Positive psychology and the demise of defamation

Defamation is one of the more complex and fluid areas of the law and varies considerably across the Australian jurisdictions. There are moves to unify defamation law. The threshold issue that is raised in any such process is whether there is in fact a justification for continuation of defamation law. Recent advances in happiness studies and positive psychology suggest that the chief interest protected by defamation law, reputation, is over-rated and is not in fact conducive to human well-being. What others think of us is not relevant to our well-being. Anecdotally it seems that people spend much time and energy in a bid to impress others in the hope that they will grow in the estimation of others and the world at large. Hence, the results of the studies into human well-being so far as reputation is concerned may appear counter-intuitive. Nevertheless, the studies are far more convincing than lay assumptions. People are often wrong about what is in their interests. This is recognised in the concept of regret. Individuals yearn for some things, but sometimes when they acquire them they discover that the journey was wasted. Reputation is one such thing. Defamation law perpetuates the myth that reputation is intrinsically important. Defamation should be abolished. In its place, a new cause of action should be introduced whereby damages are awardable for misleading and deceptive communications which cause damage to the individual who is the subject of the communication. This cause of action should be modelled on the misleading and deceptive conduct provisions of the Trade Practices Act 1974 (Cth).

‘It should be a big responsibility’: Separated low-income mothers’ evaluation of child support arrangements and the conduct of fathers

The Australian Child Support Scheme was established as a means of ensuring adequate financial support for children of separated parents. However, within the financial transfer of child support exist notions of ‘trust’ and ‘fairness’ based on parents navigating their changed relationship post-separation. Previous research has explored the assessment and outcomes of child support for both payee and payer parents, however little attention has been given to how women evaluate the assessment and outcomes of child support. As such, this research aimed to explore payee mothers’ evaluation of their child support experiences based on the value of their child support assessment and the extent to which these payments were received. Following the methods of constructivist grounded theory, in-depth interviews were conducted with 20 low-income single mothers. Analysis revealed that payee mothers evaluated child support based on the moral assumptions and the rationalities they perceived were underlying payer fathers’ child support compliance. While payee mothers desired arrangements that reflected joint parental financial responsibility, in reality many experienced problematic child support payments, which may ultimately undermine payee parents’ confidence in the Child Support Scheme.

Speaking of gender: teachers' metaphorical constructs of male and female students

This article explores the images and metaphors that teachers use when speaking of their relations with students and examines how these images work to call into play particular constructs of gender relations. Of specific interest is the way teachers use binaries of open/closed, in control/out of control and maturity/immaturity to make sense of feminine and masculine conduct respectively. It is argued that such binary differentiations work not only as descriptors of `truths' concerning student-teacher relations, but also as means of constituting and normalizing particular forms of gender  relations. Implications of such metaphorical constructions for gender reform within schools are considered.

"Unfair" results and unfair doctrines : structuring the application of the equitable doctrines of undue influence and unconscionable dealing

Relevance of the substantive matter of an unfair result on the application of the doctrines of transactional fairness - undue influence and unconscionable dealing - need to keep considerations of transactional fairness and substantive fairness separate - case law involving undue influence and unconscionable conduct - relevance of an unfair result for future unconscionable dealing and undue influence cases.

Information navigation and knowledge discovery in virtual communities

Over the past decade, advances in the Internet and media technology have literally brought people closer than ever before. It is interesting to note that traditional sociological definitions of a community have been outmoded, for community has extended far beyond the geographical boundaries that were held by traditional definitions (Wellman & Gulia, 1999). Virtual or online community was defined in such a context to describe various forms of computer-mediated communication (CMC). Although virtual communities do not necessarily arise from the Internet, the overwhelming popularity of the Internet is one of the main reasons that virtual communities receive so much attention (Rheingold, 1999). The beginning of virtual communities is attributed to scientists who exchanged information and cooperatively conduct research during the 1970s. There are four needs of participants in a virtual community: member interest, social interaction, imagination, and transaction (Hagel & Armstrong, 1997). The first two focus more on the information exchange and knowledge discovery; the imagination is for entertainment; and the transaction is for commerce strategy. In this article, we investigate the function of information exchange and knowledge discovery in virtual communities. There are two important inherent properties embedded in virtual communities (Wellman, 2001):

