Insurance and transport law : controlling insurance contract terms : Section 54 of the Insurance Contracts Act – compliance, recovery and accountability

Commonwealth legislation covering insurance contracts contains numerous provisions designed to control the operation and effect of terms in life and general insurance contracts. For example, the Life Insurance Act 1995 (Cth) contains provisions regulating the consequences attendant upon incorrect statements in proposals [1] and non-payment of premiums, [2] provides that an insurer may only exclude liability in the case of suicide if it has made express provision for such contingency in its policy, [3] and severely restricts the efficacy of conditions as to war risks. [4] The Insurance Contracts Act 1984 (Cth) is even more intrusive and has a major impact upon contractual provisions in the general insurance field. It is beyond the scope of this note to explore all of these provisions in any detail but examples of controls and constraints imposed upon the operation and effect of contractual provisions include the following. A party is precluded from relying upon a provision in a contract of insurance if such reliance would amount to a failure to act with the utmost good faith. [5] Similarly, a policy provision which requires differences or disputes arising out of the insurance to be submitted to arbitration is void, [6] unless the insurance is a genuine cover for excess of loss over and above another specified insurance. [7] Similarly clause such as conciliation clauses, [8] average clauses, [9] and unusual terms [10] are given qualified operation. [11] However the provision in the Insurance Contracts Act that has the greatest impact upon, and application to, a wide range of insurance clauses and claims is s 54. This section has already generated a significant volume of case law and is the focus of this note. In particular this note examines two recent cases. The first, Johnson v Triple C Furniture and Electrical Pty Ltd [2012] 2 Qd R 337, (hereafter the Triple C case), is a decision of the Queensland Court of Appeal; and the second, Matthew Maxwell v Highway Hauliers Pty Ltd [2013] WASCA 115, (hereafter the Highway Hauliers case), is a decision of the Court of Appeal in Western Australia. This latter decision is on appeal to the High Court of Australia. The note considers too the decision of the New South Wales Court of Appeal in Prepaid Services Pty Ltd v Atradius Credit Insurance NV [2013] NSWCA 252 (hereafter the Prepaid Services case).These cases serve to highlight the complex nature of s 54 and its application, as well as the difficulty in achieving a balance between an insurer and an insured's reasonable expectations.

Vocal repertoire of the New Zealand kea parrot Nestor notabilis

The unique alpine-living kea parrot Nestor notabilis has been the focus of numerous cognitive studies, but its communication system has so far been largely neglected. We examined 2,884 calls recorded in New Zealand’s Southern Alps. Based on audio and visual spectrographic differences, these calls were categorised into seven distinct call types: the non-oscillating ‘screech’ contact call and ‘mew’; and the oscillating ‘trill’, ‘chatter’, ‘warble’ and ‘whistle’; and a hybrid ‘screech-trill’. Most of these calls contained aspects that were individually unique, in addition to potentially encoding for an individual’s sex and age. Additionally, for each recording, the sender’s previous and next calls were noted, as well as any response given by conspecifics. We found that the previous and next calls made by the sender were most often of the same type, and that the next most likely preceding and/or following call type was the screech call, a contact call which sounds like the ‘kee-ah’ from which the bird’s name derives. As a social bird capable of covering large distances over visually obstructive terrain, long distance contact calls may be of considerable importance for social cohesion. Contact calls allow kea to locate conspecifics and congregate in temporary groups for social activities. The most likely response to any given call was a screech, usually followed by the same type of call as the initial call made by the sender, although responses differed depending on the age of the caller. The exception was the warble, the kea’s play call, to which the most likely response was another warble. Being the most common call type, as well as the default response to another call, it appears that the ‘contagious’ screech contact call plays a central role in kea vocal communication and social cohesion

Editorial Preface

This special volume of Procedia Engineering contains papers presented at the 12th Global Congress on Manufacturing and Management (GCMM - 2014), held during 8-10 December 2014 at VIT University, Vellore, India. A total of 258 papers were presented during the conference, covering the entire spectrum of Materials Processing, Manufacturing Engineering, Industrial Engineering and Management. Materials and Manufacturing field is undergoing a rapid transformation due to unexpected challenges arising from the current approach to optimization and continuous performance improvement in manufacturing processes, production of large products and development of new materials. The 12th edition of the conference has earmarked the objective to offer a common platform for professionals, researchers and educators from industry, research centers and academia to present and discuss recent advances in the field of Manufacturing Engineering.

Unified user experience model enabling a more comprehensive understanding of emotional experience design

Design deals with improving the lives of people. As such interactions with products, interfaces, and systems should facilitate not only usable and practical concerns but also mediate emotionally meaningful experiences. This paper presents an integrated and comprehensive model of experience, labeled 'Unified User Experience Model', covering the most prominent perspectives from across the design field. It is intended to support designers from different disciplines to consider the complexity of user experience. The vision of the model is to support both the analysis of existing products, interfaces, and systems, as well as the development of new designs that take into account this complexity. In essence, we hope the model can enable designers to develop more marketable, appropriate, and enhanced products to improve experiences and ultimately the lives of people.

