634 resultados para Legal professional privilege


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The use of technology for purposes such as communication and document management has become essential to legal practice with practitioners and courts increasingly relying on various forms of technology. Accordingly, legal practitioners need to be able to understand, communicate with, and persuade their audience using this technology. Technology skills are therefore an essential and integral part of undergraduate legal education, and given the widening participation agenda in Australia and consequent increasing diversity of law students, it must also be available to all students. To neglect this most crucial part of modern legal education is to fail in a fundamental aspect of a University’s obligation not just to its students, but ultimately to our students’ potential employers and their future clients. This paper will consider how law schools can facilitate the development of technology skills by using technology to facilitate mooting in settings that replicate legal practice. In order to assess the facilities at the disposal of universities, the authors surveyed the law schools in Australia about their equipment in and use of electronic moot court rooms. The authors also conducted and evaluated an internal mooting competition using Elluminate, an online communication platform available to students through Blackboard. Students were able to participate wherever they were located without the need to attend a moot court room. The results of the survey and evaluation of the Elluminate competition will be discussed. The paper will conclude that while it is essential to teach technology skills as part of legal education, it is important that the benefits and importance of using technology be made clear in order for it to be accepted and embraced by the students. Technology must also be available to all students considering the widening participation in higher education and consequent increasing diversity of law students.

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Student assessment is particularly important, and particularly controversial, because it is the means by which student achievement is determined. Reasonable adjustment to student assessment is of equal importance as the means of ensuring the mitigation, or even elimination, of disability related barriers to the demonstration of student achievement. The significance of reasonable adjustment is obvious in the later years of secondary school, and in the tertiary sector, because failure to adjust assessment may be asserted as the reason a student did not achieve as well as anticipated or as the reason a student was excluded from a course and, as a result, from future study and employment opportunities. Even in the early years of schooling, however, assessment and its management are a critical issue for staff and students, especially in an education system like Australia’s with an ever increasing emphasis on national benchmarks testing. This paper will explain the legislation which underpins the right to reasonable adjustment in education in Australian schools. It will give examples of the kinds of adjustment which may be made to promote equality of opportunity in the area of assessment. It will also consider some of the controversies which have confronted, or which, it may be speculated, are likely to confront Australian education institutions as they work towards compliance with reasonable adjustment laws.

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This qualitative, interpretive case study allows insights into the reflective emerging teacher practitioner as it explores pre-service and beginning teachers’ preparedness to deal with curriculum change and the demands of the classroom and school community. Five beginning teachers were asked what they want from professional development in a period of rapid curriculum change. The study aligns with emerging local and national agendas for teacher professional development and accreditation in Australia. The data analysis, based on “community of practice” perspectives, shows that new teachers have clear ideas about the professional development they need and want. Professional development is seen as integral to their developing professional identities. The paper has implications for the way leadership teams offer and how new teachers take up professional development opportunities, upon which registration is contingent.

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The high attrition rate of beginning teachers in Australia and overseas is well-documented. This trend is easily understood as many beginning teachers enter the profession with little support or mentoring (Department of Education, Science and Training (DEST), 2002; Herrington & Herrington, 2004; Ramsey, 2000). Continual calls for more comprehensive approaches to teacher induction in which universities and employing bodies share the responsibilities of the transition to professional practice (House of Representatives Standing Committee on Education and Vocational Training, 2007) have, to date, largely been ignored. This paper reports on a trial project conducted at a university in south-east Queensland, Australia that addresses these shortfalls. The aim of the project is to facilitate and support the development of high quality teachers and teaching through an extended model of teacher preparation. The model comprises a 1+2 program of formal teacher preparation: a one-year teacher education course (the Graduate Diploma in Education), followed by a comprehensive two year program of workplace induction and ongoing professional learning tailored to meet graduate and employer needs. This paper reports on graduating students’ perceptions of their preparedness to teach as they transition from the Graduate Diploma in Education program to professional practice. The study concludes that innovative programs, including university-linked, ongoing professional learning support for teacher education graduates, may provide the way forward for enhancing the transition to practice for beginning teachers.

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In an age where digital innovation knows no boundaries, research in the area of brain-computer interface and other neural interface devices go where none have gone before. The possibilities are endless and as dreams become reality, the implications of these amazing developments should be considered. Some of these new devices have been created to correct or minimise the effects of disease or injury so the paper discusses some of the current research and development in the area, including neuroprosthetics. To assist researchers and academics in identifying some of the legal and ethical issues that might arise as a result of research and development of neural interface devices, using both non-invasive techniques and invasive procedures, the paper discusses a number of recent observations of authors in the field. The issue of enhancing human attributes by incorporating these new devices is also considered. Such enhancement may be regarded as freeing the mind from the constraints of the body, but there are legal and moral issues that researchers and academics would be well advised to contemplate as these new devices are developed and used. While different fact situation surround each of these new devices, and those that are yet to come, consideration of the legal and ethical landscape may assist researchers and academics in dealing effectively with matters that arise in these times of transition. Lawyers could seek to facilitate the resolution of the legal disputes that arise in this area of research and development within the existing judicial and legislative frameworks. Whether these frameworks will suffice, or will need to change in order to enable effective resolution, is a broader question to be explored.

