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Assoc Prof Malcolm Smith

Assoc Prof

Malcolm Smith

Associate Professor
Griffith Law School
+61 (0)7 3735 5101 (Work)
N61 1.05, Nathan Campus

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Malcolm is an Associate Professor at the Griffith Law School. He is a recognised expert in the field of health law. He has an extensive body of peer-reviewed publications in the field of health law, torts and bioethics, including publications in leading national and international journals. Prior to joining the Law School in July 2019, Malcolm was the Theme Lead for Law, Ethics and Professional Practice within Griffith University's School of Medicine. Malcolm also worked as an academic at Queensland University of Technology's (QUT) School of Law for more than seven years. 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 has recently completed two major projects with Dr Elizabeth Dickson (QUT) concerning the legal and regulatory issues relevant to the support of persons with type 1 diabetes, including the administration of insulin to children with type 1 diabetes in the school setting, and the administration of insulin by carers and support workers to persons with a disability and type 1 diabetes. A major component of this work centred on consent and decision-making frameworks across all Australian States and Territories, as well as the liability of school staff and the treating health professionals responsible for the child’s care. Both projects involved undertaking research and reporting on Australia's medicine and poisons legislation, consent and confidentiality issues, negligence liability, and anti-discrimination legislation and frameworks. 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). Malcolm's doctoral thesis, submitted in 2009, 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' (Routledge, 2015). Malcolm's practical understanding of the legal and ethical issues facing health professionals has been enhanced by his professional experience. In the UK, he spent 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, as well as dealing with a range of legal issues as they arose in the hospital setting. More recently, he has worked for Corrs Chambers Westgarth Lawyers in Brisbane, as a Senior Adviser in the health litigation team. Malcolm also has experience in clinical ethics, having sat on a number of clinical ethics committees. He also currently sits on the Griffith University Human Research Ethics Committee and was also previously a member of the Human Research Ethics Committee for Metro South, Brisbane (Queensland Health).


  • Member
    Law Futures Centre2019


  • Bachelor Of Laws With Honours
    University of Greenwich1 Jan 2000 - 1 Jan 2003
  • Master Of Laws
    Nottingham Trent University1 Jan 2003 - 1 Jan 2004
  • Doctor Of Philosophy
    Queensland University of Technology1 Jan 2006 - 1 Jan 2009
  • Graduate Certificate in Academic Practice
    Queensland University of Technology, Brisbane, Australia2013 - 2014


  • Graduate Diploma of Legal Practice
    College of Law, Australia28 Oct 2019