Professor Thomas Faunce

Professor
BA LLB (Hons) (ANU). BMed (Newcastle) PhD (ANU; JG Crawford Prize)
+61 2 6125 3563
Room 284

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Biography

Professor Thomas Faunce is an expert in health law and nanotechnology regulation, as well as the impact on those areas of trade and investment agreements; areas where he has been awarded five Australian Research Council (ARC) Discovery grants.

Thomas was awarded an ARC Future Fellowship to investigate how nanotechnology could help solve the great public health and environmental problems of our time. This has led him to research governance issues surrounding the globalisation of artificial photosynthesis to make every road, house and vehicle on the earth’s surface make renewable fuel and fertilizer. This is achieved by using sunlight to split water into hydrogen and oxygen while absorbing atmospheric nitrogen and carbon dioxide. His research here is focused on developing a Global Project on Artificial Photosynthesis to help promote environmental sustainability. Thomas has coordinated major international conferences on these themes.

Professor Faunce holds a joint position in the ANU College of Law and the ANU Medical School (where he chairs the Professionalism and Leadership Theme). He sits on the ANU central Research Ethics Committee and on the ACT Civil and Administrative Appeals Tribunal for health professional matters.

Appointments

  • Professor jointly in ANU College of Law (Bioethics, Health Law and Human Rights) and ANU College of Medicine, Biology and the Environment (Chair, Professionalism and Leadership, Medical School).
  • ANU Central Human Reserach Ethics Committee, member
  • ACT Civil and Administrative Appeals Tribunal (ACAT), Senior Member
  • Higher Education Academy, Senior Fellow

      Recent news

      01
      Jul
      2014

      As climate change forces the world to find alternatives to fossil fuels, Prof Tom Faunce is taking a leaf from nature to address the energy challenge.

      15
      Nov
      2013

      Congratulations to Associate Professor James Stellios, Associate Professor Alex Bruce, Professor Tom Faunce, Professor Don Rothwell and Dr Hitoshi Nasu for receiving Australian Research Council Grants for 2014.

      08
      Apr
      2013
      The Royal Society at Chicheley Hall, has selected Professor Tom Faunce, along with other leading international resea

      In the Media

      15
      Aug
      2016
      Thomas Faunce writes in World Economic Forum Agenda
      28
      Jun
      2016
      Thomas Faunce quoted in Nine News website
      1
      Jun
      2016
      Thomas Faunce interviewed by ABC's PM Program

      Past events

      09-10
      Sep
      2016
      Lord Howe Island
      2.00PM to 10.00PM
      Conference
      • Dan Nocera, Harvard
      • Dohyung Kim, Berkeley
      • KB Yoon, Sogang
      • Chennupati Jagadish, ANU

      The third international conference dedicated to developing the scientific breakthroughs and governance structures for globalising artificial photosynthesis and promoting its role in environmental and social sustainability will be held 9-11 September 2016 at Lord Howe Island, a beautiful world heritage-listed site in the South Pacific.

      07
      Sep
      2016
      Sustainocene CD cover
      6.00PM to 8.00PM
      Seminar

      Join us for debut of an album of songs about people living in a Sustainocene world powered by global artificial photosynthesis (roads and buildings making clean fuel, food and fertiliser from sunlight water and air) by Mark Walmsley and Tom Faunce.

      07-08
      Sep
      2016
      Event image
      9.00AM to 2.00PM
      Workshop
      • Nate Lewis, Caltech
      • Chennupati Jagadish, ANU
      • Dohyung Kim, Berkeley
      • James Blackmore, Kansas

      This workshop builds upon unique Australian interdisciplinary research and collaborations to develop novel approaches to governance leadership in the frontier renewable energy technology of artificial photosynthesis (making fuels, food and fertilizer from sunlight, water, atmospheric nitrogen and carbon dioxide).

      Please note, only a small selection of recent publications and activities are listed below.

      Research biography

      Professor Thomas Faunce is an expert in health law and nanotechnology regulation, as well as the impact on those areas of trade and investment agreements; areas where he has been awarded five Australian Research Council (ARC) Discovery grants. He has published 4 books, over 40 book chapters and over 150 refereed articles in those areas.

