“People’s law” and restorative justice: the success of circle sentencing in New South Wales

Informal sentencing procedures in remote Indigenous communities of Australia have been occurring for some time, but it was in the late 1990s that formalization of the practice began in urban areas with the advent of Indigenous sentencing and circle courts. These circle courts emerged primarily to address the over-representation and incarceration of Indigenous people in the criminal justice system. The first Indigenous urban court was assembled in Port Adelaide, South Australia in June 1999 and was named the Nunga Court. Courts emerging since in other states are based on the Nunga Court model, although they have been adapted to suit local conditions. The practice of circle sentencing was introduced in New South Wales (NSW) in Nowra in February 2002.

Examining sports coaching philosophy: implications for policy, pedagogy and practice

This thesis showed that philosophy in coaching lacks the theoretical foundations of other helping professions, with a lack of guidance by formal coach education programs resulting in coaches adopting their own “sport philosophy”, which enabled coaches to operationalize it in ways that assisted their practice (observed through consistent coach behaviour).

Challenging the handover : recommendations for research and practice

Communicating nursing care during the patient's total hospital stay is a difficult task to achieve within the context of high patient turnover, a lack of overlap time between shifts, and time constraints. Clear and accurate communication is pivotal to delivering high quality care and should be the gold standard in any clinical setting. Handover is a commonly used communication medium that requires review and critique. This study was conducted in five acute care settings at a major teaching hospital. Using a grounded theory approach, it explored the use of three types of handover techniques (verbal in the office, tape-recorded, and bedside handovers). Data were obtained from semi-structured interviews with nurses and participant field observations. Textual data were managed using NUD-IST. Transcripts were critically reviewed and major themes identified from the three types of handovers that illustrated their strengths and weaknesses. The findings of this study revealed that handover is more than just a forum for communicating patient care. It is also used as a place where nurses can debrief, clarify information and update knowledge. Overall, each type of handover had particular strengths and limitations; however, no one type of handover was appraised as being more effective. Achieving the multiple goals of handover presents researchers and clinicians with a challenging task. It is necessary to explore more creative ways of conducting the handover of patient care, so that an important aspect of nursing practice does not get classified as just another ritual.

Gender blind? Australian immigration policy and practice, 1901-1930

This paper seeks to explore the nature of Australian immigration policies and practices, particularly their impact on women, from federation in 1901 to the cessation of large-scale assisted immigration to Australia brought about by the 1930s depression. The characteristics that influenced and affected female immigrants may have differentiated their experiences from those of male immigrants in the same period. Differential treatment of men and women has often been an unstated given in the formulation and implementation of immigration policies. It was as common to non-government organisations (of which there were, and still are, a great many associated with immigration and settlement), as to governments, both federal and state. Several inequities can be identified in the making and implementation of immigration and settlement policies, and in the access to government grants, concessions and services, not only in terms of race, ethnicity, class or occupation (which is well trodden ground in this field) but also in terms of gender.[1] Such differentiation is part of the broader framework of changing conceptions about the place and roles of women in Australian society and their expected contribution to the nation, but it has remained largely unexplicated in this period and field.

Predicting IHRM strategy and practice decisions : development of the IHRM orientation typology

International human resource management (IHRM) is becoming increasingly fundamental to organisational success, as globalisation forces demand organisations to design and implement a global strategy. One of the most critical choices faced by IHRM practitioners is whether and when an organisation should adapt its human resource policies and practices to the local context (localisation). A typology of International Human Resource Management Orientations (IHRMO) that clarifies what IHRMO’s are and what they entail is developed from a review of the literature on localisation and globalisation, convergence and divergence and Perlmutter’s management typology. Additionally, two theoretical models are developed that predict which IHRM orientation identified in the typology should be adopted. The article takes a step towards elucidating effective IHRM strategy and practice decision-making by showing that culture and institutional pressures, amongst other tings, do make a difference.

The disunity of employment law and sentencing

This article discusses the lack of integration between criminal sanctions and employment deprivations (in the form of being dismissed from employment or disqualified from working in certain industries). Offenders who are employed in certain industries, especially the professions, often suffer a far greater net punishment upon being found guilty of a criminal offence than other offenders, thereby violating the principle of proportionality and the (related) principle of equality in the impact of sanctions. The reason that such a situation has developed is because criminal sanctions and employment deprivations have evolved from different streams of jurisprudence. This article argues that sentencers should impose a ‘net’ sanction for a criminal offence, thereby merging these streams of jurisprudence. This would require courts to be vested with the power to suspend or disqualify people from being employed in certain occupations. The legal analysis in this article focuses on case and statutory law in Australia, however, the same broad principles apply in all common law jurisdictions, including the UK. Hence, the reform proposals suggested in this article are relevant throughout the common law world.

The theory and practice of coastal area planning: linking strategic planning to local communities

Integrated coastal management (ICM) has been slowly accepted over the last decade as a unifying approach for coastal planning and management throughout the world. Coastal planning aimed at achieving the objectives of ICM can be implemented by varying processes and faces many challenges. One major challenge for coastal planning is to adapt the well-developed theoretical principles of ICM to practical and understandable outcomes in local areas. Associated with this challenge is the need to balance coastal planning objectives for conservation and economic development of a nation or state/province with the objectives of the local community. This article describes a three-tiered approach to coastal planning in Victoria, Australia, which will be of value to other countries, particularly those with subnational coastal planning jurisdictions. This approach not only has the aim of balancing subnational (e.g., state government) and local objectives, but also of applying the theoretical concept of ICM in practice on the ground. In addition, the approach sets out to achieve a sense of ownership of the planning process by local communities by maximizing their involvement at all levels of planning and also by making the state strategy as easy to understand and follow as possible.

