Judicial intervention in the affairs of unincorporated religious associations in New South Wales

The leading Australian High Court case of Cameron v Hogan (1934) 51 CLR 358 confirmed that associations which are 'social, sporting, political, scientific, religious, artistic or humanitarian in character’, and not formed ‘for private gain or material advantage’, are usually formed on a basis of mutual consent. Unless there is some clear, positive indication that the members wish to relate to each other in a legal fashion, the rules of the association will not be treated as an enforceable contract in contrast to the rules of incorporated bodies. Australian unincorporated associations experiencing internal disputes, like those in most other common law jurisdictions, have found courts reluctant to provide a remedy unless there is a proprietary interest or trust to protect. This is further compounded by the judicial view that an unincorporated association has no legal recognition as a ‘juristic person’. The right to hold property and the ability to sue and be sued are incidences of this recognition. By contrast, the law recognises ‘artificial’ legal persons such as corporations, who are given rights to hold property and to sue and be sued. However, when a number of individuals associate together for a non-commercial, lawful purpose, but not by way of a corporate structure, legal recognition ‘as a group’ is denied. Since 1934, a significant number of cases have distinguished or otherwise declined to follow this precedent of the High Court. A trenchant criticism is found in McKinnon v Grogan [1974] 1 NSWLR 295, 298 where Wootten J said that ‘citizens are entitled to look to the courts for the same assistance in resolving disputes about the conduct of sporting, political and social organisations as they can expect in relation to commercial institutions’. According to Wootten J at 298, if disputes are not settled by the courts, this would create a ‘legal-no-man's land, in which disputes are settled not in accordance with justice and the fulfilment of deliberately undertaken obligations, but by deceit, craftiness, and an arrogant disregard of rights’. Cameron v Hogan was decided in 1934. There is an increasing volume of first instance cases which distinguish or, in the words of Palmer J, ‘just pay lip service’ to this High Court decision. (Coleman v Liberal Party of Australia (2007) 212 FLR 271, 278). The dissenting cases seem to call for a judicial policy initiative. This would require recognition by judges that voluntary associations play a significant role in society and that members have a legitimate, enforceable expectation that the rules of the association will be observed by members and in the last resort, enforced by the courts without the need to prove contractual intention, the existence of a trust or the existence of a right of a proprietary nature. This thesis asks: what legal, as distinct from political, redress does an ordinary member have, when a rule is made or a process followed which is contrary to the underlying doctrines and philosophies embodied in the constitutional documents of an unincorporated religious association? When, if at all, will a court intervene to ensure doctrinal purity or to supervise the daily life of a large unincorporated religious association? My research objective is to examine and analyse leading cases and relevant legislation on the enforceability of the constitutions of large, unincorporated, religious associations with particular reference to the Anglican Church in New South Wales. Given its numerical size, wide geographical spread and presence since the foundation of New South Wales, the Anglican Church in New South Wales, contains a sufficient variety of ‘real life’ situations to be representative of the legal issues posed by Cameron v Hogan which may be faced by other large, unincorporated, religious associations in New South Wales. In contemporary society, large, unincorporated, religious associations play an important community role. The resolution of internal disputes in such associations should not remain captive to legal doctrines of an earlier age.

Sibling bullying perpetration: Associations with gender, grade, peer perpetration, trait anger, and moral disengagement

This study investigated bullying amongst siblings in both traditional and cyber forms, and the associations of gender, grade, peer bullying perpetration, trait anger and moral disengagement. The participants were 455 children in grades 5 to 12 (262 girls and 177 boys with 16 unknown gender) who had a sibling. As the number of siblings who only bullied by technology was low, these associations were not able to be calculated. However, the findings showed that the percentage of sibling traditional bullying perpetration (31.6%) was higher than peer bullying perpetration (9.8%). Sibling bullies reported engaging in complex behaviours of perpetration and victimisation in both the physical and in cyber settings, although the number was small. Gender, trait anger, moral disengagement and bullying peers at school (but not grade) were all significantly associated with sibling traditional bullying perpetration. The implications of the findings are discussed for bullying intervention and prevention programs to understand childhood bullying in diverse contexts.