      Thomas was awarded an ARC Future Fellowship to investigate how nanotechnology could help solve the great public health and environmental problems of our time. This has led him to research governance issues surrounding the globalisation of artificial photosynthesis to make every road, house and vehicle on the earth’s surface make renewable fuel and fertilizer. This is achieved by using sunlight to split water into hydrogen and oxygen while absorbing atmospheric nitrogen and carbon dioxide. His research here is focused on developing a Global Project on Artificial Photosynthesis to help promote environmental sustainability. Thomas has coordinated major international conferences on these themes.

      Professor Faunce holds a joint position in the ANU College of Law and the ANU Medical School (where he chairs the Professionalism and Leadership Theme). He sits on the ANU central Research Ethics Committee and on the ACT Civil and Administrative Appeals Tribunal for health professional matters.

      Select Publications

      Recent Books

      Faunce TA (ed) Nanotechnology Toward the Sustainocene Pan Stanford 2015

      Faunce TA Nanotechnology for a Sustainable World: Global Artificial Photosynthesis as Nanotechnologys Moral Culmination Edward Elgar, 2012.

      Faunce TA Who Owns Our Health. Medical Professionalism, Law and Leadership Beyond the Age of the Market State University of NSW Press. 2007 (Johns Hopkins University Press in USA and Europe

      Recent Edited Journal editions

      Faunce TA (editor of volume). “Research Front: Artificial Photosynthesis: Energy, Nanochemistry and Governance. Australian Journal of Chemistry 2012; 65 (6) (special open source edition with support of UNESCO Natural Sciences Sector and International Year of Chemistry). http://www.publish.csiro.au/nid/52/issue/5915.htm

      Faunce TA (editor of volume). Does the World Need a Global Project on Artificial Photosynthesis? Interface Focus 2015; 5: 0029 (special open source edition)

      Recent Book Chapters

      Faunce TA, Wasson A and Crow K “Environmental Sustainability and Global Health Law: The Case Study of Global Artificial Photosynthesis” University College London: Current Legal Issues: Volume 16 in Law and Global Health (Freeman, Hawkes and Bennett eds) OUP. Oxford. 2014. 465-477

      Faunce TA and Donohoo G “Health and Medical Research” in White B, McDonald F and Willmott L. Health Law in Australia. Lawbook Co. Sydney. 2nd ed 2014. 771-799.

      Faunce TA and Vines T “Biotechnology and Nanotechnology Regulation in Australia” in White B, McDonald F and Willmott L. Health Law in Australia. Lawbook Co. Sydney. 2nd ed 2014. 835-865.

      'Nanotechnology and Military Attacks on Photosynthesis' in Nasu H and McLaughlin R New Technologies and the Law of Armed Conflict Springer 2014 175-190

      Nanomaterial Governance, Planetary Health, and the Sustainocene Transition. Faunce TA, Bruce A and Donohoo A in Hull M and Bowman D (eds) Nanotechnology Environmental Health and Safety Elsevier 2nd Ed (2014) 365-394

      Because they have evidence: Globalizing financial incentives for corporate fraud whistleblowers Faunce TA, Crow K, Nikolic T and Morgan FM. in Brown AJ, Lewis D, Moberly R and Vandekerckhove (eds) International Handbook on Whistleblowing Research Edward Elgar (2014)  381-404

