Challenging the assumptions of positivism : an analysis of the concept of society in Sampi on behalf of the Bardi and Jawi people v Western Australia [2010] and Bodney v Bennell [2008]

The requirement to prove a society united by a body of law and customs to establish native title rights has been identified as a major hurdle to achieving native title recognition. The recent appeal decision of the Federal Court in Sampi on behalf of the Bardi and Jawi People v Western Australia [2010] opens the potential for a new judicial interpretation of society based on the internal view of native title claimants. The decision draws on defining features of legal positivism to inform the court’s findings as to the existence of a single Bardi Jawi society of ‘one people’ living under ‘one law’. The case of Bodney v Bennell [2008] is analysed through comparitive study of how the application of the received positivist framework may limit native title recognition. This paper argues that the framing of Indigenous law by reference to Western legal norms is problematic due to the assumptions of legal positivism and that an internal view based on Indigenous worldviews, which see law as intrinsically linked to the spiritual and ancestral connection to country, is more appropriate to determine proof in native title claims.

Queensland College of Teachers annual lecture 2010 : child protection

Teachers have a crucial role as “sentinels” for children who have been abused or neglected. This professional development session will provide a framework for understanding the types, incidence and causes of child abuse and neglect, and teachers’ role in reporting suspected cases. The session will provide participants with knowledge and skills to enable them to identify warning signs and indicators of child abuse and neglect, know the basis of their duties to report suspected cases of abuse and neglect, and respond to the needs of abused and neglected children at school. The presentation will focus on: • the reasons why child abuse and neglect can occur; • the different types of child abuse and neglect and their effects on children; • the warning signs and indicators of physical abuse, emotional abuse, sexual abuse and neglect; • applying knowledge of indicators to make judgements about risk of harm; • responding to indications of risk of harm, including complying with legislative and policy-based duties to report suspected child abuse and neglect.

GCAP 2010 presentation : jams, jellybeans and the fruits of passion

In 2010 we realised that our fifth 48 hour game making competition was more than a mere event but that we were actually watching our local games industry enact a very intense process of community making and reflective practice. This presentation of our early research on the event was an invited spectacle at the Games Connect Australia Pacific Conference 2010 held at the Gold Coast Convention Centre, 14-15 October 2010. Abstract: Jams, Jellybeans and the fruit of passion: if games are about creating innovative player experience, then the place to start is how we set up game design education as an experience Authors: truna aka j.turner – Brisbane IGDA & Lubi Thomas, Mt Nebo Studios The 48 hour game making challenge has grown since it started in 2007 to accommodate 20 teams, some of the teams are professionals, some are made of people who are working in other industries, most are made of students from the various tertiary institutes around town. We still don’t quite understand why these mad people sign up for 48 hours of intense creativity just for the jelly beans we hand out as prizes but we do suspect that the space we give them and the passion they bring to the event offers those of us involved in the education side of the games industry really vital insights into what is critical and important in terms of education. The Australian games industry really needs these people, they are bright and ingenious and they make the most amazing games. But you won't get them by telling tertiary institutions what you fancy this year in terms of skills and criteria; you will get them by fostering their creativity and passion. If games are about creating innovative player experience, then the place to start is how we set up game design education as an experience.

Auckland's creative workforce report 2010

The report aims to improve the understanding of Auckland’s creative employment by applying a proven methodology to detailed employment and earnings data from recent NZ Censuses. The approach analyses creative employment based on the occupations of those employed within their industry of employment. The dual dimensions allow a more nuanced understanding than the traditional approaches of employment within creative industries or employment within creative occupations.

