187 resultados para mandatory sentencing


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Research conducted in Australia and around the world in the last decade has shown that people with significant intellectual impairments are over-represented in all areas of the criminal justice system. They are particularly over-represented in remand populations appearing before court. Previous research has suggested that as many as one-quarter of offenders facing sentencing in court have difficulty in understanding court procedures and it is suspected that a majority of these individuals suffer a significant intellectual impairment. The purpose of this study was to establish whether remandees with significant intellectual impairments (IQ < 70) have an accurate understanding of the court system. Seventy-four remand prisoners took part in the study. Remandees with an IQ of less than 70 demonstrated a significantly poorer understanding of the court system than those remandees with an IQ of 70 and above. The implications of these results are discussed in relation to the need for law reform and diversionary practices for this population of remandees.

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The research examines the role of lifelong learning and the increasing emphasis on the development of transferable key skills, which formed part of the background to the educational debate emanating from the Royal Institution of Chartered Surveyors “Agenda for Change” vision to elevate the status of the RICS qualification.

Extensive research and consultation by the RICS culminated in a series of initiatives to “reinforce the integrity and expertise of the RICS qualification” (RICS, 2003) including a proposal to introduce a mandatory postgraduate business qualification for newly qualified surveyors. The detailed proposal met with opposition from a range of stakeholders. However there appeared to be significant support for the concept of improving the management skills of graduate surveyors. The controversial aspects appeared to be the delivery methods and the definition of the appropriate content in a ‘one size fits all’ package.

The paper is drawn from the findings of a dissertation that examined by means of questionnaires to the differing stakeholder perspectives of employers, educators and students in one UK location, across a range of surveying professional disciplines. The paper provides an opportunity to explore and debate the difficulties in meeting the needs of a complex and wide ranging profession, whilst illustrating the importance of the vision of the RICS.

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This thesis uses institutional ethnography to explore the text-based regulatory framework of the Australian Vocational Education and Training (VET) sector. Training Packages are national competency standards used to assess local workplace practice. The Australian Quality Training Framework (AQTF) is a national compliance framework used to audit local learning and assessment practice. These texts operate in a ‘symbiotic relationship’ to achieve a policy goal of national consistency. The researcher explicates the social relations of VET starting from her disquiet as a practitioner. The thesis argues that Training Packages and the AQTF socially organise the content and delivery of local learning and assessment activities. VET practitioners struggle to use these texts to support good practice, and their hidden work maintains an unstable VET system. Yet the extralocal mode of ruling offers no room to challenge VET policy. The thesis explicates three themes. Interview data is used to explore the contrast between the institutional language of Training Packages and the vernacular of workplaces in which these texts are activated. Many practitioners and participants simply do not understand Training Package competency standards. Using these texts to judge employee performance shifts the policing of workplace practice from local sites to external VET authorities. A second theme emerges as the analysis explores why VET practitioners use this excluding language in their work with participants. Interview data reveals that local training organisations achieve different readings as they engage with ruling VET texts. Some organisations use the national texts as broad frameworks, allowing practitioners to create spaces for meaningful learning. Other organisations adopt a narrow and rule-bound reading of national texts, displacing practitioners’ authority over their own practice. A third theme is explored through examination of a sequence of VET texts. The review and redevelopment of the mandatory qualifications for VET practitioners identified the language of the competency standards as a significant accessibility issue. These concerns were reshaped and subsumed in an official response that established the use of this language as a compulsory assessable requirement and a language and literacy benchmark. The thesis presents a new understanding of VET as a regulatory framework established through multiple levels of ruling texts that connect local sites to national government agendas. While some individual practitioners are able to navigate through this system, there is an urgent need for practitioners as a profession to challenge national hegemony.

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This study examined the quality of life of single mothers making the mandatory transition from welfare to work. The Australian government purported that the benefits of making this transition would include higher incomes, better social participation, and improved wellbeing. It is currently unknown, however, how single mothers currently engaged in welfare to work programs evaluate their quality of life. Quality of life scores for 334 single mothers engaged in welfare to work in Australia were compared with normative data. Participants reported significantly lower quality of life scores than the general population for all quality of life domains, highlighting the need to carefully examine welfare to work policies to ensure they promote participants' quality of life.

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Research has shown that female-perpetrated child sexual abuse is under-recognised. Three studies were undertaken concerning victims' experiences, professional perspectives and court sentencing transcripts. These studies found that victim impact was significant; professionals considered the phenomenon less serious than male sexual offending; and that female sexual offenders were dealt with less harshly than male offenders within the criminal justice system. The portfolio examines four case studies concerning adult females who have reported a history of child sexual abuse within the context of a dual-diagnosis counselling agency and investigates both psychological and behavioural difficulties revealed by each of the young women.

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In recent times there have been claims that the sentencing of serious juvenile offenders does not reflect community sentiment and legal policies are based on outdated ideas about adolescent development. The findings of this thesis call into question the suggestions that the law's assumptions about the development of competence is out of step with community attitudes and developmental research. The professional portfolio examines several hypotheses that have been generated to explain why disabled individuals engage in sexually inappropriate behaviour. It also highlights the importance of exploring the aetiology of this behaviour. Four case reports are presented.

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Strengthening links between school and community is critical for improving people's participation in environmental issues. However, Mexican education programmes are generally unrelated to rural students' life experience and are planned without considering either teachers' or students' opinions. This article describes the participatory construction of a preparatory school environmental education (EE) programme in Ixtlan de Juarez, a Mexican indigenous community internationally recognised for sustainable forest management. The qualitative research methods used are based on the action research methodology. Results from interviews conducted with the preparatory school's headmaster, the coordinator, and nine teachers provided the needed documentation of the school site for contextualising learning activities. Feedback during focus groups with six students, three teachers, five local communal authorities, and two researchers highlighted that all participants perceived the need for creating an educational programme focused on local forest management. The contents and activities of the programme were designed by the focus group's participants. The programme has been continuously taught by teachers and forest workers since 2005 and was officially integrated with the preparatory school science curriculum in 2006. This participative educational experience has thus transformed the mandatory school curriculum in Ixtlan.

