36 resultados para due process

em Deakin Research Online - Australia


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In the wake of the Bali bombing the Australian government has proposed a number of national security measures that pose a real danger to human security in Australia and the region. These measures include renewed and increased military and intelligence exchanges with Indonesia, and laws that allow the Australian Security Intelligence Organization (ASIO) to detain people without charge or even suspicion in order to gather intelligence. In less emotional times these initiatives would be rejected as contrary to human rights concerns and Australia’s democratic traditions, which include the rule of law and due process protections. In the current climate, however, human rights and civil liberties are apt to be portrayed as unaffordable luxuries.

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There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most significance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Criminal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawlsian notions of 'imperfect', 'perfect' and 'pure' procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A comparison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.

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This paper traces the establishment of the reconstituted Auditing and Assurance Standards Board (AUASB) as a result of the CLERP (Audit Reform and Corporate Disclosure) Act 2004, and its progress in developing auditing standards that are "in the public interest". The paper canvasses the composition of the AUASB, its transparency and due process, its relationship with the International Auditing and Assurance Standards Board and the Financial Reporting Council, and its resourcing and attitude to researching issues of importance in auditing. The paper discusses methods that might be used to provide evidence of the efficacy of the reforms to auditing standard-setting.

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Background : The aim of the ACE-Obesity study was to determine the economic credentials of interventions which aim to prevent unhealthy weight gain in children and adolescents. We have reported elsewhere on the modelled effectiveness of 13 obesity prevention interventions in children. In this paper, we report on the cost results and associated methods together with the innovative approach to priority setting that underpins the ACE-Obesity study.

Methods : The Assessing Cost-Effectiveness (ACE) approach combines technical rigour with 'due process' to facilitate evidence-based policy analysis. Technical rigour was achieved through use of standardised evaluation methods, a research team that assembles best available evidence and extensive uncertainty analysis. Cost estimates were based on pathway analysis, with resource usage estimated for the interventions and their 'current practice' comparator, as well as associated cost offsets. Due process was achieved through involvement of stakeholders, consensus decisions informed by briefing papers and 2nd stage filter analysis that captures broader factors that influence policy judgements in addition to cost-effectiveness results. The 2nd stage filters agreed by stakeholders were 'equity', 'strength of the evidence', 'feasibility of implementation', 'acceptability to stakeholders', 'sustainability' and 'potential for side-effects'.

Results :
The intervention costs varied considerably, both in absolute terms (from cost saving [6 interventions] to in excess of AUD50m per annum) and when expressed as a 'cost per child' estimate (from <AUD1.0 [reduction of TV advertising of high fat foods/high sugar drinks] to >AUD31,000 [laparoscopic adjustable gastric banding for morbidly obese adolescents]). High costs per child reflected cost structure, target population and/or under-utilisation.

Conclusions : The use of consistent methods enables valid comparison of potential intervention costs and cost-offsets for each of the interventions. ACE-Obesity informs policy-makers about cost-effectiveness, health impact, affordability and 2nd stage filters for important options for preventing unhealthy weight gain in children. In related articles cost-effectiveness results and second stage filter considerations for each intervention assessed will be presented and analysed.

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The ACE-Obesity study uses an evidence-based approach to evaluate interventions aimed at reducing the prevalence of obesity in Australian youth. It informs decision-makers about the benefits of individual interventions and the packaging of a coherent strategy for obesity prevention and management. To avoid methodological confounding, the approach employs standardised methods including a two stage concept of benefit; a common comparator, setting and decision context; Australian data; and extensive probabilistic uncertainty testing. The technical cost-effectiveness results (cost per DALY) for each of the selected interventions will be reported. Modelling is undertaken to convert changes in behaviour to BMI outcomes and then to DALYs, and issues of the attribution of costs across multiple objectives arise. Due process is achieved by involving stakeholders on a Working Group, and by consideration of second stage filters (such as equity, acceptability and feasibility). The results are brought together in a 'league table' in which all the interventions are ranked in order of economic merit without the usual methodological concerns about results drawn from studies lacking in comparability. In packaging interventions to meet particular budget allocations, the divisibility, mutual exclusivity and returns to scale of individual interventions are considered, as well as issues of program logic, target group coverage and a range of settings.