      Recent Articles

      1. Vines T, Bruce A, Faunce TA. “Planetary Medicine and the Waitangi Tribunal Whanganui River Report: Global Health Law Embracing Ecosystems as Patients.” Journal of Law and Medicine 2013; 20: 528-541
      2. Faunce TA, Lubitz W, Rutherford AW, MacFarlane D, Moore GF, Yang P, Nocera DG, Moore TA, Gregory DH, Fukuzumi S,Yoon KB,   Armstrong FA, Wasielewski MR, Styring S. Energy and Environment Policy Case for a Global Project on Artificial Photosynthesis. Energy and Environmental Science 2013, 6 (3), 695 - 698 DOI:10.1039/C3EE00063J
      3. Faunce TA, Styring S, Wasielewski MR, Brudvig GW, Rutherford AW, Messinger J, Lee AF, Hill CL, deGroot H, Fontecave M, MacFarlane DR, Hankamer B, Nocera DG, Tiede DM, Dau H, Hillier W, Wang, Amal R. “Artificial Photosynthesis as a Frontier Technology for Energy Sustainability” Energy Environ. Sci., 2013; 6, 1074-1076. DOI:10.1039/C3EE40534F
      4. Vines T and Faunce TA. Cancer Voices Australia v Myriad Genetics Inc [2013] FCA 65: Should gene patent monopolies trump public health? Journal of Law and medicine 2013; 20(4): 747-758.
      5. Nick A Buckley and Thomas A Faunce. Trials and tribulations in the removal of dextropropoxyphene from the Australian Register of Therapeutic Goods. Med J Aust 2013; 199 (4): 257-260.
      6. Faunce TA Disclosure of Material Risk as Systems Error Tragedy: Wallace v Kam (2013) 87 ALJR 648 [2013] HCA 19. JLM 2013; 21(1) 53-65.
      7. Hitoshi Nasu and Thomas Faunce, 'Nanotechnology in Japan: A Route to Energy Security After Fukushima?' (2013) 69(5) Bulletin of the Atomic Scientists 68-74.
      8. Vines T, Donohoo A, Faunce TA. Government Controls over Health-Related Not-For–Profit Organisations: Agency for International Development v Alliance for Open Society International JLM 21; 2013: 278-293.
      9. Colton C and Faunce TA. Commissions of Audit in Australia: Health System Privatisation Directives and Civil Conscription Protections JLM 2014; 21: 561-571
      10. Vines T and Faunce TA. Hippocratic Obligation to Shareholder profit? Medical Treatment patents and the Australian High Court in Apotex Pty ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50 JLM 2014; 21:797-809.
      11. Joo Chuan Ang,Mark J. Henderson, Richard A. Campbell, Jhih-Min Lin, Peter N. Yaron, Andrew Nelson, Thomas Faunce and John W. White. 'Human serum albumin binding to silica nanoparticles – effect of protein fatty acid ligand' Phys. Chem. Chem. Phys (2014)
      12. Colton C and Faunce TA. The Health Legislation Amendment Act 2013 (Qld) and Queensland’s Health Assets Privatisation Dispute JLM 2014; 22: 54-64
      13. Bricknell R and Faunce T Crime’s Amendment (Zoe’s Law) Bill 2013 (no 2): Paradoxical commercial impacts of the conservative agenda on fetal rights 2014 22 JLM 308-315
      14. Faunce TA. Does the World Need a Global Project on Artificial Photosynthesis? Interface Focus 2015; 5: 0029
      15. Bruce A and Faunce TA Sustainable fuel, food, fertilizer and ecosystems through a global artificial photosynthetic system: overcoming anticompetitve barriers. Interface Focus 2015; 5: 0011
      16. Faunce TA ACCC v Pfizer Evergreening and market power as a blockbuster drug goes off patent JLM 2015; 22: 771-787
      17. Faunce TA Australia’s embrace of investor-state dispute settlement: a challenge to the social contract ideal? Australian Journal of International Affairs 2015; DOI: 10.1080/10357718.2015.1048781
      18. Faunce TA How the Australia-US Free Trade Agreement Compromised the Pharmaceutical benefits Scheme Australian Journal of International Affairs 2015; DOI: 10.1080/10357718.2015.1048785
      19. Wallace J, Pyman E Faunce TA Australian Competition and Consumer Commission v CAN 117372915: Should Consumer Law Regulate Doctor-Patient Relations in A Corporatised Health care System (2015) 23 (1) JLM 55-67
      20. McCallum L, Faunce TA Myriad Voices Against Gene Patents in the Australian High Court (2015) JLM 23(2):322-9
      21. Faunce T McKenna M, Rayner J Hawes J Regulation of Medical Professionals and national Security: Lessons From Three Case Studies (2016) 23 (3)  JLM 544-556

