Zeitschriftenartikel: „Reasonable care (law) – australia“

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Carver, Tracey. „Informed consent, Montgomery and the duty to discuss alternative treatments in England and Australia“. Journal of Patient Safety and Risk Management 25, Nr. 5 (09.09.2020): 187–93. http://dx.doi.org/10.1177/2516043520941330.

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The UK Supreme Court in Montgomery v Lanarkshire Health Board imposes a duty on healthcare professionals in relation to information disclosure. The obligation is to take reasonable care to ensure that patients are aware, not just of material risks inherent in any recommended treatment, but of any reasonable alternative treatments. While liability for information non-provision was previously decided according to whether the profession would deem disclosure appropriate, the law now judges the sufficiency of information from a patient’s perspective. In doing so, it adopts the approach advocated for Australia in Rogers v Whitaker. However, commentators, in this journal and elsewhere, have expressed concern that the disclosure obligation is unclear. Although Montgomery defines what is ‘material’ for the purpose of identifying notifiable treatment risks, it offers less guidance as to when alternative treatments will be sufficiently ‘reasonable’ to warrant disclosure. Through an analysis of Australian and UK case law and examples, this article considers the ambit of a practitioner’s duty to discuss alternatives. It concludes that although likely subject to further litigation, the identification of reasonable treatment options requiring disclosure will be influenced by the patient’s clinical condition, their prognosis and viable options from a medical perspective, and various non-clinical matters influenced by the test of materiality.

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Holden, Alexander C. L. „Testimonials within health advertising in Australia: an analysis of current policy“. Australian Health Review 43, Nr. 6 (2019): 712. http://dx.doi.org/10.1071/ah18103.

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The advertising of regulated health services to consumers is strictly regulated in Australia. The advertising prohibitions within the National Law that ban the use of testimonials relating to services provided by health practitioners have caused controversy, garnering mixed reactions from the health professions, health consumers and other stakeholders. Advertising that misleads health consumers may promote unnecessary and inappropriate engagement in health services and may therefore negatively affect consumers’ ability to exercise autonomous decisions relating to their care. This article considers policy implications relating to advertising with a focus on the use of testimonials, particularly those that are online. Although there would seem to be appetite for amending the current legislative framework, there is uncertainty as to the form change may take and the effect this could have. What is known about the topic? Testimonials relating to health care are a prohibited form of advertising, but a form still used by non-regulated health providers and those who are regulated but who are either ignorant of the law or defiant of its requirements. Views are split as to whether the restriction on consumer reviews of regulated health services is reasonable; frequently, arguments are put forward stating that the status quo inhibits consumers’ ability to discuss their care. Other jurisdictions outside Australia permit the use of patient reviews and testimonials. What does this paper add? This paper discusses the greater policy implications of the current restrictions within the National Law and analyses the arguments placed forward by different stakeholders from the health professions and those that consume health services. The ethical and market arguments surrounding advertising and testimonials are examined. Suggestions are then made as to the deficits in knowledge that presently exist relating to this area and the actions required before future policy may be developed. What are the implications for practitioners? Practitioners should be aware of the current restrictions upon advertising within regulated health services. This paper develops an understanding of the complex arguments surrounding advertising and testimonials in health care, as well as when testimonials may be permitted and not subject to the current regulations. Before any amendment to the current legislation is actioned, regulators should consider instead the need to develop an evidence-based approach to understanding the effects of health advertising on the decision making of healthcare consumers.

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O’Donnell, Kerri, Barry Hicks, John Streeter und Paul Shantapriyan. „Getting it right: directors’ assessment of information“. Managerial Auditing Journal 30, Nr. 2 (02.02.2015): 117–31. http://dx.doi.org/10.1108/maj-08-2014-1077.

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Purpose – The purpose of this paper is to explore the increasing expectation against two concepts, information and process scepticism. In light of the Centro case judgement, directors’ decisions are held to increasing standards of due care and diligence. Design/methodology/approach – This is a conceptual paper, drawing upon archival material, including statute law, case law, regulatory guidance material and media releases in Australasia. The authors review the statutory duty of care, skill and diligence expected of non-executive directors. Findings – Whether a director has exercised an appropriate level of reasonable care and skill and/or due diligence has been a matter for the courts to decide. Such retrospective analysis leaves directors vulnerable to the uncertainty of whether their individual interpretation of diligence matches up to that of the presiding judge. The authors provide directors with a framework to apply scepticism to information and processes provided by those on whom the directors may rely. Research limitations/implications – Two concepts are identified: reasonable reliance on others and the business judgement rule. The authors present arguments that challenge us to understand reasonable reliance, judgement and actions of directors in light of processing and information scepticism. Practical implications – Directors do have a different role to that of auditors; incorporating scepticism can enable directors to fulfil their responsibility towards shareholders. By applying information and process scepticism, directors of companies can reduce the likelihood and magnitude of litigation costs and out-of-court settlements. Originality/value – This paper provides a framework to apply scepticism to information and processes provided by people on whom the directors may rely.

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Khan, Mushera Ambaras, Farheen Baig Sardar Baig und Haniza Rais. „CLAIMS FOR PSYCHIATRIC INJURY IN THE WORKPLACE: AN ANALYSIS UNDER THE LAW OF NEGLIGENCE AND THE ISLAMIC PERSPECTIVE“. IIUM Law Journal 29, Nr. 2 (23.12.2021): 171–97. http://dx.doi.org/10.31436/iiumlj.v29i2.579.

