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Dr Bernadette Richards
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Bernadette began her professional life as an English and Drama teacher, then moved on to the RAAF where she served as an Education Officer for many years. Along the way, she studied law and decided to combine her interests in education and the law and move into an academic role.
Bernadette has worked at the University of Adelaide for a number of years and her research focus is in the area of tort law in general with a specific focus on medical law and ethics. Her current research focus sits at the nexus of ethics and the law in the context of medical treatment, with a particular emphasis on consent to medical treatment. Bernadette is currently a CI on an Australian Research Council Linkage Grant: 'On the Cutting edge: promoting best practice in surgical innovation' and is considering aspects of regulation and consent to innovative surgery. Her previous major grant was Australian Research Council Discovery Grant entitled: 'Consent in the void: moral, legal and community values in decisions about human biological donations.'
Bernadette's Ph.D challenged the existing legal framework around 'consent' to medical treatment (commonly referred to as informed consent). The thesis is entitled: Informed Choice not Informed Consent: Towards a meaningful consideration of pre-treatment advice).
Bernadette is currently Deputy Chair of the Southern Adelaide Clinical Human Research Ethics Committee and is a past member of the University of Adelaide Human Research Ethics Committee and the South Australian Council on Reproductive Technology.
Bernadette is an Associate Editor of the Journal of Bioethical Inquiry (JBI) and Secretary of the Australasian Association of Bioethics and Health Law (AABHL).
She is co-author of Medical Law and Ethics: A problem based approach (LexisNexis 2014) and Tort Law Principles (Thomson-Reuters 2013)
B.A., Dip Ed, LLB (Hons), Ph.D
Medical Law (with a particular emphasis on consent), bioethics and Tort Law
Chief Investigator, Australian Research Council Linkage Grant, "On the cutting edge: promoting best practice in surgical innovation" (INCISIVE: Interdisciplinary Collaboration Investigating surgical Innovation and Ethics), 2014 -
Chief Investigator, Australian Research Discovery Grant, “Consent in the void: moral, legal and community values in decisions before birth and after death.” 2006-2009.
Adviser, ARC Linkage Grant: Can and should we link data at a national level? Vaccine safetysurveillance: A case study Approved: Primary RFCD 3212 PUBLIC HEALTH AND HEALTH SERVICES
"Medical Law and Ethics: A Problem-Based Approach" LexisNexis 2014 (with Jennie Louise)
"Tort Law Principles" Lawbook Co 2013 (with Melissa De Zwart and Karinne Ludlow)
"Issues at the Borders of Life" ATF, 2010 (editor with Vic Pfitzner)
"Tort Law in Principle," 5th ed, Lawbook Co 2009 (with Karinne Ludlow and Any Gibson)
"Torts Law in Principle", 4th ed with Sam Blay and Andrew Gibson
'Informed Choice not Informed Consent: Shifting Focus and Protecting Interests' in Ethics Law and Society Volume V (ed N.Priaulx and A.Wrigley, Ashgate, 2013).
'The Patient Consent Conversation' in Legal and Forensic Medicine (ed. R.Beran, Springer, 2013).
'What Lies Beneath: A brief introduction to the issues underlying the development of the law in the context of medical treatment' in Public Theology in Law and Life (ed B.Edgar, P.Babie and D.Wilson, ATF, 2012)
'Life as Loss?' in Issues at the Borders of Life (ed Bernadette Richards and Vic Pfitzner, ATF, 2010)
'General Principles of Consent to Medical Treatment' in Health Law in Australia (ed Ben White, Fiona McDonald and Lindy Willmott, Lawbook Co, 2010)
'Organ and Tissue Donation' in Health Law in Australia (ed Ben White, Fiona McDonald and Lindy Willmott, Lawbook Co, 2010)
The Law of Torts, in A guide to Arbitration Practice in Australia, 2006.
