Substituted consent : from lunatics to corpses

This analysis traces the origins and evolution of the doctrine of surrogate or substituted judgment, especially its application to medical treatment, including non-therapeutic sterilisation, decisions regarding life and death choices, and more recently, removal of sperm or eggs from incompetent, dying or dead males and females. It argues that the doctrine, which has been acknowledged to be a legal fiction, has an effect of devolving legal and moral responsibility for life and death choices, as well as non-consensual, non-beneficial intrusive procedures, from the competent decision-makers to the incompetent patient. It focuses on the subjective nature of the substituted judgment standard; the problematic nature of evidence propounded to establish the putative choices of the incompetent person; lack of transparency relating to the conflict of interest in the process of substituted judgment decision-making; and the absence of voluntariness, which is an essential element of a valid consent.

Policy framework for a knowledge society : families and knowledge

My thesis examines the link between families, harm and knowledge in a society where knowledge is increasingly the central organising principle (Bohme 1997: 449-450; Stehr 1994: 6), and represents the capacity for action (Stehr 1994: 8). I observed as a consultant in the 1990s that practitioners in family work were able to articulate what works but often unable to articulate why and therefore unable easily to replicate what works. This time coincided with increasing commentary on complexities of living, capacity of families to cope, identification of the scale of family harm, and use of the term 'the knowledge society'. My aim is to identify why what works, works with families exhibiting harmful behaviours and families acquiring knowledge from learning everyday life skills so as to lead less harmful and more fulfilling lives. And by such explanations inform, replicate and scale up practice to benefit more families exhibiting harm. I conceptualise the outcome as a sequence of family, community and policy work in an ecological framework (Bronfenbrenner 1979) within a knowledge society. My method was a year-long action research project with a family support service in New South Wales. I engaged in reflective practice with workers, and a parallel literature review that supported additional reflective practice. I found growing complexity of life requires growing knowledge. I found a distinction between everyday and abstract life worlds, and with families principally acting in the everyday life world. It is a world from which some families and their members seek to escape, often by means of harmful behaviours of neglect, abuse and violence. I substantiated the link that the family support service of my study sees between relationships, behaviours and affects; and I linked this in turn with its therapeutic engagement of the whole family — adults and children, male and female, victims and perpetrators. This engagement involves a process of learning (Rogers 1967: 280) to acquire fulfilling behaviours. It is a process of adult and experiential learning of relationship skills, drawing on under-used reserves of families. Relationship skills form a basis of acquiring other life skills since most require relationships with others to perform life skills. Combining the sequence of family, community and policy work with workers engaging in reflective practice of their work creates capacity for community institutions to replicate and scale up what works and why. Understanding this sequence may assist community institutions to inform policymakers of benefits common to all policy interests of such replication and scaling up. I conceptualise a policy framework of families and knowledge in a knowledge society and two lower level frameworks of process and content of life skills. Implications of these for practice, policy, and theory include a greater distinction between everyday and abstract knowledge and skills; recognition of a sequential process of information, learning, and knowledge; and inclusiveness and fluidity in learning in diverse adult learning settings and in family support professions.

Recreational value of Southern Bluefin Tuna fishing

Southern bluefin tuna (Thunnus Maccoyii) is a global resource, which is critically endangered. The Committee for the Conservation of Southern Bluefin Tuna sets commercial quota levels for member nations, including Australia, each year. However, southern bluefin tuna is also a popular “trophy” fish with recreational anglers. The size of the total recreational catch, which is not included in the quota, is unknown but thought to be significant. This paper reports the findings of a study designed to estimate the recreational value of the non-commercial southern bluefin tuna catch at Portland, in southwest Victoria. The results indicate that the size of the recreational catch at Portland is considerable and therefore significant in terms of the management of the fishery. Furthermore, the non-market recreational values associated with the fishery are substantial with the on-site recreational use value (consumer surplus) per person per visit estimated to be between $33 and $132 and the on-site annual recreational use value of the fishery for one season is estimated to be between $449,533 and $1,325,124.

Postcolonial theory and cross-culturalism : collaborative ‘signposts’ of discursive practices

This paper is a forerunner of a detailed piece of work. It explores the notions of postcolonial theory and cross-culturalism, and whether they can be regarded as collaborative ‘signposts’ of discursive practices. The aim of this paper is to move beyond the contemporary constructs of race, culture and identification and into the arena of hybridity and multiplicity and the constituting and reconstituting of self. In this discussion, I will first outline the notions of postcolonial theory and cross-culturalism, and then explore focal points of collaborative discursive practices. In doing so, I will discuss perceptions of language and discourse and their relationships to postcolonial theory and cross-culturalism. In the context of this topic, I shall use Australia as an example of a diverse community and English as the language being discussed under the term ‘discursive practices’.

Associations between young children's perceived and actual ball skill competence and physical activity

Objectives: The relationship between actual and perceived object control competence (ball skills) and the contribution to young children’s physical activity is not known.
Design: Cross sectional study.
Methods: The Test Gross Motor Development-2 assessed actual object control competence and a modified version of the Pictorial Scale of Perceived Competence and Social Acceptance for Young Children assessed perceived object control competence. Moderate- to vigorous-intensity physical activity was measured via accelerometry. Three mixed regression models were performed: (i) object control competence as the predictor and the outcome as perceived object control, (ii) perceived object control competence as the predictor and the outcome moderate to vigorous physical activity and (iii) actual object control as the predictor and the outcome moderate to vigorous physical activity. Models adjusted for school clustering, monitor wear time, sex and age. Interactions between respective predictor variables and sex were performed if warranted. A total of 102 children (56% boys, 44% girls) aged 4–8 years (M 6.3, SD 0.92) completed assessments.
Results: Girls had lower perceived and actual object control competence and were less active than boys. Actual object control competence was positively associated with perceived object control competence (B = 0.11, t(96) = 2.25, p < 0.001, p = 0.027) and this relationship did not differ by sex (p = 0.449); however, neither actual (p = 0.092) nor perceived object control competence (p = 0.827) were associated with moderate to vigorous physical activity.
Discussion: Young children’s perceived ball skill abilities appear to relate to actual competence; however, these measures were not associated with physical activity. In older children, object control skill is associated with physical activity so targeting young children’s object control skills is an intervention priority.