Using the Precede-Proceed Model of Health Program Planning in breast cancer nursing research

Aim: In this paper we discuss the use of the Precede-Proceed model when investigating health promotion options for breast cancer survivors. Background: Adherence to recommended health behaviors can optimize well-being after cancer treatment. Guided by the Precede-Proceed approach, we studied the behaviors of breast cancer survivors in our health service area. Data sources: The interview data from the cohort of breast cancer survivors are used in this paper to illustrate the use of Precede-Proceed in this nursing research context. Interview data were collected from June to December 2009. We also searched Medline, CINAHL, PsychInfo and PsychExtra up to 2010 for relevant literature in English to interrogate the data from other theoretical perspectives. Discussion: The Precede-Proceed model is theoretically-complex. The deductive analytic process guided by the model usefully explained some of the health behaviors of cancer survivors, although it could not explicate many other findings. A complementary inductive approach to the analysis and subsequent interpretation by way of Uncertainty in Illness Theory and other psychosocial perspectives provided a comprehensive account of the qualitative data that resulted in contextually-relevant recommendations for nursing practice. Implications for nursing: Nursing researchers using Precede-Proceed should maintain theoretical flexibility when interpreting qualitative data. Perspectives not embedded in the model might need to be considered to ensure that the data are analyzed in a contextually-relevant way. Conclusion: Precede-Proceed provides a robust framework for nursing researchers investigating health promotion in cancer survivors; however additional theoretical lenses to those embedded in the model can enhance data interpretation.

Civil Liability and Other Legislation Amendment Act 2010 (Qld)

On 17 March 2010, the Civil Liability and Other Legislation Amendment Act 2010 (Qld) was assented to.

Elections 2.0 : reflections on the 2010 federal election and the future of Australian electoral law

This article analyses the 2010 federal election and the impact the internet and social media had on electoral law, and what this may mean for electoral law in the future. Four electoral law issues arising out of the 2010 election as a result of the internet are considered, including online enrolment, regulation of online advertising and comment, fundraising and the role of lobby groups, especially when it comes to crowdsourcing court challenges. Finally, the article offers some suggestions as to how the parliament and the courts should respond to these challenges.

Unleashed : roadshow finale 2010 exhibition

This exhibition, as part of the Queensland Government Unlimited: Designing for the Asia Pacific Program, showcased the unleashed: queensland design on tour 2010 Exhibition and outcomes from the aligned goDesign Travelling Workshop Program for Regional Secondary School Students, delivered concurrently by the Design Institute of Australia Queensland Branch and QUT, between February and September 2010 in the six regional Queensland towns of Chinchilla, Mt Isa, Quilpie, Emerald, Gladstone and Bundaberg. Mirroring the delivery of the exhibition opening in the local gallery of each regional town, student design work produced during the workshop program was displayed alongside the award winning work of professional visual communication, interior and product designers and design students from the DIA qdos Awards Program of 2008 and 2009. The resulting linkages and connections made possible by the aligned programs, and the students’ creative product, based on their own interpretation of the local culture, environment, economy and politics of their town developed through a design process, were the subject of the exhibition, captured through photos and dialogues (digital and print format) and sketchbooks. The two programs and resulting final ‘retrospective’ exhibition, addressed the key objectives outlined in the Queensland Government Arts Queensland Design Strategy 2020 (2008-2012 Action plan), which focuses on the promotion of a better understanding of the value of good design across all of the state, by enhancing the collaboration between industry, the professional body for design, the government and the education sectors, and by providing opportunities for young people to engage in design. The exhibition highlighted the benefits for regional communities in being exposed to design exhibitions, and linking with tertiary educators and design practitioners to participate in design-based learning activities which broaden student understanding of their learning and subsequent career opportunities, by establishing a meaningful connection with real world issues of place, identity and sustainability.

