Directors' duty to use their powers for proper or permissable purposes

This article focuses generally on the interaction among several internal company law doctrines such as the supremacy of the articles of association; that other organs cannot interfere with powers exclusively conferred upon a particular organ; that courts will not readily interfere with internal company matters; that directors are under a duty to act in good faith and in the best interest of the company as a whole and under a duty to use their powers for proper or permissible purposes; and that there are some remedies available to shareholders if directors did not perform their powers for a proper or permissible purpose. The specific aim with the article is to establish when and why the courts will be prepared to set aside decisions by directors if they have taken them for an improper or impermissible purpose. The article concludes that the courts will be prepared to set the decisions of directors aside when they have used a particular power substantially or primarily for an improper or impermissible purpose. When the exercise of directors' powers is challenged under circumstances where there were both permissible and impermissible purposes for exercising a particular power, there is no alternative for the court but to inquire into the complex area of the state of mind of those who acted and the motive on which they acted. This is, in fact, second-guessing the decisions of directors.

Excessive force used in making an arrest: does it make the arrest ipso facto unlawful?

The purpose of this article is to consider whether or not the use of excessive force in effecting an arrest makes the arrest ipso facto unlawful at common law. With a dearth of appellate court authority on point in either Australia or the United Kingdom, the question is presently open. It is my argument that as force is not a minimum condition of an arrest, its excessive use will not, therefore, make unlawful an otherwise lawful arrest. This conclusion is a matter of some import. It exposes an arrester to civil and possibly even criminal liability for assault but not to an action for false imprisonment. It may also have practical repercussions for the possible discretionary exclusion of evidence on public policy grounds. In theory, it should not matter whether excessive force made an arrest unlawful or not, for the public policy discretion permits a judge to exclude evidence illegally or improperly obtained. But common sense suggests that a judge may not be so likely to exclude evidence when the relevant conduct amounts only to police impropriety not illegality.

Sexual decision making in young women

Research over the last 30 years has examined the way in which young people make decisions about participating in sexual behaviours. This research is limited in that theoretical developments in the area have either not been subjected to empirical scrutiny, or are not consistent with empirical findings. The current study used a modified form of the Theory of Planned Behavior (TPB) as a theoretical position for a longitudinal exploration (over a 6-month period) of sexual decision making in a group of young adult women. One hundred and fifty-six young women aged between 18 and 21 years were involved in the study. Regression analysis were used to evaluate the predictors of intention to engage in six types of sexual behaviours at time 1, as well as experiences of these behaviours at time 2. The study found that intention to engage in sexual behaviour was reasonably well predicted using the constructs of TPB. However, behaviour was not well predicted using the variables in TPB, with the most important predictors of most sexual behaviours being past experience and perceived behavioural control, but not intention to engage in the behaviours. Implications of these findings and directions for future research are discussed.

A benchmark study on housing defects in Victoria, Australia

The construction industry consists of many small businesses employing less than five people. A challenge to the construction industry is to ensure that the many small firms and sub-contractors keep producing quality housing to meet the needs of their customers and clients. In attempts to continually improve the quality of housing various policies and mechanisms have been adopted. These have included industry sponsored quality programs and industry administered builder registration. However, these attempts have failed because of consumer mistrust of industry-sponsored programs. In addition, these mechanisms have been introduced in isolation and not as a part of an integrated industry initiative that includes education and training from the trade to tertiary level construction management courses. This work contributes to knowledge through a detailed on-going study of housing quality and defects. This research identifies the common forms of defects, which occur in housing and their incidences. The overall aim of this paper is to report the identification of defects in housing and the establishment of benchmarks (or a baseline) for the incidence defects in various functional elements within a house. It also suggests the areas where defects are likely to occur. From the knowledge gained from the study, industry and governments may make informed decisions of where resources may be directed to the areas where it will be most beneficial both to the house builder and the end user (customer). For this to occur the findings of this research will be disseminated into the housing industry and eventually integrated into tertiary courses in building and construction
management.

Student experiences of work placement in school-based vocational programs

Using a sample of 446 secondary students who had participated in a vocational education and training in school (VETiS) program, compares the experiences and perceptions of students who had undertaken a work placement with those who had not. Shows that students who had participated in work placement enjoyed the VETiS experience more than those who had not, and that the work placement had assisted them in their decision whether to stay at school or not. A factor analysis of results showed a factor associated with self-confidence about employability, and a factor associated with assistance in achieving specific post-school employment. Students who had completed a work placement were significantly higher on both these factors than students who had not. Results are consistent with other research in the field, and it is argued that the work placement experience plays a considerable part in developing student agency in the decisions and the journey that they make in their transition from school to work.

Individual and organisational factors influencing academics` decisions to pursue the scholarship and teaching of ICT

This paper focuses on Information and Communication Technology (ICT) academics' perceptions of factors that promote and inhibit their pursuit of scholarship in their teaching work. It identifies critical factors that influence academics' attitudes, orientations and behaviours in respect to the scholarship of teaching, and from these builds a framework for understanding the interaction between these factors. We have named this framework the Scholarship of Teaching Support Framework.

