The novel as social satire: 60 years later, the wind done gone and the limitations of fair use

The absence of the doctrine of fair use from Australian copyright law has been a bone of contention in Australia after the Australia-United States Free Trade Agreement (FTA). As the Australian government reformed the Copyright Act 1968 (Cth) in the aftermath of the FTA it eschewed the option of adopting fair use. Instead, Australia chose to incorporate a version of fair use into its existing fair dealing framework. Accordingly, the Copyright Amendment Act 2006 (Cth) inserted ss 41A and 103AA into the Copyright Act. These provisions provide that a fair dealing with a copyright protected work does not constitute an infringement if it is done for the purposes of parody or satire. These provisions codify part of the ratio of the United States Supreme Court in the seminal case of Campbell v Acuff Rose Music. However, the parameters of these new provisions are unexplored and the sparse nature of fair dealing jurisprudence means that the true meaning of the provisions is unclear. Moreover, two cases from the United States, SunTrust Bank v Houghton Mifflin and Salinger v Colting, underline just how important it is to have legal rules that protect literary ‘re-writes’. Both cases involved authors using an original novel to ‘write back’ to the original author and the broader culture. ‘Writing back’ or the ‘re-write’ has a firm basis in literature. It adds something invaluable to our culture. The key question is whether our legal landscape can allow it to flourish. This paper examines the interaction between fair use and literary re-writes.

A 'fair cop': queer histories, affect and police image work in Pride March

This article investigates how proactive police image work contends with the politics of queer history by drawing from aspects of affect theory. It asks: How does police image work engage with or respond to ongoing histories of state violence and queer resistance? And why does this matter? To explore these questions, the article provides a case study of the Victorian Pride March in 2002. It analyzes textual representations of Chief Commissioner Christine Nixon’s participation in the parade to show how histories of homophobic police violence can be used strategically to fortify a positive police image among LGBT people and the wider community. Police image work carried out at Pride March becomes a means of legitimizing past policing practices with the aim of overcoming poor and antagonistic LGBT-police relations. The visibility of police at Pride March, this analysis suggests, contributes to the normalization of queerness as a site to be continually policed and regulated. Image work here also buttresses police reputation against the negative press associated with incidents of police brutality. This investigation contributes to the literature on police communications and impression management by demonstrating how police can mobilize negative aspects of their organizational history as an important part of police image work in the present.

Players, clubs, events and the Trade Practices Act : a primer for sporting clubs

The Trade Practices Act (TPA) has had an enormous impact on how corporations in Australia may conduct their business. In relation to sporting clubs, it limits the freedom of clubs to deal with players, each other and the public. While previously many clubs may have escaped the ambit of the TPA because they were not “corporations”, state equivalent Fair Trading legislation and the introduction of the national competition policy in 1995 have effectively expanded the scope of consumer and competition regulation to include individuals and associations. Consequently, an understanding of the nature and scope of trade practices regulation is now important for any sporting organisation—regardless of size or structure. This paper identifies the legislative provisions most likely to impact upon sporting clubs and examines some possible circumstances in which clubs might find themselves exposed to liability.

`A bit of a chameleon act`: a case study of one teacher`s understandings of diversity

While for political, economic and social justice reasons, there is now an emphasis on ensuring that all children achieve educationally, including those whose ethnicity, 'race' or socio-economic status are different from the dominant culture, multiple and often contradictory discourses operate concerning how teachers should work with diversity. Within post-structural theories, 'race', socio-economic status, gender and ethnicity are theorised as fluid, dynamic and interconnected categories of identity. In this article, working with post-structuralist concepts including notions of 'discourse', 'subjectivities', and 'investments', I briefly review a number of discourses around identities and difference that play out within education, particularly in Australia, but with reference to research in North America, and the United Kingdom as well. I then draw on research data to present a case study of one teacher's perspective on diversity. Using his childhood experiences of being both an 'insider' and 'outsider' in mainstream culture, I speculate on how his subjectivities shape and are shaped by his professional identity and relations with students. I discuss his understanding of diversity and of socially just pedagogies in light of current discourses and consider some implications for how teacher education might develop richer, more complex understandings of diversity.

