Academic literature on the topic 'Aboriginal and Torres Strait Islander Law'

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Journal articles on the topic "Aboriginal and Torres Strait Islander Law"

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Marchetti, Elena, and Debbie Bargallie. "Life as an Australian Aboriginal and Torres Strait Islander Male Prisoner: Poems of Grief, Trauma, Hope, and Resistance." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 35, no. 3 (December 2020): 499–519. http://dx.doi.org/10.1017/cls.2020.25.

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AbstractFor Australia’s Aboriginal and Torres Strait Islander people, writing is predominantly about articulating their cultural belonging and identity. Published creative writing, which is a relatively new art form among Aboriginal and Torres Strait Islander prisoners, has not been used as an outlet to the same extent as other forms of art. This is, however, changing as more Aboriginal and Torres Strait Islander rappers and story-writers emerge, and as creative writing is used as a way to express Aboriginal and Torres Strait Islander empowerment and resistance against discriminatory and oppressive government policies. This article explores the use of poetry and stories written by Aboriginal and Torres Strait Islander male prisoners in a correctional facility located in southern New South Wales, Australia, to understand how justice is perceived by people who are (and have been) surrounded by hardships, discrimination, racism, and grief over the loss of their culture, families, and freedom.
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Larkin, Dani, Harry Hobbs, Dylan Lino, and Amy Maguire. "Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States." University of Queensland Law Journal 41, no. 1 (March 3, 2022): 35–58. http://dx.doi.org/10.38127/uqlj.v41i1.6353.

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Aboriginal and Torres Strait Islander peoples have long called for structural reform to Australia’s institutional framework to protect and promote their rights. In recent years, however, state and territory governments have proven more receptive to Aboriginal and Torres Strait Islander peoples’ advocacy than the Commonwealth. In this article, we identify and map the return of the states and territories — and the retreat of the Commonwealth — in Indigenous law reform. While substantial progress has been made, significant risks are involved in the pursuit of subnational reform. It remains imperative that the Commonwealth government meaningfully engage with the aspirations of Aboriginal and Torres Strait Islander peoples as recorded in the Uluru Statement from the Heart.
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Hobbs, Harry. "Aboriginal and Torres Strait Islander peoples and multinational federalism in Australia." Griffith Law Review 27, no. 3 (July 3, 2018): 307–36. http://dx.doi.org/10.1080/10383441.2018.1557587.

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Radke, Amelia, and Heather Douglas. "Indigenous Australians, Specialist Courts, and The Intergenerational Impacts of Child Removal in The Criminal Justice System." International Journal of Children’s Rights 28, no. 2 (June 17, 2020): 378–400. http://dx.doi.org/10.1163/15718182-02802005.

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Murri Courts are a specialist criminal law practice that includes Elders and respected persons of the local Community Justice Group in the sentencing of Aboriginal and Torres Strait Islander defendants. Drawing on an ethnographic study of two southeast Queensland Murri Courts, this article explores the impact of State ordered out-of-home care on Aboriginal and Torres Strait Islander defendants and their children. We show how Community Justice Groups and specialist courts help to address the intergenerational impacts of child protection interventions. The rights of Australian Indigenous peoples to enjoy, maintain, control, protect and develop their kinship ties is recognised under the Human Rights Act 2019 (Qld) and international human rights treaties. We suggest that policymakers and legislators should better recognise and support Community Justice Groups and specialist courts as they provide an important avenue for implementing the rights of Australian Indigenous peoples to recover and maintain their kinship ties.
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Milligan, Eleanor, Roianne West, Vicki Saunders, Andrea Bialocerkowski, Debra Creedy, Fiona Rowe Minniss, Kerry Hall, and Stacey Vervoort. "Achieving cultural safety for Australia’s First Peoples: a review of the Australian Health Practitioner Regulation Agency-registered health practitioners’ Codes of Conduct and Codes of Ethics." Australian Health Review 45, no. 4 (2021): 398. http://dx.doi.org/10.1071/ah20215.

