Police Misconduct as a Breach of Public trust: the Offence of Misconduct in Public Office

Until relatively recently, the common law offence of misconduct in public office has been regarded as anachronistic. The offence was perceived to have been supplanted by specific statutory offences that could more appropriately deal with criminal conduct by public officials. However, there has been a revival of the offence with successful prosecutions occurring in Australia, England and Hong Kong. Many of these contemporary cases have involved police officers. Examination of these cases reveals that the circumstances in which misconduct in public office has been identified have been diverse, including the unauthorised disclosure of confidential information, the use of false search warrants and the sexual exploitation of vulnerable persons. In many instances, police officers were charged with other criminal offences in addition to charges relating to misconduct in public office. The matters prosecuted as misconduct in public office typically involved matters that were serious and/or could not be adequately prosecuted as other criminal offences or as breaches of police regulations governing conduct. Consequently, despite the proliferation of statutory criminal offences in the 20th century it appears that there continues to be a place for the offence of misconduct in public office. It criminalises misconduct by police officers that may not be adequately dealt with by other offences and recognises the public trust dimension of wrongdoing by these officials. However, a continuing and fundamental challenge is to determine the appropriate definition and scope of the offence.

Performance study of a wind-grid system in a semi- arid region and major integration issues

The phenomenal growth in economy experienced in developed countries throughout the 20th century has largely been driven by the availability of conventional energy sources for electricity generation. However, increased concern about fossil fuels and adverse effect of carbon dioxide emission in to atmosphere changed the conventional power system to a viable one by integrating renewable energy sources into the existing system. Among the Renewable Energy (RE) sources, wind energy is one of the fastest growing technologies in reducing the Green House Gas (GHG) emissions in to the atmosphere due to its continuous availability throughout a period. Hence, this paper discusses the performance of a wind-grid connected system in a semi-arid region by conducting a case study. Wilson promontory, one of the best locations for wind generation in Victoria is considered as a case study. Hybrid Optimization Model for Electric Renewable (HOMER) is used as a simulating tool for this analysis. This study also presents the influences of storage system in the proposed Hybrid Power System (HPS) allowing energy to be stored during higher generations or lower load demands. In addition this paper also discusses the major integration issues to facilitate the large scale wind energy into the grid for reliable power generation and distribution.

The films of John Hughes: a history of independent screen production in Australia

ABSTRACTIn The Films of John Hughes: A history of independent screen production in Australia filmmaker and academic John Cumming tells the ongoing story of Hughes’ work illustrating the delicate balance of individual, collective and corporate agendas that many contemporary artists need to negotiate. This story begins in the 1960s with a generation of intelligent, socially engaged young people who challenge established power structures, conventions and stereotypes in art, politics and the media. Experiments were being made with grassroots democracy, with new social formations and new ways of seeing and communicating. The book also pays attention to earlier periods of cultural and political activism that captured Hughes’ imagination in the 1970s and became the subject of a number of his films over a period of nearly forty years. Through these films Cumming traces the outline of post-war film culture and production in Melbourne from the 1940s and sets this history within the context of international trends in independent filmmaking throughout the 20th Century and into the 21st.The work of an independent filmmaker has always included a great deal more than directing films. Working in an artisanal mode, he or she often performs, or has a hand in, every aspect of craft at the same time as engaging in discussion and organisation around the wider sphere of screen culture and industry. In addition to having proficiency as a producer, photographer, sound recordist, editor, distributor and exhibitor of films, there is research, organisation, lobbying, entrepreneurship and mentoring to be done. As an independent producer-director, John Hughes has engaged in all of these activities – often simultaneously. He is also a scholar, writer, organiser, activist and teacher. As a television bureaucrat he was both eminent and innovative, and through his filmmaking he has become a leading historian of Australian documentary cinema. ‘… that view – that art and politics are inherently at odds – is still lurking around. It is at the heart of cultural conservatism; and John Hughes’s film-making, from the 1970s to the present, confounds its proponents. His cinema is at once crowded, detailed, elegant and absolutely lucid; at the same time, it is shot through with political and historical understandings.’ Sylvia Lawson, ‘Such a Bloody Wonderful Place’, Inside Story, 28 April 2013.

A collaborative group method of inclusive research

Funding bodies in Australia and the United Kingdom require research on issues that affect the lives of people with intellectual disability to be inclusive. Debate continues about the nature and benefits of inclusive research, which has become an umbrella term encompassing a broad spectrum of approaches.

