187 resultados para mandatory sentencing


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Engineers Australia is the Australian professional body that accredits undergraduate engineering programs. It espouses an ‘outcomes-based’ program accreditation philosophy, but imposes mandatory ‘process’ requirements for off-campus programs that are in addition to the requirements for conventional on-campus programs. The focus on off-campus engineering study raises the question: how can learning outcomes, regardless of mode of study, be effectively measured? The current answer appears to be ‘graduate attributes’. The literature reveals a range of sophistication in approach to graduate attributes from identifying desirable graduate attributes, through to evidence-based certification of individual student attainment of graduate attributes. Many engineering accrediting bodies around the world identify student portfolios as a strategy for demonstrating student attainment of graduate attributes. The increasing use of online technology by students and educators alike, including as part of assessment, means that many of the reported applications of student portfolios are online portfolios. The effectiveness of online student portfolios will depend on them being embedded in day-to-day educational practice, rather than being an optional extra given a low priority by busy students. This paper presents a survey of the related literature and briefly outlines a project in progress at Deakin University to trial an online student portfolio.

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The level of trans-monounsaturated fatty acids in manufactured foods is largely unknown, however the survey showed the levels varied from 0.5% to 22.5% of total fatty acids in 55 foods tested. This survey data shows that these fatty acids raise blood cholesterol levels even more than saturated fat, which made labelling of foods for trans fatty acids mandatory.

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In Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd, the construction of arbitration clauses and the operation of s.7 of the International Arbitration Act 1974 (Cth) were considered - scope of the arbitration issue, mandatory stay issue and discretionary stay issue were examined.

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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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This paper examines research about child protection preparation of teachers. Such research indicates that the nature of the training required to "do the public good" would differ markedly from that which is currently on offer in most teacher education courses. Whilst teachers have the potential to operate as frontline respondents in combating child abuse, the limitations of their training create a situation in which they are "worried, lacking in confidence and stressed about their ability to comply with mandatory reporting legislation" (Bluett, 2002). The consequences to the community are substantial: not only are there disincentives for teachers to participate in child protection roles and the increased likelihood of poor quality reporting, but children subjected to abuse may be unable to access protective services via the school system. The paper distills the findings of recent studies to identify design parameters for effective teacher preparation in child protection. The paper concludes that a program informed by research has the potential to produce enhanced outcomes for children, teachers and the broader community.

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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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Mandatory standards developed by allied health professions for registration and accreditation purposes require continuing professional development (CPD) that can be accessed by all professionals, particularly those practicing in regions removed from the bigger cities. To improve and maintain competencies and standards of care CPD programs need to be accessible and provide opportunities for lifelong learning of efficacious evidence-based intervention. Despite the benefits of CPD, problems reported include access and lack of clarity on the usefulness of CPD in relation to clinical practice. The aim of this study was to develop a CPD program for physiotherapists in the south west of Victoria by employing a systematic approach that included a needs assessment as a vehicle to compose the 2004/2005 program and to optimise ease of attendance, relevance and perceived applicability to clinical practice. The education delivered was purposely in line with the principles of adult learning and presenters were instructed to focus for at least one-third of the workshop time on praxis. This study measured attendance levels throughout the program and satisfaction with the education received in terms of perceived clinical benefits in order to understand the benefits of employing detailed local needs assessments for rural professionals. All workshops and presentations were evaluated with regard to suitability of the venue, presenter style, content, applicability to clinical practice and overall impression by using 7-point Likert scales. Modes and medians both were 7, with seven being rated as highly successful. Attendance was high, 57.2% attended four or more sessions and 68.6% attended at least one workshop in the clinic over the period. In addition, 22.9% attended at least one of the two conducted courses that were held in that period. Although most physiotherapists (68.6%) reported some effect, 20% of the physiotherapists perceived that the CPD program had a large effect on their clinical skills and 29.4% found that patient demand had increased. This paper will discuss the results in light of approaches for allied health workplace learning.

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Background: Chronic Heart Failure (CHF) has a high mortality and morbidity. Large scale randomised controlled trials have proven the benefits of beta blockade and ACE inhibitors in reducing mortality in patients with CHF and expert guidelines mandate their use. In spite of these recommendations, important therapies are under-prescribed and under-utilised.

Method: 1015 consecutive patients enrolled in CHF management programs across Australia were surveyed during 2005-2006 to determine prescribing patterns in heart failure medications. These patients were followed-up for a period of 6 months.

Results: The survey revealed that beta blockers were prescribed to 80% of patients (more than 85% were on sub-optimal doses) and 70% were prescribed Angiotensin converting enzyme (ACE) inhibitors (approximately 50% were on sub-optimal dose). 19% of patients were prescribed Angiotensin receptor blockers (ARBs). By 6 months <25% of the patients who were on sub-optimal dose beta blockers or ACE inhibitors at baseline, had been up-titrated to maximum dose (p<0.0001). In CHF programs, were nurses were able to titrate medications, 75% of patients reached optimal dose of beta blockers compared to those programs with no nurse-led medication titration, where only 25% of patients reached optimal dose (p<0.004). When examining optimal dosage for any two of these mandatory medications, less patients were on optimal therapy. Beta blockers and ACE inhibitors, were both prescribed in combination in 60% of patients. While beta blockers and ARBs were prescribed to 15% of patients.

