RE Kevin and the right of transsexual persons to marry in Australia

This article considers the decision of the Family Court of Australia in Re Kevin (Validity of Marriage of a Transsexual) [2001] FamCA 1074, which was upheld by the Full Court of the Family Court of Australia in February 2003. Re Kevin was the first case in Australia to deal directly with the question of whether a transsexual person could marry under Australian law. In the past, Australia had adhered to the judgement of Ormrod J in Corbett v Corbett [1971] P. 83, which set the benchmark for what is ‘male’ and what is ‘female’ under the common law. Prior to Re Kevin the question of what is a man and what is a woman for the purposes of marriage in Australia mirrored the strict biological test established in Corbett. In other words, the Australian courts relied upon biological factors, as espoused by Ormrod J, when determining a person's true sex. In Re Kevin, Chisholm J examined in detail what it is to be a man or woman, but unlike Ormrod J considered ‘brain sex’ to have a significant impact on a person's view of their own innate sexual identity. The Full Court of the Family Court agreed with the powerful and well-reasoned judgement of Chisholm J at first instance.

Challenges in translating scientific evidence into mandatory food fortification policy: an antipodean case study of the folate- neural tube defect relationship

Objective: To identify challenges in translating scientific evidence of a  nutrient and health relationship into mandatory food fortification policy.
Design: A case study approach was used in which available evidence  associated with the folate–neural tube defect relationship was reviewed against the Australia New Zealand Food Regulation Ministerial Council's Policy Guideline for mandatory food fortification. Results: Three particular challenges were identified. The first is knowing when and how to act in the face of scientific uncertainty. The second is knowing how to address the special needs of at-risk individuals without compromising the health and safety of the population as a whole. The third is to ensure that a policy is sufficiently monitored and evaluated. Conclusions: Despite the availability of compelling evidence of a relationship between a particular nutrient and a health outcome, a definitive policy response may not be apparent.  Judgement and interpretation inevitably play significant roles in influencing whether and how authorities translate scientific evidence into mandatory food fortification policy. In relation to the case study, it would be prudent to undertake a risk–benefit analysis of policy alternatives and to implement nutrition education activities to promote folic acid supplement use among the target group. Should mandatory folate fortification be implemented,  comprehensive monitoring and evaluation of this policy will be essential to know that it is implemented as planned and does more good than harm. In relation to mandatory food fortification policy-making around the world,  ongoing national nutrition surveys are required to complement national policy guidelines.

Strange reading: Keith Windschuttle on race, Asia and White Australia

In his recently published book, The White Australia Policy, Keith Windschuttle accuses academic historians of errors of fact and judgement in their accounts of white Australia. This article examines these claims of exaggeration and distortion with particular reference to the nature and meaning of race, racism and representations of Asia in Australian history. The article rejects Winschuttle's sweeping claim that academic historians have sought to make Australia appear a much more racist society than the historical record would suggest.

Who's afraid of the big bad fish? Rethinking what the law wishes to have

This article aims to re-evaluate the contribution of Stanley Fish to legal studies. In  "The Law  Wishes to Have a Formal existence", Fish accused the law of maintaining a formal,  positivistic self-image as principled; an activity rhat rises above processes of interpretation and of moral judgement. For this `antiformalist‘ Fish there is thus a false sense of self-sufficent closure to the law's discourse. More recently however: in discussing the practice of another profession (namely literary criticism) Fish demonstrates that the basis of aclivity per se is internal intelligibility - that is intelligibility  within a defined community. These apparent  inconsistencies are explored. Re-reading `The Law Wishes to Have a Formal Existence' one can discern errors in Fish's account of a key case and one can also find support for the  professionalism position that he subsequently articulates. It is therefore argued that  Fish's account of the general characteristics of professional practice, including legal, are of value. The implications of his account of professionalism in the law are, however, incompatible with the usual understanding of his more combative statements about the role of formal language and principle-based argument of the law.

Separation of conjoined twins: experiences of perioperative nurses and their recommendations

Background: Within an 8-month period, an unprecedented and historical first in Queensland, Australia, the perioperative nurses were members of teams involved in the surgical separation of two sets of conjoined twins. Little is known about the (dis)stress that some of these perioperative nurses experienced nor how best to support them during such experiences.

