Legal professional privilege and the foreign lawyer in Australia

Legal professional privilege is very important to lawyers and clients alike. It has evolved within the common law world over a period of centuries. In a domestic Australian context the test to establish what attracts advice privilege has become reasonably well settled. However, the increasingly international character of commerce has revealed new challenges. Is the current test appropriate to determine whether advice given outside Australia by a foreign lawyer is privileged? This article considers that question in detail. After examining the historical development of legal professional privilege, the article discusses Kennedy v Wallace (2004) 208 ALR 424 (at first instance) and Kennedy v Wallace (2004) 142 FeR 185 (on appeal). The article concludes that the current test is both capable and appropriate if properly applied.

Moving towards a model of professional identity formation in midwifery through conversations and positioning theory

The disciplines of nursing and midwifery both uphold a powerful oral tradition that can impact upon student learning. Students enrolled in a Graduate Diploma of Midwifery are supervised and assessed by midwives during their placements in midwifery practice settings by a program of 'preceptorship' support and where conversations are innate. Positioning theory, eveloped by Harre and others, is a metaphorical concept in which an individual 'positions' herself/himself within entities of encompassing people, institutions and societies where conversations are conducted either privately or publicly. As construction sites of professional learning, conversations are underpinned by reflective practices.In unravelling conversations, positioning may be applied as an analytical tool by educators to interpret the emerging meanings and themes in their discussions with students, reflective journals by students and in meetings with preceptors/midwives.

Working with 'diverse bodies, diverse identities': an approach to professional education about 'diversity'

The complexity and diversity of populations in contemporary Western societies is becoming a significant public policy issue. The concept of 'diversity' has come to represent cultural, ethnic, racial and religious differences between the 'dominant group' and immigrant and indigenous populations. 'Diversity training' is amongst many strategies being implemented to address social and economic objectives in complex societies. This paper discusses and critically evaluates a professional education programme, 'Diverse Bodies, Diverse Identities', that is offered to human service practitioners and social work students in Victoria, Australia. It is concluded that a range of approaches is needed to address 'diversity' in contemporary societies.

The quiet remedy: A dialogue on reshaping professional relationships

This article begins with an overview of the current context for the delivery of social/welfare services and goes on to consider client-worker relationship boundaries that fall within and outside conventional ethical parameters in professional practice. Alternative interpretations of "relationship" are discussed, noting in particular what consumers of services have identified as being beneficial qualities demonstrated by professional "helpers." Using touch and adopting notions of compassion, love, and reciprocity are discussed, noting how these ideas collide with the current ethical thinking commonly used to guide Western social work practice. Finally, a reexamination of "professionalism" is proposed, including ways to facilitate worker-client connectivity. Throughout, the complex tensions between balancing ethical considerations with ideas relating to trust, risk, and authenticity are articulated.

The plasticity of professional boundaries: a case study of collaborative care in maternity services

A case study of twenty-nine midwives and nine obstetricians working in a regional, public sector Australian hospital demonstrates the plasticity of professional boundaries within a post-welfare state. Driven by new discourses of globalisation, marketisation, managerialism and consumerism, professional boundaries in health care are being blurred, reordered and reconstituted. Government policies that call for a new interdisciplinarity between maternity professionals may be seen as responses to the above pressures. However, there remain considerable barriers to achieving collaborative models including conflicting interpretations of risk, of women's bodies and of childbirth; the veto power of decision-making retained by obstetricians; questions of professional accountability; and diversity over appropriate styles of micro-interaction. Collaboration demands a new egalitarianism to eclipse the old vertical system of obstetric dominance and this means that midwives need to create a distinctive professional specialty, or new object of knowledge. Midwives' skill in 'emotion management' could provide this speciality in addition to their rational-technical knowledge and thus elevate midwifery to an equivalent professional status with obstetrics but as yet neither obstetrics nor midwifery have realised its professionalising potential

Penetration testing professional ethics : a conceptual model and taxonomy

In an environment where commercial software is continually patched to correct security flaws, penetration testing can provide organisations with a realistic assessment of their security posture. Penetration testing uses the same principles as criminal hackers to penetrate corporate networks and thereby verify the presence of software vulnerabilities. Network administrators can use the results of a penetration test to correct flaws and improve overall security. The use of hacking techniques, however, raises several ethical questions that centre on the integrity of the tester to maintain professional distance and uphold the profession. This paper discusses the ethics of penetration testing and presents our conceptual model and revised taxonomy.

Technical rationality and professional artistry in RD practice

This paper outlines the limitations of a technical rationalist approach to HRD practice without seeking to negate it. It then offers a complementary view based on Schon's notion of the reflective practitioner which exhorts HRD practitioners to embrace complexity and reflection. We outline, first, a number of dimensions of diversity which confer complexity upon HRD practice, and, second, a series of suggested questions that may aid the framing of practical problems in a more effective way than might be the case with a purely technical rationalist approach. We urge novice (and expert) HRD practitioners to adopt a mind set that is contemplative of the diversities that they may encounter in practice and which is conjectural with regard to how these diversities may impact upon problems and their solutions.