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In recent years, claims for damages for deliberately or negligently inflicted psychiatric illness have succeeded against employers in jurisdictions outside Malaysia. In the case of Mount Isa Mines v Pusey, the court decided that an employer’s duty of care towards the employees is not limited to cases of physical injury but also extended to cases of psychiatric injury. In order to claim damages for psychiatric injury, the law of torts requires the plaintiff to prove two elements: namely, reasonable foreseeability and proximity. This paper examines on the two elements as required under the law in the context of psychiatric illness in the workplace. The paper analyses cases from the UK, Malaysia and Australia, elaborating on how an employee can successfully bring an action against his/her employer for his/her psychiatric illness suffered at the workplace. The author employs doctrinal analysis from primary and secondary legal sources in arriving at the solutions to the above problem. This paper will significantly contribute to the existing literature by discussing the challenges faced by an employee in proving the conditions required by the law and its solutions to ensure that employee who suffered psychiatric illness or injury in the workplace has a redress under the law of negligence. This paper also considers the scenario from an Islamic perspective in order to shed light on the seriousness of the welfare of employee guaranteed by the religion. Having shown how divine revelation makes it incumbent on an employer to honour and respect his worker, and treat him in kindness, it will be further shown how two Court of Appeal decisions have paved the way to find employers negligent for causing distress to their employees’ mental health. This paper, thus illustrates yet another fine example of harmonisation between the two systems of law, that can come together to achieve the same end.

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McPhee, S. R., D. Berman, A. Gonzales, K. L. Butler, J. Humphrey, J. Muller, J.N.Waddington, P. Daniels, S. Koch und C. A. Marks. „Efficacy of a competitive enzyme-linked immunosorbent assay (cELISA) for estimating prevalence of immunity to rabbit haemorrhagic disease virus (RHDV) in populations of Australian wild rabbits (Oryctolagus cuniculus)“. Wildlife Research 29, Nr. 6 (2002): 635. http://dx.doi.org/10.1071/wr00114.

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This study examines the efficacy of a cELISA in estimating the prevalence of immunity to rabbit haemorrhagic disease virus (RHDV) in wild rabbits in Australia. Rabbits (n = 343) captured from six locations in Victoria and Queensland were experimentally challenged with a lethal oral dose (1500 50%-lethal doses, LD50) of RHDV. Death or survival to challenge was used to determine the performance characteristics of the test. The diagnostic specificity, sensitivity and accuracy were highly variable between sites, making it difficult to select a representative cut-off value for all sites that achieved a reasonable level of accuracy for the prediction of surviving and non-surviving rabbits. Estimates of prevalence of immunity were biased owing to effects of site of capture (time of capture) and age structure of the population. Using predictive equations, the best estimates of survival were ±10% but these results came from a limited range of sites, all of which had survival in the range 49–70%. The cELISA will determine whether the RHDV is present in rabbit populations but it should be used with caution when estimating the prevalence of immunity to RHDV. The cELISA may thus be limited in its application for examining the epidemiology of RHDV in Australian rabbit populations.

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Eagle, Kerri, Trevor Ma und Barbara Sinclair. „Integrated substance use rehabilitation in a secure forensic facility“. Journal of Forensic Practice 21, Nr. 1 (31.01.2019): 50–60. http://dx.doi.org/10.1108/jfp-09-2018-0037.

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Purpose The purpose of this paper is to inform the development of an evidence-based and effective rehabilitation programme to address substance use disorders in a population of patients with severe mental illness and mental disorders detained in a secure forensic psychiatric facility. A clinical review identified a high prevalence of substance use disorders in the patient population at a secure forensic facility in Sydney, Australia with only a limited number of patients being assessed and offered interventions for substance use problems. Design/methodology/approach A literature review was undertaken specifically looking at articles between 2009 and 2017 that considered models of care or approaches to substance use rehabilitation in patients with co-morbid psychiatric disorders. Articles were considered based on their relevance to the purpose and the environment of a secure forensic facility. Findings The literature review emphasised the need for a cohesive model of care integrating substance use rehabilitation with mental health care. Comprehensive assessment and individualised approaches that incorporated patient choice and stages of change were considered essential components to any dual diagnosis rehabilitation programme. Practical implications The literature regarding rehabilitation approaches for those with severe mental illness and co-morbid substance use disorders was reasonably consistent with the models of care used in relation to criminal offenders and mental illness generally. Integrated and individualised rehabilitation approaches for dual diagnosis patients could play a significant role in forensic settings. Originality/value Limited robust evidence for substance use rehabilitation has been published. The authors consider the existing evidence base and the underlying theory behind substance use rehabilitation to propose a model for rehabilitation in secure forensic settings. This is the first known review of substance use rehabilitation involving mentally ill offenders with dual diagnoses in secure forensic settings. This paper is the original work of the authors.

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Mason, J. K. „Book Review: Reasonable Care“. Medical Law International 2, Nr. 1 (September 1995): 71–73. http://dx.doi.org/10.1177/096853329500200105.

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Wright, R. W. „Justice and Reasonable Care in Negligence Law“. American Journal of Jurisprudence 47, Nr. 1 (01.01.2002): 143–96. http://dx.doi.org/10.1093/ajj/47.1.143.

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Smiszek, Michael R. „Twenty-Five Years of Reasonable Care Under US Customs Law“. Global Trade and Customs Journal 14, Issue 11/12 (01.12.2019): 483–93. http://dx.doi.org/10.54648/gtcj2019060.

