634 resultados para Legal professional privilege


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Over the last century, environmental and occupational medicine has played a significant role in the protection and improvement of public health. However, scientific integrity in this field has been increasingly threatened by pressure from some industries and governments. For example, it has been reported that the tobacco industry manipulated eminent scientists to legitimise their industrial positions, irresponsibly distorted risk and deliberately subverted scientific processes, and influenced many organisations in receipt of tobacco funding. Many environmental whistleblowers were sued and encountered numerous personal attacks. In some countries, scientific findings have been suppressed and distorted, and scientific advisory committees manipulated for political purposes by government agencies. How to respond to these threats is an important challenge for environmental and occupational medicine professionals and their societies. The authors recommend that professional organisations adopt a code of ethics that requires openness from public health professionals; that they not undertake research or use data where they do not have freedom to publish their results if these data have public health implications; that they disclose all possible conflicts; that the veracity of their research results should not be compromised; and that their research independence be protected through professional and legal support. The authors furthermore recommend that research funding for public health not be directly from the industry to the researcher. An independent, intermediate funding scheme should be established to ensure that there is no pressure to analyse data and publish results in bad faith. Such a funding system should also provide equal competition for funds and selection of the best proposals according to standard scientific criteria.

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The bulk of the homicide research to date has focused on male offending, with little consideration given to women's offending and in particular, their constructions within the courtroom following a homicide-related charge. This thesis examines, in detail, nineteen homicide cases finalised in the Queensland Supreme Courts between 01/01/1997 and 31/12/2002, in order to document and discuss the various legal stories available to women who kill. Predominantly, two “stock stories” are available within the court. The first, presented by the defence, offers the accused woman a victimised position to occupy. Evidence of victimisation is made available through previous abuse, expert testimony from psychologists and psychiatrists, challenges to her mental health, or appeals to her emotional nature. The second stock story, presented by the prosecution, positions the accused woman as angry, full of revenge, calculating and self serving. Such a script is usually supported by witnesses, police evidence, and family members. This thesis examines these competing and contradictory scripts using thematic discourse analysis to examine the court transcripts in detail. It argues that the "truth" of the fatal incident is based on one of these two prevailing scripts. This research destabilises the dominant script of violent female offending in the feminist literature. Most research to date has focussed on explaining the circumstances in which women kill, concentrating attention on the victimisation of the violent offending woman and negating or de-prioritising any volition on her part. By analysing all transcripts of women whose trials were held within the specified period, this research is able to demonstrate the stories used to describe their complex offending, and draw attention to the anger and intent that can occur alongside the victimisation.

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Public relations educators need new solutions to prepare students to become tomorrow's practitioner today. Managers and employers in the new creative workforce (McWilliam, 2008) expect graduates to be problem solvers, critical and creative thinkers, reflective, and self reliant (Barrie, 2008; David, 2004). Enabling students to develop these attributes requires a collaborative and creative approach to pedagogy (Jeffrey & Craft, 2001, 2004). A model for the next generation of public relations education was developed to integrate industry partnerships as a way to bridge pedagogy and professional practice. The model suggests (a) that industry partnerships be embedded in learning activities, (b) that assessment items be considered on a continuum and delivered incrementally across a course of study, and (c) that connections between classroom and workplace activities are clearly signposted for students.

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In Australia, young children who lack decision-making capacity can have regenerative tissue removed to treat another person suffering from a severe or life-threatening disease. While great good can potentially result from this as the recipient’s life may be saved, ethical unease remains over the ‘use’ of young children in this way. This paper examines the ethical approaches that have featured in the debate over the acceptability and limits of this practice, and how these are reflected in Australia’s legal regime governing removal of tissue from young children. This analysis demonstrates a troubling dichotomy within the Australia’s laws that requires decision-makers to adopt inconsistent ethical approaches depending on where a donor child is situated. It is argued that this inconsistency in approach warrants legal reform of this ethically sensitive issue.

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It is generally agreed that if authentic teacher change is to occur then the tacit knowledge about how and why they act in certain ways in the classroom be accessed and reflected upon. While critical reflection can and often is an individual experience there is evidence to suggest that teachers are more likely to engage in the process when it is approached in a collegial manner; that is, when other teachers are involved in and engaged with the same process. Teachers do not enact their profession in isolation but rather exist within a wider community of teachers. An outside facilitator can also play an active and important role in achieving lasting teacher change. According to Stein and Brown (1997) “an important ingredient in socially based learning is that graduations of expertise and experience exist when teachers collaborate with each other or outside experts” (p. 155). To assist in the effective professional development of teachers, outside facilitators, when used, need to provide “a dynamic energy producing interactive experience in which participants examine and explore the complex components of teaching” (Bolster, 1995, p. 193). They also need to establish rapport with the participating teachers that is built on trust and competence (Hyde, Ormiston, & Hyde, 1994). For this to occur, professional development involving teachers and outside facilitators or researchers should not be a one-off event but an ongoing process of engagement that enables both the energy and trust required to develop. Successful professional development activities are therefore collaborative, relevant and provide individual, specialised attention to the teachers concerned. The project reported here aimed to provide professional development to two Year 3 teachers to enhance their teaching of a new mathematics content area, mental computation. This was achieved through the teachers collaborating with a researcher to design an instructional program for mental computation that drew on theory and research in the field.

