The legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment : part 3 (Victoria)

This is the final article in a series of three that examines the legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment from adults who lack capacity. This article considers the position in Victoria. A review of the law in this State reveals that medical professionals play significant legal roles in these decisions. However, the law is problematic in a number of respects and this is likely to impede medical professionals’ legal knowledge in this area. The article examines the level of training that medical professionals receive on issues such as refusal of treatment certificates and substitute decision-making, and the available empirical evidence as to the state of medical professionals’ knowledge of the law at the end of life. It concludes that there are gaps in legal knowledge and that law reform is needed in Victoria. The article also draws together themes from the series as a whole, including conclusions about the need for more and better medical education and about law reform generally.

Colin Marsh (2010) Becoming a Teacher : Knowledge, Skills and Issues. 5th edition, Frenchs Forrest : Pearson Education Australia, 459 pages. [Book Review]

In the preface to the fifth edition of Becoming a Teacher, Colin Marsh reminds us that teachers need to have passion, energy and a commitment to enhance students’ learning. This most recent edition certainly provides examples of the author’s wide ranging knowledge and depth of insights that reflect his own commitment to inspirational and dedicated teaching practice. The fifth edition shares those characteristics which made previous editions so worthwhile. Most notable is the subtle but significant dual theme of Marsh’s narrative. That is, first, teaching is a vehicle for increasing the life opportunities of students, and second, teaching is profession that requires continual commitment and critical reflection. These are very important messages for any course that develops teaching methodology. Becoming a Teacher continues to be structured in five readable sections, however the 2010 edition has some exciting new features that warrant the attention of teacher educators and their pre-service students.

From the bottom-up : redesigning the international legal response to anthropogenic climate change

The design of the Kyoto Protocol renders it incapable of effectively responding to the problem of anthropogenic climate change. Therefore, this article explores the opportunity to construct a new, principled legal approach to respond to climate change that is premised on nationally derived legal responses. To do so, this article considers the theoretical foundation of the international legal response to climate change – Hardin's "The Tragedy of the Commons‟ – and the systemic design faults of the Kyoto Protocol. This article also suggests four principles – a judicious mix of legal instruments, flexibility, intrinsic legal coherence, and quantifiable and achievable targets for the reduction of greenhouse gas intensity – that are necessary to guide the creation of a nationally derived legal response to climate change. This approach is intended to provide the catalyst for new bilateral and multilateral arrangements that can, with the passing of time, generate sufficient momentum to drive the creation of a new and effective cooperative international legal framework to mitigate anthropogenic climate change.

Mooting and technology : to what extent does using technology improve the mooting experience for students?

It is generally acknowledged that mooting is an effective way to enhance the teaching of practical skills in legal education as well as to provide an authentic learning experience with links to the real world. However, there are a number of impediments to students participating in mooting; in particular being located off-campus, inexperience and lack of time. It has been suggested that technology may be a means of overcoming these impediments. However the use of technology in mooting has not been tested. This paper will report on a trial of the use of Second Life and Elluminate and videoconferencing as platforms for the conduct of moots. The trials identified limitations in the use of technology for mooting in particularly in relation to the development of advocacy skills. The paper will conclude that these limitations can be overcome by careful consideration of the appropriate technology to be used depending on the context and the objectives to be achieved by the moot. It will also suggest that in order to provide an authentic use of online communication technology in a court setting, the best available technology should be used for the conduct of moot competitions.

Below the ‘tip of the iceberg’: extra-legal responses to workplace sexual harassment

Despite longstanding and explicit legal frameworks for preventing and responding to sexual harassment, only a small proportion of those sexually harassed use legal avenues of redress to seek justice. In contrast to legal cases which constitute the ‘tip of the iceberg’, this study examines extra-legal strategies — the less visible but more frequent, ‘everyday’, formal and informal organizational practices. We report on a national prevalence survey conducted by the Australian Human Rights Commission which examined how ‘targets’ use formal organizational grievance mechanisms, and/or other informal methods to redress, resist or avoid workplace sexual harassment. The findings revealed that the majority of targets do not formally report it because of fear of retribution or that nothing will be done, but they sometimes use apparently proactive or assertive alternative strategies, such as seeking informal assistance and ‘dealing with the problem themselves’. These responses occur in the context of extra-legal facets of organizational life which affect the extent to which sexual harassment and other unfavorable and discriminatory acts are tolerated.

