851 resultados para administrative remedies
Resumo:
The Swedish system of social security has often been regarded as comprehensive and comprehensive and inclusive. During major reforms in the 1990s and 2000s, it has maintained its essential character as a popular and well-endowed provider of social security and stability. Employment-related benefits are generous in financial terms, but come with the need for recipients to remain actively engaged in the economic or educational field. However, Sweden’s geographical and demographic diversity made it necessary to increase the role of local authorities in implementing active labour market policies. This article tracks these developments since the mid-1990s, both with regard to changing the benefits system and with regard to changing local government involvement. It argues that backed by broad political support, the Swedish system has achieved the necessary modernisation and adaptation to remain a viable alternative to more neo-liberal welfare retrenchment projects conducted in other European countries.
Resumo:
Avec l’adoption le 4 octobre 2011 par l’Assemblée nationale du Québec du projet de loi 89 intitulé «Loi modifiant la Loi sur la qualité de l’environnement afin d’en renforcer le respect», le législateur est venu renforcer le régime de droit pénal en augmentant la sévérité des peines pour les infractions à Loi sur la qualité de l’environnement. Il a aussi élargi les pouvoirs d’intervention du ministre en lien avec les autorisations qu’il émet. Cependant, la principale réforme apportée par le projet de loi 89 qui touche aux mécanismes même de protection de l’environnement, est la création de toute pièce d’un régime de sanctions dites administratives pécuniaires, parallèlement au régime de sanctions déjà existantes. La première interrogation, soulevée à l’égard des sanctions administratives pécuniaires, et la plus fondamentale, était celle de savoir si le contrevenant devait bénéficier des protections constitutionnelles énoncées à l’article 11 de la Charte canadienne des droits et libertés, tel un inculpé face à une procédure pénale. Puisque nous concluons que ces sanctions relèvent uniquement du droit administratif, nous avons cherché à déterminer quel serait le contenu du devoir d’agir équitablement de l’Administration lors du processus d’émission et de contestation de la sanction administrative pécuniaire.
Resumo:
Os EUA e a UE têm vindo a perder sistematicamente capacidade competitiva em relação à China e a outros países, no que se refere ao trabalho no segundo setor da economia. De facto, os países industrializados ocidentais não conseguem competir nos setores profissionais menos qualificados, dada a diferença de custo de trabalho em relação a outras regiões do globo, pelo que terão de apostar na promoção do empreendedorismo e da propriedade intelectual (inovação, IT, patentes, etc.). A crise que iniciou em 2008, e a perda de empregos e redução do crescimento do PIB que lhe estão associados no ocidente, demonstra a necessidade urgente de uma transformação para responder ao desafio do empreendedorismo e do crescimento económico. As Instituições de Ensino Superior têm um papel central a desempenhar nesta área, procurando conceder através da formação ferramentas promotoras de uma formação empreendedora e que apoiem a consolidação de PME. Com este artigo pretendemos desenvolver uma primeira abordagem sobre a forma de apostar na qualificação da assessoria administrativa, nas mais diversas áreas do mercado de trabalho.
Resumo:
Avec l’adoption le 4 octobre 2011 par l’Assemblée nationale du Québec du projet de loi 89 intitulé «Loi modifiant la Loi sur la qualité de l’environnement afin d’en renforcer le respect», le législateur est venu renforcer le régime de droit pénal en augmentant la sévérité des peines pour les infractions à Loi sur la qualité de l’environnement. Il a aussi élargi les pouvoirs d’intervention du ministre en lien avec les autorisations qu’il émet. Cependant, la principale réforme apportée par le projet de loi 89 qui touche aux mécanismes même de protection de l’environnement, est la création de toute pièce d’un régime de sanctions dites administratives pécuniaires, parallèlement au régime de sanctions déjà existantes. La première interrogation, soulevée à l’égard des sanctions administratives pécuniaires, et la plus fondamentale, était celle de savoir si le contrevenant devait bénéficier des protections constitutionnelles énoncées à l’article 11 de la Charte canadienne des droits et libertés, tel un inculpé face à une procédure pénale. Puisque nous concluons que ces sanctions relèvent uniquement du droit administratif, nous avons cherché à déterminer quel serait le contenu du devoir d’agir équitablement de l’Administration lors du processus d’émission et de contestation de la sanction administrative pécuniaire.