      Grants

                                      ARC Discovery Grant DP 0556635 : Dr TA Faunce; Prof P Drahos; Prof D Henry

      Approved Title: The Impact of International Trade Agreements on the Regulation and Provision of Medicines in Australia

      Funding: 2005 : $145,000 2006 : $100,000 2007 : $140,000

      Project Summary:

      This Project will provide policy makers and the community with previously unavailable detailed information and regulatory options (through scholarly publications, reports to government agencies and a publicly accessible website) concerning the effects of Australia's international trade commitments on access to medicines. It will develop a strategic modelling system and a continuing research group with unique expertise for evaluating the health impacts of future trade negotiations by Australia and other nations. The Project particularly benefits aged and poor Australians who are more reliant on medicines for health and for whom such costs represent a significant component of domestic expenditure.

      ARC Discovery Grant DP0772231:               Dr TA Faunce

      Approved Title: Regulating Medical Nanotechnology in Australia: Developing Practical Improvements in Safety and Cost‑Effectiveness Analysis

      Funding: 2007 :$62,294 2008 :$62,294 2009 :$30,000

      Project Summary

      This Project will provide policy makers with previously unavailable detailed information and well developed, innovative regulatory options, on how best to ensure safe and cost‑effective use of one of the fastest growing areas of Australian research and development: medical nanotechnology. The Project will benefit Australian healthcare workers and patients who will increasingly be exposed to, and concerned about, the risks of medical nanotechnology. It will help to facilitate export and institutional uptake of Australian medical nanotechnology products, by ensuring they comply with world's best practise safety standards and offer value for public expenditure.

      ARC Discovery Grant DP 1092584:Tom Faunce and Gregor Urbas (together with Ms L Skillen)

      Approved Title: Detecting Fraud and Anti-Competitive Behaviour in the Australian Pharmaceutical and Medical Device Industries.

      Funding: 2010 $50,000 2011: $23,000 2012: $53,000

      Project Summary: This Project will deliver law reform proposals to ensure greater accountability and a reduction of fraud and anti-competitive behaviour associated with over 6 billion dollars of public money expended each year under the Pharmaceutical Benefits Scheme (PBS) as well as significant amounts paid by public hospitals on medical devices. It unites experts in Australian pharmaceutical regulation and high technology law enforcement with an eminent United States Partner Investigator in False Claims litigation. Reducing fraud and anti-competitive behaviour could be critical to survivability of the PBS and the benefits it brings particularly to an ageing population.

      ARC Future Fellowship: TA Faunce 'Fostering Safe Nanotechnology Research Focused on Critical Public Health Problems'.

      Funding: 2010: $148,350 2011: $144, 850 2012: $145,350 2013: $154, 850.

      Project Summary: This is a 4-year fellowship. The project description is as follows:=

      This Project builds upon the applicant's unique interdisciplinary research and collaborations to develop an innovative framework for improving occupational health and safety standards of nanotechnology research at the Australian National University and fostering its focus on critical public health problems such as biosecurity, food and water safety, pollution control and equitable access to health technologies.

      The ARC Future Fellowships scheme supports outstanding mid-career researchers to conduct high quality, innovative research, build Australia's internationally competitive research capacity and develop strong links among researchers, research institutions and other disciplines. The national success rate for applications to this scheme was 20.5%.

      DP110102637 Dr Hitoshi Nasu, A/Prof Thomas A Faunce, A/Prof Margaret Kosal

      Approved Project Title: Developing Australia's legal response to military and security applications of nanotechnology

      2011 $25,000.00; 2012 $20,000.00; 2013 $20,000.00

      Project Summary: A critical regulatory gap exists for military applications of nanotechnology under international law. This project will

      provide a conceptual framework and policy options to develop Australia's legal response to the use of

      nanotechnology in military and security settings through collaborations with experts in the United States.

                                     

      DP 1401005766. Prof T Faunce A/P A Bruce prof N Lewis (Caletech) Prof D Nocera (Harvard) Prof M Wasielewski (Northwestern) Prof W Lubitz (Max Planck Institute) Prof S Styring (uppsala) Approved Project Title: Advancing energy sustainability by governance leadership in artificial photosynthesis (making fuels from sunlight, water and carbon dioxide).