Gatekeeping or redressing social exclusion : expectations on social work educators in relation to incarcerated students

Until recently, the author was in Scotland, where professional registration in social work extends to students and involves criminal record checks prior to acceptance into a course of study. She is now teaching at Deakin University in Australia, which places a high priority on making higher education available to persons and groups who have traditionally been excluded, both through the provision of courses through off campus (distance education) study mode and an innovative and culturally sensitive mode of provision for indigenous Australians. One result of our attempts to redress social exclusion is that, on occasion, we discover that some of our students are incarcerated. There are important logistical issues which may emerge as a consequence of accepting prisoners into a program of social work education. However, it would seem that the inclusion of prisoners is symbolic of a fundamental difference in philosophy with programmes of social work education in countries where there is a strong expectation that social work educators act as gatekeepers to the profession, especially in respect of students with criminal convictions. This in tum reflects an expectation among social work educators in Australia that it may be more appropriate for professional associations or registration bodies to determine whether or not a graduate with a criminal record is suitable for employment as a professional social worker. In some settings, a prior criminal record is not a barrier to being an effective service provider, as well as international differences in understandings of the social work role and employment
destinations of social work graduates.

Is it worth the effort? How feedback influences students' subsequent submission of assessable work

This paper explores the extent to which students appear to their assessors to act on feedback they have received, and questions the assumption that providing feedback alone is sufficient to effect higher standards of work by students. Feedback provided to 51 undergraduate social work students, on two consecutive assignments involving a similar task, was examined to ascertain the number of problem areas noted from seven predefined categories. While the greatest increase in marks was associated with the greatest reductions in the number of problem areas identified in the comments, overall two-thirds of all students (66.7%) were awarded marks for both assignments within four percentage points. As such, this study found only limited support for the idea that students respond to feedback by making changes which are consistent with the intent of the feedback received. Hence the assumption that providing feedback alone is sufficient to effect higher standards of work by students was not supported. These findings invite educators to critically reflect on their own practices in providing feedback to students.

Discussing sex at work can be a costly business: Translating the science, language and law behind M v A & U (2007) QADT 8...

On 16 March 2007, in the matter of M v A & U [2007] QADT 8, the Anti-Discrimination Tribunal of Queensland found that a complaint of discrimination in the supply of goods and services had been made out by the complainant on two grounds: her female sex and lawful sexual activity. The decision would have been quite unremarkable except that ‘M’, as the complainant was known for the purposes of the hearing, is a woman of difference, one who had unusually arrived at her legal female state by completing the sex reassignment process now more commonly described as ‘sex affirmation’.

This article seeks to elaborate on the language and law of transsexualism used by the Tribunal. Its aim is to enhance practitioners’ understanding of the legal and social issues peculiar to those who affirm a sex opposite that first assigned to them so that those practitioners may better interpret the law to their clients. As the instant decision shows, the failure by an employer to take reasonable steps to avoid infringing the Anti-Discrimination Act 1991 (Qld), either on its own part or by the actions of its employees, can prove a costly business indeed.

The author offers a brief synopsis of the current medical viewpoint regarding transsexualism and reviews recent Australian legal developments in the jurisprudence. She reminds practitioners that the Anti-Discrimination Act 1991 (Qld) has since been further strengthened by the inclusion of ‘gender identity’ as a protected attribute, and concludes by proposing the existence of a heightened duty on the part of practitioners to ensure business clients are aware of the full extent of their legal obligations to not discriminate against employees or clients.

