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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Legal case study addressing a public health issue


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. If you have your own topic that you are interested in, you will need to first seek written approval from the Lecturer in Charge (LIC). 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 Submission Turnitin 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. 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 Submission will be in .doc or .docx format, and submitted assignments will go through Turnitin.. Late assignments Penalties for late submissions apply as per University policy: · 5% is subtracted from the total assignment mark, up to a maximum of 15%; and · Assessment tasks received more than three calendar days after the due or extended date will not be allocated a mark. 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 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 1
Answered Same DayOct 17, 2020PUBH632

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

Azra S answered on Oct 21 2020
140 Votes
E-cigarette legislations in Australia
Table of Contents
1- Title page
2- Table of Contents
3- Introduction
4- Background
5- Legislation Overview
6- The Basis for Legislation and Regulatory Framework
7- Australia, a leader in Tobacco control
8- E-cigarette regulatory settings
9- Role of major stakeholders
10- Effect of legislation on public health outcomes
11- Consistency with International standards
12- Conclusion
13- Reference
E-cigarettes legislations in Australia

Introduction
Electronic cigarettes, also known as e-cigarettes are increasing in popularity not just in Australia but all over the world. There has been a steady rise in the prevalence of electronic cigarettes in Australia at a rate of about 20% according to some studies. The target market of e-cigarettes has mostly been young adults and children. Consequently, e-cigarette smokers have majorly been in these groups.
With the projected rise in the use of e-cigarettes worldwide, the implication of their use in Australia is an important field of study. The government has been conscious of the e-cigarette trend and has issued relevant guidelines and legislation regarding these. The ambiguity of e-cigarettes and their long-term health effects have made the government take up a highly precautionary stance towards e-cigarettes.
The purpose of this study is to observe the various legislations and regulatory steps implemented by the government regarding e-cigarettes. It further explores the effect of these legislations on the public and other stakeholders. Finally, it observes the regulations against the standard International guidelines regarding e-cigarettes.
In order to effectively achieve this analysis, the background of e-cigarettes in Australia is studied shortly. This is followed by a brief of the current regulations in Australia and the prevalent effect of these legislations in general. The conformity of Australian law with International standards of WHO is then analysed. In the end, a summary and conclusion to the report are provided.
Background
E-cigarettes first emerged in the international market in China, in 2003 and later spread to America by 2007 (Harrel et al, 2014). Ever since, the product has gained popularity in various countries in the world. The product was first marketed as a means to curb nicotine consumption. It soon lost that appeal and started being used for nicotine consumption increasingly (Grana, Benowitz & Glantz, 2014). Studies show that most Australians use e-cigarettes considering them to be a more refined and cleaner way of consuming nicotine rather than as a tool to curb nicotine consumption (Schraufnagel et al, 2014).
Electronic cigarettes work by delivering nicotine or other chemical substances to users in the form of vapour making the practice of smoking e-cigarettes being called vaping. Basically, e-cigarettes are electronic devices that are operated using a battery and an e-liquid which may or may not contain nicotine. The e-liquid gets vaporized and is inhaled by the user upon combustion. E-cigarettes or ENDS are marketed in the shape and colour of cigarettes and also other everyday items like pens and USB sticks (Harrell et al, 2014).
As a general regulation, e-cigarettes are allowed in Australia. However, e-liquids that contain nicotine are expressly banned and can harbour legal action.
Legislation overview
While the Australian government takes up a precautionary stance towards e-cigarettes, it takes a stern stance towards sale or commercialization of nicotine liquids throughout Australia. There are some minor differences in legislation based on territory and these are discussed as follows-
General Legislation
1- The NSW Public Health (Tobacco) Act 2008, declares it expressly illegal to sell e-cigarettes or any of its accessories to minors under the age of 18
2- E-cigarettes are illegal to be advertised or promoted in public.
3- Those e-cigarettes that do not contain nicotine are considered legal. These can be bought and used by adults.
4- Using e-cigarettes that contain nicotine in any form, more or less is prohibited and against the law.
5- E-cigarettes may result in harm to the public and bystanders. It is not deemed a product that helps quit smoking by TGA.
6- Starting 1 July 2018, e-cigarettes are not allowed in smoke-free areas under the Smoke-free Environment Act 2000 and the Passenger Transport (General) Regulation 2017.
Territory-specific legislations
7- The law regarding commercial use of e-cigarettes varies with state and territory. Supply or sale of nicotine without a license is considered an S7 poison and is prohibited in all Australian states and territories and this includes e-cigarette nicotine liquids.
8- In Western Australia, New South Wales and South Australia, it is prohibited by law to sell products that resemble tobacco...
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