115 resultados para extent to which court should exercise discretion


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This article traces two chronologies of gender inclusive policy development in Australia's national and state education policy arenas to demonstrate, from a feminist perspective, their limited applicability at the school level. Although gender inclusive principles are seen as desirable, inadequate policy conceptualizations are viewed as limited in the extent to which gender inclusiveness can be realized in schools. In particular, it is argued that more transformative conceptions of gender inclusiveness evident in the feminist academy should be promoted in policy.

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This article examines how early childhood staff in diverse circumstances negotiate relationships with parents. It draws on interviews with staff in two rural and three urban communities in Australia, who were asked about their parent communication practices, their experiences of these practices, and their preferences within these practices. Their responses were analysed in the light of international research showing the importance of creating strong interpretive communities between staff and parents but consistent staff anxiety about their relationships with parents. The paper explores the extent to which staff's different approaches to communicating with parents can create sustainable interpretive communities between them, and it highlights some implications for staff training and development around parent involvement.

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This study was designed to examine the factors predicting a range of body change strategies among adolescent males over an 8-month time period. This is the first published longitudinal study of body change strategies to increase weight and muscles among males. The 5 body change strategies in the present study were eating and exercise to lose weight, increase weight, increase muscles, bingeing, and use of food supplements. The extent to which Body Mass Index (BMI) and these body change strategies predicted each other over an 8-month period was evaluated. The role of pressure from parents and peers to lose weight, increase weight, or increase muscles was also evaluated. After controlling for the Time 1 level of each variable, only bingeing, and use of food supplements were predicted by other Time 1 body change variables. Bingeing at Time 1, and a combination of all of the other variables predicted bingeing at Time 2; use of food supplements and bingeing at Time 1 predicted the use of food supplements at Time 2. Perceived pressure from parents and peers to lose weight at Time 1 predicted strategies to lose weight at Time 2; perceived pressure from parents and peers to increase weight at Time 1 predicted strategies to increase weight at Time 2; and perceived pressure to lose weight, increase weight, and increase muscles at Time 1 predicted the use of food supplements at Time 2. These results indicate that extreme body change strategies are predicted by the adoption of more normative body change strategies at an earlier point in time, and that a range of body change strategies among adolescent males are affected by perceived pressures from parents and peers.

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Two recent reviews of Part IV of the Trade Practices Act (Commonwealth) (1974) have looked specifically at the operation of Section 46 of this Act and have come to very different conclusions concerning its efficacy. The Dawson review (2003) argued that no change to S 46 was required as the courts were providing sufficient guidance in the application of the legislation in this respect. The Senate Committee review (2004) came to different conclusions arguing that the Act needed clarification in regard to certain sections. These reports highlight the controversy that has surrounded this section of the Trade Practices Act for the past thirty years. The aim of this paper is to consider these reviews and evaluate the extent to which the High Court has been able to provide guidance in the application of legislation that prohibits the misuse of market power.

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Despite the continuing need for an empirically validated classification of marketing positions, for theoretical and practical purposes, it appears that no such schema exists. This study contributes to the development of such a taxonomy through an empirical examination of marketing positions. Specifically, the research extends an existing taxonomy by empirically investigating personal selling marketing activities. Based on the taxonomy developed by Darmon (1998), data were collected about the information load, information complexity, and time and relationship management activities of marketers. Various analytical techniques were used to investigate specific features of the instrument and the taxonomy, as well as to provide convergence for the conclusions drawn by the researchers. It was established that sales positions can be more meaningfully identified, and, therefore, better categorised, by six dimensions than by job title or job role. Further, it appears that marketers in the same selling position vary significantly on these dimensions. These findings have important implications for marketing theory, applied research and management. However, future research should refine the instrument used in this study, since some anomalies emerged in the findings, and extend the study by investigating a wider range of marketing positions. Such research may also explore whether the dimensions identified in this study influence the performance and job satisfaction of marketers, and the extent to which marketing managers account for these variations.

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Whilst there has been some research into the application of agile approaches to the world of software maintenance, in this paper it is argued that there has not been a coherent investiga-tion that focuses on the collection and analysis of the views and perceptions of agile software maintenance approaches held by experienced software maintenance professionals. In this paper, we report such an exploratory investigation, which has seeded the development of a simple framework for classifying collected views and perceptions. Specifically, a matrix framework has been introduced, to facilitate comparison of the levels of understanding of the issues affecting an agile adoption decision, and the extent to which an agile approach has been implemented. Examples of organizations operating in all four cells of this matrix have been presented.