Some of my students are prisoners : issues and dilemmas for social work educators

Higher education recruitment principles and procedures which seek to redress social exclusion have inadvertently resulted in the authors discovering that some of their students are incarcerated. Notwithstanding the important logistical issues which may emerge as a consequence of accepting prisoners into a programme of social work education, it would seem that the inclusion of prisoners is symbolic of a fundamental difference in philosophy with a risk management stance which expects that social work educators act as gatekeepers to the profession, especially in respect of students with criminal convictions.

Work choices : Increasing productivity, job creation and work-family balance? Not likely!

The introduction of the Workplace Relations (Work Choices) Amendment Act 2005 (Cth) has resulted in one of the most contentious changes to federal labour law in Australia’s history. There is considerable debate as to whether it has fulfilled the government’s expectations of giving ‘flexibility’ and ‘choice’ to both employees and employers or if there has been an overall deterioration in working conditions. In order to identify the impact of this legislation in the workplace, Deakin University surveyed 11,000 AHRI members throughout Australia. Preliminary results are reported in the paper but, even at this early stage, there is sufficient material to critically comment upon the changes to Australia’s industrial relations system. It appears that the vast majority of AHRI members felt that there had been no change in productivity, job creation or work-family balance and that only a few expected an improvement over the next 3 years.

Defendants' liability for pure mental harm to third parties in Australia : still a work in progress

In Australia, both common and statutory law allows compensation for negligently occasioned recognised psychiatric injury, but distinguishes between pure mental harm and consequential mental harm. This column briefly discusses the concept of pure "mental harm" and the major Australian cases relating to defendants' liability to third parties for causing them pure mental harm (Jaensch v Coffey (1984) 155 CLR 549 [PDF]; Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317 [PDF]; Sullivan v Moody (2001) 207 CLR 562 [PDF]; and Gifford v Strang Patrick Stevedoring Pty Ltd (2003) 214 CLR 269 [PDF]). The analysis focuses on judicial approaches to determining liability in these cases, especially causation. Lack of guiding principles and precise tests for attribution of liability are illustrated by Kemp v Lyell McEwin Health Service (2006) 96 SASR 192 [PDF]. This case is analysed first in the context of common law, and then in the light of the reform legislation contained in the Civil Liability Act 1936 (SA) and similar provisions in other jurisdictions.

Personal property securities (draft ) bill 2008 - problems and why it will not work

Attempts are under way to condense more than 70 pieces of federal, state and territory legislation on personal property securities (PPS) into a single Federal Act. The revised second draft of the PPS Bill 2008 was released in November calling for further public comments by December 2008. The aim of this article is to highlight some of the important instances where further intensive drafting is needed. It draws out some key issues that have not been addressed that may assist in further revising the bill. Overall, the author firmly believes that the bill is far from perfect, that much work is still needed to improve clarity and readability and to minimise any uncertainty in the use of certain terms that are repetitive and obsolete. The article concludes with some useful references that Australia could perhaps learn from the problems currently experienced in New Zealand under its own PPS Act.

Negotiating curriculum work in ESL

Conducting applied research in workplace settings on and/or with colleagues raises a host of ethical and procedural issues about research. Empiricist, interpretive, and critical approaches all have a place in understanding, describing and changing curriculum perceptions. As one moves from one paradigm to the other the voices of the agents in the curriculum process become increasingly prominent. With reference to some of my own workplace research under the three paradigms mentioned above, I describe ways in which educational research in workplace settings represents curriculum reality and can act as an engine of change.