The relationship between childhood cruelty to animals and psychological adjustment : a Malaysian study

In Western research, cruelty to animals in childhood has been associated with comorbid conduct problems and with interpersonal violence in later life. However, there is little understanding of the etiology of cruelty to animals, and what in the child's life may require attention if the chain linking animal cruelty and later violence is to be broken. The study reported in this paper investigated the association between parent-reported cruelty to animals, and parent- and self-reported psychological strengths and weaknesses in a sample of 379 elementary school children in an Eastern context, Malaysia. No gender differences were found in relation to cruelty to animals or psychological problems, as assessed with the Strengths and Difficulties Questionnaire (SDQ). However, there were different predictors of cruelty to animals for boys and girls. Regression analyses found that for boys, parent-reported hyperactivity was a unique predictor of Malicious and Total Cruelty to animals. For girls, self-reported conduct problems was a unique predictor of Typical Cruelty to animals. Parent-reported total difficulties were associated with Typical, Malicious, and Total Cruelty to animals. We suggest that routine screening of children with an instrument such as the SDQ may help to detect those children who may need to undergo further assessment and perhaps intervention to break the chain linking childhood cruelty to animals and later conduct problems.

Population ageing and the politics of demographic alarmism : implications for the nursing profession

Objectives
This article provides a brief examination of the prejudices and politics framing current public debate on population ageing in Australia and the possible implications of this for the allocation of required health and social sector resources. The role and responsibility of nurses and professional nursing organisations to engage in and influence public policy debate concerning the health and social care of older people is highlighted.

Setting
Australia

Subjects
Australia's ageing population and succeeding generations over the next 40 years

Primary argument
According to the Australian government, population ageing in Australia is poised to cause unmanageable chaos for the nation's public services. The cost of meeting the future health and social care needs of older Australians is predicted to be unsustainable. Officials argue that government has a stringent responsibility to ration current and future resources in the health and social care sector, cautioning that if this is not done, the nation's public services will ultimately collapse under the strain of the ever increasing demands placed on these services by older people. This characterisation of population ageing and its consequences to the nation's social wellbeing may however be false and misleading and needs to be questioned.

Conclusion
The nursing profession has a fundamental role to play in ensuring responsible debate about population ageing and contributing to public policy agenda setting for the effective health and social care of Australia's ageing population.

Responsible entrepreneurship in developing countries : understanding the realities and complexities

Developing countries have recently experienced a burgeoning of small-scale individual entrepreneurs (SIEs) – who range from petty traders to personal service workers like small street vendors, barbers and owners of small shops – as a result of market-based reforms, rapid urbanisation, unemployment, landlessness and poverty. While SIEs form a major part of the informal workforce in developing countries and contribute significantly to economic growth, their potential is being undermined when they engage in irresponsible and deceptive business practices such as overpricing, sale of underweight or substandard products, or attempts to hoard goods, to name a few. Despite the growing interest in corporate social responsibility (CSR) initiatives of small businesses in developing countries, the SIEs have received almost no attention. To address this void in the literature, we explore the reasons for the less than optimal level of social responsibility demonstrated by some SIEs in developing countries. We do so by drawing upon the existing literature to develop a comprehensive framework of social responsibility of SIEs highlighting their unique characteristics and the different contextual factors that they encounter in developing countries. Based on this framework, we then present a set of propositions specifying the influence of these contextual factors such as business environment, cultural traditions, socio-economic conditions, and both international and domestic pressures on the business practices of SIEs. The framework offers an explanation for the lack of responsible entrepreneurship of SIEs and has important implications for promoting sustainable business practices in developing countries where businesses are striving hard to survive and compete.