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ID scanners are promoted as an effective solution to the problems of anti-social behavior and violence in many urban nighttime economies. However, the acceptance of this and other forms of computerized surveillance to prevent crime and anti-social behavior is based on several unproven assumptions. After outlining what ID scanners are and how they are becoming a normalized precondition of entry into one Australian nighttime economy, this chapter demonstrates how technology is commonly viewed as the key to preventing crime despite recognition of various problems associated with its adoption. The implications of technological determinism amongst policy makers, police, and crime prevention theories are then critically assessed in light of several issues that key informants talking about the value of ID scanners fail to mention when applauding their success. Notably, the broad, ill-defined, and confused notion of “privacy” is analyzed as a questionable legal remedy for the growing problems of überveillance.

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 The study used economic and ethical theory, empirical evidence and local stakeholders views to develop a checklist of features of an ideal approach to priority-setting. This was used to determine the ideal approach for priority-setting for HIV prevention in Uganda. The Assessing Cost-Effectiveness (ACE) approach was determined to be the ideal approach using the checklist developed. A pilot study using the approach determined that in Uganda, blood safety and HIV counselling interventions are the most cost-effective, equitable and acceptable interventions. Mass media interventions were the least cost-effective and affordable, had a weak evidence base but were more acceptable. On the other hand interventions targeting Most-at-risk-populations were cost-effective but least acceptable. The study demonstrates the importance of balancing technical rigor and due process to ensure buy-in by stakeholders.

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Seeking better understanding of the relationship between criminal law and surveillance demands investigating the evolving nature of sovereignty in an era of transnational digital information flows. While territorial boundaries determine the limits of police investigative and surveillance powers under the criminal law, several recent United States (US) examples demonstrate how new forms of extraterritorial surveillance that enable police to access online communications by foreign citizens and digital information stored in offshore locations are authorized by US courts. This discussion outlines how the processes of mutual legal assistance that ordinarily govern the search, seizure and transfer of digital evidence from one jurisdiction to another are increasingly considered to undermine police efficiency, even though they protect the due process rights afforded to crime suspects under established principles of sovereignty (Palmer and Warren 2013).

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A key element in Australian policing in recent years is the growth of police-imposed discretionary summary justice. The rise and impact of on-the-spot fines, infringement notices, exclusion orders and move-on powers enable police-initiated resolutions and punishments to be imposed, often without legal or judicial intervention. These operational policing mechanisms reflect underlying pressures to reduce costs, ease the burden on the court system, and speed up the decision-making process, but when viewed from a human rights perspective the potential consequences are significant. Focusing on the legislative development of banning notices in Victoria, this article highlights the impact of such a police-imposed punishment upon individual due process procedural protections. Banning notices deny the recipient the right to conduct a defence, undermine the presumption of innocence, and conflate notions of pre-emption and punishment. The rhetoric upon which the banning notice legislation is predicated obviates meaningful scrutiny of the diminution of individual rights that are implicit in its enactment. A perceived ‘need’ to control disorder and ‘re-balance’ justice to prioritise community protection is used to legitimise any consequential impact upon the principles of criminal law, due process and human rights.

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A novel fabrication process for advanced composite components—the QuicktepTM process was described. 2/2 twill weave MTM56/CF0300 carbon epoxy composite laminates were manufactured by the Quickstep and the autoclave processes. The response of these laminates to drop-weight low velocity impact at energy levels ranging from 5 to 30 J was investigated. It was found that the laminates fabricated by the Quickstep had better impact damage tolerance than those fabricated by the autoclave. Optical microscopy revealed extensive matrix fracture in the center of the backside of the autoclave laminates indicating the more brittle property of the epoxy matrix cured by the autoclave process. Interfacial shear strength (IFSS) for two composite systems were measured by micro–debond experiments. The MTM56/CF0300 material cured by the Quickstep showed stronger fibre matrix adhesion. Since the thickness and density of the impact targets produced by two processes were different, finite element analysis (FEA) was performed to study the effect of these factors on the impact response. The simulation results showed that the difference in thickness and density affects the stress distribution under impact loading. Higher thickness and lower density caused by processing lead to less endurance to drop weight impact loading. Therefore the better performance of Quickstep laminates under impact loading was not due to the thickness and density change, but resulted from stronger mechanical properties.