Soft tissue human thigh and buttock finite element model to simulate vehicle seat cushion indentation

Accurate modelling of automotive occupant posture is strongly related to the mechanical interaction between human body soft tissue and flexible seat components. This paper presents a finite-element study simulating the deflection of seat cushion foam and supportive seat structures, as well as human buttock and thigh soft tissue when seated. The thigh-buttock surface shell model was based on 95th percentile male subject scan data and made of two layers, covering thin to moderate thigh and buttock proportions. To replicate the effects of skin and fat, the neoprene rubber layer was modelled as a hyperelastic material with viscoelastic behaviour. The analytical seat model is based on a Ford production seat. The result of the finite-element indentation simulation is compared to a previous simulation of an indentation with a hard shell human model of equal geometry, and to the physical indentation result. We conclude that SAE composite buttock form and human-seat indentation of a suspended seat cushion can be validly simulated.

How do Australian print media representations of child abuse and neglect inform the public and system reform?

The print media play a vital role in informing the public about child abuse and neglect. This information helps build broad support for laws and system developments that enable the state to intervene into private family lives and ensure that children are protected from maltreatment. Print media coverage usually sets the daily media agenda. It therefore influences public understandings of child abuse and neglect and what people believe should be done about it. Media impact on policy agendas should not be underestimated. This article outlines the results of a study of all major Australian newspaper stories covering abuse and neglect matters during an 18-month period in 2008–2009. A range of issues are identified concerning how well these stories inform the public about the nature of the problem and the current national reform agenda for protective systems that promotes early intervention and prevention...

Food for Thought (Next Wave Festival)

Food for Thought embraces the notion that a revolution can start at the dinner table. Drawing inspiration from Judy Chicago’s seminal artwork ‘The Dinner Party’, LEVEL Artist Run Initiative hosted a series of dinner party events in order to create vibrant discussions concerning the role of women and feminism in the twenty-first century. The work consisted of a reading room, four dinner party events, and four public talks covering the topics: 'Women and the arts';'Generations: plurality and difference'; 'Women in the media'; and 'How can art contribute to political change for women in the 21st century?'

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.

Dewatering of microalgal culture for biodiesel production : exploring polymer flocculation and tangential flow filtration

Background: Conventional biodiesel production relies on trans-esterification of lipids extracted from vegetable crops. However, the use of valuable vegetable food stocks as raw material for biodiesel production makes it an unfeasibly expensive process. Used cooking oil is a finite resource and requires extra downstream processing, which affects the amount of biodiesel that can be produced and the economics of the process. Lipids extracted from microalgae are considered an alternative raw material for biodiesel production. This is primarily due to the fast growth rate of these species in a simple aquaculture environment. However, the dilute nature of microalgae culture puts a huge economic burden on the dewatering process especially on an industrial scale. This current study explores the performance and economic viability of chemical flocculation and tangential flow filtration (TFF) for the dewatering of Tetraselmis suecicamicroalgae culture. Results: Results show that TFF concentrates the microalgae feedstock up to 148 times by consuming 2.06 kWh m-3 of energy while flocculation consumes 14.81 kWhm-3 to concentrate the microalgae up to 357 times. Economic evaluation demonstrates that even though TFF has higher initial capital investment than polymer flocculation, the payback period for TFF at the upper extreme ofmicroalgae revenue is ∼1.5 years while that of flocculation is ∼3 years. Conclusion: These results illustrate that improved dewatering levels can be achieved more economically by employing TFF. The performances of these two techniques are also compared with other dewatering techniques.

Bio-hydrogen production from food waste through anaerobic fermentation

In order to protect our planet and ourselves from the adverse effects of excessive CO2 emissions and to prevent an imminent non-renewable fossil fuel shortage and energy crisis, there is a need to transform our current ‘fossil fuel dependent’ energy systems to new, clean, renewable energy sources. The world has recognized hydrogen as an energy carrier that complies with all the environmental quality and energy security, demands. This research aimed at producing hydrogen through anaerobic fermentation, using food waste as the substrate. Four food waste substrates were used: Rice, fish, vegetable and their mixture. Bio-hydrogen production was performed in lab scale reactors, using 250 mL serum bottles. The food waste was first mixed with the anaerobic sewage sludge and incubated at 37°C for 31 days (acclimatization). The anaerobic sewage sludge was then heat treated at 80°C for 15 min. The experiment was conducted at an initial pH of 5.5 and temperatures of 27, 35 and 55°C. The maximum cumulative hydrogen produced by rice, fish, vegetable and mixed food waste substrates were highest at 37°C (Rice =26.97±0.76 mL, fish = 89.70±1.25 mL, vegetable = 42.00±1.76 mL, mixed = 108.90±1.42 mL). A comparative study of acclimatized (the different food waste substrates were mixed with anaerobic sewage sludge and incubated at 37°C for 31days) and non-acclimatized food waste substrate (food waste that was not incubated with anaerobic sewage sludge) showed that acclimatized food waste substrate enhanced bio-hydrogen production by 90 - 100%.

