Creating an Innovation Exception? Copyright Law as the Infrastructure for Innovation

Innovation is clearly essential for economic growth, cultural development and personal autonomy. Yet the relationship between innovation and copyright law in Australia is uncertain and perhaps overly restrictive. After the Australia-United States Free Trade Agreement Australia now has a copyright regime that can broadly be
described as a lock up and lock out scheme. Whilst the Australian Government has paid lip service to innovation the Australian Copyright Act, which provides the essential legal infrastructure for innovation, now privileges the rights of owners over the interests of the public. In particular, the Copyright Act neglects to create a specific exception for technology innovation. If there is to be some coherence in Australia
thinking with regards to innovation and copyright policy it is crucial that such an exception be created. Arguably, it is possible that such an exception can withstand the scrutiny of the three step test. At present the only ‘exception’ that can be said to exist is in the form of the limits of the authorisation liability provisions or the ISP safe harbour scheme. Australian copyright law needs something more substantial than that
and needs for there to be a clear hierarchy between the exceptions and the liability provisions.

Alcohol-related crime in city entertainment precincts: Public perception and experience of alcohol-related crime and support for strategies to reduce such crime

INTRODUCTION AND AIMS: Bars, pubs and taverns in cities are often concentrated in entertainment precincts that are associated with higher rates of alcohol-related crime. This study assessed public perception and experiences of such crime in two city entertainment precincts, and support for alcohol-related crime reduction strategies. DESIGN AND METHODS: A cross-sectional household telephone survey in two Australian regions assessed: perception and experiences of crime; support for crime reduction strategies; and differences in such perceptions and support. RESULTS: Six hundred ninety-four people completed the survey (32%). Most agreed that alcohol was a problem in their entertainment precinct (90%) with violence the most common alcohol-related problem reported (97%). Almost all crime reduction strategies were supported by more than 50% of participants, including visitors to the entertainment precincts, with the latter being slightly less likely to support earlier closing and restrictions on premises density. Participants in one region were more likely to support earlier closing and lock-out times. Those at-risk of acute alcohol harm were less likely to support more restrictive policies. DISCUSSION AND CONCLUSIONS: High levels of community concern and support for alcohol harm-reduction strategies, including restrictive strategies, provide policy makers with a basis for implementing evidence-based strategies to reduce such harms in city entertainment precincts. [Tindall J, Groombridge D, Wiggers J, Gillham K, Palmer D, Clinton-McHarg T, Lecathelinais C, Miller P. Alcohol-related crime in city entertainment precincts: Public perception and experience of alcohol-related crime and support for strategies to reduce such crime. Drug Alcohol Rev 2015].

Patient-controlled intranasal fentanyl analgesia: a pilot study to assess practicality and tolerability during childbirth

Background: Intranasal administration of fentanyl is a non-invasive method of analgesic delivery which has been shown to be effective. This pilot study aimed to assess the practicality and tolerability of patient-controlled intranasal fentanyl for relieving pain during childbirth. Methods: This prospective, non-randomised, clinical trial recruited women with a singleton pregnancy during November 2009 to October 2011. Exclusion criteria included respiratory disease, gestation <37 weeks and pregnancy complications. The device administered fentanyl 54 lg per spray, incorporating a 3-min lock-out. Data collected included demographics, dose, additional analgesia, adverse events, pain relief and delivery outcomes. Follow-up data were obtained within 48 h regarding tolerability of the device. Results: The final sample included 32 women: mean age was 28.7 years and gestation 39.8 weeks. Mean fentanyl dose was 734 lg and duration of use was 3.5 h. Most women (78.2%) reported satisfactory to excellent pain relief using the nasal device. Four neonates (12.5%) required bag-mask ventilation at birth: three had adequate respiration within 5 min and one required short-term observation in the special-care nursery. For all items, there was a trend towards an adverse outcome, including neonatal respiratory support, as the dose of fentanyl increased. On follow-up, 84.4% reported they would use intranasal fentanyl for their next childbirth experience. Conclusions: Patient-controlled intranasal fentanyl provides an acceptable level of analgesia during childbirth. It may, however, increase the risk of neonatal respiratory depression. Future, randomised studies should evaluate the safety and efficacy of patient-controlled intranasal fentanyl compared with existing analgesia options.

When our children come out : how to support gay, lesbian, bisexual and transgendered young people

Powerful and moving accounts from young people, parents and teachers on the important support that families, schools and communities can provide when children come out.

