Prosecuting corporations and officers for industrial manslaughter-recent Australian developments

There have been concerns for some time about whether breaches of duty that cause a worker's death are appropriately dealt with under occupational health and safety legislation, or whether criminal prosecution is warranted in those cases involving recklessness or gross negligence. Defaulting employers are rarely prosecuted under existing criminal laws and there are serious doctrinal barriers to finding a corporation guilty of mens rea offences.
The Australian Capital Territory leads the way in Australia with the recent introduction of new criminal offences of industrial manslaughter for corporations and their senior officers. These laws rely on concepts of corporate liability based on organisational responsibility and corporate culture in the model Criminal Code Act 1995 (Cth) , thus avoiding the limitations of the identification doctrine. Other active Australian jurisdictions, whilst initially open to the notion of industrial manslaughter laws, have preferred to make changes to existing OHS laws to deal with the problem of workplace fatalities.
Whilst it has its limitations, and applies only in Australia's smallest jurisdiction, the Australian Capital Territory legislation reflects a commitment to treating workplace deaths with the seriousness they deserve, and making it easier to prosecute corporations whose operations are conducted recklessly or with gross negligence.

Criminal responsibility based on complicity among corporate officers

In a 2001 Issues Paper entitled 'Sentencing: Corporate Offenders', the New South Wales Law Reform Commission outlined a number of reasons for not ascribing liability to individuals within a corporation for unlawful acts arising from the operation of the corporation. One of the reasons raised in the Issues Paper, a reason traditionally used to avoid liability being imposed on individuals for corporate crimes, is that it is conceptually difficult to look behind the form to the substance of a corporate crime in order to establish liability for individual acts, when on the surface the unlawful conduct was caused by a corporation as a collective body. In this article, the authors challenge this position by suggesting that the doctrine of complicity can be used to [*2] pierce the corporate veil and direct criminal liability to those individuals who control the actions of the company. This proposition that company officers can be found liable pursuant to the principles regarding accessorial responsibility is not novel. However, what is unusual is the infrequency with which this wide ranging doctrine is applied in the corporate setting. The focus of this article is to underline the relevance of this doctrine to corporate offenders and, in the process, to assert that the problems of punishing corporate offenders are in principle no different to punishing other crimes which are committed by more than the one offender and can be addressed by the proper application of existing legal principles.

Child abuse investigation: an in depth analysis of how police officers perceive and cope with daily work challenges

Purpose: The purpose of the current study was two-fold: to explore police officers' perceptions of the daily challenges involved in child abuse investigation and how those challenges affect their ability to undertake child abuse investigations, and to explore how these challenges are managed on a daily basis. Design/methodology/approach: This study employed a qualitative research design. In-depth interviews were conducted with a diverse sample of 25 police officers working in child abuse units across three Australian states. Findings: Inductive thematic analysis revealed that heavy caseload and collaboration with other professional groups are two key sources of negative work stress frequently associated with child abuse investigation. Further, despite the provision of organisational strategies aimed at reducing work stress, the officers tended to rely predominantly on informal coping mechanisms.  Research limitations/implications: This study has raised many questions for further research aimed at developing interventions to assist police organisations in managing work stress. Originality/value: This paper provides an in-depth analysis of the key challenges associated with child abuse investigation and the coping mechanisms employed for overcoming these challenges from the unique perspective of police officers authorised to investigate child abuse.

Police officers' and legal professionals' perceptions regarding how children are, and should be, questioned about repeated abuse

This study explored the perceptions of police officers and legal professionals (i.e., prosecutors, defence lawyers and a judge) about (a) what particularisation is, (b) the type of information that is required for particularisation to occur, and (c) how particularisation is best achieved in cases of repeated child abuse. The professionals' perceptions (all experts in this area) were elicited via individual in-depth semi-structured interviews. While all participants acknowledged the importance of particularisation, the views of the police officers varied in several important ways to those of the other professionals. Overall, the police officers perceived that highly specific details (such as the location, date and time of the offence) are essential for particularisation to occur, and that maximising the number of separate offences and specific details about each offence increases the chance of successful prosecution. In contrast, the legal professionals perceived that the primacy goal of the police officers should be to elicit a free-narrative account of one or more offences. A high proportion of specific questions was perceived to negatively impact on the child's credibility by contaminating the evidence. The implications of these findings are discussed.

Predictors of wellbeing experienced by Australian police officers

The aim of this study was to assess the ability of the Demand-Control-Support (DCS) model as well as the psychological contract model (PCM) to predict the wellbeing experienced by 2,566 Australian police officers. While the level of explained variance attributed to the PCM was substantially less than the DCS, measures of contract breach and organisational fairness still captured significant portions of intrinsic and extrinsic job satisfaction. Overall, the results of this study suggest that both the DCS and the PCM should figure prominently in strategies aimed at reducing or preventing police stress.

