Section 46 of the Trade Practices Act-has the High Court made a "u-turn" on "taking advantage"?

Examination of High Court decisions on misuse of market power in regard to the element of "taking advantage" reveals inconsistency of application. Whilst being consistent regarding the need for a connection between the market power and the impugned conduct, the High Court has not been consistent regarding the degree of connection required. Two streams have developed, one supporting a high degree of connection, the other a lower degree before a firm is found to have "taken advantage" of its market power. Added to this has been the development of the "rational business explanation" which, it is argued, is either used as a defence to a s 46 action or is premised on the higher threshold of connection. Initially the high Court supported the lower threshold. In later decisions, whilst expressing support for the earlier decisions, in application the High Court favoured the higher threshold and at one point the rational business explanation. This trend appears to have been reversed with the most recent High Court decision which indicates substantive support for the earlier s 46 decisions.

An improvement to matchmaking algorithms for middle agents

A question frequently asked in multi-agent systems (MASs) concerns the efficient search for suitable agents to solve a specific problem. To answer this question, different types of middle agents are usually employed. The performance of middle agents relies heavily on the matchmaking algorithms used. Matchmaking is the process of finding an appropriate provider for a requester through a middle agent. There has been substantial work on matchmaking in different kinds of middle agents. To our knowledge, almost all currently used matchmaking algorithms missed one point when doing matchmaking -- the matchmaking is only based on the advertised capabilities of provider agents. The actual performance of provider agents in accomplishing delegated tasks is not considered at all. This results in the inaccuracy of the matchmaking outcomes as well as the random selection of provider agents with the same advertised capabilities. The quality of service of different service provider agents varies from one agent to another even though they claimed they have the same capabilities. To this end, it is argued that the practical performance of service provider agents has a significant impact on the matchmaking outcomes of middle agents. An improvement to matchmaking algorithms is proposed, which makes the algorithms have the ability to consider the track records of agents in accomplishing delegated tasks. How to represent, accumulate, and use track records as well as how to give initial values for track records in the algorithm are discussed. A prototype is also built to verify the algorithm. Based on the improved algorithm, the matchmaking outcomes are more accurate and reasonable.

Power and politics in a system implementation

The central concern of this study is to identify the role of power and politics in systems implementation. The current literature on systems implementation is typically divided into two areas, process modelling and factor based studies. Process modelling classifies the implementation into a linear process, whereas factor based studies have argued that in order to ‘successfully’ implement a system, particular critical factors are required. This literature misses the complexities involved in systems implementation through the human factors and political nature of systems implementation and is simplistic in its nature and essentially de-contextualises the implementation process. Literature has investigated some aspects of human factors in systems implementation. However, it is believed that these studies have taken a simplistic view of power and politics. It is argued in this thesis that human factors in systems implementation are constantly changing and essentially operating in a dynamic relationship affecting the implementation process. The concept of power relations, as proposed by Foucault (1976, 1977, 1978, 1980, 1982), have been utilised in order to identify the dynamic nature of power and politics. Foucault (1978) argued that power is a dynamic set of relationships constantly changing from one point in time to the next. It is this recognition that is lacking from information systems. Furthermore, these power relations are created through the use of discourse. Discourse represents meaning and social relationships, forming both subjectivity and power relations. Discourses are also the practices of talk, text and argument that continuously form that which actors speak. A post-structuralist view of power as both an obvious and hidden concept has provided the researcher a lens through which the selection and implementation of an enterprise-wide learning management system can be observed. The framework aimed to identify the obvious process of system selection implementation, and then deconstruct that process to expose the hegemonic nature of policy, the reproduction of organisational culture, the emancipation within discourse, and the nature of resistance and power relations. A critical case study of the selection and implementation of an enterprise-wide learning management system at the University of Australia was presented providing an in-depth investigation of the implementation of an enterprise-wide learning management system, spanning five years. This critical case study was analysed using social dramas to distinguish between the front stage issues of power and the hidden discourses underpinning the front stage dramas. The enterprise-wide learning management system implemented in the University of Australia in 2003 is a system which enables academic staff to manage learners, the students, by keeping track of their progress and performance across all types of training activities. Through telling the story of the selection and implementation of an enterprise-wide learning management system at the University of Australia discourses emerged. The key findings from this study have indicated that the system selection and implementation works at two levels. The low level is the selection and implementation process, which operates for the period of the project. The high level is the arena of power and politics, which runs simultaneously to the selection and implementation process. Challenges for power are acted out in the front stage, or public forums between various actors. The social dramas, as they have been described here, are superfluous to the discourse underpinning the front stage. It is the discourse that remains the same throughout the system selection and implementation process, but it is through various social dramas that reflect those discourses. Furthermore, the enactment of policy legitimises power and establishes the discourse, limiting resistance. Additionally, this research has identified the role of the ‘State’ and its influence at the organisational level, which had been previously suggested in education literature (Ball, 1990).