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Objective Health practitioners’ Codes of Conduct and Codes of Ethics articulate practice standards across multiple domains, including the domain of cultural safety. As key tools driving individual practice and systems reform, Codes are integral to improving health outcomes for Aboriginal and Torres Strait Islander peoples. It is, therefore, critical that their contents specify meaningful cultural safety standards as the norm for institutional and individual practice. This research assessed all Codes for cultural safety specific content. MethodsFollowing the release of the Australian Health Practitioner Regulation Agency’s (Ahpra) Health and Cultural Safety strategy 2020–25, the 16 Ahpra registered health practitioner Board Codes of Conduct and professional Codes of Ethics were analysed by comparing content to Ahpra’s new cultural safety objectives. Two Codes of Conduct, Nursing and Midwifery, met these objectives. The Aboriginal and Torres Strait Islander Health Practitioners Code partially met these objectives. ResultsMost Codes of Conduct (14 of 16) conflated Aboriginal and Torres Strait Islander peoples with culturally and linguistically diverse (CALD) communities undermining the sovereignty of Australia’s First Peoples. Eleven professions had a Code of Ethics, including the Physiotherapy Code of Conduct, which outlined the values and ethical principles of practice commonly associated with a Code of Ethics. Of the 11 professions with a Code of Ethics, two (Pharmacy and Psychology) articulated specific ethical responsibilities to First Peoples. Physiotherapy separately outlined cultural safety obligations through their reconciliation action plan (RAP), meeting all Ahpra cultural safety objectives. The remaining eight advocated respect of culture generally rather than respect for Aboriginal and Torres Strait Islander cultures specifically. ConclusionsThe review identified multiple areas to improve the codes for cultural safety content for registered health professions, providing a roadmap for action to strengthen individual and systems practice while setting a clear regulatory standard to ensure culturally safe practice becomes the new norm. It recommends the systematic updating of all professional health practitioner Board Codes of Conduct and professional Codes of Ethics based on the objectives outlined in Ahpra’s Cultural Safety Strategy. What is known about the topic?Systemic racism and culturally unsafe work environments contribute to poor health outcomes for Aboriginal and Torres Strait Islander peoples. They also contribute to the under-representation of Aboriginal and Torres Strait Islander peoples in the health workforce, denying the system, and the people who use and work in it, much needed Indigenous knowledge. Creating a culturally safe healthcare system requires all health practitioners to reflect on their own cultural background, to gain appreciation of the positive and negative impacts of individually held cultural assumptions on the delivery of healthcare services. Competence in cultural safety as a required standard of practice is therefore essential if broad, sustainable and systemic cultural change across the health professions and ultimately across Australia’s healthcare system is to be achieved. Given that Codes of Conduct and Codes of Ethics are integral in setting the practical and moral standards of the professions, their contents with respect to cultural competence are of great importance. What does this paper add?A review of this type has not been undertaken previously. Following the establishment of the Ahpra Aboriginal and Torres Strait Islander Health Strategy Group, release of Ahpra’s 2018 Statement of intent, and the 2019 Aboriginal and Torres Strait Islander Health and Cultural Safety strategic plan and Reconciliation Action Plan, we analysed the content of each of the 16 registered health professions Codes of Conduct and Code of Ethics looking for content and guidance in accordance with the new national cultural safety definition. Several opportunities to improve the Codes of Conduct and Codes of Ethics were identified to realise the vision set out in the statement of intent including through the application of the National Law. This analysis provides a baseline for future improvements and confirms that although some current health practitioner Codes of Conduct and Codes of Ethics have begun the journey of recognising the importance of cultural safety in ensuring good health outcomes for Australia’s Indigenous peoples, there is broad scope for change. What are the implications for practitioners?The gaps identified in this analysis provide a roadmap for improvement and inclusion of Aboriginal and Torres Strait Islander Health and cultural safety as a required standard in Codes of Conduct and Codes of Ethics for all registered health practitioners. Although it is recognised that Codes alone may not change hearts and minds, codifying the clinical competency of cultural safety provides a portal, and a requirement, for each individual practitioner to engage meaningfully and take responsibility to improve practice individually and organisationally.
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Hobbs, Harry. "A Queensland treaty: Current steps and potential challenges." Alternative Law Journal 45, no. 1 (November 28, 2019): 25–30. http://dx.doi.org/10.1177/1037969x19891709.

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Last year Queensland joined Victoria and the Northern Territory in formally committing to a conversation about a treaty with Aboriginal and Torres Strait Islander peoples. This article explains what a treaty is, outlines the processes undertaken thus far, situates it within the broader national context, and explores several challenges moving forward.
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Newhouse, George, Daniel Ghezelbash, and Alison Whittaker. "The Experience of Aboriginal and Torres Strait Islander Participants in Australia’s Coronial Inquest System: Reflections from the Front Line." International Journal for Crime, Justice and Social Democracy 9, no. 4 (November 26, 2020): 76–89. http://dx.doi.org/10.5204/ijcjsd.1691.

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This article explains the way that Australian coroners’ courts often fail Aboriginal and Torres Strait Islander peoples. We discuss the gap between the expectations of families of the deceased and the realities of the process of the coroner’s court. The discussion is illustrated with reference to real-life examples, drawn from the authors’ experiences representing the families of the deceased.
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Costello, Sean. "A novel year for human rights in Queensland." Alternative Law Journal 46, no. 3 (May 17, 2021): 228–31. http://dx.doi.org/10.1177/1037969x211017256.

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In a year of challenges from the novel coronavirus, the new Queensland Human Rights Act was applied in unexpected ways. Its new complaints process was particularly tested by hotel quarantine restrictions. Nonetheless, geographic and demographic differences between Queensland and other human rights jurisdictions are also emerging as especially relevant to how human rights protection will be applied in the state, particularly a new Australian right to health and the cultural rights of Aboriginal and Torres Strait Islander peoples.
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Alexander, Isabella. "White Law, Black Art." International Journal of Cultural Property 10, no. 2 (January 2001): 185–216. http://dx.doi.org/10.1017/s0940739101771305.

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This article examines the issues surrounding the appropriation of indigenous culture, in particular art. It discusses the nature and context of Aboriginal and Torres Strait Islander art in Australia in order to establish why appropriation and reproduction are important issues. The article outlines some of the ways in which the Australian legal system has attempted to address the problem and looks at the recent introduction of the Label of Authenticity. At the same time, the article places these issues in the context of indigenous self-determination and examines the problematic use of such concepts as “authenticity.” Finally, the article looks beyond the Label of Authenticity and existing law of intellectual and cultural property, to sketch another possible solution to the problem.
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Duff, Catherine. "Stopping the Grog." International Journal of Discrimination and the Law 2, no. 4 (September 1997): 245–70. http://dx.doi.org/10.1177/135822919700200402.

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Indigenous communities around Australia find themselves in the grip of chronic alcohol abuse and its related violence. For more than a decade Aboriginal and Torres Strait Islander peoples, especially Indigenous women, have been agitating for change. In many cases Indigenous communities have been calling for restrictions to limit or prohibit alcohol availability to their members. In the past, Australia's anti-discrimination regime has been used to justify official inactivity on the issue of alcohol availability in Indigenous communities. Indigenous drinkers and publicans have also appealed to the principle of non-discrimination in their opposition to grog restrictions.
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Dissertations / Theses on the topic "Aboriginal and Torres Strait Islander Law"

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Parkin, Stephanie. "The theft of culture and inauthentic art and craft: Australian consumer law and Indigenous intellectual property." Thesis, Queensland University of Technology, 2020. https://eprints.qut.edu.au/205870/2/Stephanie_Parkin_Thesis.pdf.

