115 resultados para extent to which court should exercise discretion


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The thesis looks at the macroeconomic impact of foreign aid. It is specially concerned with aid's impact on the public sector of less developed countries < LDCs> . Since the overwhelming majority of aid is directed to the public sector of LDCs, one can only understand the broader macroeconomic impact of aid if one first understands its impact on this sector. To this end, the thesis econometrically estimates " fiscal response" models of aid. These models, in essence, attempt to shed light on public sector fiscal behaviour in the presence of aid inflows, being specially concerned with the way aid is used to finance various categories of expenditures. The underlaying concern is to extent to which aid is " fungible" -that is, whether it finances consumption expenditure and reductions in taxation revenue in LDCs. A number of alternative models are derived from a utility maximisation framework. These alternatives reflect different assumptions regarding the behaviour of LDC public sectors and relate to the endogeniety to exogeniety> of aid, whether or not recurrent expenditure is financed from domestic borrowing and the determination of domestic borrowing. The original frameworks of earlier studies are extended in a number of ways, including the use of a public sector utility function which is fully consistent with expected maximising behaviour. Estimates of these models' parameters are obtained using both time-series and cross-section data, dating from the 1960s, for Bangladesh, India, Pakistan and the Philippines. Both structural and reduced-form equations are estimated. Results suggest that foreign aid to the official sector> is indeed fungible, albeit at different levels. Moreover, the overall impact of aid on public sector investment, consumption, domestic borrowing and taxation varies between countries. Generally speaking, aid leads to increases in investment and consumption expenditure, but reduces taxation and domestic borrowing. Comparative analysis does, however, show that these results are highly sensitive to alternative behavioural assumptions and, therefore, model specification.

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This study focuses on the way four student-teachers engage with critical social discourses in a year-long physical education unit. The student-teachers were encouraged to examine and (re)construct their pedagogy through their interactions with critical discourses. Drawing on their personal theories and actions, the study examines the extent to which critical intellectual resources can provide pedagogical frames of reference that are 'practical and non-ideal'. Using a critical ethnographic methodology the students' interactions with critical social discourses are diagnosed across three levels. The first level is the case study presentations of each student's engagement with the critical intellectual resources and the extent to which they were able to understand and implement them. The second level involves an interpretation of the individual cases that is informed by Brian Fay's (1987) metatheoretical reconstruction of the critical social sciences. In the third stage of diagnosis the study focuses on retheorising critical aspirations for praxis pedagogy in physical education. Critical scholars within the physical education arena argue that critical praxis represents a pedagogy based on a 'world view' of the potential for agents to engage in a rational reordering of their qualitative existence. The essence of their claim is that critical discourses have the potential to facilitate a mode of praxis through which physical education teachers might better recognise, understand, critique and transform their values and practices. However, there is broad recognition that the translation of social-critical discourses into a pedagogic context is highly problematic. Interpretation of the study is provided by Fay's (1987) 'limits to change' thesis which recognises that critical aspirations must ultimately be adopted and implemented by real people in real settings. As a diagnostic frame of reference, Fay insists that a 'complete' critical theory [of physical education] be simultaneously scientific, critical, practical and non-ideal. In seeking to temper the "e; over-rationalistic"e; tendency of the critical project he recognises the historical, embedded, embodied and traditional nature of human existence Criticisms of critical theories of education traverse a number of philosophic perspectives. Recent post-structural criticisms of truth regimes, knowledge-power differentials, rationality and agency have seriously destabilised modernist justifications of the critical agenda. Critical theories of physical education have not been absolved of such criticism. A prominent element of this study is its promotion of a dialectical relationship between agency and structure to extend critical conceptualisations of physical education pedagogy. Through the mediation of structural determinism and self-determination this research proffers a means of practically advancing a critical praxis in physical education. The conclusion of this thesis outlines some broad recommendations pertaining to the introduction of social critical discourses in physical education teacher education.

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Non-ketotic hyperglycinaemia (NKH) is a devastating neurometabolic disorder leading, in its classical form, to early death or severe disability and poor quality of life in survivors. Affected neonates may need ventilatory support during a short period of respiratory depression. The transient dependence on ventilation dictates urgency in decision-making regarding withdrawal of therapy. The occurrence of patients with apparent transient forms of the disease, albeit rare, adds uncertainty to the prediction of clinical outcome and dictates that the current practice of withholding or withdrawing therapy in these neonates be reviewed. Both bioethics and law take the view that treatment decisions should be based on the best interests of the patient. The medical-ethics approach is based on the principles of non-maleficence, beneficence, autonomy and justice. The law relating to withholding or withdrawing life-sustaining treatment is complex and varies between jurisdictions. Physicians treating newborns with NKH need to provide families with accurate and complete information regarding the disease and the relative probability of possible outcomes of the neonatal presentation and to explore the extent to which family members are willing to take part in the decision making process. Cultural and religious attitudes, which may potentially clash with bioethical and juridical principles, need to be considered.

