The quiet remedy: A dialogue on reshaping professional relationships

This article begins with an overview of the current context for the delivery of social/welfare services and goes on to consider client-worker relationship boundaries that fall within and outside conventional ethical parameters in professional practice. Alternative interpretations of "relationship" are discussed, noting in particular what consumers of services have identified as being beneficial qualities demonstrated by professional "helpers." Using touch and adopting notions of compassion, love, and reciprocity are discussed, noting how these ideas collide with the current ethical thinking commonly used to guide Western social work practice. Finally, a reexamination of "professionalism" is proposed, including ways to facilitate worker-client connectivity. Throughout, the complex tensions between balancing ethical considerations with ideas relating to trust, risk, and authenticity are articulated.

Australian women in education : 2012 and still blocked at the pass. Is there a remedy?

Women have been striving for equity and diversity for a long time. Despite enormous changes in Australian women’s lives over the past five decades, there are glaring ‘sticking points’ – in education and social life in general - that are proving resilient to change. This keynote addresses some of these issues and canvasses what might be needed to tackle them.

Security concerns and remedy in a cloud based e-learning system

Cloud computing is an emerging technology and it utilizes the cloud power to many technical solutions. The e-learning solution is one of those technologies where it implements the cloud power in its existing system to enhance the functionality providing to e-learners. Cloud technology has numerous advantages over the existing traditional e-learning systems. However security is a major concern in cloud based e-learning. Therefore security measures are unavoidable to prevent the loss of users’ valuable data from the security vulnerabilities. This paper investigates various security issues involved in cloud based e-learning technology with an aim to suggest remedial in the form of security measures and security management standards. These will help to overcome the security threats in cloud based e-learning technology. Solving the key problems will also encourage the widespread adoption of cloud computing in educational institutes.

After three strikes-the continued discriminatory impact of the sentencing system against indigenous Australians: suggested reform

Three strikes laws are discriminatory but not for previously advanced reasons. The three strikes laws are merely an acute example of a fundamentally flawed sentencing system that discriminates against economically and socially disadvantaged people, particularly the group that is the focus of this article – Indigenous Australians. The repeal of the Northern Territory's mandatory sentencing laws has not remedied the unfair manner in which sentencing law and practice operate against Aboriginals; either in the Northern Territory or generally. Criminal punishment systems around the world punish a disproportionate number of socially deprived people. In Australia, Indigenous Australians were grossly over-represented in Australian jails prior to the three strikes laws and will remain so unless steps are taken to address their disadvantage. The obvious solution to redress the over-representation by Indigenous Australians is to provide them with the same social opportunities and resources as the rest of the community. This is overly ambitious – at least in the short term. This article suggests a more attainable change in sentencing law to remedy some of the disadvantages experienced by Aboriginals. It suggests that far less weight should be accorded to prior convictions in the sentencing calculus.

Twisting the knife: discrimination in the law

Of the many different variations that can occur in human sexual formation, transsexualism no doubt remains the least understood by the wider Australian community. As a consequence, the process of attaining human rights to legal status, privacy, dignity and freedom from discrimination for those who experience this unusual condition has been a slow and sometimes frustrating one. The article seeks to introduce the reader to some of the more recent developments in the international jurisprudence of transsexualism and the underlying medical evidence that has supported them. It also offers criticism of the belated attempt by the State of Victoria,  with the Births, Deaths & Marriages Registration (Amendment) Act 2004, to establish certain statutory rights in this regard. While the legislation was enacted with the stated and very laudable purpose of providing for the  correction of birth records on the Register of Births of those people with transsexualism who have altered their phenotypic sex by hormonal  medication and surgery, the article argues it has also served to remove other equally important rights already won and proposes that a final remedy will only be found, as on previous occasions, in the courts.

