PUBLIC HEALTH LAW AND POLICY (PUBH632) Assessment Task 2 – Information and instructions Assessment Task 2: Legal case study addressing a public health issue Background For this assessment task you...

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Assessment Task 2: Legal case study addressing a public health issue



Background


For this assessment task you will write a case study, in a report format, addressing the legislative and regulatory requirements of a contemporary public health issue






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PUBLIC HEALTH LAW AND POLICY (PUBH632) Assessment Task 2 – Information and instructions Assessment Task 2: Legal case study addressing a public health issue Background For this assessment task you will write a case study, in a report format, addressing the legislative and regulatory requirements of a contemporary public health issue. You are required to select a topic from the list provided below. Due date Monday 28 October (6:00 pm) Length 2,500 words (+/-10%) Purpose To enable students to develop their legal knowledge of public health reforms, and the likely effect the implementation of these reforms may have on public health practice and individual health Value 50% Learning outcomes assessed 3, 4, 5 Assessment criteria See marking criteria below Referencing APA6 Instructions Select one of the following public health topics: 1) A voluntary health warning scheme for alcohol containers was implemented in Australia in 2011. Discuss the merits and disadvantages of voluntary industry self-regulation as an approach to providing health warnings for consumers on alcohol containers. In addressing this topic, you will need to discuss the literature about voluntary vs mandatory approaches to public health regulation as well as the circumstances in which the voluntary scheme was introduced and the research evidence about its effectiveness. 2) Discuss the regulation of electronic nicotine delivery systems (e-cigarettes) in Australia. (Note: you will need to consider regulation at both national and state/territory levels). To what extent is Australia’s regulation of e-cigarettes consistent with the Framework Convention for Tobacco Control and the World Health Organization’s report on Electronic nicotine delivery systems (submitted to the sixth session of Conference of the Parties to the WHO Framework Convention on Tobacco Control in 2014)? 3) Choose a health-related profession that is not currently registered under the Health Practitioner Regulation National Law, such as social work, speech pathology, dietetics or audiology. Discuss the arguments for and against registration of this profession under the Health Practitioner Regulation National Law, in comparison with other regulatory approaches. Presentation The assignment should follow a report-style format with an introduction, number of sections and conclusion. Headings and sub-headings should be used; they also provide clear ‘signposts’ to your content. In preparing a report, you should include: 1. A brief introduction (stating rationale, purpose and structure) 2. Number of sections (most of the report) · describe background and context (historical development, nature and scale of the health problem, political and social context of the legislation) · explain and analyse the legislative and regulatory framework of the topic · analyse the legislation in the context of changes and improvements (or otherwise) to public health outcomes · critique the roles and responsibilities of major stakeholders (government, industry, non-government organisations, etc.) and what role have they played in influencing this legislation? (if applicable) · analyse and explain whether the national legislation is consistent with international frameworks (if applicable) · explain the strategies adopted in implementing the legislation. [Note: The information in the body of the report will vary according to the topic selected for analysis] 3. Conclusion (1 paragraph) · summarise key points and arguments, and discuss future implications (if applicable). If appropriate, you may also include a number of recommendations in the conclusion. 