During 2001 and 2002 a national project investigated teaching and learning initiatives in the major discipline of lCT in Australia's universities. As part of this project a mini-conference program was devised to elicit academics' perceptions of the factors influencing their teaching work and their participation in scholarly activities around this work. In total 83 ICT teachers from 29 universities participated in the mini-conference program. Attendees included staff members from a range of academic levels.

In discussions of aspects of the scholarship of teaching at the mini-conference participants referred to both attributes and responses of both university teachers and the university institutions. We have categorized these factors into those that relate to the individual academic (Individual domain) and those that relate to the tertiary institutional system (Organisational domain). Many contributions highlighted the interaction between these two domains.

Within the Individual domain, two key factors described by participants as affecting the pursuit of the scholarship of teaching were teachers' motivation towards, and their capabilities in, scholarly activities surrounding their teaching. Within the organizational domain two influential factors also emerged. These were the organizational support provided through allocation of resources and symbolic support reflected in an institution's systems, policies and processes.

Our findings indicate that both the Individual and Organizational domains contribute to university teachers' decisions to pursue (or not to pursue) the scholarship of teaching.

These two domains were seen by participants to interact within university environments to influence whether a particular environment is supportive or unsupportive in terms of the pursuit of the scholarship of teaching. Factors both from and within the individual and the organizational domains were seen to interact with each other forming a web of interrelated factors that appear to influence individuals' decisions to pursue, or not to pursue, the scholarship of teaching. From this complexity four theoretical extremes emerged providing the dimensions and components of the Scholarship of Teaching Support Framework.

We argue that responsive and innovative approaches to university teaching are best supported by academics undertaking scholarly activities around their teaching work, yet this article presents a picture of a university work environment where scholarly activities that focus on teaching and learning are seen as generally unsupported and unrewarded. This perception was identified as commonalities across a university system. Although some exceptions were noted, participants generally agreed that the organisational domain of Australian universities was largely unsupportive of the pursuit of the scholarship of teaching. Similarly, in general, university ICT teachers were not thought to have the backgrounds and capabilities necessary for pursuing the scholarship of teaching, such as familiarity with literature on teaching and learning and skills in educational evaluation. However, despite perceived inhibitors in universities' organisational culture and allocation of resources, and a perceived lack in individuals' skills, participants agreed that scholarly activities and innovation in university teaching and learning do take place, These are largely driven by the intrinsic motivation of individuals. It was recognised that further work is necessary to explore how motivation can be engendered and encouraged.

The Scholarship of Teaching Support Framework is a useful tool for examining how conducive a given university teaching context is to the scholarship of teaching and, therefore, can be used for review purposes within both research and policy contexts. Such tools will become increasingly important as policy changes begin to affect practices in how university teaching work is managed, supported and encouraged.

Clinical research 5: quantitative data collection and analysis

This six-part research series is aimed at clinicians who wish to develop research skills, or who have a particular clinical problem that they think could be addressed through research. The series aims to provide insight into the decisions that researchers make in the course of their work, and to also provide a foundation for decisions that nurses may make in applying the findings of a study to practice in their own Unit or Department. The series emphasises the practical issues encountered when undertaking research in critical care settings; readers are encouraged to source research methodology textbooks for more detailed guidance on specific aspects of the research process.

A couple of points:

1. It is artificial to describe research as qualitative or quantitative. Studies often include both dimensions. However, for the purposes of this paper/series, this distinction is drawn for clarity of writing.

2. It is common practice for quantitative studies to refer to study ‘subjects’ and qualitative studies to refer to study ‘participants’. For ease of reading, the latter term will be used throughout this series.

Real english and english lite : what texts should we teach in the english classroom? (1) or English lite and thick lit : what is the debate about?

Why is it that Prime Minister John Howard wants to micro-manage English curricula? Why does how teachers teach English and Literature regularly make it to the front and editorial pages of the national dailies? The author attempts to critique that phenomenon, to explain her state of mind - that of being both alert and alarmed. The latest round of the debate began with Tony Thompson's article, 'English Lite is a tragedy for students', in 'The Age' on 12 September 2005. He was concerned that VCE English might be reduced to a single print text and he was alarmed about the watering-down of curriculum driven by 'postmodern notions'. The author is at odds with many of Thompson's views and discusses her stance on various aspects of his propositions. Issues examined include Thompson's argument that no multimodal text yields as much significance as a piece of genuine literature; that students are not being 'stretched' far enough; the false dichotomy between aesthetic/formalist manoeuvres on the one hand and postmodern ones on the other; how texts make meaning to students as consumers and the rationale for the use of pop culture texts to connect with students.

The effects of specific educational preparation on emergency nurses` clinical decisions regarding supplemental oxygen administration

Abstract The use of supplemental oxygen by emergency nurses has important implications for patient outcomes, yet there is significant variability in oxygen administration practises. Specific education related to oxygen administration increases factual knowledge in this domain; however, the impact of knowledge acquisition on nurses' clinical decisions is poorly understood. This study aimed to examine the effect of educational preparation on 20 emergency nurses' decisions regarding the assessment of oxygenation and the use of supplemental oxygen. A pre-test/post-test, quasi-experimental design was used. The intervention was a written, self-directed learning package. The major effects of the completion of the learning package included no change in the number or types of parameters used by nurses to assess oxygenation, a significant decrease in the selection of simple masks, a significant increase in the selection of air entrainment masks, fewer hypothetical outcomes of unresolved respiratory distress and more hypothetical outcomes of decreased respiratory distress. As many nursing education programs are aimed at increasing factual knowledge, while experience remains relatively constant, a greater understanding of the relationship between factual knowledge and clinical decisions is needed if educational interventions are to improve patient outcomes.

