Unit of study_

LAWS6839: Critical Issues in Public Health Law

2026 unit information

This unit provides an introduction to public health law, with a substantial (but not exclusive) focus on regulation of pandemics and epidemics. The unit begins by asking ‘What is public health law?’ It explores the historical concerns and conceptual focus of public health law, and how they have evolved over time. Next, the unit reviews the sources of public health law, with a particular focus on global health governance, and the role of the World Health Organisation. The global and national sources of public health law are examined through a series of case studies. Case studies include: the global governance of pandemics and public health emergencies; access to essential medicines in low-income countries; and the impact of constitutional rights on governments’ capacity to protect public health. We also consider how common law can function as a source of public health law, through a series of cases relating to liability for transmission of sexually transmissible infections (STIs). The unit then considers two foundational topics in public health law, beginning with Australia’s legal framework for responding to public health emergencies, with a focus on Covid-19. This topic includes a simulated or ‘virtual epidemic’ that requires students to apply Australia’s legal framework for public health emergencies to a novel factual scenario. Secondly, the unit provides an introduction to the tobacco epidemic and to tobacco and nicotine control law, including different kinds of tobacco litigation in Australia and the United States, and key legislation. Key topics include: The definition and role of public health law; Case studies illustrating the sources of public health law; Australia’s legal framework for managing Covid-19 and outbreaks of contagious diseases with pandemic potential; and An introduction to tobacco control law. Throughout the unit, students will be trained to identify legal issues and to critically evaluate how law can be used as a tool to protect the public’s health, without losing focus of civil liberties and other competing public and private interests. A flexible assessment regime allows students to focus on their own areas of interest within the unit. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Managing faculty or University school:

Sydney Law School

Study level Postgraduate
Academic unit Law
Credit points 6
Prerequisites:
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None
Corequisites:
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None
Prohibitions:
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None
Assumed knowledge:
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None

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

  • LO1. Critically analyse the historical and conceptual underpinnings of public health law, as well as normative debates about the proper scope for law in protecting public health.
  • LO2. Critically evaluate sources of public health law e.g., international law, constitutional law, common law, and statute, to identify and describe the impact of the sources of public health law upon legal responses to key public health challenges.
  • LO3. Synthesise and communicate complex legal arguments, employing relevant legal research methodologies, and analytical skills, that reflect on: (i) the role of law in disease prevention, health risk mitigation, and responses to outbreaks of contagious disease with pandemic potential; (ii) the role of law in responding to tobacco use in the United States and Australia, with a particular focus on New South Wales; and (iii) the effectiveness of law in preventing disease and reducing health risks at the population level.

Unit availability

This section lists the session, attendance modes and locations the unit is available in. There is a unit outline for each of the unit availabilities, which gives you information about the unit including assessment details and a schedule of weekly activities.

The outline is published 2 weeks before the first day of teaching. You can look at previous outlines for a guide to the details of a unit.

There are no availabilities for this year.
Session MoA ?  Location Outline ? 
Session 1 Early Census 2026
Block mode Camperdown/Darlington, Sydney
Outline unavailable
Session MoA ?  Location Outline ? 
Intensive March - April 2021
Block mode Remote
Semester 1a 2022
Block mode Remote
Semester 1a 2024
Block mode Camperdown/Darlington, Sydney

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Modes of attendance (MoA)

This refers to the Mode of attendance (MoA) for the unit as it appears when you’re selecting your units in Sydney Student. Find more information about modes of attendance on our website.