Piercing the decision-making sphere : happiness as the key to real shareholder participation

The purpose of this article is to explain why recent corporate governance reforms and initiatives proclaiming to enhance shareholder participation and elevate shareholder rights, do not go far enough. Indeed, it is suggested that corporate governance polices and reform programs, which have emerged across the world in response to a number of high-profile corporate collapses, act to re-emphasise the limited, 'passive' role which individual shareholders have traditionally experienced in public companies. Although increasing the amount information provided to shareholders about corporate decisions and strategies, and providing shareholders with a greater opportunity to participate in annual general meetings, do go some way in 'empowering' shareholders, it is argued that shareholders essentially remain passive observers, rather than becoming active participants. To become active participants, or corporate governance 'insiders " it is argued that corporate law needs to be directed at piercing the 'decision-making sphere' for individual shareholders in public companies. This involves accommodating an active role for shareholders in the actual decision-making processes of the corporation, rather than simply being informed of decisions that are made and being entitled to veto decisions at the annual general meeting. The second part of the article looks specifically at how the 'oppression' or 'unfair prejudice' remedy, the most commonly used shareholder remedy, is capable - if reformulated so that the pursuit of happiness, rather than vague notions of 'fairness' and 'justice' is the central objective of the remedy - of being used to influence a change of culture within public companies directed at facilitating an active participatory role for shareholders.

Statutory injunction - call for amendment to s 1324 of the Corporations Act

It is well documented that s 1324 is a useful tool for restraining a person from engaging in conduct that contravenes the Corporations Act 2001 (Cth). Without examining the provision, one tends to agree with that statement. In practice, however, the provision does not often provide the outcome that is expected. The author argues that the lack of use of s 1324 is due to the uncertainty and ambiguity in the application of the provision. Unlike with ASIC, the test that a person must satisfy when applying for an injunction is not clear cut. Whether damages could be claimed under s 1324 in place of an injunction is also unclear. The article sets out to argue that some integration with the equitable principles is vital for the survival of s 1324, as injunctions are traditionally a remedy conferred in equity and the Parliament has adopted the concept.

Self-regulation: a risky option for developing countries? The case of Bangladesh

In recent years, the command and control type of government regulation is giving way to self- regulatory approaches in which industry sectors are responsible for controlling the conduct of their own members. Although self-regulatory approaches are increasingly being adopted with the objective of both improving the rate of compliance and reducing costs in developed countries, this paper argues that this might be a risky option. Developing countries often do not have adequate levels of standards of efficiency, effective legal regulatory frameworks, institutional safeguards and public awareness. Using the Bangladesh agriculture sector as an exemplar, this paper investigates the prospects of self-regulation of small businesses trading in agricultural inputs as a possible remedy for the recent problems associated with the sale of contaminated inputs to the farmers. The paper argues that self-regulation does not develop and is not sustained  independently of the context in which business operates. Importantly, the context includes the legal infrastructure created by the state and the enforcement effort imposed by the state. In the absence of effective state intervention in the public interest, institutional safeguards and public awareness, private entrepreneurs are less constrained to behave in the public interest and in conformity with the objectives of self-regulation. The findings of this paper provide significant implications for addressing the issue of effective regulation in developing countries.

The creation of effective learners using an autarchic study method

The aim of this study is to assess whether universities are meeting the needs of marketing students and consequently the needs of the corporate marketing sector. A comparison is made between marketing classes using a specific technology of study called an autarchic system, and those classes not using this method. As part of this analysis the study investigates the application of self-determination theory and psychological needs  satisfaction. The basic needs scale, comprising two constructs; Control and Caring was adapted and used to evaluate students' perception of subjects using autarchic study system and those not utilising this methodology. The study used a multi-method approach consisting of a literature review, a qualitative phase involving in-depth interviews with marketing teaching staff and focus groups with marketing students and a survey of students. An adapted version of the basic psychological needs scale was included in a questionnaire that was administered to a convenience sample of 441 students. ANOVAlMANOVA and descriptive statistics were used to analyse the data. The pedagogy used in a conventional university setting is detailed and contrasted with the autarchic learning system. Findings strongly indicate students become far more able as learners when they have the knowledge of the types of learning barriers, they are coached to recognise the barrier when it occurs and apply the appropriate remedy as researched in this paper. These findings are of interest to educators, students, and industry as all sectors face significant social and financial losses because individuals are unable to duplicate instructions, maintain currency and plan tactically and strategically.