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This thesis addresses the 2017 Parliamentary Inquiry into the ‘growing presence of inauthentic Aboriginal and Torres Strait Islander ‘style’ art and craft products and merchandise for sale across Australia’. Inauthentic art and craft is Aboriginal ‘style’ souvenir products that are created without the involvement of an Aboriginal person. This thesis prioritises the evidence of Aboriginal and Torres Strait Islander people to the 2017 Inquiry, investigates intellectual property and consumer law and explores colonial influences and power dynamics that allow inauthentic art and craft to exist. This thesis answers the question: ‘How can the law protect Aboriginal cultural expression from exploitation?’
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Cannon, Jonathan. "Reading between the crimes: Online media’s representation of Aboriginal and Torres Strait Islander people’s interaction with the criminal justice system in post-apology Australia." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2018. https://ro.ecu.edu.au/theses/2140.

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Australian research confirms that Aboriginal and Torres Strait Islander people experience high levels of social inequality, racism and injustice. Evidence of discrimination and inequality is most obvious within the criminal justice system where they are seriously over-represented. The Australian news media plays a large part in reinforcing Aboriginal and Torres Strait Islander inequality, stereotypes and racist ideology within specific situations such as the Northern Territory Emergency Response and the Redfern riots. This study widens the scope from how the media reports a single criminal justice event to how the media reports Aboriginal and Torres Strait Islander people’s interaction with the criminal justice system. The study relies on Norman Fairclough’s (2003) theory of critical discourse analysis to analyse critically 25 Australian online news media articles featuring Aboriginal and Torres Strait Islander people. Specifically, the study applies Fairclough’s (2003) three assumptive categories (existential, propositional and value). It identifies discourse reinforcing dominance and inequality within those media articles and reveals two major findings. The first significant finding is the unwillingness of any article to challenge or question the power structures that reinforce or lead to Aboriginal and Torres Strait Islander inequality. The second major finding involves three ideologies within the text communicating racism and inequality: neo-colonial, neo-liberal assimilation and paternalistic ideologies. The concern is that although the twenty-five news media articles appear neutral, the critical analysis reveals racist ideologies being communicated and an unwillingness to challenge the power structures that create these. This position suggests that racism is not just a problem of a bygone era—it is a contemporary issue continuing at a deeper level nestled in the underlying assumptions and ideologies found within news media discourse. These findings would bring awareness to the media’s discursive practices and generate further discussion and research to address the discursive structures responsible for perpetuating the systemic harm to Aboriginal and Torres Strait Islander people.
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Rimmer, Matthew. "The Pirate Bazaar: The Social Life of Copyright Law." Thesis, The Faculty of Law, The University of New South Wales, 2001. https://eprints.qut.edu.au/86581/1/fulltext.pdf.

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This thesis provides a cultural history of Australian copyright law and related artistic controversies. It examines a number of disputes over authorship, collaboration, and appropriation across a variety of cultural fields. It considers legal controversies over the plagiarism of texts, the defacing of paintings, the sampling of musical works, the ownership of plays, the co-operation between film-makers, the sharing of MP3 files on the Internet, and the appropriation of Indigenous culture. Such narratives and stories relate to a broad range of works and subject matter that are protected by copyright law. This study offers an archive of oral histories and narratives of artistic creators about copyright law. It is founded upon interviews with creative artists and activists who have been involved in copyright litigation and policy disputes. This dialogical research provides an insight into the material and social effects of copyright law. This thesis concludes that copyright law is not just a ‘creature of statute’, but it is also a social and imaginative construct. In the lived experience of the law, questions of aesthetics and ethics are extremely important. Industry agreements are quite influential. Contracts play an important part in the operation of copyright law. The media profile of personalities involved in litigation and policy debates is pertinent. This thesis claims that copyright law can be explained by a mix of social factors such as ethical standards, legal regulations, market forces, and computer code. It can also be understood in terms of the personal stories and narratives that people tell about litigation and copyright law reform. Table of Contents Prologue 1 Introduction A Creature of Statute: Copyright Law and Legal Formalism 6 Chapter One The Demidenko Affair: Copyright Law and Literary Works 33 Chapter Two Daubism: Copyright Law and Artistic Works 67 Chapter Three The ABCs of Anarchism: Copyright Law and Musical Works 105 Chapter Four Heretic: Copyright Law and Dramatic Works 146 Chapter Five Shine: Copyright Law and Film 186 Chapter Six Napster: Infinite Digital Jukebox or Pirate Bazaar? Copyright Law and Digital Works 232 Chapter Seven Bangarra Dance Theatre: Copyright Law and Indigenous Culture 275 Chapter Eight The Cathedral and the Bazaar: The Future of Copyright Law 319
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Hall, Kerry K. "Acute respiratory illness in urban Aboriginal and Torres Strait Islander children." Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/110528/1/Kerry_Hall_Thesis.pdf.

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This thesis is the first to comprehensively evaluate Acute Respiratory Illness with Cough (ARIwC) in urban, predominantly Aboriginal and Torres Strait Islander, children. It identified a community experiencing significant disadvantage and a concerning burden of ARIwC. Positive findings include the frequent presentation to primary health care, continuity of primary health care provider, and knowledge of when cough is abnormal; factors that are all critical to the success of interventions and further research to reduce the burden of disease.
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Hodes, Jeremy. "Torres Strait Islander migration to Cairns before World War II." [S.l. : s.n.], 1998. http://catalog.hathitrust.org/api/volumes/oclc/44839600.html.

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Thesis (Master of Letters)--Central Queensland University, 1998.
"A dissertation submitted in partial fulfilment of the requirements for the Degree of Letters in History. Central Queensland University." Cover title.
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Adams, Michael John. "Sexual and reproductive health problems among Aboriginal and Torres Strait Islander males." Thesis, Queensland University of Technology, 2007. https://eprints.qut.edu.au/16599/1/Michael_John_Adams_Thesis.pdf.