4. References A list of references documenting the evidence used to support your arguments, should be presented at the end of the report. Refer to References below for additional details. Formatting requirements · Word document · Arial, Calibri or Times New Roman font · Size 12 font (headings can be larger/bond font if required) · 1.5 line spacing · Margins of at least 2cm left and right References In this assignment, you are expected to read widely and cite a range of sources, including scholarly texts and peer-reviewed articles (journal articles and book chapters) as well as relevant legislation, along with government reports and other grey literature where relevant. In-text referencing must be used; adhering to the recommended referencing style - APA6. The Academic Skills Unit and Library have resources to help with referencing. References acknowledge that part of your work is based on the work and material of others. Failure to acknowledge that some of your opinions and information have come from others may be regarded as plagiarism. References show your reader the range and nature of your source materials. It is important that any reference you give to published sources provides sufficient detail to enable anyone to find the book or article you are citing. Please note, the University takes a strong stand in relation to academic integrity and misconduct, information on this policy may be accessed at: http://handbook.acu.edu.au/handbooks/handbook_2018/general_information/academic_integrity_and_misconduct_-_policy_and_procedures/academic_integrity_and_misconduct_policy You can lose marks if the content, quality and layout of your references are of a poor standard. The list of references will not be included in the word count. Submission Please ensure you insert a cover page that includes your name, student number, title of assignment and word count. Also ensure page numbers are included in the paper. Assessment and marking Postgraduate students are expected to undertake independent readings and research, beyond set readings and websites, and to apply critical judgement for all assignments. The range of evidence (that is, references) used will inevitably contribute to the quality of thinking and writing, and therefore work requirement outcomes. Some particularly important references and resources for health law and policy are included in lectures, tutorials and readings on LEO, and students are encouraged to access these through relevant libraries. In preparing your assignments, students are expected to submit work that adheres to the academic standards required in relation to grammar, expression, formatting, footnoting, referencing and numbering. 1. Factors influencing marking of assignments: While all assessment contains a degree of subjectivity, the following concerns will influence the marking of assignments · The degree to which to work displays originality · Ability to obtain and analyse data and to present it appropriately · Ability to synthesize ideas · The use of appropriate concepts, models and theories · The ability to develop and sustain a line of argument · Wider reading · Ability to use sources in a critical way · Recognition of alternative perspectives · The quality of written expression · Factual accuracy · Observance of conventions governing the citation of sources and the use of the words and ideas of others 2. Marking criteria: The following five criteria will be used to assess and mark submitted reports: No. Criteria Marks 1. Demonstration of knowledge relevant to topic (Ability to describe background and context, and use relevant legal examples to illustrate arguments and discussion) 15 2. Quality and strength of argument and analysis (Ability to critically examine, synthesise and evaluate information and evidence; and present alternative perspectives) 10 3. Use of supporting evidence (Ability to support opinions and arguments by skilful use of relevant, credible and comprehensive evidence) 10 4. Organisation and clarity of writing (Ability to write succinctly and clearly, and to present information in a logical manner) 10 5. Referencing (Ability to adhere to scholarly and consistent referencing) 5 Late penalty (Applied for late submissions: 5% per day up to a maximum of 15%) · Total /50 4
Answered Same DayOct 26, 2020PUBH632