Aim: The aim of this paper is to report on the qualitiative study that explored the experiences of those perioperative nurses involved in the surgical separation of cojoined twins and from their stories propose recommendations to support perioperative nurses who are confronted with such workplace experiences.

Methods: Using a narrative methodology, nine perioperative nurses shared their stories of being involved in the surgical separation of conjoined twins in Australia. Narrative and thematic analyses were conducted and recommendations to support perioperative nurses through workplace (dis)stress were identified. Participants validated the findings and recommendations.

Findings: The analyses revealed the themes of professionalism, teamwork, 'them vs. us' and emotional loads.

Discussion: The sensationalism around the rarity of conjoined twins brought an intensive intrusiveness from the world media. As a result, secrecy within the hospital about the conjoined twin cases created divisions between those perioperative nurses on the teams and those not. The processes and outcomes of the two surgical cases were in contrast to each other. For some perioperative nurses this caused distress. It is essential that professional support is offered in a way in which the perioperative nurse can take it up without fear of negative judgement.

Training packages and the AQTF: freedom to move or components of a compliance-driven straightjacket?

This paper reports on a PhD research project being undertaken through the Faculty of Education, Deakin University. Training Packages and the Australian Quality Training Framework (AQTF) form part of the ruling relations of VET, but how do they operate in practice? Do they provide frameworks within which training professionals are free to use judgement and respond in innovative ways to local learning and assessment contexts? Do they impose rigid 'guidelines' within which the decision-making authority of practitioners over appropriate practices is displaced by that of auditors, constraining creativity and creating pressures towards conformity? Or does their impact vary, depending on how they are interpreted and who is doing the interpreting? My PhD research explores issues relating to the use of Training Packages in workbased learning. Interview data suggests that, in practice, different training organisations respond very differently to a regulatory framework that aims to achieve national consistency. Some practitioners describe working in a compliance-driven environment, in which their ability to meet the needs of learners is stifled by standardised training and assessment practices imposed by Training Packages and the AQTF. This view is reflected in phrases such as 'you're not allowed to…', and 'you always feel uneasy because you've got AQTF compliance, inspections, auditors'. In contrast, other practitioners talk about having freedom to design learning and assessment programs for their particular target group and context, providing they stay within broad guidelines that guarantee national recognition of qualifications they issue. This view is reflected in comments such as 'it just leaves it open … to be as creative and flexible as you like', and 'It just gives us freedom'. This paper explores the proposition that the impact of these abstract and generalised texts is influenced by local interpretations, and it considers the role that organisational culture plays in determining these interpretations.

Decision-making models used by `graduate nurses` managing patients` medications

Background. Nurses in a graduate programme in Australia are those who are in the first year of clinical practice following completion of a 3-year undergraduate nursing degree. When working in an acute care setting, they need to make complex and ever-changing decisions about patients' medications in a clinical environment affected by multifaceted, contextual issues. It is important that comprehensive information about graduate nurses' decision-making processes and the contextual influences affecting these processes are obtained in order to prepare them to meet patients' needs.
Aim. The purpose of this paper is to report a study that sought to answer the following questions: What are the barriers that impede graduate nurses' clinical judgement in their medication management activities? How do contextual issues impact on graduate nurses' medication management activities? The decision-making models considered were: hypothetico-deductive reasoning, pattern recognition and intuition.
Methods. Twelve graduate nurses who were involved in direct patient care in medical and surgical wards of a metropolitan teaching hospital located in Melbourne, Australia participated in the study. Participant observations were conducted with the graduate nurses during a 2-hour period during the times when medications were being administered to patients. Graduate nurses were also interviewed to elicit further information about how they made decisions about patients' medications.
Results. The most common model used was hypothetico-deductive reasoning, followed by pattern recognition and then intuition. The study showed that graduate nurses had a good understanding of how physical assessment affected whether medications should be administered or not. When negotiating treatment options, graduate nurses readily consulted with more experienced nursing colleagues and doctors.
Study limitations. It is possible that graduate nurses demonstrated a raised awareness of managing patients' medications as a consequence of being observed.
Conclusions. The complexity of the clinical practice setting means that graduate nurses need to adapt rapidly to make sound and appropriate decisions about patient care.

