12 Fingers or One,it's How You Play?

Australian Law Reform Commission, Essentially Yours: The Protection of Human Genetic Information in Australia, Report No 96 (2003).

Tsitas Evelyn , ‘The Role of the Creative Arts in Bioethical Debates’ (2006) 6(2) Queensland University of Technology Law and Justice Journal 255.

Ibid 260.

Geller Lisa , ‘Individual, family and societal dimensions of genetic discrimination: A case study analysis’ (1996) 2(1) Science and Engineering Ethics 71.

Johannsen Wilhelm , ‘The genotype conception of heredity’ (1911) 45 American Naturalist 129.

Otlowski Margaret , ‘Exploring the Concept of Genetic Discrimination’ (2005) 2(3) Journal of Bioethical Inquiry 165, 166.7.

Disability Discrimination Act 1992 (Cth) s 15(1).

Australian Law Reform Commission, above n 1.

Government Response to Recommendations from Essentially Yours: The Protection of Human Genetic Information in Australia, Report No 96, <alrc.gov.au/inquiries/title/alrc96/agd.htm> at 4 April 2010.

Australian Law Reform Commission, above n 1, Recommendation 9–3.

The definition of disability in section 4 the Disability Discrimination Act 1992 (Cth) was amended to include a disability that: ‘(j) may exist in the future (including because of a genetic predisposition to that disability)’.

Disability Discrimination Act 1992 (Cth), s 21A.

Disability Discrimination Act 1992 (Cth), s 21B.

X v The Commonwealth (1999) 200 CLR 177.

Ibid, [33].

Ibid, [103].

Ibid. Genetic discrimination is based on a person's genotype (genetic makeup) which means an individual is discriminated against based on their genetic predisposition towards a particular disease, regardless of whether that disease ever manifests itself.

Under the Occupation Health and Safety Act 1991 (Cth) s 16, a duty is placed on an employer to take all reasonably practicable steps to protect the health, safety and welfare of all employees at work.

Otlowski Margaret , ‘Employers’ Use of Genetic Test Information: Is there a need for Regulation?' (2002) 15 Australian Journal of Labour Law 1, 17.

Disability Discrimination Act 1992 (Cth), s 15.

Disability Discrimination Act 1992 (Cth), s 21A.

Part 1 of the Genetic Information Non-discrimination Act deals with genetic discrimination in health insurance and Part 2 of the Act covers genetic discrimination in the workforce.

Murray Thomas H , ‘Genetic Exceptionalism and “Future Diaries”: Is Genetic Information Different from other Medical Information?’ in Rothstein Mark (ed), Genetic Secrets: Protecting Privacy and Confidentiality in the Genetic Era (1997), 60.

Otlowski , above n 6, 168.

Annas George Glantz Leonard Roche Patricia , ‘Drafting the Genetic Privacy Act: Science, Policy and Practical Considerations’ (1995) 23 Journal of Law, Medicine and Ethics 360, 360.

Mainsbridge Anne , ‘Employers and Genetic Information: A New Frontier for Discrimination’ (2002) 2 Macquarie Law Journal 61, 65.

Ibid.

Murray , above n 23, 70–71.

Eckberg Merryn , ‘Governing the Risks Emerging From the Non-Medical Uses of Genetic Testing’ (2005) 3(1) Australian Journal of Emerging Technologies and Society 1, 12.

Ibid.

Annas Glantz Roche , above n 25, 360.

Manson Neil C , ‘How Not to Think about Genetic Information’ (2005) 35(4) Hastings Center Report 3.

Ibid.

Wolf Susan , ‘Beyond Genetic Discrimination: Towards the Broader Harm of Geneticism’ (1995) 23(4) Journal of Law, Medicine and Ethics, 345–353 as cited in Mainsbridge , above n 26, 82.

Jaroff Leon , Science: The Gene Hunt (1989) Time magazine <time.com/time/magazine/article/0,9171,957263,00.html> at 5 August 2010.

Annas Glantz Roche , above n 25, 365.