Editorial - Assessment of EAL/D learners : the validity of teachers' professional judgements

Assessment is a recurring theme in this issue of TESOL in Context. It is the focus of a themed section; addressed in some of the award-winning thesis research we feature; and one of several topics in an article on EFL teacher preparation in an Australian university. In the first section of the issue we are pleased to publish précis of the theses produced by the joint winners of the Penny McKay Memorial Award for Best Thesis in Language Education. Penny was a major figure in the development of EAL/D education in Australia (see Dooley & Moore, 2009). Her work is remembered and continued through an Award established by the Australian Council of TESOL Associations (ACTA) and the Applied Linguistics Association of Australia (ALAA). The award recognises doctoral research which makes an outstanding contribution to second/additional language education in Australian schools (http://www.tesol.org.au/About-ACTA/PENNY-MCKAY-MEMORIAL-FUND)...

Beyond the hospital door : a retrospective, cohort study of associations between birthing in the public or private sector and women’s postpartum care

Background In Australia, maternity care is available through universal coverage and a parallel, competitive private health insurance system. Differences between sectors in antenatal and intrapartum care and associated outcomes are well documented but few studies have investigated differences in postpartum care following hospital discharge and their impact on maternal satisfaction and confidence. Methods Women who birthed in Queensland, Australia from February to May 2010 were mailed a self-report survey 4 months postpartum. Regression analysis was used to determine associations between sector of birth and postpartum care, and whether postpartum care experiences explained sector differences in postpartum well-being (satisfaction, parenting confidence and feeling depressed). Results Women who birthed in the public sector had higher odds of health professional contact in the first 10 days post-discharge and satisfaction with the amount of postpartum care. After adjusting for demographic and postpartum contact variables, sector of birth no longer had an impact on satisfaction (AOR 0.95, 99% CI 0.78-1.31), but any form of health professional contact did. Women who had a care provider’s 24 hour contact details had higher odds of being satisfied (AOR 3.64, 95% CI 3.00-4.42) and confident (AOR 1.34, 95% CI 1.08- 1.65). Conclusion Women who birthed in the public sector appeared more satisfied because they had higher odds of receiving contact from a health professional within 10 days post-discharge. All women should have an opportunity to speak to and/or see a doctor, midwife or nurse in the first 10 days at home, and the details of a person they can contact 24 hours a day.

Dancing and Professional Dancers in Roman Egypt

The main aim of the study is to create a many-sided view of dancing in Roman Egypt (1st - early 4th centuries AD) and especially of the dancers who earned their living by dancing as hired performers. Even though dancers and other performers played a central part in many kinds of festivities throughout the ancient world, research on ancient professional dancers is rare and tends to rest on the ancient literature, which reflects the opinions of the elite. Documentary written sources (i.e., papyri, ostraka) the core of the present study are mentioned rather superficially, easily resulting in a stereotypical view of the dancers. This study will balance the picture of professional dancers in antiquity and of ancient dancing in a more general sense. The second aim characterizes this study as basic research: to provide a corpus of written sources from Greco-Roman Egypt on dancing and to discuss pictorial sources contemporary with the texts. The study also takes into account the theoretical discussion that centres on dancing as a nonverbal communicative mode. Dancers are seen as significant conveyors of social and cultural matters. This study shows that dancers were hired to perform especially in religious contexts, where the local associations on the village level also played an important part as the employers of the performers. These performers had a better standard of living in economic terms than the average hired worker, and dancers were better paid than other performers. In the Egyptian villages and towns, where the dancers performed and lived, the dancers do not seem to have been marginal because they were professionals or because of some ethnic or social background. However, their possible marginality may have occurred for reasons related to the practicalities of their profession (e.g., the itinerant life style). The oriental background of performers was a literary topos reflecting partly the situation in the centres of the empire, especially Rome, where many performers were of other than Roman origin. The connection of dancing, prostitution and slavery reflects the essential link between dance, body and gender: dancers are equated with such professions or socio-legal statuses where the body is the focus of attention, a commodity and a source of sensual pleasure; this dimension is clearly observable in ancient literature. According to the Egyptian documentary sources, there is no watertight evidence that professional dancers would have been engaged in prostitution and very little, if any, evidence that the disapproval of the professional dancers expressed by the ancient authors was shared by the Egyptians. From the 4th century onwards the dancers almost disappear from the documentary sources, reflecting the political and religious changes in the Mediterranean east.

