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Articoli di riviste sul tema "Reasonable care (law) – australia"
1
Carver, Tracey. "Informed consent, Montgomery and the duty to discuss alternative treatments in England and Australia". Journal of Patient Safety and Risk Management 25, n. 5 (9 settembre 2020): 187–93. http://dx.doi.org/10.1177/2516043520941330.
Testo completoAbstract (sommario):
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.
2
Holden, Alexander C. L. "Testimonials within health advertising in Australia: an analysis of current policy". Australian Health Review 43, n. 6 (2019): 712. http://dx.doi.org/10.1071/ah18103.
Testo completoAbstract (sommario):
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 e Paul Shantapriyan. "Getting it right: directors’ assessment of information". Managerial Auditing Journal 30, n. 2 (2 febbraio 2015): 117–31. http://dx.doi.org/10.1108/maj-08-2014-1077.
Testo completoAbstract (sommario):
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.
4
Khan, Mushera Ambaras, Farheen Baig Sardar Baig e Haniza Rais. "CLAIMS FOR PSYCHIATRIC INJURY IN THE WORKPLACE: AN ANALYSIS UNDER THE LAW OF NEGLIGENCE AND THE ISLAMIC PERSPECTIVE". IIUM Law Journal 29, n. 2 (23 dicembre 2021): 171–97. http://dx.doi.org/10.31436/iiumlj.v29i2.579.
Testo completoAbstract (sommario):
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 e 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, n. 6 (2002): 635. http://dx.doi.org/10.1071/wr00114.
Testo completoAbstract (sommario):
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 e Barbara Sinclair. "Integrated substance use rehabilitation in a secure forensic facility". Journal of Forensic Practice 21, n. 1 (31 gennaio 2019): 50–60. http://dx.doi.org/10.1108/jfp-09-2018-0037.
Testo completoAbstract (sommario):
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, n. 1 (settembre 1995): 71–73. http://dx.doi.org/10.1177/096853329500200105.
Testo completo
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Wright, R. W. "Justice and Reasonable Care in Negligence Law". American Journal of Jurisprudence 47, n. 1 (1 gennaio 2002): 143–96. http://dx.doi.org/10.1093/ajj/47.1.143.
Testo completo
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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 (1 dicembre 2019): 483–93. http://dx.doi.org/10.54648/gtcj2019060.
Testo completoAbstract (sommario):
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, n. 4 (luglio 2004): 263–76. http://dx.doi.org/10.1002/car.854.
Testo completoTesi sul tema "Reasonable care (law) – australia"
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Lee, Sharon Hoi Yiu. "Conflicts of conscience: respect, restraint and reasonable accommodation for Canadian health care professionals". Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66891.
Testo completoAbstract (sommario):
This paper discusses ethical and legal arguments surrounding conscience-based objections and the corresponding refusal to treat in response to controversial medical procedures. The author unpacks the "right to conscientious refusal" into its component legal relationships and argues that proponents of conscientious objection in health care have inaccurately applied the freedom of conscience and religion. In this paper, the author canvasses various legal mechanisms for the protection of conscience in Canada. Opposed to the introduction of procedure-based "protection of conscience acts" and additional conscience clauses in Canadian legislation, the author argues that the exercise of conscience-based actions or more precisely, the refusal to act, is sufficiently and appropriately protected under the existing law in Canada.Cette thèse traite des arguments éthiques et légaux qui entourent les objections de conscience et le refus de traiter dans le contexte des procédures médicales controversées. L'auteur délimite le droit de refuser de traiter dans son contexte légal et argumente que les partisans de l'objection consciencieuse qui œuvrent dans le domaine de la santé appliquent incorrectement la liberté de conscience et de religion. Dans cette thèse, l'auteur analyse de divers mécanismes pour la protection de la conscience au Canada. Opposée à l'introduction de « lois pourtant sur la protection de la conscience » qui sont procédurales et des clauses de conscience dans la législation canadienne, l'auteur argumente que l'exercice des actes fondés dans la conscience ou plus précisément, le refus d'agir, est suffisamment protégé par la loi existante au Canada.
2
Smith, Kathryn Jane. "The developing doctrine of legitimate or reasonable expectations in the public and private law of England and Australia". Thesis, University of Cambridge, 1995. https://www.repository.cam.ac.uk/handle/1810/265413.
