Moral rights and substantiality: some questions of integration

Now that Australia has its long awaited legislation protecting the moral rights of authors, a new phase in the development of the rights begins. It must be asked how the incorporation of the rights into the existing copyright legislation, and their subjection to existing doctrines, will affect their operation. And how will existing doctrines be challenged and extended by the existence of the rights? Ultimately these questions will be worked out in the courts. The present article offers a consideration of one area where the legislature has purported to integrate moral rights into the existing scheme but where the practicalities oftheir integration are still unclear. It examines the interplay of moral rights with the doctrine of substantiality, suggesting that any clarification of what substantiality means in the moral rights context will be contingent upon the emergence of more precise definitions of what moral rights are and what interests they are intended to protect.

Translating difference: questions of representation in cross-cultural research encounters

This paper addresses questions of cross-cultural communication and represen tation as they arose in a longitudinal research project which sought to learn about the lives and concerns of older women. It focuses on the translations and mistranslations that occurred in narrative workshops where Australian researchers, who did not speak Vietnamese, worked with Australian Vietnamese women aged 55-74 and a translator to produce video diaries of the older women's everyday life. A number of workshop interactions around storytelling are examined to document the complexities that can arise when communities meet and interact across cultures. The aim is to 'come clean' about the problems of trying to conduct research without a common language and to suggest just how difficult translations and representations of culture really are and how easily preconceptions and cultural positionings interfere with the process of communication that is actually occurring.

Doubling and convergence : novel models of vision and sense of space

Re-photography is considered in this paper as a synthesis of the processes of seeing, to develop an aesthetic of space.

This practice deals with being (noun and verb) in space and the perception of space and depiction of space; space at the intersection of landscape and human. A key to the conundrum of the figure and the ground arises out of practical photographic investigations to convey the very human sensations of being on the ground, in the confounding landscape of the Central Victorian (Australian) ironbark forests and goldfields.

What is revealed is that what we see, what we attend to, actually appears concentrated at the nodes of a series of vortices. Each vortex is a moiré interference of converging views of the same scene. Attention is a convergence on particulars. Like a magnetic field, the vortex remains invisible in our everyday vision, but it appears in these images. It is imprinted from individual perspectives at particular places; a new perspective with a point of apparition rather than of vanishing.

Questions of (re)production and legitimation : a second screening of 3 films on teacher-student relations

This study considers three Hollywood films that take, as their subject, a teacher-hero confronted with a 'problem' group of students and, as their narrative, the rehabilitation of these students and the resolution of their problems. Employing a Bourdieuian analysis, we attempt a second screening of these films on two levels: first, by stepping inside these celluloid classrooms, so to speak, and narrating a different text, one that is spoken from the position of students and which challenges each film's portrayal of good people achieving fine things; and secondly, by screening for gaps in their accounts of schooling, exposing their limited frames of reference and their legitimacy to speak on behalf of authentic classrooms. The first of these projects is undertaken as a way of challenging teachers and interested others to be wary of uncritical readings of popular images of teaching, whereas the second provides a beginning from which to consider how teachers' pedagogy and school curricula can be informed by a radical democratic view of education - how teachers might embrace the foreign.

The country’s not what it used to be : research participants’ understandings of space, place and identity in rural Victoria

This chapter explores the various ways in which research participants from rural areas located in country Victoria, Australia, construct and reconstruct their understandings of themselves and their rural spaces in terms of place and identity. This chapter draws upon the data of two separate research projects that bought together a variety of researchers and research participants either growing up in, working in, or studying in rural areas.

The importance of using open-ended questions when interviewing children

In addition to making reference to best practices, already known, concerning the conduct of interviews with child victims of sexual abuse, the author describes some of the questions of development that must be made and the four benefits of free narrative. Despite the qualities of this type of approach, surveys show that professionals do not get the research, as a rule, free of narrative descriptions by children and that interviews tend to contain the short answer questions, with few breaks and an excessive number of closed questions and trick.According to trainers, experts in this field, there should be greater recognition of the interview as a forensic specialist skills and promote themselves to more effective supervision and monitoring of the forensic interview at work.

An examination of the types of leading questions used by investigative interviewers of children

Purpose – The purpose of this paper is to examine the nature of leading questions used by a representative sample of investigative interviewers of children. In particular, it examined whether these interviewers use the type of questions that are known to elicit reports of false activities or events among child samples.
Design/methodology/approach – A total of 82 police officers who were authorized to conduct interviews with alleged child abuse victims conducted individual mock interviews with children aged 5-7 years. The focus of the interviews was an event that was staged in the children's school a week earlier. Prior to the interview, each officer was provided with accurate and inaccurate information about the event, including details about an activity that did not occur. The officers' task was to elicit as detailed and accurate account of the event as possible using the techniques they would “normally” use in the field.
Findings – Although the officers refrained from using coercive interview techniques, two problematic types of questions were relatively common. These include: questions that presumed that an activity/detail occurred that had not been previously mentioned by the child; and questions that included highly specific details about an activity. Both of these techniques had featured in prior laboratory research on children's false event narratives.
Research limitations/implications – These results support the need for better training techniques for assisting officers to avoid the use of leading questions.
Originality/value – While it is well established that investigative interviewers do sometimes use leading questions when interviewing children, this is the first study to specify the incidence of various types of leading questions.of leading questions.

Manage one beach or two? Movements and space-use of the threatened hooded plover (Thinornis rubricollis) in south-eastern Australia

An understanding of space use and dispersal of a wildlife species is essential for effective management. We examined the movements of a beach-dwelling, threatened population of hooded plover (Thinornis rubricollis) in southern central Victoria, Australia, by analysing sightings of colour-banded birds (4897 sightings; 194 birds tracked for up to 9 years). Most movements were relatively short (5050 ± 305 m), with 61.4% <1 km and 95.3% <20 km; they lacked directional or sexual bias. The extent of coastline used by individual birds was 47.8 ± 58.0 km. Regional differences in average distances moved by adults were apparent. For adults, movement rates (mean distance per day) were higher during the non-breeding season than during the breeding season. Non-breeding adults generally remained close to their partners (non-breeding, 456.3 ± 163.9 m; breeding, 148.2 ± 45.3 m). Largest flock sizes were recorded during the non-breeding period, and flocking was not uniformly distributed along the coast but appeared to be concentrated in particular locations. The frequency of pair cohesion (i.e. when the distance between partners was zero on a given day) was similar during the breeding (69.6%) and non-breeding seasons (67.7%). Breeding territories (kernel analysis) were 36.7 ± 5.7 ha and overlapped from year to year in all cases (23 pairwise comparisons; 47.9 ± 7.1% overlap). The high fidelity and constancy of territories confirms they warrant ongoing management investment, although the species relies on a matrix of breeding and non-breeding sites. The latter appear to occur in specific parts of the coast and warrant enhanced protection and more research attention. Fragmentation of the breeding population might occur where habitat is rendered unsuitable for > ~50 km.