Attitudes towards the accounting profession : an Australian perspective

Purpose – This paper aims to examine undergraduate students’ attitudes towards the accounting profession, including accounting as a career, as a discipline, as a profession and perceptions of the work activities of accountants.

Design/methodology/approach – The data set used in this paper was collected via questionnaires. The present study compares several aspects of a prior study of Marriott and Marriott using the Accounting Attitude Scale developed by Nelson.

Findings – Overall, the paper supports the view that exposure to accounting at university does not enhance positive attitudes about accounting as a discipline, but reinforces rule-memorisation, and lack of involvement with conceptual skills or judgement.

Research limitations/implications – The paper only examines students’ attitudes at one point in time and does not attempt to identify whether students’ attitudes change over the period of their study. The paper can only speculate as to why there is a difference between local and international students’ attitude towards the accounting profession. Third, the questionnaire is only administered at one institution. There is a scope to extend this study across institutions as well as conduct a longitudinal study. In order to validate the findings, further research via in-depth interviews with students may help determine the factors that influence students’ attitudes.

Originality/value – The results from this paper are expected to contribute to the body of research by providing accounting educators with insights into how the curriculum may influence students’ attitudes towards the profession, together with implications as to how the profession should be promoted to undergraduate students.

Placing space/time through photography’s old and new technologies

The discovery that an impressively strong 3-dimensional effect in a 2-dimensional photographic representation of natural outdoor scenes occurs when a single camera is directed around one point in the scene, thus drawing into relief the subject of attention and blurring the surrounding space, has important implications for understanding basic processes in 3-dimensional vision. For the development of new ways for generating 3D effects in motion and static representations of scenes we might well learn from photography’s old technologies, as well as digital technologies of the static print, which have yet to release the full impact of their potential in the representation of motion and space.

The development of a conceptual model and self-reported measure of occupational health and safety vulnerability

Injuries at work have a substantial economic and societal burden. Often groups of labour market participants, such as young workers, recent immigrants or temporary workers are labelled as being "vulnerable" to work injury. However, defining groups in this way does little to enable a better understanding of the broader factors that place workers at increased risk of injury. In this paper we describe the development of a new measure of occupational health and safety (OH&S) vulnerability. The purpose of this measure was to allow the identification of workers at increased risk of injury, and to enable the monitoring and surveillance of OH&S vulnerability in the labour market. The development included a systematic literature search, and conducting focus groups with a variety of stakeholder groups, to generate a pool of potential items, followed by a series of steps to reduce these items to a more manageable pool. The final measure is 29-item instrument that captures information on four related, but distinct dimensions, thought to be associated with increased risk of injury. These dimensions are: hazard exposure; occupational health and safety policies and procedures; OH&S awareness; and empowerment to participate in injury prevention. In a large sample of employees in Ontario and British Columbia the final measure displayed minimal missing responses, reasonably good distributions across response categories, and strong factorial validity. This new measure of OH&S vulnerability can identify workers who are at risk of injury and provide information on the dimensions of work that may increase this risk. This measurement could be undertaken at one point in time to compare vulnerability across groups, or be undertaken at multiple time points to examine changes in dimensions of OH&S vulnerability, for example, in response to a primary prevention intervention.