      Funding: 2014-2016 $206,000

      Project Summary:

      This Project builds upon unique Australian interdisciplinary research and collaborations to develop novel approaches to governance leadership in the frontier renewable energy technology of artificial photosynthesis (making fuels from sunlight, water and carbon dioxide). It links established and emerging Australian scholars with eminent international experts to construct a framework for innovative law and public policy reform proposals that overcome impediments to rapid commercial deployment of this combined energy security and climate change solution.

                                      Brocher Foundation Residential Fellowship 2009

                                      Geneva, Switzerland. ‘Nananotechnology and Global public Health’

                     International Science Linkages Program 2011

      First international conference ‘Towarsd Global Artificial photosynthesis’ at Lord Howe Island 14-18 August 2011 (http://law.anu.edu.au/coast/tgap/conf.htm) . Also supported the UNESCO Natural Sciences Sector and an official event under the international Year of Chemistry 2011..

                      Hooke Committee UK Royal Society 2013

      Conference ‘Do We Need a Global Artificial Photosynthesis Project?’ A meeting involving leaders of the national artificial photosynthesis projects to be held at the rural retreat of the UK Royal Society at Chicheley Hall in July 2014 (http://royalsociety.org/events/2014/artificial-photosynthesis-global-project/).

      Philosophy & approach

      Some basic principles:  See your time in this world as a journey towards personal truth. Be flat out committed to excellence as a way of knowing what you're naturally gifted at, but also to maximise the chances of your work benefitting others.

      By reading biographies you can learn without so many painful personal experiences. Books can be your good friends. I recommend reading Brian Greene's 'Fabric of the Cosmos' especially on string theory and the mulitiverse. Also Basho's 'Narrow Road to the Deep North,' as well as Hay's translation of Marcus Aurelius's Meditations. The particle-wave duality of quantum physics replicates as thinking egotistically and altruistically respectfully. Individuals and societies  become virtuous through consistent application of universally applicable principles (read Immanuel Kant's Introduction to the Groundwork of Metaphysics and Introduction to the Doctrine of Virtue).

      In our transition to the sustainocene, the widening of human sympathy will involve environmental sustainability becoming a foundational social virtue alongside justice, equity and respect for human dignity. The establishment of virtue and expression of conscience are linked in a process that culminates in realising through meditation that at some fundamental level you and what appears through sensory experience to exist externally to you, are one, Science and morality are based on the fact that true statements about reality don't have to correlate with sensory experience. That the Cosmos is seeking to conspire with you to do something that fulfils your natural capacities and helps the world is a hypothesis you can test. 

      The big question about your career then becomes 'what am I meant to do'- a much deeper question than 'what can I do?' or "what do I want to do?' I would always lean to studying what you love, not what is expected or likely to be lucrative.