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Compared to males in almost any social group in all affluent nations, Australia's Aboriginal and Torres Strait Islander men suffer from substantially more serious illnesses and early death. To date, research done by or in collaboration with Indigenous communities has revealed the extent of the problems that arise from diabetes, heart disease, hypertension, cancers, respiratory diseases, psychological disorders, accidental injuries, violence and other causes. Reproductive health, however, rarely has been studied among Indigenous men. To date, research in this field has been limited mainly to studies of sexually transmitted infections. No data has been published on Aboriginal men's symptoms of prostate disease or erectile dysfunction, nor has the clinical screening and treatment of these disorders among these men been assessed. In-depth search of the worldwide web demonstrated that little information on these issues was available from other Indigenous populations. It does appear that Indigenous men in Australia, New Zealand and North America are less likely than European-ancestry men to die from prostate cancer, or for living cases to be recorded on cancer registries. This may arise because Indigenous men genuinely have a lower risk, or because they are not captured by official statistics, or because they do not live long enough to develop severe prostate disease. We also know very little about other reproductive health problems such as sexual dysfunction and specifically erectile difficulties. One reason for our scant knowledge is that research mainly relies on self-report of sensitive information. The aim of the research study was to improve the understanding of sexual and reproductive health problems experienced by Indigenous men. This is best gathered by Aboriginal males who are inside the culture of middleaged and older Indigenous men, but until now this has not been attempted. In this study we adopted the World Health Organization (WHO) definitions for Reproductive and Sexual Health (WHO, 2001). Thus, we consider reproductive system disorders (prostate disease, erectile dysfunction) and related health care-seeking, and also men's perceptions about a "satisfying and safe sexual life". The methodology was framed within an Aboriginal and Torres Strait Islander research protocol that advocates respect for cultural, social and community customs. A mixed method design combined qualitative inquiry (4 focus groups and 18 in-depth interviews) and quantitative survey (n=301) involving men living in remote, rural and urban communities (Tiwi Islands, Darwin and north and south-east Queensland). Survey data were compared to recently published self-reports from 5990 randomly selected men aged over 40 years in Australia (Holden et al., 2005, The Lancet, 366, 218-224. The qualitative interviews revealed that most men were silent about reproductive health. They were unwilling to reveal their inner feelings to wives or partners, and they were unwilling to discuss such issues with doctors and other health care workers. Men's reaction to sexual difficulties included shame, denial, substance abuse and occasionally violence. On a positive note many men said they want to learn about it, so they understand how to cope with such problems. The Indigenous men reported symptoms of erectile dysfunction at least as much as non-Indigenous men in other Australian studies. Bivariate analysis showed that erectile dysfunction was correlated with many health and lifestyle variable. However multivariate analysis revealed that only three factors significantly predicted ED: presence of chronic disease, presence of pain when working, and living in a remote geographic location The quantitative survey data indicate that Indigenous men have more symptoms of prostate disease than non-Indigenous men. The syndrome appears to be poorly managed in clinical practice (e.g. rates of PSA testing and digital-rectal examination are only one-third the rate reported by non-Aboriginal men, despite equivalent likelihood of GP visits). The research study adds to the literature by providing better insight and depth into the issues impacting on Aboriginal and Torres Strait Islander males experiencing reproductive and sexual health difficulties. It also provides a platform to undertake comprehensive research with Aboriginal and Torres Strait Islander men to explore a wider spectrum of questions in this important but neglected area. Implications for education of primary healthcare workers and community-based awareness campaigns for Indigenous males are discussed. Most of all, this study revealed "layers" of silence around sexual and reproductive health of Indigenous men. This includes silence in the scientific establishments in health services, and in the community. It is hoped that this study puts the voices of the men forward to help to break down this silence.
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Adams, Michael John. "Sexual and reproductive health problems among Aboriginal and Torres Strait Islander males." Queensland University of Technology, 2007. http://eprints.qut.edu.au/16599/.

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Compared to males in almost any social group in all affluent nations, Australia's Aboriginal and Torres Strait Islander men suffer from substantially more serious illnesses and early death. To date, research done by or in collaboration with Indigenous communities has revealed the extent of the problems that arise from diabetes, heart disease, hypertension, cancers, respiratory diseases, psychological disorders, accidental injuries, violence and other causes. Reproductive health, however, rarely has been studied among Indigenous men. To date, research in this field has been limited mainly to studies of sexually transmitted infections. No data has been published on Aboriginal men's symptoms of prostate disease or erectile dysfunction, nor has the clinical screening and treatment of these disorders among these men been assessed. In-depth search of the worldwide web demonstrated that little information on these issues was available from other Indigenous populations. It does appear that Indigenous men in Australia, New Zealand and North America are less likely than European-ancestry men to die from prostate cancer, or for living cases to be recorded on cancer registries. This may arise because Indigenous men genuinely have a lower risk, or because they are not captured by official statistics, or because they do not live long enough to develop severe prostate disease. We also know very little about other reproductive health problems such as sexual dysfunction and specifically erectile difficulties. One reason for our scant knowledge is that research mainly relies on self-report of sensitive information. The aim of the research study was to improve the understanding of sexual and reproductive health problems experienced by Indigenous men. This is best gathered by Aboriginal males who are inside the culture of middleaged and older Indigenous men, but until now this has not been attempted. In this study we adopted the World Health Organization (WHO) definitions for Reproductive and Sexual Health (WHO, 2001). Thus, we consider reproductive system disorders (prostate disease, erectile dysfunction) and related health care-seeking, and also men's perceptions about a "satisfying and safe sexual life". The methodology was framed within an Aboriginal and Torres Strait Islander research protocol that advocates respect for cultural, social and community customs. A mixed method design combined qualitative inquiry (4 focus groups and 18 in-depth interviews) and quantitative survey (n=301) involving men living in remote, rural and urban communities (Tiwi Islands, Darwin and north and south-east Queensland). Survey data were compared to recently published self-reports from 5990 randomly selected men aged over 40 years in Australia (Holden et al., 2005, The Lancet, 366, 218-224. The qualitative interviews revealed that most men were silent about reproductive health. They were unwilling to reveal their inner feelings to wives or partners, and they were unwilling to discuss such issues with doctors and other health care workers. Men's reaction to sexual difficulties included shame, denial, substance abuse and occasionally violence. On a positive note many men said they want to learn about it, so they understand how to cope with such problems. The Indigenous men reported symptoms of erectile dysfunction at least as much as non-Indigenous men in other Australian studies. Bivariate analysis showed that erectile dysfunction was correlated with many health and lifestyle variable. However multivariate analysis revealed that only three factors significantly predicted ED: presence of chronic disease, presence of pain when working, and living in a remote geographic location The quantitative survey data indicate that Indigenous men have more symptoms of prostate disease than non-Indigenous men. The syndrome appears to be poorly managed in clinical practice (e.g. rates of PSA testing and digital-rectal examination are only one-third the rate reported by non-Aboriginal men, despite equivalent likelihood of GP visits). The research study adds to the literature by providing better insight and depth into the issues impacting on Aboriginal and Torres Strait Islander males experiencing reproductive and sexual health difficulties. It also provides a platform to undertake comprehensive research with Aboriginal and Torres Strait Islander men to explore a wider spectrum of questions in this important but neglected area. Implications for education of primary healthcare workers and community-based awareness campaigns for Indigenous males are discussed. Most of all, this study revealed "layers" of silence around sexual and reproductive health of Indigenous men. This includes silence in the scientific establishments in health services, and in the community. It is hoped that this study puts the voices of the men forward to help to break down this silence.
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Grootjans, John, of Western Sydney Hawkesbury University, and of Health Humanities and Social Ecology Faculty. "Both ways and beyond : in Aboriginal and Torres Strait Islander health worker education." THESIS_FHHSE_SEL_Grootjans_J.xml, 1999. http://handle.uws.edu.au:8081/1959.7/445.