Alice: walking in her footsteps

 The thesis Alice: Walking in Her Footsteps employs memoir writing and exegesis to examine the impact of government policies on Aboriginal Families in Australia in the 20th Century.

Heritage conservation futures in an age of shifting global power

This article argues that international conservation and heritage governance are now entering new and historically important phases. The economic and political shifts that characterize globalization today are providing a platform for non-Western modes of heritage governance to gain newfound legitimacy on the international stage. With the appropriation of cultural heritage for commercial and political purposes occurring at all levels within the emerging economies of Asia, South America, the Middle East, and Africa, heritage conservation aid now plays an important role in the cultural diplomacy and soft power strategies of numerous countries in these regions. Analyses of the globalization of heritage governance in the mid–late 20th century have focused primarily on intergovernmental bodies, such as UNESCO, at the expense of critically reading the role nation-states continue to play in international conservation and heritage governance policy. Using examples from Asia, this paper addresses this imbalance by re-centering the nation-state in an account that argues the rise of heritage diplomacy, coupled with today’s shifting global order and ongoing reduction in UNESCO’s capacity, hold important implications for heritage conservation over the coming decades.

Systematic review and quality appraisal of economic evaluation publications in dentistry

Economic evaluation (EE) studies have been undertaken in dentistry since the late 20th century because economic data provide additional information to policy makers to develop guidelines and set future direction for oral health services. The objectives of this study were to assess the methodological quality of EEs in oral health. Electronic searching of Ovid MEDLINE, the Cochrane Library, and the NHS Economic Evaluation Database from 1975 to 2013 were undertaken to identify publications that include costs and outcomes in dentistry. Relevant reference lists were also searched for additional studies. Studies were retrieved and reviewed independently for inclusion by 3 authors. Furthermore, to appraise the EE methods, 1 author applied the Drummond 10-item (13-criteria) checklist tool to each study. Of the 114 publications identified, 79 studies were considered full EE and 35 partial. Twenty-eight studies (30%) were published between the years 2011 and 2013. Sixty-four (53%) studies focused on dental caries prevention or treatment. Median appraisal scores calculated for full and partial EE studies were 11 and 9 out of 13, respectively. Quality assessment scores showed that the quality of partial EE studies published after 2000 significantly improved (P = 0.02) compared to those published before 2000. Significant quality improvement was not found in full EE studies. Common methodological limitations were identified: absence of sensitivity analysis, discounting, and insufficient information on how costs and outcomes were measured and valued. EE studies in dentistry increased over the last 40 y in both quantity and quality, but a number of publications failed to satisfy some components of standard EE research methods, such as sensitivity analysis and discounting.

A delayed inheritance: The Medical Board of Victoria's 75-year wait to find doctors guilty of "infamous conduct in a professional respect"

The Medical Board of Victoria (Board) was created in 1844 to register “legally qualified medical practitioners”. It was not until 1933, however, that the Board attained the power to remove from its register a doctor who had engaged in “infamous conduct in a professional respect” (the power), even though the General Council of Medical Education and Registration of the United Kingdom on which the Board was modelled had been granted the power 75 years earlier. This article argues that the delay in the Board’s inheritance was attributable to successive Victorian Parliaments’ distrust of the Board and that this attitude was unwarranted, at least from early in the 20th century. The article maintains that the granting of the power to the Board was a crucial event in the history of the regulation of the Victorian medical profession. This is illustrated both by the difficulty encountered by the medical profession in dealing with doctors’ unethical conduct before 1933, and the Board’s concern to use its new authority responsibly and appropriately to protect the public and the profession in the three years after it attained the power.

Indigenous blood and ethical regimes in the United States and Australia since the 1960s

Blood samples collected from members of indigenous communities in the mid-20th century by scientists interested in human variation remain frozen today in institutional repositories around the world. This article focuses on two such collections-one established and maintained in the United States and the other in Australia. Through historical and ethnographic analysis, we show how scientific knowledge about the human species and ethical knowledge about human experimentation are coproduced differently in each national context over time. Through a series of vignettes, we trace the attempts of scientists and indigenous people to assemble and reassemble blood samples, ethical regimes, human biological knowledge, and personhood. In including ourselves-a U.S. historian of science and an Australian anthropologist-in the narrative, we show how humanistic and social scientific analysis contributes to ongoing efforts to maintain indigenous samples. [indigenous, biospecimens, science, genomics, postcolonial, ethics, cryopreservation].