Mental illness and gun violence: lessons for the United States from Australia and Britain

In the United States, the nexus between mental illness and shootings has been the subject of heated argument. An extreme expression of one point of view is that “guns don't kill people, the mentally ill do.” This article seeks to demonstrate the falsehood of this argument, by examining the real-world experience of two comparable societies. Australia and Great Britain are both Anglophone nations with numerous points of commonality with the United States, including high rates of mental illness and significant exposure to popular culture that perpetuates the stigma of the mentally ill as a violent threat. However, in Australia, it is difficult to obtain firearms, and a mentally ill person behaving aggressively is unlikely to be able to harm others. On the contrary, police are almost the only people routinely armed in Australian communities and are often too ready to use firearms against the mentally ill. In Britain, guns are even more difficult to obtain, and operational police are not usually armed. The authors examine statistical data on mental illness, homicide, and civilian deaths caused by police in all three nations. They also consider media and popular opinion environments. They conclude that mental illness is prevalent in all three societies, as is the damaging stigma of “the dangerous madman.” However, the fewer people (including police officers) who have access to firearms, the safer that community is.

Encountering place : tripping to the point

The Nepean Peninsula, a tiny sliver of land at the end of the Mornington Peninsula, Victoria, Australia, has lured humans over eons. Together with the Bellarine Peninsula it forms the gateway to Port Philip Bay at the Heads. It shields the Bay from the tumultuous forces of Bass Strait. Here  generations have been drawn to the seaside, to an inspirational coastal landscape. Today hurtling at 100 km per hour down the Mornington Peninsula Freeway one reaches decision point in less than an hour: the coast road or the inland road? Next looms the junction of the Old Melbourne Road and the Nepean Highway. Another decision: which road will be quicker? Where will the traffic snarl be this time? One is oblivious to the remnant moonah woodland which once covered the land; unaware of the seascape to either side; no longer in tune with the rhythm of the tides. And yet people today still feel that sense of relief and freedom of escape from the metropolis with their first 'sniff of the briny'. Through contemporary accounts and visual material this paper explores the roads that have been travelled to get to the Nepean Peninsula: by land and sea.

Second person : a point of view? The function of the second person pronoun in narrative prose fiction