Teaching new dogs old tricks. How the move to 24/7 interactive, integrated multimedia, multi-platform news and feature delivery is not really changing the skills employers demand of graduates

The journalism revolution is upon us. In a world where we are constantly being told that everyone can be a publisher and challenges are emerging from bloggers, Twitterers and podcasters, journalism educators are inevitably reassessing what skills we now need to teach to keep our graduates ahead of the game. QUT this year tackled that question head-on as a curriculum review and program restructure resulted in a greater emphasis on online journalism. The author spent a week in the online newsrooms of each of two of the major players – ABC online news and thecouriermail.com to watch, listen and interview some of the key players. This, in addition to interviews with industry leaders from Fairfax and news.com, lead to the conclusion that while there are some new skills involved in new media much of what the industry is demanding is in fact good old fashioned journalism. Themes of good spelling, grammar, accuracy and writing skills and a nose for news recurred when industry players were asked what it was that they would like to see in new graduates. While speed was cited as one of the big attributes needed in online journalism, the conclusion of many of the players was that the skills of a good down-table sub or a journalist working for wire service were not unlike those most used in online newsrooms.

Legal ethics in a post-Westphalian world : building the international rule of law and otehr tasks

The emergence of strong sovereign states after the Treaty of Westphalia turned two of the most cosmopolitan professions (law and arms) into two of the least cosmopolitan. Sovereign states determined the content of the law within their borders – including which, if any, ecclesiastical law was to be applied; what form of economic regulation was adopted; and what, if any, international law applied. Similarly, states sought to ensure that all military force was at their disposal in national armies. The erosion of sovereignty in a post-Westphalian world may significantly reverse these processes. The erosion of sovereignty is likely to have profound consequences for the legal profession and the ethics of how, and for what ends, it is practised. Lawyers have played a major role in the civilization of sovereign states through the articulation and institutionalisation of key governance values – starting with the rule of law. An increasingly global profession must take on similar tasks. The same could be said of the military. This essay will review the concept of an international rule of law and its relationship to domestic conceptions and outline the task of building the international rule of law and the role that lawyers can and should play in it.

What once was old is new again: reviving an early-modern form of interdisciplinarity for socio-legal studies

Socio-legal studies are an essentially interdisciplinary enterprise. However, there is currently only one form of interdisciplinarity that most socio-legal scholars (and criminologists) recognise and work with. This form is derived from the idea that 'society itself' - and by this most scholars mean 'civil society' - drives the law. However, another, rival understanding of society, which we term the authoritarian-liberal statist understanding that slipped from view in the late seventeenth century and remained obscure from then until now, may be used to generate another form of interdisciplinarity for sOcio-legal studies (and for criminology). However, this rival understanding of society does not simply allow us to reconfigure our notion of 'society'; it radically changes the role society plays in relation to the law. Two crucial points emerge from this rival account: first, society can no longer be understood as separable from (even though interacting with) the law; and second, society can no longer be understood as driving the law.

Cosmetic surgery on children : professional and legal obligations in Australia

Public awareness and concern about cosmetic surgery on children is increasing. Nationally and internationally questions have been raised by the media and government bodies about the appropriateness of children undergoing cosmetic surgery. Considering the rates of cosmetic surgery in comparable Western societies, it seems likely that the number of physicians in Australia who will deal with a request for cosmetic surgery for a child will continue to increase. This is a sensitive issue and it is essential that physicians understand the professional and legal obligations that arise when cosmetic surgery is proposed for a child.

Academic skills and scholarship for nurses : building aspiration and preparing nurses for academic success

Academic Skills and Scholarship for Nurses is a pilot programme which addresses academic aspiration and study preparedness of mature aged students. It is a series of four workshops designed and implemented by QUT Library staff in collaboration with Nursing and Midwifery academics, for pre- and post- registration nursing staff within the region of Caboolture, Redcliffe and Kilcoy. The programme extends QUT Library’s learning and study support expertise to the local community. The intended outcomes of the programme are fourfold. Firstly, encourage educational aspirations of mature age students, to establish realistic expectations and practical strategies for beginning tertiary study. Secondly, skills developed will be congruent with lifelong learning principles and continuing professional development requirements of professional nursing bodies. Thirdly, alignment with QUT strategies for widening participation in higher education and finally, strengthen existing relationships between academic and professional staff, and QUT and the local community for the benefit of all stakeholders.

Building info-skills by degrees : embedding information literacy in university study

Late last year teaching staff at Griffith University participated in a symposium entitled 'Spotlight on Generic Skills & Flexible Learning'. This event brought together academic staff as well as library staff, learning advisers and other support staff interested in teaching and learning issues. The discussion was based on the premise that the University has a responsibility to ensure that its courses emphasise broad educational values and 'produce highly sought after graduates with globally applicable skills for the international market'(1). It was acknowledged that the University consistently scores very highly with graduates for its development of generic skills. However at the same time staff expressed concern at the challenge of developing more flexible, student-centred learning environments that have generic skills embedded across all programs (2). As a result there has been much debate in the University about which skills are important, how they will be acquired and how they could effectively be built into the curriculum. One outcome of these discussions is the project described in this paper. What follows is an overview of the project and a discussion about the integration and development of information literacy as a generic attribute in the curriculum and some suggestions on ways forward.