Answer To: PUBLIC HEALTH LAW AND POLICY (PUBH632) Assessment Task 2 – Information and instructions Assessment...

Abr Writing answered on Oct 27 2020
148 Votes
10
Running head: E-cigarettes
PUBLIC HEALTH LAW AND POLICY
Executive summary
E-cigarettes are primarily a battery-powered device and this resembles like a pen. The cartridge of this can lasts upon several hours and this depends upon generally the content of nicotine in it. This was introduced in the Australian market in the year 2007. The e-cigarette has been reported to contain a wide variety of potentially toxic substances. Even, the heart rate also increases after the intake of it. Some chemicals are present in it like Acrolein, formaldehyde etc which are capable to cause mutagenesis and damage to DNA. Hence, the Australian government has adopted several amendments to protect the public health and creating a hug
e concern among them. Control over this has been taken in all of the states and territories in Australia. It has also been observed that this quitting of e-cigarettes have enhanced the health of the Australian population. Various roles, as well as responsibilities of stakeholders such as government and its regulatory bodies, health charities and so on, are discussed with respect to e-cigarettes. Different policies related to e-cigarettes like HWLs, health law are analyzed. Implementation procedures with some recommendations for further improvement of e-cigarettes are also mentioned.
Table of contents
Introduction    4
Context and Background    4
Analysis of regulatory and legislative framework    5
Analysis of legislation and improvements in public health    6
Responsibilities and roles of main stakeholders    7
Role of Stakeholders in influencing legislation    8
Explanation of whether national legislation remains consistent with the international framework    8
Explanation of the strategies adopted in the implementation of legislation    9
Conclusion and recommendations with the future implication    10
Reference list    11
Introduction
The electronic cigarette is considered as the alternative-nicotine-delivery-device. This is also known as e-cigarettes or e-cigs or the "electronic-nicotine-delivery-system (ENDS)". This is basically a device that is powered by a battery and this is designed in such a way so as to deliver the nicotine and any kind of substances when this is inhaled. In Western Australia, this e-cigarette is not sold legally. Moreover, the government of Queensland and the territory of Australian capital has made an implementation in the regulation of e-cigarettes in a similar way as the combustible tobacco products.
In this report, regulation of the e-cigarette at Australia is discussed in both the national as well as state level. Besides this, the extent of consistency of Australia's regulation of the e-cigarettes with the framework convention for tobacco control is evaluated along with the report of World health organization's report on e-cigarettes (Dennis, 2013). Furthermore, the responsibilities and roles of the main stakeholders in influencing this legislation is discussed. The consistency of the national legislation with the international framework and strategies adopted in the implementation of this legislation is discussed.
Context and Background
E-cigarettes initially emerged at China in 2003 and since then it has become available on the global scale specifically over the internet for sale. This was introduced in the Australian market in 2007. In the words of Dennis (2013), it has been reported that e-cigarettes are much prevalent in young people. Over 20% of the adults aged in between 18 to 25 are addicted to this; however, the number is gradually declining with the age. The adverse effect of the e-cigarette is clearly are warrant concern. This has been reported that the majority of the e-cigarette contains a wide variety of potentially toxic substances. Even, the heart rate also increases after the intake of it. Moreover, some chemicals are present in it such as acrolein, formaldehyde etc. and these are even capable to cause mutagenesis and damage to DNA.
Since early 1990, the Australian government has made a progressive legislation in order to reduce the harmful and devastating impact of tobacco products along with smoking that has on the public health (Henningfield et al. 2016). As per the evidence of accumulated health effects, the health authorities in Australia, as well as the Australian media, has enhanced the pressure on the governments for the introduction of tougher controls to tobacco products. Currently, Australian parliamentary committee has charged the cigarette laws in Australia and has banned all the vaping devices with the nicotine liquid.
In most of the states except northern territory has made an implementation about the legislation for protecting the children from smoking tobacco min cars.
As mentioned by Keane (2014), in May 2007, South Australia became the first state in Australia in enacting a ban on smoking in a vehicle for the children who are under the age of 16 and issued $75 up to $200 for breaking this rule. Even, in January 2010, Victoria also implemented a ban on smoking at motor vehicles for the children who are under 18 years and spot-fine at about $223. This has been implemented in other states too such as in New South Wales, Queensland and in Western Australia (Kennedy, Awopegba, De León & Cohen, 2017).
Analysis of regulatory and legislative framework
As per the Australian poisons law, sale, possession and nicotine use as the form of electronic cigarette are recently against law. This is as per the legislative control in nicotine and this has applied at each state as well as territory due to the reason that this nicotine is classified as the “schedule 7- dangerous poison” under the standards of the commonwealth. As per the act of tobacco advertising and prohibition, 1992 (TAP act), in some varying degrees, all the states and territories have legislative over the control in advertising and promotion in tobacco products (Kuehnle, 2016). The TAP act does not all restricts the point-of-sale-advertising as well as displaying the retail locations, states and territories of selling tobacco and they possess all of their own controls and restrictions (WHO, 2018).
In Australian-capital-territory, promotion along with advertising of tobacco primarily is controlled by the act of tobacco and different other smoking products, 1927. As per this act, strict requirements have been set out in smoking tobacco or smoking herbal products. This has also been implemented on personal vaporizer too. Amendments to this act, in 2008 government have introduced some new restrictions at the point of sale of tobacco products. As per this amendment, all the retailers must keep the tobacco products out of the sights of customers. This particular provision was applied to the standard-tobacconists from 1st January to the specialist tobacconists from the 1st January 2011.
In New South Wales the key legislation was also related to promotion and advertising of tobacco products and in this context two acts are related to this such as an act of public health (2008) (NSW) and regulation to public health (2016). The act of public health helps in incorporating the components of tobacco control and this has been operated prior to 2008. These two legislations have prohibited over the advertising of tobacco. The act...
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