Medical negligence, causation and liability for non-disclosure of risk : a post-wallace framework and critique

Through an examination of Wallace v Kam, this article considers and evaluates the law of causation in the specific context of a medical practitioner’s duty to provide information to patients concerning material risks of treatment. To supply a contextual background for the analysis which follows, Part II summarises the basic principles of causation law, while Part III provides an overview of the case and the reasoning adopted in the decisions at first instance and on appeal. With particular emphasis upon the reasoning in the courts of appeal, Part IV then examines the implications of the case in the context of other jurisprudence in this field and, in so doing, provides a framework for a structured consideration of causation issues in future non-disclosure cases under the Australian civil liability legislation. As will become clear, Wallace was fundamentally decided on the basis of policy reasoning centred upon the purpose behind the legal duty violated. Although the plurality in Rogers v Whitaker rejected the utility of expressions such as ‘the patient’s right of self-determination’ in this context, some Australian jurisprudence may be thought to frame the practitioner’s duty to warn in terms of promoting a patient’s autonomy, or right to decide whether to submit to treatment proposed. Accordingly, the impact of Wallace upon the protection of this right, and the interrelation between it and the duty to warn’s purpose, is investigated. The analysis in Part IV also evaluates the courts’ reasoning in Wallace by questioning the extent to which Wallace’s approach to liability and causal connection in non-disclosure of risk cases: depends upon the nature and classification of the risk(s) in question; and can be reconciled with the way in which patients make decisions. Finally, Part V adopts a comparative approach by considering whether the same decision might be reached if Wallace was determined according to English law.

Children's emotions and multimodal appraisal of places : walking with the camera

This sensory ethnography explores the affordances and constraints of multimodal design to represent emotions and appraisal associated with experiencing local places. Digital video production, walking with the camera, and the use of a think-aloud protocol to reflect on the videos, provided an opportunity for the primary school children to represent their emotions and appraisal of places multimodally. Applying a typology from Martin and White's (2005) framework for the Language of Evaluation, children's multimodal emotional responses to places in this study tended toward happiness, security, and satisfaction. The findings demonstrate an explicit connection between children's emotions in response to local places through video, while highlighting the potential for teachers to use digital filmmaking to allow children to reflect actively on their placed experiences and represent their emotional reactions to places through multiple modes.

Correlation based method for phase identification in a three phase LV distribution network

Low voltage distribution networks feature a high degree of load unbalance and the addition of rooftop photovoltaic is driving further unbalances in the network. Single phase consumers are distributed across the phases but even if the consumer distribution was well balanced when the network was constructed changes will occur over time. Distribution transformer losses are increased by unbalanced loadings. The estimation of transformer losses is a necessary part of the routine upgrading and replacement of transformers and the identification of the phase connections of households allows a precise estimation of the phase loadings and total transformer loss. This paper presents a new technique and preliminary test results for a method of automatically identifying the phase of each customer by correlating voltage information from the utility's transformer system with voltage information from customer smart meters. The techniques are novel as they are purely based upon a time series of electrical voltage measurements taken at the household and at the distribution transformer. Experimental results using a combination of electrical power and current of the real smart meter datasets demonstrate the performance of our techniques.

Consumer phase identification in a three phase unbalanced LV distribution network

A new technique is presented for automatically identifying the phase connection of domestic customers. Voltage information from a reference three phase house is correlated with voltage information from other customer electricity meters on the same network to determine the highest probability phase connection. The techniques are purely based upon a time series of electrical voltage measurements taken by the household smart meters and no additional equipment is required. The method is demonstrated using real smart meter datasets to correctly identify the phase connections of 75 consumers on a low voltage distribution feeder.