Les unions d'artistes, qu'ossa m'fait faire? : la subjectivation des artistes à travers les pratiques de leurs associations

Ce mémoire explore la formation des artistes comme entrepreneurs d’eux-mêmes à travers les pratiques de leurs associations professionnelles. Le premier chapitre brosse un portrait du champ culturel québécois et y situe plus spécifiquement les associations qui font l’objet de ce mémoire. L’approche adoptée en est une de gouvernementalité et ce chapitre s’attarde aussi aux sujets constitués dans le dispositif du champ culturel. Le deuxième chapitre aborde les questions méthodologiques soulevées par l’étude : la construction d’une archive et les détails des entretiens conduits. L’archive foucaldienne a été adaptée afin d’y inclure des entretiens. L’objectif était de pouvoir analyser à la fois la subjectivation impliquée par les pratiques des associations et l’exercice du pouvoir sur soi par les artistes. Les troisième, quatrième et cinquième chapitres rendent compte des analyses effectuées. Le troisième chapitre vise à définir l’inclusion dans les associations, c’est-à-dire quels artistes ont accès à leurs services. Avant même que les artistes puissent investir sur eux-mêmes à travers les services des associations, le processus d’adhésion implique déjà une certaine entreprise de soi. Ce chapitre jette les bases du suivant en introduisant la notion de sécurité sur le marché du travail. Le quatrième chapitre aborde plus précisément le sujet entrepreneur de soi qui investit dans sa sécurité à travers des services offerts par les associations : la formation et les caisses de sécurité. Il présente aussi le membership comme investissement en soi, qui donne accès à d’autres investissements, et explore l’inflexibilité des associations comme frein à l’entreprise de soi à travers l’idée d’expérience. Le cinquième chapitre, prenant en compte que les parcours des artistes ne sont isolés, les situe dans un contexte plus large que celui des associations. Il aborde ainsi les notions de marché, de passion et de responsabilisation. La conclusion de ce mémoire en résume le propos général et offre une réflexion épistémologique ainsi qu’une réflexion sur la position schizophrénique du sujet dans le contexte néolibéral.

Impact of Information Communication Technology (ICT) on Professional Development and Educational Needs of Library Professionals in the Universities of Kerala

The shift from print to digital information has a high impact on all components of the academic library system in India especially the users, services and the staff. Though information is considered as an important resource, the use of ICT tools to collect and disseminate information has been in a slow pace in majority of the University libraries This may be due to various factors like insufficient funds, inadequate staff trained in handling computers and software packages, administrative concerns etc. In Kerala, automation has been initiated in almost all University libraries using library automation software and is under different stages of completion. There are not much studies conducted about the effects of information communication technologies on the professional activities of library professionals in the universities in Kerala. It is important to evaluate whether progress in ICT has had any impact on the library profession in these highest educational institutions. The aim of the study is to assess whether the developments in information communication technologies have any influence on the library professionals’ professional development, and the need for further education and training in the profession and evaluate their skills in handling developments in ICT. The total population of the study is 252 including the permanently employed professional library staff in central libraries and departmental libraries in the main campuses of the universities under study. This is almost a census study of the defined population of users. The questionnaire method was adopted for collection of data for this study, supplemented by interviews of Librarians to gather additional information. Library Professionals have a positive approach towards ICT applications and services in Libraries, but majority do not have the opportunities to develop their skills and competencies in their work environment. To develop competitive personnel in a technologically advanced world, high priority must be given to develop competence in ICT applications, library management and soft skills in library professionals, by the University administrators and Library associations. Library science schools and teaching departments across the country have to take significant steps to revise library science curriculum, and incorporate significant changes to achieve the demands and challenges of library science profession.

Recalled relationships with parents and perceptions of professional support in mothers of infants treated for cleft lip

This study examined whether individual differences in perception of the quality of professional support available at a time of stress may be associated with security of attachment. We developed a new measure of parents' perceptions of emotional and practical support provided by a wide range of professionals involved in the treatment of infants with cleft lip. it showed good internal reliability and stability over 4 months. Mothers of 102 infants with cleft lip, with or without cleft palate, completed the measure at 2 and 6 months, together with the Parental Bonding Instrument and the General Health Questionnaire. Mean scores reflecting how much they could trust or talk frankly, or share their worst fears, with professionals, and the extent to which they saw them as a source of useful information or practical help, were lower among mothers with recollections of low maternal care in childhood, or high control. This was the case at 2 and 6 months, and there were some indications of an increasing contribution of low maternal care from 2 to 6 months. The associations were not explained by current depression. Further research is needed to clarify the role of attachment processes in parents' responses to serious medical conditions in their children, and into the implications for the way professionals in paediatric services provide support.