Resumo:
The purpose of the Administrative Policies and Procedures Manual is to furnish guidance to all departments, divisions, sections, and offices of the South Carolina Workers’ Compensation Commission in administering policies of the Commission and of the State of South Carolina. These policies and procedures are offered to provide a method of understanding administrative guidelines of the Commission and a structure for consistent application of rules and regulations to all employees. In addition, the contents of this manual are designed to serve as general guidelines for the proper and efficient conduct of administrative procedures.
Resumo:
En vertu de l’expertise qu’il détient, l’agent public contribue à la réflexion du politique. L’acteur public est en quelque sorte un outil d’aide à la décision. Le paradigme classique en théorie des organisations assume que le bureaucrate est un acteur programmé dont les actions sont guidées par la règlementation et la codification juridico-légale entourant sa pratique. Quant à elle, l’École de la nouvelle gestion publique suppose que l’agent public doit opérer librement selon les indicateurs de la sphère privée ; il doit viser l’efficacité au moindre coût et prioriser la culture du résultat. De plus, dans des conditions respectant l’environnement où se dessine le partage de renseignements, les chercheurs ne s’entendent pas sur le principe de l’allié qui postule conventionnellement que des préférences similaires favorisent la transmission optimale de l’information entre le politique et la fonction publique. Quel modèle prévaut au Québec ? Sous quelles formes s’opérationnalise-t-il en contexte de transfert ? La thèse d’une compatibilité préférentielle est-elle garante d’une translation informationnelle améliorée ? En usant du modèle canonique principal-agent, ce mémoire confronte la croyance répandue voulant que l’État québécois soit foncièrement webérien en adressant certaines des plus importantes conclusions théoriques dans la discipline. Les résultats démontrent que l’appareil d’État est issu d’un croisement entre les deux principaux paradigmes reconnus dans la littérature. Aussi, le mémoire fait état d’une similarité entre l’interprétation traditionnelle de l’ally principle et la réalité empirique retrouvée dans la relation entre le haut fonctionnaire et le législateur québécois. Ultimement, l’étude démontre que l’administrateur d’État est stratégique dans certaines situations qu’il sait instrumentaliser et où il peut occuper un espace discrétionnaire suffisant pour valoriser ses intérêts professionnels et ceux de son organisation.
Resumo:
This paper reports on the experiences of an extracurricular program in English language learning (ELL) that was implemented in an institute of technology in the hinterland of the People's Republic of China (PRC). Following the guidelines set out in an impact study of the reform of curriculum change in Hong Kong (Adamson & Morris, 2000), this study takes account of the context of the particular socio-cultural and political environment in which the research program takes place. Three distinct phases emerged in the career of the extracurricular program - the establishment of the program; successful implementation; and the decline. The study identifies three key factors that shaped these phases: teacher motivation; student motivation and its various influences; and available resources (including collegial and administrative support). The findings suggest that of the key factors impacting on the ELL extracurriculum, student motivation was the most influential.
Resumo:
In his report into corruption in Queensland, Fitzgerald listed whistleblower protection as a necessary part of a strong governance regime. "What is required is an accessible, independent body to which disclosures can be made, confidentially (at least in the first instance) and in any event free from fear of reprisals." It was one of the reforms studied by the Electoral and Administrative Review Committee, the report of which resulted in the Whistleblowers Protection Act 1994 (WPA). The need for whistleblower protection was supported by all sides of Parliament. The Premier, Wayne Goss, in his Second Reading Speech on the Public Sector Ethics Bill , said that that Act and the WPA would form a package with the former outlining required behaviour and the WPA encouraging staff to report wrongdoing. The WPA was subsequently passed and has remained virtually unamended for over a decade. Such consistency is either an indication of skilled drafting and effectiveness or the fact that the Act has been neglected. It is the hypothesis of this paper that the latter is the case. This hypothesis will be tested by examining the sincerity and diligence with which the Act has been treated during, and following, its passage.
Resumo:
Abstract Maintaining the health of a construction project can help to achieve the desired outcomes of the project. An analogy is drawn to the medical process of a human health check where it is possible to broadly diagnose health in terms of a number of key areas such as blood pressure or cholesterol level. Similarly it appears possible to diagnose the current health of a construction project in terms of a number of Critical Success Factors (CSFs) and key performance indicators (KPIs). The medical analogy continues into the detailed investigation phase where a number of contributing factors are evaluated to identify possible causes of ill health and through the identification of potential remedies to return the project to the desired level of health. This paper presents the development of a model that diagnoses the immediate health of a construction project, investigates the factors which appear to be causing the ill health and proposes a remedy to return the project to good health. The proposed model uses the well-established continuous improvement management model (Deming, 1986) to adapt the process of human physical health checking to construction project health.