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The objective of this research is to examine how Victorian local government annual reports disclose information on intellectual capital. The idea of intellectual capital has become part of the working organisational vocabulary, and is widely held in management literature to be the pre-eminent economic resource and a key driver of efficiency, effectiveness and continual improvement in the private and public sectors. Under the recent Best Value Victoria policy, local governments are under increasing pressure to acquire and apply intellectual capital to improve responsiveness to community needs and meet cost and quality criteria. Annual reports exist as vehicles for communication, accountability and decision making. This study examines how the internal, external and human categories of intellectual capital are represented in the annual reports for the 2000 year for 77 of the 78 Victorian local
governments.

Using a matrix approach derived from Petty and Guthrie's (2000) framework, content analysis is employed to examine the incidence and intensity with which specific elements of intellectual capital are reported. This research indicates that generally the content of annual reports have not provided clear and coherent representations of how local government in Victoria are developing, applying and measuring intellectual capital. The nature and extent of intellectual capital reporting varies considerably between councils, and the disclosure of the human elements of intellectual capital is particularly underdeveloped. The findings suggest that more research in this area is needed to determine the extent to which intellectual capital should be disclosed and whether the current paucity of disclosure stems from disinterest or technical problems. There is also the need for further research into the need to identify and describe elements of intellectual capital, and into effective
reporting strategies and techniques. This may lead to the development of a 'best practice' reporting model for intellectual capital. Furthermore, the preliminary investigations indicate a perceived need to raise the consciousness of public sector
managers as to the existence of intellectual capital within their organisations, and ultimately lead to more informed and effective management of this asset.

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Socio-legal analysis has relied heavily on Mnookin and Kornhauser's "bargaining in the shadow of the law" and Galanter's "litigotiation" concepts. These concepts provide a framework for examining the relationship between formal legal rules and other normative sources in out-of-court activity. In this paper we explore the extent to which these frameworks' Western assumptions about individualism, conflict and the rule of law would require adaptation if they were to be used to examine such phenomena in Chinese culture or in Australian-Chinese negotiations. In particular, we focus on the "difference" between: i) China and Confucian culture; and ii) Western society in terms of the Confucian principles relating to hierarchy, harmony, collectivism and face. These principles have fundamental implications for Chinese perceptions of appropriate dispute resolution behaviour. Western researchers who omit consideration of these perceptions and neglect the defining characteristics of Chinese identity will emerge with flawed projects.

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Interventions that seek to increase empathy are a common feature of programs offered to sexual and violent offenders. Yet, there is little empirical evidence to suggest that they contribute positively to program outcomes. This paper explores the rationale for the delivery of empathy training with violent offenders, describes some of the most commonly used approaches, and reviews the current evidence base relating to effectiveness. It is concluded that while there are strong theoretical grounds for identifying empathy deficits as an important area of criminogenic need, there are considerable difficulties in establishing the extent to which the interventions offered in this area might be considered to be successful in reducing risk.

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One of the main characteristics that are attributed to ionic liquids (especially those with a low melting point) is that the anions comprising the ionic liquids possess a certain degree of charge delocalization as compared to anions in traditional molten salts. Based on the proton affinity equilibrium we proposed a new energetic criterion that can be used as a measure of charge delocalization. The proposed proton affinity comparison quantifies the extent to which ionic liquid anions are delocalized. Thus it should lead to a better understanding towards the design of task-specific ionic liquids. Therefore, this criterion can be applied to newly designed anions to assure that the extent of charge delocalization falls within the same range of values on the proton affinity scale as other commonly used ionic liquid anions.

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Objective: The aim of this study was to assess the major dietary patterns of two age cohorts of women, to determine to the extent to which the dietary patterns differ between the cohorts and to assess whether they vary according to sociodemographic and behavioural characteristics and patterns of nutrient intake.

