Judicial responses to the protected confidential communications legislation in Australia

The article examines the background, aims and scope of recent legislation enacted in New South Wales, Victoria and South Australia to protect from disclosure in court of "confidential communications" generated in the context of counselling persons who allege that they were victims of sexual offences. In drafting the "confidential communications" legislation, the legislators undertook a difficult task of balancing the public interest in therapeutic confidentiality that would encourage victims of sexual assaults to report these offences and seek psychological and psychiatric care on the one hand, and the public interest in fairness of the trial, which may be prejudiced by exclusion of evidence pertinent to the forensic process on the other. In South Australia this task was fulfilled with greater success than in New South Wales and Victoria.

Fictions for representing and generating semiotic consciousness: the crime story and educational inquiry

This essay appraises the work of fiction in representing and generating semiotic consciousness in education by examining three intertextual continuities between crime fiction and stories of educational inquiry. First, many reports of educational research resemble detective stories in their quests to determine the (or a) “truth” about something that is problematic or puzzling and this essay describes some of the ways in which the characteristic investigatory methods of fictional detectives resemble forms of educational inquiry. Second, the characteristic ways in which detective stories generate interpretations are compared with the textual strategies deployed in producing meanings and narratives in educational inquiry. Third, recent transformations of both detective fiction and educational inquiry are shown to be comparable — and intertextually linked — manifestations of cultural and semiotic shifts associated with postmodernity. I conclude by suggesting that authors of “anti-detective” crime fiction might provide more appropriate models of educational inquiry than do fictional detectives.

Is it only 'what works' that 'counts' in new knowledge economies? Evidence-based practice, educational research and teacher education in Australia

Recent texts on globalisation and education policy refer to the rapid flow of education policy texts producing or responding to common trends across nation states with the emergence of new knowledge economies. These educational policies are shaping what counts as research and the dynamics between research, policy, and practice in schools, creating new types of relationships between universities, the public, the professions, government, and industry. The trend to evidence-based policy and practice in Australian schools is used to identify key issues within wider debates about the ‘usefulness’ of educational research and the role of universities and university-based research in education in new knowledge economies.

The impact of educational research: alternative methodologies and conclusions

Recent controversy regarding the nature, organization and impact of educational research in the UK (Hargreaves, 1996; 1997; 1999; Hammersley, 1997; Tooley, 1998; Hillage et al., 2000; Ball, 2001) seems to devote little attention to research on the impact of educational research. This paper examines a recent Australian report (The Impact of Educational Research, DETYA, 2000) in terms of both its conclusions and its methodologies. It suggests that the impact of educational research on both policy and practice is often complex and indirect rather than linear and straightforward and that the methodologies employed in assessing such impact need to be similarly complex. Moreover, it would appear that this particular research supports Atkinson's (2000) contention that the ways in which educational research is typically produced and utilized is as part of a complex conversation about a diversity of purposes, effects and judgements rather than a more technically oriented implementation of 'what works'.

Data protection and privacy: the Australian legislation and its implications for IT professionals

The notion of privacy takes on a completely different meaning when viewed from the perspective of an IT professional, an organisation using technology to support strategic directions or a member of the public. This paper looks past the technical issues involved in data protection and examines some of the business, social and regulatory aspects that have become important to those involved in the management, storage and dissemination of electronic information. The paper documents some of the legislative developments in privacy and data protection and examines what these developments mean for IT professionals for whom the link between data captured, stored and processed into information and the resulting effect on privacy is important. The Commonwealth Privacy Act 1988 based on work done by the Council of Europe, the OECD and the European Union provides some general guidelines but only for the public sector. However, new legislation imminent. Thus, IT professionals need to be aware of the changing situation and examine their organisation’s current practices to ensure compliance with future laws.

The initiation and administration of drugs for advanced life support by critical care nurses in the absence of a medical practitioner

Current legislation does not permit the administration of first line resuscitation medications by suitably qualified Division 1 registered nurses (RNs) in the absence of a medical officer. This omission by the Drugs,  Poisons and Controlled Substances Act 1981 (Vic) and the Drugs, Poisons and The Controlled Substances Regulations 1995 (Vic) leaves many critical care nurses in a vulnerable legal position.

The primary aim of this study was to gauge the view of critical care nurses with respect to lobbying for change to the current legislation. In addition, the study aimed to explore and describe the educational preparation, practice perceptions and experiences of RNs working in critical care regarding cardiopulmonary resuscitation and the administration of first line advanced life support (ALS) medications in the absence of a medical officer. It was anticipated that data collected would demonstrate some of the dilemmas associated with the initiation and administration of ALS medications for practising critical care nurses and could be used to inform controlling bodies in order for them to gain an appreciation of the issues facing critical care nurses during resuscitation.

A mailout survey was sent to all members of the Victorian Branch of the Australian College of Critical Care Nurses (ACCCN). The results showed that the majority of nurses underwent an annual ALS assessment and had current ALS accreditation. Nurses indicated that they felt educationally prepared and were confident to manage cardiopulmonary resuscitation without a medical officer; indeed, the majority had done so. The differences in practice issues for metropolitan, regional and rural nurses were highlighted. There is therefore clear evidence to suggest that legislative amendments are appropriate and necessary, given the time critical nature of cardiopulmonary arrest. There was overwhelming support for ACCCN Vic. Ltd to lobby the Victorian government for changes to the law.