Testo completoAbstract (sommario):
This thesis examines the way in which the doctrine of legitimate or reasonable expectations has developed in the common law of England and Australia. The examination aims to show the role of expectations in the modern re-balancing of interests between the citizen and the Crown or government. The concept of expectations is examined both as it has developed into a doctrine in its own right, and as a theme which is shaping the development of other existing doctrines. i A preoccupation throughout the thesis is the way in which expectations are causing heightened standards of conduct from both the Crown or government when dealing with individual citizens, and from individual citizens dealing inter se. The traditional operation of many legal doctrines which have applied preferentially in favour of the Crown or government is examined. This tradition is exemplified in a limited way by the law relating to claims against the government, the principle of immunity of the Crown from statute, the law of estoppel and the law of restitution. Examination of the progressive reduction of such preferences exposes the significant role of the expectations concept in the re-balancing of the citizen-State relationship. The particular role and meaning of the "Crown", the "government" and the "administration" is central to the understanding of the preferential operation of certain doctrines. Consideration is given to the historic and current meaning of these institutions, their responsibilities and their relationship with the individual citizen. This examination helps to determine whether the role of such institutions has so changed as to justify the development of doctrines to accommodate new expectations. The development of the concept of expectations is examined in both public (or administrative) law and private law. In each sphere, the concept has developed differently, and distinct differences also emerge in the development of the concept by the English and Australian judiciary. These differences reveal important perceptions about the role of the courts in regulating governmental action, the capacity of the courts to develop new or existing legal principles, and the recognition changed expectations of individual citizens will be given in legal doctrine. In public law, the concept of expectations has developed into a distinct legal doctrine. The scope of the doctrine is examined, in particular whether it enables a substantive or merely procedural remedy to be granted where a person's expectation is disappointed. Barriers to the expansion of the scope of the doctrine are critically examined, and a solution proposed to enable the expansion of the doctrine without offence to the prineiples restricting such expansion. Additional issues of locus standi and the bodies subject to the doctrine oflegitimate expectations are reviewed, as well as the scope of the doctrine in European Community law. In private law, the concept of expectations is not an independent doctrine. It nevertheless discloses a powerful capacity to shape the development of existing doctrines so that they protect modern expectations. Unlike expectations in public law, private law doctrines can substantively protect legitimate or reasonable expectations. Consideration is given to the way in which developments in private law can or should influence developments in public law, so that the doctrine of legitimate expectations develops coherently and uniformly. Structure is given to expectations in private law by isolating the main usages of the concept. The usages of the concept are exemplifed by consideration of expectations in the law of contract, tort and equity. Use of the concept of expectations by the judiciary to expand the scope of existing doctrines and to develop new doctrines raises the question of the proper role of the judiciary in the review of governmental action. The propriety of judicial concern with governmental action and judicial law-making are considered. Other means of protecting expectations are examined, including constitutional guarantees, the Rule of Law, the theory of ministerial responsibility and fundamental principles of right and reason. . The close alignment of the expectations concept with the recent resurgence in legal reasoning of the language of morality is examined. Consideration of the place of the terminology of morality in the shaping of the law reveals a notable judicial development of the concept of the Crown or government as moral exemplar. This, combined with the expectations concept has carved out a large role for the place of legitimate or reasonable expectations in the law of England and Australia.
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Kujinga, Benjamin Tanyaradzwa. "The auditor's duty of reasonable care and skill and the expectation to detect fraud". Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/104.
Testo completoAbstract (sommario):
Auditors perform a very important task within the context of the affairs of a company because financial reporting can only serve its purpose if stakeholders can rely on its accuracy and reliability. An auditor’s duty is to opine whether an entity’s financial reporting has been done according to the requirements of the law. The responsibility of reporting according to the law lies with an entity’s directors. Auditors cannot issue an absolute assurance as to the lawfulness and reliability of an entity’s financial reporting. However when it is subsequently discovered that the financial reporting was incorrect and that fraud has occurred auditors are often blamed and sued for enormous amounts of money for failing to detect material anomalies in the financial reports. These actions are based on the fact that auditors have a duty to exercise reasonable care and skill in the performance of their duties and through their failure to act as such, have caused financial harm to the clients or third parties. The fact that auditors are only required by law to exercise reasonable care and skill and perform an audit according to the standards of the reasonable auditor and not the most meticulous one, is often not regarded or is sometimes deliberately ignored. This clearly represents a problem in our law, namely that the presence of fraud in financial reports does not in itself suggest negligence on the part of the auditor but is apparently often perceived to do so. This research shows that the auditor’s duty of reasonable care and skill does not necessarily entail the duty to detect fraud. The elements of the duty of reasonable care and skill are identified from case law, legislation and international auditing standards. In order to limit the liability of auditors in general it is important to focus also on the elements of fault (negligence), wrongfulness and causation. This research shows that negligence cannot be established merely by the presence of fraud or material misstatements in financial statements. The responsibility for fair financial reporting lies with the directors. This research gives prominence to this fact which often seems to be ignored for convenience and in order to place the blame on the auditors. This research implicitly asks the question, why are auditors being held responsible for material misstatements in a company’s financial statements and not the directors? Guidelines for determining the extent of an auditor’s liability in this regard are formulated in this research.
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Sims, Hazel Jane. "A case study of pressure group activity in Western Australia: Medical care of the dying bill (1995)". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1220.