Edgar Rice Burroughs' Martian Novels as an Early Paradigm of Racial Toleration

The Martian novels of Edgar Rice Burroughs (ERB) provide an early paradigm of racial toleration by displacing the heterogeneous race conflicts of the U. S. to an interplanetary location. There, the protagonist John Carter, representing Burroughs himself, introduces a level of racial acceptance and integration almost unheard of on the Earth of that era (the early twentieth century).

Ascensão e queda na mortalidade por doença isquêmica do coração no século XX : a epidemia nos EUA e um inquérito epidemiológico sobre sua causa

Os fatores de risco clássicos para o desenvolvimento de doença isquêmica do coração (DIC) explicam menos de 50% da queda na mortalidade observada desde 1950. A transição em curso, do paradigma degenerativo para o inflamatório/infeccioso, requer nova interpretação causal das tendências temporais. Este é um estudo ecológico, baseado em dados dos Estados Unidos, que mostra, em homens e mulheres, uma associação entre a distribuição etária da mortalidade por influenza e pneumonia (I&P) associada à pandemia de influenza de 1918-1919 na faixa dos 10 aos 49 anos e a distribuição da mortalidade por DIC, entre 1920 e 1985, em sobreviventes das coortes de nascimento correspondentes. Mostra ainda uma correlação negativa significativa (r = -0,68, p = 0,042) entre o excesso de mortalidade por I&P acumulado em epidemias entre 1931-1940 (utilizado como indicador da persistência da circulação de vírus H1N1 aliada à vulnerabilidade à infecção) e a ordem do início do declínio na mortalidade por DIC, em nove divisões geográficas dos Estados Unidos. Os dados sugerem, à luz do conhecimento biológico atual, que a pandemia de influenza de 1918 (e as que se seguiram até 1957) pudesse ter tido papel determinante na epidemia de mortalidade por DIC registrada no século XX.

O outro lado de cá: histórias e memórias de Cachoeira da Prata

O principal objetivo dessa dissertação é analisar, através de um estudo caso, como a questão do “preconceito intergrupal” pode ser percebida no desenvolvimento histórico de pequenos municípios brasileiros. Escolhendo a história da memória da cidade de Cachoeira da Prata como objeto central, buscamos discutir como ocorreu o processo de diferenciação social da pequena comunidade formada pelos descendentes do ex-escravo Nicolau Teixeira do restante da cidade. Para tanto, dividimos a dissertação em duas partes. A primeira é formada pelos três primeiros capítulos, nos quais apresentamos a vila fabril de Cachoeira de Macacos como o cenário, no qual o cel. Américo Teixeira é identificado como o líder maior de um projeto de domínio político e industrial que deixou marcas duradouras na memória da população mais antiga da cidade. Nesse contexto, buscamos discutir como o fenômeno do pós-emancipação da escravidão se manifestou na localidade, analisando parte da trajetória de vida do ex-escravo Nicolau Teixeira, um leal apoiador do projeto político do cel. Américo, que se tornou, na primeira metade do século XX, o patriarca de uma comunidade criada nas imediações da antiga vila fabril. Na segunda parte, composta exclusivamente pelo quarto capítulo, discutimos de maneira conjugada, a história da diferenciação social da comunidade e diferentes posicionamentos políticos e metodológicos que adotamos ao longo da pesquisa. Após essa análise, concluímos que só é possível entender os meandros do processo que levou os descendentes de Nicolau Teixeira à condição de exclusão social após percebê-los como atores capazes de elaborar narrativas e representações que auxiliam a população de Cachoeira da Prata a conhecer um “outro lado” da história local.

Discursos e a construção do "real": um estudo do processo de formação e institucionalização do campo da biotecnologia

