Outline

Overview

This unit provides an introduction to public health law. It begins by asking the question ‘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 a series of case studies that illustrate the sources of public health law including the impact of international law on access to essential medicines in low income countries and the impact of constitutional rights on governments capacity to protect public health. The case studies illustrate the wide variety of legal issues that arise in public health as well as debates about the appropriate limits for law in protecting health in a liberal democracy and the irreducibly political nature of public health law. The unit then considers three foundational topics in public health law. These are Australia’s legal framework for responding to public health emergencies with a focus on pandemic influenza and other contagious diseases with pandemic potential laws role in regulating sexual health and transmission of STIs and tobacco and nicotine control. Key topics include: The definition and role of public health law Case studies illustrating the sources of public health law. The legal framework for managing pandemic influenza and other acute public health threats. An introduction to tobacco control law and laws role in promoting sexual health. Throughout the unit students will be trained to identify legal issues and to critically evaluate the impact of law on efforts to protect the public’s health with due regard to civil liberties and other competing public and private interests. A flexible assessment regime will allow students to focus on issues of interest within the unit.

Unit details and rules

Unit code	LAWS6839
Academic unit	Law
Credit points	6
Prohibitions ?	None
Prerequisites ?	None
Corequisites ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Roger Magnusson, roger.magnusson@sydney.edu.au

Type	Description	Weight	Due	Length
Presentation	[Option] Oral presentation In-class presentation on one of the scheduled intensive teaching dates	0%	Multiple weeks	10-15 min presentation (20%)
Outcomes assessed:
Assignment	[Option] Short response Short written assignment	0%	Week 04 Due date: 18 Mar 2022 at 17:00 Closing date: 08 Apr 2022	2000wd maximum, excl footnotes (20%)
Outcomes assessed:
Assignment	[Option] First Research Essay Research paper; wide choice of topics	0%	Week 11 Due date: 13 May 2022 at 17:00 Closing date: 03 Jun 2022	3500 words (40%)
Outcomes assessed:
Assignment	[Option] First Research Essay research paper; wide choice of topics	0%	Week 12 Due date: 20 May 2022 at 17:00 Closing date: 10 Jun 2022	4500 words (60%)
Outcomes assessed:
Assignment	[Option] Long Research Essay research paper; wide choice of topics	0%	Week 12 Due date: 20 May 2022 at 17:00 Closing date: 10 Jun 2022	6000 words (80%)
Outcomes assessed:
Assignment	[Option] Second Research Essay research paper; wide choice of topics	0%	Week 13 Due date: 27 May 2022 at 17:00 Closing date: 17 Jun 2022	4500 words (60%)
Outcomes assessed:
Assignment	[Option] End of semester assignment Assignment, choice of topics; to be completed during a 1 week period	0%	Week 13 Due date: 04 Jun 2022 at 17:00 Closing date: 10 Jun 2022	2,500 words (40%)
Outcomes assessed:

Assessment summary

Assessment options:

[1] 1 x 2,000 words short response question (20%) OR 1 x in-class presentation (equivalent to 2,000 words; 20%) AND 1 x 80% Research Essay (6,000 words) = 100%.

Short response questions available 9am 3 March (Wk 2); answers due 5pm Fri 18 March Wk 4; closing date: 5pm Fri 8 April Wk 7
In-class presentation topics available 5pm 21 Feb (Wk 1). In-class presentations to be scheduled during class (Sessions 2-6)
Essay topics available 9am 3 March (Wk 2)
80% Research Essay due 5pm Fri 20 May Wk 12; closing date 5pm Fri 10 June 2022

[2] 1 x 2000 words short response question (20%) AND 1 x in-class presentation (equivalent to 2,000 words; 20%) AND 1 x 60% Research Essay (4500 words) = 100%.

Short response questions available 9am 3 March (Wk 2); answers due 5pm Fri 18 March Wk 4; closing date: 5pm Fri 8 April Wk 7
In-class presentation topics available 5pm 21 Feb (Wk 1). In-class presentations to be scheduled during class (Sessions 2-6)
Essay topics available 9am 3 March (Wk 2)
60% Research Essay due 5pm Fri 20 May Wk 12; closing date: 5pm Fri 10 June 2022

[3] 1 x in-class presentation (equivalent to 2,000 words; 20%) AND 1 x 40% Research Essay (3,500 words) AND 1 x end-of-semester assignment question (40%) (2,500 words) = 100%.