Testo completoAbstract (sommario):
When the Australian Labor Party member for Kalgoorlie, Ian Taylor, presented his Private Member's Bill - the Medical Care of the Dying Bill (1995), he laid the foundation for this thesis. Mr Taylor introduced his Bill to the Western Australian Legislative Assembly on 28 March 1995. The Bill codified the terminally ill patient's right to refuse medical treatment, which clarified common law. This thesis attempts to overcome the dearth of literature in Western Australian lobbying concerning conscience-vote issues. It also identifies the key issues in understanding political lobbying, the form of pressure group activity that takes place and why certain groups respond in different ways. The pressure groups selected for this case study are examined, classified and evaluated resulting in a prescription for lobby group activity for similar conscience-vote issues. According to the Bill's sponsor, Ian Taylor, the legislation was needed to deal with the inconsistencies in common law of the medical treatment of terminally ill people. The Law Reform Commission in its 1991 Report on Medical Treatment for the dying, stated that there was a need to deal with the issue in Western Australia. Due to the advances in medical treatment practices in the past 50 years, doctors can prolong the life of patients for whom there is no cure. The major problem, however, is the Criminal Code: doctors and care providers can be at risk of prosecution and conviction if the patient's wishes are respected and medical treatment is withdrawn, leading to the patient's death. At present there is a general common law right to refuse medical treatment. According to Mr Taylor, the difficulty lies in the fact that in Western Australia, the common law is overridden by the Criminal Code. The Bill also highlighted the role of palliative care and the treatment of the dying. The opinion of most pressure groups was that the rights of terminally ill patients should be protected and enhanced. Of the groups selected for this case study, only the Coalition for the Defence of Human Life objected to the Bill. Other groups supported the principles of the Bill, while some hoped for voluntary euthanasia legislation and others gave tacit approval. Of all the groups the L. J. Goody Bioethics Centre distinguished itself as a key organisation which tended to monopolise political influence. Media exposure of the issue was high, particularly in The West Australian. The "right to die" issue was canvassed and often was reported with references to euthanasia. At the same time the Northern Territory legislation, the Rights of the Terminally Ill Bill (1995), was receiving much media attention. The issue of euthanasia was necessarily discussed in the context of national and international arenas. The political masters of thought on citizen participation and group theory were introduced early in the thesis. John Locke, Jean -Jacques Rousseau, James Madison, Alexis de Tocqueville, Thomas Paine and John Stuart Mill provided valuable insight into the nature of modern political thought on this interesting aspect of political activity. Contemporary political writers such as Trevor Matthews. Dean Jaensch and Graham Maddox were also consulted. The eight pressure groups selected for the study were the: • West Australian Voluntary Euthanasia Society Inc. • Coalition for the Defence of Human life • Australian Medical Association (WA Branch) • Australian Nursing Federation (WA Branch) • L. J. Goody Bioethics Centre • Silver Chain Nursing Association Inc. • Uniting Church of Australia • Anglican Church of Australia Information from the groups formed a significant part of this thesis. An attempt was made in the conclusion to ascertain the effectiveness of the various strategies utilised by the pressure groups and provide an insight into lobbying practices. Ultimately, though, the contentious Bill was not given a third reading. Nor was it debated in the Legislative Council. At one stage it was considered likely that the Bill would be recommitted to parliament. The monitoring of the Medical Care of the Dying Bill (1995) undertaken in this thesis, indicates that this would have been a lengthy and divisive process.
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Crowther, Helen Jane. "Making Reasonable Decisions - A qualitative study and quantitative health needs assessment evaluating the integration of published evidence and practice variation in the care of patients with thalassaemia and sickle cell disease in NSW, Australia". Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/13727.
Testo completoAbstract (sommario):
Doctors and patients make decisions together every day in an attempt to improve health outcomes in patients. We aimed to investigate such decisions, outcomes and the processes undertaken in decision making in patients living with a clinically significant haemoglobin disorder as well as other haematological illnesses. Initially a quantitative health needs assessment was undertaken in NSW, Australia examining the health and management of patients with haemoglobin disorders utilising patient reported outcomes. This assessment noted significant practice variation. A qualitative, interview based study of haematologists is then reported examining how treatments were selected or implemented. This study examined the integration of published evidence into such processes. Evidence based medicine is then examined from the perspective of illness definition in haematological malignancy and the increasing approach to targeted therapies resulting in highly individualised treatment approaches. Medical decision making (MDM) as a social process is then discussed with reference to individual clinician differences in risk epistemology, unit culture and self-referential behaviours. It is proposed that if MDM is examined from such a perspective practice variation is not only inevitable but in some cases preferable.