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During 1987 my essential beliefs about the nature of the world were challenged by a chance event which led to my arrival in Arnhemland. Working with Aboriginal people allowed me to see first hand the failings of Western ideas in Aboriginal education and health. This is how a 12 year collaboration with Aboriginal people began. The aim was to search for answers to the question, 'Why so many ideas that had been successfully used in the Western world, fail to meet the needs of aboriginal people? My experiences prior to 1995 had led me to believe that Both Ways, an education pedagogy developed in teacher education, was the best approach for empowering Aboriginal Health Workers. I believed Both Ways gave Aboriginal Health Workers a means to develop solutions to aboriginal health issues which valued and respected their aboriginal knowledge. I needed to describe and evaluate the practice of both ways with Aboriginal Health workers for the purpose of proving the benefit of this pedagogy for other educators in this field. This thesis describes how I came to think Both Ways was a good idea; how I defined Both ways; and how I put it into practice. It also provides a description of the issues raised in my critique of Both Ways and in my attempts to provide answers to these issues. Several years of collecting data, including records from action research group discussions, participant observation, interviews with peers and students, and formal evaluations left me with many concerns about Both Ways. As educators follow my journey of discovery I hope that they will recognise experiences and insights that they themselves have shared. The descriptions and discussions in this thesis will add significantly to the overall discourse about health worker education. Similarly, the exploration of ideas beyond Both Ways will add significantly to the overall body knowledge about the power relationships involved in teaching in a cross cultural setting
Doctor of Philosophy (PhD)
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Grootjans, John. "Both ways and beyond : in Aboriginal and Torres Strait Islander health worker education /." View thesis, 1999. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030725.103057/index.html.

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Hogarth, Melitta Dorn. "A critical analysis of the Aboriginal and Torres Strait Islander Education Action Plan." Thesis, Queensland University of Technology, 2015. https://eprints.qut.edu.au/89754/1/Melitta_Hogarth_Thesis.pdf.

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This study involves the analysis of one of the most recent Indigenous Education policies, the Aboriginal and Torres Strait Islander Education Action Plan 2010-2014 (MCEECDYA, 2011). It examines how the language used within policy positions Aboriginal and Torres Strait Islander peoples. Articulating Rigney's (1999) Indigenist Research Principles with Fairclough's (2001) Critical Discourse Analysis provides a platform for critical dialogues about policy decision-making. In doing so, this articulation enables and emphasises the need for potential policy revision to contribute to the Aboriginal and Torres Strait Islander struggle for self-determination.
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Books on the topic "Aboriginal and Torres Strait Islander Law"

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Warby, Michael. Past wrongs, future rights: Anti-discrimination, Native Title and Aboriginal and Torres Strait Islander policy, 1975-1997. Melbourne: Tasman Institute, 1997.

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Buti, Tony. After the removal: A submission by the Aboriginal Legal Service of Western Australia (Inc) to the National Inquiry into Separation of Aboriginal and Torres Strait Islander Children from their Families. [Perth]: Aboriginal Legal Service of Western Australia (Inc.), 1996.

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Robert, Ray. Possible improper interference with a potential witness before the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund. Canberra: the Committee, 1998.

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Bergin, Anthony. Aboriginal and Torres Strait Islander interests in the Great Barrier Reef Marine Park: A report to the Great Barrier Reef Marine Park Authority. Townsville, Qld: Great Barrier Reef Marine Park Authority, 1993.

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Keon-Cohen, Bryan. Mabo in the courts: Islander tradition to native title : a memoir. North Melbourne, Vic: Chancery Bold, 2011.

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Healey, Justin. Aboriginal and Torres Strait Islander health. Thirroul, NSW, Australia: Spinney Press, 2014.

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Moorcroft, Heather. Aboriginal and Torres Strait Islander thesaurus. Canberra: National Library of Australia, 1997.

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Price, Kaye, ed. Aboriginal and Torres Strait Islander Education. Cambridge: Cambridge University Press, 2012. http://dx.doi.org/10.1017/cbo9781139519403.

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Sharp, Nonie. No ordinary judgment: Mabo, the Murray Islanders' land case. Canberra, ACT: Aboriginal Studies Press, 1996.

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Naylor, Tonia. Teaching aboriginal & Torres Strait Islander university students. Mt. Lawley, W.A: Kurongkurl Katitjin Books, 1998.

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Book chapters on the topic "Aboriginal and Torres Strait Islander Law"

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McMillan, Faye, Linda Deravin, and Glenda McDonald. "Aboriginal and Torres Strait Islander health." In Nursing in Australia, 53–64. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003120698-7.

