But for the barriers: significant extensions to children's capacity

This article focuses on children’s capacity to exercise legal rights. It is argued that, undisturbed by the High Court’s subsequent decision, the Family Court in B & B & Minister for Immigration and Multicultural & Indigenous Affairs [2003] Fam CA has found that a child’s capacity is qualified only by contingent factors. This represents a significant development of the prevailing Gillick approach for the determination of the competence of children and young people. Where the Gillick approach requires a positive inquiry as to whether the actual maturity level of an
individual child or young person is adequate relative to the question at issue, the new approach focuses on barriers to justice encountered by the child. At least in relation to some matters, capacity is presupposed.

To keep me safe from harm? Transgender prisoners and the experience of imprisonment

The experience of imprisonment for a transgender person is often a terrifying one. He or she is extremely vulnerable in such an environment from sexual violence from other prisoners. In addition, he or she may be exposed to inadequate or inappropriate medical care. Consequently transgender prisoners are often denied the protection offered by role of law. A significant reason for this treatment is the erasure of the transgender experience in informing the nature of the prison regime. In particular, the failure to give sufficient weight to gender self identification by transgender prisoners exposes them to risks which other prisoners do not have to endure. It is suggested that the only way to reduce such harm is through the cultivation of a prison regime based upon the lives of transgender prisoners.

A theoretical discussion of the impact of stigma on psychological adjustment to having a sexually transmissible infection

This paper provides a discussion of the utility of stigma theory as a conceptual framework for the interpretation and analysis of the psychological impact of contracting a sexually transmissible infection (STI). Most particularly, it focuses on those viral infections that cannot be medically cured, such as genital herpes and genital human papilloma virus. Recent research in the area of STIs suggests that the stigma associated with these conditions can hinder psychosocial and sexual adjustment post-diagnosis, and provides support for the use of stigma theory as a conceptual framework with which to analyse these experiences. This paper defines the concept of stigma and presents a theoretical overview of the process of stigmatisation. Three dimensions of stigma relevant to the experience of having a STI are then presented: the degree of concealability of the condition including the social consequences of concealing a condition; the origin of the condition; and the degree of peril presented by the condition. An overview of the way in which the presence of a stigmatising condition such as a STI may affect a person’s feelings of self and his/her intimate relationships is then presented. Finally, the implications of stigma theory as a conceptual framework for guiding future research in the area of personal and interpersonal reactions to STIs is discussed.

Time to curtail summary dismissal in Australia

It is assumed that the right to summarily dismiss an employee for certain forms of misconduct is a fundamental legal right reposed in employers. It is argued that the scope of this right in Australia is too expansive and should be significantly curtailed. In its current form, the right to summarily dismiss employees offends several widely accepted legal and normative maxims and is incompatible with several behavioural norms. While this paper focuses on Australian summary dismissal law, the doctrinal analysis and the reform suggestions advanced in this paper are of relevance to all market economy jurisdictions. Studies of human well-being show that employment, independent of its wealth-creating aspect, is important to well-being. Matters that are central to a person's well-being should not be taken away readily. This moral prescription is given legal recognition by the legal principle of proportionality, which prescribes that there should be proportion between the punishment and harm caused by the wrongdoing. Moreover, it is not the case that a single impertinent act is defining of a person's character or necessarily evinces a predisposition to behave in a like manner in the future.

Preventive detention and the right to personal liberty and security under Article 5 ECHR

'Preventive detention' refers to detention by executive order as a  precautionary measure based on predicted criminal conduct. Detention is without criminal charge or trial as detention is based on the prediction of a future offence. This paper examines Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ('ECHR'), in particular Article 5(1)(c) and Article 5(3). To explore this issue, this paper conducts a textual analysis of Article 5 and examines both the travaux preacuteparatoires of the ECHR, as well as jurisprudence of the European Court of Human Rights. This article argues that preventive detention is specifically provided for under the second ground of detention in Article 5(1)(c). A person in preventive detention, however, must be brought promptly before judicial authority under Article 5(3).

Person-organization congruence of high performance values in Australian universities

This study explores the applicability of the personal and organizational value clusters identified by Abbott, White & Charles, (2005) employing the McDonald & Gandz (1991) list of values to university settings. It examines the personal values of business students in two universities, their perception ofthe organizational values important to their university, and measures the extent to which the personal and organizational values are consistent with 'High Performance Work Systems '. Results provide support for individual and organizational values factors similar to those found by Finegan, (2000) and Abbott et al. (2005) and consistent with Schwartz s (1992) an-cultural values hierarchy. While usiness/commerce students rated their personal values as consistent with HPWS and the major pan-cultural values, this did not match their perception of the organizations' values. The implications of personal-organizational value incongruence on motivation, satisfaction, organizational commitment and effectiveness are discussed.

Statutory injunction - call for amendment to s 1324 of the Corporations Act

It is well documented that s 1324 is a useful tool for restraining a person from engaging in conduct that contravenes the Corporations Act 2001 (Cth). Without examining the provision, one tends to agree with that statement. In practice, however, the provision does not often provide the outcome that is expected. The author argues that the lack of use of s 1324 is due to the uncertainty and ambiguity in the application of the provision. Unlike with ASIC, the test that a person must satisfy when applying for an injunction is not clear cut. Whether damages could be claimed under s 1324 in place of an injunction is also unclear. The article sets out to argue that some integration with the equitable principles is vital for the survival of s 1324, as injunctions are traditionally a remedy conferred in equity and the Parliament has adopted the concept.

