An exploration of the notion and nature of the construct of cultural safety and its applicability to the Australian health care context

Cultural safety has been promoted by its New Zealand proponents as an effective process for managing cultural risk in health care and improving the cultural responsiveness of mainstream health services when delivering care to culturally diverse populations. Its effectiveness in this regard has not, however, been comprehensively investigated. A key purpose of this study was to explore and describe what is known and understood about the notion of cultural safety and its possible application to and in Australian health care domains. Findings from the study indicate that the notion of cultural safety is conceptually problematic, poorly understood, and underresearched and, unless substantially revised, cannot be meaningfully applied to the cultural context of Australia.

Slavoj Zizek: a little piece of the real

Contents: Introduction : locating Zizek as critical theorist -- 1. On Zizek's expanded notion of ideology -- 2. Western (European) modernity and its discontents -- 3. Lack in the other -- 4. Zizek's ticklish subject -- 5. Does Zizek have a critical social theory of contemporary capitalism? -- 6. Taking sides : what is left in Zizek? (the abyss of freedom?)

Risky business: stories from the field of rural community nurses' work in domestic violence.

This paper reports on a descriptive study into family violence in rural Victoria. Focus groups were held in a number of areas across rural Victoria with a total of 24 community nurse participants. The focus groups were audio-taped and the tapes transcribed to enable the clustering of themes. The dominant themes were: picking up cues, helping and helplessness, holding secrets and quiet resistance. Underpinning all these themes however, was the notion of 'risky business'. All nurses in the study gave examples of situations that they encountered; their ways of helping; of working sensitively; of working around a system that is unhelpful; and the ways in which their work while skilled, thoughtful and wise, is also costly in terms of the emotional wounds they carry. Rural nurses work with considerable risk and courage as they engage in the care and support of women experiencing family violence.

Let's kill the 'C' word: notions of authentic and synthetic in the teaching of journalism

One of the less desirable aftermaths of the so-called "Media Wars" - the intellectual debate over the role of cultural studies in the study of journalism - was reinforcement for some of the notion of fortress journalism: a Windschuttlian purist version of the Empire. This paper uses the alleged confrontation between the forces of that Empire (that is, proponents of pure journalism) and the forces of the Dark (that is, critics from a cultural studies tradition) as a means of examining the teaching of journalism in universities. The paper questions how the discipline of journalism should interface with others within the academy and asks what notion of journalism underpins our pedagogy and our epistemology. It is argued that it is time to discard an outdated craft model with its associations of authenticity and replace it with a model of synthetic professionalism.

The making of modern scientific personae: the scientist as a moral person? Emil Du Bois-Reymond and his friends

This article examines the notion of the 'scientist as a moral person' in the light of the early stages of the commodification of science and the transformation of research into a big enterprise, operating on the principle of the division of labour. These processes were set in train at the end of the 19th century. The article focuses on the concomitant changes in the public persona and the habitus of scientific entrepreneurs. I begin by showing the significance of the professional networks that were built up and maintained to further a group's research ideas and the careers of its members, thus demonstrating one condition on which depended their practice of science and their ability to earn a living. This leads to a characterization of the changing styles of work, thought and life, and to a consideration of public perceptions and of the ways in which a new self-image of scholarship and science was fashioned. A critical discussion of the public role of these mandarin scientists follows in order to highlight the strains created by the commodification of science at a time of international tensions and conflicts, when shared beliefs in scholarly cosmopolitanism were subverted by appeals to science and scholarship to work in the service of one's own nation as its 'courtiers'. Various considerations of peculiar analogies between national styles of research and the style of social organization are then noted. In the final section, the article queries the long-term impact of these developments on the ideal of the scientist as a 'moral person'. Taking a cue from Max Weber and pursuing reflections by Zygmunt Bauman on 'science moralized', I argue that the emergence of a type of 'specialists without spirit' was an unintended but fatal consequence of the changes in research practices promoted by scientific entrepreneurs such as Du Bois-Reymond. I conclude that the temptation to sever the ties to a general ethos of civil virtues lay in the rationalization, specialization and potential de-humanization of the objectifying scientific outlook once advocated for its efficiency.