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Duke, Janet School of Social Work UNSW. "Silent values : contextualising justice within the disjunctures between care discourses, regulatory requirements and nursing practice realities". Awarded by:University of New South Wales. School of Social Work, 2002. http://handle.unsw.edu.au/1959.4/19127.
Testo completoAbstract (sommario):
The notion of 'Care' has occupied a central place as foundation in nursing theory, ethics and practice. An examination of critical and authoritative documents reveals that the term is vague and ill defined. The literature on care does not theorise the concept as fully as expected in a profession where the concept is considered central. Moreover, even the best theories of care neglect justice. Applying Wittgenstein's concept of family resemblance allows the debate to move on from definitional issues to assess the applicability of 'care' to the practice of the profession. An examination of a range of assessments of nursing practice shows that although 'care' is frequently used in connection with nursing, it does not appear to be a major consideration in key areas of appraisal. This thesis explores the relationship between care and justice in nursing and proposes that they be integrated within nursing theory. A theory for nursing that does not exclude care, but that has justice as its basis is proposed. Care, when used in the context of justice provides nursing with a theory that is appropriate not only for nursing theory and ethics but also assists the profession meet the demands of modern practice.
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Dixon, William Michael. "An Examination of the Common Law Obligation of Good Faith in the Performance and Enforcement of Commercial Contracts in Australia". Thesis, Queensland University of Technology, 2005. https://eprints.qut.edu.au/16123/1/William_Dixon_Thesis.pdf.
Testo completoAbstract (sommario):
This examination of the common law obligation of good faith in the performance and enforcement of commercial contracts in Australia seeks to achieve a number of objectives.
First, to chart the historical development of the implied good faith obligation.
Secondly, to identify a number of issues that remain unresolved at Australian lower court level.
Thirdly, to consider five doctrinal approaches that could be adopted by the High Court when ultimately confronted by the competing claims and tensions that have proven divisive in the courts below.
Fourthly, to assess each approach against three identified benchmarks.
The essential thesis is that good faith should be implied, as a matter of law, in commercial contracts that are relational in nature with an additional call being made for the High Court to explicitly recognise that the underlying basis of the implied good faith obligation is the reasonable expectations of the contractual parties. This approach is the one approach that satisfies all three benchmarks and provides the most satisfactory resolution of the issues that presently bedevil the commercial good faith debate in Australia.
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Dixon, William Michael. "An Examination of the Common Law Obligation of Good Faith in the Performance and Enforcement of Commercial Contracts in Australia". Queensland University of Technology, 2005. http://eprints.qut.edu.au/16123/.
Testo completoAbstract (sommario):
This examination of the common law obligation of good faith in the performance and enforcement of commercial contracts in Australia seeks to achieve a number of objectives. First, to chart the historical development of the implied good faith obligation. Secondly, to identify a number of issues that remain unresolved at Australian lower court level. Thirdly, to consider five doctrinal approaches that could be adopted by the High Court when ultimately confronted by the competing claims and tensions that have proven divisive in the courts below. Fourthly, to assess each approach against three identified benchmarks. The essential thesis is that good faith should be implied, as a matter of law, in commercial contracts that are relational in nature with an additional call being made for the High Court to explicitly recognise that the underlying basis of the implied good faith obligation is the reasonable expectations of the contractual parties. This approach is the one approach that satisfies all three benchmarks and provides the most satisfactory resolution of the issues that presently bedevil the commercial good faith debate in Australia.
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Beraldo, Maria Carolina Silveira. "O comportamento dos sujeitos processuais como obstáculo à razoável duração do processo". Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-30042013-154154/.
Testo completoAbstract (sommario):
A lentidão processual é um indicador de ineficiência da justiça e também uma de suas causas. A normal duração dos processos cíveis está comprometida por uma série de fatores, tais como o aumento da litigiosidade, a falta de infraestrutura dos órgãos judiciários e insuficiente utilização das novas tecnologias da informação, a deficiente formação dos juízes e advogados e, particularmente, a falta de efetiva repressão às más condutas dos sujeitos processuais. Este trabalho tem por escopo identificar as condutas processuais irregulares causadoras ou contributivas para a morosidade e traçar parâmetros objetivos para sua repressão. Para tanto, foram estudados os principais aspectos relativos ao comportamento abusivo dos sujeitos processuais que violam o direito à razoável duração do processo e trazem prejuízos processuais e extraprocessuais, tanto às partes envolvidas no litígio, quanto à dignidade da jurisdição. O trabalho busca demonstrar, portanto, que ética, compromisso e cooperação são peçaschave na solução do intrincado problema da lentidão processual e que, para resolvê-lo, não são necessárias alterações legislativas: a adequada aplicação dos atuais mecanismos repressores das condutas iníquas, à luz desses valores, é suficiente para a garantia da razoável duração do processo.The slowness of judicial procedures is a symptom of the inefficiency of justice and is also one of its causes. The usual duration of civil proceedings is jeopardized by a number of factors, such as the increase in litigiousness, the lack of infrastructure of the judiciary bodies and insufficient use of the new information technologies, the deficient educational level of judges and lawyers, and particularly the absence of an effective repression to abusive conducts of the parties to a lawsuit. The scope of this paper is to identify the improper procedural practices that give rise or contribute to the slowness of justice and to establish objective parameters to repress it. For such purpose, a study was performed on the main aspects related to abusive practices carried out by the litigants, which infringe the right to a reasonable length of proceedings, and bring about an adverse effect in court and out of court, both to the parties involved in the litigation and to the dignity of the jurisdiction. Therefore, the paper searches to demonstrate that ethics, commitment, and cooperation are key components to the solution of the intricate problem of procedural slowness, and that no legislative amendments are required to solve it: in light of such values, the proper application of the existing repressive mechanisms for inequitable conducts is sufficient to guarantee the reasonable length of court proceedings.