This thesis looks at the functions and effects of the ‘second-person’ pronoun in narrative prose fiction, with particular focus on the fluidity and ambiguity of the mode that I will call Protean-'you.' It is a mode in which it is unclear whether the ‘you’ is a character, the narrator, a reader/narratee, or no-one in particular—or a combination of these—so that readers find ‘second-person’ utterances at once familiar and deeply strange. I regard the ‘second person’ as a special case of narrative ‘person’ that, at its most fluid, can produce an experience of reading quite unlike that of reading traditional ‘first-‘ and ‘third-person’ narrative. Essentially, this unique experience comes about because Protean-‘you’ neglects to constitute the stable modes of subjectivity that readers expect to find within narrative textuality. These stable modes of subjectivity, modelled on what I will refer to as Cartesianism’s hegemonic notion of the self, have been thoroughly formalised and naturalised within the practices of ‘first-‘ and ‘third-person’ narrative. The Protean-‘you’ form of ‘second-person’ narrative, conversely, is a mode of narrative discourse that puts readers in a place of doubt and uncertainty, its unsettling equivocations forcefully disrupting accustomed, mimetic explanations of narrative and denying us access to the foundational, authorising subject of classical Cartesian thought. Rather than founding a notion of ‘second-person’ narrative and narrative ‘person’ generally on Cartesianism's ‘self-ish’ logic of unified, privatised identity, I turn to C.S, Peirce's notion of the semiotic self and to developments in post-structuralist thought. Essentially, the conception of subjectivity underpinning my arguments is Peirce's proposition that the self is to be conceived of not as a cogito, but as a sign by which the conscious entity knows itself. It is a sign, moreover, that is constantly being re-read, reinterpreted, so that identity is never self-complete. This reconception of subjectivity is necessary because 1 will argue that the effects of Protean-‘you’ arise in some part from a tension between Cartesianism's hegemony and what philosophical pragmatism and post-structuralism glimpse as the actual condition of the human subject—the subject as dispersed and contingent rather than unified and authoritative. Most discussions of ‘second-person’ narrative conceive of the mode in terms of implicit communicative relations, in some measure instituting Cartesianism's notion of the intentionalist self at the centre of literary meaning. I contrast the paradigmatic address model that arises from this conception against a model that approaches the analysis of ‘second-person’ narrative modality in terms of a referential function, that is, in terms of the object or objects referred to deictically by the ‘second-person’ pronoun. Two principal functions of ‘second-person’ textuality are identified and discussed at length. The first is generalisation, which is rarely dissipated altogether, a situation that contributes to the ambiguities of the pronoun's reference in much ‘second-person’ fiction. The second principal function is that of address, that is, the allocutionary function. Clearly, although stories that continually refer to a ‘you’ can seem quite baffling and unnatural, not all ‘second-person’ narratives unsettle the reader. In order to make the ‘second person's’ outlandish narratives knowable and stable, we bring to bear on them in our habits of reading whatever hermeneutic frames, whatever interpretive keys, come to hand, including a large number of unexceptional forms of literary and ‘natural’ discourse that employ the ‘second-person’ pronoun. These forms include letter writing and internal dialogue (i.e., talking to one's self), the language of the courtroom, the travelogue, the maxim, and so on. In looking at the ways in which the radicalising potentials of ‘second-person’ discourse are contained or recuperated, I focus on issues of vraisemblance and mimesis. Vraisemblance can be described as the ‘system of conventions and expectations which rests on/reinforces that more general system of ‘mutual knowledge’ produced within a community for the realisation and maintenance of a whole social world’. All of the forms of the vraisemblable are already instituted within social, cultural relations, so that what vraisemblance describes is the way we fit the inscriptions we read-that is, the way in which we naturalise what we read-into those given cultural and social forms. I also look at the conventionalising and naturalising work done by notions of mimesis in explaining relations between the world, our being in it, and texts, proposing that mimesis provides a principle buttress by which the good standing of the metaphor of ‘person’ is preserved in traditional and pre-critical modes of analysis. Indeed, the critic’s recourse to ‘person’ is in some measure always an engagement with mimesis. Any discussion that maintains that mimesis is in some way productive of meaning-which this thesis in fact does-must identify mimesis as a merely conventional category within practices of reading and semiosis more generally, and at the very least remove that term from its traditional position of transparent primacy and authority. Some of the most interesting and insightful arguments about ‘second-person’ narrative propose that the ‘second person’s’ most striking effects derive from the constitution of an ‘intersubjective’ experience of reading in which the subject positions of the ‘you’-protagonist, reader-narratee and narrator are combined into a fluid and indeterminate multiple subjectivity. Notions of intersubjectivity frequently position themselves as liberating the reader from Cartesianism's fixed, authoritative modes of subjectivity, Frequently, however, they tend implicitly to reinstate Cartesianism's notion of the self at the centre of textual practice and subjectivity. I look at Daniel Gunn's novel ‘Almost You’, at length in this context, illustrating the constant overdetermination of the ‘you’ and the novel's narrating voice, and demonstrating that this overdetermination leaves the origin of the narrative discourse, the identity of the narrator, and the ontological nature of both principal protagonists utterly ambiguous. The fluidity and ambiguity of Protean-‘you’ in ‘Almost You’ is discussed in terms of ‘second-person’ intersubjectivity, but with a view to demonstrating the indebtedness by the notion of intersubjectivity to Cartesianism's hegemony of ‘person’. I then turn to a discussion of what might be a more ‘old fashioned’ if perhaps ultimately more far-reaching approach to the ‘second person’s’ often startling ambiguities. This is Keats's notion of negative capability, a capacity or quality in which a person ‘is capable of being in uncertainties, Mysteries, doubts, without any irritable reaching after fact and reason.’ I suggest that Protean-‘you’ texts will license all of the readings of ambiguity and fluidity proposed in my discussion of ‘Almost You’, but conclude that the instances of indeterminacy illustrate no more than that: the fluidity and deep ambiguity, and thus, finally, the lack of coherence, of Protean-‘you’ discourse. This has particular implications for how we are to consider readers’ experiences of narrative texts. More fundamentally, it has implications for how we are to consider readers as subjects. I suggest that unstable, ambiguous instances of ‘second-person’ narrative can tear the complex and systematic embroidery of ideological suture that unifies Cretinism’s experience or sense of subjectivity, leaving the reader in a condition of epistemological and ontological havoc. I go on to argue that much of the deeply unsettling effect of Protean-‘you’ discourse anises because its utterances explicitly gesture towards Cretinism’s notion of self. Protean-‘you’ involves a sense of address that is much more pronounced than we are accustomed to facing when reading literary narrative, alerting us to the presence of inscribed anthropomorphic subjects. At the very same time, protean-‘you’ leaves its inscribed subjects indeterminate, ambiguous. This conflict generates a tension between the anticipation of the emergence of speaking and listening selves and our inability to find them. I go on to propose that Protean-‘you’ narrative's lack of coherence is also to be understood as the condition of narrative actuality generally, but a condition that is vigorously mediated against by dominant practices of reading and writing, hocusing my discussion in this respect on the issue of narrative ‘person,’ I argue that narrative ‘person’ is constituted within texts as an apparent unity, but that it is in fact, produced as unitary solely within the practice of making sense, that is, Within our habits of reading, and so is never finally unified. I propose that this is the case for ‘first-‘ and ‘third-person’ modes no less than for the ‘second.’ Where ‘second-person’ narrative at its most radical and Protean differs from conventional ‘first-‘ and ‘third-person’ narratives is the degree to which each has been circumscribed by practices of tantalization, containment and limit, and, in particular, Cretinism’s hegemony of ‘person.’ It may be that the most significant insights ‘second-person’ narrative has to offer are to be found within its capacity to reveal to the engaged reader the underlying condition of narrative discourse, and more generally, its capacity to reveal the actual condition of the human subject-a condition in which, exactly like its textual corollary of narrative ‘person,’ the self is glimpsed as thoroughly dispersed and contingent.

