Dr Malcolm Smith
This person does not currently hold a position at QUT.
BiographyMalcolm Smith joined the QUT Law School in 2011 and has worked as a full-time academic in the School from 2011 until April 2018. Malcolm has since joined Corrs Chambers Westgarth Lawyers as a Senior Adviser, working with the Health Litigation Team. Alongside his role at Corrs, Malcolm maintains a part-time role at the QUT Law School, teaching health law.
During his full-time academic appointment, Malcolm was the Higher Degree Research Coordinator, and co-leader of the Children's Health and Beginning of Life Program, which forms part of QUT's Australian Centre for Health Law Research. Malcolm has published widely in the field of health law. His research focuses on:
- the legal, regulatory and ethical issues associated with assisted reproductive technology (ART), particularly the regulation of embryo selection technologies and the creation of 'saviour siblings';
- the legal and ethical issues associated with minors' consent to, and refusal of, medical treatment, particularly the law surrounding special medical procedures; and,
- the legal and ethical issues associated with consent more generally, particularly information disclosure and negligence liability.
Malcolm completed his law degree at the University of Greenwich (UK) in 2003. Following this, he went on to complete an LLM in Health Law at Nottingham Trent University (UK). In 2006, Malcolm was awarded an International Postgraduate Research Scholarship and a Research Capacity Building Award to complete his PhD at the QUT Law School. Malcolm’s doctoral thesis examined the regulation of assisted reproductive technologies in Australia and the UK and considered whether families wishing to utilise in vitro fertilisation (IVF) and pre-implantation tissue-typing for the creation of ‘saviour siblings’ should be free to do so. Malcolm has published a scholarly monograph on this topic, entitled, Saviour Siblings and the Regulation of Assisted Reproductive Technology: Harm, Ethics and Law, which was published by Ashgate (now Routledge) in December 2015.
Alongside his PhD candidature, Malcolm was also employed as a Lecturer in Health Law at Griffith University's School of Medicine. Prior to, and after completing his PhD, Malcolm spent more than three years working for the National Health Service (NHS) in London where he was responsible for managing clinical negligence, employers’ liability, and public liability claims. During his employment at the Imperial College Healthcare NHS Trust, Malcolm was a member of the Trust’s Clinical Ethics Committee and was also a Tutor in Medical Ethics at the Department of Medicine, Imperial College London. Malcolm was also employed as a Teaching Associate at Queen Mary, University of London, where he lectured on the LLM course in Medical Jurisprudence. He was also previously a member of the Human Research Ethics Committee for Metro South, Brisbane (Queensland Health) and the Health and Guardianship Law Section Editor for the journal, The Queensland Lawyer.
Clinical Negligence, Health Law, IVF regulation, Medical Law, PGD regulation, Regulation of Assisted Reproductive Technologies, Saviour siblings
Law, Other Law and Legal Studies
Field of Research code, Australian and New Zealand Standard Research Classification (ANZSRC), 2008
Doctor of Philosophy (Queensland University of Technology), LLM (Nottingham Trent University (UK)), LLB (Hons) (Other)
- Advanced Health Law
- Law, Ethics and Nursing Practice
- Conception, Birth and the Law (LLM Unit)
- Consent to Treatment and Clinical Negligence (LLM Unit)
- Smith M, Carver T, (2018) Montgomery, informed consent and causation of harm: lessons from Australia or a uniquely English approach to patient autonomy?, Journal of Medical Ethics, 44 (6) p384
- Smith M, Taylor-Sands M, (2018) Comparing non-medical sex selection and saviour sibling selection in the case of JS and LS v Patient Review Panel: Beyond the welfare of the child?, Journal of Bioethical Inquiry, 15 (1) p139
- Kelly F, Smith M, (2017) Should court authorisation be required for surgery on intersex children? A critique of the Family Court decision in Re Carla, Australian Journal of Family Law, 31 (2) p118
- Smith M, (2015) Saviour siblings and the regulation of assisted reproductive technology: harm, ethics and law, Ashgate Publishing Limited
- Smith M, (2014) LexisNexis questions and answers: Medical law, p
- Willmott L, White B, Smith M, (2014) 'Best interests' and withholding and withdrawing life-sustaining treatment from an adult who lacks capacity in the parens patriae jurisdiction, Journal of Law and Medicine, 21 (4) p920
- Carver T, Smith M, (2014) Medical negligence, causation and liability for non-disclosure of risk: A post-Wallace framework and critique, University of New South Wales Law Journal, 37 (3) p972
- Willmott L, White B, Smith M, Wilkinson D, (2014) Withholding and withdrawing life-sustaining treatment in a patient's best interests: Australian judicial deliberations, Medical Journal Of Australia, 201 (9) p545
- Porter G, Smith M, (2013) Preventing the selection of 'deaf embryos' under the Human Fertilisation and Embryology Act 2008: problematizing disability?, New Genetics and Society, 32 (2) p171
- Smith M, (2013) The Human Fertilisation and Embryology Act 2008: restrictions on the creation of 'saviour siblings' and the relevance of the harm principle, New Genetics and Society, 32 (2) p154
- Reference year
- Malcolm is a Fellow of the UK's Higher Education Academy
- Academic Honours, Prestigious Awards or Prizes
- Reference year
- Vice-Chancellor's Performance Award for Excellence in Learning and Teaching