In-class presentation topics available 5pm 21 Feb (Wk 1). In-class presentations to be scheduled during class (Sessions 2-6)
Essay topics available 9am 3 March (Wk 2)
40% Research Essay due Fri 13 May Wk 11; closing date: 5pm Fri 3 June
End-of-semester assignment: questions available: 9am Fri 27 May (Wk 13); answers due 5pm Sat 4 June; closing date: 5pm Fri 17 June 2022

[4] 1 x 40% Research Essay (3,500 words) AND 1 x 60% Research Essay (4,500 words) = 100%.

Essay topics available 9am 3 March (Wk 2)
40% Research Essay due 5pm Fri 13 May Wk 11; closing date: 5pm Fri 3 June
60% Research Essay due 5pm Fri 27 May Wk 13; closing date: 5pm Fri 17 June 2022

How the assessment elements relate to learning outcomes for the unit:

Short responses

The purpose of the short response option is to provide an opportunity for deep-level reflection on a specific issue considered in the unit and in the unit materials. The short responses provide the opportunity for you to consolidate a thematic area of public health law, and to receive feedback before submission of later assessment components. Students submit one response from a range of topics. The short response questions focus on a specific topic and require both description and analysis of primary sources, as well as requiring students to take an evaluative or normative approach. Footnote referencing is expected; the word count excludes footnotes.
The short response questions test LOs 1,2,3,4,5,6,7 and 8.

In-class presentations

The in-class presentations provide an opportunity for deep-level reflection on a specific issue considered in the unit and in the unit materials, and for students to demonstrate that learning in an oral presentation during class, receiving feedback before submission of later assessment components. Students present on one topic from a range of topics available. Student presentations will be scheduled into the teaching sessions to coincide with our consideration of that topic or issue.
Student giving in-class presentation will have been present in class throughout the unit. Students giving oral presentations will be questioned about the topic
Prior to presenting their in-class presentation, students should submit a 1-page summary setting out what their presentation will cover and key themes, issues, arguments and/or conclusions, as appropriate, given the focus of the presentation topic. Each class presentation will be 10-15 mins, and students will be questioned about aspects of their topic or presentation. Class presentation topics will vary from year to year and each topic may ask you to identify or discuss specific issues.
The in-class presentation tests LOs 2,3,4,5,6,7 and 8.

Research Essays

The Research Essay options provide space for students to engage in deeper level research into a doctrinal, theoretical or policy-related issue that comes within the ambit of the unit. Students will be expected to draw on the unit materials but also to conduct their own research from primary sources (cases, legislation, relevant guidelines or codes of practice), and secondary sources (textbooks, journal articles, conference papers, media sources), in order to thoroughly research the topic and develop a coherent framework, response or argument. Students are encouraged to items from the “Further reading” lists. Research essays build upon students’ knowledge of the content of public health law and require students to demonstrate their capacity for legal reasoning and evaluation, and for developing normative arguments about public health laws, and about the policy underlying such laws. Footnote referencing is expected; the word count excludes footnotes.
These Research Essays test LOs 1, 2, 3, 4, 5, 6, 7 and 8.

End-of-semester assignment

This assessment options is intended to develop and assess students’ skills in presenting a synthesis of the issues and principles that constitute the unit. This begins with a knowledge of the content of the unit materials and the issues we have considered in class. Students are expected to evaluate legal materials, and to demonstrate their capacity for developing normative arguments about public health law. However, there is less expectation that students will engage in independent research from primary and secondary materials outside the scope of the unit. There will be a choice of assignment topics and students must submit one only. Footnote referencing is expected; the word count excludes footnotes.
This assignment tests LOs 1, 2, 3, 4, 5, 6, 7 and 8.

Special Consideration

The outcome of a successful Special Consideration application for the assignments prior to the closing date is an extension. Special consideration after that date will be determined by the discretion of the lecturer.

Assessment requirement 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 2014 (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.

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.

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.