The primary health professional education : current models and barriers to participation

Introduction
Continuing Education (CE) for health professionals is a life-long process which endeavours to update or enhance knowledge, refine skills, reinforce professional values and support the delivery of professional practice. It plays a pivotal role in the maintenance of professional competence and in the past decade participation in CE has become an expectation of, rather than an option for, practising health professionals. The time and resources required from organisers and participants in
CE and the need to ensure practical outcomes justifies a review of current models being used for its delivery. This entails an understanding of the purpose of CE, a consideration of how it should be delivered, and the role played by assessment in achieving the goals of CE.
Aim of Report
The overall aim of this study is to identify important considerations and subsequently make recommendations for the development of an ideal model(s) of CE for community pharmacy.
Goals of Report
1. Define CE and its role.
2. Identify and assess current CE delivery models.
3. Examine the current status of continuing education and registration requirements for pharmacists.
4. Identify barriers to participation in CE.
5. Identify components and considerations for developing a model of CE delivery.
Methods
The following methods were employed for this project:
1. Literature review
A number of electronic databases were systematically searched in order to profile current trends and concepts in CE. CE structures currently in use were investigated by directly accessing the websites of appropriate associations.
2. Stakeholder interviews
A series of semi-structured interviews were completed with stakeholders from CE delivery organisations across a range of professions including pharmacy.
3. Community pharmacy focus groups
A series of focus group teleconferences were held with groups of pharmacists thought to have distinct CE needs: experienced pharmacists (qualified more than 5 years), recently-qualified pharmacists (5 years or less), rural/remote pharmacists, and pharmacists with specialist training
needs (such as Home Medication Reviews). These focus groups asked about participants’ experiences and opinions in relation to many aspects of CE including its delivery and its assessment.

Telecommunication technology and the professional development of teachers : challenge and opportunity

The thesis explores an effective model for using the internet in a distance training program for secondary school teachers. The professional development program, the dissertation, titled The Virtual University: Professional development for teachers, was initiated based on aspects of telecommunication technology and the professional development for Thai school teachers. The question of this program was “How could information technology be used in developing an appropriate professional development model for Thai teachers?” Prior to the project, the four research studies were conducted to formulate the related base line information and supported framework for the program development. The four researches are: (1) Telecommunication Technology in Thai Schools, (2) The Role of University on Science Teachers Development, (3) Computer Education Curriculum for Student Teachers: Theory and Practice, and (4) Teachers’ Perceptions of the Academic Link Project Between Schools and Universities for Teacher Professional Development. The first research study provides the information about the necessary basic factors for change in Thai secondary schools and the new insights and understandings about change in Thai schooling. The major findings were the understandings about teachers’ need for professional development, the available support in Thai school for professional development, and the limitations of professional development of teachers. The second research study provides the information about the roles of university faculty on initiation and operation of science teacher development programs, science teaching and learning resources centers, science instructional media design and production services, science teaching clinics, and science teachers’ associations. The third research study provides the conceptual framework for both preservice and inservice curriculum development program for teacher development. The last research study provides a base of descriptive information about the perspectives of school teachers towards the academic link project between schools and universities and the partnership which can assist in its establishment. The findings of these four research tasks were used for the formation of the framework of the dissertation. The EDNET Project, an example of teachers’ professional development through the information technology based training, was developed and implemented with ten school teachers in Khon Kaen.

Public and personal domains : professional standards for teachers of English in Australia

For many teachers the term ‘professional standards’ conjures up notions of benchmarks against which to measure their performance. This is to locate standards in a public domain that is external to individual teachers, defining their professional role largely in terms of their accountability to other stakeholders in education. The following article argues an alternative view of standards as mediating between public and personal domains. Those domains should remain distinct – indeed, sometimes they may exist in a productive tension – but for standards to have any purchase with the profession they must be personally meaningful. The author draws on both his experience in teaching graduate English students in the pre-service Diploma in Education course at Monash University and his research in a national project to develop subject specific standards for primary and secondary teachers of English. The project, Standards for Teachers of English Language and Literacy in Australia (STELLA), is federally funded and involves a consortium of universities, state government bodies and the two English teaching associations, whose members constitute the panels of teachers at the heart of the project.

Maternal dietary intake and physical activity habits during the postpartum period: associations with clinician advice in a sample of Australian first time mothers

BACKGROUND: Numerous health benefits are associated with achieving optimal diet and physical activity behaviours during and after pregnancy. Understanding predictors of these behaviours is an important public health consideration, yet little is known regarding associations between clinician advice and diet and physical activity behaviours in postpartum women. The aims of this study were to compare the frequency of dietary and physical activity advice provided by clinicians during and after pregnancy and assess if this advice is associated with postpartum diet and physical activity behaviours.