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Gibson, Robin Margaret. "Bridging the gap between rhetoric and reality: can the law enforce quality patient-centred care in Australia?" Phd thesis, 2016. http://hdl.handle.net/1885/131461.
Testo completoAbstract (sommario):
This thesis investigates a perceived gap between the medical
profession’s rhetoric that the welfare of the patient is the
medical practitioner’s first priority, and the reality of
patient experience. The Medical Board of Australia’s Good
Medical Practice: A Code of Conduct for Doctors in Australia
mandates the duty of medical practitioners to make the care of
their patients their first priority. This code also confirms
that good medical practice is patient-centred.
Patient-centred care should therefore be central to patient
experience. However, despite promotion of this goal by medical
professional authorities, patient-centred care is not always
being achieved as well as it might in practice. This thesis is
an attempt to understand the reasons why this divergence between
rhetoric and practice is occurring, paying particular attention
to the role of the law as a potential and actual promoter of, and
barrier to, practices which are recognised components of
patient-centred care, and consequently of good medical practice.
This aim is developed through two case studies, the way valid
advance directives are observed or not, and the responses of
medical practitioners to injuries to patients sustained during
medical treatment.
The methodology used includes analysis of hard law regulatory
processes together with the development of and increasing
reliance on the soft law documented in codes, guidelines and
other regulatory standards which reflect the evolving ideals of
medical professionalism. In turn, an examination of disciplinary
cases of tribunals and courts shows how conduct is interpreted in
accordance with what is or is not professional behaviour.
There is evidence that observance by medical practitioners of
patient-centred care is often being overwhelmed by the scientific
and technical aspects of medical practice and other pressures on
medical practitioners, such as concerns about legal liability.
The necessity for the observance of respect for the human being
who is the patient is discounted to these priorities despite
extensive evidence of improved outcomes for patients when
patient-centred principles are implemented. The reasons for this
discount are complex but a major contributor to the less than
optimum observance of patient-centred principles is medical
professionalism as fostered by the current methods of
socialisation and training of medical practitioners. Bullying
and humiliation of medical students in their training leads to
desensitisation and a consequent lack of attention by medical
practitioners to the necessity for patient-centred approaches to
practice.
An exploration of the direct and indirect impacts of the law upon
the medical profession shows the domination of medical
practitioner interests over the interests of their patients.
Therefore, this thesis considers whether the existing Australian
legislative regime can be applied to achieving the promotion of
the observance of quality, patient-centred practices by medical
practitioners to the mutual benefit of doctor and patient. It
argues that medical disciplinary authorities can use the
provisions of the Health Practitioner Regulation National Law
together with soft law regulation to more completely embed a
patient-centred culture in medical practitioner behaviour.
Libri sul tema "Reasonable care (law) – australia"
1
Katter, Norman A. Duty of care in Australia. Sydney: LBC Information Services, 1999.
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2
Dodson, Diane. Reasonable efforts to prevent foster placement: A guide to implementing the "reasonable efforts" requirements of Public Law 96-272 through judicial determinations and state policy. Washington, D.C: American Bar Association, Young Lawyers Division, 1994.
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3
Baker, Debra Ratterman. Reasonable efforts: A manual for judges. Washington, DC: American Bar Association, 1987.
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4
American Bar Association. Young Lawyers Division., a cura di. Reasonable efforts: A manual for judges. Washington, DC: American Bar Association, 1994.
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5
Ricci, Annarita. Il criterio della ragionevolezza nel diritto privato. Padova: CEDAM, 2007.
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6
Meyer, Simon. Vendor Due Diligence beim Unternehmensverkauf: Begriff, Rechtsbeziehungen, Haftung. Zürich: Dike, 2013.
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7
MacFarlane, Peter J. M. Health law in Australia & New Zealand: Commentary & materials. 3a ed. Leichhardt, N.S.W: Federation Press, 2000.