Resumo:
Shared Services (SS) involves the convergence and streamlining of an organisation’s functions to ensure timely service delivery as effectively and efficiently as possible. As a management structure designed to promote value generation, cost savings and improved service delivery by leveraging on economies of scale, the idea of SS is driven by cost reduction and improvements in quality levels of service and efficiency. Current conventional wisdom is that the potential for SS is increasing due to the increasing costs of changing systems and business requirements for organisations and in implementing and running information systems. In addition, due to commoditisation of large information systems such as enterprise systems, many common, supporting functions across organisations are becoming more similar than not, leading to an increasing overlap in processes and fuelling the notion that it is possible for organisations to derive benefits from collaborating and sharing their common services through an inter-organisational shared services (IOSS) arrangement. While there is some research on traditional SS, very little research has been done on IOSS. In particular, it is unclear what are the potential drivers and inhibitors of IOSS. As the concepts of IOSS and SS are closely related to that of Outsourcing, and their distinction is sometimes blurred, this research has the first objective of seeking a clear conceptual understanding of the differences between SS and Outsourcing (in motivators, arrangements, benefits, disadvantages, etc) and based on this conceptual understanding, the second objective of this research is to develop a decision model (Shared Services Potential model) which would aid organisations in deciding which arrangement would be more appropriate for them to adopt in pursuit of process improvements for their operations. As the context of the study is on universities in higher education sharing administrative services common to or across them and with the assumption that such services were homogenous in nature, this thesis also reports on a case study. The case study involved face to face interviews from representatives of an Australian university to explore the potential for IOSS. Our key findings suggest that it is possible for universities to share services common across them as most of them were currently using the same systems although independently.
Resumo:
Driving under the influence (DUI) is a major road safety problem. Historically, alcohol has been assumed to play a larger role in crashes and DUI education programs have reflected this assumption, although recent evidence suggests that younger drivers are becoming more likely to drive drugged than to drive drunk. This is a study of 7096 Texas clients under age 21 who were admitted to state-funded treatment programs between 1997 and 2007 with a past-year DUI arrest, DUI probation, or DUI referral. Data were obtained from the State’s administrative dataset. Multivariate logistic regressions models were used to understand the differences between those minors entering treatment as a DUI as compared to a non-DUI as well as the risks for completing treatment and for being abstinent in the month prior to follow-up. A major finding was that over time, the primary problem for underage DUI drivers changed from alcohol to marijuana. Being abstinent in the month prior to discharge, having a primary problem with alcohol rather than another drug, and having more family involved were the strongest predictors of treatment completion. Living in a household where the client was exposed to alcohol abuse or drug use, having been in residential treatment, and having more drug and alcohol and family problems were the strongest predictors of not being abstinent at follow-up. As a result, there is a need to direct more attention towards meeting the needs of the young DUI population through programs that address drug as well as alcohol consumption problems.
Resumo:
More than a century ago in their definitive work “The Right to Privacy” Samuel D. Warren and Louis D. Brandeis highlighted the challenges posed to individual privacy by advancing technology. Today’s workplace is characterised by its reliance on computer technology, particularly the use of email and the Internet to perform critical business functions. Increasingly these and other workplace activities are the focus of monitoring by employers. There is little formal regulation of electronic monitoring in Australian or United States workplaces. Without reasonable limits or controls, this has the potential to adversely affect employees’ privacy rights. Australia has a history of legislating to protect privacy rights, whereas the United States has relied on a combination of constitutional guarantees, federal and state statutes, and the common law. This thesis examines a number of existing and proposed statutory and other workplace privacy laws in Australia and the United States. The analysis demonstrates that existing measures fail to adequately regulate monitoring or provide employees with suitable remedies where unjustifiable intrusions occur. The thesis ultimately supports the view that enacting uniform legislation at the national level provides a more effective and comprehensive solution for both employers and employees. Chapter One provides a general introduction and briefly discusses issues relevant to electronic monitoring in the workplace. Chapter Two contains an overview of privacy law as it relates to electronic monitoring in Australian and United States workplaces. In Chapter Three there is an examination of the complaint process and remedies available to a hypothetical employee (Mary) who is concerned about protecting her privacy rights at work. Chapter Four provides an analysis of the major themes emerging from the research, and also discusses the draft national uniform legislation. Chapter Five details the proposed legislation in the form of the Workplace Surveillance and Monitoring Act, and Chapter Six contains the conclusion.