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It is now more than twenty-five years since ‘reasonable care’ became the ubiquitous benchmark of importer conduct under US customs law. This article explores the impact of the reasonable care standard on US importers since its inception in 1993 as part of the ‘Customs Modernization Act’. The statutory and regulatory basis for reasonable care is examined, as is the evolution of the relationship under reasonable care between US Customs and Border Protection (CBP) and importers. The closely related effects of the companion tenets of reasonable care introduced by CBP – ‘shared responsibility’ and ‘informed compliance’ – are also discussed. This article then examines with specificity recent section 592 caselaw from the US Court of International Trade and the Court of Appeals for the Federal Circuit that has clarified the scope and meaning of reasonable care. Also addressed are troubling developments, separate from but closely tied to reasonable care, concerning the expansion of personal liability under section 592 found in the recently promulgated judicial standard regarding the ‘introduction’ of goods into the United States. Smiszek, Trek Leather, reasonable care, Mod Act, Customs Modernization Act, Section 592, Trade Facilitation and Trade Enforcement Act, first sale valuation, 19 U.S.C. § 1592, 19 C.F.R. § 171

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Spence, Nigel. „Kinship care in Australia“. Child Abuse Review 13, Nr. 4 (Juli 2004): 263–76. http://dx.doi.org/10.1002/car.854.

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Cumming, Joy, Elizabeth Dickson und Amanda Webster. „Reasonable Adjustments in Assessment: Putting Law and Policy into Practice in Australia“. International Journal of Disability, Development and Education 60, Nr. 4 (Dezember 2013): 295–311. http://dx.doi.org/10.1080/1034912x.2013.846467.

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Hargita, C. Starla. „Care-based temporalities and parental leave in Australia“. Griffith Law Review 26, Nr. 4 (02.10.2017): 511–31. http://dx.doi.org/10.1080/10383441.2017.1552554.

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Dorfman, Avihay. „NEGLIGENCE AND ACCOMMODATION“. Legal Theory 22, Nr. 2 (Juni 2016): 77–123. http://dx.doi.org/10.1017/s1352325216000100.

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ABSTRACTWhereas the Restatement of Torts and leading economic and justice-based approaches to explaining the standard of reasonable care advocate symmetric measurement of reasonable care across the defendant/plaintiff distinction, this article demonstrates that, in fact, the law applies this standard asymmetrically. Defendants are expected to discharge an objectively fixed amount of care, whereas plaintiffs are generally assessed using a subjective measurement of reasonable care. Normatively, I argue that an asymmetric assessment of care, because it combines an unfavorable assessment of defendant's negligence with a favorable assessment of plaintiff's negligence, means that the victim gets to fix the terms of the interaction. This argument resonates with the powerful egalitarian idea of accommodating, rather than overlooking, relevant differences; different treatment is necessary for the duty of reasonable care to give effect to the qualitative difference between the plaintiff's life and limb and the defendant's autonomy. Asymmetric assessment of due care, I argue, is the doctrinal metric by which the law determines what it is for the plaintiff and the defendant to relate as equals given that difference, or to relate as substantive equals.

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Simons, Kenneth W. „Self-Defense: Reasonable Beliefs or Reasonable Self-Control?“ New Criminal Law Review 11, Nr. 1 (01.01.2008): 51–90. http://dx.doi.org/10.1525/nclr.2008.11.1.51.

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The reasonable person test is often employed in criminal law doctrine as a criterion of cognitive fault: Did the defendant unreasonably fail to appreciate a risk of harm, or unreasonably fail to recognize a legally relevant circumstance element (such as the nonconsent of the victim)? But it is sometimes applied more directly to conduct: Did the defendant depart sufficiently from a standard of reasonable care, e.g., in operating a motor vehicle, that he deserves punishment? A third version of the reasonable person criterion, which has received much less attention, asks what degree of control a reasonable person would have exercised. Many criminal acts occur in highly emotional, stressful, or emergency situations, situations in which it is often both unrealistic and unfair to expect the actor to formulate beliefs about all of the facts relevant to the legality or justifiability of his conduct. A "reasonable degree of self-control" criterion is sometimes the best criterion for embracing these contextual factors. In self-defense, for example, it is conventional to ask whether the actor believes, and whether a reasonable person would believe, each of the following facts: (a) an aggressor was threatening him with harm, (b) that harm would be of a particular level of gravity, (c) his use of force in response would prevent that harm, (d) the level of responsive force he expects to employ would be of a similar level of gravity, (e) if the force was not used, the threatened harm would occur immediately, and (f ) no nonviolent or less forceful alternatives were available whereby the threat could be avoided. United States law typically requires an affirmative answer to each of these questions. Yet in many cases, an actor threatened with harm will actually have no beliefs at all about most of these matters. It would be unfair to deny a full defense to all such actors. At the same time, we should still hold such an actor to a normative standard of justifiable behavior. Specifically, this essay suggests that we reformulate the reasonableness criterion and require this type of actor to exercise a reasonable degree of selfcontrol in response to a threat of force.

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White, B. P., L. Willmott und M. Ashby. „Palliative care, double effect and the law in Australia“. Internal Medicine Journal 41, Nr. 6 (Juni 2011): 485–92. http://dx.doi.org/10.1111/j.1445-5994.2011.02511.x.

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Gray, Anthony. „Police Power to Conduct a Search without Reasonable Suspicion in Australia: A Comparative Perspective“. European Public Law 17, Issue 2 (01.06.2011): 331–47. http://dx.doi.org/10.54648/euro2011023.

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This article considers recent amendments and proposed amendments to Australian law, allowing police to conduct a search of an individual in prescribed cases without the need to show 'reasonable suspicion'. Similar legislation had been passed in the United Kingdom and was recently the subject of litigation in the European Court of Human Rights and the House of Lords, as it was at that stage. It is argued that. similar to the approach of the European Convention on Human Rights, the court should find such legislation to be contrary to the rule of law and to due process. The article also considers the extent to which international law is and should be taken into account in applying Australian law, in the absence of express human rights guarantees.