Queer trepidations and the art of inclusion

Contemporary research and pedagogy related to sexualities and schooling in Australia, Aotearoa1/New Zealand and the United States often focuses on ways to alleviate homophobia and heterosexism in the hope of creating schools that are more inclusive of lesbian and gay (and very rarely bisexual, transgender and intersex2) (LGBTI) teachers and students. Within this paradigm, the notion of what comprises sexualities is often taken as given. Alternatively, researchers and educators may invoke essentialising narratives in order to make arguments for the inclusion of students and teachers who adopt LGBTI identifications. Drawing on a theoretical framework influenced by the work of Deborah Britzman3 and other queer theorists within and outside education this article interrogates these strategies of inclusion. In particular, I focus on research methodologies and pedagogies related to sexualities and schooling devised in the name of inclusion of young people who identify as lesbian, gay, bisexual or transgender (LGBT)4 in secondary educational contexts. This analysis, which is based on my doctoral studies, commences with a consideration of queer theories and the art of inclusion. Subsequent to this I analyse pedagogies of inclusion and methodologies of inclusion, and, their nexus with queer theories.

Sentencing of indigenous offenders in Victoria

It is common knowledge, especially in the context of the findings of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC),' that indigenous persons are over-represented at all stages of the criminal justice system. Unfortunately, little has changed since the RCIADIC and indigenous representation in prisons throughout the states and territories of Australia remains at high levels. What has come to prominence since the RCIADIC, particularly through the findings of the Human Rights and Equal Opportunity Commission in the 1997 report Bringing Them Home, is the notion of the Stolen Generation. For practitioners with indigenous clients, an important matter that may be put in mitigation is the effect of belonging to the Stolen Generation in terms of offering not only an explanation for offending, but also in terms of submissions put forward on behalf of the client pertaining to disposition. In this context, the Victorian Court of Appeal decision in R v Fuller-Cust is an important one, particularly the dissenting judgment of Eames J. His Honour, in a persuasive and well-reasoned judgment, suggests a method of sentencing indigenous offenders that relates questions of Aboriginality, the Stolen Generation and punishment.

Reflexive modernity and the art of public communication

In 2000, Victoria’s largest regional council, the City of Greater Geelong, allocated $200,000 to fund a community art and place-making project in inner Geelong West. The Walk West project was conceptualised and lobbied by a community group for six years. The project addressed the impact of a large section of freeway installed in the seventies and its consequences for quality of life in the locality.

This article reports on an example of highly developed community relations. It examines public art and placemaking as public communication tools and their relationship to political and social activity in post-amalgamation Victoria. In particular it applies the theories of Ulrich Beck and the notion of reflexive modernity in risk society where citizens’ initiative groups will play an increasingly important role in reclaiming the biological and cultural heritage lost as a result of ‘progress’.

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.

Just 'good and bad news'? Disciplinary imaginaries of head teachers in Australian and English print media

Australian and English print media are actively engaged in producing reports that claim to find the 'best schools', the 'real state of education', and 'star head teachers'. This article considers the production of knights and dames, maverick heads and struggling schools. It argues that some of these stories are clearly the products of departmental press bureau activities and policy agendas. It shows, however, that even those stories intended to critique government policy support paradoxically a notion of the singular importance of the headship and the virtues of heroic leadership. It is suggested that the simulacrum of the heroic head works as a normative disciplinary device for performative and market practices and is singularly off-putting to both serving and aspirant school leaders.

Prosecuting corporations and officers for industrial manslaughter-recent Australian developments

There have been concerns for some time about whether breaches of duty that cause a worker's death are appropriately dealt with under occupational health and safety legislation, or whether criminal prosecution is warranted in those cases involving recklessness or gross negligence. Defaulting employers are rarely prosecuted under existing criminal laws and there are serious doctrinal barriers to finding a corporation guilty of mens rea offences.
The Australian Capital Territory leads the way in Australia with the recent introduction of new criminal offences of industrial manslaughter for corporations and their senior officers. These laws rely on concepts of corporate liability based on organisational responsibility and corporate culture in the model Criminal Code Act 1995 (Cth) , thus avoiding the limitations of the identification doctrine. Other active Australian jurisdictions, whilst initially open to the notion of industrial manslaughter laws, have preferred to make changes to existing OHS laws to deal with the problem of workplace fatalities.
Whilst it has its limitations, and applies only in Australia's smallest jurisdiction, the Australian Capital Territory legislation reflects a commitment to treating workplace deaths with the seriousness they deserve, and making it easier to prosecute corporations whose operations are conducted recklessly or with gross negligence.

