The Best interests duty in the future of financial advice reforms : striking a balance between certainty and flexibility

Presentation delivered to the Australian and New Zealand Consumer Law Roundtable held at the University of Melbourne Law School on Friday, 16 November 2012. The paper covers the background to the 'Future of Financial Advice' reforms and their context. In addition to this the scope of best interests duty is discussed. The paper concludes with an assessment of the likely effectives of best interest duty as a consumer protection measure.

Paranoid prizing : mapping Australia’s Eve Pownall Award for information books, 2001-2010

Each year, the Children’s Book Council of Australia (CBCA) administers a number of Book of the Year Awards, including the Eve Pownall Award for Information Books. The books chosen by the CBCA constitute a contemporary canon of Australian children’s literature, and serve to both shape and reflect current educational policies and practices as well as young Australians’ sense of themselves and their nation. This paper reads a selection of award-winning Australian non-fiction children’s literature in the context of colonialism, curriculum, military myths, and Aboriginal perspectives on national history and identity.

Is providing elective ventilation in the best interests of potential donors?

In this paper, we examine the lawfulness of a proposal to provide elective ventilation to incompetent patients who are potential organ donors. Under the current legal framework, this depends on whether the best interests test could be satisfied. It might be argued that, because the Mental Capacity Act 2005 (UK) (and the common law) makes it clear that the best interests test is not confined to the patient's clinical interests, but extends to include the individual's own values, wishes and beliefs, the proposal will be in the patient's best interests. We reject this claim. We argue that, as things currently stand, the proposal could not lawfully be justified as a blanket proposition by reference to the best interests test. Accordingly, a modification of the law would be necessary to render the proposal lawful. We conclude with a suggestion about how that could be achieved.

"What is contemporary art? A review of two books by Terry Smith'

What is contemporary art and what are the key components of contemporary culture? This review demonstrates where Terry Smith provides important answers to this question. The books thus help to improve understanding of how art has changed in recent decades and how a global culture now shapes its parameters. This review does not however concur that Smith provides a convincing case for a complete cultural paradigm transformation.

Learning beyond books : strategies for ambient media to improve libraries and collaboration spaces as interfaces for social learning

With the advent of digital media and online information resources, public libraries as physical destinations for information access are being increasingly challenged. As a response, many libraries follow the trend of removing bookshelves in order to provide more floorspace for social interaction and collaboration. Such spaces follow a Commons 2.0 model: they are designed to support collaborative work and social learning. The acquisition of skills and knowledge is facilitated as a result of being surrounded by and interacting with a community of likeminded others. Based on the results of a case study on a Commons 2.0 library space, this paper describes several issues of collaboration and social learning in public library settings. Acknowledging the significance of the architectural characteristics of the physical space, we discuss opportunities for ambient media to better reflect the social attributes of the library as a place; i.e. amplify the sense of other co-present library visitors and provide opportunities for shared encounters and conversations, which would remain invisible otherwise. We present the design of a user check-in system for improving the library as a physical destination for social learning, sharing, and inspiration for and by the community.

The effectiveness of the best interests duty : enhancing consumer protection?

This article considers the uncertainty surrounding the scope of the best interests duty which forms part of the Government’s Future of Financial Advice (FOFA) reforms. It is likely to be many years before the courts can interpret and clarify the content of the duty. Under the new regime, the provision of personal financial advice will be made more difficult, complex and costly and these costs will be passed on to consumers. The article also considers whether there will still be scope for delivering standardized, non-tailored advice in the light of the best interests duty. In the pas standardized advice has allowed large amounts of low-level, generic advice to be delivered very efficiently. In order to avoid breaching the best interests duty standardized advice should only be used rarely, and only after a careful assessment has been made to ensure that a standardized approach is appropriate.

Open Access Books

Although digital technology has, in theory, made it possible for many more people to access content at no extra cost, fewer people than ever before are able to read the books written by university-based researchers. This article looks, very briefly, at the role that open access licenses might play in reviving the scholarly monograph: a specialised area of academic publishing that has seen sales decline by more than 90% over the past three decades. It also introduces a new approach to funding open-access scholarly books being pioneered by the not-for-profit social enterprise Knowledge Unlatched.

Design approaches for promoting beneficial indoor environments in healthcare facilities : a review

As a result of growing evidence regarding the effects of environmental characteristics on the health and wellbeing of people in healthcare facilities (HCFs), more emphasis is being placed on, and more attention being paid to, the consequences of design choices in HCFs. Therefore, we have critically reviewed the implications of key indoor physical design parameters, in relation to their potential impact on human health and wellbeing. In addition, we discussed these findings within the context of the relevant guidelines and standards for the design of HCFs. A total of 810 abstracts, which met the inclusion criteria, were identified through a Pubmed search, and these covered journal articles, guidelines, books, reports and monographs in the studied area. Of these, 231 full publications were selected for this review. According to the literature, the most beneficial design elements were: single-bed patient rooms, safe and easily cleaned surface materials, sound-absorbing ceiling tiles, adequate and sufficient ventilation, thermal comfort, natural daylight, control over temperature and lighting, views, exposure and access to nature, and appropriate equipment, tools and furniture. The effects of some design elements, such as lighting (e.g. artificial lighting levels) and layout (e.g. decentralized versus centralized nurses’ stations), on staff and patients vary, and “the best design practice” for each HCF should always be formulated in co-operation with different user groups and a multi-professional design team. The relevant guidelines and standards should also be considered in future design, construction and renovations, in order to produce more favourable physical indoor environments in HCFs.

