Associate Professor Cameron Stewart

Profile Publications

Profile

Degrees

BEc LLB (Hons 1) Macq; GradDip Jur, Grad Dip Legal Prac NSW College of Law; PhD Syd; FACLM (Hon)

Courses Taught

• Introduction to Property and Commercial Law
• Real Property
• Torts
• Introduction to Law for the Health Professions

Areas of Interest

• Health Law
• Ethics
• Property and Equity
• Guardianship Law
• End-of-Life Decision-making
• Human Tissue Regulation

Brief Biographical Detail

Cameron Stewart is an Associate Professor in Law at Sydney Law School and Associate Professor at the Centre for Values, Ethics and the Law in Medicine at the University of Sydney. He has degrees in economics, law and jurisprudence. He has worked in the Supreme Court of New South Wales and has practiced commercial law at Phillips Fox Lawyers. His previous appointment was at Macquarie Law School, where he spent 10 years, the last of which as Dean. He is also a Board Member of the Australian and New Zealand Institute of Health Law and Ethics.

Cameron has a doctorate from the University of Sydney on end of life decision-making, which is his main area of research. Cameron is also interested in the history of Australian property law.

Cameron has worked on a number of projects for NSW Health, the NSW Guardianship Tribunal, the Office of Public Guardian and other government departments. He has also consulted for organisations such as Alzheimer’s Australia where he worked in 2005 with Sally Bolton to update their information on legal issues for people with dementia. His current project include studies on umbilical cord blood banking, direct to consumer advertising, guardianship law and consent to high risk medical procedures.

Professional Affiliations

• Legal Practitioner of the Supreme Court of New South Wales
• Solicitor and Barrister of the High Court of Australia

Membership of Gvernment Working Parties and advice groups

Research Grants

External Research Grants (as CI)

• 2008 NHMRC Project Grant - Ethical and Legal issues surrounding the decision-making process for donating and banking umbilical cord blood, $402,000
• 2007 NHMRC Project Grant - Deconstructing DTCA: Towards a differentiated policy response to Direct-to-Consumer Advertising in Australia, $185,563
• 2007 NHMRC Project Grant - Difficult decisions: a critical analysis of consent to high-risk medical procedures, $309,750
• 2004 Alzheimer’s Australia Grant - Legal aspects of dementia, $5,000
• 2004 ARC Network Grant - Ethical, Legal and Social Aspects of Health, $10,000

Publications

Books | Book Chapters | Submission to Inquiries | Position Papers | Refereed Journal Articles | Letters | Book Reviews | Conference Plenaries | Invited Presentations | Conference Presentations and Seminars | Encyclopaedia Entries

Books

• Radan, P & Stewart, C, Principles of Australian Equity and Trusts (2009, forthcoming)
• Radan, P, Stewart, C & Vickovich, I, Principles of Australian Equity and Trusts: Cases and Materials (2009, forthcoming)
• Kerridge, I, Lowe, M & Stewart, C, Ethics and Law for the Health Professions (3rd ed), Federation Press: Australia (2009) 700 pages
• Stewart, C, Kerridge, I & Parker, M, The Australian Medico-Legal Handbook, Elsevier: Australia (2008) 342 pages
• Radan, P, Stewart, C & Lynch, A, Equity & Trusts, LexisNexis Butterworths (2nd ed, 2005), (1st ed, 2001) 480 pages

Book Chapters

• Stewart, C, “Allied health professions, professionalism, ethics and law” in Rosemary Kennedy (ed), Allied Health Professionals and the Law, Federation Press: Australia (2008)
• Stewart, C, “Reporting your own and others’ conduct” in Rosemary Kennedy (ed), Allied Health Professionals and the Law, Federation Press: Australia (2008)
• Stewart, C, “Substantive Unfairness” in M Groves and HP Lee, Australian Administrative Law: Fundamentals Principles and Doctrines, CUP: Port Melbourne, Victoria (2007) 280-99
• Stewart, C, “Advance Directives: Disputes and Dilemmas” in I Freckelton and K Petersen (eds), Disputes and Dilemmas in Health Law, Federation Press: Australia (2006) 38-54
• Stewart, C, “The Paradox of Legal Systems: Medical Ethics and Law's Quest to Make Itself Redundant” in C Jordens (ed), Policing Virtue? (2005) 67-77
• Stewart, C, “The Sanctity of Life in Law: Comparisons between Jewish, Catholic, Islamic and Common Law Approaches” in Atherton, Meyerson and Radan, Law and Religion: God the State and the Common Law, Routledge: London (2005) 269-295