Trialing new assessment tools to identify women at risk of PND

Objectives: The objectives of this study were to trial the Postpartum Depression Predictors Inventory (PDPI) as a checklist to assist nurses in identifying women at risk of postnatal depression at 28 weeks of pregnancy, with repeated assessment at 6-8 weeks postpartum.

Methods: A prospective cohort design was used to include a population of women >20 years of age who were attending an antenatal clinic at a Victorian regional hospital. All women who attended the clinic for their 28 week visit were invited to participate over an 8-week period. Five data collection measures were included, two in the antenatal period and three at 6-8 weeks postpartum. Based on nurse consultation at both times, clinical judgement, and use of the PDPI, nurses recorded three outcomes: no identifiable risk, non-directive counselling or referral to a psychiatric nurse. The Postpartum Depression Screening Scale (PDSS), Edinburgh Postnatal Depression Scale (EPDS) and Kanzas Marital Satisfaction Scales were used at 6-8 weeks postpartum to assess depression and marital satisfaction.

Results: 107 women were recruited in the antenatal period with 84 being followed up 8 weeks postpartum. Information will be presented on the proportion of women who were found to be depressed at both data collection periods, the intervention outcomes as determined by nurses. The use of the PDPI and PDSS as tools to assist nurses in identifying women at risk of postnatal depression will be discussed.

Conclusion: The PDPI is a useful checklist to identify women at risk of postnatal depression. The PDSS and the EPDS identified a similar number of women, although the PDSS is a much longer and more intensive scale.

Catholic books : catholic minds

Graham Greene is perhaps one of the first novelists that springs to a contemporary mind when Catholic writing and literature is mentioned. A convert to Catholicism, he, like many converts before him including John Henry Cardinal Newman (one of the most famous converts of them all) discovered that writing as a Catholic attracted attentions they had never received before conversion. For years Newman was under a Vatican cloud for some of his writing, and Greene was at the height of his international fame when his highly acclaimed novel The Power and the Glory received a ‘negative judgement’ from the Holy Office (despite Cardinal Montini, later Pope Paul VI, as the Vatican’s pro-Secretary of State for Ordinary Affairs intervening on Greene’s behalf at the time).

Message framing : keeping practitioners in the picture

Purpose – The purpose of this paper is to explore how message framing is commonly used by magazine advertisers.

Design/methodology/approach – Following the classification suggested by Levin et al., the frequency and nature of message framing in magazine advertising is explored using a content analysis of 2,864 advertisements in a sample of popular US magazines.

Findings – Results suggest a lack of consistency between marketing practice and academic findings. Contrary to academic recommendations, advertisers used positive framing in almost all advertising messages. Further, the use of attribute framing and combined attribute and goal framing was more popular than pure goal framing

Research limitations/implications – Although the findings are limited by a judgement sample of US magazines, they do suggest the need for academics to conduct more research on the effectiveness of combined attribute and goal framing techniques.

Practical implications – Of equal importance is the need for practitioners to explore the potentiality of negative framing in their advertising content.

Originality/value – Adopting the Levin et al.'s typology, this paper highlights the need for advertising researchers to engage with practitioners to try to understand current industry practice with regard to message framing. The inconsistencies revealed in this paper point to either an insufficient understanding of message framing by one or both parties or the need for better communication between the two.

Priming vs. rhyming : orthographic and phonological representations in the left and right hemispheres

The right cerebral hemisphere has long been argued to lack phonological processing capacity. Recently, however, a sex difference in the cortical representation of phonology has been proposed, suggesting discrete left hemisphere lateralization in males and more distributed, bilateral representation of function in females. To evaluate this hypothesis and shed light on sex differences in the phonological processing capabilities of the left and right hemispheres, we conducted two experiments. Experiment 1 assessed phonological activation implicitly (masked homophone priming), testing 52 (M = 25, F = 27; mean age 19.23 years, SD 1.64 years) strongly right-handed participants. Experiment 2 subsequently assessed the explicit recruitment of phonology (rhyme judgement), testing 50 (M = 25, F = 25; mean age 19.67 years, SD 2.05 years) strongly right-handed participants. In both experiments the orthographic overlap between stimulus pairs was strictly controlled using DICE [Brew, C., & McKelvie, D. (1996). Word-pair extraction for lexicography. In K. Oflazer & H. Somers (Eds.), Proceedings of the second international conference on new methods in language processing (pp. 45–55). Ankara: VCH], such that pairs shared (a) high orthographic and phonological similarity (e.g., not–KNOT); (b) high orthographic and low phonological similarity (e.g., pint–HINT); (c) low orthographic and high phonological similarity (e.g., use–EWES); or (d) low orthographic and low phonological similarity (e.g., kind–DONE). As anticipated, high orthographic similarity facilitated both left and right hemisphere performance, whereas the left hemisphere showed greater facility when phonological similarity was high. This difference in hemispheric processing of phonological representations was especially pronounced in males, whereas female performance was far less sensitive to visual field of presentation across both implicit and explicit phonological tasks. As such, the findings offer behavioural evidence indicating that though both hemispheres are capable of orthographic analysis, phonological processing is discretely lateralised to the left hemisphere in males, but available in both the left and right hemisphere in females.