Method:
Dietary intake was assessed using an 80-item food frequency questionnaire for women aged 50–55 years (n=10 150; ‘middle age’) in 2001 and aged 25–30 years (n=7371; ‘young’) in 2003, from the Australian Longitudinal Study on Women's Health. Factor analysis using principal component extraction was used to identify dietary patterns, and a pattern score was calculated from the consumption of the food items identified with each dietary pattern. Associations between the dietary pattern scores and sociodemographic and behavioural characteristics and nutrient intakes were investigated using regression analysis.

Results: Six dietary patterns were identified and were labelled: cooked vegetables; fruit; Mediterranean-style; processed meat, meat and takeaway; reduced fat dairy; and high-fat and sugar foods. Regression analysis revealed that healthier dietary patterns were significantly associated with other favourable health-related behaviours, higher socioeconomic status and living in urban areas (P-values <0.05).

Conclusions:
In spite of differences in the level of consumption of individual food items, the similarity in dietary patterns across two generations of women suggests that policies and interventions to improve diet should focus on social and economic factors and general health-related behaviour rather than different age groups.

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The UN Convention on the Rights of the Child provides children and young people with over 40 substantive rights, the five outcomes of which are living a healthy lifestyle, staying safe, enjoying and achieving, making a positive contribution, and economic wellbeing. Moreover, Article 3 dictates that all organizations concerned with children should work towards what is best of each child. It is not clear how these rights translate to the care of children and young people who come before the courts (particularly those who are subsequently incarcerated). A review of the literature suggests that while best practice guidelines for the treatment and rehabilitation of adult offenders has moved forward, there is little consensus about how this might be achieved for young people. Therapeutic Jurisprudence (TJ) needs to extend beyond its current considerations of the rights of children and young people, and to expand its focus to the extent to which international human rights standards are complied with in the cases of juveniles in the criminal justice system. This presentation will (a) explore the extent to which current practices in juvenile justice are consistent with the UN's Convention and (b) whether the adoption a rehabilitative and treatment approach based on a TJ framework might serve to improve outcomes for young people and ensure their rights are not being violated.

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Childhood obesity is a highly complex issue with serious health and environmental implications. It has been postulated that young children (preschool-aged in particular) are able to internalise positive environmental beliefs. Applying a socioecological theoretical perspective, in this discussion paper we argue that although children may internalise such beliefs, they commonly behave in ways that contradict these beliefs as demonstrated by their consumer choices. The media directly influences these consumer choices and growing evidence suggests that media exposure (particularly commercial television viewing) may be a significant “player” in the prediction of childhood obesity. However, there is still debate as to whether childhood obesity is caused by digital media use per se or whether other factors mediate this relationship. Growing evidence suggests that researchers should examine whether different types of content have conflicting influences on a child’s consumer choices and, by extension, obesity. The extent to which young children connect their consumer choices and the sustainability of the product/s they consume with their overall health and wellbeing has not previously been researched. To these ends, we call for further research on this socioecological phenomenon among young children, particularly with respect to the influence of digital media use on a child’s consumer behaviours.

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The participation rates of girls in post-compulsory information technology courses of Australian universities and high schools have remained low (less than 30%), despite three decades of research and analysis. In seeking to better understand this phenomenon, this paper draws upon data collected during an Australian Research Council Linkage project to investigate first, the reasons that teachers and students in contemporary Australian high schools put forward to account for girls' underrepresentation; second, the assumptions about gender that underpin these explanations; and third, the extent to which teachers appear able to respond to the full range of factors shaping girls' decision making. The paper argues that attempts to improve girls' participation rates might continue to falter unless teacher education programs explicitly prepare teachers to conceptualise educational reforms based on understandings of post-structural perspectives on gender; perspectives that challenge the more common explanations for girls' behaviour associated with both essentialist and socialisation mindsets.

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This paper presents a unique summary of Australian research on home education, and an evaluation of current regulation in an Australian context. It begins with the recognition that home education is a legal alternative to school education in Australia. However it argues that legal definitions of home education do not properly reflect the practice of home education. This is illustrated by an examination of different educational approaches taken by home educators and research on the socialisation of home educated children in Australia. Research on who chooses home education, why people choose home education and the educational outcomes for home educated children is also discussed. Home educating families represent all family types, are found in rural, suburban and city locations, and choose home education for a variety ofreasons. Research indicates that Australian home educated children have positive educational and social experiences and outcomes. The question of whether and ifso the extent to which, home education should be regulated by the state is examined. The authors argue that whilst regulation is acceptable to protect a childr right to education, a more consistent regulatory framework is needed across Australia. It is argued that such aframework should facilitate and encourage children who are being home educated and should be flexible enough to accommodate the variety ofeducational approaches taken to home education.