Submissions to Inquiry

• Submission to the Medical Treatment For the Dying Inquiry, Western Australian Parliament (65 pages)
• Submission to AHEC Regarding Developing NHMRC Ethical Guidelines For The Care Of People In Post-Coma Unresponsiveness (Vegetative State) Or Minimally Responsive State (29 pages)

Position Papers

• Bolton, S & Stewart, C, 'Legal Planning and Dementia' Alzheimer's Australia Position Paper 5, April 2005

Refereed Journal Articles

• Stewart, C, ‘One step forward, two steps back: advance care planning, Australian regulatory frameworks and the Australian Medical Association’ (with M Parker, L Wilmott, C Cartwright (2007) 37 Internal Medicine Journal 637-43
• Stewart, C, ‘Making Decisions and Advanced Care Planning: the Australian Experience of Advance Directives and Possible Future Directions’ (2005) 24(s1) Australasian Journal on Ageing s25-s29
• Stewart, C, ‘The Schiavo and Messiha cases: Resolving third party ethical and legal interventions in futile care disputes’ (with T Faunce) (2005) 183 Medical Journal of Australia 261-263
• Stewart, C, ‘A Primer on the Law of Competence to Refuse Medical Treatment’ (with P Biegler) (2004) 78 Australian Law Journal 325-42
• Stewart, C, ‘The Rule of Law and the Tinkerbell Effect: Theoretical Considerations, Criticisms and Justifications for the Rule of Law’ (2004) 4 Macquarie Law Journal 135-164
• Stewart, C, ‘Undue Influence, consent and medical treatment’ (with Andrew Lynch) (2003) 96 Journal of the Royal Society of Medicine 598-601
• Stewart, C, ‘Legal Constructions of Life and Death in the Common Law’ (2002) 2 Oxford University Commonwealth Law Journal 67-91
• Stewart, C, ‘Some legal reflections on the death of Nancy Crick’ (2002) 21 Monash Bioethics Review 15-17
• Stewart, C, ‘Assessing Competence to Refuse Medical Treatment’ (with Paul Biegler) (2001) 174 Medical Journal of Australia 522-525
• Stewart, C, ‘Public Interests and the Right to Die: Compelling reasons for overriding the right to refuse treatment’ (2001) 14 Australian Institute of Health Law and Ethics Issues Papers 1-12
• Stewart, C, ‘Substantive unfairness: a new head of abuse of power?’ (2000) 28 Federal Law Review 618-635
• Stewart, C, ‘Qumsieh's case, Civil Liabilities and the Right to Refuse Medical Treatment’ (2000) 8 Journal of Law and Medicine 56-67
• Stewart, C, ‘Tragic choices and the role of administrative law’ (2000) 321 British Medical Journal 105
• Stewart, C, ‘Determining the Validity of Advance Directives’ (with P Biegler, J Savulescu, L Skene) (2000) 172 Medical Journal of Australia 545-548
• Stewart, C, ‘Advance Directives, the Right to Die and the Common Law: Recent Problems with Blood Transfusions’ (1999) 23 Melbourne University Law Review 161 – 183
• Stewart, C, ‘Health Care and Judicial Review: A further role for the courts?’ (1999) 7 Journal of Law and Medicine 212 – 226
• Stewart, C, ‘Health Services and the Right to Live: Shortland v Northland Limited’ (1997) 1(2) Macarthur Law Review 310 - 314
• Stewart, C, ‘Who decides when I can die? Problems with proxy decisions to forego life-sustaining treatment’ (1997) 4 Journal of Law and Medicine 386 - 401

Letters

• Stewart, C, ‘Determining the Validity of Advance Directives (Letter)’ (2000) 173 Medical Journal of Australia 335

Book Reviews

• Stewart, C, ‘Strange Bedfellows. How Medical Jurisprudence Has Influenced Medical Ethics and Medical Practice’ (2003) 29(4) Journal of Medical Ethics e10