Administering the global trap : the role of educational leaders

This article begins with an analysis of Martin and Schumann’s thesis that globalization is (a) enhancing the power of corporations and undermining the sovereignty of nation states and (b) in the process consuming social capital at an alarming rate, thus producing a loss of social cohesion. Globalization is then discussed in terms of the transformations of technology, finance, production and culture, and Gray’s account of differing relationships between markets and cultures in differing forms of capitalism is introduced. The Third Way is then analysed as a specific attempt to resolve cultural contradictions and its limitations are set out. As a possible way forward Amartya Sen’s account of ‘development as freedom’ is outlined and the implications for the role of educational leaders are discussed.

Phelan's bibliometric analysis of the impact of Australian educational research

Phelan (2000) has produced a complex bibliometric analysis of the international contribution of Australian educational research based upon publications and citations reported in the journals indexed by the Institute for Scientific Information - the Standards & Poors of the academic world. This paper examins Phelan's analysis, showing its strengths and weaknesses, as well as examining his proposal for the establishment of an Australian database along the lines of the ISI's index.

Peer groups, power and pedagogy : the limits of an educational paradigm of separation

In contrast to the plethora of literature that suggests that the increasing gulf between teachers and young people is due to the shifting interests and expectations of young people, the focus of this paper is on the roles teachers play in this relationship. Provoking interest is a concern that some of the assumptions that underpin 'mainstream' pedagogic theory and practice might actually contribute, albeit unwittingly, to hardening rather than softening the communication divide. Drawing on an incident that took place between a group of 7–8 year old males in a primary school setting, the authors reveal the limits of a teaching paradigm that encourages teachers to adopt authoritative positions from which to separate and individualise student behaviour. In theoretical terms, they argue that the application of this paradigm asserts an exaggerated notion of agency to individuals in the construction of identity. In practical terms it promotes processes that individualise behaviour as a way of dealing with miscreance. Together these manifest themselves as a 'pedagogy of separation'. The process of building more productive pedagogic relationships, it is concluded, needs to begin with teachers better recognising and engaging with the collective investments of young people.

A Look at Corporate Code of Conduct Legislation

Over recent years, there has been a growing perception among civil society in the developed world that multinational corporations are engaged in socially and environmentally exploitative practices that they would never get away with, or even attempt, in their home countries. Whether right or wrong, that perception and its political and economic ramifications have driven a global movement for more responsible corporate behavior. As part of that global movement, three common law jurisdictions—the United States, Australia and the United Kingdom—have seen legislation introduced to enforce standards of practice for multinational corporations based in those countries in respect of their overseas activities. None of those Bills has yet passed into law, but they are worthy of analysis as attempts to transform hitherto amorphous concepts like 'corporate social responsibility' into concrete legislation. This article compares and critically analyses the three Bills, making recommendations as to how they could be improved, with particular emphasis on the need to forge stronger links between the legislative provisions and international human rights law.

Allegations of unlawful discrimination in education: parents taking their fight for Auslan to the courts

This paper examines the use of the Disability Discrimination Act (Commonwealth of Australia, 1992) by parents seeking access for their deaf children to native sign language in the classroom. It reviews a number of cases in which Australian parents have claimed indirect discrimination by educational authorities over their children's lack of access to instruction through Australian Sign Language (Auslan) and discusses the outcomes of such litigation. The policies endorsed by deafness organizations are contrasted with those of state educational authorities. The author discusses the limitations of a complaints-based system to address systemic discrimination and suggests the need for legislation to protect the linguistic rights of deaf children.

Restructuring educational leadership in changing contexts: a local/global account of restructuring in Australia

The 1990s saw considerable structural reform in school education in many Anglophone nation states, marked by trends towards school-based, site-based, self-managing and self-governing schools. This article illustrates through a case study of educational restructuring in Victoria, Australia, how leadership, as a discursive practice, is redefined in the context of spatial and cultural restructuring. Restructuring produced a spatial redistribution of educational provision and individual opportunities as a result of structural adjustment reforms. These same policy moves towards post-welfarism also produced cultural shifts in attitudes to education with the rise of the new instrumentalism and entrepeneurialism. For school principals at the forefront of self managing schools, this meant shifts in resource distribution through new policy mechanisms of managerial and market accountability, and also new priorities impacting on leadership practices with a move from dialogic to decisional modes of management. The question is how recent policy moves towards learning networks and reinventing systematic support with a focus on locational disadvantage are addressing what were increased educational disparities between schools and students. Does this provide scope for more equity-driven leadership practices?

E-commerce and graduate education: is educational quality taking a nose dive?

Purpose: Online education has been growing rapidly, but has not had the benefit of the extensive teaching pedagogy development of traditional face-to-face teaching. This paper aims to provide a review of the current literature and present the results of a survey, conducted to determine the effectiveness of a graduate online subject. Design/methodology/approach: The literature was reviewed to identify measures of success and quality in online education delivery. These measures were then considered in relation to their application in practice via a case study based around a survey conducted at Deakin University in Australia. Findings: A total of 16 relevant measures of teaching quality were identified in the literature. Most measures had elements of bias and some were more generally applicable to online learning. The case study suggested that the value of computer mediated learning in an online environment was limited and that a combination of print and computer mediated conferencing performed better in more of the identified quality matrices. Practice implications: Online learning does not save teaching resources if standards of quality are maintained. It can be used to provide a remote teaching facility, provided it is backed up by resources such as printed study guides. For the subject evaluated, online mediated learning did not the provide the same quality of education. Originality/value: Whilst some research has been conducted in this area, no substantive grounded theory has been applied to postgraduate or fee-paying online education regimes. As a result, case studies of such applications can be very helpful in the design of future teaching systems.