Comprehension of the processes of formation of new organizational fields is the main objective that stimulated the theoretical reflection and empirical research that I present in this paper. My intention here is to uphold the potential for the application of seemingly dichotomous perspectives in terms of the objectivity/subjectivity dimension in the comprehension of the objective in question. The contribution of Foucault, with his concept of discourse, is linked to the proposal of critical constructivism represented by Latour and studies of science and technology. Juxtaposing these perspectives, I examined the dynamics of the biotechnological field on the basis of the dialectic of movements of demarcation/circularity, which is basically a simultaneous movement of (dis)construction of the boundaries of a field. The dialectic of demarcation/circularity is made up of the set of relations established between heterogeneous elements ¿ institutions, economic and social processes, behavioral patterns, systems of norms, techniques, types of classification, forms of characterization, in other words it finds ways of emerging in the course of discursive formations. This theoretical proposal ¿ which incorporates an overlooked dimension in institutional analysis, especially in organization studies (power) ¿ has the advantage of contributing to enhancing comprehension of the dynamics of institutionalization. By proposing that the institutional processes arise within discursive fields, the argument put forward is that such processes contribute to the productivity of the power relations in these fields. In empirical terms, I conducted a descriptive and exploratory research directed at the biotechnology sector. The research was based on a historical perspective, since the analysis spans the period from the origins of genetic science (beginning of the 20th century) through to recent developments in biotechnology in the USA (beginning of the 21st century). The USA was chosen as the locus of research, principally due to the fact that structuring of the field of biotechnology originated in that country, subsequently spreading to other countries around the world. Starting from this theoretical and methodological framework, three discursive formations are highlighted: organization, information and network. Each of the discursive formations is characterized by a dominant set of discourses that prepare the ground for the appearance and (trans)formation of the focus-objects under analysis. In this process, organizations appear in at least two ways: as boundary-organizations ¿ which are important for understanding the movement of the approximation of different discursive domains ¿ and as new organizations, which accompany the (trans)formation of new fields, whereby prevailing discourses materialize at a given historical moment and contribute to breathe life into new discourses, which in turn spark off new power relations. Among the conclusions of this work, I would highlight the following: questioning the 'organizational' dimension of the fields; the relationship revealed not only between the discourses and the institutionalized practices, but also with the process of construction of legitimacy; and the redefinition of the concept of organizations, based on new conceptions relating to the limits of the topic, the objectivity/subjectivity, and space/time dichotomy.

Controle social exercido através da denúncia no âmbito do TCE-RJ

The crisis that affected the capitalist states during the last decade of the 20th century, put an end to the period of greatest expansion of the state, demanding alterations that brought, especially in economic terms, the ideals of the liberal state. The main goal of these changes was to optimize the administration of the public service by introducing into it more efficiency, transparency, and morality because the state had shown to be incapable of attending the demands of the society and its way of doing was inefficient and did not reach out to the public interest. In Brazil, like in other part of the world, recent scandals of corruption and misuse of public funds put in doubt the efficiency of the financial control system. Like any other political system Brazil has a complex set of external and internal control, institutions that work to prevent misuse of public funds and identify responsibilities if bad use occurred. All these elements highlight the mechanisms of control of the public administration, which came to be seen as essential instruments for the improvement of the management of the public resources, targeting the collective interest. Therefore, along with the traditional mechanisms of power suppression, such as the system of checks and balances, social control arises. This, when used together with the monitoring exercised by public inspection agencies, is defined as horizontal accountability activated by civil society, in which citizens and institutions gather efforts in order to promote a more effective charge of responsibility from public agents and politicians in case of misconducts. This study aimed to identify the opportunities and limitations of social control exercised by the complaint under the TCE-RJ. The results point to the need to develop measures to guarantee the anonymity of denouncers, to simplify the forms of access the TCE-RJ and to improve information spread to the citizen.

História do turismo em Petrópolis entre 1900 e 1930

O presente trabalho pretendeu analisar de que forma se originou a construção da chamada “natureza turística” da cidade de Petrópolis, através de uma perspectiva histórica. Como objetivo específico, pretendi descrever como se deu a organização da atividade turística no município, destacando as suas origens, buscando compreender e identificar as principais narrativas e imagens que sustentam essa construção cultural, destacando as suas origens entre os anos de 1900 e 1930. Com este fim, o trabalho apresenta as origens e evolução da cidade de Petrópolis desde os antecedentes de sua fundação no século XIX. Em seguida, trabalhei no sentido de desvendar as transformações sociais no ato de viajar, na perspectiva de compreender as origens e consolidação da atividade turística organizada no município. Finalmente, analisei algumas narrativas e imagens que representam a construção cultural da “natureza turística” de Petrópolis, tendo como referência as primeiras décadas do Século XX. O estudo foi realizado através de recurso a literatura técnico-científica existente e também de pesquisa documental e iconográfica que retratasse narrativas e imagens do turismo em Petrópolis no início de sua organização. Para isso, foram selecionados guias e revistas publicados entre os anos de 1900 e 1930.