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Mitchell, Geoffrey, Caroline Nicholson, Keith McDonald und Anne Bucetti. „Enhancing palliative care in rural Australia: the residential aged care setting“. Australian Journal of Primary Health 17, Nr. 1 (2011): 95. http://dx.doi.org/10.1071/py10054.

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The delivery of palliative care in residential aged care communities is challenging, even more so in rural areas due to workforce ageing and shortages. The objectives of the present study were to: (i) assess the needs of, and quality of palliative care delivered to residents of 16 residential aged care facilities in rural southern Australia; and (ii) identify the needs of care staff to facilitate the delivery of quality palliative care. A cross-sectional survey of all residents, assessing the degree of functional limitation, stage of palliative care, and the presence of several quality indicators was conducted. Separate focus groups of care staff and relatives of residents sought information on the quality of care delivered, perceived strengths and weaknesses of the care delivered, and education and training needs. Quality palliative care in residential aged care facilities (RACFs) is hampered by workforce shortages, with low ratios of registered nurses, limited access to general practitioners after hours, and some communication difficulties. Some staff reported low confidence in technical and psychosocial aspects of care, especially for relatives. Relatives described mostly appropriate care, while acknowledging workload constraints. Most residents whose condition was unstable, deteriorating or terminal received advance care planning, though family expectations and unwillingness to discuss end-of-life care did tend to delay planning. Unstable residents with a reasonable prognosis were more likely to be transferred to hospital than terminally ill residents. Palliative care in participating RACFs appears to be adequate. Provision of targeted education for health care providers and implementation of protocols for advance care planning and end-of life care pathways will enhance this care.

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Heard, Sam. „Access to rural general practice and primary care: Time now for more equitable and sustainable solutions?“ Australian Journal of Primary Health 10, Nr. 3 (2004): 160. http://dx.doi.org/10.1071/py04062.

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Australia has the resources to provide reasonable primary medical and health care to all of its population. It is a particularly worthwhile expense, with positive social and biophysical outcomes (Jarman et al., 1999; Starfield, 1998). In many aspects of health care, primary care provides most of the benefit and almost all of the value. Why, then, don?t we provide this basic service to all Australians?

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Watts, R. W. „Obstetric Epidural Services in Rural South Australia“. Anaesthesia and Intensive Care 20, Nr. 3 (August 1992): 345–47. http://dx.doi.org/10.1177/0310057x9202000313.

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A survey of sixty South Australian country hospitals found that 35 units had more than 25 deliveries per year (total deliveries 4,247, which is 21.5% of total live births in South Australia during 1989). Twenty-five of these units had an epidural service (71%) and the overall epidural rate was 16.7%, 9.5% provided by general practitioner anaesthetists and 7.2% by specialists. General practitioner anaesthetists were involved more in the medium-sized units (50–200 deliveries per year), whereas specialists provided more services in the larger regional units and the small units as visitors. The epidural rate varied between 6–20% depending on the size of the unit. Most country regions in South Australia have reasonable access to an epidural service. The more geographically isolated areas are being serviced by general practitioner anaesthetists.

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Breit, Rhonda. „Uniform Defamation Laws in Australia: Moving towards a More ‘Reasonable’ Privilege?“ Media International Australia 138, Nr. 1 (Februar 2011): 9–20. http://dx.doi.org/10.1177/1329878x1113800104.

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A new uniform defamation regime now operates in Australia. This article canvasses the Uniform Defamation Laws (UDLs), focusing on the defence of qualified privilege and its capacity to protect mass media publications in the public interest. Drawing on case law and analysis of the key approaches to statutory privilege, the article evaluates the current approach to statutory qualified privilege. Taking account of observations in O'Hara v Sims (2008, 2009) about the operation of qualified privilege, it questions whether the UDL statutory qualified privilege will ultimately censor publications in the public interest and restrict the application of the qualified privilege defence.

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Walker, Adrian Raymond, Julian Norman Trollor, Tony Florio und Preeyaporn Srasuebkul. „Predictors and outcomes of recognition of intellectual disability for adults during hospital admissions: A retrospective data linkage study in NSW, Australia“. PLOS ONE 17, Nr. 3 (25.03.2022): e0266051. http://dx.doi.org/10.1371/journal.pone.0266051.

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Adults with intellectual disability have high health care needs. Despite frequent contact with health services, they often receive inadequate health care. One method to improve health care delivery is reasonable adjustments, that is, the adaptation of health care delivery such that barriers to participation are removed for the person with disability. A starting point for the provision of reasonable adjustments is recognition of intellectual disability during the health care contact. To determine rates and predictors of the recognition of intellectual disability during hospital admissions, and its impact on admission metrics, we examined a population of adults with intellectual disability identified from disability services datasets from New South Wales, Australia between 2005 and 2014. Recognition of intellectual disability was determined by the recording of an International Classification of Diseases 10th revision (ICD-10) diagnostic code for intellectual disability during a given hospital admission. We examined how recognition of intellectual disability related to length of hospital episodes. We found an overall low rate of recognition of intellectual disability (23.79%) across all hospital episodes, with the proportion of hospital episodes recognising intellectual disability decreasing from 2005–2015. Admissions for adults with complex health profiles (e.g., those with many comorbidities, those with Autism Spectrum Disorder, and those admitted for urgent treatment) were more likely to recognise intellectual disability, but admissions for adults with complexity in other domains (i.e., for those in custody, or those with drug and alcohol disorders) were less likely to recognise intellectual disability. Recognition of intellectual disability was associated with longer episodes of care, possibly indicating the greater provision of reasonable adjustments. To improve the recognition of intellectual disability for adults during health service contacts, we advocate for the implementation of targeted initiatives (such as a nationwide disability flag to be included in health service records) to improve the provision of reasonable adjustments.