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In Australasia (Australia and New Zealand) the use of health impact assessment (HIA) as a tool for improved policy development is comparatively new. The public health workforce do not routinely assess the potential health and equity impacts of proposed policies or programs. The Australasian Collaboration for Health Equity Impact Assessment was funded to develop a strategic framework for equity-focused HIA (EFHIA) with the intent of strengthening the ways in which equity is addressed in each step of HIA. The collaboration developed a draft framework for EFHIA that mirrored, but modified the commonly accepted steps of HIA; tested the draft framework in six different health service delivery settings; analysed the feedback about application of the draft EFHIA framework and modified it accordingly. The strategic framework shows promise in providing a systematic process for identifying potential differential health impacts and assessing the extent to which these are avoidable and unfair. This paper presents the EFHIA framework and discusses some of the issues that arose in the case study sites undertaking equity-focused HIA.

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This article reports on research undertaken with members of a Melbourne urban community garden to explore the extent to which such a natural amenity provides opportunities for enhancing social capital. It is apparent even from this small qualitative study that membership of 'Dig In' community garden offers many benefits to its members. These benefits include increased social cohesion (the sharing of values enabling identification of common aims and the sharing of codes of behaviour governing relationships), social support (having people to turn to in times of crisis) and social connections (the development of social bonds and networks). However, the study indicates that, at least in the early stages of development, such benefits do not necessarily extend beyond the garden setting. This raises a question about the time required to develop high levels of social capital, and points to the need for further research into 'time' and 'space' aspects of community gardens.

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Growth in the number of international students studying in English language countries has slowed in recent years and this development has generated extended debate amongst university managers and policy makers. In these discussions much attention has focussed on whether the slow down is to be explained by currency realignments, visa requirements, the quality of education, or the increasing competitiveness of the international education market. But what has attracted little attention is the fact that when parents and students choose in which country they will purchase a foreign education their choice is commonly influenced by the level of security that is perceived to characterise the range of options. What security means can take many forms and in this paper we focus on income security. Drawing on interview data from 9 Australian universities, we clarify the sources of international student income, the extent to which these students experience income security/insecurity, how they cope with income difficulties and/or ensure finances do not become a serious problem, and whether the nature of the information provided by governments and universities helps explain the extent of income insecurity manifest amongst international students in Australia. We argue that a significant proportion of international students studying in Australia do experience income insecurity and suggest that for both moral and economic reasons the government and the university sector should pay increased attention to this aspect of student need.

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One of the classic debates in corporate law relates to whether the rules of corporate law are ar should be 'mandatory', in that companies must comply, or 'enabling' - meaning a set of default rules which companies have the choice of adopting or 'opting out' of through alternative contractual arrangements. The so-called 'mandatory/enabling' debate has been especially prominent in the United States fro numerous reasons, yet has also received some attention in Australia. That said, the extent to which companies can 'opt out' of corporate law has rarely been considered as a practical issue in Australia - particularly whether Australian companies can 'opt out' of provisions under the Corporations Act ("the Act"). However, just recently, two high-profile events in Australia have made 'opting out' of corporate law a relevant issue, especially the question of whether companies are free to 'opt out' of provisions of the Corporations Act  which provide express governance rights to shareholders. These events were Boral's constitutional amendment in 2003 to restrict the ability of shreholders to propose amendments to the company's constitution, and the contemplation and introduction of so-called 'pre-nuptial' agreements- designed to by-pass the right of shreholders to vote on removing directors in public companies. In the light of these two recent events, in this article the authors revisit the mandatory/enabling debate. However, rather than going over old ground as to whether a mandatory or enabling approach to corporate regulation is desirable, the authors approach the issue from a fresh perspective: that Australian Securitiesand Investments Commission's ("ASIC") existing relief powers under the Act should be extended to provide a means for companies to opt out of provisions containing shareholder governance rights.

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Aims & rationale/Objectives : This paper examines the extent to which different models of community pharmacist continuing education (CE) are evidence-based. It also describes the impact of varying education models on attendance and attitudes within the profession.

Methods : A literature review was conducted to establish principles that should be applied to health professional education, and pharmacy in particular. Interviews were conducted with representatives from four organisations involved in the education of pharmacists to understand their current models. Four focus groups were held with community pharmacists to understand their educational experiences and attitudes.

Principal findings : The purpose of CE is to improve the clinical performance of health practitioners. Literature examining outcomes from CE underlines the importance of adult learning principles. Focus groups supported the view that consideration of these principles is beneficial. These principles, including problem-based learning, clinical applicability, relevance, and active involvement in the learning process, are currently incorporated into educational models to varying extents. Access problems such as cost, distance, insufficient flexibility in delivery, and poor promotion of educational opportunities prevent many pharmacists from taking responsibility for their own learning. A lack of appropriate assessment by some registering authorities is counterproductive to achieving CE outcomes in clinical practice. Participants already engaged in continuing professional development (CPD) agreed with the principles of its introduction.