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Johnston, Michelle, and Simon Forrest. "Education and Aboriginal and Torres Strait Islander Students." In Working Two Way, 125–51. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-4913-7_7.

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Tubex, Hilde, and Dorinda Cox. "Aboriginal and Torres Strait Islander Women in Australian Prisons." In Neo-Colonial Injustice and the Mass Imprisonment of Indigenous Women, 133–54. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-44567-6_7.

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Kildea, Sue, and M. Wardaguga. "Childbirth in Australia: Aboriginal and Torres Strait Islander Women." In Science Across Cultures: the History of Non-Western Science, 275–86. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-90-481-2599-9_26.

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O’Rourke, Timothy. "Aboriginal and Torres Strait Islander Domestic Architecture in Australia." In The Handbook of Contemporary Indigenous Architecture, 25–56. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-6904-8_2.

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Akbar, Skye, and Freya Higgins-Desbiolles. "Critical perspectives on Aboriginal and Torres Strait Islander tourism." In Inclusive Place Branding, 23–36. Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315620350-3.

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Lewis, Ben. "Empowering Aboriginal and Torres Strait Islander students in schools." In Flip the System Australia, 133–36. Abingdon, Oxon; New York, NY : Routledge, [2019]: Routledge, 2018. http://dx.doi.org/10.4324/9780429429620-19.

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Pyle, Elizabeth, Deanna Grant-Smith, and Robyn Mayes. "Deficit Discourses and Aboriginal and Torres Strait Islander Disadvantage." In The Management of Wicked Problems in Health and Social Care, 148–59. New York, NY : Routledge, 2019. | Series: Routledge studies in health management: Routledge, 2018. http://dx.doi.org/10.4324/9781315102597-14.

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Bodkin-Andrews, Gawaian, Treena Clark, and Shannon Foster. "Aboriginal and Torres Strait Islander Secondary Students’ Experiences of Racism." In The Palgrave Handbook of Ethnicity, 1–24. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-0242-8_106-1.

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Austin, Jon. "Aboriginal and Torres Strait Islander Students as Effective Numeracy Learners." In Numeracy in Authentic Contexts, 75–89. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5736-6_5.

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Conference papers on the topic "Aboriginal and Torres Strait Islander Law"

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Blake, Tamara, Mark Chatfield, Anne Chang, Helen Petsky, and Margaret Mcelrea. "Spirometry reference values for Australian Aboriginal and Torres Strait Islander (Indigenous) children and young adults." In ERS International Congress 2018 abstracts. European Respiratory Society, 2018. http://dx.doi.org/10.1183/13993003.congress-2018.oa3777.

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Blake, Tamara, Mark Chatfield, Anne Chang, Helen Petsky, and Margaret Mcelrea. "Self-reported and medical chart histories of Australian Aboriginal and Torres Strait Islander (Indigenous) children and young adults." In ERS International Congress 2018 abstracts. European Respiratory Society, 2018. http://dx.doi.org/10.1183/13993003.congress-2018.pa4682.

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Crump, Vanessa, and Yvonne C. Davila. "UNDERSTANDING STUDENTS’ EXPERIENCES AFTER INCORPORATING INDIGENOUS PERSPECTIVES IN A POSTGRADUATE SCIENCE COMMUNICATION." In International Conference on Education and New Developments. inScience Press, 2022. http://dx.doi.org/10.36315/2022v2end005.

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"Many Australian universities have recently incorporated Indigenous graduate attributes into their programs, and the University of Technology Sydney (UTS) is no exception. This project aimed to investigate students’ perceptions and experiences of learning about Indigenous Knowledge systems and culture while developing science communication skills. Advanced Communication Skills in Science is a core subject in the Master of Science program at UTS. An existing assessment task, a three-minute thesis style oral presentation, was reworked to include the Indigenous Graduate Attribute (IGA) developed for the Faculty of Science. Students researched an aspect of Indigenous Science, an area of emerging interest for cultural and scientific understanding, and a mechanism for empowering Australia’s diverse first nations peoples. They then presented their key message in three minutes using a single PowerPoint slide. This task allowed students to demonstrate an awareness and appreciation of multiple ways of developing understandings of nature while enhancing their ability to understand the role of science communication in the modern world. Students were surveyed at the beginning and end of the semester to establish their Indigenous Science conceptions and reflect on their experiences. Students demonstrated an outstanding ability to integrate appropriate Aboriginal and Torres Strait Islander knowledges, experience, and analysis into a key message. Most students reported greater familiarity with concepts such as Indigenous Science and provided richer definitions of what this means. When asked if understanding Aboriginal and Torres Strait Islander knowledges and cultural practices might impact their practice as a scientist, many felt their perspective had changed and that reflecting on their cultural values and beliefs had improved their cultural capability. Most students responded that this subject challenged (at least to a degree) some firmly held assumptions, ideas, and beliefs."
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Finlay, E., and J. Kidd. "16 Unpacking the ‘truth’ about the health gap: decolonising methodologies, cultural archives and the national aboriginal and torres Strait Islander health plan 2013–2023." In Negotiating trust: exploring power, belief, truth and knowledge in health and care. Qualitative Health Research Network (QHRN) 2021 conference book of abstracts. British Medical Journal Publishing Group, 2021. http://dx.doi.org/10.1136/bmjopen-2021-qhrn.54.

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Reports on the topic "Aboriginal and Torres Strait Islander Law"

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Go-Sam, Carroll, Kelly Greenop, Kali Marnane, and Theresa Bower. Campuses on Countries: Aboriginal and Torres Strait Islander Design Framework at The University of Queensland. Brisbane, Australia: The University of Queensland, January 2021. http://dx.doi.org/10.14264/955791e.

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Rogers, Jessa, Kate E. Williams, Kristin R. Laurens, Donna Berthelsen, Emma Carpendale, Laura Bentley, and Elizabeth Briant. Footprints in Time: Longitudinal Study of Indigenous Children. Queensland University of Technology, October 2022. http://dx.doi.org/10.5204/rep.eprints.235509.

