Updates and background for this project (Digest)

Aguis, P, Dyson, S, Mitchell, A, Pitts, M and Smith, A, Secondary Students and Sexual Health 2002: Results of the 3rd National Survey of Australian Secondary Students, HIV/AIDS and Sexual Health (Australian Research Centre in Sex, Health & Society, La Trobe University, Melbourne, 2003)

Ashcroft, J, “Making sense of dignity” (2005) 31 Journal of Medical Ethics 679

Australia, Family Law Council, Patterns Of Parenting After Separation (1992)

Australia, Family Law Council, Sterilisation and Other Medical Procedures on Children, Report (1994)

Australia, Royal Commission on Human Relationships, Final Report: Royal Commission On Human Relationships (1977) 5 vols

Australia, Standing Committee of Attorneys General, Model Criminal Code Officers Committee, Model Criminal Code, Chapter 5, Sexual Offences Against The Person, Report (1999)

Australian Bureau of Statistics, Family Characteristics, Australia, June 2003, cat. no. 4442.0

Australian Bureau of Statistics, Birth Rates Australia 2004, cat. no. 3301.0

Australian Institute of Health and Welfare, Australia’s Welfare 2007, cat. no. AUS 93

Australian Institute of Health and Welfare, Child Protection Australia 2005-2006, Child Welfare Series no.40 (2007)

Australian Institute of Health and Welfare, Nursing and Midwifery Labour Force 2005 (2008)

Australian Institute of Health and Welfare, Young Australians: Their Health and Wellbeing 2007, cat. no. PHE 87 (2007)

Australian Law Reform Commission, Review Of Australian Privacy Law, Discussion Paper 72 (September 2007)

Bartholomew, T and Paxton, S, “General practitioners’ perspectives re competence and confidentiality in an adolescent with suspected anorexia nervosa: legal and ethical considerations” (2003) 10 Journal of Law and Medicine 308

Bartholomew, T P and Carvalho, T, “General practitioners competence and confidentiality determinations with a minor who requests the oral contraceptive pill” (2005) 13 Journal of Law and Medicine 191

Beyleveld, D and Brownsword, R, Consent In The Law (2007)

Beyleveld, D and Brownsword R, Human Dignity In Bioethics And Biolaw (2001)

Blake, M, “Religious beliefs and medical treatment: the challenge to patient consent” (2007) 19 Bond Law Review 26

Bridgeman, J, “Young people and sexual health: Whose rights? Whose responsibilities?” [2006] Medical Law Review 418

Broom, J, “The recent amendment to the Infants Act: a look at some of the legal issues” (1993) 51 The Advocate 391

Buchanan, A E and Brock D W, Deciding for others: the ethics of surrogate decision making (1990)

Bunney, L, “The capacity of competent minors to consent to and refuse medical treatment” (1997) 5 Journal of Law and Medicine 52

Carney, T, “Regulation of treatment of severe anorexia nervosa: assessing the options” (2002) 11 Australian Health Law Bulletin 25.

Chamberlain, C and MacKenzie, D, Australian Census Analytic Program: Counting the Homeless 2001, Australian Bureau of Statistics, cat. no. 2050.0 (2003)

Chisholm, R, “A brief reply to Professor Parkinson” (2007) 21 Australian Journal of Family Law 229

Chisholm, R, “Making it work: the Family Law Amendment (Shared Parental Responsibility) Act 2006” (2007) 21 Australian Journal of Family Law 143

Czech, S, “Explanations for antisocial behaviour in adolescents: the role of hormones on mental processes” (Paper presented at the Annual Australian and New Zealand Adolescent Health Conference, Sydney, 2006)

De Cruz, S P, “Parents, doctors and children: the Gillick case and beyond” [1987] Journal of Social Welfare Law 93

De Leo, D and Heller, T, “Who are the kids who self-harm? An Australian self-report survey” (2004) 181 (3) Medical Journal of Australia 140

Douglas, G, “The retreat from Gillick” (1992) 55 Modern Law Review 569

Duncan, R, Holding your breath: predictive genetic testing in young people (Doctoral thesis, Departments of Paediatrics and Public Health, The University of Melbourne, July 2005)

Dyson, S, Mitchell, A, Smith, A, Dowsett, G, Pitts, M, Hillier, L, Don’t Ask, Don’t Tell (2003)

Eekelaar, J, “The emergence of children’s rights” (1986) 6 Oxford Journal of Legal Studies 161

Ferguson, L, “The end of an age: beyond age restrictions for minors’ medical treatment decisions” Paper prepared for the Law Commission of Canada (24 October 2004)

Freyer, D R, “Care of the dying adolescent: special considerations” (2004) 113 Pediatrics 381

Fundudis, T, “Consent issues in medico-legal procedures: how competent are children to make their own decisions?” (2003) 8 Child and Adolescent Mental Health 18

Great Britain, Committee on the Age of Majority, Report of the Committee on the Age of Majority (Cmnd. 3342, 1967)