Australian dental policy reform and the use of dental therapists and hygienists

Oral diseases including dental caries and periodontal disease are among the most prevalent and costly diseases in Australia today. Around 5.4% of Australia’s health dollar is spent on dental services totalling around $2.6 billion, 84% of which are delivered through the private sector (AIHW 2001). The other 16% is spent providing public sector services in varied and inadequate ways. While disease rates among school children have declined significantly in the past 20 years the gains made among children are not flowing on to adult dentitions and our aging population will place increasing demands on an inadequate system into the future (AHMAC 2001). Around 50% of adults do not received regular care and this has implications for widening health inequalities as the greatest burden falls on lower income groups (AIHW DSRU 2001). The National Competition Policy agenda has initiated, Australia-wide, reviews of dental legislation applying to delivery of services by dentists, dental specialists, dental therapists and hygienists and dental technicians and prosthetists. The review of the Victorian Dentists Act 1972, was completed first in 1999, followed by the other Australian states with Queensland, the ACT and the Northern Territory still developing legislation. One of the objectives of the new Victorian Act is to ‘…promote access to dental care’. This study has grown out of the need to know more about how dental therapists and hygienists might be utilised to achieve this and the legislative frameworks that could enable such roles. This study used qualitative methods to explore dental health policy making associated with strategies that may increase access to dental care using dental therapists and hygienists. The study used a multiple case study design to critically examine the dental policy development process around the Review of the Dentists Act 1972 in Victoria; to assess legislative and regulatory dental policy reforms in other states in Australia and to conduct a comparative analysis of dental health policy as it relates to dental auxiliary practice internationally. Data collection has involved (I) semi-structured interviews with key participants and stakeholders in the policy development processes in Victoria, interstate and overseas, and (ii) analysis of documentary data sources. The study has taken a grounded theory approach whereby theoretical issues that emerged from the Victorian case study were further developed and challenged in the subsequent interstate and international case studies. A component of this study has required the development of indicators in regulatory models for dental hygienists and therapists that will increase access to dental care for the community. These indicators have been used to analyse regulation reform and the likely impacts in each setting. Despite evidence of need, evidence of the effectiveness and efficiency of dental therapists and hygienists, and the National Competition Policy agenda of increasing efficiency, the legislation reviews have mostly produces only minor changes. Results show that almost all Australian states have regulated dental therapists and hygienists in more prescriptive ways than they do dentists. The study has found that dental policy making is still dominated by the views of private practice dentists under elitist models that largely protect dentist authority, autonomy and sovereignty. The influence of dentist professional dominance has meant that governments have been reluctant to make sweeping changes. The study has demonstrated alternative models of regulation for dental therapists and hygienists, which would allow wider utilisation of their skills, more effective use of public sector funding, increased access to services and a grater focus on preventive care. In the light of theses outcomes, there is a need to continue to advocate for changes that will increase the public health focus of oral health care.

Market fit, market orientation, and business performance : an empirical investigation

This thesis investigated the congruence of an organisation to its intended target markets. It was hypothesised that the internal activities of an organisation are, potentially, structured in response to its market dynamics with the ultimate aim of achieving the organisational objective(s). Market fit has been conceptualised to represent the fit of an organisation to its operating market environment. The information for this study was collected from senior marketing decision makers, using a self-administered questionnaire. The sample comprised 216 companies from a mix of industries and organisational sizes in Australia. There is evidence to suggest that the association of market orientation and business performance is inconsistent under different business operating circumstances, due to the exclusion of the influence of key environmental moderators. The model of market fit attempts to overcome this condition. The results suggest that market fit is associated with measures of business performance, and the levels of association are different from those related to the market orientation measures, reflecting the influence of moderators. The categories of environmental moderators contributing at different levels to the market fit measure include: (1) marketing planning, (2) implementation of marketing decisions, (3) market orientation, (4) market strength, (5) generic strategies, (6) organisational culture, (7) familiarity with the marketing audit, and (8) the external environment. The marketing audit procedure has been recommended as a tool to assist with the establishment and maintenance of market fit. The results of this study indicate that organisational familiarity with, and the conduct of, the marketing audit periodically are low, and that market fit may be a better predictor of business performance, than is market orientation.

Asset-selling problem with an uncertain deadline, quitting offer, and search skipping option

This paper presents a discrete-time sequential stochastic asset-selling problem with an infinite planning horizon, where the process of selling the asset may reach a deadline at any point in time with a probability. It is assumed that a quitting offer is available at every point in time and search skipping is permitted. Thus, decisions must be made as to whether or not to accept the quitting offer, to accept an appearing buyer’s offer, and to conduct a search for a buyer. The main purpose of this paper is to clarify the properties of the optimal decision rules in relation to the model’s parameters.