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This paper focuses on understanding distributed leadership and professional learning communities (PLCs). Through an Australian Government grant, the Teacher Education Done Differently (TEDD) project, data were analysed from 25 school executives about distributed leadership as a potential for influencing educational change through forums such as PLCs. Findings will be discussed in relation to: (1) Understanding the nature of a PLC, (2) Leadership within PLCs, (3) Advancing PLCs, and (4) PLCs as forums for capacity building a profession. A cyclic model for facilitating PLCs is presented, where information such as issues and problems are brought to the collective, discussed and analysed openly to provide further feedback. There are implications for leaders to up-skill staff on distributed leadership practices and further research required to determine which practices facilitate successful PLCs.

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This chapter describes how, as YouTube has scaled up both as a platform and as a company, its business model and the consequences for its copyright regulation strategies have co-evolved, and so too the boundaries between amateur and professional media have shifted and blurred in particular ways. As YouTube, Inc moves to more profitably arrange and stabilise the historically contentious relations among rights-holders, uploaders, advertisers and audiences, some forms of amateur video production have become institutionalised and professionalised, while others have been further marginalised and driven underground or to other, more forgiving, platforms.

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The high attrition rate of beginning teachers in Australia and overseas is well-documented. This trend is easily understood as many beginning teachers enter the profession with little support or mentoring (Department of Education, Science and Training (DEST), 2002; Herrington & Herrington, 2004; Ramsey, 2000). Continual calls for more comprehensive approaches to teacher induction in which universities and employing bodies share the responsibilities of the transition to professional practice (House of Representatives Standing Committee on Education and Vocational Training, 2007) have, to date, largely been ignored. This paper reports on a trial project conducted at a university in south-east Queensland, Australia that addresses these shortfalls. The aim of the project is to facilitate and support the development of high quality teachers and teaching through an extended model of teacher preparation. The model comprises a 1+2 program of formal teacher preparation: a one-year teacher education course (the Graduate Diploma in Education), followed by a comprehensive two year program of workplace induction and ongoing professional learning tailored to meet graduate and employer needs. This paper reports on graduating students’ perceptions of their preparedness to teach as they transition from the Graduate Diploma in Education program to professional practice. The study concludes that innovative programs, including university-linked, ongoing professional learning support for teacher education graduates, may provide the way forward for enhancing the transition to practice for beginning teachers.

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This chapter will discuss a research project that identifies the skills, knowledge and attitudes of the m-librarian. Six library and information professionals engaged in the provision of m-library services throughout Australia were interviewed. Six themes emerged as being critical for the m-librarian: technology, personal traits, user focus, communication, collaboration, research and development. The research is significant because it establishes an open dialogue between current industry professionals, library science educators and the professional association on the evolving skills and knowledge required by information professional in a world of rapidly changing technology. This dialogue will guide the development of current and future education of library and information professionals.

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This paper explores attempts to shape resilient personae through relations of self-government, and highlights the way that this features as part of advanced liberal forms of rule. As an example of this process, it focuses on the way that undergraduate law students are encouraged to fashion resilient personae throughout their legal studies, so as to avoid, or effectively respond to, experiences that may have a detrimental effect on their mental health. This paper argues that the production of such resilience relies on students being encouraged to take up psychologically- and biomedically-infused subject positions, becoming well-disciplined subjects, entrepreneurs of the self, and even virtuous persons. It highlights that the fashioning of resilient personae in this way involves extensions to the targets and practices of self-government and reinforces advanced liberal government. The paper then suggests how insights into fashioning resilience in this context can inform further research on resilience, particularly resilience produced within criminal justice professionals.

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In 2009, Australia celebrated the introduction of a national Early Years Learning Framework. This is a critical component in a series of educational reforms designed to support quality pedagogy and practice in early childhood education and care (ECEC) and successful transition to school. As with any policy change, success in real terms relies upon building shared understanding and the capacity of educators to apply new knowledge and support change and improved practice within their service. With these outcomes in mind, a collaborative research project is investigating the efficacy of a new approach to professional learning in ECEC: The professional conversation. This paper provides an overview of the professional conversation approach, including underpinning principles and the design and use of reflective questions to support meaningful conversation and learning.

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In 2009, Australia celebrated the introduction of a national Early Years Learning Framework. This is a critical component in a series of education reforms designed to support quality pedagogy and practice in early childhood education and care (ECEC) and successful transition to school. As with any policy change, success in real terms relies upon building shared understanding and the capacity of educators to apply new knowledge and support change and improved practice within their service. With these outcomes in mind, a collaborative research project is investigating the efficacy of a new approach to professional learning in ECEC: the professional conversation. This paper reports on the trial and evaluation of a series of professional conversations on the Early Years Learning Framework, and their capacity to promote collaborative reflective practice, shared understanding, and improved practice in ECEC. The paper details the professional conversation approach, key challenges and critical success factors, and the learning outcomes for conversation participants. Findings support the efficacy of this approach to professional learning in ECEC, and its capacity to support policy reform and practice change in ECEC.

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Seventeen year olds who come into contact with the police in Queensland are classified as adults and are not afforded the protections available under the Youth Justice Act 1992 (Qld) (YJA). As with any other adult, their offences are dealt with under a raft of legislative provisions including the Criminal Code 1889 (Qld) (the Code), the Police Powers and Responsibilities Act 2000 (Qld) (PPRA) and the Penalties and Sentences Act 1992 (Qld) (PSA). This article argues that this situation is unfair and contravenes international human rights agreements which Australia has ratified, in particular the United Nations Convention on the Rights of the Child (CROC). Article 1 of that Convention defines a child as a person under the age of 18. The youth offences legislation in Queensland only applies to those who have not yet turned 17. This article examines the effects of this anomaly in Queensland, focusing in particular on the pre-adjudication treatment of ‘17 year old adults’.