Evolutionary Testing of Autonomous Software Agents

A system built in terms of autonomous agents may require even greater correctness assurance than one which is merely reacting to the immediate control of its users. Agents make substantial decisions for themselves, so thorough testing is an important consideration. However, autonomy also makes testing harder; by their nature, autonomous agents may react in different ways to the same inputs over time, because, for instance they have changeable goals and knowledge. For this reason, we argue that testing of autonomous agents requires a procedure that caters for a wide range of test case contexts, and that can search for the most demanding of these test cases, even when they are not apparent to the agents’ developers. In this paper, we address this problem, introducing and evaluating an approach to testing autonomous agents that uses evolutionary optimization to generate demanding test cases.

Transparent Provenance Derivation for User Decisions

It is rare for data's history to include computational processes alone. Even when software generates data, users ultimately decide to execute software procedures, choose their configuration and inputs, reconfigure, halt and restart processes, and so on. Understanding the provenance of data thus involves understanding the reasoning of users behind these decisions, but demanding that users explicitly document decisions could be intrusive if implemented naively, and impractical in some cases. In this paper, therefore, we explore an approach to transparently deriving the provenance of user decisions at query time. The user reasoning is simulated, and if the result of the simulation matches the documented decision, the simulation is taken to approximate the actual reasoning. The plausibility of this approach requires that the simulation mirror human decision -making, so we adopt an automated process explicitly modelled on human psychology. The provenance of the decision is modelled in OPM, allowing it to be queried as part of a larger provenance graph, and an OPM profile is provided to allow consistent querying of provenance across user decisions.

Making decisions: nursing practices in critical care

This article reports the types and complexity level of decisions made in everyday clinical practice by critical care nurses. It also reports factors that influence the complexity of those decisions. A combination of methods were chosen for the two phase study. In the first phase, 12 qualified critical care nurses documented decisions (over a 2 hour period) on a clinical decision recording form designed by the researcher. In the second phase, participants attended a semi-structured focus group.

From the analysis, five types of decisions were identified; assessment, intervention, organisation, communication and education. In addition to these documented decisions, three factors that influenced decision complexity were identified from a thematic analysis of the transcribed interviews; communication, patient related and properties of the decision. Nurses reported that communication decisions were the most difficult to make. However, the concept of nurses knowing the patient reduced the level of decision complexity. It is suggested that this has important implications for decision making practices of nurses working in the area of critical care and potentially for patient outcomes.

Clinical decisions using the National Triage Scale: how important is postgraduate education?

Triage is the formal nursing assessment of all patients who present to an Emergency Department (ED). The National Triage Scale (NTS) is used in most Australian EDs. Triage decision making involves the allocation of every patient presenting to an ED to one of the five NTS categories. The NTS directly relates a triage category to illness or injury severity and need for emergency care. Triage nurses’ decisions not only have the potential to impact on the health outcomes of ED patients, they are also used, in part, to evaluate ED performance and allocate components of ED funding. This study was a correlational study that used survey methods. Triage decisions were classified as ‘expected triage’, ‘overtriage’ or ‘undertriage’ decisions. Participant’s qualifications were allocated to five categories: ‘nil’; ‘emergency nursing’; ‘critical care nursing’; ‘midwifery’; and ‘tertiary’ qualifications. There was no correlation between triage decisions and length of experience in emergency nursing or triage. ‘Expected triage’ decisions were more common when the predicted triage category was Category 3 (P< 0.001) and ‘overtriage’ decisions were less common when the predicted triage category was Category 2 (P< 0.0010). The frequency of ‘undertriage’ decisions decreased significantly when the predicted triage category was Category 3 (P< 0.001) or Category 4 (P< 0.001). There was no correlation between triage decisions and qualifications in the ‘nil’, ‘emergency nursing’ or ‘critical care nursing’ categories. A midwifery qualification demonstrated a positive correlation with ‘expected triage’ decisions (P = 0.048) and a negative correlation with ‘undertriage’ decisions (P = 0.012). There was also a positive correlation between a tertiary qualification and ‘expected triage’ decisions (P = 0.012).

The role of information and communication technology in the urgent decision making process : a work in progress report

This paper reports part of a study that examines how members of a senior management team in a public sector organisation make decisions under urgency. Four regional managers, who are geographically dispersed around New Zealand were interviewed, either face-to-face or via telephone, regarding their experiences of decision making under urgency.

Preliminary results indicate that only three out of a possible seven steps of a conventional decision making process are used during the urgent decision making process. The study also shows that participants do not fully utilise the information and communication technology available during the decision making process. The implications the findings have for practice and research are discussed.