Generation workshop 2010

The Generation Workshop Program 2010, a part of the Queensland Government Unlimited: Designing for the Asia Pacific Event Program, consisted of two one-day intensive design thinking workshops run on October 7-8, 2011 at The Edge, State Library of Queensland, for 100 senior secondary students and 20 secondary teachers self-selected from the subject areas of Visual Art, Graphics and Industrial Technology and Design. Participants were drawn from a database of Brisbane and regional Queensland private and public schools from the goDesign and Living City Workshop Programs. The workshop aimed to facilitate awareness in young people of the role of design in society and the value of design thinking skills in solving complex problems facing the Asia Pacific Region, and to inspire the generation of strategies for our future cities. It also aimed to encourage the collaboration of professional designers with secondary schools to inspire post-secondary pathways and idea generation for education. Inspired by international and national speakers Bunker Roy (Barefoot College) and Hael Kobayashi (Associate Producer on "Happy Feet" film for Australia's Animal Logic), the Unlimited showcase exhibition Make Change: Design Thinking in Action and ‘Idea Starters’/teaching resources provided, students worked with a teacher in ten random teams, to generate optimistic strategies for the Ideal City of tomorrow, each considering a theme – Food, Water, Transport, Ageing, Growth, Employment, Shelter, Health, Education and Energy. Each team of 6 was led by a professional designer (from the discipline of architecture, interior design, industrial design, urban design, graphic design or landscape architecture) who was a catalyst for driving the student creative thinking process. Assisted by illustrators, the teams prepared a visual presentation of their idea from art materials provided. The workshop culminated in a video-taped interactive design chatter to the larger group, which will be utilised as a toolkit and praxis for teachers as part of the State Library of Queensland Design Minds Project. Photos of student design work were published on the Unlimited website.

Living City 2010 Workshop

Living City 2010 was a three-day place-based urban design immersion workshop program held at Logan Road Conference Centre, Stones Corner, for 30 self-selected Year 11 Visual Art Students and 4 Teachers drawn from 11 state and private Brisbane Secondary Schools, that focused on the active Brisbane City Council redevelopment site of Stones Corner, specifically Logan Road, public spaces at Stones Corner Library and rehabilitation of the nearby creek corridor. The workshop, framed within notions of ecological, economic, social and cultural sustainability, aimed to raise awareness of the layered complexity and perspectives involved in the design of shared city spaces and to encourage young people to voice their own concerns as future citizens about the shape and direction of their city. On Day 1, Brisbane City Council Public Art Officers Brendan Doherty and Genevieve Searle, local landscape architect Peter Boyle (Verge) and artists Malcolm Enright and Barbara Heath provided students with an overview of the historic and future context of the area including proposed design and public art interventions, followed by a site walk. The afternoon session, led by Natalie Wright and QUT design staff and students, focused on design tools to assist in the tackling of the redesign of the Stones Corner library precinct, where students worked on ideas. On Day 2, students were mentored by artist Liam Key to participate in a computer animation activity using the built environment as a canvas, and by artist Sebastian Moody to participate in an activity using red helium balloons as a playful catalyst for interaction to activate and create new public space. Later, students worked in teams on their ideas for redevelopment of the site in preparation for their Day 3 presentations. The workshop culminated in an exchange of planning ideas with Georgina Aitchison from Brisbane City Council's Urban Renewal Division. Students were introduced to design methodology, team thinking strategies, the scope of design practices and professions, presentation skills and post-secondary pathways, while participating teachers acquired content and design learning strategies transferable in many other contexts.

#Ausvotes : how Twitter covered the 2010 Australian federal election

While the 2007 Australian federal election was notable for the use of social media by the Australian Labor Party in campaigning, the 2010 election took place in a media landscape in which social media–especially Twitter–had become much more embedded in both political journalism and independent political commentary. This article draws on the computer-aided analysis of election-related Twitter messages, collected under the #ausvotes hashtag, to describe the key patterns of activity and thematic foci of the election’s coverage in this particular social media site. It introduces novel metrics for analysing public communication via Twitter, and describes the related methods. What emerges from this analysis is the role of the #ausvotes hashtag as a means of gathering an ad hoc ‘issue public’– a finding which is likely to be replicated for other hashtag communities.

Trends in policies, programs and practices in the Australasian First Year Experience literature 2000-2010. The First Year in Higher Education Research Series on Evidence-based Practice. Number 1

This publication is the first in a series of scholarly reports on research-based practice related to the First Year Experience in Higher Education. This report synthesises evidence about practice-based initiatives and pragmatic approaches in Aotearoa (New Zealand) and Australia that aim to enhance the experience of commencing students in the higher education sector. Trends in policies, programs and practices ... examines the first year experience literature from 2000-2010. It acknowledges the uniqueness of the Australasian socio-political context and its influence on the interests and output of researchers. The review surveyed almost 400 empirical reports and conceptual discussions produced over the decade that dealt with the stakeholders, institutions and the higher education sector in Australasia. The literature is examined through two theoretical constructs or “lenses”: first, a set of first year curriculum design principles and second, the generational approach to describing the maturation of initiatives. These outcomes and suggested directions for further research provide the challenges and the opportunities for FYE adherents, both scholars and practitioners, to grapple with in the next decade.