Trashtopia by Maison Briz Vegas

Description of the Work Trashtopia was a fashion exhibition at Craft Queensland’s Artisan gallery showcasing outfits made entirely from rubbish materials. The exhibition was part of an on-going series by the Queensland Fashion Archives, called Remember or Revive. Maison Briz Vegas designers, Carla Binotto and Carla van Lunn created a dystopian beach holiday tableau referencing mid-century Californian and Gold Coast beach culture and style, and today’s plastic pollution of the world’s oceans. The display engaged a popular audience with ideas about environmental destruction and climate change while bringing twentieth and twenty-first century consumer and leisure culture into question. The medium of fashion was used as a means of amusement and provocation. The fashion objects and installation questioned current mores about the material value of rubbish and the installation was also a work of environmental activism. Statement of the Research Component The work was framed by critical reflections of contemporary consumer culture and research fields questioning value in waste materials and fashion objects. The work is situated in the context of conceptual and experimental fashion design practice and fashion presentation. The exhibited work transgressed the conventional production methods and material choice of designer fashion garments, for example, discarded plastic shopping bags were painstakingly shredded to mimic ostrich feathers. The viewer was prompted to reflect on the materiality of rubbish and its potential for transformation. The exhibition also sits in the context of culture jamming and contemporary activist practice. The work references and subverts twentieth century beach holiday culture, contrasting resort wear with a contemporary picture of plastic pollution of the oceans and climate change. Hawaiian style prints contained a playful and dark narrative of dying marine-life and the viewer was invited to take a “Greetings from Trashtopia” postcard depicting fashion models floating in oceans of plastic rubbish. This reflective creative practice sought to address the question of whether fashion made from recycled rubbish materials can critically and emotionally engage viewers with questions about contemporary consumer culture and material value. This work presents an innovative model of fashion design practice in which rubbish materials are transformed into designer garments and rubbish is placed centre stage in the public presentation of the designs. In overturning the traditional model of fashion presentation, the viewer is also given a deeper connection to the recycling process and complex ideas of waste and value. In 2015 two outfits from the exhibition were selected, along with works from three leading Australian fashion labels, and four leading New Zealand labels, for a commemorative ANZAC fashion collection shown at iD Dunedin Fashion Week. The show titled, “Together Alone, revisited” reprised an Australian and New Zealand fashion exhibition first held at the National Gallery of Victoria in 2009.

Confessions of a Non-Emigrant

Confessions of a Non-Emigrant is innovative in combining two areas of investigation in creative writing and literature. I investigate both the idea of life writing as therapeutic for the author, and the (reflexive and enabling) blurred boundary between life writing and fiction. I set up a dynamic where the narrative of the story (fictionalised memoir) proposes the therapeutic advantage of utilising one’s life-story in fiction (increased sense of coherent identity and agency) and a perspective (through the device of multiple selves), on the constructedness and instability of identity. I mobilise and explore Pennebaker’s argument that making a narrative of one’s life enhances the writer’s sense of a connection with community and place (represented by Brisbane).

Cryptanalysis of SIMON Variants with Connections

SIMON is a family of 10 lightweight block ciphers published by Beaulieu et al. from the United States National Security Agency (NSA). A cipher in this family with K -bit key and N -bit block is called SIMON N/K . We present several linear characteristics for reduced-round SIMON32/64 that can be used for a key-recovery attack and extend them further to attack other variants of SIMON. Moreover, we provide results of key recovery analysis using several impossible differential characteristics starting from 14 out of 32 rounds for SIMON32/64 to 22 out of 72 rounds for SIMON128/256. In some cases the presented observations do not directly yield an attack, but provide a basis for further analysis for the specific SIMON variant. Finally, we exploit a connection between linear and differential characteristics for SIMON to construct linear characteristics for different variants of reduced-round SIMON. Our attacks extend to all variants of SIMON covering more rounds compared to any known results using linear cryptanalysis. We present a key recovery attack against SIMON128/256 which covers 35 out of 72 rounds with data complexity 2123 . We have implemented our attacks for small scale variants of SIMON and our experiments confirm the theoretical bias presented in this work.

How to plan and implement an environmental education program for a conservation area : lessons from Australia and Borneo