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Commuting to work is one of the most important and regular routines of transportation in towns and cities. From a geographic perspective, the length of people’s commute is influenced, to some degree, by the spatial separation of their home and workplace and the transport infrastructure. The rise of car ownership in Australia from the 1950s to the present was accompanied by a considerable decrease of public transport use. Currently there is an average of 1.4 persons per car in Australia, and private cars are involved in approximately 90% of the trips, and public transportation in only 10%. Increased personal mobility has fuelled the trend of decentralised housing development, mostly without a clear planning for local employment, or alternative means of transportation. Transport sector accounts for 14% of Australia’s net greenhouse gas emissions. Without further policy action, Australia’s emissions are projected to continue to increase. The Australian Federal Government and the new Department of Climate Change have recently published a set of maps showing that rising seas would submerge large parts of Victoria coastal region. Such event would lead to major disruption in planned urban growth areas in the next 50 years with broad scale inundation of dwellings, facilities and road networks. The Greater Geelong Region has well established infrastructure as a major urban centre and tourist destination and hence attracted the attention of federal and state governments in their quest for further development and population growth. As a result of its natural beauty and ecological sensitivity, scenarios for growth in the region are currently under scrutiny from local government as well as development agencies, scientists, and planners. This paper is part of a broad research in the relationship between transportation system, urban form, trip demand, and emissions, as a paramount in addressing the challenges presented by urban growth. Progressing from previous work focused on private cars, this present paper investigates the use of public transport as a mode for commuting in the Greater Geelong Region. Using a GIS based interaction model, it characterises the current use of the existing public transportation system, and also builds a scenario of increased use of the existing public transportation system, estimating potencial reductions in CO2 emissions. This study provides an improved understanding of the extent to which choices of transport mode and travel activity patterns, affect emissions in the context of regional networks. The results indicate that emissions from commuting by public transportation are significantly lower than those from commuting by private car, and emphasise that there are opportunities for large abatment in the greenhouse emissions from the transportation sector related to efforts in increasing the use of existing public transportation system.

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This paper reports the use of vignettes as a methodology to analyse the extent to which the new social work degree programmes enabled students to develop their analytical and reflective capabilities. Two vignettes, which focused on children and families and adult social care respectively, were developed for the study. Students were asked to respond in writing, from the perspective of a social worker, to a standard set of questions at the beginning (T1) and end of their degree programme (T2). Considering the responses to all questions across the two vignettes, a series of scales was developed to measure the key themes which had been identified by qualitative analysis. These included ‘Attention to process of relationships’ and ‘Social/structural/political awareness’. Responses were also rated as ‘descriptive’, ‘analytic’ or ‘reflective’.

Students from six universities in England participated. From an original sample of 222 students, it was possible to match 79 T1 and T2 responses. Analysis of variance demonstrated statistically significant increases in nine of the 11 themes and increases in ratings for analysis and reflection.

In conclusion, vignettes can be used to produce both qualitative and quantitative data in respect of changes in students’ acquisition of knowledge and skills over time.

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Problem based learning (PBL) is a group learning environment that involves a radical change in the way students learn and the role that academic staff play in facilitating learning. The PBL approach claims to build extended technological and social understandings as it offers a context for development of autonomous learners. It has an emphasis on collective and individual learning motivation and decision-making behaviours.

In this paper, we present the responses of students to the heterogeneous characteristic of PBL teams in a first year electrical engineering degree course at an Australian University. The learning cultures in PBL teams that emerge as a result of the diverse characteristics of teams are also presented in this paper.

A number of PBL teams were observed and interviewed throughout their first year course with their consent. Analysis of the data collected about students’ learning and outcomes in PBL teams informed the ways in which individual students approach their learning, the ways in which they control, regulate and direct their learning individually and as a group and the extent to which they participate, engage and thereby learn in the course.

It is evident that some students have a strong influence on the behaviour of other students in their team. These students also influenced what is learnt as a team, the ways in which they interrelated, worked as a team and problem solved in changing circumstances. Therefore, when designing student teams for PBL academics should not assume that a mono-cultural group or a mixed-ability group of students will work successfully together. We think that the results of this research inform both the design of PBL courses and the facilitation of PBL groups to accomplish successful group learning outcomes.