171 resultados para professional practice in law and education


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In many countries concerns have been expressed about the merits of educational research. This paper reports on the outcomes of a review of reviews of such research in Australia and the UK. Taken at face value, the latest round of reviews are largely critical in the UK (where they have generated much debate) and mainly favourable in Australia (where they have not). In accounting for this difference the paper suggests that it might be explained in part as a function of how the reviews were conducted. In the UK reviews have tended to begin with the research and work forward to practice whereas in Australia they have been inclined to begin with practice and work back to the research. It is suggested that policy makers, practitioners and researchers in Australia and the UK have much to learn from each other's experience, as have those in other countries planning similar reviews.

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This questionnaire study examined the adjustment of 245 lone-parenting women following marital separation. A composite model included intrapsychic variables as intervening between demographic and contextual variables and adjustment (life satisfaction). Regression analyses showed that the demographic and contextual variables were partially mediated by the intrapsychic variables. The path model indicated that the intrapsychic variables (sense of coherence, control, depression, and grief) had a direct impact on life satisfaction and that there was an indirect path for depression through sense of coherence (SOC) and control. It was concluded that the intrapsychic variables had a more powerful relationship with women's post-separation life satisfaction than did the demographic/contextual variables. Social implications and recommendations for future policy are considered.

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The 'child' in child welfare/protection is seen as a dependent waif and an object of interest, on whose behalf adults speak and act. An alternative perspective has argued for child-centredness, and includes concepts of child liberation, rights and citizenship. Policymakers and practitioners who may accept the underlying principles may be concerned about the appropriateness and applicability of such principles in relation to practice with children and their parents in child welfare/protection cases. This paper discusses a conceptual framework for research that aims to explore participatory and child-centred professional practice by critically evaluating and developing, for professional practice, the practical meanings of 'participatory' and 'children as citizens'. We do not present research outcomes based on empirical data; instead, we present our conceptual framework as the first stage of research in progress into participatory and child-centred professional practice.

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Social software has been used to support problem-based learning activities in a wholly online information technology (IT) professional practice course at Deakin University since 2006. When the course was first delivered, the authentic learning environment was a website, with an intranet and team forums created in Drupal, the open source content management system (CMS). Although this environment was suitable, feedback from students and teaching staff highlighted areas where improvements could be made. In the second year of the course, Joomla!, the open source CMS, in combination with Simple Machines Forum (SMF), the open source online discussion community software, was used to provide the website, as well as the intranet and team forums respectively. Feedback in 2007 was more positive, suggesting that the Joomla!-SMF social software combination and the features implemented, improved the learning and teaching experience in comparison to the 2006 version of the course.

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Beyond the limited efficiency and economy goals of neoliberal health policy lies the promise of genuine health services reform. In maternity care in particular, recent policy developments have sought to make the management of birth more ‘women-centred and family-friendly’. Interprofessional collaboration and greater consumer participation in policy and decision-making are key means to achieve this goal, but changing the entrenched system of medicalised birth remains difficult. Recent social contestation of maternity care has destabilised but not eradicated pervasive medical hegemony. Further reform requires analysis both of institutionalised patterns of power, and attention to the fluidity and situated knowledge shaping organisational and professional practices. Accordingly, this paper outlines a framework with which to explore the multi-layered social processes involved in implementing organisational and cultural change in maternity care. Analysis of social interventions in health systems, we suggest, can be advanced by drawing on strands from critical organization studies, complexity and critical discourse theories and social practice approaches.