Conclusion: Whilst prescribing rates for a single medication strategy of beta blockers, or ACE inhibitors were greater than 70%, an increase in dosage of these medications and utilisation of proven combination therapy of these medications was poor. It is suggested that clinical outcomes for this cohort of patients could be further improved by adherence to evidence-based practice, ESC guidelines, and optimisation of these medications by heart failure nurses in a CHF program. On the basis of these findings and in the absence of ready access to a polypill, focussing on evidence-based practice to increase utilisation and optimal dosage of combination medication therapy is critical.

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An enduring aspect of the operation of the criminal justice system in Australia has been the disproportionate representation of indigenous persons. Under current sentencing principles, aboriginality can be taken into account as a factor in mitigation because of the nature of social and economic disadvantage suffered by indigenous communities. It is contended that such an approach is inadequate as it fails to comprehend the reasons for that disadvantage. In short, the effects of colonialism and dispossession. An account of punishment will be developed that colonialism and dispossession cannot be omitted from any satisfactory account of the theory and history of punishment of indigenous persons. By relying on the notion of ‘just deserts’ an account of punishment will be proposed that extends the categories currently put forward to justify punishing indigenous persons. Traditional, philosophical accounts of punishment and insights from critical race theory will both be used in an attempt to articulate what ‘just deserts’ means in the context of a post-colonial society.

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Accreditation for off-campus engineering programmes has proven to be problematic. In Australia, off-campus programmes are compelled to contain mandatory residential sessions so that offcampus students can have an `on-campus experience'. This paper explores the nature of modern oncampus undergraduate engineering study, and finds that it now typically involves at least part-time employment and has more in common with off-campus study than the on-campus experience enjoyed by most of the current institutional (education and professional) administrators when they completed their undergraduate studies. Rather than ignore student term-time work, engineering programmes should use it to enhance the development of desirable graduate attributes.

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A growing number of jurisdictions in North America, the United Kingdom, and Australasia have enacted legislation allowing for special sentencing, civil commitment, and community supervision options for high risk sexual offenders. In New Zealand, one example of this concern for public protection is the Parole (Extended Supervision) Amendment Act 2004, which provides for additional supervision of sexual offenders with child victims for up to 10 years after their release from prison. Recent experience with expert evidence and judicial decision making in such cases suggests that those involved in the process might benefit from a more thorough understanding of the current state of sexual offender risk assessment that can be provided by mental health professionals.

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Although the incidence of medication error remains unknown, in Australian hospitals, they are thought to occur in 5-20 % of drug administrations 1. Not surprisingly, international debate has focused on the mechanisms to improve the safety of patients. Thus a new National Inpatient Medication Chart (NIMC) was endorsed to improve communication and reduce medication errors 2. This study aimed to investigate the documentation practices of clinicians following the implementation of a medication guideline and NIMC.
A pre and post-test design was used to evaluate the adoption of and adherence to the medication guideline at Western Health, an 850 bed healthcare network in Australia. Audits of inpatient medication charts (N=265) were conducted at 3 months prior to and repeated 4 months (N=290) after implementation. The pre-test data was used to formulate an interdisciplinary organizational strategy that included mandatory education for all clinical staff, practice reminders, decision prompts, a telephone hotline for support, an intranet information website and electronically distributed Frequently Asked Questions.
Pre and post implementation audits highlighted areas of potential medication error. The post-test showed an overall trend towards improvement in documentation. There were significant improvements in 4 critical practices: Drug name clear (p=0.0003); Drug dose clear (p=0.0002); Prescribed frequency equals documented frequency (p=0) and; No signature by administrator (p=0).
The majority of documentation errors showed poor attention to detail and would be considered a slip or lapse in skill based judgment 3. Although this study was designed to evaluate documentation practices, future research should include observation methods to increase our understanding of the context behind the judgments such as work place interruptions, skill mix and knowledge levels. While evidence based guidelines enable work, they are not the actual work or substance of patient care. Organisational systems can assist in preventing unconscious aberrations that lead to error.

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Patients expect to receive safe, predictable and high-quality care delivered by competent professionals. Thus, it has become important to provide specific training in existing and new modalities and prove on-going clinical expertise. Hospital credentialing is the process by which the competence of a doctor is determined by the hospital management. In Australia, radiologists participate in a mandatory program of continuing professional development and are also required to maintain a logbook of procedures. The Conjoint Committee for the Recognition of Training in Peripheral Endovascular Therapy has been established to advise the respective subspecialty groups on the requirements for accreditation. This article examines some of the issues the committee has considered in preparing the criteria to assist institutions for the purposes of credentialing and gives an Australian perspective on future trends.