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Superplastic behaviour of Mg-alloy AZ31 was investigated to clarify the possibility of its use for superplastic forming (SPF) and to accurately evaluate material characteristics under a biaxial stress by utilizing a multi-dome test. The material characteristics were evaluated under three different superplastic temperatures , 643, 673, and 703 K in order to determine the most suitable superplastic temperature. Finite Element Method (FEM) simulation of rectangular pan forming was carried out to predict the formability of the material into a complex shape. The superplastic material properties are used for the simulation of a rectangular pan. Finally, the simulation results are compared with the experimental results to determine the accuracy of the superplastic material characteristics. The experimental results revealed that the m values are greater than 0.3 under the three superplastic temperatures, which is indicative of superplasticity. The optimum superplastic temperature is 673 K, at which a maximum m value and no grain growth were observed. The results of the FEM simulation revealed that certain localized thinning occurred at the die entrance of the deformed rectangular pan due to the insufficient ductility of the material. The simulation results also showed that the optimum superplastic temperature of AZ31 is 673 K.

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We have combined high-performance liquid chromatography (HPLC) separations using a monolithic column with acidic potassium permanganate and tris(2,2′-bipyridyl)ruthenium(II) chemiluminescence detection in a rapid and highly sensitive method to monitor the process of extracting opiate alkaloids from Papaver somniferum. Due to the high flow rates allowed with the monolithic column and the inherent selectivity of the chemiluminescence reactions, the four predominant alkaloids – morphine, codeine, oripavine and thebaine – were determined in less than 2 min. The results obtained with numerous process samples compared favourable with those of the standard HPLC methodology. Limits of detection were 1 × 10−10 M, 5 × 10−10 M, 5 × 10−10 M and 1 × 10−9 M, for morphine, codeine, oripavine and thebaine, respectively.

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A torsional upset forging process is analysed on the basis of plasticity theory for powder metal forging. Torsional upset forging is a process to be performed by rotating a lower die with a punch travelling along the longitudinal direction of a work-piece. In this study, an upper bound analysis considering bulging effect, finite element method simulation (DEFORM3D), and experimental research have been performed for the process. A simple kinematically admissible velocity field for a three dimensional deformation is presented for the torsional upset forging of a cylindrical billet. Distributions of stress, strain, and forging load in the process have been obtained, and compared with those in conventional upset forging. In the process, an increase in a friction factor and rotation speed results in a decrease in magnitude of upset force, dead metal zone, and non-homogeneous deformation. This process can reduce forming load, which leads to improvement of die life, and also reduce bulging effect. In addition, the initial sintered-structure and density distribution is improved by the process and surface defect due to high deformation is decreased.

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The requirement for the automotive industry at present and even more so in the future is to simultaneously develop materials, economic forming processes and techniques for weight reduction of the component. To fulfil this need steel manufacturers have developed Advanced High Strength Steels which have high strength and good formability. Due to high strength, material thickness can be reduced without compromising the function of the component. High pressure hydro forming is one process that can be used to produce complex components from these materials. However, reduction in material thickness of these steels does not result in a large decrease of internal fluid pressure and die closing force during tube hydro forming and hence the higher strengths of these steels will require higher pressures. Tube crushing is a process in which the component can be formed with low pressures. In this paper numerical comparison of ramp and constant pressurization system during tube crushing for a TRIP steel is studied. It is proposed that ramp pressure is the best option to obtain a part with accurate geometrical shape from tube crushing with less die closing force. The stress and thickness distribution of the part during tube crushing were critically analysed.

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Malaysian society has and is undergoing considerable social, political, economic and educational change. Scholars point to the forces of globalization and the needs to be able to meet the challenges of globalization as the central driver of language policy. Commentators, academics and many in the general public have focused on the need for Malaysia to adapt to globalization and the importance of English to this process given the needs and characteristic of the knowledge economy. However, there appears to be less recognition of the way such a change in Malaysian language policy needs to be engaged in a dynamically shifting knowledge society and developing public sphere. Language is a social act and the debate over language and its place and role in society is therefore a debate over the nature and quality of social interaction. Debate over language is thus inherently political. Due to the growth and development of an interactive and engaged public sphere and knowledge society in Malaysia, there is a need to approach to the idea of engaging English that grasps the plurality and complexity of its role in the world. The political approach to engaging English in Malaysia needs to engage democratic deliberation in a society that is increasingly fragmented but also showing signs of developing an active public sphere not beholden to top down authority. Disagreement over language and the way the debate is theorized hides from view the possibility of points of consensus on the issue of English language and Malaysian education. Establishing overlapping consensus through public deliberation and consultation is a necessary precondition to effective language policy in contemporary Malaysia. Failure to understand this only leads to policy paralysis.