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Gibbs, N., und P. Rodoreda. „Anaesthetic Mortality Rates in Western Australia 1980–2002“. Anaesthesia and Intensive Care 33, Nr. 5 (Oktober 2005): 616–22. http://dx.doi.org/10.1177/0310057x0503300511.

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The Western Australian Anaesthetic Mortality Committee has collected data since 1980. During this time, reporting of anaesthesia mortality has been mandatory in Western Australia, confidentiality and legal protection have been ensured, consistent definitions and classifications have been used, and reasonable estimates have been available for the number of surgical procedures performed. The data indicate that there was a decrease in anaesthesia-related mortality in the mid 1980s. Since then the rates have been relatively stable, in relation to both population and number of surgical procedures performed. At present, the rates are extremely low (<1:50,000 surgical procedures per annum), and similar to rates reported from other Australian states. While these figures are encouraging, their main function is to serve as the baseline for further improvements.

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Ford, Susanna. „Health Care Law—Health Care Confidentiality: Recent Legal Developments in Canada and Australia“. Health Care Analysis 4, Nr. 2 (Mai 1996): 157–63. http://dx.doi.org/10.1002/(sici)1099-1042(199605)4:2<157::aid-hca178>3.0.co;2-e.

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Carter, Rachel Z., Karen M. Detering, William Silvester und Elizabeth Sutton. „Advance care planning in Australia: what does the law say?“ Australian Health Review 40, Nr. 4 (2016): 405. http://dx.doi.org/10.1071/ah15120.

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Advance care planning (ACP) assists people to plan for their future health and personal care. ACP encourages a person to legally appoint a substitute decision maker (SDM) and to document any specific wishes regarding their future health care in an advance care directive (ACD). Formal documentation of wishes increases the chances that a person’s wishes will be known and followed. However, one of the biggest impediments for doctors following the person’s wishes is uncertainty surrounding the law, which is complicated and varies between the states and territories of Australia. SDM legislation varies regarding who can be appointed, how they are appointed, the powers that an SDM can be given and the decision-making principles that the SDM needs to follow. In circumstances where an SDM has not been appointed, the hierarchy for determining the default SDM for a person also varies between states. Although many states have legislated ACD forms allowing for documentation of a person’s health care wishes, these forms allow for different things to be documented and have different requirements to be valid. The Australian population is mobile, with patients frequently moving between states. The status of ACP documentation created in a state other than the state in which a patient requires treatment also varies, with some states recognising interstate ACDs whereas others do not. This article outlines the legal status of ACDs, within Australian jurisdictions, including the legal validity of interstate ACDs, and argues that uniform laws and documents would assist with awareness and understanding of, and compliance with, ACDs.

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Foster, Michele, Paul Henman, Cheryl Tilse, Jennifer Fleming, Shelley Allen und Rosamund Harrington. „‘Reasonable and necessary’ care: the challenge of operationalising the NDIS policy principle in allocating disability care in Australia“. Australian Journal of Social Issues 51, Nr. 1 (April 2016): 27–46. http://dx.doi.org/10.1002/j.1839-4655.2016.tb00363.x.

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Hayden, Paul T. „Cultural Norms as Law: Tort Law's "Reasonable Person" Standard of Care“. Journal of American Culture 15, Nr. 1 (März 1992): 45–55. http://dx.doi.org/10.1111/j.1542-734x.1992.00045.x.

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BROWN, CHESTER. „‘Reasonableness’ in the Law of the Sea: The Prompt Release of the Volga“. Leiden Journal of International Law 16, Nr. 3 (September 2003): 621–30. http://dx.doi.org/10.1017/s0922156503001328.

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The jurisdiction of the International Tribunal for the Law of the Sea to hear applications for the prompt release of vessels and crew was recently invoked by the Russian Federation against Australia in the Volga case. In determining whether the bonding arrangements set by Australia were ‘reasonable’ under Article 73(2) of UNCLOS, the Tribunal clarified several issues regarding prompt release applications, and most significantly, held that non-financial conditions and ‘good behaviour bonds’ were not permissible. In rendering its decision, the Tribunal adhered to the ‘guiding criterion’ of balancing the interests of the flag state and coastal state in determining the reasonableness of the bond. It is submitted that this test is inappropriate, and that this decision will create difficulties for coastal states seeking to control illegal fishing.

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White, Samuel. „A Shield for the Tip of the Spear“. Federal Law Review 49, Nr. 2 (09.03.2021): 210–30. http://dx.doi.org/10.1177/0067205x21993147.

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The defence of superior orders is not new. However, within Australia, its statutory codification is lamentably underexplored. The 2018 Amendments to Part IIIAAA of the Defence Act 1903 (Cth) provides a neat catalyst to expand the defence and look at possible manners in which it can be constructed. Utilising a theoretical case study of Australian Defence Force members killing a possible terrorist, ‘this article addresses’ the key elements of the defence—what an order is, when can it be constructed as being manifestly unlawful and what does reasonable and necessary force mean for Australian Defence Force members.

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Cornish, René, und Kieran Tranter. „The Cultural, Economic and Technical Milieu of Social Media Misconduct Dismissals in Australia and South Africa“. Law in Context. A Socio-legal Journal 36, Nr. 2 (16.05.2020): 1–32. http://dx.doi.org/10.26826/law-in-context.v36i2.113.