The Augo Wetland Forest Park, along with other conservation areas around the world, provides an opportunity for a personal connection with the natural world - an opportunity for creating ways to convince people to reverse the degradation of the planet. In this presentation I use the settings approach, as used by the World Health Organisation in health promotion, as a framework. The WHO’s 1986 Ottawa Charter states that "Health is created and lived by people within the settings of their everyday life; where they learn, work, play, and love." I argue that, similarly, a conservation area provides a setting for people to connect with environmental issues and can be the place where positive behaviours and actions for the environment are created and enacted. In a wired and virtual world, such settings may be the only opportunity some people, especially children, get to connect with the environment. An evidence-based, intentionally designed and implemented environmental education program enhances the opportunities for the personal connection and subsequent action. Planning and implementing an Environmental education program for a conservation area requires an understanding of the principles of three domains: • Environmental Communication • Environmental Education • Environmental Interpretation In this presentation I define these domains and demonstrate how they become interdependent within the context of a particular setting such as a conservation area. I outline the principles of each domain and demonstrate how they can be enacted with reference to environmental education program case studies from settings in Australia and Borneo. The first case study is based around a proposal for a planned residential community at Eden’s Crossing, in Brisbane’s high growth Western corridor. The setting featured a number of important natural and heritage conservation characteristics and the developer wanted to be pro-active in informing the market what this development aims to achieve in terms of innovative community and environmental objectives. By designing an education and interpretation program in line with best practice education and interpretation principles the developers would be assisted in their efforts to build community, preserve heritage, and facilitate environmentally sensitive lifestyles for the future residents of Eden’s Crossing. Above all, the strategy focused on advancing sustainability in a way that made the Eden’s Crossing greenfield development significantly greener. It did this by interacting with prospective purchasers, and building knowledge about sustainability with a view to shaping the future community of Eden’s Crossing in terms of attitudes and behaviours. The second case study is based around the development of the Rainforest Interpretation Centre (RIC), now renamed the Rainforest Discovery Centre, an environmental education facility managed by the Sabah Forestry Department (SFD) and located at the edge of the Kabili-Sepilok Forest Reserve in the East Malaysian state of Sabah (Borneo). This setting is of paramount importance for biodiversity conservation and research and a vital habitat for orang utan. As an Environmental Education Consultant I was tasked with developing an environmental education program for this setting as part of the SFD’s long- term strategy towards sustainable forest management. By employing the principles of Environmental Education and Environmental Interpretation I designed and implemented a program with three major components: • an environmental education component for visiting primary and secondary school groups. • an environmental education component for in-service and pre-service teachers and teacher educators. • a public awareness and environmental interpretation component which caters for the general public and tourists. From these modest beginnings the program has expanded and new facilities have been developed to meet the demands of visitors, teachers and students. The effectiveness of the program can be traced back to the grounding in the principles of best practice environmental education, communication and interpretation.

The Threshold Learning Outcome on self-management for the Bachelor of Laws degree : a proposed focus for teaching strategies in the first year law curriculum

The Australian Learning and Teaching Council (ALTC) Discipline Scholars for Law, Professors Sally Kift and Mark Israel, articulated six Threshold Learning Outcomes (TLOs) for the Bachelor of Laws degree as part of the ALTC’s 2010 project on Learning and Teaching Academic Standards. One of these TLOs promotes the learning, teaching and assessment of self-management skills in Australian law schools. This paper explores the concept of self-management and how it can be relevantly applied in the first year of legal education. Recent literature from the United States (US) and Australia provides insights into the types of issues facing law students, as well as potential antidotes to these problems. Based on these findings, I argue that designing a pedagogical framework for the first year law curriculum that promotes students’ connection with their intrinsic interests, values, motivations and purposes will facilitate student success in terms of their personal well-being, ethical dispositions and academic engagement.

Becoming Kalgoorlie : gold mining, brothels, and ‘skimpie’ bars

On our first day in Kalgoorlie, a local woman in her mid-thirties tells us that ‘Kal wouldn’t exist if it wasn’t for mining and prostitution’. In the ensuing days many others would tell us the same thing. More explicitly, in the words of another local resident, ‘The town was founded on brothels. [Without them] the men wouldn’t have been happy and they wouldn’t have got as much gold.’ These two phenomena – mining and prostitution – and their seemingly natural and straightforward connection to each other are also routinely invoked in tourist and popular culture depictions of Kalgoorlie. The Lonely Planet, for example, notes that ‘historically, mineworkers would come straight to town to spend disposable income at Kalgoorlie’s infamous brothels, or at pubs staffed by “skimpies” (scantily clad female bar staff)’.

Starting with strengths : an Indigenous early years intervention

Aboriginal protocol usually links the right to tell a story with a declaration of involvement or connection to the story. I am Aboriginal . . . I am a woman, daughter, sister, aunty and wife. I am also a mother to three beautiful children aged 6, 4 and 2 years. To my children at this point in their lives, I am their provider, nurturer, teacher, cook, taxi driver, mediator, stylist, Elder, slave, and expert on all there is to know in the world. Being the centre of the universe to three impressionable young minds is a role that I cherish deeply, and I take the responsibilities of it very seriously. I love the job of parenting. As any parent would agree, it is the most challenging and difficult job of all, but the opportunity to bring a life into the world and shape and mould a little person into a big person brings rewards that no career can.

