56 resultados para police, state, bureaucracy, legal pluralism, organisation, situation analysis


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Purpose: The purpose of the current study was two-fold: to explore police officers' perceptions of the daily challenges involved in child abuse investigation and how those challenges affect their ability to undertake child abuse investigations, and to explore how these challenges are managed on a daily basis. Design/methodology/approach: This study employed a qualitative research design. In-depth interviews were conducted with a diverse sample of 25 police officers working in child abuse units across three Australian states. Findings: Inductive thematic analysis revealed that heavy caseload and collaboration with other professional groups are two key sources of negative work stress frequently associated with child abuse investigation. Further, despite the provision of organisational strategies aimed at reducing work stress, the officers tended to rely predominantly on informal coping mechanisms.  Research limitations/implications: This study has raised many questions for further research aimed at developing interventions to assist police organisations in managing work stress. Originality/value: This paper provides an in-depth analysis of the key challenges associated with child abuse investigation and the coping mechanisms employed for overcoming these challenges from the unique perspective of police officers authorised to investigate child abuse.

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The introduction of accrual accounting principles for government reporting in recent years has been complicated by the presence of two alternative financial reporting frameworks, the Government Finance Statistics (GFS) framework and the Australian professional accounting standard rules. This paper presents the findings from a study of the 2004-05 and 2005-06 annual budgets prepared by the Australian Commonwealth government and the governments of the six Australian States and the two Australian Territories. The study examined the basis for the budget balance numbers (government surplus or deficit) headlined in the budgets of each of the nine governments over the two year period. Findings indicate the adoption of varying measurement bases and a resultant lack of inter-governmental and inter temporal comparability. A number of departures from the measurements
prescribed in the reporting frameworks were also observed.

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Taking a critical theory approach and the pluralist view of technology, this paper examines the problems in organizational communication that arose due to the implementation of a limited intranet electronic mail system as the main channel of communication between a rural stateowned organization and its city-based Head Office, installed at the sole discretion of the latter.
The intranet was provided only to the administration division and managers of some units due to financial constraints. This required others to receive information carried via the intranet through a gatekeeper who due to information and work overload, failed to disseminate the information effectively and efficiently. Using a combination of qualitative data collection methods, this study found that the intranet had marginalized those without access to it and reinforced the privileged position of those already with higher status within the organization, contrary to the utopian predictions
of new technologies as leading to social equality.

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This paper examines the literature relevant to an analysis of gender and discourse in police organisations with a view to testing it through research. Much of the literature on policing can be divided into four key topic areas: the features and construction of police culture; women’s integration into policing; organisational structures and styles of police leadership; and debates about the nature of police work. An examination of the literature has revealed a deficiency of research in discourses within policing and in particular, the impact of discourses on gender and police training. Assumptions underpinning the research project and supported by literature include: formal and informal structures and practices within organisations produce and reproduce gender relations; power, gender relations and masculinity are characteristics of police culture; discourses are products and resources of interactions which establish particular truths; and police organisations have been slow to respond to anti-discrimination legislation and to integrate women into police services. Critical to any analysis of culture, power, gender, discourses, difference, and subjectification is the dynamic and complex nature of culture. Applying Shearing’s and Ericson’s definition of culture as ‘figurative logic’ has resonance in police organisations where symbols, rhetoric and metaphors function as vehicles for discourses.

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Collectives and their interrelations are central to international law. Legal relations between collectives can be analysed with reference to the classic account of Hohfeld without reducing those collectives to mere aggregates of individuals and without recourse to the legal fiction of treating the collective, for example the state, as a quasi-individual. The rights of collectives have been widely if not conclusively explored within international law, but Hohfeld’s ‘field’ approach to legal relations enables the scrutiny of the range of relations, including immunities, liberties, powers, and disabilities, as well as claim-rights and the corresponding obligations in others. The main substantive topics for discussion are the legal relations of collective entities such as peoples and minorities, and closely related matters such as self-determination. Applying Hohfeldian analysis to international law highlights the centrality of international collective entities of which the state represents only one variety. The approach described here therefore takes account of the dethroning of the state within contemporary international law and contributes to the theorization of that development. Nearly one hundred years after its
first appearance, Hohfeld’s analytic scheme continues to generate insights for international law.