Investigation of the effects of microcomputers on the work of professional accountants

Information technology research over the past two decades suggests that the installation and use of computers fundamentally affects the structure and function of organisations and, m particular, the workers in these organizations. Following the release of the IBM Personal Computer in 1982, microcomputers have become an integral part of most work environments. The accounting services industry, in particular, has felt the impact of this ‘microcomputer revolution’. In Big Six accounting firms, there is almost one microcomputer for each professional accountant employed, Notwithstanding this, little research has been done on the effect of microcomputers on the work outcomes of professional accountants working in these firms. This study addresses this issue. It assesses, in an organisational setting, how accountant’ perceptions of ease of use and usefulness of microcomputers act on their computer anxieties, microcomputer attitudes and use to affect their job satisfaction and job performance. The research also examines how different types of human-computer interfaces affect the relationships between accountants' beliefs about microcomputer utility and ease of use, computer anxiety, microcomputer attitudes and microcomputer use. To attain this research objective, a conceptual model was first developed, The model indicates that work outcomes (job satisfaction and job performance) of professional accountants using microcomputers are influenced by users' perceptions of ease of use and usefulness of microcomputers via paths through (a) the level of computer anxiety experienced by users, (b) the general attitude of users toward using microcomputers, and (c) the extent to which microcomputers are used by individuals. Empirically testable propositions were derived from the model to test the postulated relationships between these constructs. The study also tested whether or not users of different human-computer interfaces reacted differently to the perceptions and anxieties they hold about microcomputers and their use in the workplace. It was argued that users of graphical interfaces, because of the characteristics of those interfaces, react differently to their perceptions and anxieties about microcomputers compared with users of command-line (or textual-based) interfaces. A passive-observational study in a field setting was used to test the model and the research propositions. Data was collected from 164 professional accountants working in a Big Six accounting firm in a metropolitan city in Australia. Structural equation modelling techniques were used to test the, hypothesised causal relationships between the components comprising the general research model. Path analysis and ordinary least squares regression was used to estimate the parameters of the model and analyse the data obtained. Multisample analysis (or stacked model analysis) using EQS was used to test the fit of the model to the data of the different human-computer interface groups and to estimate the parameters for the paths in those different groups. The results show that the research model is a good description of the data. The job satisfaction of professional accountants is directly affected by their attitude toward using microcomputers and by microcomputer use itself. However, job performance appears to be only directly affected by microcomputer attitudes. Microcomputer use does not directly affect job performance. Along with perceived ease of use and perceived usefulness, computer anxiety is shown to be an important determinant of attitudes toward using microcomputers - higher levels of computer anxiety negatively affect attitudes toward using microcomputers. Conversely, higher levels of perceived ease of use and perceived usefulness heighten individuals' positive attitudes toward using microcomputers. Perceived ease of use and perceived usefulness also indirectly affect microcomputer attitudes through their effect on computer anxiety. The results show that higher levels of perceived ease of use and perceived usefulness result in lower levels of computer anxiety. A surprising result from the study is that while perceived ease of use is shown to directly affect the level of microcomputer usage, perceived usefulness and attitude toward using microcomputers does not. The results of the multisample analysis confirm that the research model fits the stacked model and that the stacked model is a significantly better fit if specific parameters are allowed to vary between the two human-computer interface user groups. In general, these results confirm that an interaction exists between the type of human-computer interface (the variable providing the grouping) and the other variables in the model The results show a clear difference between the two groups in the way in which perceived ease of use and perceived usefulness affect microcomputer attitude. In the case of users of command-line interfaces, these variables appear to affect microcomputer attitude via an intervening variable, computer anxiety, whereas in the graphical interface user group the effect occurs directly. Related to this, the results show that perceived ease of use and perceived usefulness have a significant direct effect on computer anxiety in command-line interface users, but no effect at all for graphical interface users. Of the two exogenous variables only perceived ease of use, and that in the case of the command-line interface users, has a direct significant effect on extent of use of microcomputers. In summary, the research has contributed to the development of a theory of individual adjustment to information technology in the workplace. It identifies certain perceptions, anxieties and attitudes about microcomputers and shows how they may affect work outcomes such as job satisfaction and job performance. It also shows that microcomputer-interface types have a differential effect on some of the hypothesised relationships represented in the general model. Future replication studies could sample a broader cross-section of the microcomputer user community. Finally, the results should help Big Six accounting firms to maximise the benefits of microcomputer use by making them aware of how working with microcomputers affects job satisfaction and job performance.

