Dr Michaela Okninski

Dr Michaela Okninski
 Position Lecturer
 Org Unit Adelaide Law School
 Email michaela.okninski@adelaide.edu.au
 Telephone 831 33041
 Location Floor/Room 2 ,  Ligertwood ,   North Terrace

  • Biography/ Background

    I am an early career researcher at Adelaide Law School, being appointed full-time lecturer in 2021.

    I have a long conntection with the ALS community, commencing as a PhD Candidate in 2015, and Sessional Teacher in 2017. I was awarded my PhD in 2022, where I examined the statutory framework of consent in proposed voluntary assisted dying legislation in South Australia, focusing on protection against undue influence in the consent process.

    I am continuing my research in the voluntary assisted dying and am a member of the Voluntary Assisted Dying Research Sub-Committee, established by the Voluntary Assisted Dying Board of South Australia.

    I assisted the Government of South Australia to implement volutnary assisted dying in South Australia, being appointed to the Voluntary Assisted Dying Implementation Taskforce in December 2021, and the Education and Training Working Group in February 2022.

    I have an interest in law reform having worked with the South Australian Law Reform Institute (SALRI), contributing to the five-year reviews of the Ageing and Adult Safeguarding Act 1995 (SA) and the Mental Health Act 2009 (SA), focusing on the statutory definition of 'vulnerable adult' and the interplay coercion, undue influence, and the lack of decision-making capacity have on valid consent under the former legislation. Areas of research under the Mental Health Act 2009 (SA) include care and control orders, restrictive practices, inpatient treatment orders and electro-convulsive therapy.

    I am currently expanding my research repertoire and am undertaking a 12-month research fellowship at the Centre of Research Excellence on Achieving the Tobacco Endgame at the University of Queensland, focusing on law reform to combat the illicit trade of tobacco.

    Faculty Administrative Roles

    1. Editor - Adelaide Law Review Journal
    2. First Year Coordinator - Adelaide Law School
    3. Academic Integrity Officer - Adelaide Law School

     

    Available to Supervise HDR Students

  • Qualifications

    University of Adelaide - PhD (Law) 

    Flinders University - LLB/LP (Hons) 

    Barrister and Solicitor of the High Court of Australia

    Barrister and Solicitor of the Supreme Court of South Australia

     

  • Awards & Achievements

    University of Adelaide, Adelaide Law School Dean's Award - Research Award 2022 (Early Career Academic)

    University of Adelaide, Adelaide Law School Dean's Award - SALRI Impact and Engagement Award 2022 (South Australian Law Reform Institute)

    University of Adelaide, Executive Dean Award - First Year Curriculm 2021 (Maeghan Toews, Dr Kerryn Brent and Michaela Okninski)

    Recipient of Faculty of Professions Divisional Scholarship

    Recipient of Australian Government, Department of Education, Research Training Program Scholarship

  • Teaching Interests

    Medical Law and Ethics

    End-of-Life Law

    Tort Law

    Foundations of Law

    Mental Health Law

    Adult Safeguarding

    Voluntary Assisted Dying

    Medical Ethics

    Adelaide Law Review

  • Research Interests

    Voluntary Assisted Dying (Issues with Consent and Conscientious Objection)