Grisso, T and Vierling, L, “Minors’ consent to treatment: a developmental perspective” (August 1978) 9 Professional Psychology 412

Grubb, A, “Commentary on Re L (Medical Treatment: Gillick Competency)” (1999) 7 Medical Law Review 58

Hockton, A, The Law Of Consent To Medical Treatment (2002)

Hodgson, D, “The historical development and ‘internationalisation’ of the children’s rights movement” (1992) 6 Australian Journal of Family Law 252

Jackson, E, Medical Law: Text, Cases, And Materials (2006)

Kang, M and Chown, P, GP Resource Kit: Enhancing The Skills Of General Practitioners In Caring For Young People From Culturally Diverse Backgrounds (NSW Transcultural Mental Health Centre and NSW Centre For The Advancement Of Adolescent Health, May 2004)

Kang, M, Bernard, D, Booth, M, Quine, S, Alperstein, G, Usherwood, T and Bennett, D, “Access to primary health care for Australian young people: service provider perspectives” (2003) 53 British Journal of General Practice 947

Kass, L, Life, Liberty, And The Defense Of Dignity: The Challenge Of Bioethics (2004)

Kennedy, I (ed), Treat Me Right (1988)

Kenny, D T, Nelson, P, Butler, T, Lennings, C, Allerton, M and Champion, U, NSW Young People on Community Orders Health Survey 2003-2006: Key Findings Report, University of Sydney (2006)

Law Reform Commission of Manitoba, Minors’ Consent To Health Care, Report 91 (1995)

Law Reform Commission of Saskatchewan, Proposals for a Consent of Minors to Health Care Act, Report (1980)

Lindsay, J, Smith, A and Rosenthal, D, “Conflicting advice? Australian adolescents’ use of condoms or the pill” (1999) 31 Family Planning Perspective 190

Loughrey, J, “Medical Information, confidentiality and a child’s right to privacy” (2003) 23 Legal Studies 510

Mallett, S, Edwards, J, Keys, D, Myers P and Rosenthal, D, Disrupting Stereotypes: Young people, drug use & homelessness (2003)

McDowell, M, “Medical treatment and children: assessing the scope of a child’s capacity to consent or refuse to consent in New Zealand” (1997) 5 Journal of Law and Medicine 81

Medical Practitioners Board of Victoria, Consent for Treatment and Confidentiality in Young People (2004)

Mendelson, D, “Historical evolution and modern implications of the concept of consent to and refusal of medical treatment in the context of the law of trespass” (1996) 17 Journal of Legal Medicine 1

Milburn, N, Rotheram-Borus, M J, Rice, E, Mallett, S and Rosenthal D, “Cross-national variations in behavioural profiles among homeless youth” (2006) 37 American Journal of Community Psychology 63

Morris, A, “Gillick, 20 years on: arrested development or growing pains?” (2005) 21 Professional Negligence 158

Musser, E, “Mandating parental involvement in minors’ abortions” (1998) 13 Berkeley Women’s Law Journal 282

National Youth Commission, Australia’s Homeless Youth: A Report of the National Youth Commission Inquiry into Youth Homelessness (2008)

NSW Centre for the Advancement of Adolescent Health, NSW Department of Health, Access Study: Youth Health Better Practice Framework (2005)

NSW Centre for the Advancement of Adolescent Health, NSW Roundtable On Youth Development (September 2006)

NSW Department of Community Services, Community Welfare Legislation Review, Review of the Children (Care and Protection) Act 1987: Recommendations for Law Reform (1997)

NSW Department of Health, Cosmetic Surgery Report (1999)

NSW Department of Health, Review Of The Human Tissue Act 1983: Report – Blood Donation And The Supply Of Blood And Blood Products (April 2002)

NSW, Guardianship Tribunal, Annual Report 2005-2006

NSW Health, Access To Health Care Among NSW Adolescents: Phase 1: Final Report (NSW Centre for the Advancement of Adolescent Health, The Children’s Hospital at Westmead, May 2002)

NSW Law Reform Commission, Invasion Of Privacy, Consultation Paper 1 (May 2007)

NSW Law Reform Commission, Minors’ Consent To Medical Treatment, Issues Paper 24 (2004)

NSW Law Reform Commission, Privacy Legislation In NSW, Consultation Paper 3 (May 2008)

NSW Law Reform Commission, Young Offenders, Report 104 (2005)

NSW, Attorney General’s Department, Criminal Law Review Division, Review Of The Law On The Age Of Criminal Responsibility Of Children (2000)

NSW, Department of Juvenile Justice, 2003 NSW Young People in Custody Health Survey: Key Findings Report (NSW Department of Juvenile Justice, 2003)

O’Brien, T, “Bone Marrow Transplantation” (Paper presented at the Public Forum on Minors’ Consent to Medical Treatment, Parliament House, Sydney, 20 November 2006)