Multi-point and multi-level solar integration into a conventional coal-fired power plant

Solar-aided power generation (SAPG) is capable of integrating solar thermal energy into a conventional thermal power plant, at multi-points and multi-levels, to replace parts of steam extractions in the regenerative Rankine cycle. The integration assists the power plant to reduce coal (gas) consumption and pollution emission or to increase power output. The overall efficiencies of the SAPG plants with different solar replacements of extraction steam have been studied in this paper. The results indicate that the solar thermal to electricity conversion efficiencies of the SAPG system are higher than those of a solar-alone power plant with the same temperature level of solar input. The efficiency with solar input at 330 °C can be as high as 45% theoretically in a SAPG plant. Even the low-temperature solar heat at about 85 °C can be used in the SAPG system to heat the lower temperature feedwater, and the solar to electricity efficiency is nearly 10%. However, the low-temperature heat resource is very hard to be used for power generation in other types of solar power plants. Therefore, the SAPG plant is one of the most efficient ways for solar thermal power generation.

Single-point isotope measurements in blood cells and plasma to estimate the time since diet switches

1. Understanding ecological phenomena often requires an accurate assessment of the timing of events. To estimate the time since a diet shift in animals without knowledge on the isotope ratios of either the old or the new diet, isotope ratio measurements in two different tissues (e.g. blood plasma and blood cells) at a single point in time can be used. For this ‘isotopic-clock’ principle, we present here a mathematical model that yields an analytical and easily calculated outcome.