Discrimination as the touchstone of persecution in refugee law

The touchstone of refugee law is the concept of persecution. The concept is poorly defined. The courts have suggested that it includes several elements, including discrimination, systematic conduct, motivation and causation. In the context of distinguishing between prosecution and persecution, other criteria that have been employed include the notion of a law of general application’ and the legitimate and appropriate and adapted test. These concepts are often overlapping and some are superfluous. This paper proposes a new test for persecution. The best way forward to unify and inject coherency, consistency and certainty into this area of the law is to make discrimination the sole criterion of persecution. The (exhaustive) test for persecution that is proposed is as follows:  1. Does the law on its face impose an additional burden for a Convention reason? 2. If the answer is no, it is necessary to examine if the practical effect of the law is to impose an additional burden on people for a Convention reason either because the law selectively targets people for a Convention ground or disproportionately applies against people for a Convention ground? 3. If the answer to both questions is ‘no’, the law does not constitute persecution. 4. If the answer to question 1 or 2 is ‘yes’, then the law will constitute persecution unless there is a relevant basis for causing serious harm to people for a Convention reason.

Organizing forms in change management: the role of structures, process and boundaries in a longitudinal case analysis

This paper examines change management at William Angliss Institute of Technical and Further Education (TAFE) against the three organizational dimensions of structures, processes and boundaries identified by the INNFORM Study. Its experience confirms that even when an organization adopts a systemic approach and implements change across each design dimension, optimal performance benefits depend on mutually reinforcing and complementary changes. Furthermore, improvement to processes, particularly communications and human resources practices, plays a pivotal role, as complementary change across all dimensions depends ultimately on the contribution and commitment of organization members. Case findings also highlight the need for ambidextrous forms of organizing that combine 'controllability' with 'responsiveness'. The conceptual notion of organizing dualities has been employed to provide a practical interpretation of the ostensibly competing imperatives implied by ambidexterity. This case explores the dualities that can be demonstrated for the INNFORM triumvirate of structures, processes and boundaries. The dualities interpretation emphasizes an acceptance of texture and the simultaneous presence of what are conventionally viewed as incompatible organizing forms. This was considered a useful conceptual vehicle in the analysis of a case study covering nearly ten years of serious change interventions, where one theoretical view can be misleading in understanding the subtleties and complexities of the actual changes that occurred.

Sources of doubt, sources of duty: HLA Hart on international law

In many ways HLA Hart’s critical analysis of the concept of law, with its repudiation of simple command theories of legal obligation, is at the same time a critique of the notion of state sovereignty. It is therefore an adumbration, if no more, of a radical reconceptualisation of international law, one which redefines the distinction between municipal and in-ternational jurisdiction. This paper is an exploration of what Hart could or ‘should’ have said about international law, based as much as possible on what he did say about international law and law in general. After some introductory comments it outlines Hart’s general analysis of law, with particular reference to the relevance for our understanding of international law.

The relevance to international mergers of the ethical perspectives of participants

International mergers are becoming more widespread among medium-sized companies that for decades have held a prime position in their home country market, but who now feel threatened that they may not be of a significant size to continue to be viable in the international marketplace. The purpose of this paper is to examine the merger of one Australian company and one of its former competitors in the international marketplace from the perspective of the congruence between their espoused ethical cultures in business prior to the merger. A questionnaire comprising 46 questions was sent to the public relations manager of each organization prior to the merger. These managers were asked to fill in the questionnaire and to provide a copy of their code of ethics. The research found that organizations need to not only have a code of ethics, but also need to focus especially on the area of code augmentation to ensure that they communicate the ethos of their code to their employees.