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8
Fercia, Riccardo. Dovere di diligenza e rischi funzionali. Napoli: Jovene, 2005.
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9
Diane, Dodson, Hardin Mark, National Legal Resource Center for Child Advocacy and Protection (U.S.) e American Bar Association. Young Lawyers Division., a cura di. Reasonable efforts to prevent foster placement: A guide to implementation. 2a ed. Washington, D.C: American Bar Association, 1987.
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10
Ricci, Francesco. Due diligence e responsabilità. Bari: Cacucci, 2008.
Cerca il testo completoCapitoli di libri sul tema "Reasonable care (law) – australia"
1
Whelan, Jennifer L. "Vulnerability analysis of provision of care to unaccompanied asylum-seeking children, using Australia as a case study". In Reconceptualising Unaccompanied Child Asylum Seekers and the Law, 88–113. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003260134-6.
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2
Teff, Harvey. "Involving the Law". In Reasonable Care, 3–66. Oxford University PressOxford, 1994. http://dx.doi.org/10.1093/oso/9780198255789.003.0001.
Testo completoAbstract (sommario):
Abstract A few years ago, in a much-publicized case, the House of Lords authorized the sterilization of a mentally retarded 17-year-old girl. Condemning the judgment, a leading academic physician declared that ‘the law is becoming an insatiable cormorant in matters of medicine’. Though the specific issue was emotive, such a forthright general charge of legal overreach is unsustainable. The view that the courts are meddlesome intruders in medical affairs may be popular among doctors, but it is very much at odds with judicial attitudes towards the medical profession and with the principles which govern the legal liability of its members.
3
Teff, Harvey. "Collaborative Autonomy". In Reasonable Care, 196–229. Oxford University PressOxford, 1994. http://dx.doi.org/10.1093/oso/9780198255789.003.0006.
Testo completoAbstract (sommario):
Abstract In Sidaway, Lord Scarman alone favoured incorporating what he called the ‘transatlantic doctrine of informed consent’ into English law. He saw the doctrine as embodying the doctor’s obligation to satisfy the patient’s right to know. In his view, this obligation forms part of the doctor’s duty of care derived from the patient’s rights—the ‘right to be informed of the risks inherent in the treatment which is proposed’ so as to be able to exercise the right of ‘self-determination’. We have suggested that this rationale is misconceived. However, though a rights-based justification of informed consent is problematic within the context of negligence, and though the vocabulary of rights has been misleadingly deployed under the regis of negligence by jurisdictions that have embraced the doctrine, it remains possible to accommodate a conception of informed consent within negligence as a dimension of the doctor’s duty of care. Properly conceived, the doctrine represents both a noble aspiration and a practical aid to doctorpatient relationships which the law should endorse.
4
Teff, Harvey. "Patients’ Rights". In Reasonable Care, 131–72. Oxford University PressOxford, 1994. http://dx.doi.org/10.1093/oso/9780198255789.003.0004.
Testo completoAbstract (sommario):
Abstract A doctor-centred conception of health care is beginning to lose ground in part because of growing sympathy for the view that patients are entitled to decide what is done to them. In its insistence that individuals be viewed as ends in themselves, a model of patient autonomy seems to offer an appealing contrast to the Hippocratic emphasis on presumed best interests. It also translates naturally into legal form in any system of law which puts a high value on the ‘right’ to self-determination and to bodily inviolability. Like the crime of assault, the tort of battery has been said to hinge on ‘the fundamental principle, plain and incontestable ⃛ that every person’s body is inviolate’. As Lord Donaldson was to put it, ‘in the absence of consent all, or almost all, medical treatment and all surgical treatment of an adult is unlawful however beneficial such treatment might be. This is incontestable.’ At first sight, then, the availability of the action for battery suggests the clearest possible repudiation of paternalism and a vindication of patient choice. In Judge Cardozo’s wellknown formulation; ‘every human being of adult years and sound mind has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patient’s consent commits an assault for which he is liable in damages’.
5
Horsey, Kirsty, e Erika Rackley. "7. Breach of duty: the standard of care". In Casebook on Tort Law, 169–202. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192893659.003.0007.
Testo completoAbstract (sommario):
Once it has been established that there is a sufficient relationship between the parties to establish a duty, the question then arises whether the defendant has been in breach of this duty. This involves a number of issues, many of which involve the judgment of the ‘reasonable man’. The defendant’s behaviour must have fallen below the level of the standard of care owed, which defines the level of safety a claimant is entitled to expect. The ‘reasonable man’ may give the impression of certainty where there is none, for whether it is reasonable to take a certain risk involves questions of economic and social policy which are rarely expressed in the law reports.
6
Mark, Arnold. "Duty to Exercise Reasonable Care, Skill, and Diligence". In Company Directors. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780192842879.003.0014.