Sveta Bogorodica (The Church of the Holy Mother), Zavoj, Macedonia : writing about an insignificant vernacular building

Sveta Bogorodica (Church of the Holy Mother), Zavoj, is a small church built in 1934 in a village in the Republic of Macedonia. It presented a quintessential architectural division between a richly ornamented interior and a pure white formal exterior. The paper will examine the question of tradition in relation to architecture. What of the formal Byzantine architectural tradition is inherited in this folk vernacular church building? Secondly, tradition as an inherited liturgical ritual and ceremony. How are these two forms of tradition autonomous or intertwined, and how the question about transcendence in architecture pursued in the 2005 paper on Hagia Sofia might be understood within the parameters offered by this church building, will be explored in the paper .

What makes a good investigative interviewer of children? A comparison of police officers' and experts; perceptions

Purpose – The purpose of this paper is to examine police officers’ perceptions about their role in interviewing children, and to compare these perceptions with those of child eyewitness memory experts.

Design/methodology/approach – A diverse sample of 23 police officers (from three states of Australia) individually participated in in-depth interviews where they were asked to define what makes a good interviewer in the area of child abuse investigation.

Findings – Irrespective of the background of the officers, the important role of interviewers’ personal attributes was emphasised (e.g. having a relaxed, empathetic, warm nature). Such personal attributes were more prominent in the participants’ descriptions than knowledge of legislation and children’s
development, prior job experience, and interviewing techniques.

Research limitations/implications – The paper shows that while child eyewitness memory experts acknowledge the importance of establishing a bond of mutual trust between the interviewer and the child, the importance of utilising an open-ended questioning style for enhancing rapport, and
for eliciting a detailed and accurate account of abuse cannot be overstated. The possible reasons for the police officers’ emphasis on personal qualities are discussed.

Originality/value – This paper has revealed that limitations in the competency of police officers in interviewing children is not merely a problem of “doing” (i.e. learning to ask open-ended questions),
but may also reflect ingrained attitudinal and organisational barriers.

What criteria do police officers use to measure the success of an interview with a child?

This study used a mixed-methods approach to explore the perceptions of a heterogeneous sample of 75 police interviewers regarding their performance in a mock interview with a 5-7-year-old child. Each officer recruited for this study was authorised to conduct investigative interviews with children. Specifically, we explored how the officers' perception of what makes a good interview differs depending on their background experience and their (perceived and actual) ability to adhere to best-practice interview guidelines. Overall, the officers' perceptions of what constitutes an effective interview were not entirely consistent with those held by experts in forensic interviewing. The majority of the interviewers perceived that the locus of control in the interview rested primarily with the child and/or the environmental setting. In contrast, experts tend to place the central onus of responsibility for the outcome of an interview on the skill of the interviewer in using open-ended questions. Several possible explanations for, and the implications of, these findings are discussed.

Roles, responsibilities and futures of chief information officers (CIOs) in the public sector

This paper discusses in its entirety, the CIO (Chief Information Officer) position in the public sector. Governments are increasingly adopting Information Technology for internal processes and for the delivery of service to their citizens. It includes literature on CIO roles and responsibilities which is heavily based on the private sector, due to the recognition of the role in this sector over twenty years. The position is just evolving in the public sector, and due to the context in which the public sector operates there are some similarities as well as vast differences. An evaluation of existing CIO models and theories form the basis for research on CIO roles, responsibilities and future within the public sector.

A case study of child sexual abuse within a Church community

A case study is presented of child sexual assault within a church community. How does a church community deal with the accusation of an adolescent female that-as a 13-year old-she was sexually victimised and assaulted by her then 18-year old boyfriend, five years her senior? Practical and pastoral issues, as well as ethical and legal concerns are addressed. Consideration is also given to the theological context of the church environments in which the situations arise. The implications for victims, perpetrators, leaders, and the church community of our actions-and failure to take appropriate action-are described, along with recommendations for prevention, and best practice in dealing with the sexual abuse of minors within church communities.

An urgent challenge: new training opportunities for junior medical officers

There will be a massive increase in the number of medical school graduates over the next 5–10 years — there were 1287 Australian resident graduates in 2004, and there will be more than 3000 by the middle of the next decade.

A workshop held during the 11th National Prevocational Medical Education Forum explored ways to provide the additional prevocational training posts that will be required.

Four possible sites for additional training posts were discussed:
         • expansion of public hospital training posts;
         • general practice;
         • private hospitals; and
         • other sites, including private rooms and community placements.

Current accreditation procedures will need to be amended to accommodate more interns.

There will be limited access to prevocational training posts for non-resident (full-fee-paying) graduates and international medical graduates.

There is an urgent need for postgraduate medical councils, state health departments, the federal government, and medical boards to work together to identify, develop and accredit new training posts.