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The Longitudinal Study of Indigenous Children (LSIC; also called Footprints in Time) is the only longitudinal study of developmental outcomes for Aboriginal and Torres Strait Islander children globally. Footprints in Time follows the development of Australian Aboriginal and Torres Strait Islander children to understand what Indigenous children need to grow up strong. LSIC involves annual waves of data collection (commenced in 2008) and follows approximately 1,700 Aboriginal and Torres Strait Islander children living in urban, regional, and remote locations. This LSIC Primary School report has been produced following the release of the twelfth wave of data collection, with the majority of LSIC children having completed primary school (Preparatory [aged ~5 years] to Year 6 [aged ~12 years]). Primary schools play a central role in supporting student learning, wellbeing, and connectedness, and the Footprints in Time study provides a platform for centring Indigenous voices, connecting stories, and exploring emerging themes related to the experience of Indigenous children and families in the Australian education system. This report uses a mixed-methods approach, analysing both quantitative and qualitative data shared by LSIC participants, to explore primary school experiences from the perspective of children, parents and teachers. Analyses are framed using a strengths-based approach and are underpinned by the understanding that all aspects of life are related. The report documents a range of topics including teacher cultural competence, racism, school-based Aboriginal and Torres Strait Islander education activities, parental involvement, engagement, attendance, and academic achievement.
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Marnane, Kali, and Theresa Bower. Campuses on Countries: Aboriginal and Torres Strait Islander Design Framework Engagement Report at The University of Queensland. St Lucia, QLD Australia: The University of Queensland, January 2021. http://dx.doi.org/10.14264/c684e38.

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Ward, Jeanette E., Seham Girgis, Kathryn Thorburn, Stefanie Oliver, Charles Weijer, and Monica Taljaard. A systemic review of self-reported ethical practices in publications of cluster randomised trials conducted in Aboriginal and Torres Strait Islander settings. Edited by Melissa Marshall, Gillian Kennedy, Anna Dwyer, and Sandra Wooltorton. Nulungu Research Institute, The University of Notre Dame Australia, 2021. http://dx.doi.org/10.32613/nrp/2021.4.

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Rankin, Nicole, Deborah McGregor, Candice Donnelly, Bethany Van Dort, Richard De Abreu Lourenco, Anne Cust, and Emily Stone. Lung cancer screening using low-dose computed tomography for high risk populations: Investigating effectiveness and screening program implementation considerations: An Evidence Check rapid review brokered by the Sax Institute (www.saxinstitute.org.au) for the Cancer Institute NSW. The Sax Institute, October 2019. http://dx.doi.org/10.57022/clzt5093.