Conference Plenaries

• Stewart, C, ‘Children and medical treatment’ Australian and New Zealand Children’s Haematology and Oncology Group 2007
• Stewart, C, ‘Making Decisions: Guardianship and the Courts, Capacity and Consent’ Public Forum Minors’ Consent to Medical Treatment, NSW parliament House, 27 November 2006
• Stewart, C, ‘Neonatal intensive care and end-of-life decisions’ Chair of Plenary Panel, IIR Medico-Legal Congress 2006
• Stewart, C, ‘End-of-life decisions and withdrawal of treatment’ Australian Lawyers Alliance Medical Law Conference, 28 July 2006
• Stewart, C, ‘Legal Duties to disclose medical error’ Slater & Gordon Medical Law Forum, 2 May 2006
• Stewart, C, ‘Legal and ethical issues for child stem cell donors’ Advances in Bone Marrow Transplantation, Festschrift Professor Marcus Vowels, 19 November 2004
• Stewart, C, ‘The paradox of legal systems: medical ethics and law's quest to make itself redundant’ in Policing Virtue? Centre for Values, Ethics and the Law in Medicine, University of Sydney, 28 May 2004
• Stewart, C, ‘End of Life Decisions After Justice O’Keefe: The Role of the Family’ Intensive Care and End of Life Issues , Sydney, 28 May 2004
• Stewart, C, ‘End-of-Life Decision-Making and the Risks of Over and Under Regulation’ Australian Institute of Health Law and Ethics Conference, Hobart, 23 November 2003
• Stewart, C, ‘Beyond Bland: A New Model for Withdrawing Treatment from Incompetents’, Australian Institute of Health, Law and Ethics 2002, Conference, Newcastle, 30 June 2002
• Stewart, C, ‘A Legal Justification of Terminal Sedation’ Plenary - Australian Bioethics Association and the Australian Institute of Health, Law and Ethics Combined 2000 Conference, Sydney, 9 July 2000
• Stewart, C, ‘Refusal of Blood Transfusions: The case of Qumsieh’ presentation at the Australian Institute of Health Law and Ethics Conference, Brisbane, Queensland, Australia, October 1999
• Stewart, C, ‘The Public Interest in Preserving Life and the Right to Die’, presentation at the Australian Institute of Health Law and Ethics Conference, Brisbane, Queensland, Australia, October 1999
• Stewart, C, ‘Judicial Review of Medical Treatment Decisions’ presentation at the Australian Institute of Health Law and Ethics Conference, Melbourne, Victoria, Australia, October 1998