Resumo:
This document outlines a framework that could be used by government agencies in assessing policy interventions aimed at achieving social outcomes from government construction contracts. The framework represents a rational interpretation of the information gathered during the multi-outcomes construction policies project. The multi-outcomes project focused on the costs and benefits of using public construction contracts to promote the achievement of training and employment and public art objectives. The origin of the policy framework in a cost-benefit appraisal of current policy interventions is evidenced by its emphasis on sensitivity to policy commitment and project circumstances (especially project size and scope).The quantitative and qualitative analysis conducted in the multi-outcomes project highlighted, first, that in the absence of strong industry commitment to policy objectives, policy interventions typically result in high levels of avoidance activity, substantial administrative costs and very few benefits. Thus, for policy action on, for example, training or local employment to be successful compliance issues must be adequately addressed. Currently it appears that pre-qualification schemes (similar to the Priority Access Scheme) and schemes that rely on measuring, for example, the training investments of contractors within particular projects do not achieve high levels of compliance and involve significant administrative costs. Thus, an alternative is suggested in the policy framework developed here: a levy on each public construction project – set as a proportion of the total project costs. Although a full evaluation of this policy alternative was beyond the scope of the multi-outcomes construction policies project, it appears to offer the potential to minimize the transaction costs on contractors whilst enabling the creation of a training agency dedicated to improving the supply of skilled construction labour. A recommendation is thus made that this policy alternative be fully researched and evaluated. As noted above, the outcomes of the multi-outcomes research project also highlighted the need for sensitivity to project circumstances in the development and implementation of polices for public construction projects. Ideally a policy framework would have the flexibility to respond to circumstances where contractors share a commitment to the policy objectives and are able to identify measurable social outcomes from the particular government projects they are involved in. This would involve a project-by-project negotiation of goals and performance measures. It is likely to only be practical for large, longer term projects.
Resumo:
Maintaining the health of a construction project can help to achieve the desired outcomes of the project. An analogy is drawn to the medical process of a human health check where it is possible to broadly diagnose health in terms of a number of key areas such as blood pressure or cholesterol level. Similarly it appears possible to diagnose the current health of a construction project in terms of a number of Critical Success Factors (CSFs) and key performance indicators (KPIs). The medical analogy continues into the detailed investigation phase where a number of contributing factors are evaluated to identify possible causes of ill health and through the identification of potential remedies to return the project to the desired level of health. This paper presents the development of a model that diagnoses the immediate health of a construction project, investigates the factors which appear to be causing the ill health and proposes a remedy to return the project to good health. The proposed model uses the well-established continuous improvement management model (Deming, 1986) to adapt the process of human physical health checking to construction project health.
Resumo:
Objective: To examine the reliability of work-related activity coding for injury-related hospitalisations in Australia. Method: A random sample of 4373 injury-related hospital separations from 1 July 2002 to 30 June 2004 were obtained from a stratified random sample of 50 hospitals across 4 states in Australia. From this sample, cases were identified as work-related if they contained an ICD-10-AM work-related activity code (U73) allocated by either: (i) the original coder; (ii) an independent auditor, blinded to the original code; or (iii) a research assistant, blinded to both the original and auditor codes, who reviewed narrative text extracted from the medical record. The concordance of activity coding and number of cases identified as work-related using each method were compared. Results: Of the 4373 cases sampled, 318 cases were identified as being work-related using any of the three methods for identification. The original coder identified 217 and the auditor identified 266 work-related cases (68.2% and 83.6% of the total cases identified, respectively). Around 10% of cases were only identified through the text description review. The original coder and auditor agreed on the assignment of work-relatedness for 68.9% of cases. Conclusions and Implications: The current best estimates of the frequency of hospital admissions for occupational injury underestimate the burden by around 32%. This is a substantial underestimate that has major implications for public policy, and highlights the need for further work on improving the quality and completeness of routine, administrative data sources for a more complete identification of work-related injuries.