O’Connor, I and McMillan, A, “Youth, the law and health: emerging issue in service delivery (April 1987) Queensland Law Society Journal 95

O’Lonergan, T and Zodrow, J, “Pediatric assent: subject protection issues among adolescent females enrolled in research” (Summer 2006) Journal of Law, Medicine, and Ethics 451

Parkinson, P, “Comments: The values of parliament and the best interests of children – a response to Professor Chisholm” (2007) 21 Australian Journal of Family Law 213

Parkinson, P, “The child participation principle in child protection law in New South Wales” (2001) 9 International Journal of Children’s Rights 259

Piaget, J and Inhelder, B, The Psychology of the Child (1969)

Potter, J, “Rewriting the competency rules for children: full recognition of the young person as rights-bearer” (2006) 14 Journal of Law and Medicine 64

Pratt, A, Biggs, A and Buckmaster, L, “How many abortions are there in Australia? A discussion of abortion statistics, their limitations, and options for improved statistical collection”, Parliamentary Library of Australia, Research Brief No. 9 (2004–05)

Queensland Law Reform Commission, Consent To Health Care Of Young People, Report 51 (1996) 3 vols

Read, C, Sex and the Law: A guide for health and community workers in NSW, FPA Health (2006)

Reyna, V and Farley, F, “Risk and rationality in adolescent decision making: implications for theory, practice and public policy” (Sep 2006) 7 Psychological Science in the Public Interest 1

Richards, F H, “Maturity of judgement in decision making for predictive testing for nontreatable adult-onset neurogenetic conditions: a case against predictive testing of minors” (2006) 70 Clinical Genetics 396

Ross, L F, “Health care decision-making by children: is it in their best interests?” (1997) 27 Hastings Centre Report 41

Sanci, L, Adolescent Health Care Principles (Centre for Adolescent Health, Melbourne, 2001)

Sanci, L, Sawyer, S, Weller, P, Bond, L and Patton, G, “Youth health research ethics: time for a mature minor clause?” (2004) 180(7) Medical Journal of Australia 336

Santelli, J, Rogers, A S, Rosenfeld, W, DuRant, R, Dubler, N, Morreale, M, English, A, Lyss, S, Wimberly, Y and Schissel, A, “Guidelines for adolescent health research: a position paper of the society for adolescent medicine” (2003) 33 Journal of Adolescent Health 396

Sauers, J, Sex Lives of Australian Teenagers (2007)

Scott, E, Reppucci, N D and Woolard, J, “Evaluating adolescent decision making in legal contexts” (1995) 19 Law and Human Behavior 221

Singh, S and Darroch, J E, “Adolescent pregnancy and childbearing: levels and trends in developed countries” (2000) 32 Family Planning Perspectives 14

Skegg, P D G and Paterson, R (general eds), Medical Law In New Zealand (2006)

South Australia, Parliament, House of Assembly, Select Committee on the Law and Practice Relating to Death and Dying, Final Report Of The Select Committee On The Law And Practice Relating To Death And Dying (1992)

South Australia, Select Committee of the Legislative Council on the Minors (Consent to Medical and Dental Treatment) Bill 1977-78, Report of the Select Committee of the Legislative Council on the Minors (Consent to Medical and Dental Treatment) Bill 1977-78 (1978)

South Australia, Working Party on Consent to Treatment, Report of the Working Party on Consent to Treatment (December 1983)

Steinberg, L and Cauffman, E, “(Im)maturity of judgment in adolescence: why adolescents may be less culpable than adults” (2000) 18 Behavioral Sciences and the Law 741

Steinberg L and Cauffman E, “Maturity of judgment in adolescence: psychosocial factors in adolescent decision making” (1996) 20 Law and Human Behaviour 249

Brady, S, Briton, J and Grover, S, The Sterilisation of Girls and Young Women: Issues and Progress (Human Rights and Equal Opportunity Commission, 2001)

Thomson, L, “Whose right to choose? A competent child’s right to consent to and refuse medical treatment in New Zealand” (2001) 8 Canterbury Law Review 145

University of Alberta, Institute of Law Research and Reform, Consent of Minors to Health Care, Report 19 (1975)

Weithorn, L A and Campbell, S B, “The competency of children and adolescents to make informed treatment decisions” (1982) 53 Child Development 1589

Western Australian Law Reform Commission, Consent to Sterilisation of Minors, Report No 77(II) (1994)

Western Australian Law Reform Commission, Medical Treatment For Minors, Project 77, Part 1, Discussion Paper (1988)

White, V and Hayman, J, Australian Secondary Students’ Use of Alcohol in 2005 (Cancer Council of Victoria, June 2006)

Willmott, L, White, B and Howard, M, “Refusing advance refusals: advance directives and life-sustaining medical treatment” [2006] Melbourne University Law Review 7

Worswick, D, The Law Governing Children Consenting To Medical Treatment In Australia (Thesis submitted in fulfillment of the requirements for the research degree of Master of Laws, Flinders University of South Australia, 2001)