205106

Other useful textbooks and resources

Sonia Allan and Meredith Blake, The Patient and the Practitioner: Health Law and Ethics in Australia (LexisNexis, 1st ed, 2014)
Janine McIlwraith and Bill Madden, Health Care & The Law (Lawbook Co, 6th ed, 2014)
Bill Madden, Janine McIlwraith and Benjamin Madden, Australian Medical Liability (LexisNexis Butterworths, 5th ed, 2024)
Nick O’Neill and Carmelle Peisah, Capacity and the Law (Sydney University Press and AustLII), 14th ed, 2021) https://austlii.community/wiki/Books/CapacityAndTheLaw/

Required Reading and Additional Reading will be listed in the Learning Guide. The Learning Guide will be available on the Canvas site under Modules.

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

Where legislation is listed in the Learning 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 Learning 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

Use of generative artificial intelligence (AI) and automated writing tools

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

LAWS6058: Information Rights in Health Care

Semester 1b, 2025 [Block mode] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI) and automated writing tools

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