17 resultados para Contractual Capacities

em Deakin Research Online - Australia


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To gain the full educational benefits of the major new investments in corporate technologies supporting online teaching and learning it is argued that a strategic, systems based approach to academic professional development (APD) is required. Such an approach requires a clear view of the key areas of potential and enduring teaching and learning benefit which can be realised from online developments, including an understanding of the changing role of the academic teacher in higher education, the identification of the desired professional capacities to educate online, and the implementation of a number of coordinated initiatives to develop these professional capacities in order to engage constructively with the learning and technology opportunities. Based on previous work, we propose a 6three model of Academic Professional Capacities Development for effective APD of online teaching and learning. The model can help inform the actions of policy makers, executives and practitioners in ways that promote an authentic learning organisation.

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To gain the full educational benefits of the major new investments in corporate technologies supporting online teaching and learning it is argued that a strategic, systems based approach of academic professional development (APD) is required. Such an approach requires a clear view of the key areas of potential and enduring teaching and learning benefit which can be realised from online developments, including an understanding of the changing role of the academic teacher in higher education, the identification of the desired professional capacities to educate online and the implementation of a number of coordinated initiatives to develop these professional capacities in order to engage constructively with the learning and technology opportunities. Based on previous work, we propose a '6' by the power of '3' model of Academic Professional Capacities Development for effective APD of online teaching and learning. The model can help inform the actions of policy makers, executives and practitioners in ways that promote an authentic learning organisation.

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There are practical initiatives which can be taken by university management to move institutions forward by engaging a broad range of staff and in cultivating leadership capabilities in teaching and learning. These initiatives are considered in terms of 12 ‘levers of engagement’ currently being implemented in our university, and shown below. Deakin, as a major flexible education provider, is used as an institutional case study of the role of technology in supporting organisational change in higher education. Many of the levers of engagement are evident in other Australian universities.

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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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Responsible government is often seen as contingent on democracy. Yet despite China's continued lack of notable progress in democratization, recent years have witnessed some limited moves towards responsible governance. In the absence of free elections and other institutional arrangements, how can an authoritarian regime become responsible? This paper turns to the role of ideas and culture in general and contractual thinking in particular for an explanation. Contractual thinking, defined as a particular kind of intersubjective understanding between the government and citizens with regard to their mutual interests, is present in both China's contemporary official discourse on "responsible government" and traditional Chinese culture. Taking a constructivist approach, the paper focuses on two interrelated aspects of the role of contractual thinking in the construction of responsible government. First, it examines how contractual thinking, by helping redefine the identity and interest of the government in line with citizens' loyalty, could allow more responsible government behaviour. It then illustrates that in the case of government irresponsibility, contractual thinking sets the discursive context for rightful resistance from citizens as well as for a more sympathetic reading of such resistance by the government, both of which, the paper argues, could facilitate the development of responsible governance.

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A form of voluntary workplace engagement, communities of practice are characterised in literature as providing entities with the potential to harness the multiplier effects of collaborative processes by building on informal networks within entities. As knowledge building and sharing institutions it would be reasonable to presume that communities of practice activities have been embraced to facilitate a level of connectedness and engagement in a university context. However, evidence from the Australian higher education environment suggests that the enlistment of communities of practice processes by universities faces a number of challenges that are peculiar to academe. We suggest that academic knowledge work practices are significantly different from the business/industry related applications of communities of practice and that an understanding of the unique aspects of such practices, together with the impediments posed by a 'corporate university' model, require acknowledgment before the knowledge building and sharing aspects of communities of practice activities in academia can emerge.

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This paper is based on research to identify common factors that contribute to the effective strategic leadership of teaching and learning centres. The second of three phases of data collection involved a survey of Directors of Australian teaching and learning centres. The data collected were quantitatively analysed using a range of descriptive, parametric and non-parametric techniques. Based on a response rate of 81.6 percent, we present a contemporary, comprehensive and representative quantitative snapshot of Australian teaching and learning centres, as seen through the eyes of their Directors. The time since last restructure, incumbency of the current Director and total Directorship experience of the current Centre Director all have mean values of ‘sometime in the previous one to three years’. Most Centres would consider their work in the areas of ‘recognition and reward’ and ‘professional development of staff’ as high impact functions, and they would be pleased with their efforts in the former area, and wish to perform better on the latter. The principal constraint identified by Centres was ‘lack of staff time’, both in the Faculties and in the Centre, to engage in teaching and learning improvement activities. Overall, Centres feel well included in relevant university committees and other activities.

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Traditionally, a shareholder’s expectation of receiving a dividend has been limited by the discretion the board of directors has to recommend the appropriate amount of payment as a dividend. As a general rule, shareholders will only be entitled to a dividend after the dividend is declared (normally, at the general meeting), or when the actual date arrives for the dividend to be paid. Because courts were traditionally reluctant to interfere with the internal management of companies, the remedies available to shareholders to compel a company to declare a dividend were very limited. As a result, if the directors have decided to withhold dividend payment, courts will only make an order requiring dividends to be paid under very exceptional circumstances. In this article, the authors discuss the case of Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd [2013] NSWSC 235, which is exceptional for the court’s recognition of a shareholder’s contractual right to a dividend. The article analyses the court’s approach, which found that withholding dividend payments was oppressive and unfairly prejudicial conduct of the company. It also discusses the significance of shareh9olders entrenching their rights in a company’s constitution, irrespective of the fact that a company has a statutory right to alter its constitution by way of a special resolution.

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Responsible government is often seen as contingent on democracy. Yet despite China's continued lack of notable progress in democratization, recent years have witnessed some limited moves towards responsible governance. In the absence of free elections and other institutional arrangements, how can an authoritarian regime become responsible? This paper turns to the role of ideas and culture in general and contractual thinking in particular for an explanation. Contractual thinking, defined as a particular kind of intersubjective understanding between the government and citizens with regard to their mutual interests, is present in both China's contemporary official discourse on "responsible government" and traditional Chinese culture. Taking a constructivist approach, the paper focuses on two interrelated aspects of the role of contractual thinking in the construction of responsible government. First, it examines how contractual thinking, by helping redefine the identity and interest of the government in line with citizens' loyalty, could allow more responsible government behaviour. It then illustrates that in the case of government irresponsibility, contractual thinking sets the discursive context for rightful resistance from citizens as well as for a more sympathetic reading of such resistance by the government, both of which, the paper argues, could facilitate the development of responsible governance.