Weekly schedule

WK	Topic	Learning activity
Multiple weeks	Module 1 - Defining the content and role of public health law; Module 2 - Case studies illustrating the sources of public health law. There are 2 X pre-recorded presentations for Module 1, and 1 X pre-recorded presentations for Module 2. These introduce you to the both modules and provide a foundation for class activities on 3-4 March 2022	Independent study (2 hr)
Multiple weeks	Module 3 - Australia's legal framework for managing pandemics; Module 4 - An introduction to tobacco control. There is 1 X pre-recorded presentation for each of modules 3-4 which provide a foundation for class activities on 4-5 April. Students will also prepare for the "virtual epidemic" learning activity on 5 April	Independent study (2 hr)
Ongoing	20 April: Module 4 - An introduction to tobacco control law. Review of tobacco litigation in the United States and Australia	Block teaching (2 hr)
	20 April: Module 4 - An introduction to tobacco control law. Class activity on landmark cases in tobacco control. There will also be a class activity on scope of NSW tobacco control legislation	Workshop (2 hr)
	22 April: Module 5 - Sexual health & public health law. Conceptual approaches to law & sexual health; legislative framework in NSW; civil liability for STI transmission	Block teaching (1 hr)
	22 April: Module 5 - Sexual health & public health law. Small group work exploring perspectives on law & sexual health	Workshop (1 hr)
Week 01	Introduction to the unit and to public health law (Week 1)	Lecture (2 hr)
Week 02	3 March: Module 1, Topic 2: Understanding public health legislation - what's in a public health Act? Topic 3: What are the defining features of public health, and of public health law?	Block teaching (2 hr)
	3 March: Module 2 - Small group activity: prepare to discuss case studies illustrating the sources of public health law	Workshop (2 hr)
	4 March: Module 2 - case studies illustrating the sources of public health law. Heading 1: international law and health governance & case study on global governance of pandemics	Block teaching (2 hr)
	4 March: Module 2 - Case studies illustrating the sources of public health law. Small groups present case studies on the sources of public health law; class discussion	Workshop (2 hr)
Week 07	4 April: Module 3 - Australia's legal framework for managing pandemics. Case study 2: Australia's legal response to the Covid-19 pandemic	Block teaching (3 hr)
	4 April: Module 3 - Australia's legal framework for managing pandemics. Students prepare for "virtual epidemic" learning activity	Workshop (1 hr)
	5 April: Module 3- Australia's legal framework for managing pandemics. Complete case study 2: Australia's legal response to the Covid-19 pandemic including NSW legal response, thematic review, further case studies	Block teaching (2 hr)
	5 April: Module 3, Responding to a virtual epidemic. This activity draws on students' understanding of Australia's legal framework for responding to a contagious pandemic	Workshop (1 hr)
	5 April: Module 4 - An Introduction to tobacco control. Students work in groups to prepare responses to class activity on landmark cases in tobacco control	Workshop (1 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting 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.

Word count 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 bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

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, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

This unit is taught from issued materials, as set out in the unit outline. Reading Materials will be available for purchase from the University Copy Centre (Publish Partners). You can check the availability and the cost of your materials when you Login to student note inventory. It is recommended that you order your student notes online to avoid any queue. Oneline access to items in the syllabus may also be possible through Canvas. However, since you will be working online with other students using Zoom, I strongly recommend that students have a hard copy of the materials available.

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. Demonstrate an understanding of the historical concerns and conceptual focus of public health law, and of normative debates about the proper scope for law in protecting public health
LO2. Demonstrate an understanding of the sources of public health law, including international law, constitutional law, statute and common law, and of the impact of international and constitutional laws, statutory interpretation and common law method upon legal responses to key public health challenges
LO3. Demonstrate an understanding of the role of law in responding to outbreaks of contagious disease with pandemic potential, with a focus on international law, Commonwealth and New South Wales law
LO4. Demonstrate an understanding of the role of law in responding to tobacco use in the United States and Australia, with a particular focus on New South Wales
LO5. Demonstrate an understanding of the role of law in promoting sexual health and reducing transmission of sexually transmissible infections (STIs)
LO6. Critically evaluate the merits of legal strategies to prevent disease and reduce health risks
LO7. Demonstrate analytical skills, critical judgment and thinking in a legal context
LO8. Demonstrate the development of legal writing skills through critical reflection on the appropriate role of law in preventing disease and reducing health risks at the population level

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.

No changes have been made since this unit was last offered.

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

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

LAWS6839: Critical Issues in Public Health Law

Semester 1a, 2022 [Block mode] - Remote

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

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