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Background Lung cancer is the number one cause of cancer death worldwide.(1) It is the fifth most commonly diagnosed cancer in Australia (12,741 cases diagnosed in 2018) and the leading cause of cancer death.(2) The number of years of potential life lost to lung cancer in Australia is estimated to be 58,450, similar to that of colorectal and breast cancer combined.(3) While tobacco control strategies are most effective for disease prevention in the general population, early detection via low dose computed tomography (LDCT) screening in high-risk populations is a viable option for detecting asymptomatic disease in current (13%) and former (24%) Australian smokers.(4) The purpose of this Evidence Check review is to identify and analyse existing and emerging evidence for LDCT lung cancer screening in high-risk individuals to guide future program and policy planning. Evidence Check questions This review aimed to address the following questions: 1. What is the evidence for the effectiveness of lung cancer screening for higher-risk individuals? 2. What is the evidence of potential harms from lung cancer screening for higher-risk individuals? 3. What are the main components of recent major lung cancer screening programs or trials? 4. What is the cost-effectiveness of lung cancer screening programs (include studies of cost–utility)? Summary of methods The authors searched the peer-reviewed literature across three databases (MEDLINE, PsycINFO and Embase) for existing systematic reviews and original studies published between 1 January 2009 and 8 August 2019. Fifteen systematic reviews (of which 8 were contemporary) and 64 original publications met the inclusion criteria set across the four questions. Key findings Question 1: What is the evidence for the effectiveness of lung cancer screening for higher-risk individuals? There is sufficient evidence from systematic reviews and meta-analyses of combined (pooled) data from screening trials (of high-risk individuals) to indicate that LDCT examination is clinically effective in reducing lung cancer mortality. In 2011, the landmark National Lung Cancer Screening Trial (NLST, a large-scale randomised controlled trial [RCT] conducted in the US) reported a 20% (95% CI 6.8% – 26.7%; P=0.004) relative reduction in mortality among long-term heavy smokers over three rounds of annual screening. High-risk eligibility criteria was defined as people aged 55–74 years with a smoking history of ≥30 pack-years (years in which a smoker has consumed 20-plus cigarettes each day) and, for former smokers, ≥30 pack-years and have quit within the past 15 years.(5) All-cause mortality was reduced by 6.7% (95% CI, 1.2% – 13.6%; P=0.02). Initial data from the second landmark RCT, the NEderlands-Leuvens Longkanker Screenings ONderzoek (known as the NELSON trial), have found an even greater reduction of 26% (95% CI, 9% – 41%) in lung cancer mortality, with full trial results yet to be published.(6, 7) Pooled analyses, including several smaller-scale European LDCT screening trials insufficiently powered in their own right, collectively demonstrate a statistically significant reduction in lung cancer mortality (RR 0.82, 95% CI 0.73–0.91).(8) Despite the reduction in all-cause mortality found in the NLST, pooled analyses of seven trials found no statistically significant difference in all-cause mortality (RR 0.95, 95% CI 0.90–1.00).(8) However, cancer-specific mortality is currently the most relevant outcome in cancer screening trials. These seven trials demonstrated a significantly greater proportion of early stage cancers in LDCT groups compared with controls (RR 2.08, 95% CI 1.43–3.03). Thus, when considering results across mortality outcomes and early stage cancers diagnosed, LDCT screening is considered to be clinically effective. Question 2: What is the evidence of potential harms from lung cancer screening for higher-risk individuals? The harms of LDCT lung cancer screening include false positive tests and the consequences of unnecessary invasive follow-up procedures for conditions that are eventually diagnosed as benign. While LDCT screening leads to an increased frequency of invasive procedures, it does not result in greater mortality soon after an invasive procedure (in trial settings when compared with the control arm).(8) Overdiagnosis, exposure to radiation, psychological distress and an impact on quality of life are other known harms. Systematic review evidence indicates the benefits of LDCT screening are likely to outweigh the harms. The potential harms are likely to be reduced as refinements are made to LDCT screening protocols through: i) the application of risk predication models (e.g. the PLCOm2012), which enable a more accurate selection of the high-risk population through the use of specific criteria (beyond age and smoking history); ii) the use of nodule management algorithms (e.g. Lung-RADS, PanCan), which assist in the diagnostic evaluation of screen-detected nodules and cancers (e.g. more precise volumetric assessment of nodules); and, iii) more judicious selection of patients for invasive procedures. Recent evidence suggests a positive LDCT result may transiently increase psychological distress but does not have long-term adverse effects on psychological distress or health-related quality of life (HRQoL). With regards to smoking cessation, there is no evidence to suggest screening participation invokes a false sense of assurance in smokers, nor a reduction in motivation to quit. The NELSON and Danish trials found no difference in smoking cessation rates between LDCT screening and control groups. Higher net cessation rates, compared with general population, suggest those who participate in screening trials may already be motivated to quit. Question 3: What are the main components of recent major lung cancer screening programs or trials? There are no systematic reviews that capture the main components of recent major lung cancer screening trials and programs. We extracted evidence from original studies and clinical guidance documents and organised this into key groups to form a concise set of components for potential implementation of a national lung cancer screening program in Australia: 1. Identifying the high-risk population: recruitment, eligibility, selection and referral 2. Educating the public, people at high risk and healthcare providers; this includes creating awareness of lung cancer, the benefits and harms of LDCT screening, and shared decision-making 3. Components necessary for health services to deliver a screening program: a. Planning phase: e.g. human resources to coordinate the program, electronic data systems that integrate medical records information and link to an established national registry b. Implementation phase: e.g. human and technological resources required to conduct LDCT examinations, interpretation of reports and communication of results to participants c. Monitoring and evaluation phase: e.g. monitoring outcomes across patients, radiological reporting, compliance with established standards and a quality assurance program 4. Data reporting and research, e.g. audit and feedback to multidisciplinary teams, reporting outcomes to enhance international research into LDCT screening 5. Incorporation of smoking cessation interventions, e.g. specific programs designed for LDCT screening or referral to existing community or hospital-based services that deliver cessation interventions. Most original studies are single-institution evaluations that contain descriptive data about the processes required to establish and implement a high-risk population-based screening program. Across all studies there is a consistent message as to the challenges and complexities of establishing LDCT screening programs to attract people at high risk who will receive the greatest benefits from participation. With regards to smoking cessation, evidence from one systematic review indicates the optimal strategy for incorporating smoking cessation interventions into a LDCT screening program is unclear. There is widespread agreement that LDCT screening attendance presents a ‘teachable moment’ for cessation advice, especially among those people who receive a positive scan result. Smoking cessation is an area of significant research investment; for instance, eight US-based clinical trials are now underway that aim to address how best to design and deliver cessation programs within large-scale LDCT screening programs.(9) Question 4: What is the cost-effectiveness of lung cancer screening programs (include studies of cost–utility)? Assessing the value or cost-effectiveness of LDCT screening involves a complex interplay of factors including data on effectiveness and costs, and institutional context. A key input is data about the effectiveness of potential and current screening programs with respect to case detection, and the likely outcomes of treating those cases sooner (in the presence of LDCT screening) as opposed to later (in the absence of LDCT screening). Evidence about the cost-effectiveness of LDCT screening programs has been summarised in two systematic reviews. We identified a further 13 studies—five modelling studies, one discrete choice experiment and seven articles—that used a variety of methods to assess cost-effectiveness. Three modelling studies indicated LDCT screening was cost-effective in the settings of the US and Europe. Two studies—one from Australia and one from New Zealand—reported LDCT screening would not be cost-effective using NLST-like protocols. We anticipate that, following the full publication of the NELSON trial, cost-effectiveness studies will likely be updated with new data that reduce uncertainty about factors that influence modelling outcomes, including the findings of indeterminate nodules. Gaps in the evidence There is a large and accessible body of evidence as to the effectiveness (Q1) and harms (Q2) of LDCT screening for lung cancer. Nevertheless, there are significant gaps in the evidence about the program components that are required to implement an effective LDCT screening program (Q3). Questions about LDCT screening acceptability and feasibility were not explicitly included in the scope. However, as the evidence is based primarily on US programs and UK pilot studies, the relevance to the local setting requires careful consideration. The Queensland Lung Cancer Screening Study provides feasibility data about clinical aspects of LDCT screening but little about program design. The International Lung Screening Trial is still in the recruitment phase and findings are not yet available for inclusion in this Evidence Check. The Australian Population Based Screening Framework was developed to “inform decision-makers on the key issues to be considered when assessing potential screening programs in Australia”.(10) As the Framework is specific to population-based, rather than high-risk, screening programs, there is a lack of clarity about transferability of criteria. However, the Framework criteria do stipulate that a screening program must be acceptable to “important subgroups such as target participants who are from culturally and linguistically diverse backgrounds, Aboriginal and Torres Strait Islander people, people from disadvantaged groups and people with a disability”.(10) An extensive search of the literature highlighted that there is very little information about the acceptability of LDCT screening to these population groups in Australia. Yet they are part of the high-risk population.(10) There are also considerable gaps in the evidence about the cost-effectiveness of LDCT screening in different settings, including Australia. The evidence base in this area is rapidly evolving and is likely to include new data from the NELSON trial and incorporate data about the costs of targeted- and immuno-therapies as these treatments become more widely available in Australia.
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