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The mandatory use of routine outcome measurement (ROM) has been introduced into all public sector mental health services in Australia over the past 6 years. Qualitative processes were used to engage consumers and carers in suggesting how the measures can be used in clinical practice. The project involved an audit by survey, followed by a range of interactive workshops designed to elicit the views of consumers, carers and clinicians, as well as to involve all parties in dialogue about ROM. In addition, there was engagement of consumers and carers in the training of clinicians in the clinical use of ROM, and in the production of promotional materials aimed at informing consumers and carers about ROM. When consumers and carers have had an opportunity to be involved in ROM they have found it a useful experience, and those who had not been involved can see the potential. Consumers and carers indicated that they believe the greatest opportunity arising from the suite of measures is the use of the consumer self-assessment measure the Behaviour and Symptom Identification Scale (BASIS-32).

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This paper examines what, if any changes should be made regarding certain aspects of the superannuation system. Specifically, it looks at possible changes to the superannuation tax regime, measures intended at increasing superannuation balances, as well as policies aimed at improving the price and availability of retirement income streams. The recommendations of the final report of the Henry Review on these issues are also critically evaluated. The paper finds that a greater targeting of superannuation tax concessions towards middle and lower income earners would make the system more equitable and achieve other desirable goals such as increasing voluntary savings. Furthermore, the available evidence suggests that the current mandatory contributions rate of 9% is adequate, and a higher contributions rate is likely to have more costs than benefits. On the issue of superannuation income streams, the article finds that whilst taxpayers should continue to be allowed to take their superannuation as a lump sum, policies should be implemented to make lifetime annuities more readily available and better value for money. The Henry Review's recommendations on these issues, with some exceptions, are for the most part sound and based on logic.

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Australia’s superannuation system consists of individual retirement accounts that cannot be accessed until the taxpayer reaches the legislated preservation age. Most of the deposits to these accounts are the mandatory contributions that employers make. Some of the claimed justifications for superannuation are weak. Specifically, claims that superannuation is necessary to prevent a looming ageing crisis and is justified on the grounds of intergenerational equity lose much of their force when examined in the context of substantially higher future incomes. One of the justifications for superannuation that has merit is that it helps promote income smoothing. Although there are some strong arguments for retirement policies that help promote income smoothing, given the long term trend towards income inequality, there are also convincing arguments towards an emphasis on retirement policies that distribute incomes more equally. If income smoothing is on balance seen as a desirable goal then there is merit in Australia’s superannuation system being complemented by a fully funded government run defined benefits scheme.

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Over the past two decades, considerable political rhetoric has focused on the need to get tough on crime. Justification for this hard-line approach has been the public's apparent concem about rising crime rates and its increasing dissatisfaction with criminal sentencing. In this paper, we consider characteristics both of the measurement of public opinion and of the influences upon public opinion that may contribute to the depiction of a fearful, punitive community. In particular, we identify sources of bias in the methods and contexts of opinion-polling that promote a distorted representation of the discrepancy between community expectations of sentencing and the practices of the judiciary. We argue that the practices of pollsters, politicians, and media combine to create a self-sustaining obstacle to considered community discussion of crime and criminal sentencing.

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The Bangladesh Bank is now encouraging corporate social responsibility (CSR) disclosure by banks however the adoption of CSR remains voluntary and not mandatory. The aim in this paper is to determine the nature and extent of corporate social responsibility disclosure in the banking sector in Bangladesh, and to assess the need to improve corporate social responsibility by such organisations. We observe, from our content analysis of the annual reports of three cases studies within the banking industry of Bangladesh, that corporate social responsibility disclosures focus on initiatives undertaken to support two critical two sectors within Bangladesh's economy. agriculture and the SME sector. Further disclosures address contributions and donations made by the banks to support underprivileged sections of Bangladesh society including destitute youth and women. Of the three cases examined in this study, two are relatively new entrants to the banking sector. We observed that the newest firm, incorporated in 1999, made no disclosures in regards to its corporate social responsibility and, as a consequence, conclude that the corporate governance mechanisms in this firm are likely to be unsophisticated.

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The topic of sex offender rehabilitation frequently evokes fierce reactions, ranging from strident demands for harsher sentences contrasted with calls for more imaginative and compassionate sentencing options. There seems to be a polarization of positions centred on the question of offenders' moral standing: are they moral strangers or fellow travellers? This fundamental disagreement about offenders' moral status is at the core of a number of independent, although related current practice and research issues confronting the field, namely: (1) risk management versus strength-based treatment approaches; (2) the utility of utilizing individually tailored versus manual-based programmes for offenders; (3) focusing on the technical aspects or therapy as opposed to relationship and therapist factors (what has been called process issues); and (4) the conflict between protecting the community versus promoting the interests of offenders. In this paper I suggest that an approach to sex offender treatment based on a combination of human rights theory (an ethical resource) and strengths-based approaches can help us navigate our way through the above dilemmas in a way that addressees both the needs of offenders and those of the community.

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Most sonographers are in favour of professional development; however, in the presence of deterrents and de-motivators, the utilisation of self-direction in their learning may be adversely affected. The mandatory input only nature of CPD and the large number of activities presented to sonographers may also prevent full utilisation of self-direction.