Discussion : Optimising outcomes from CE requires considerable input from numerous stakeholders. The recent introduction of mandatory pharmacist CPD across Australia should encourage an individual focus on learning outcomes. Focus group participants are likely to be education enthusiasts and may not represent the views of the entire profession.

Implications : This study identifies the need for a system-wide approach for achieving outcomes from CE. It is therefore advisable that a coordinated strategy be developed by all stakeholders for education delivery so as to optimise the impact of CE.

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Conflict over the appropriate uses and management of public land have been a feature of the Australian political landscape for at least the past 30 years. While various attempts have been made to establish land use assessment and planning institutions in various jurisdictions, the success of these often short lived attempts at institutional approaches for managing land use conflict have been patchy at best. The experience in the State of Victoria has been somewhat different, with public land use assessment and planning having been informed by a series of independent statutory bodies since 1970 (the Land Conservation, Environment Conservation, and Victorian Environmental Assessment Councils). To some degree at least the value of this approach is indicated by the extent to which Victoria’s bioregions are now protected in conservation reserves. However, while there has always been a statutory body in operation, the roles and responsibilities of these bodies have been subject to significant legislative change, with existing bodies replaced by new bodies in 1997 and 2001. Justifications for these reforms included changing circumstances and new understandings about environmental management, as well as changing views about public administration. As a way of contributing to enhancing the design of institutions for mediating land use conflict and contributing to sustainable land use and management, this paper investigates the lessons that can be learnt from the Victorian experience by examining the implications of the changing roles and responsibilities of these institutions, and then discussing possible future directions for strategic land use planning.

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This chapter analyses local government’s response to the pressure to modernise its structures through its use of Information Communication Technologies (ICT) to execute its broad range of tasks. The chapter begins by discussing Chadwick and May’s (2003) three basic models of e-government; managerial, consultative and participatory. Using data collected from an analysis of 658 local government websites in Australia together with existing survey research the chapter then analyses the extent to which local government sites fit into the three models. The chapter concludes with a discussion of the issues and problems faced by local government in its attempt to develop e-governance as both an extension of administrative as well as democratic functions.

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Objective: To examine socio-demographic and psychosocial moderators, and self-efficacy as a mediator of the cross-sectional relationships between having access to recreational facilities and leisure-time physical activity (LTPA); to investigate the extent to which the environment-LTPA associations could be explained by self-selection to neighborhoods.

Design: A two-stage stratified sampling design was used to recruit 2,650 adults (aged 20-65) from 32 urban communities varying in walkability and socioeconomic status. Participants reported perceived access to facilities and home equipment for LTPA, weekly minutes of LTPA, self-efficacy for and enjoyment of LTPA, reasons for neighborhood selection, and socio-demographic characteristics.

Main Outcome Measures:
Self-reported recreational walking and other forms of moderate-to-vigorous LTPA expressed in MET-minutes.

Results: Specific types of recreational facilities were independently  associated with LTPA. Age, education, being overweight/ obese, reasons for neighborhood selection, enjoyment of, and self-efficacy for LTPA moderated these relationships. Self-efficacy was not a significant mediator of these cross-sectional associations.

Conclusion:
These findings have potentially significant implications for the planning of environmental interventions aimed at increasing population-level LTPA particularly in those who are less attitudinally inclined to being physically active.

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A set of seven principles (the ‘Sydney Principles’) was developed by an International Obesity Taskforce (IOTF) Working Group to guide action on changing food and beverage marketing practices that target children. The aim of the present communication is to present the Sydney Principles and report on feedback received from a global consultation (November 2006 to April 2007) on the Principles.

The Principles state that actions to reduce marketing to children should: (i) support the rights of children; (ii) afford substantial protection to children; (iii) be statutory in nature; (iv) take a wide definition of commercial promotions; (v) guarantee commercial-free childhood settings; (vi) include cross-border media; and (vii) be evaluated, monitored and enforced.

The draft principles were widely disseminated and 220 responses were received from professional and scientific associations, consumer bodies, industry bodies, health professionals and others. There was virtually universal agreement on the need to have a set of principles to guide action in this contentious area of marketing to children. Apart from industry opposition to the third principle calling for a statutory approach and several comments about the implementation challenges, there was strong support for each of the Sydney Principles. Feedback on two specific issues of contention related to the age range to which restrictions should apply (most nominating age 16 or 18 years) and the types of products to be included (31 % nominating all products, 24 % all food and beverages, and 45 % energy-dense, nutrient-poor foods and beverages).

The Sydney Principles, which took a children’s rights-based approach, should be used to benchmark action to reduce marketing to children. The age definition for a child and the types of products which should have marketing restrictions may better suit a risk-based approach at this stage. The Sydney Principles should guide the formation of an International Code on Food and Beverage Marketing to Children.