Perceiving the interactive body in dance: Enhancing kinesthetic empathy through art objects

Through a consideration of audience experience of embodiment in contemporary dance performance, this project used kinesthetic empathy as a theoretical construct to inform choreographic decision-making. The research outcome challenged the traditional performer/audience relationship through an interactive dance performance work entitled Planets. This acted as a platform that allowed both audience and performer to collaboratively listen to, process and form movement in a shared kinesthetic state. This connection was enabled through the distribution of interactive art objects, which responded to the shifting proximity between performer and audience. The performance was thus experienced through following a shared goal as instigated by the interactive technology. Through practice-led research, knowledge from kinesthetic empathy, embodied cognition and the mirror neuron system were used to develop the project’s aim in encouraging interactive audiences to engage in movement. This aim influenced studio explorations of movement through an enquiry into the kinesthetic self in dance. Investigations used movement quality, tension, mobility and acceleration to access a familiar movement vocabulary appropriate for a broad interactive audience. This informed the role of the researcher as performer. Planets was developed as a collaborative project between Michael Smith and interactive visual designer Andy Bates and performed over three nights at the Ars Electronica Festival 2014 in Linz, Austria. Supported by documented footage from Planets and audience responses to the performances, this paper draws together the theoretical underpinnings behind the development of the work and includes the experiential perspective of the performer.

Disconnecting with Social Networking Sites

Ben Light puts forward an alternative way of thinking about how we engage with social networking sites, going beyond the emphasis upon connectivity that has been associated with research in the area to date. Analysing our engagements and disengagements social networking sites in public (in cafes and at bus stops), at work (at desks, photocopiers and whilst cleaning), in our personal lives (where we cull friends and gossip on backchannels) and as related to our health and wellbeing (where we restrict our updates), he emphasises the importance of disconnection instead of connection. The book produces a theory of disconnective practice. This theory requires our attention to geographies of disconnection that include relations with a site, within a site, between sites and between sites and a physical world. Attention to disconnectors, as human and non-human is required, and the modes by which disconnection can occur can then be revealed. Light argues that diversity in the exercise of power is key to understanding disconnective practice where social networking sites are concerned, and he suggests that the ethics of disconnection may also require interrogation.

Strategies for the suspension and prevention of disconnection: Rendering disconnection as socioecenomic lubricant with Facebook

This paper attends to the idea of disconnection as a way of theorising people’s lived experience of social networking sites. Enrolling and extending a disconnective practice lens we suggest that the disconnective strategies of suspension and prevention are operational necessities for those we might see as the users and owners of sites such as Facebook. Indeed, our work demonstrates that disconnection in these contexts need not be associated only with modes of resistance and departure, but can also act as socioeconomic lubricant.

Permanent shift: the topology of Didier Vermeiren's Cariatide à la Pierre

Photographic documentation of sculpture produces significant consequences for the way in which sculptural space is conceived. When viewed as discrete mediums the interaction of the photograph and its sculptural subject is always framed by notions of loss. However, when taken as a composite system, the sculpture-photograph proposes a new ontology of space. In place of the fixity of medium, we can observe a topology at play: a theory drawn from mathematics in which space is understood not as a static field but in terms of properties of connectedness, movement and differentiation. Refracted through the photographic medium, sculpture becomes not a field of fixed points in space, but rather as a fluid set of relations - a continuous sequence of multiple ‘surfaces’, a network of shifting views. This paper will develop a topological account of studio practice through an examination of the work of the contemporary Belgian sculptor Didier Vermeiren (b. 1951). Since the 1980s, Vermeiren has made extensive use of photography in his sculptural practice. By analysing a series of iterations of his work Cariatide à la Pierre (1997-1998), this paper proposes that Vermeiren’s use of photography reveals patterns of connection that expand and complicate the language of sculpture, while also emphasising the broader topology of the artist’s practice as a network of ‘backward glances’ to previous works from the artist’s oeuvre and the art-historical canon. In this context, photography is not simply a method of documentation, but rather a means of revealing the intrinsic condition of sculpture as medium shaped by dynamic patterns of connection and change. In Vermeiren’s work the sculpture-photograph, has a composite identity that exceeds straightforward categories of medium. In their place, we can observe a practice based upon the complex interactions of objects whose ontology is always underpinned by a certain contingency. It is in this fundamental mobility, that the topology of Vermeiren’s practice can be said to rest.