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The intersection between social media activity and employment is an emerging global issue. This article examines the cultural, economic and technical milieu that has generated contested social media misconduct dismissals in Australia and South Africa. Through an analysis of 42 Australian and 97 South African decisions, it is argued that the ubiquitous, enduring and open nature of social media affects employment quite differently depending on country specific factors. In Australia, the absence of entrenched political rights has meant that employee social media use is not subject to reasonable expectations of privacy. However, there is also tolerance for a certain level of larrikin behaviour. In South Africa, the existence of enshrined rights manifests differently in the context of social media dismissal. Within a culturally diverse population with deeply fractured race relations, the decisions reveal a White minority still perpetuating dominance over a historically disadvantaged Black workforce.

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Cassim, Rehana. „An Analysis of Trends in Shareholder Activism in South Africa“. African Journal of International and Comparative Law 30, Nr. 2 (Mai 2022): 149–74. http://dx.doi.org/10.3366/ajicl.2022.0402.

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There has been a progressive shift in shareholder activism in South Africa as shareholder demands for greater levels of accountability, reasonable executive remuneration and disclosure and transparency are increasing. Frustration with increasing high-profile corporate scandals and governance failures has also caused shareholder activism to gain momentum in South Africa. This article discusses the South African legal framework relating to shareholder activism and identifies trends in shareholder activism in South Africa. While the growing increase in shareholder activism is welcomed, this article contends that South Africa still has a long way to go compared to the level of shareholder activism in the USA, the UK and Australia. Recommendations are made to enhance shareholder activism in South Africa.

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Stanley, F., und M. Daube. „Should industry care for children? Public health advocacy and law in Australia“. Public Health 123, Nr. 3 (März 2009): 283–86. http://dx.doi.org/10.1016/j.puhe.2008.12.008.

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Duncan, Jill, Renée Punch, Mark Gauntlett und Ruth Talbot-Stokes. „Missing the mark or scoring a goal? Achieving non-discrimination for students with disability in primary and secondary education in Australia: A scoping review“. Australian Journal of Education 64, Nr. 1 (19.02.2020): 54–72. http://dx.doi.org/10.1177/0004944119896816.

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Australia has legislation in the form of the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of discrimination against students with disability in primary and secondary schooling. The review reports on the findings of a systematic search of law and education databases that identified 18 peer-reviewed articles discussing the legislation, relevant literature and related case law in the context of the education of students with disability in Australia. Content analysis of the articles indicated the existence of problems in several areas of the intersection between the law, policy and practice. These are outlined under five key themes: inclusion/exclusion, jurisdictions and definitions, the complaints-driven system, legislation clarity and reasonable adjustments. The review concludes with recommendations and suggestions for action.

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Divakaran, Ceilia. „The Reasonable Person for Our Time for Reasonableness in a Heterogeneous Society“. Udayana Journal of Law and Culture 1, Nr. 2 (31.07.2017): 71. http://dx.doi.org/10.24843/ujlc.2017.v01.i02.p01.

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The cases of Bugmy and Munda decided by the High Court in 2013 raised the impact of social deprivation on Aboriginal defendants, in that it mars the development of an individual exposed to alcohol and alcohol-fuelled violence, and that full weight must be given to this in sentencing considerations. This significant legal precedent, in the backdrop of Aboriginal over-representation in the criminal justice system, invites the question of the relevance of the characterisation of the reasonable man in the law of provocation and delivery of equal justice, in a culturally heterogeneous society such as Australia. The case for constructing a contemporary reasonable man, clothed in Aboriginal identity, for equitable sentencing outcomes for Aboriginal defendants is explored.

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Raven, Melissa, Caryn Butler und Petra Bywood. „Video-based telehealth in Australian primary health care: current use and future potential“. Australian Journal of Primary Health 19, Nr. 4 (2013): 283. http://dx.doi.org/10.1071/py13032.

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Many Australians have limited access to health-care services due to a range of barriers, including geographic distance and restricted mobility, which telehealth can potentially address. This paper reviews the current and potential use of video consultation in primary health care in Australia, drawing on international literature. There is substantial evidence of high patient satisfaction, but many studies have methodological limitations. Overall, evidence of effectiveness and cost-effectiveness is weak. There is reasonable evidence for diagnosis, home care and specialist consultations by GPs with patients present. Two telehealth initiatives using video consultation are briefly presented. Both provide evidence that video consultation has a valuable role to play, but does not obviate the need for face-to-face consultations. Video consultation challenges traditional professional roles, particularly those of nurses, and can improve health workers’ skills and job satisfaction. More fundamentally, telehealth challenges the traditional distinction between primary and secondary care. This can be a source of resistance but may ultimately be one of its strengths. Appropriately targeted video consultation has much potential to improve the delivery of primary health care in Australia, particularly in rural and remote regions.

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McBride, Nicholas J., und Andrew Hughes. „Hedley Byrne in the House of Lords: an interpretation“. Legal Studies 15, Nr. 3 (November 1995): 376–89. http://dx.doi.org/10.1111/j.1748-121x.1995.tb00526.x.

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The House of Lords has now handed down decisions in six cases which have involved extended discussions of the scope of liability to compensate another for pure economic loss under the Hedley Byme principle. It seems reasonable to suppose that we can now arrive, on the basis of those decisions, at some conclusions as to when and why such liability arises. In this article we attempt to amve at such conclusions. In so doing we avoid using the usual terminology- ‘duty of care’, ‘proximity’, ‘just and reasonable’, ‘policy’, ‘reliance’, ‘assumption of responsibility’, ‘equivalent to contract’, even ‘negligence’-which an analysis of the scope and rationale of liability under Hedley Byme would be expected to employ.