METHODS: First time mothers (n = 448) enrolled in the Melbourne InFANT Extend trial completed the Cancer Council of Australia's Food Frequency Questionnaire when they were three to four months postpartum, which assessed usual fruit and vegetable intake (serves/day). Total physical activity time, time spent walking and time in both moderate and vigorous activity for the previous week (min/week) were assessed using the Active Australia Survey. Advice received during and following pregnancy were assessed by separate survey items, which asked whether a healthcare practitioner had discussed eating a healthy diet and being physically active. Linear and logistic regression assessed associations of advice with dietary intake and physical activity.

RESULTS: In total, 8.6 % of women met guidelines for combined fruit and vegetable intake. Overall, mean total physical activity time was 350.9 ± 281.1 min/week. Time spent walking (251.97 ± 196.78 min/week), was greater than time spent in moderate (36.68 ± 88.58 min/week) or vigorous activity (61.74 ± 109.96 min/week) and 63.2 % of women were meeting physical activity recommendations. The majority of women reported they received advice regarding healthy eating (87.1 %) and physical activity (82.8 %) during pregnancy. Fewer women reported receiving healthy eating (47.5 %) and physical activity (51.9 %) advice by three months postpartum. There was no significant association found between provision of dietary and/or physical activity advice, and mother's dietary intakes or physical activity levels.

CONCLUSIONS: Healthy diet and physical activity advice was received less after pregnancy than during pregnancy yet no association between receipt of advice and behaviour was observed. More intensive approaches than provision of advice may be required to promote healthy diet and physical activity behaviours in new mothers.

Influence of professional experience on detection and treatment decision of occlusal caries lesions in primary teeth

To evaluate the influence of examiner's clinical experience on detection and treatment decision of caries lesions in primary molars. Design Three experienced dentists (Group A) and three undergraduate students (Group B) used the International Caries Detection and Assessment System (ICDAS) criteria and bitewing radiographs (BW) to perform examinations twice in 77 primary molars that presented a sound or carious occlusal surface. For the treatment decision (TD), the examiners attributed scores, analyzing the teeth in conjunction with the radiographs. The presence and the depth of lesion were validated histologically, and reproducibility was evaluated. The sensitivity, specificity, accuracy, and area under the ROC curve values were calculated for ICDAS and BW. The associations between ICDAS, BW, and TD were analyzed by means of contingency tables. Results Interexaminer agreement for ICDAS, BW, and TD were excellent for Group B and moderate for Group A. The two groups presented similar and satisfactory performance for caries lesion detection using ICDAS and BW. In the treatment decision, Group A was shown to have a less invasive approach than Group B. Conclusion The examiner's experience was not determinant for the clinical and radiographic detection of occlusal lesions in primary teeth but influenced the treatment decision of initial lesions.

State bar act, by-laws, rules of procedure relative to disbarment, discipline and reinstatement, rules of professional conduct, canons of judicial ethics. Issued February, 1936.

Mode of access: Internet.

The corporatization of community pharmacy:implications for service provision, the public health function, and pharmacy's claims to professional status in the United Kingdom

Background Pharmacy has experienced both incomplete professionalization and deprofessionalization. Since the late 1970s, a concerted attempt has been made to re-professionalize pharmacy in the United Kingdom (UK) through role extension—a key feature of which has been a drive for greater pharmacy involvement in public health. However, the continual corporatization of the UK community pharmacy sector may reduce the professional autonomy of pharmacists and may threaten to constrain attempts at reprofessionalization. Objectives The objectives of the research: to examine the public health activities of community pharmacists in the UK; to explore the attitudes of community pharmacists toward recent relevant UK policy and barriers to the development of their public health function; and, to investigate associations between activity, attitudes, and the type of community pharmacy worked in (eg, supermarket, chain, independent). Methods A self-completion postal questionnaire was sent to a random sample of practicing community pharmacists, stratified for country and sex, within Great Britain (n = 1998), with a follow-up to nonresponders 4 weeks later. Data were analyzed using SPSS (SPSS Inc., Chicago, IL, USA) (v12.0). A final response rate of 51% (n = 1023/1998) was achieved. Results The level of provision of emergency hormonal contraception on a patient group direction, supervised administration of medicines, and needle-exchange schemes was lower in supermarket pharmacies than in the other types of pharmacy. Respondents believed that supermarkets and the major multiple pharmacy chains held an advantageous position in terms of attracting financing for service development despite suggesting that the premises of such pharmacies may not be the most suitable for the provision of such services. Conclusions A mixed market in community pharmacy may be required to maintain a comprehensive range of pharmacy-based public health services and provide maximum benefit to all patients. Longitudinal monitoring is recommended to ensure that service provision is adequate across the pharmacy network.