Working out intimacy: young people and friendship in an age of reflexivity

Drawing upon a longitudinal, interview-based study of Australian secondary school students, this article explores young people's friendship experiences and attitudes to intimacy and the interpersonal. The discussion develops in relation to the work of Anthony Giddens on detraditionalisation and reflexivity, and Nikolas Rose on modernity and the self. First, I argue that feminism and psychotherapeutic ways of constituting and knowing the self are reconfiguring the cultural meanings of intimacy. Second, I suggest that this reworking of intimacy has differential and uneven effects and has particular consequences for the production of gendered subjectivities. Third, I raise some critical questions about the extent to which either Giddens's or Rose's account can properly capture the gendered and situated experiences of intimacy. I offer examples in which gender is being rearticulated in new yet familiar ways and note some persistent tensions in desires for connection and community versus autonomy and freedom. Carol Gilligan's work on gender differences in orientations to autonomy and connection is briefly revisited. Overall, it is argued that we need to take more account of how class, location and schooling differences influence dispositions to friendship and the interpersonal, and this is elaborated through a discussion of the 'relationship orientations' of two white Australian young men.

Still plucking figures out of the air? Markarian and the affirmation of the instinctive synthesis

The High Court of Australia recently had the opportunity to reconsider the appropriate sentencing methodology to be adopted in the sentencing of offenders under Australian criminal law in the case of Markarian v The Queen. The High Court had to decide whether to continue with the instinctive synthesis approach to sentencing or a process that exposed in greater clarity the basis upon which sentencing was to occur. Ultimately, a majority of the Court favoured the continuance of the instinctive synthesis approach to sentencing in criminal cases. The article will consider the decision in Markarian and the implications that it will have for the sentencing of offenders in the States and Territories of Australia.

Bringing shared values out of the shadows

As part of its wider promotion of a world that is peaceful and tolerant, the United Nations declared 2005 the International Year of Sport and Physical Education. At the fore of the UN's proclamation was recognition of the important role sport and PE play in nurturing the health and harmony of society. Sport and PE, the UN declared, provide important nodes for social connection around which shared values and understandings can be formed. In the wake of the UN's endorsement of the role that sport and PE can play in fostering social and emotional development, it is more important that ever that we reflect on and refine our practices towards this end. This paper draws on two research narratives to illustrate how easily this potential can be undermined. Indeed, behind some of the wonderful opportunities for connection that exist through a participation in PE and sport exists a dark shadow of alienation and oppression. The challenge raised through this paper centres on the need for PE teachers and coaches to work deliberately and strategically towards the cultivation of inclusive, tolerant and responsible forms of participation, and not leave their development to chance.

Reconstituting the invisible out of structure and repetition: a walk through diary V3.2.

This presentation will discuss the production of an interactive personal diary constructed in digital form as an interactive CD-Rom: Diary V 3.2. This diary was conceived as a digital version of the family photo album of the artist's nuclear family, which unfortunately disintegrated during 4 years of the diary's making. As a result Diary V 3.2 became more a documentation of the mood and state of mind of the maker than the family it began to focus on. It acted more as a trace or a remnant of mood, an artifact of loss. This was communicated not so much through narrative but ideas of loss and erasure. Another layer to this work concerns the migration of images, technique from the old analogue technology to the new digital technology which can act as a replay of the migrant experience.

The square from inside out: Federation Square, Melbourne

This XXlst Annual Conference of SAHANZ offers a timely opportunity for celebrating and critically reflecting on Federation Square, Melbourne - a project that continually crosses the line between the purely experimental and the built form (A Benjamin, 2003) and offers an opportunity to identify and investigate the different, often competing, limits within the discipline of architecture. Here in this project, considered by the city of Melbourne to point to its future aspirations; and by the RAIA as demonstrating 'the strength of design and the leap into the unknown which is where good design always comes from' (I McDougall, 2003), different approaches to the possibilities of 'limit' as a contemporary concern can be fruitfully explored. Architectural masterpieces are daringly imaginative and each in their own way challenges architects, engineers, builders and technologists - those who are to realise the dream - and makes administrators, politicians and governments put their credibility on the line. So how does Federation Square contribute to contemporary architectural debate, specifically to Melbourne architecture? How has it dealt with thresholds? Where has It approached, crossed and/or exceeded boundaries? This paper will deal with design aesthetics in the realisation of the Lab architects 'vision' in the context of historical, urban and political realities. Analysis will provide insights into the limitations imposed upon this architectural project and the limitations it now, in turn, imposes on the city. Two aspects will be dealt with: understanding Lab's overall vision, and juxtaposing the vision with the reality of Federation Square. The author's interview with Don Bates, principal Lab architecture studio, forms the frame argument about Federation Square in this paper.