Professional competence for private practitioners in occupational therapy

The aim of the present study was to investigate the meaning of professional competence for occupational therapy private practitioners and their experience of the barriers to professional competence. Semi-structured interviews with 16 key informants from private practice in Victoria elicited diverse opinions and experiences. However, the difficulty of assessing competence, and the lack of standards that identify competent practice for occupational therapy were major themes in the findings. The role of theory in competent practice was evident in discussion but it was not clearly articulated by many participants. Experiences of professional socialisation varied yet participants perceived input from peers as contributing to assuring competence. Major barriers to professional competence were identified as professional isolation, time and finances. The present study highlights the complexity of current attempts to assess professional competence for practising occupational therapists including the implementation of an accreditation program by The Australian Association of Occupational Therapists Inc. (OT AUSTRALIA), the peak body representing occupational therapists.

Research or professional development?

Generally, teachers’ contact with academics tends to take two forms: either they are the ‘subjects’ of research which is done on or for them; or they are the recipients of professional development which is again done to or for them. In both cases the teachers are positioned in relatively passive and powerless relationships.

This paper describes a research project undertaken in 2002 wherein I explored the possibilities of constructing research as a collaborative project between academics and teachers. In this project I attempted to establish a relationship with teachers as co-researchers who conducted parts of the research process themselves, including data collection and analysis.

This paper explores the differences in perceptions of this research relationship and reflects on the contradictions in the statements made by the teachers during discussions on the benefits of the research project. These contradictory statements have led me to ask questions of myself as an academic and a researcher, and of the research process I designed. These questions are the focus for this paper and include: Was I engaging in ‘research as usual’ under the guise of engaging teachers in co-researcher practices? What kinds of discourses were operating in our discussions and how did these discourses work to position the teachers? How am I implicated in the construction of these positionings?

Educating for professional capability in the field of information technology: integrating industry-based learning with the academic curriculum

In response to the forces of globalisation, societies and organisations have had to adapt and even proactively transform themselves. Universities, as knowledge-based organisations, have recognised that there are now many other important sites of knowledge construction and use. The apparent monopoly over valued forms of knowledge making and knowledge certification is disappearing. Universities have had to recognise the value of practical working knowledge developed in workplace settings beyond university domains, and promote the value of academic forms of knowledge making to the practical concerns of everyday learning. It is within this broader systems view that professional curriculum development undertaken by universities needs to be examined.

University educational planning responds to these external forces in ways that are drawing together formal academic capability/competence and practice-based capability/competence. Both forms of academic and practice-based knowledge and knowing are being equally valued and related one to the other. University planning in turn gives impetus to the development of new forms of professional education curricula. This paper presents a contemporary case of a designed professional curriculum in the field of information technology that situates workplace learning as a central element in the education of Information Technology (IT)/Information Systems (IS) professionals.

The key dimensions of the learning environment of Deakin University’s BIT (Hons) program are considered with a view to identifying areas of strong integration between the worlds of academic and workplace learning from the perspectives of major stakeholders. The dynamic interplay between forms of theorising and practising is seen as critical in educating students for professional capability in their chosen field. From this analysis, an applied research agenda, relating to desired forms of professional learning in higher education, is outlined, with specific reference to the information and communication technology professions.

Problem-based learning in an online IT professional practice course

Educational research suggests that Problem-Based Learning (PBL) is a pedagogy that fosters a deeper understanding of the curriculum and provides students with processes and skills for lifelong learning. According to the literature this pedagogy appears to be a suitable one for teaching undergraduate information technology, yet adoption of PBL in information technology tertiary education appears to be slow. This paper discusses characteristics and processes of PBL and describes how the approach will be used in teaching information technology professional practice. The course described will be offered to information technology students in their final year of study and will be delivered wholly online. The course will not only provide best practice aspects of PBL but it will also provide students with the opportunity of undertaking authentic tasks using multimedia resources that simulate the real world.

Challenging librarians : the relevance of the doctorate in professional practice

We, as librarians, are adept at challenging academics, students and administrators about the crucial role of information literacy in higher education and lifelong learning. Consequently, the push for strategic partnerships with academics is frequently in the foreground of our thinking. Concomitantly, the push for academic status for librarians is raised occasionally, particularly as a pay and equity issue. Yet, our purposes may appear somewhat misguided or rhetorical when contrasted to the nominal prerequisites required for professional practice, especially when compared with those of academics. The issues of information literacy and knowledge production within a knowledge economy compound such debate. This paper argues that ‘credential creep’ is catching up with librarians in the university sector. In order to be regarded as integral to academic endeavour, those of us who ‘teach’ information literacy may need to match the qualifications normally required by academics. Consonant with this proposal is the Australian and New Zealand Information Literacy Framework: Principles, Standards and Practice (Bundy, 2004) of the Australian and New Zealand Institute for Information Literacy (ANZIIL) and the Council of Australian University Librarians (CAUL). The Framework mirrors many of the desired outcomes of a doctoral degree, a degree possessed by approximately one per cent of Australian librarians but, in comparison, by more than fi fty-four per cent of Australian academics. This paper challenges—not academics—but librarians, to embrace the notion of undertaking doctoral study to enhance our professional (or amateur) practice and our information literacy. The recommendation is derived in essence from my study on doctoral research and information literacy (Macauley, 2001). It also incorporates the current discourse on these issues and uses personal narrative to articulate the findings. It seeks also to explore those tensions and contradictions commensurate with practising what we preach.