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This paper reports the three-stage development of a professional practice audit questionnaire for mental health nursing in Aotearoa/New Zealand. In Study 1, clinical indicator statements (n = 99) generated from focus group data, which were considered to be unobservable in the nursing documentation in consumer case notes, were included in a three-round Delphi process. Consensus of ratings occurred for the mental health nurse and academic participants (n = 7) on 83 clinical indicator statements. In Study 2, the clinical indicator statements (n = 67) that met importance and consensus criteria were incorporated into a questionnaire, which was piloted at a New Zealand mental health service. The questionnaire was then modified for use in a national field study. In Study 3, the national field study, registered mental health nurses (n = 422) from 11 New Zealand District Health Board mental health services completed the questionnaire. Five categories of nursing practice were identified: professional and evidence-based practice; consumer focus and reflective practice; professional development and integration; ethically and legally safe practice; and culturally safe practice. Analyses revealed little difference in the perceptions of nurses from different backgrounds regarding the regularity of the nursing practices. Further research is needed to calibrate the scores on each clinical indicator statement with behaviour in clinical practice.

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Australia and New Zealand have joined the movement of many Western societies in recent years to address a perceived gap in public safety by passing legislation allowing for extended supervision of sex offenders in the community after their release from prison. The Australian State of Victoria passed a law similar to that of New Zealand, and both laws have now been in effect for a similar period of time. Yet despite having comparable laws and approximately comparable base populations, there have been 145 extended supervision orders imposed in New Zealand and 20 such orders in Victoria. This article examines the differences in implementation and the underlying procedures used in the two jurisdictions to understand these very different outcomes. Implications for professional practice, ethics, public safety, and policy development are discussed.

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The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (cherry picking evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The paper details threats to competent expert testimony in a comparative law context - in both the common law (involuntary civil commitment laws and risk assessment criminal laws) and, more briefly, civil law. We conclude that teleology, pretextuality, and sanism have an impact upon judicial decision making in both the common law and civil law. Finally, we speculate as to whether the new United Nations Convention on the Rights of Persons with Disabilities is likely to have any impact on practices in this area. Copyright © 2009 John Wiley & Sons, Ltd.

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Forensic practice in Australia and around the world attracts a high level of public and judicial scrutiny. The way in which the forensic psychologist conducts him or herself in ethically challenging situations is important not only to the reputation of the individual practitioner, but to the profession more widely. This paper outlines some of the ethical issues that commonly arise in forensic psychology practice and discusses these in relation to the recently published Australian Psychological Society (2007) Code of Ethics. Four ethically challenging scenarios are described and discussed in terms of how the Code might be used to offer guidance to psychologists about how they might best respond.

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The article outlines the legal context for Vietnamese artists that is not discussed in other literature, including the scarcity of data on the art market, the reasons for failure to enforce intellectual property (IP) rights and legal contracts, and the rapid growth of private-sector art dealing that makes an examination of the legal context so essential. The author's field research in Vietnam since 2003 is linked to analyses of Vietnam's art market and to civil codes and other international agreements that determine professional artists’ IP rights. This illustrates the reasons why IP rights have not been enforced or arbitrated in Vietnam. The author includes a discussion of the importance of enforcing IP law for the maintenance of artists’ incomes and careers, the development of a national art market, and for innovation and cultural sustainability in Vietnam.

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The author's ethnographic study of a professional development program for managers and aspiring managers taught at a distance intends to make a substantial contribution to both the theory and practice of continuing education for professionals. The study focused on a group of Deakin University Master of Business Administration (MBA) participants and their experiences of the final two years of the program. Theorising on the professional development experience was based on data gathered from the direct observation of participants working in their study groups and at residential schools. Moreover, data drawn from end-of-year interviews with participants and discussions with MBA teachers also contributed to the theorising process. Theorising spanned a broad set of interactions encompassing participants' formal educational, professional and personal worlds. The thesis is devoted to two aspects of the professional development experience, namely: participants' interactions in their study groups and at residential schools; and participants' attempts to grow and develop as competent professional practitioners during their MBA studies. Interactions with key learning contexts orchestrated by the teaching institution (i.e. study groups and residential schools) are grounded in an analysis of the changing group cultures observed to accommodate the different educational demands of the program. Group interaction on a broader scale is also analysed in the context of the residential schools. The residential school provided a powerful forum for the development of participant activism over the future development of the MBA program. The analysis of the study groups in action led the author to identify the key characteristics of effective educational work groups. The implications of the success of these essentially egalitarian and leaderless groups for the formation of self-managed groups in the workplace is examined. On the matter of professional development, the author reveals the relationships between the nature of participants' jobs, their search for professional integration, their stage of professional empowerment, the strategies they pursued either to empower themselves or others in their organisations and the barriers which were encountered in the pursuit of empowerment. Dramatic examples of professional disempowerment are analysed indicating that interaction between formal off-the-job learning and professional practice in the workplace is not necessarily a smooth and positive experience. The group of participants studied are seen to be heterogeneous in relation to the above factors characterising professional development The implications of the theorising are considered in relation to professional pedagogies, assessment strategies and distance education. Distance education is seen to socially construct the roles of both teachers and students in the educational process. Specifically, teachers are seen to be somewhat marginalised during the program in use whereas the participants are located at the centre of the educational experience. The primacy of participants in the educational process is highlighted through the growing reliance on self-and peer-group assessment skills as participants progressed through the program. It is argued that the teaching institution should encourage and maintain the development of these skills as they represent a major learning outcome of the professional development experience, i.e. the ability to engage in the process of critical self-reflection and informed action.