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Australian women faced the last two decades of the twentieth century, optimistic in their capacity to contribute positively to social change in the restructuring state. Encouraged by the relative euphoria of the late 1970s and early 1980s, women had a fleeting glimpse of the possibilities of woman-friendly legislation and feminist inspired government policy. What eventuated was the dismantling of supportive welfare structures, under the guise of economic rationalist state action, which undermined and eventually halted women’s economic and social advancement. This research project examines the impact of government policy on the welfare of Victorian women, through a feminist analysis of state and federal decision-making, framed in the context of case studies in the areas of employment, education and health. The promotion of ‘gender-neutral’ policy, by generally conservative bureaucracies, effectively exposes the mythical woman-friendly state. The implications do not auger well for Victorian women in the new millenium.

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31P, 19F and 13C solid state NMR analysis has been used to investigate the intercalation/de-intercalation of both anions and cations in electrochemically synthesized polypyrrole films. Use of a phosphonium-based ionic liquid, tri(hexyl)(tetradecyl)phosphonium bis(trifluoromethanesulfonyl)amide, allows the separate detection of the cation and anion by analysis of the phosphorous and fluorine resonances, respectively. Initial results indicate the incorporation of both cations and anions during film growth in the ionic liquid. There is a notable change in the 31P chemical shift of the cation on incorporation into the film, consistent with a significant change in environment compared to the pure ionic liquid. Despite its large size, the phosphonium cation can be completely expelled from the film by oxidation.

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In many jurisdictions, police officers are responsible for deciding whether cases of child abuse are referred for potential prosecution. Such discretion justifies the need to scrutinise these professionals' decisions to determine if they are consistent with the scientific eyewitness memory literature. Prior research has shown that interviewer questioning is one of the most critical factors impacting the reliability of child witness statements. Hence, we asked: 'To what degree do officers' consider the quality of interviewer questions when making case authorisation decisions?'. In order to answer this question, we conducted a thematic analysis to identify issues referred to in a sample of documented police correspondence (n=33) about potential prosecution of child abuse cases. Two key themes emerged: the existence of corroborative evidence and whether the suspect denied the allegations. Questioning technique, however, was not considered. All but one decision that referred to interview process focused on the presentation of the witness, even though the witness interviews (as a whole) did not adhere to recommended best-practice guidelines. The implications of these findings are discussed.

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This paper sets out to demonstrate the link between development, state capacity and peace, employing Timor-Leste as the case study. It employs the association between state capacity and development to illustrate where if state capacity is lacking or functions improperly there is likely to be a low level of state legitimacy. This in turn manifests as lack of respect for or failure of rule of law, developing as generalised lawlessness and anti-state activity and eventually manifesting as intra-state or civil conflict. In particular, policing is seen as a critical component in state legitimacy, being the 'front line' of the judicial system from which legitimacy ultimately derives. This issue is particularly critical in states emerging from traditional legal and judicial structures, but which have not yet articulated into 'rational-legal' structures. Ipso facto, key state institutions, such as the judicial system and police are required to function well, while these are alone not enough to guarantee peace, they are significant contributors to and guarantors of peace.

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The Marriage Equality Amendment Bill 2010 (Cth) currently before federal Parliament amends the present legislative definition of marriage to include same-sex unions. This article provides a constitutional analysis of the scope of the marriage power, s 51(xxi) of the Australian Constitution , through examination of the Bill and other existing and proposed legislation. It argues that if the High Court considered "marriage" to be a constitutionalised legal term of art, it could accommodate post-federation development at common law and in statute to the institution of marriage. It also argues that the presumption in favour of constitutionality ought to be at its strongest with federal legislation determining complex and intractable moral issues. The article explores the constitutional vulnerability of current same-sex union legislation and possible future legislation providing for recognition of the functional equivalent of "marriage". In addition, the article considers the constitutional foundation of a national framework to provide official legal recognition of same-sex relationships.

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The purpose of this paper is to provide some guidance to police interviewers and trainers in relation to improving the legal aspects of police questioning of suspects. The paper is written with reference to Victorian legislation. Sixteen professionals (defence barristers, academics, prosecutors, and detectives), all with extensive knowledge of the law and experience evaluating police interviews with suspects, took part in individual indepth interviews (M ¼ 100 minutes). The aim of the interviews was to discuss the limitations of police interviews with suspects and to provide exemplars of concerns from a set of de-identified transcripts that had been provided to the professionals prior to their interviews with us. Overall, four key limitations were raised: (a) inadequate particularisation of offences, (b) inappropriate phrasing of questions, (c) poor introduction of allegations, and (d) questions that unfairly ask the suspect to comment on the victim’s perspective. These concerns and their practical implications are discussed.