Invited Presentations

• Stewart, C , Introduction to advance Care Planning, Prince of Wales Hospital, 14 November 2008
• Stewart, C , Organ Donation Panel, Asia Pacific Critical Care Conference 2008, 2 November 2008
• Stewart, C , ‘Consent and Informed Consent’ St George Private Hospital Executive, 29 September 2008
• Stewart, C , ‘Legal Issues and Ageing in Australia’ colloquium/workshop, The Australasian Centre on Ageing, 29 August 2007
• Stewart, C , ‘Comment on human tissue and property: the new terra nullius’ Centre for Values Ethics and the Law in Medicine Annual Conference 2007
• Stewart, C , ‘Dying in Australia: the new law’ Combined meeting of Australian Jewish Lawyers and Medical Officers, 2007
• Stewart, C , ‘Double effect and pain relief: time for reform’ International Academy of Law and Mental Health, Padua, Italy, 2007
• Stewart, C, Ground rounds, Prince of Wales Hospital, 30 April 2007
• Stewart, C, ‘Late term abortions and the Law’ International Marcé Society Conference 2007
• Stewart, C, ‘Human tissue, property and ownership’, ANZIHLE Tissue Forum, Perth, 14 October 2006
• Stewart, C, ‘Western Australian Laws on Guardianship and the new amendments’, State Administrative Tribunal, 13 October 2006
• Stewart, C, ‘Guardianship and end-of-life decisionmaking in NSW’ University of Sydney CLE Series, March 2006
• Stewart, C, ‘NSW Health Decisions At The End-Of-Life: Working Together To Improve Practice”’, Wagga RSL, Wagga Wagga, 23 November 2006
• Stewart, C , UMP Ground Rounds, RPA Hospital, 26 October 2005
• Stewart, C, NSW Health Decisions at the end of life seminar, Coffs Harbour, 14 Sept 2005
• Stewart, C, 'Law at the bedside,' Clinical Ethics in Australia: the first National Workshop, 3rd International Conference on Communication, Medicine and Ethics (COMET), 30 June 2005
• Stewart, C, ‘Advance Directives – Whose final decision?’, College of Law Career Enhancement Series, Elder Law, 17 March 2005
• Stewart, C, NSW Health Decisions at the end of life seminar Bathurst, Charles Sturt University, 3 March 2006
• Stewart, C , ‘Property and Human Tissue’ ANZIHLE Tissue Forum, Adelaide, 31 May 2005
• Stewart, C , ‘Legal issues with advance directives’, NSW Health Advance Directives Information Session, Westmead Children’s Hospital, 9 February 2005
• Stewart, C , ‘Issues in organ donation and human tissue’ Northwestern Sydney Catenian Association, 29 June 2004
• Stewart, C, ‘The Law of Advance Directives in NSW’, NSW Chronic Care Collaborative, Homebush Bay, 5 June 2004
• Stewart, C , ‘A Brief Introduction to the History of the Common Law’ Gosford Hospital Grand Round, 9 March 2004
• Stewart, C , ‘Withdrawing Life-Sustaining Treatments from Newborns’ Grand Round, John Hunter Hospital, Newcastle, May 2003
• Stewart, C, ‘Ethical Issues and End-of-Life Treatments’ NSW Society of Palliative Medicine, Spring Meeting, 12 November 2002
• Stewart, C, ‘Rethinking End-of-Life Decisions’ Clinical Unit in Ethics and Health Law, Newcastle Hospital, Newcastle, September 2002
• Stewart, C, ‘Legal Aspects of Palliative Care’ Palliative Care Unit, St George Hospital, Sydney, 30 August 2002
• Stewart, C, ‘Psychological Research and Privacy’ Medical Psychology Reserch Unit, Department of Psychological Medicine, University of Sydney, 14 August 2002
• Stewart, C, ‘Impact of the New Privacy Laws on Psychology Practice’, Macquarie University Counselling Service, 21 June 2002
• Stewart, C, ‘Privacy Laws and Medical Research’, Sydney Cancer Centre, 20 June 2002
• Stewart, C, ‘Recent Issues in Health, Law and Ethics’, Health, Law and Ethics Conference, Terrigal, 16 February 2002
• Stewart, C, ‘Advances Directives and the Negligent Infliction of Life Sustaining Treatment’ Visiting Speaker, School of Law, University of Wales, Cardiff, March 2001
• Stewart, C, ‘Double Effect, Terminal Sedation and the Defence of Necessity’ Visiting Speaker, Ethox, Oxford University, 18 March 2001
• Stewart, C, ‘Claims for Wrongful Living’ Australian Institute of Health, Law and Ethics Melbourne Christmas Party 2000
• Stewart, C, ‘Advance Directives in the Emergency Department and the Negligent Provision of Treatment’, Health Law Seminar Series, University of Sydney, 19 April 2000
• Stewart, C, ‘The Future Impact of Administrative Law on Medical Decision-Making’, Health Law Seminar Series, University of Sydney, 10 November 1999

Conference Presentations and Seminars

• Stewart, C, ‘The Common Law of Refusal of Treatment and Advance Directives’, International Academy of Law and Mental Health Annual Conference, 3 October 2003
• Stewart, C , ‘Wrongful Living: A Wrong without a Remedy?’, Visiting Fellow Seminar, Centre for Socio-Legal Studies, Oxford University, 10 March 2001
• Stewart, C , ‘End of Life Decision-making and the Role of the Family: Lessons from the Northbridge Case’ Australian Institute of Health, Law and Ethics 2001 Conference, Melbourne 28 June 2001
• Stewart, C, ‘When is Life Not Worth Living?’ Justice for Everyone, International Disability and the Law Conference, Wollongong, 13 November 1999
• Stewart, C , ‘The Lawyer’s Song of Death: Constructions of Life and Death in the Common Law’, Thanatographia: Representations of Death Conference, University of Western Sydney, Nepean, Parramatta, New South Wales, Australia, 6 November 1999
• Stewart, C, ‘The Rule of Law in the Postmodern State’ presentation at Australasian Law Teachers Association, 1998 Legal Theory Forum, Otago University, New Zealand, July 1998

Encyclopaedia Entries

• Stewart, C, ‘Mental Capacity’ in G Albrecht (eds), Encyclopedia of Disability 5 volumes, SAGE (2005)
• Stewart, C, ‘Refusal of Life-sustaining Treatment’ in G Albrecht (ed), Encyclopedia of Disability, SAGE (2005)
• Stewart, C, ‘Substitute Decision-making’ in G Albrecht (ed), Encyclopedia of Disability, SAGE (2005)
• Stewart, C, ‘Medical Futility’ in G Albrecht (ed), Encyclopedia of Disability, SAGE (2005)