    Regulation of Tobacco / Illicit Tobacco

    Medical Negligence

    Regulation of the Medical Profession

    Consent to Medical Treatment and Cases of Complex Consent

    Minors and Consent

    Parens Patriae Jurisdiction of the Supreme Courts

    Mental Health Law

    Ageing and Adult Safeguarding

  • Publications

    Publications

    Journal Articles

    1. Tess Rooney, Michaela Okninski, Kylie Morphett et al, 'Protecting Children from Tobacco Products in Retail Environments: A Review of Australian Tobacco Control Laws' (2025) Drug and Alcohol Review  
      https://doi.org/10.1111/dar.14033
    2. Michaela Okninski, 'Undue Influence in Euthanasia Laws' (2016) 13(2) Journal of Bioethical Inquiry 173
    3. Michaela Okninski, 'Determining a Child's Best interests when Parents Refuse Medical Treatment-CHAS v Kiszko & Anor [2016] FCWA 19' (2016) 13(3) Journal of Bioethical Inquiry 365
    4. Michaela E. Okninski, ‘Decision-Making For Children Re-visited’ (2016) 13(4) Journal of Bioethical Inquiry 467
    5. Michaela E. Okninski, ‘Best Interests of a Child (Palliative Orders)’ (2017) 14(1) Journal of Bioethical Inquiry 19
    6. Bernadette J. Richards and Michaela E. Okninski, ‘The Best Interests of a Child: A Tragedy in Three Parts: (CAHS V Kiszko & Anor [2016] FCWA 19, CAHS v Kiszko & Anor [2016] FCWA 34 and CAHS v Kiszko & Anor [2016] FCWA 75)’ (2017) 25(1) Medical Law Review 138
    7. Michaela Estelle Okninski, 'Commentary on Undue Influence Provisions under Oregon's Death with Dignity Act and California's End of Life Option Act' (2017) 25(1) Journal of Law and Medicine 77
    8. Michaela Estelle Okninski, 'A Comparative Analysis of Voluntariness Safeguards and Review Procedure under Oregon and the Netherlands' Physician Assisted Dying Laws' (2018) 41(1) Dalhousie Law Review 121
    9. Michaela Estelle Okninski, 'The Catastrophic Consequences of Negligent Misinformation - Darnley v Croydon Health Services NHS Trust [2018] UKSC 50' (2019) 16(1) Journal of Bioethical Inquiry 13
    10. Michaela Estelle Okninski, 'Why Death need not be "Reasonably Foreseeable" - The Proposed Legislative Response to Truchon and Gladu v Attorney General (Canada) and Attorney General (Quebec) [2019] QCCS 3792' (2021) 18(1) Journal of Bioethical Inquiry 5
    11. Michaela Estelle Okninski, 'Further Developments Concerning MAID in Canada-Bill C-7 Receives Royal Assent' (2021) 18(2) Journal of Bioethical Inquiry 371
    12. Michaela Estelle Okninski, ' Voluntary Assisted Dying in Australia-Key Similarities and Points of Difference Concerning Eligibility Criteria in the Individual State Legislation' (2023) 20 Journal of Bioethical Inquiry 13

    Book Chapters

    1. Michaela Estelle Okninski, 'Protection of Conscience in Australia-The Scope of Conscientious Objection Clauses for Doctors who Object to Participating in Voluntary Assisted Dying on Religious Grounds' in Paul T. Babie and Rick Sarre (eds), Religion Matters: Volume 2 Further Explorations of Connectedness (2024, Springer Nature) 167.

    Other

    1. Coral Gartner, Hollie Bendotti, Kylie Morphett and Michaela Okninski, 'Retailers will soon need a Licence to Sell CIgarettes. But more is needed to Control the Illegal Trade' The Conversation (Online, 4 March 2025) <Retailers will soon need a licence to sell cigarettes. But more is needed to control the illegal trade>
    2. Michaela Okninski and Coral Gartner, 'South Australia may Create a Smoke Free generation, setting an Example for the rest of Australia' Croakey (Online, 17 October 2024) <South Australia may create a smoke-free generation, setting an example for the rest of Australia – Croakey Health Media>
    3. Michaela Okninski, Marc Trabsky and Neera Bhatia, 'Voluntary Assisted Dying is Different to Suicide. But Federal Laws Conflate them and Restrict Access to Telehealth' The Conversation (Online, 22 February 2024) <https://theconversation.com/voluntary-assisted-dying-is-different-to-suicide-but-federal-laws-conflate-them-and-restrict-access-to-telehealth-223863> 

    Law Reform Reports 

      1. David Plater, Divya Narayan, Anita Brunacci, Holly Nicholls, Jemma Holt, Michaela Okninski, Olga Pandos, Taylor Portelli, Rachael Tan, Kin Tran, Sylvia Villios and John Williams, 'Autonomy and Safeguarding are not Mutually Inconsistent': A Review of the Operation of the Ageing and Adult Safeguarding Act 1995 (SA) (South Australian Law Reform Institute, Adelaide, 2022)

    1. Professional Associations

      Member - Law Society of South Australia

      Member - Australasian Law Academics Association 

      Member - Australasian Association of Bioethics and Health Law

    2. Professional Interests

      Voluntary Assisted Dying

      Euthanasia Laws

      Undue Influence

      Medical Negligence

      Medical Law and Ethics

      End-of-Life Law

      Testamentary Capacity

      Regulation of Tobacco and Vaping Products

      Medical Treatment - Complex Consent

      Regulation of the Medical Profession

      Mitochondrial Donation (Maeve's Law)

       

    3. Community Engagement

      Director and Secretary - Australiasian Association of Bioethics and Health Law (Nov 2022 - current)

      Restricted Medical Treatment Assessment Board (Variations in Sex Characteristics Act 2023 (ACT) (Dec 2023 - ongoing)

      Voluntary Assisted Dying Research Sub-Committee (SA Health) (2024 - current)

      Member - Voluntary Assisted Dying Implementation Taskforce (SA Health) (2021 - 2023)

       

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    Entry last updated: Monday, 14 Apr 2025

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