Testo completoAbstract (sommario):
This chapter notes the duty to exercise reasonable care, skill, and diligence in accordance with the Companies Act 2006. Care, skills, and diligence will be exercised by a reasonably diligent person with general knowledge, skill and experience. The provision reflects and replaces the position of common law as established in the Insolvency Act. The notion of care is understood as requiring carefulness, while skill denotes ability. Meanwhile, diligence may be understood as requiring the directors to apply themselves conscientiously to the affairs of the company and, in particular, the matter at hand. The chapter clarifies that the misjudgment of directors is not necessarily negligence.
7
Horsey, Kirsty, e Erika Rackley. "8. Breach of duty: the standard of care". In Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.003.0008.
Testo completoAbstract (sommario):
This chapter focuses on the second of the requirements necessary to establish a claim in the tort of negligence—breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’.
8
Steele, Jenny. "3. The Standard of Care in Negligence". In Tort Law, 123–59. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198853916.003.0003.
Testo completoAbstract (sommario):
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter introduces the reader to the fault principle or negligence standard, along with its positive and negative implications. This chapter first asks. ‘What is negligence?’. It covers the standard of care and, within this, it looks at the objective standard. The chapter goes on to explore the way in which professional skill and care are assessed in the medical context. It also considers reasonable risk-taking and the absence of evidence of fault.
9
Horsey, Kirsty, e Erika Rackley. "3. Duty of care: basic principles". In Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.003.0003.
Testo completoAbstract (sommario):
This chapter traces the development of the duty of care. It considers the various general tests developed and used by the courts in order to establish when a duty of care is owed. In novel cases where there is no existing precedent, since the decision of the House of Lords in Caparo Industries v Dickman [1990], the defendant will owe the claimant a duty of care only where there are positive reasons for them to do so (either because the circumstances of the case are very similar to another where a duty is already owed or because there is sufficient proximity and foreseeability between the parties and the harm suffered to make it fair, just and reasonable to impose a duty).
10
Horsey, Kirsty, e Erika Rackley. "8. Breach of duty: the standard of care". In Tort Law, 224–60. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780192874481.003.0008.
Testo completoAbstract (sommario):
This chapter focuses on breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’. The questions to be answered are how the defendant ought to have behaved (what was the required standard of care) and how the defendant did behave (did they in fact fall below that standard).
Atti di convegni sul tema "Reasonable care (law) – australia"
1
Carroll, Francis, e Jan Hayes. "Effective Risk Management for In Service Pipelines: Achieving ALARP by Pressure Management and Slab Protection". In 2018 12th International Pipeline Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/ipc2018-78170.
Testo completoAbstract (sommario):
In Australia (and the UK), pipeline operating companies have a regulatory obligation to ensure that their assets are designed, constructed, operated and maintained so that risk to people and the environment is as low as reasonably practicable (ALARP). In many routine cases, demonstration that risk is ALARP is a matter of compliance with relevant technical standards. There are some cases, however, that are more complex. If a pipeline has been subject to significant urban encroachment and does not conform to current design standards for this service, how does a pipeline operator decide whether risk controls are sufficient? In Australia, rather than either ‘grandfathering’ requirements or mandating retrospective compliance with new standards, operators are required to ensure pipelines are safe and that risk levels are acceptable. The answer in cases such as this is a matter of judgment and we have legal, moral and reputational responsibilities to get decisions such as this right. There is currently no formal requirement in the US for pipeline risks to be ALARP, although the concept is gradually being introduced to US industry safety law. Examples include US offshore well control rules, California refinery safety regulations and the nuclear sector concept of ‘as low as reasonably achievable’. In this paper, we demonstrate application of the ALARP process to a case study pipeline built in the 1960s that has been heavily encroached by urban development. The Australian risk-based approach required formal ALARP assessment including consideration of options to reduce pressure, relocate or replace the pipeline, or increase the level of physical or procedural protection. Current and predicted operating conditions on this existing pipeline allowed reduction in operating pressure in some of the encroached segments, sufficient to achieve the equivalent of current Australian requirements for ‘No Rupture’ in high consequence areas for new pipelines. In other areas this was not achievable and a lesser degree of pressure reduction was instigated, in combination with physical barrier protection. The physical barrier slabbing comprised over 7 km of 20 mm thick high-density polyethylene (HDPE) slabs, buried above the pipeline. This approach was new in Australia and required field trials to confirm effectiveness against tiger tooth excavators and rotary augers. These upgrades to the case study pipeline have significantly decreased the risk of pipeline failure, by reducing both likelihood and consequences of accidental impact. In combination with rigorous procedural controls such as patrol surveillance and community liaison, real risk reduction has been achieved and ALARP has been demonstrated.
2
Vlašković, Veljko. "OSVRT NA PRAVA DECE SA INVALIDITETOM SA TEŽIŠTEM NA PRISTUP ZDRAVSTVENIM USLUGAMA". In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.569v.