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Herstein, Ori J. „Responsibility in Negligence: Why the Duty of Care is not a Duty “To Try”“. Canadian Journal of Law & Jurisprudence 23, Nr. 2 (Juli 2010): 403–28. http://dx.doi.org/10.1017/s0841820900004987.

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Although equating the duty of care in negligence with a duty to try to avoid negligent outcomes (i.e., a duty to act with reasonable care and with the view or intention of averting harming) has several theoretical and descriptive virtues – primarily offering a promising account of the (moral) responsibility-component in the negligence standard – it is an account that fails to capture the state of the law or to offer a compelling argument for revising the law. The better account of the duty of care is as a duty of reasonable conduct alone. The responsibility-component in the negligence standard does not, therefore, take the form of a duty to try. Alternatively, the responsibility-component is found in the conditions for being subject to the negligence standard: specifically possessing responsibility-capacities and the opportunity to exercise those capacities in compliance with the duty of care.

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Curtis, David S. „Foresters and the Law of Professional Negligence“. Forestry Chronicle 66, Nr. 4 (01.08.1990): 336–40. http://dx.doi.org/10.5558/tfc66336-4.

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The law of professional negligence imposes duties of care and standards of care on all professionals. The duties of care are based on avoidance of foreseeable risk and include the duty to:1) apply a reasonable level of skill and diligence2) warn principals, and third parties in a relationship of proximity, of risks inherent in particular courses of action, and3) avoid foreseeable harm, even if a customary practice is involved.The traditional standard of care, or level of skill that must be applied, is that of the average, reasonably competent and prudent practitioner of similar experience and standing. Conduct that falls below this standard may result in a finding of negligence in a court of law. Following a customary practice may provide a defence, unless the practice involves a risk that is foreseeable and avoidable.All foresters, as professionals, are subject to the law of professional negligence.

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Richardson, Vanessa. „Whose expectations? Care orders: towards a relational harm approach in the test of reasonable parental care“. Journal of Social Welfare and Family Law 37, Nr. 2 (03.04.2015): 194–208. http://dx.doi.org/10.1080/09649069.2015.1028154.

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Gibson, Diane. „Reforming Aged Care in Australia: Change and Consequence“. Journal of Social Policy 25, Nr. 2 (April 1996): 157–79. http://dx.doi.org/10.1017/s0047279400000295.

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ABSTRACTFor the last ten years, the Australian system of services for frail elderly people has been undergoing significant reforms. Prior to that time, a series of government reviews and inquiries had repeatedly identified the same problems, including the dominance of institutional care, the inadequate supply of home and community based services, the lack of co-ordination, the inefficiency, and the unequal distribution of services by geographical area. Changes since the implementation of the Aged Care Reform Strategy in 1985 have been considerable, particularly with regard to the residential care sector. This article is concerned with the policy responses which emerged under the Strategy, and their impact on aged care service delivery in Australia.

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Hogg, Geoff, Agnes Tan und Derio Comar. „?Beyond reasonable doubt? or ?on the balance of probabilities?: Laboratories and the legal system“. Microbiology Australia 25, Nr. 3 (2004): 17. http://dx.doi.org/10.1071/ma04317.

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In the current climate of accountability and litigation in Australia, laboratory staff are increasingly being called upon to justify their professional behaviour in court. Laboratories receive and occasionally collect samples, perform tests and provide results which they are sometimes asked to interpret in a court of law. The intent of the test is usually, but not always, clear. The results may be used to determine the extent of commercial or regulatory compliance as part of dispute resolution, as evidence during prosecution, or in a formal enquiry.

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Hughes, Emma, Chris King und Sharon Kitt. „Using the Australian and New Zealand Telehealth Committee framework to evaluate telehealth: Identifying conceptual gaps“. Journal of Telemedicine and Telecare 8, Nr. 3_suppl (Dezember 2002): 36–38. http://dx.doi.org/10.1258/13576330260440790.

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summary Telehealth is strongly supported in policy rhetoric as being economically significant to Australia, but evaluation standards have been insufficiently developed to ensure that this is the case. The use of one such evaluation standard, the Australian and New Zealand Telehealth Committee (ANZTC) framework, for telehealth evaluation in Australia makes good sense. However, that framework emphasizes economic and technical considerations at the expense of social contexts. Furthermore, there must be questions about the utility of a framework which, it appears, has been used to evaluate only a single telehealth project in Australia. The combination of the economic rationalism of health-care policy and the technological determinism of a tool model of information and communication technologies (ICTs) can result in evaluations that fail to match the complexities of the intersection of health-care and ICTs. Using the ANZTC framework while at the same time focusing on explaining, rather than just describing, the links between interventions and outcomes seems a reasonable compromise. This involves understanding complex socio-technical networks and relationships, and requires investigators to engage with the gulf between private opinions, public statements and actual behaviour.

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Gulam, Hyder, und John Devereux. „A brief primer on Good Samaritan law for health care professionals“. Australian Health Review 31, Nr. 3 (2007): 478. http://dx.doi.org/10.1071/ah070478.

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The Good Samaritan law is not found on the statute books, but has been a concept that courts have applied as public policy. However, this has recently changed in all the states and territories in Australia with the codification of Good Samaritan law. This paper is a timely reminder for health practitioners of the doctrine of the Good Samaritan, as well as the relative legal uncertainty of rescue at common law.

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Conaglen, Matthew D. J. „FIDUCIARY LIABILITY AND CONTRIBUTION TO LOSS“. Cambridge Law Journal 60, Nr. 3 (21.11.2001): 441–92. http://dx.doi.org/10.1017/s0008197301341193.