'Who Controls the Use of Organs After Death? Law in the books, law in practice and the view of the people' (2012) 20 Journal of Law and Medicine 295 (with Prof Ngaire Naffine, S. De Lacey, A Braunack-Mayer and Wendy Rogers)
'Regulating Consent to Organ and Embryo Donation: The Legal Dimension of the Problem' (2012) 9 Journal of Bioethical Inquiry 49 (with Prof Ngaire Naffine)
'Directed Embryo Donation: Free Choice or Discrimination?' (2010) 18 Journal of Law and Medicine 169 (with Sheryl De Lacey and Wendy Rogers)
'Is Directed Donation Discriminatory?' (2009) 30 Australasian Science 37
'Scaring us all to death: The need for responsible legal scholarship on post-mortem organ donation' (2009) 16 Journal of Law and Medicine 696 (with Ngaire Naffine and Wendy Rogers)
Book review, 'Will I still be me? A journey through a transplant' (2008) 11 Health Expectations 317.
'Organ Donation After Cardiac Death: legal and ethical justifications for antemortem interventions,' (2007) 187 Medical Journal of Australia 168 (with Wendy Rogers)
Book review, 'Patient-Centred Ethics and Communication at the End of Life' (2007) 10 (2) Health Expectations 10 (2), 206
"PD v Dr Nicholas Harvey: A Threat to Confidentiality or Straightforward Breach of Duty?", (2003) 7 UWSLR 161
"Introducing the Internet to the Law School: Some Lessons from Adelaide" (2001) 15(3) International Review of Law Computers and Technology, 369
OtherContributing Author Oxford Australian Law Dictionary (OUP, 2010)
'Media: Exploring the final frontier of humanity' Law, Literature and the Humanities Association of Australasia: Interpellations, Dec 2013.
'Moving on from Rogers v Whitaker : A time to re-define the harm?' Australasian Association of Bioethics and Health Law, July 2013
'Wi-Fi in the Ivory Tower: Reducing isolation of the Law PhD student through social media networks' Wellness Network for Law presents: , March 2013 with Melissa DeZwart
Panel Member, Plenary panel: The Advance Care Directives draft Framework - will it meet
'Regulating Consent to Organ and Embryo Donation: An Australian Inquiry' 10th World Congress of Bioethics (Bioethics in a Globalised World)' Singapore, July 2010 (with Prof Ngaire Naffine)
'Informed Choice not Informed Consent', Australasian Association of Bioethics and Health Law, July 2010.
Panelist: 'Life's End: Rights and Responsibilities' (The Forum, Open Day University of Adelaide August 2009)
'Life as Loss?' July 2009, ABA/ANZIHLE Joint Conference (Bioethics and Health Law Conference: Future Offers, Future Threats.')
'Directed Donation of Biological Materials: An Example of Discrimination or Exercise of Free Choice?' July 2009, ABA/ANZIHLE Joint Conference (Bioethics and Health Law Conference: Future Offers, Future Threats.'with Sheryl DeLacey and Wendy Rogers)
'Directed biological donations: Do embryos and organs raise the same issues?' 9th World Congress of Bioethics, Ryeka, Croatia September 2008. (with Sheryl De Lacey and Wendy Rogers).
'Donation After Cardiac Death', National Organ Donation Summit, July 2008
'Legal and ethical considerations: Donation after cardiac death' November 2007, ABA/ANZIHLE Joint Conference (Health, Bioethics and the Law: Inclusions and Exclusions.'(with Associate Professor Wendy Rogers)
'Rogers v Whitaker: Principles, perceptions and practicalities' September 2005, 12th AAPAE Conference.
"The Role of the Internet in the LLB" Law Via the Internet 2001, 3rd AustLII Conference on Computerisation of Law via the Internet
Cafe Scientifique: Xenotransplantation - the solution to our organ shortage?' RiAus September 2012
'When are you dead?: Brain death and organ donation' RiAus, June 2011
'The Ethics of Translational Research' Healthy Development Adelaide (HDA) Forum: 'Translating Research from Bench to Bedside', July 2010
International Course for Organ Donor & Transplant Co-Ordinators: Legal & Ethical Issues Surrounding Organ Donation (with Associate Professor Wendy Rogers)July 2008
National Organ Donation Collaborative Learning Session: 'Legal and Ethical Issues Surrounding Organ Donation'(with Associate Professor Wendy Rogers), May 2008
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