Casing out teaching and learning online: enhancing fidelity into the mainstream

In this paper we present the rationale and outcome of a University strategically funded project aimed at developing a broad range of cases illuminating good practices in the development and use of digital media and online technologies at Deakin University. The project is aimed at supporting the ongoing implementation of the University’s suite of e-learning technologies, Deakin Studies Online (DSO). It was seen as a significant strategic academic professional development initiative by the University in bringing together perspectives on effective teaching and learning in the context of various disciplines and professional fields of practice, with DSO possibilities for enhanced teaching/learning quality, efficiency, accessibility and satisfaction. The ‘case’ as a useful means of developing practice is outlined, along with the various project processes involving case selection, development, production and promotion. Finally, reflections on the outcomes of the project are considered. A number of positive though largely unintended consequences are identified

Reaching out to promote physical activity in Australia: a statewide randomized controlled trial of a stage-targeted intervention

Purpose. This study examined the broader use of a print-media intervention, which was previously shown to be effective at promoting physical activity to participants recruited from a regional Australian community, as a strategy suitable for a more diverse statewide population sample.
Methods. Participants were randomly selected adults who responded to a telephone interview conducted by the New South Wales Health Department and consented to Participate in a randomized controlled trial. Consenters were allocated to either intervention (n = 361) or control (n = 358) conditions. The intervention, a personalized letter plus stage-targeted booklets, was sent 1 week postbaseline. Data were collected via telephone interview at baseline and 2 and 8 months and were analyzed using repeated measures analysis of variance (ANOVA) and mean squared statistics.
Results. The groups were similar at baseline (mean age 43 +/- 3 years; 64 % women). Process evaluation showed high intervention recall (76 % at 2 months) and high follow-up response rates (> 85 % at 8 months) were achieved. Nonsignificant increases in physical activity were observed (Fl,719 = 2.18, p = .14).
Discussion. A single mailing of stage-targeted print materials was not effective in promoting increases in physical activity among participants selected from the statewide population. Future research could examine how the effectiveness of print media might be enhanced, possibly by using supplementary media, community-based prompts, or other incentives.

Getting out of deficit: pedagogies of reconnection

The fact that children growing up in poverty are likely to be in the lower ranges of achievement on standardised literacy tests is not a new phenomenon. Internationally there are a myriad of intervention and remedial programmes designed to address this problem with a range of effects. Frequently, sustainable reforms are curtailed by deficit views of families and children growing up in poverty. This article describes an ongoing research study entitled "Teachers Investigate Unequal Literacy Outcomes: Cross-Generational Perspectives", which made teacher researchers central in examining this long-standing dilemma. It outlines the research design and rationale, and analyses how two early career teachers worked their ways out of deficit analyses of two children they were most worried about. It argues that disrupting deficit discourses and re-designing new pedagogical repertoires to reconnect with children's lifeworlds is a long-term project that can best be achieved in reciprocal research relationships with teachers.

Jurisdictional differences in contracting out GBE audits : the impact on audit pricing

This paper examines audit costs for government business enterprises in various Australian jurisdictions, focusing on whether contracting private-sector suppliers induces competitive pricing and hence lower-priced audits. One jurisdiction (New South Wales) is shown to have low levels of contracting-out. It is argued that this lowers price competition and therefore, we predict, audit costs in NSW will be higher than elsewhere in Australia. An empirical comparison shows that, controlling for other factors, NSW is statistically significantly more expensive than other Australian jurisdictions. Alternative explanations relating to variation in audit quality, jurisdiction differences and relative cost are also discussed.

Drop out from behavioral management training programs for ADHD: a prospective study

To investigate dropout from parenting programs for disruptive behavior disorders, we followed 18 clients prospectively from the beginning of a manualized treatment program to three month follow-up. Using qualitative and quantitative methods, we then compared those who dropped out of the program with those who completed it. We found that in general, those participants who dropped out of the program were parents of children with more disturbed behavior, who perceived their children to be more difficult than others, and who experienced more subjective parenting stress. Those who dropped out were also not convinced that the strategies proposed in the program to help manage their children were useful. On the other hand, those who completed the program reported a determination to persevere with the strategies which they saw as assisting them to re-establish positive relationships with their adolescent children. The findings are discussed in the context of how manualized programs might be modified to increase retention.

Understanding women's breast screening behaviour: a study carried out in South East London, with women aged 50-64 years

Objective To understand low uptake of breast cancer screening through exploring the personal reasoning underlying women's attendance or non-attendance, and identifying differences between those who attend and those who decline.

Design Cross-sectional survey.

Setting Community and home environments of women eligible for breast screening aged 50—64 years, living in South East London. Method Structured, self-completed or assisted-completion questionnaires.

Results The decision to attend or decline screening is rational and personally justifiable, engaging factors linked to emotions and attitude. Attitudes about breast screening and perceived personal importance of breast screening are the strongest predictors of attendance and non-attendance. There are differences between ethnic groups in perceptions of breast screening. Regular attendance at screening is associated with ethnicity, although consistent avoidance of mammography is not. Inconvenience is an important factor in missing appointments, and tends to be prolonged rather than specific to the time or day of the pre-booked invitation. GP and health worker advice are good persuaders towards attendance. Pain and anxiety during mammography are notable dissuaders against re-attending.

Conclusion Appropriate service provision requires consideration of local factors, as well as the medical needs of the population eligible for breast screening. Lay perceptions of potential personal costs of attending or not attending breast screening are important for guiding health promotion. Information providers should consider the language needs of a culturally and educationally mixed community. Health care professionals are well placed to encourage uptake of breast screening through disseminating information that promotes attendance, both within and outside the breast screening service.