Aerothermal-strucutral analysis of a rocket launched Mach 8 scramjet experiment : ascent

This paper reports on the methodology and results of a weak-coupled aerothermalstructural analysis on the ascent phase of the SCRAMSPACE Mach 8 scramjet flight experiment. This vehicle was essentially un-shrouded during the flight trajectory, relying on the thin, 5mm thick aluminium external shell of the payload to maintain structural integrity and protect the flight experiment. As such, understanding the thermal-structural response of the vehicle was imperative to mission success. Using two- and three-dimensional models, an iterative procedure was employed to compute the flowfield, convective heating, wall temperatures and structural coupling at flight times covering both peak heating and peak surface temperature. Accounting for such coupling resulted in a 150K reduction in wall temperature compared to the more conservative cold wall assumption. Despite this, peak temperatures remained of the order of 550 K. Further, thermally induced stresses within these regions were in excess of four times the material failure limits. Irreversible material failure during ascent was therefore concluded likely to occur on the external shell. Two alternate materials, steel 1006 and copper, were therefore assessed with the results indicating that steel sections on the external shell resulted in the best thermal-structural response of the payload.

Food neophobia and its association with diet quality and weight in children aged 24 months : a cross sectional study

Background Food neophobia, the rejection of unknown or novel foods, may result in poor dietary patterns. This study investigates the cross-sectional relationship between neophobia in children aged 24 months and variety of fruit and vegetable consumption, intake of discretionary foods and weight. Methods Secondary analysis of data from 330 parents of children enrolled in the NOURISH RCT (control group only) and SAIDI studies was performed using data collected at child age 24 months. Neophobia was measured at 24 months using the Child Food Neophobia Scale (CFNS). The cross-sectional associations between total CFNS score and fruit and vegetable variety, discretionary food intake and BMI (Body Mass Index) Z-score were examined via multiple regression models; adjusting for significant covariates. Results At 24 months, more neophobic children were found to have lower variety of fruits (β=-0.16, p=0.003) and vegetables (β=-0.29, p<0.001) but have a greater proportion of daily energy from discretionary foods (β=0.11, p=0.04). There was no significant association between BMI Z-score and CFNS score. Conclusions Neophobia is associated with poorer dietary quality. Results highlight the need for interventions to (1) begin early to expose children to a wide variety of nutritious foods before neophobia peaks and (2) enable health professionals to educate parents on strategies to overcome neophobia.

The Cairns abortion trial: Language, deviance, and the ‘spoiled identity’

In 2009 a couple in Cairns were charged, and later found not guilty, of illegally obtaining a medical abortion through the use of medication imported from overseas. The court case reignited the discussions surrounding the illegality and social acceptance of abortion in Queensland, Australia. Based on a discourse analysis of 150 online news media articles covering the Cairns trial, this article critically examines the language and key words relied upon by media when covering the Cairns trial. It argues that, despite popular support for the decriminalisation of abortion, emotive language that aligns with a pro-life ideology is still being employed which has the power to shape perceptions of deviance and stigma surrounding abortion. This is useful to demonstrate how media discourse surrounding abortion needs to further align with a pro-choice ideology for women to be empowered for their choices.

Coverage algorithms for an under-actuated car-like vehicle in an uncertain environment

A coverage algorithm is an algorithm that deploys a strategy as to how to cover all points in terms of a given area using some set of sensors. In the past decades a lot of research has gone into development of coverage algorithms. Initially, the focus was coverage of structured and semi-structured indoor areas, but with time and development of better sensors and introduction of GPS, the focus has turned to outdoor coverage. Due to the unstructured nature of an outdoor environment, covering an outdoor area with all its obstacles and simultaneously performing reliable localization is a difficult task. In this paper, two path planning algorithms suitable for solving outdoor coverage tasks are introduced. The algorithms take into account the kinematic constraints of an under-actuated car-like vehicle, minimize trajectory curvatures, and dynamically avoid detected obstacles in the vicinity, all in real-time. We demonstrate the performance of the coverage algorithm in the field by achieving 95% coverage using an autonomous tractor mower without the aid of any absolute localization system or constraints on the physical boundaries of the area.

Mandatory Reporting Laws for Child Sexual Abuse in Australia : A Legislative History

This work conducts a comprehensive historical review and analysis of the legislative principles for mandatory reporting of child sexual abuse in each State and Territory of Australia. The research traces and explains all the significant changes in the development of the laws in each jurisdiction since their inception in 1969 to the year 2013. The research also identifies why the legislation changed in each jurisdiction, covering research into publicly available records, focusing on significant government inquiries and law reform reports, and parliamentary debates. The research is situated within a treatment of the modern discovery of child sexual abuse as a widespread phenomenon of significant public health concern.