Peng v NSW Health Pathology [2017] NSWCATAD 288

Decision date: 28 September 2017
“HUMAN RIGHTS – disability discrimination in employment – where President of the Anti-Discrimination Board has declined a complaint of disability discrimination in employment as lacking in substance – where employer relies on unjustifiable hardship exception – whether it is fair and just for leave to be given for complaint to proceed.”
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The Role of Courts in Shaping Health Equity

Journal of Health Politics, Policy and Law 2017, 42(5): 749-770
Author: Mark A Hall
“Over the past fifty years, courts have played a limited, yet key, role in shaping health equity in the United States in three areas of law: racial discrimination, disability discrimination, and constitutional rights. In this article, I examine in various ways the roads courts have taken, the roads not taken, and possible future paths.”
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Cerebral palsy sufferer Jessica King’s landmark win over NDIS

SMH, 18 June 2017
Author: Miki Perkins
“On May 4 the state’s Administrative Appeals Tribunal ruled the physio and gym membership should be funded through the scheme.The tribunal’s decision is the first to follow the successful appeal of Moriac resident Liam McGarrigle in the Federal Court in December 2016, also with Victoria Legal Aid assistance.”
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Assisted Dying & Disability

Bioethics. 2017, doi:10.1111/bioe.12353
Author: Riddle, C. A.
“This article explores at least two dominant critiques of assisted dying from a disability rights perspective. In spite of these critiques, I conclude that assisted dying ought to be permissible. I arrive at the conclusion that if we respect and value people with disabilities, we ought to permit assisted dying.”
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Prisoners are excluded from the NDIS – here’s why it matters

The Conversation, 14 March 2017
Author: Jesse Young, Stuart Kinner
“The National Disability Insurance Scheme (NDIS) is designed to provide access to personalised supports and services for all Australians with a disability. However, the NDIS specifically excludes prisoners.”
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South African officials were “negligent and reckless” in transfer of vulnerable patients to cut costs

BMJ 2017; 356: j632
Author: Pat Sidley
“At least 94 patients with mental illnesses and disabilities died in appalling circumstances after a contract between a private mental hospital and the Gauteng provincial government was cancelled last year.”
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Autism, intellectual disability, and a challenge to our understanding of proxy consent

Med Health Care and Philos, 2016, 1-8
Author: Abraham Graber
“While disability rights activists have generally criticized mainstream bioethics from within the confines of competing theoretical orientations, consideration of disability can highlight inadequacies internal to the principlist framework. In what follows I will argue that, in an important range of cases, we lack a satisfactory account of informed consent for treating individuals with moderate and severe intellectual disabilities.”
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National Consultation Paper: Shaping our future: discussions on disability rights

Australian Human Rights Commission, October 2016
“The Disability Discrimination Commissioner, Alastair McEwin, will be conducting a national consultation to help progress and guide development of his priorities and seek input from the disability community on how he can most effectively work to advance the rights of people with disability.”
Find paper here.

Rothonis v Lattimore [2016] NSWSC 1409

5 October 2016
“The plaintiff alleges the defendant negligently failed to carry out sufficient investigations and failed to diagnose or to prescribe treatment for a patent foramen ovale (“PFO”). On 7 June 2007 the plaintiff suffered a stroke which has left her significantly disabled. The plaintiff claims damages for alleged negligence upon the ground that the defendant failed to identify the PFO in September 2006 and allowed it to go untreated and to cause the stroke.”
Find decision here.