An analysis of NSW rural property market : 1990-2010

Rural property in Australia has seen significant market resurgence over the past 3 years, with improved seasonal conditions in a number of states, improved commodity prices and a greater interest and purchase of rural land by major international corporations and investment institutions. Much of this change in perspective in relation to rural property as an asset class can be linked to the food shortage of 2007 and the subsequent interest by many countries in respect to food security. This paper will address the total and capital return performance of a major agricultural area and compare these returns on the basis of both location of land and land use. The comparison will be used to determine if location or actual land use has a greater influence on rural property capital and income returns. This performance analysis is based on over 40,000 rural sales transactions. These transactions cover all market based rural property transactions in New South Wales, Australia for the period January 1990 to December 2010. Correlation analysis and investment performance analysis has also been carried out to determine the possible relationships between location and land use and subsequent changes in rural land capital values.

Evaluation of the 2010 child restraint legislation in Queensland

Occupant injury comprises the largest proportion of child road crash trauma in most highly motorised countries. In Australia, road crashes are the primary cause of death for children aged 1-14 years and are among the top three causes of serious injury to this age group. For this reason considerable research attention has been focused on understanding the contributing factors and the most effective ways of improving children’s safety as car passengers. Australia has been particularly active in this area, with well regarded work being conducted on levels of use of dedicated child restraints, restraint crash performance in laboratory conditions, examination of real world restraint crash performance (case review), and studies of psychosocial factors influencing perceptions about restraints and their use (Brown & Bilston, 2006; Brown, McCaskill, Henderson & Bilston, 2006; Edwards, Anderson & Hutchinson, 2006; Lennon, 2005, 2007). New legislation for the restraint of children as vehicle passengers was enacted in Queensland in March 2010. This new legislation recognises the importance of dedicated restraint use for children up to at least age 7 years and the protective benefits of rear seating position in the event of a crash. As part of improving children’s safety and addressing key priority areas, the Queensland Injury Prevention Council (QIPC) and Department of Transport and Main Roads (TMR) commissioned the Centre for Accident Research and Road Safety, Queensland (CARRS-Q) to evaluate the impact of the new legislation. Although at the time of commencing the research the legislation had only been in force for 14 months, it was deemed critical to review its effectiveness in guiding parental choices and compliance in order to inform the design and focus of further supporting initiatives and interventions. Specifically, the research sought clear evidence of exactly what impact, if any, the legislation has had on compliance levels and what difficulties (if any) parents/carers experience in relation to interpreting as well as complying with the requirements of the new law. Knowledge about these barriers or difficulties will allow any future changes or improvements to the legislation to address such barriers and thus improve its effectiveness. Moreover, better information about how the legislation has affected parents will provide a basis to plan non-legislative comprehensive multi-strategy interventions such as community, educational or behavioural interventions with parents/carers and other stakeholder groups. In addition, it will allow identification of the most effective aspects of the legislation and those areas in need of extra attention to improve effectiveness/compliance and thus better protect children travelling in cars and improve their health and safety. This report presents the findings from the four components of the research: the literature review; observational study; intercept interviews and focus group with parents; and the interviews with key stakeholders.

Review of "Postcolonial Issues in Australian Literature" edited by Nathanael O’Reilly (Cambria Press, 2010)

Some years ago I opened the 1998 edition of the Johns Hopkins Guide to Literary Theory and Criticism and turned to the entry ‘Australian Theory and Criticism.’ This read: ‘Australia has produced no single critic or theorist of international stature, nor has it developed a distinct school of criticism or theory.’ Postcolonial content was listed under a section called Postcolonial Cultural Studies and there one found key names including Tiffin, Ashcroft, Stephen Slemon, and During...