Holding the purse strings : the continuing evolution of human rights law and the potential liability of the finance industry for human rights abuses

While the responsibility of States and, in more recent times, corporations, has been thoroughly discussed in relation to human right~, a new stage of evolution may be emerging in relation to the liability of the financial backers of an enterprise that is accused of human rights abuses. This article considers the basis in international law for such emerging liability and examines some of the legal avenues used in recent domestic litigation against financial institutions. The article concludes by examining some of the relevant instruments of 'soft' international law and notes that although there is little in the way of concrete legislation or judicial precedent that would hold financial institutions responsible for the actions of those they invest in, the potential for the law to evolve in that direction is clear.

Removal of directors of public companies takes centre stage in Australia : an exploration of the corporate law and governance issues

Increasing attention is being given to the legal and governance issues relating to the removal of directors in Australian public companies. This has been due mainly to the difficulties experienced by the board of National Australia Bank in attempting to remove one of its fellow directors, and the subsequent development of public companies entering into so-called 'prenuptial agreements' with new directors, requiring that the director 'resign' if the board pass a vote of no-confidence in the director. In this article, the author revisits the area of director removal in Australian public companies for two reasons. The first reason, which covers the majority of the article, is to engage in a detailed analysis of whether the pre-nuptial agreements which some public companies have indicated that they support using to remove directors, are in fact enforceable under Australia's Corporations Act The second reason is to outline a law reform proposal to enable public companies to remove directors without requiring the vote of shareholders at a general meeting. The proposal involves providing Australia' corporate  regulator, the Australian Securities and Investments Commission (ASIC) with the power to grant relief from the statutory removal provisions to public companies, but in a way which balances the competing objectives of commercial efficiency and shareholder participation and, very importantly, encourages good corporate governance practices by companies in relation to the performance assessment  of directors.

It is in the interests of both shareholders and directors to agree on a set of ground rules for the effective supervision of companies that reconciles the rights of the owners to overall control with the much tougher demands on modern directors

Regulating history: Australian racial vilification law and history denial

Whether the law can make a reasonable assessment and determination on matters of the historical record - whether current Australian law equips judges and other relevant decision-makers with the analytic and prescriptive tools capable of identifying instances of racial vilification masquerading as bona fide historical scholarship.

The challenge of managing continence care in residential aged care settings : recommendations for research and practice

Incontinence-related problems are a major reason for placement in residential aged care facilities. Data from the Residential Classification Scale indicates that 86% of people in residential aged care facilities in Australia are dependent on others for bladder management, 77% require some support with bowel management and 78% require some support with toileting. In this paper, we present an overview of the literature on the issues that need to be considered for the management of incontinence in residential aged care settings. Based on this literature, we make recommendations for research and practice. Although residential care facilities are mandated to provide continence care, there is little research evidence on which to base care or to evaluate the effectiveness of current practices. Further research is required to address this gap in information to ensure delivery of residential aged care that meets the requirements of the Aged Care Act 1997.

Social justice and the study and practice of leadership in education : a feminist history

This historical sociology deconstructs the interrelationship between the theory and practice of the troublesome notions of leadership, social justice and feminism. First, it tracks marginalised groups' relationship to the field of educational administration and their claims upon the state. Mainstream approaches have been informed by theories, practices and politics that do not focus on the core educational work of teaching and learning, therefore sidelining social justice issues. Second, it maps feminist and critical theorists' alternative conceptualisations, for example, of democratic leadership, which dissolve artificial binaries between formal and informal leadership. Finally, it considers what this means for re-theorising leadership for social justice.

Integrating the conceptual and practice worlds : a case study from Architecture

A compelling challenge for tertiary educators is to respond meaningfully to pressures to provide curricula that translate readily into realworld professional experience. To explore the synergies of an integration of the conceptual and practice worlds, this paper draws on a program, which the author evaluated, that was part of a Committee for University Teaching and Staff Development funded project for students of architecture and construction. The aspect discussed here, Composing Architecture—The Music Room, involved 74 second year students at Deakin University in semester 2, 2001. The case study is used as an illustration of curriculum design, including assessment, to explore how it met the aims of creating learning experiences that were purposeful, rich in their complexity, and mirrored the demands of the profession in a supportive environment that fostered development. One of the major aims was to model professional practice within the academy—in a sense, to enter into a dialogue between the academy and the profession—with the quality of that dialogue being determined by the accuracy or authenticity of the modelling. With this focus, having articulated and discussed the stated educational challenge that this project was intended to meet, the paper tests this against the attributes of authenticity in the environment of education as delineated by Martin-Kniep (2000) and, in so doing, questions some of her claims. Although some theorists (eg, Petraglia, 1998) contend that to prescribe what counts for authenticity is impossible, it is hoped that some insights into linking the academy and the profession will be gained.