Chronic mental stress is a cause of essential hypertension : presence of biological markers of stress

1. In searching for biological evidence that essential hypertension is caused by chronic mental stress, a disputed proposition, parallels are noted with panic disorder, which provides an explicit clinical model of recurring stress responses.
2. There is clinical comorbidity; panic disorder prevalence is increased threefold in essential hypertension. Plasma cortisol is elevated in both.
3. In panic disorder and essential hypertension, but not in health, single sympathetic nerve fibres commonly fire repeatedly within an individual cardiac cycle; this appears to be a signature of stress exposure. For both conditions, adrenaline cotransmission is present in sympathetic nerves.
4. Tissue nerve growth factor is increased in both (nerve growth factor is a stress reactant). There is induction of the adrenaline synthesizing enzyme, phenylethanolamine-N-methyltransferase, in sympathetic nerves, an explicit indicator of mental stress exposure.
5. The question of whether chronic mental stress causes high blood pressure, still hotly debated, has been reviewed by an Australian Government body, the Specialist Medical Review Council. Despite the challenging medicolegal implications, the Council determined that stress is one proven cause of hypertension, this ruling being published in the 27 March 2002 Australian Government Gazette. This judgement was reached after consideration of the epidemiological evidence, but in particular after review of the specific elements of the neural pathophysiology of essential hypertension, described above.

Value perception in music information systems

When referring to the value that IS adds to business and provides to consumers, we often (implicitly or explicitly) pertain to monetary value. However, perspectives exist regarding the notion of value which go beyond the monetary significance and maintain a direct influence on businesses and their performance. This paper explores the concept of value, its importance in IS, and the importance of understanding of how IS stakeholders perceive value. The paper focuses on the challenge of studying value in IS -although value manifests in properties of an information system, it can only be experienced and perceived subjectively through sense perception, experience and judgement of the system stakeholders. To address this challenge, the paper suggests the existence of a clearly shifting trend in the perception of IS technology and comments on the social impacts of end-users (consumers) being absorbed into the value-creation process for an information system in the music industry.

The hybrid stranger and cosmopolitan self

The paper critically identifies and examines the affinities between the category of the stranger & the cosmopolitan attitude/disposition that underlies recent theories of cosmopolitanism. I argue that the cosmopolitan attitude can be located within the sociological discourse of the stranger. Thus one needs to reconceptualise the cosmopolitan self in terms of the cosmopolitan stranger.

This new subject develops a more perceptive, broader and keener insight of the social world that is not available than those confined to a universalistic or particularistic perspective. The final part of the paper challenges this assertion through a critical assessment of the socalled in-between position occupied by the cosmopolitan stranger.

Height and construction costs of residential buildings in Hong Kong and Shanghai

A widely recognised theme of construction economics suggests that the cost of construction per square metre increases as building height rises. However, after many years, research conducted regarding the height and cost issue have established a classic relationship between those two, well known as a U-shaped curve. This paper describes the study of height-cost relationship of high-rise residential buildings in Shanghai and Hong Kong. Initial findings indicated that the curved relationships of height-cost of residential buildings in Shanghai and Hong Kong exhibit different profiles. The differences suggest that, Hong Kong contractors have more expertise in multi-storey and high-rise construction than contractors in Shanghai. The dissimilarities also imply that different sets of criteria should be applied in the judgement of height affects cost in different locations. Many factors could be contributors, such as the history and experience in constructing residential high-rise buildings, location, linkage and relationships to the neighbourhood provinces, design and construction regulations, and government policy on residential construction.