Dialysis-dependency: the reformulated or remnant person

Being dependent on dialysis is a potentially overwhelming experience where life as previously known is permanently altered. A dialysis-dependent individual may reformulate their identify or perceive that they are a remnant if their former self. This paper will explore and expand Morse and Penrod's (1999) model as a useful way to understand how a person might reconstruct their identify. Grounded in a narrative methodology, interviews if those on haemodialysis and peritoneal dialysis were thematically analysed. It was found that dialysis dependency brings an acknowledgment if a lost past, an inescapable present and an unknowable future, filtered through hope and despair. Nurses need to understand the suffering, wrought by such a struggle,to facilitate the positive re-envisioning if those who are dialysis dependent.

Representing the mind: adult talk to speech-delayed preschoolers

There is evidence from a range of studies that adult input influences a young child's language development Of interest is how adult input contributes to emotional and cognitive understandings. Children with special needs in mainstream schools are expected to develop social skills which entails the understanding of a situation from the perspective of other participants. The question is whether children with a speech delay hear adult language that helps them develop a theory of mind. The study of the acquisition of a theory of mind has focused on children who have been asked to carry out tasks demonstrating their understanding of what another person might be thinking. Tager-Flusberg et al. (2001) have found that children who perform better on theory of mind tasks are children who talk about thoughts and feelings. The present study looks at mental state language input provided to children that might help them learn to talk about thoughts and feelings. Activities involving children and their mothers, and activities in a preschool program were studied for cognitive and emotional content in the adult input. The input provided to normally developing children would be more supportive of the development of their talk about thoughts and feelings.

Impetus to explore: approaching operational deficiency optimistically

‘Impetus to explore’ is studied through post-lesson video-stimulated student interviews. This impetus focuses ‘spontaneous’ decisions to explore unfamiliar mathematics. Uncertainty, quests for elegance and curiosity have been found to contribute to this impetus. This study identified other contributing factors: inability to undertake the teacher’s task, ‘optimistic explanatory style’ (Seligman, 1995), and identifying relevant complexities (Williams, 2002). Explanatory style affects how a person perceives successes and failures. Enactment of optimism in this study illuminated its role in creating an impetus to explore. Re-conceptualising ‘operational deficiency’ (Chen & Siegler, 2000) to include absence of resources to undertake a task illuminated a task design feature that can increase exploration.

Issues in the provision of nursing care to people undergoing cardiac surgery who also have type 2 diabetes

There has been little investigation of the issues associated with caring for patients presenting for cardiac surgery with a comorbid diagnosis of diabetes although there is some evidence that the diabetes management is suboptimal. This study aimed to identify issues that patients and cardiac specialist nurses experience with the provision of inpatient services for people undergoing cardiac surgery who also have type 2 diabetes. A qualitative interpretive design, using individual interviews with patients and nurses, provided data about some of these issues. The study found that nurses had high levels of confidence in their cardiac care but little confidence in diabetes management. Patients described concerns about their diabetes care and treatment regimens. A 'typical journey' for a person with diabetes undergoing cardiac surgery was identified. The findings support the need to build increased capacity in specialist nurses to support diabetes care as a secondary diagnosis.

Substituted consent : from lunatics to corpses

This analysis traces the origins and evolution of the doctrine of surrogate or substituted judgment, especially its application to medical treatment, including non-therapeutic sterilisation, decisions regarding life and death choices, and more recently, removal of sperm or eggs from incompetent, dying or dead males and females. It argues that the doctrine, which has been acknowledged to be a legal fiction, has an effect of devolving legal and moral responsibility for life and death choices, as well as non-consensual, non-beneficial intrusive procedures, from the competent decision-makers to the incompetent patient. It focuses on the subjective nature of the substituted judgment standard; the problematic nature of evidence propounded to establish the putative choices of the incompetent person; lack of transparency relating to the conflict of interest in the process of substituted judgment decision-making; and the absence of voluntariness, which is an essential element of a valid consent.

The shifting meaning of persecution in the Australian refugee law: How much must one suffer to be deserving of asylum?

Legislative changes to the meaning of persecution in Australia in the context of refugee law - courts' approach to what constitutes persecution in conflict with Parliament's understanding - level of harm that a person must endure in order to be eligible for refugee status - narrow definition of persecution should be adopted such that only those asylum seekers whose subsistence is imperilled should qualify as refugees.

The experiences of living with a person with an eating disorder: the impact on the carers

Using a combination of focus groups and individual in-depth interviews, the experience of living with a person with an eating disorder was explored in 24 carers. Attention was given to the progression of the disorder to understand its impact upon the family throughout the stages of the illness. Caring for a person with an eating disorder impacted upon the primary carer and the family throughout the course of the illness. Despite this, the impact on the carers was seldom acknowledged and the needs of these carers and their families were unrecognized and neglected by health professionals.

An insight into implementing person-centred active support

This paper provides reflections on the implementation of an active support staff training programme for staff working in community residential facilities for adults with an intellectual disability. Outcomes for the people with an intellectual disability were consistent with recent research findings indicating that active support can lead to improved opportunities for participation in everyday activities within the home. We propose that the success of the training programme was largely influenced by three key elements: ensuring that there is expertise in, and support for, this approach to service provision among key service managers, provision of in vivo one-to-one practical staff training in addition to classroom-based theoretical input, and inclusion of elements of person-centred planning approaches in combination with active support. Future research should focus on how best to maximise the effectiveness of active support staff training.