Deakin University
Browse

File(s) under permanent embargo

Floors and Ceilings: Coordination, Coherence and Consistency in the Relationship between Therapeutic Goods Regulation and Consumer Protection

journal contribution
posted on 2023-08-25, 05:31 authored by Penny GleesonPenny Gleeson, Marco Rizzi, Jeannie Marie Paterson
This article examines the tensions between the two Australian regimes that govern the regulation of therapeutic goods: the broad consumer protection regime of the Australian Consumer Law and the more specific regime under the Therapeutic Goods Act 1989 (Cth). The authors develop three case studies of therapeutic products (hand sanitisers, vaccines, and medical implants) to illustrate the challenges of consistency and coherence that may arise between the regimes. These challenges arise specifically when one regulatory regime responds to a public health crisis such as the COVID-19 pandemic. Our more general point however is that the regimes should act in a complementary manner, as the floor and ceiling of consumer and patient protection. This requires a coordinated, and dynamic, approach to regulation in order to ensure the relationship between the regimes remains coherent and consistent.

History

Journal

Melbourne University Law Review

Volume

47

ISSN

0025-8938

Issue

2

Publisher

Melbourne University, Law Review Association

Usage metrics

    Research Publications

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC