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Senior Lecturer
LLB (Hons) QUT, DPhil Oxon
Contact:
Room: C737
(Gardens Point campus)
Tel: (07)
3138 4066
Fax: (07)
3138 2121
Email bp.white@qut.edu.au
Ben White graduated with first class honours and a University Medal in law from the Queensland University of Technology. He won a Rhodes Scholarship to complete a DPhil at Oxford University, where his doctoral thesis investigated the role that consultation plays in the law reform process. He has worked as an associate at the Supreme Court and at Legal Aid Queensland, and was most recently the full-time Commissioner of the Queensland Law Reform Commission where he had the carriage of the Guardianship Review on behalf of the Commission.
Ben is currently a senior lecturer at the Faculty of Law at QUT, an active member of the Faculty’s Health Law Research Program and a part-time Commissioner of the Queensland Law Reform Commission. He teaches health law at undergraduate and masters level and also supervises a number of PhD students in this area. Ben has published extensively in the area of health law, with a particular focus on end of life decision-making and guardianship law.
Units currently taught:
Research Interests:
- End of life decision making, including withholding or withdrawing life-sustaining measures
- Guardianship
- Health law generally
- Law reform
- Negligence, especially medical negligence
- Qualitative interview based research on the above areas
Select Publications:
Reports:
- Ben White and Lindy Willmott, Rethinking Life-Sustaining Measures: Questions for Queensland (2005) ISBN 1 74107 090 2
- Ben also had carriage of Stage 1 of the Queensland Law Reform Commission's Guardianship Review during which the Commission produced the following publications (available at http://www.qlrc.qld.gov.au/guardianship/publications.htm):
- Queensland Law Reform Commission, Public Justice, Private Lives: A New Approach to Confidentiality in the Guardianship System, Report 62 (2007)
- Queensland Law Reform Commission, A new approach to confidentiality: A guide for people who may need help with decision-making, Miscellaneous Paper 40 (2007)
- Queensland Law Reform Commission, A new approach to confidentiality: A guide for families, friends and advocates, Miscellaneous Paper 41 (2007)
- Queensland Law Reform Commission, Public Justice, Private Lives: A Companion to the Confidentiality Report, Miscellaneous Paper 42 (2007)
- Queensland Law Reform Commission, Confidentiality in the Guardianship System: Public Justice, Private Lives, Discussion Paper, Working Paper 60 (2006)
- Queensland Law Reform Commission, Public Justice, Private Lives: A Companion Paper, Working Paper 61 (2006)
- Queensland Law Reform Commission, Public Justice, Private Lives: A CD-ROM Companion, Working Paper 62 (2006)
- Queensland Law Reform Commission, Confidentiality: Key questions for people who may need help with decision-making, Miscellaneous Paper 38 (2006)
- Queensland Law Reform Commission, Confidentiality: Key questions for families, friends and advocates, Miscellaneous Paper 39 (2006)
Refereed Articles:
- Derek Morgan and Ben White, ‘Everyday Life and the Edges of Existence: Wrongs with No Name or the Wrong Name?’ (2006) 29 University of New South Wales Law Journal 239
- Lindy Willmott, Ben White and Michelle Howard, ‘Refusing Advance Refusals: Advance Directives and Life-Sustaining Medical Treatment’ (2006) 30 Melbourne University Law Review 211 - http://www.austlii.edu.au/au/journals/MULR/2006/7.html
- Lindy Willmott and Ben White, ‘A Model for Decision-Making at the End-of-Life: Queensland and Beyond’ (2006) 25 Medicine and Law 201
- Lindy Willmott, Ben White and Donna Cooper, ‘The Schiavo Decision: Emotional, But Legally Controversial?’ (2006) 18 Bond University Law Review 132 - http://www.bond.edu.au/study-areas/law/publications/BLR/vol18/BLRVol18-1.pdf
- Lindy Willmott and Ben White ‘Charting a course through difficult legislative waters: Tribunal decisions on life-sustaining measures’ (2005) 12 Journal of Law and Medicine 441 - http://eprints.qut.edu.au/archive/00010356/01/10356.pdf
- Lindy Willmott, Ben White and Donna Cooper, ‘Interveners or Interferers: Intervention in Decisions to Withhold and Withdraw Life-Sustaining Medical Treatment’ (2005) 27 Sydney Law Review 597 - http://www.law.usyd.edu.au/slr/slr27_4/Willmott.pdf
- Ben White, Andrew Garwood-Gowers and Lindy Willmott, ‘Manslaughter under the Griffith Code: Rowing not so gently down two streams of law’ (2005) 29 Criminal Law Journal 217
- Ben White and Lindy Willmott, ‘Will You Do as I Ask?’ (2004) 4 Queensland University of Technology Law and Justice Journal 77 - http://www.law.qut.edu.au/ljj/editions/v4n1/pdf/White_Willmott.pdf
- Ben White and Lindy Willmott, ‘The Edge of Palliative Care: Certainty, But at What Price?’ (2004) 7 Flinders Journal of Law Reform 225
- Lindy Willmott and Ben White, ‘Private Thoughts of Public Representatives: Assisted Death, Voluntary Euthanasia and Politicians’ (2003) 11 Journal of Law and Medicine 77
- Ben White, ‘Howzat! Negligence, Indoor Cricket and the High Court’ (2002) 23 Queensland Lawyer 47