Testo completoAbstract (sommario):
It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Convention on the Rights of the Child or the European Convention on Human Rights, are beginning to be directly adjusted to the this Convention. From the aspect of recognition and exercising of the rights of children with disabilities, the issue of accessibility to health care services is especially important. It insists on the application of the principles of reasonable accommodation, accessibility and non-discrimination so that children with disabilities have access to health care facilities on an equal basis with other children. This implies significant involvement of the state, local community and family in order to remove social and infrastructural barriers. Furthermore, the UN Committee on the Rights of Persons with Disabilities calls for an absolute ban on the forced detention and placement of children in health care facilities, while there is a very negative attitude towards the care of children with disabilities in social protection institutions. In this regard, an amendment to the domestic Law on the Protection of Persons with Mental Disabilities is required. According to the social model of disability, the family environment with the appropriate and effective support of the local community is a necessary environment for the realization of the rights of children with disabilities. When it comes to the consent of a child with a disability to a medical treatment, it is necessary to determine the child's capability to form views, as in the case of other children. In that sense, the mentioned child should be provided with appropriate assistance and support to express his / her views. This support consists primarily in the way in which the child is informed about the proposed medical treatment.
3
De, Ashoke, e Sumanta Acharya. "Large Eddy Simulation of Premixed Combustion With a Thickened-Flame Approach". In ASME Turbo Expo 2008: Power for Land, Sea, and Air. ASMEDC, 2008. http://dx.doi.org/10.1115/gt2008-51320.
Testo completoAbstract (sommario):
A Thickened Flame (TF) modeling approach is combined with a Large Eddy Simulation (LES) methodology to model premixed combustion and the accuracy of these model predictions is evaluated by comparing with the piloted premixed stoichiometric methane-air flame data of Chen et al. [Combust. Flame 107 (1996) 223–226] at a Reynolds number Re = 24,200. In the TF model, the flame front is artificially thickened to resolve it on the computational LES grid. Since the flame front is resolved, the combustion chemistry can be incorporated directly without closure approximations for the reaction rate. The response of the thickened flame to turbulence is taken care of by incorporating an efficiency function in the governing equations. The efficiency function, which is also known as a sub-grid flame wrinkling parameter, is a function of local turbulence and of the premixed flame characteristics, such as laminar flame speed and thickness. Three variants of the TF model are examined: the original Thickened Flame model, the Power-law flame wrinkling model, and the dynamically modified TF model. Reasonable agreement is found when comparing predictions with the experimental data and with computations reported using a probability distribution function (PDF) modeling approach by Lindstedt et al. [Combust. Flame 145 (2006) 495–511] and G-equation approach by Duchamp et al. [Annual Research Briefs, CTR (2000) 105–116].
4
Kitson, Michelle, Rachel Roberts, Colin O'Brien, Robert Sheppard e Yashar Moslehy. "Wandoo A – A Life Extension Case Study Implementing Reliability Methodologies". In Offshore Technology Conference. OTC, 2023. http://dx.doi.org/10.4043/32195-ms.
Testo completoAbstract (sommario):
Abstract The Wandoo Oil Field is located about 75km northwest of Karratha, Western Australia. Wandoo A (WNA) is a normally unmanned monopod platform installed in 1993 with a 15-year design life. Demonstrating fitness for service of this facility through the end of field life posed unique technical challenges given its features, including grouted connections, Tuned Liquid Damper (TLD) and the prospect of Wave-in-Deck (WID) in higher return period environmental events. This paper presents a life extension case study for this facility by exploring the overall life extension process and how that process is tailored to its unique structural aspects. In addition to evaluating the structure for metocean strength and fatigue loading, seismic and ship collision loading were also components of the assessment. Incorporating the current condition of the assets into the process, the probability of failure subject to the various environmental hazards was thoroughly studied to check conformance against industry acceptable limits using both design level and ultimate strength approaches. Extensive reliability assessment is performed with consideration given to factors of uncertainty including material strength, structural system capacity, structural system redundancy, WID and Wave-in-Jacket (WIJ) loading, and soil capacity. Analytical refinement was devoted to both capacity (structural and soil behavior) and demand (metocean/seismic events and return periods) considerations to increase confidence in the results. Probability Density Functions (PDFs) for metocean loading and for resistance of the structure and foundation are calculated in order to determine the collapse frequency (probability of failure calculation) based on reliability methodologies considering both First Order Reliability Methods and Monte Carlo simulations. Of particular focus for this work is supporting the ALARP (As Low As Reasonably Practicable) phase of the project based on the reliability outcomes. As with any ageing asset, there are components and systems that do not meet normal design allowable limits used for newer structures. This paper explores how these higher risk aspects of the facilities were studied so they may be addressed using an ALARP approach and how that process fits into the typical life extension process followed for WNA.