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Having made a successful takeover bid for Western United, Kia Ora found that it had paid $25.7m in cash and issued 67.9m $1 shares in return for Western United shares worth only $6.4m. Kia Ora successfully sued several former directors. The High Court of Australia’s decision in Pilmer v. Duke Group Ltd. (in liq.) (2001) 180 A.L.R. 249 concerns aspects of the liability of Kia Ora’s accountants, Nelson Wheeler, for providing a report stating that the price proposed for the Western United shares was fair and reasonable. The report was prepared incompetently and Nelson Wheeler were held liable by the Full Court of the Supreme Court of South Australia for breach of contract, negligence and breach of fiduciary duty. The High Court allowed an appeal by Nelson Wheeler.

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Sanders, Kathleen. „Proxy Law in New York State and Victoria, Australia“. Social Work in Health Care 18, Nr. 3-4 (05.10.1993): 67–77. http://dx.doi.org/10.1300/j010v18n03_06.

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Hunt, R. „The development of statutory law in South Australia to support advance care planning“. BMJ Supportive & Palliative Care 2, Nr. 2 (Juni 2012): 177.3–177. http://dx.doi.org/10.1136/bmjspcare-2012-000250.26.

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Woolfenden, Susan R., Troy Dalkeith und Teresa Anderson. „The first eighteen months of a paediatric ambulatory and community service“. Australian Health Review 29, Nr. 4 (2005): 429. http://dx.doi.org/10.1071/ah050429.

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Hospital admission is distressing and traumatic for children as they are separated from their families and home. Internationally, and in Australia, alternative models of health care are being developed to meet the needs of children and their families. We describe the first eighteen months of the establishment of a paediatric ambulatory and community service in a district health service in New South Wales. Key outcomes include: increased referral to the service from acute hospital and primary care services; parental satisfaction and saved hospital beddays. Lessons learnt in the setting up of this service include the need for proactive engagement of consumers and stakeholders; clear definition of roles and responsibilities; and measurable and reasonable performance indicators.

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Kidner, Richard. „The variable standard of care, contributory negligence and volenti“. Legal Studies 11, Nr. 1 (März 1991): 1–23. http://dx.doi.org/10.1111/j.1748-121x.1991.tb00620.x.

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One of the problems which arises in the tort of negligence is where the plaintiff is aware of certain characteristics of the defendant which indicate that the defendant is incapable of achieving the usual standard of care, and yet the plaintiff enters into or continues a relationship with that person. Entering a car driven by a drunk driver is a simple example. There seems to be a common feeling that such a plaintiff is ‘less deserving’ and that it is a necessary consequence of the fault system that he should bear at least part of the responsibility for his loss. Recent developments, particularly in Australia, have suggested different approaches to this problem which raise issues about the nature and role of the standard of care, as well as about the relationship between the standard of care and various defences to negligence.

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Robertson, Andrew. „The basis of the remoteness rule in contract“. Legal Studies 28, Nr. 2 (Juni 2008): 172–96. http://dx.doi.org/10.1111/j.1748-121x.2007.00078.x.

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There is increasing support in the contract literature for the view that the remoteness rule is essentially concerned with identifying an implicit allocation of risk made by the contracting parties. This paper argues that the remoteness doctrine is more accurately seen as a method by which the courts allocate risks which the contracting parties have failed to allocate, rather than an interpretative rule. Through analysis of the principles and their application in the recent case-law in England, Canada and Australia, the paper shows that the identification of an implicit allocation of risk does not and cannot determine remoteness cases in contract. The justice of the remoteness rule is not based on the notion that the defendant undertook responsibility for the risk in question, but on a concern that the defendant should have a reasonable opportunity to consider the risks that might arise from breach and take action to avoid them.

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BARBER, JAMES G. „The Slow Demise of Foster Care in South Australia“. Journal of Social Policy 30, Nr. 1 (Januar 2001): 1–15. http://dx.doi.org/10.1017/s0047279400006188.

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In December 1997, South Australia's alternative care system was radically restructured along ‘funder-purchaser-provider’ lines. A recent progress report into the workings of the new system (Barber, Cooper and Delfabbro, 1999) identified high levels of frustration and dissatisfaction throughout the sector. This article argues that the current problems in alternative care are a legacy of policy decisions by successive state governments, some of which date back many years. The most important of these are the nationwide demise of residential care, the unhelpful role of the state under the ‘funder-purchaser-provider’ model, and the decision to outsource the entire foster care service through competitive tender. The article concludes that the state's policy preference for distancing itself from service delivery is incompatible with the community's growing reluctance to volunteer.

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MARSDEN, SIMON. „PROTECTING HERITAGE ON AUSTRALIA'S COASTS: A ROLE FOR STRATEGIC ENVIRONMENTAL ASSESSMENT?“ Journal of Environmental Assessment Policy and Management 15, Nr. 03 (September 2013): 1350014. http://dx.doi.org/10.1142/s1464333213500142.

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This article examines two experiences with strategic environmental assessment (SEA) in Australia, one complete the other in progress. The first applied SEA to a plan for a liquefied natural gas hub precinct on the National Heritage listed Kimberley coast of Western Australia, and the second applies SEA to a coastal management, planning and development framework for the World Heritage listed Great Barrier Reef on the coast of Queensland. Both cases illustrate the approach of the Australian governments to SEA, highlighting the benefits of the approach yet certain flaws in application and process. The research consists of an extensive evaluation of the relevant legislation, its application and reform, together with a thorough literature review. Results highlight concerns in relation to the objective of SEA in Australia, its initiation and timing, consideration of alternatives, and governance. Conclusions are that SEA in Australia will be enhanced if the purpose is more explicitly focused on environmental protection, if SEA is applied early to a reasonable range of alternative sites, and if the Australian Government continues to play an active role in relation to matters of national environmental significance.

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