Chaos rules : an exploration of the work of instructional designers in distance education

This thesis provides an examination of the work of instructional designers in distance education, through the conceptual lens of chaos theory. Chaos theory was chosen as an analytical tool because of its ability to reveal the patterns and processes of complex systems as they move between order and turbulence. Recent work in the social sciences, specifically literary theory, has provided impetus for applications of chaos theory to educational settings. Specifically, chaos theory is used to analyse eight case studies of projects volunteered by instructional designers working in five institutions in Hong Kong and Australia. Data were gathered over a period of months with each participant, chiefly through interviews, but also involving diary accounts, electronic mail and letters. The methodology was thus qualitative, specifically informed by Eisner's vision of the ‘critical connoisseur’. Eisner equates an ‘enlightened eye’ with attainment of the skills of a critical connoisseur. First, an effective qualitative researcher must develop connoisseurship, the art of appreciation. On its own, though, connoisseurship is not enough; it is a private act, and thus needs a public face or presence. Criticism is this link, criticism being the art of disclosure. The critical connoisseur aims to help others to increase perception and deepen understanding of an educational situation or event. In addition to the empirical work, a parallel strand of this thesis investigates the theory and reported practice of instructional design. A brief history of instructional design is presented, along with discussion of acknowledged deficiencies of current theory and approaches. Recent reported investigations of both theory and practice are analysed from the viewpoint of chaos theory. Examination of key contributions in the literature of instructional design and distance education reveals considerable resonance between these contributions and the fundamental properties of chaotic systems. Links are made, in both the theoretical and empirical strands, between instructional design and the behaviour of dissipative structures, attractors and the process of bifurcation. Use is also made of the time-dependent nature of chaos theory as a theory of becoming, rather than one of being. The thesis comprises eight chapters, two appendices and a references section. The introductory chapter explains the research problem, and outlines the structure of the thesis. Methodological considerations are left until after an assessment of instructional design literature and (reported) practice. This deliberately theoretical investigation (Chapters 2 and 3) comprises the first of the parallel strands that are presented. The basic conclusions are that instructional design theory has not been particularly helpful to or used by instructional designers, and that chaos theory might provide an alternative way of viewing instructional design practice. The other parallel strand is the empirical work, which for four chapters outlines the methodology and my findings concerning the role of instructional designers in distance education. The methodology is detailed in Chapter 4. Chapter 5 establishes the contexts of the participants, by examining their backgrounds and introductions to their roles. It also investigates their views on their role and status within their institutions and with working colleagues. Chapter 6 is an exploration of the major issues that influenced the work of the instructional designers. These are the issues that arose naturally in the interviews as the participants outlined the development and interactions that took place on a day to day basis. Time emerges as a key influence in their work, and its effects on the projects are outlined and analysed. The ways that instructional designers give advice to those with whom they work is also investigated. The next chapter continues consideration of their work, but this time as they reflect on their role and its demands. This includes their reactions to the various metaphors that have appeared in the literature, along with those that they introduced into our discussions. The links that are established between the two parallel strands are drawn more explicitly in the final chapter, Chapter 8, which is a notion of what a model of instructional design based on my conclusions might resemble. It summarises the evidence that it is not necessarily by striving for order—in fact quite the opposite — during key periods of course development, that leads to creative outcomes. The introduction of uncertainty and turbulence does, in some cases and under some conditions, move the system to a higher level. The image that is offered from chaos theory is that of time-bound dissipative structures, interacting with their open environment at far-from-equilibrium conditions, and transforming themselves from disorder to order through bifurcation. The role of strange or chaotic attractors is highlighted in the process. The first appendix gives background information in terms of the methodology. The second is the heart of the data upon which the thesis draws. That is, the second appendix outlines the case studies of the participants. Most are short summaries, but the final one is a detailed study, tracing the progress of the design and development of a subject in distance education.