Compendium of best practices on motorcycle and scooter safety

Throughout the Asia Pacific Economic Cooperation (APEC) and across the world, riders and passengers of motorcycles and scooters are among the most vulnerable road users. Such vulnerability is especially pertinent for nations that more often use motorcycles and scooters as a method of transportation. In developing effective countermeasures to reduce motorcycle and scooter death and injury across multiple regions, consideration is required of various situational and socio-cultural factors that vary across APEC economies. This compendium aims to facilitate implementation of best practice countermeasures to improve motorcycle safety in APEC member economies.

Survey of motorcycle and scooter safety for Project : Compendium of Best Practices on Motorcycle and Scooter Safety

Throughout the Asia Pacific Economic Cooperation (APEC) and across the world, riders and passengers of motorcycles and scooters are among the most vulnerable road users. There is considerably greater likelihood of death or injury from use of these vehicles compared with other motor vehicles. Such vulnerability is especially pertinent for economies that more often use motorcycles and scooters as a method of transportation. In developing effective countermeasures to reduce motorcycle and scooter death and injury across multiple regions consideration is required of various situational and socio-cultural factors that vary across APEC economies. The study presented here sought to understand important motorcycle and scooter safety issues across APEC economies and any current barriers that might exist in implementing potentially effective countermeasures. This is the first stage of a wider project which also includes a literature review and ultimately the production of a compendium to facilitate implementation of best practice countermeasures.

A Review of potential countermeasures for motorcycle and scooter safety practices across APEC for project : Compendium of Best Practices on Motorcycle and Scooter Safety

Motorcyclists and scooter riders are among the most vulnerable road users, across APEC. This report assesses the potential road safety measures that can be used to address these issues and selects measures that could feasibly and effectively be implemented across the Asia Pacific Economic Communities (APEC). The scope of the report is confined to on-road motorcycle riding. While the numbers of injuries resulting from off-road riding (including as part of farm work) are likely to be substantial based on data from other states, many of the issues and measures to reduce trauma in off-road riding would be quite different. A previous report described important motorcycle and scooter safety issues across APEC economies and any current barriers that might exist in implementing potentially effective countermeasures.

Towards the development of a best practice index for the disclosure of organisations' climate change-related corporate governance practices

The aim of this study is to develop a disclosure guide for climate-change-related corporate governance (CCCG) practices. Drawing from existing climate change policy guidelines together with content analysis of leading Australian companies’ disclosure practices, we develop a best practice index for the disclosure of CCCG practises. The best practice index is further informed, validated and refined by the contribution of experts from a range of stakeholder groups. Our index represents the most comprehensive list generated to date, utilising experts’ opinions, in relation to CCCG disclosure practices. This CCCG disclosure index would be useful for companies seeking to provide information in relation their CCCG practices

Foucault’s Thought

Michel Foucault was a French philosopher and historian of ideas who was born in Poitiers in France in 1926 and died in Paris in 1984. Since his death his work has had a steadily increasing impact across the social sciences and humanities, generating new research methodologies, new areas of empirical interest, and a whole panoply of theoretical concepts. Foucault produced some 11 books during his lifetime and a collection of 364 of his shorter writings was published in 1994. From 1970 to 1984, in his capacity as Professor of Systems of Thought at the research institution the Collège de France, he also produced an annual series of lectures reporting on his research. These lectures have gradually appeared in print since 1997. This entry provides an overview of Foucault’s overall philosophy and methodology, looks at key concepts in his work and provides descriptions of his best known books.

Activities for Pearl Barley and Charlie Parsley by Aaron Blabey Puffin Books 2007 Target group: Upper Primary

An upper primary multiliteracies project based on the children’s book “Pearl Barley and Charlie Parsley” by Aaron Blabey. The main theme explored is same and different.

The value of books : the fantastic flying books of Mr. Morris Lessmore and the social hieroglyphic of reading

The late eighteenth century witnessed the emergence of new technologies of subjectivity and of the literary. Most obviously, “the novel as a literary form appeared to embody and turn into an object the experience of life itself” (Park), and the novel genre came to both reflect and shape notions of interiority and subjectivity. In this same period, “A shift was taking place in the way people felt and thought about children and the accoutrements of childhood, including books and toys, were implicated in this change” (Lewis). In seeking to understand the relationships between media (e.g. books and toys), genres (e.g. novels and picture books), and modes of subjectivity, Marx’s influential theory of commodity fetishism, whereby “a definite social relation between men, that assumes, in their eyes, the fantastic form of a relation between things”, has served as a productive tool of analysis. The extent to which Marx’s account of commodity fetishism continues to be of use becomes clear when the corollaries between the late eighteenth-century emergence of novels and pictures books as technologies of subjectivity and the early twenty-first century emergence of e-readers and digital texts as technologies of subjectivity are considered. This paper considers the literary technology of Apple’s iPad (first launched in 2010) as a commodity fetish, and the circulation of “apps” as texts made available by and offered as justifications for, this fetish object. The iPad is both book and toy, but is never “only” either; it is arguably a new technology of subjectivity which incorporates but also destabilises categories of reading and playing such as those made familiar by earlier technologies of literature and the self. The particular focus of this paper is on the multimodal versions (app, film, and picture book) of The Fantastic Flying Books of Mr. Morris Lessmore, which are understood here as a narrativisation of commodity fetishism, subjectivity, and the act of reading itself.