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A fundamental aspect of work integrated learning (WIL) is the development of professional competence, the ability of students to perform in the work place. Alignment theory therefore suggests that the assessment of WIL should include an assessment of students’ demonstration of professional competence in the workplace. The assessment of professional competence in WIL is, however, problematic. It may be impractical for the academic supervisor to directly assess professional competence if there is a large number of students in external placements. If evidence of professional competence is provided by the student, the student’s ability to articulate his or her own capabilities will interfere with the validity of the assessment. If evidence of professional competency is provided by the supervisor then the assessment is heavily dependent on the individual supervisor and may be unreliable. This paper will examine the literature relating to the assessment of professional competence in WIL. The paper will be informed by the author’s experience in coordinating a WIL subject in an undergraduate law course. It will recommend that a mix of evidence provided by the student, the workplace supervisor and the academic supervisor should be used to assess professional competence in WIL.

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Engaging Queensland primary teachers in professional associations can be a challenge, particularly for subject-specific associations. Professional associations are recognised providers of professional learning. By not being involved in professional associations primary teachers are missing potential quality professional learning opportunities that can impact the results of their students. The purpose of the research is twofold: Firstly, to provide a thorough understanding of the current context in order to assist professional associations who wish to change from their current level of primary teacher engagement; and secondly, to contribute to the literature in the area of professional learning for primary teachers within professional associations. Using a three part research design, interviews of primary teachers and focus groups of professional association participants and executives were conducted and themed to examine the current context of engagement. Force field analysis was used to provide the framework to identify the driving and restraining forces for primary teacher engagement in professional learning through professional associations. Communities of practice and professional learning communities were specifically examined as potential models for professional associations to consider. The outcome is a diagrammatic framework outlining the current context of primary teacher engagement, specifically the driving and restraining forces of primary teacher engagement with professional associations. This research also identifies considerations for professional associations wishing to change their level of primary teacher engagement. The results of this research show that there are key themes that provide maximum impact if wishing to increase engagement of primary teachers in professional associations. However the implications of this lies with professional associations and their alignment between intent and practice dedicated to this change.

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Researchers are increasingly involved in data-intensive research projects that cut across geographic and disciplinary borders. Quality research now often involves virtual communities of researchers participating in large-scale web-based collaborations, opening their earlystage research to the research community in order to encourage broader participation and accelerate discoveries. The result of such large-scale collaborations has been the production of ever-increasing amounts of data. In short, we are in the midst of a data deluge. Accompanying these developments has been a growing recognition that if the benefits of enhanced access to research are to be realised, it will be necessary to develop the systems and services that enable data to be managed and secured. It has also become apparent that to achieve seamless access to data it is necessary not only to adopt appropriate technical standards, practices and architecture, but also to develop legal frameworks that facilitate access to and use of research data. This chapter provides an overview of the current research landscape in Australia as it relates to the collection, management and sharing of research data. The chapter then explains the Australian legal regimes relevant to data, including copyright, patent, privacy, confidentiality and contract law. Finally, this chapter proposes the infrastructure elements that are required for the proper management of legal interests, ownership rights and rights to access and use data collected or generated by research projects.

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How important are the practical experiences through which our neophyte professionals are prepared for the real world of work? P. E. P. E. (Practical Experiences in Professional Education) Inc has generated this book with, not only, the aim of disseminating knowledge through networks within the professional silos of distinctive disciplines but to generate a space and platform for generic concepts and practices that can be examined and incorporated across many disciplines. Mentoring, ethics and transitioning into the profession are explored in the book but each chapter illustrates how PEPE Inc has within its community a culture of engagement, experimentation and deep thinking that connects all aspects of learning in the field. Ken Zeichner’s research clearly shows that field experiences are important occasions for professional learning rather than merely times for pre-service candidates to demonstrate or apply things previously learned. Susan Groundwater-Smith acknowledges PEPE Inc on being a leader in supporting the evolution of a developmental practicum curriculum in the initial education of professionals, mainly in the field of education, but also with respect to the preparation of health and allied professionals, those preparing to become social workers and even in professional practices such as engineering and architecture.

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In the current climate of accountability, political manoeuvring, changing curriculum, increasingly diverse student cohorts and community expectations, teachers, more than ever, need to develop the skills and abilities to be reflective and reflexive practitioners. This study examines national teacher professional standards from Australia and the UK to identify the extent to which reflexivity is embedded in key policy documents that are intended to guide the work of teachers in those countries. Using Margaret Archer's theories of reflexivity and morphogenesis, and methods of critical discourse analysis, we argue that these blueprints for teachers’ work exclude reflexivity as an essential and overarching discourse of teacher professionalism.

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This presentation focuses on actioning university-community engagement through a Department of Employment, Education and Work Relations (DEEWR) grant. The project associated with this grant is titled Teacher Education Done Differently (TEDD) and it is currently in its third and final year of operation. TEDD aims to facilitate benefits for all partners (i.e., teachers, school executives, students, preservice teachers, university staff, and education departments). This project aims to facilitate understandings and skills on advancing mentoring and teaching practices for preservice teachers.