Single transferable vote with Borda elimination : a new vote counting system

Dummett (1997) notes particular difficulties with single transferable vote (STV) and proposes an alternative vote counting system called "Quota/Borda system" (QBS) to remedy specific difficulties. I propose an alternative system, structurally related to QBS, which accomplishes similar solutions but has some significant differences. This alternative system is identical to STV in all aspects except one. It eliminates candidates in reverse order of their Borda scores rather than by their current ranking of first-place votes. I designate this system STV with Borda elimination (STV-B). STV-B and QBS share general features. They retain proportional representation from STV. However, they differ from STV is two critical manners. First, both permit some influence on candidate selection to occur between voting blocks. Second, they are much more stable than STV when subjected to small changes in voter preferences. Outcomes from STV-B differ from QBS outcomes in two ways. Under STV-B, a minority that shares some preferences may elect a candidate even if the minority is not a solid coalition, as is required for minorities under QBS. Further, QBS always selects Borda winners, either for a minority or overall. STV-B may reject a Borda winner through emphasis on each voter's most preferred candidates.

The neglect of racism as an ethical issue in health care

Race and racism has been increasingly implicated in known disparities in the health and health care of racial, ethnic and cultural minorities groups. Despite the obvious ethical implications of this observation, racism as an ethical issue per se has been relatively neglected in health care ethics discourse. In this paper consideration is given to addressing the following questions: What is it about racism and racial disparities in health and health care that these command our special moral scrutiny? Why has racism per se tended to be poorly addressed as an ethical issue in health care ethics discourse? And why, if at all, must racism be addressed as an ethical issue in addition to its positioning as a social, political, cultural and legal issue? It is suggested that unless racism is reframed and redressed as a pre-eminent ethical issue by health service providers, its otherwise preventable harmful consequences will remain difficult to identify, anticipate, prevent, manage, and remedy.

Concepts and principles in unjust enrichment : a comparative study

The Thesis was inspired by a perceived need better to understand the unique description of unjust enrichment by the Australian courts, as a unifying legal concept. It demonstrates that concepts and principles are essential features of the common law because they identify the character and taxonomy of rules. The comparative study, encompassing Australian and English law primarily, and law of other jurisdictions, modern and ancient, elucidates the special characteristics of the concepts and principles of Anglo/Australian unjust enrichment and of concepts and principles generally. A like concept has had a place in the common law since its inception under several characterisations. It bears the mark of ancient Roman jurisprudence, but relates to independent principles. The jurisprudence was formed by special characteristics of its history. It is distinct from modern Roman/Dutch law but the doctrinal overtones of its foundational case law reflect the basis of reasoning which in Continental law, is found in the adopted ancient codes. It is this foundation of reasoning and the firm rejection of a normative general principle that makes Anglo/Australian law different in character and jurisprudence from unjust enrichment in USA and Canada. Stifled for centuries by quasi contract misconceptions, the law of unjust enrichment entered the modern law in the 20th C through the seminal judgements of Lord Wright in Fibrosa Spolka Akcyjna v Fairbairn Lawson Coombe Barbour Ltd, and related cases and through the strong judicial and juristic following they inspired. That “…any civilised system of law is bound to provide remedies for … unjust enrichment…” became an imperative across the common law world: it has long held a place in the Roman Dutch jurisdictions of South Africa and Continental Europe. The special character of unjust enrichment in Anglo/Australian law is focussed upon a unique action where-by the law imposes an obligation upon the establishment of a recognised ground. The notion of breach of a primary rule does not arise: the obligation is therefore a primary obligation imposed by law, as distinct from a remedy for a breach. Important consequences flow from the characteristic. The juristic development of unjust enrichment in the common law has long been the sole prerogative of the superior courts. The place of historical features of the jurisprudence has however been subsumed by modern judicial methodology that is slowly assuming a unifying pattern of reasoning from case to case; from one ground to another. This is the special characteristic of the unifying legal concept and English principle of unjust enrichment. The thesis draws widely based conclusions about concepts and principles of unjust enrichment and the actions and obligations they sponsor. It portrays them as the substance of legal reasoning and analyses underlying theory. to this end, it addresses counter juristic and historical arguments. Its central conclusion are that there are sound jurisprudential arguments for actions based upon a unifying legal concept and English principle of unjust enrichment, and that the explanation of the unjust enrichment concept as the foundation of an independent branch of the common law and taxonomy is theoretically sustainable. In this manner concepts and principles of the common law are demonstrated as critical characteristics of the common law at large.