      How my works connects with public policy

      Submissions to inquiries and consultancies

      1. Faunce TA and Bruce A Regulation of Nanomaterials in Australia Dept. Industry, Innovation, Science, Research and Tertiary Education Aug 2012
      2. Faunce TA International Governance of Essential Medicines AusAid April 2012
      3. UNESCO Global Health Law and Bioethics Database Mtg Nairobi Kenya March 2009.
      4. Health and the Law. Hot Topics-Legal Issues in Plain Language.No64 State Library of NSW 2008.
      5. Consultancy with UNESCO. Global Ethics and Law Database. Australian Contribution 2006-2007.
      6. Consultancy with NSW Science Department on Innovative Medicines June 2006 (with Prof David Henry and Dr Evan Doran)
      7. Faunce TA written submission to Senate Inquiry on PBS legislation 2010.
      8. Faunce TA written submission to Senate Inquiry on Pharmaceutical Promotion 2010
      9. Faunce TA written submission to House of Representatives Standing Committee on Legal and Constitutional Affairs. SubInquiry into whistleblowing protections within the Australian Government public sector. September 2008.
      10. Faunce TA Written and oral submission to National Health Act (Pharmaceutical Benefits Advisory Committee Cost Recovery) Bill 2008) 28 July 2008
      11. Faunce TA Written Submission to Dept Foreign Affairs and Trade (DFAT]Review of Export Policies and  Programs 11 May 2008
      12. Faunce TA Written and oral submission to National Health Act (Pharmaceutical Benefits Scheme) Bill 2007 June 2007 Australian Senate Community Affairs Committee.
      13. Faunce TA. Submission to Senate Economics Legislation Committee Bill Inquiry: Intellectual Property Laws Amendment Bill August 2006
      14. Faunce TA, Bambrick H and Johnston K oral submission to Review of Blood Fractionation Arrangements under the AUSFTA. Peninsula Room, National Library of Australia Wednesday July 12 2006
      15. Faunce TA Johnston K Submission to Cth and NZ Inquiry into Trans-Tasman Therapeutic Products Agency May 2006.
      16. Faunce TA, M Walton (USyd), C Stewart (MaqU), M Parker (UQld) Submission on medical ethics to Department of Education and Training Medical Education Inquiry May 2006
      17. Bambrick H, Faunce TA, Johnston K Written submission to Review of Blood Fractionation Arrangements under the AUSFTA April 2006
      18. Faunce TA, Oral Presentation to Senate Committee on Health Impacts of Workplace Exposure to Toxic Dusts Thursday 10 November 2005
      19. Submission on Advisability of Senate Inquiry into Health Impacts of Sandblasting in Australia January 2005.
      20. South East Area Health Service, advice on establishing a Clinical Ethics Committee, Presentation, 34 Lowe St Queanbeyan October 27
      21. TA Faunce, D Henry, P Drahos, M Goddard “The FTA and the PBS. A Submission to the Senate Select Committee on the US-Australia Free Trade Agreement May 2004.
      22. Senate Select Committee of the US-Australia Free Trade Agreement, Round table by Invitation on the PBS 21 June 2004. Australian Senate.
      23. Labor Caucus Presentation on Effect of US-Australia Free Trade Agreement on the PBS 22 June 2004.
      24. Assistance to Dr Gerard McLaren in presentations to Grand Rounds at The Canberra Hospital, the ACT Medical Board and Ombudsman’s Office Involving Whistleblowing allegations concerning neurosurgical services at the Canberra Hospital.
      25. Consultancy with ACT Department of Justice and Community Services concerning advance directives and powers of Attorney September 23 2003 and submission to Inquiry May 2004.
      26. Consultancy with Rural Medical Practitioners in Young and Bega for ANUMS-August 2002.
      27. Member of Drafting Committee for ACT Health Care Bill of Rights June 2002.
      28. Advice to Federal Parliamentary Committee investigating Legislation on Stem Cell Research May 2002.
      29. Member of the working group of the ANUTECH Research Committee, developing guidelines, policies and procedures on innovation, intellectual property and the commercialisation of research and discovery at ANU, 2002
      30. Redrafting the guidelines of the John James Private Hospital Ethics Committee on approving surrogacy arrangements with Dr Martin Stafford–Bell, Director, Canberra Fertility Centre, 2001-2002
      31. Participant in drafting discussions with ACT Department of Justice and Community Safety concerning proposed Health Care (Medical Treatment) Amendment Bill, 2000
      32. Member of the Clinical Ethics Committee Working Party, involved in redrafting the Canberra Hospital consent to medical treatment form, 1999–2000
      33. Advice to Australian Senate Committee Enquiry into Genetic Privacy and Discrimination Legislation, 1999
      34. Advised the Australian Health Ethics Committee and Australian Academy of Science on legislation concerning human reproductive cloning, 1998
      35. Participated in the Australian Medical Association (AMA) Ethics and Public Health Committee (EPHC) for the development of  the AMA’s Position Statement on Genetic Issues, 1998
      36. Submission to UNESCO Secretariat concerning its Draft Declaration on the Human Genome and Human Rights, 1997

      ACT Civil and ADministrative Appeals Tribunal

      Decision November 2013

      Decision May 2014

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