- Ben White, ‘The Case for Criminal and Civil Sanctions in Queensland’s Racial Vilification Legislation’ (1997) 13 Queensland University of Technology Law Journal 235
- Ben White, ‘Racial Vilification and the Freedom of Speech: Reality not Rhetoric’ (1997) National Law Review 3
- Ben White, ‘Student Peer Mentoring: A Mentor’s Perspective’ (1996) 12 Queensland University of Technology Law Journal 221
Unrefereed articles:
- Ben White and Lindy Willmott, 'Law Reform Report Examines Role of Confidentiality in Guardianship System' (2007) 28 Queensland Lawyer 127
- Lindy Willmott and Ben White, 'Asking questions about the beginning, end and meaning of life' (2006) 6 Queensland University of Technology Law and Justice Journal vii
- Ben White and Paula Rogers, ‘Confidentiality in the Guardianship System’ (2006) 26 Proctor 11
- Ben White and Paula Rogers, ‘Accountability with Privacy: Confidentiality in the guardianship system’ On Line Opinion 31 October 2006
- Lindy Willmott and Ben White, ‘Review of Australian legislation on human cloning and research involving human embryos’ (2005) 26 Queensland Lawyer 71
- Brady Pohle and Ben White, ‘JD v East Berkshire Community Health NHS Trust’ (2005) 13 Journal of Law and Medicine 23
- Ben White and Lindy Willmott, ‘Isaac Messiha (by his tutor Magdy Messiha) v South East Health’ (2005) 25 Proctor 16
- Lindy Willmott and Ben White, ‘Stopping futile medical treatment: who decides?’ (2005) 25 Queensland Lawyer 238
- Ben White and Lindy Willmott, ‘Improving law at the end-of-life: a legacy of Schiavo’s case?’ On Line Opinion 17 May 2005
- Ben White, ‘Cattanach v Melchior: Babies, Blessings and Burdens’ (2004) 24 Queensland Lawyer 296
- Ben White and Lindy Willmott, ‘Futility, Finances and Families: Decisions to Withdraw Life-Sustaining Medical Treatment’ (2004) 13 Australian Health Law Bulletin 37
- Lindy Willmott and Ben White, ‘Harvesting Sperm of the Deceased: A New Chapter?’ (2004) 12 Australian Health Law Bulletin 105
- Ben White and Lindy Willmott, ‘Withdrawing Life Support: Supporting the Judge's Decision’ On Line Opinion 24 November 2004
- Ben White and Lindy Willmott, ‘Bearing a Dead Man's Child: The Impact of Judges' Values, On Line Opinion 6 May 2004
- Lindy Willmott and Ben White, ‘Sterilisation of Children: Conferral of Jurisdiction on the Guardianship and Administration Tribunal’ (2004) 24 Queensland Lawyer 177
- Ben White, ‘Civil Liability Reform: Cattanach Overturned’ (2004) 24 Queensland Lawyer 187
- Lindy Willmott and Ben White, ‘Life After Death: Harvesting Sperm from the Deceased’ (2003) 11 Australian Health Law Bulletin 85
- Lindy Willmott and Ben White, ‘Withdrawal of Medical Treatment’ (2003) 24 Queensland Lawyer 22
- Lindy Willmott and Ben White, ‘Medical Professionals – Proposed Protection: Doctrine of Double Effect – An Update’ (2003) 24 Queensland Lawyer 21
- Lindy Willmott and Ben White, ‘Posthumous Conception: The Legal Response’ (2003) 23 Queensland Lawyer 144
- Lindy Willmott and Ben White, ‘Medical Professionals – Proposed Protection: Doctrine of Double Effect’ (2003) 23 Queensland Lawyer 96
- Ben White, ‘Maternal Duties Owed to Unborn Children While Driving’ (2002) 52 Plaintiff 46
Conference papers and presentations:
- Ben White, ‘Procedural Fairness in Guardianship Tribunals’, joint Australian and New Zealand Institute of Health Law and Ethics and Australasian Bioethics Association Conference, Melbourne 2007
- Lindy Willmott, Ben White and Michelle Howard, 'Directives about Life-Sustaining Medical Treatment: Direction or Discretion?', Australian Guardianship and Administration Conference, Melbourne 2007
- Ben White, 'Confidentiality in Guardianship Tribunals', Australian Guardianship and Administration Conference, Melbourne 2007
- Lindy Willmott, Ben White and Michelle Howard, ‘Overriding Advance Refusals of Life-Sustaining Medical Treatment’, 16th World Congress on Medical Law, Toulouse, France 2006
- Ben White and Paula Rogers, ‘Confidentiality in the guardianship regime’, joint Australian and New Zealand Institute of Health Law and Ethics and Australasian Bioethics Association Conference 2006
- Lindy Willmott and Ben White, ‘Limitations of the operation of an advance health directive in Queensland’, joint Australian and New Zealand Institute of Health Law and Ethics and Australasian Bioethics Association Conference2006
- Lindy Willmott and Ben White, ‘A Lawful Death at the End-of-Life: Reflections from the Common Law’, 15th World Congress on Medical Law, Sydney 2004
- Ben White, ‘Inclusive consultation in the Guardianship Review’, Australasian Law Reform Agencies Conference, Sydney 2006
- Ben White and Lindy Willmott, ‘Advance directives about life-sustaining medical treatment’, Clinical Oncological Society of Australia 32nd Annual Scientific Meeting, 2005
- Lindy Willmott and Ben White, ‘Advance Health Directives and Ageing’, Australian Association of Gerontology 38th Annual Conference, 2005
- Ben White, ‘Law at the End-of-Life: Palliative Care’, Supreme Court Judges Conference, May 2004
Other:
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