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To compare the work practices and training needs of rural and urban psychologists, 774 surveys were sent to psychologists throughout Australia. The psychologists were selected from the Australian Psychological Society (APS) Directory of Psychologists, 1992- 1993. A total of 86 rural psychologists and 282 urban psychologists responded to the survey. The survey comprised of four sections with questions asking respondents their demographic and employment background, past and current training activities, work experience, and relations with community. Results showed that the decision to practice and remain in a rural area was influenced by psychologists’ childhood experience and professional training in a rural setting, A substantial proportion of rural psychologists (28%) had been working in rural practice for five years or less. These rural psychologists were identified as a group that had a demographic and training profile more similar to urban psychologists than their rural colleagues. The employment conditions and training background of rural and urban psychologists were similar, though rural psychologists were more likely to be working in private practice and have undertaken their studies in a rural setting. Rural and urban psychologists rated their undergraduate and postgraduate training in psychology as only somewhat adequate. Training in rural health and community issues received the lowest ratings from both groups of psychologists. The work practices of rural and urban psychologists were also similar. There were some differences in the demographic profile of the client groups seen by the two groups. Rural psychologists reported the type of relations with their communities that are conducive to rural practice. The main evidence of this was that rural psychologists were collaborating with the natural helpers of their communities, and expressed willingness to formally train natural helpers to assist in the provision of psychological services. There were several conclusions drawn from this study. The first conclusion was that rural psychologists with urban demographic and training backgrounds are a group that is likely to migrate from rural practice to urban practice, Secondly, training needs to be specialised for rural practice if there is to be an improvement in the number of psychologists practicing in rural settings. Thirdly, rural psychologists were conducting the type of relations with their communities that are important to the requirements of rural practice.

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In this paper the nature of technology education in relation to science and science education is explored. Ways forward are indicated for both technology and science in the curriculum so that the two areas can be mutually supportive. In the 1990s, when curriculum writers were attempting to provide technology a unique place in the curriculum, they tended to downplay the relationship between technology and science. One reason for this tendency derives from a perception that science is an academic and elitist discipline and technology is well served by emphasizing the distance between the two. The other reason is perhaps political, that science, by virtue of its status in the community, and the status of its special type of knowledge, would be in a position, if allowed, to subsume the new subject. There are philosophical and historical precedents that justify such a concern. In tracing the historical relationships between science and technology, in professional practice, in philosophical positioning, and in school curriculum, we inevitably need to deal with the politics of school subjects.

The position taken in this paper is that science and technology are different, both in their epistemological foundations, and in the nature of the professional communities and the concerns of individual practitioners within the two areas. In clarifying these differences the essential nature of technology and of science are illuminated. The paper also explores ways in which the two areas can benefit from each other’s existence in the curriculum, and ways of approaching teaching that both clarifies the special nature of each type of knowledge, and allows them to be mutually supportive. This may necessitate a reconstruction of the nature of school science.