2. Compared with a previously published model, our model assumes the isotopic difference between the old and new diets to be constant if multiple measurements are taken on the same subject at different points in time. Furthermore, to estimate the time since diet switch, no knowledge of the isotopic signature of tissues under the old diet, but only under the new diet is required.

3. The two models are compared using three calibration data sets including a novel one based on a diet shift experiment in a shorebird (red knot Calidris canutus); sensitivity analyses were conducted. The two models behaved differently and each may prove rather unsatisfactory depending on the system under investigation. A single-tissue model, requiring knowledge of both the old and new diets, generally behaved quite reliably.

4. As blood (cells) and plasma are particularly useful tissues for isotopic-clock research, we trawled the literature on turnover rates in whole blood, cells and plasma. Unfortunately, turnover rate predictions using allometric relations are too unreliable to be used directly in isotopic-clock calculations.

5. We advocate that before applying the isotopic-clock methodology, the propagation of error in the ‘time-since-diet-shift’ estimation is carefully assessed for the system under scrutiny using a sensitivity analysis as proposed here.

Explaining organizational investment in CRM point solutions

This paper asks why organisations invest in non-integrated CRM point solutions when many of the benefits of enterprise systems are claimed to be due to integration of processes and information. This paper identifies six factors that explain why organisations invest in CRM point solutions: reduced risk; lower cost; quick benefits realization; low integration ability, low interdependence of business units, and high business-unit differentiation. The evidence suggests that when interdependence between parts of an organization is low, possibly due to one unit producing a clearly differentiated product, the attractions of lower risk, lower cost, and/or faster access to the benefits are likely to induce organizations to adopt CRM point solutions. The contribution of this study is that it recognizes that, and explains why, it is not always optimal for organizations to adopt integrated CRM solutions.

Cloud-point extraction of phenanthrene by nonionic surfactants

Extraction and preconcentration of the model polycyclic aromatic hydrocarbon (PAH), phenanthrene, in aqueous solutions by two different kinds of nonionic ethoxylated alcohols, Tergitol 15-S-7 and Neodol 25-7, as extractants was studied at ambient temperature (22°C). Both surfactants have almost the same numbers of hydrocarbons and ethylene-oxide (EO) units, but differ in the location of the alcohols. Neodol 25-7 is a primary alcohol, while Tergitol 15-S-7 is a secondary one. The extraction process is based on the clouding phenomena of these two nonionic surfactants. Addition of sodium sulfate or sodium phosphate could decrease the cloud point temperatures of the surfactant solutions below the ambient temperatures, so that the cloud-point extraction process could be facilitated. Increasing the salt concentration or decreasing the surfactant concentration could improve the preconcentration factor, which is attributable to the decrease in the volume of surfactant-rich phase. Consequently, the recovery efficiency higher than 96% was achieved for phenanthrene in aqueous solution.

‘No one will ever know...’ : the Holocaust, ‘privileged’ Jews, and the ‘grey zone’

This paper explores the problems of judgement and representation in relation to Jewish victims of the Holocaust who occupied so-called privileged positions in the camps and ghettos. Such figures, forced to act in ways that have proven controversial both during and after the war, faced unprecedented ethical dilemmas under Nazi persecution. Taking Auschwitz survivor Primo Levi’s highly influential essay on the ‘grey zone’ as a point of departure, I examine the extreme situations confronted by prisoner doctors, an important – though little discussed – category of ‘privileged’ Jews. Investigating the synergies between history, memory and film, I focus particularly on the case of Gisella Perl, a prisoner doctor whose experiences in Auschwitz-Birkenau are represented in her memoir and a recent fiction film. The emotionally and morally fraught circumstances of prisoner doctors can never be fully understood, yet reflecting on the double binds they faced, and acknowledging the inherent problems involved in representing and judging them, enables a nuanced approach to the moral complexities of the Holocaust.