Recent Inquiry Research Articles

Family dispute resolution and access to justice in Australia

AbstractThe context of this paper is the several innovative reforms since the Australian government changed the family-law system more than forty years ago with the enactment of the Family Law Act 1975 (Cth). Whilst no-fault divorce was introduced over four decades ago, the watershed effect of replacing a blaming culture with a collaborative problem-solving approach to family disputing has provided a stepping stone for a progressive pathway to less adversarialism in family conflict. This narrative resonates throughout the family-law system today. It also continues to guide the justice discourse in family matters. This paper focuses on developments in the family-law system canvassing several legislative amendments that demonstrate the use of alternative dispute resolution (ADR) as a means of improving access to justice in relation to family disputes in Australia. It is argued that, in the family-law system, justice and ADR are inextricably linked. In support of this contention, the growth, development and evaluation of family dispute resolution is considered; access to justice issues that arise are highlighted. Finally, it reviews ramifications for the future considering recommendations from the recent inquiry into the family-law system.

Online Payday Lenders: Trusted Friends or Debt Traps?

The recent Senate inquiry into credit and hardship underscored the prevalence of predatory conduct in the payday lending industry. The rise of digitalisation has increased consumer access to high-cost payday loans and the ensuing risk of debt spirals. The article examines the marketing strategies of online payday lenders, revealing that the effect of mandatory warnings on the risk of harm are often diminished through website layouts. At the same time, lenders commonly offer fast, convenient cash in tandem with blogs that provide advice on managing finances and living well on a budget, obfuscating the distinction between advertising and altruistism. The findings highlight the need for regulatory enforcement of laws aimed at safeguarding vulnerable financial consumers. Emerging challenges from the increasing digitalisation of payday lending and social media marketing raise the need for reforms to address gaps in the regulatory framework.

Ireland's Working-Class Literature: Neglected Themes, Amphibian Academics, and the Challenges Ahead

Irish working-class history, culture, and literature are attracting increasing academic interest. With the publication of A History of Irish Working-Class Writing (2017), Declan Kiberd could write that its focus on ‘an astonishing range of writing – from work-songs and political rhymes to poetry and government reports, from novels and plays to biographies by or about working people’, would ‘set many of the terms of cultural debate in the decade to come’. This essay asks a number of timely questions in that regard: What is the likely shape of that future debate, in terms of class and culture in Ireland, and what are the lacunae that will guide research and publishing priorities for those who engage with it in academia and the arts? What has been achieved in terms of the recent scholarly inquiry into working-class writing and what are that inquiry's blindspots and limitations? The international contexts, historical breadth, categorical limitations, and institutional and societal challenges are all surveyed in this necessarily short sketch of some of the major issues.

(Proto-)phantastische Techniken komplexen Erzählens und Visualisierens in Ovids Metamorphosen und in aktuellen Kinoblockbustern

Recent philological inquiry and reception studies have pointed out that the innovative and highly allusive mythological encyclopaedia of Ovid’s Metamorphoses (c. 8 AD) is based on a postmodernist poetics which seems to exert a considerable influence on contemporary fantastic literature and other fantastic genres and media.This contribution focuses on the question in which ways the phantastic narrative elements of the Metamorphoses (e.g. all-pervasive change of forms; mythical creatures, gods and demigods as characters in human contexts of action and conflict structures) are accentuated by techniques of complex narration and pre-cineastic textual visualization. By unfolding a typology of external and internal narrators/focalizers and a functional analysis of selected internal narrations, Ovid’s versatile arrangements of narrating and reviving myths are proved to have been proto-fantastic techniques of complex narration. The creative potential and lasting power of Ovid’s poetics is exemplified by the adaptation of Ovid’s story about Erysichthon and Hunger in Jane Alison’s novel The Love Artist (2003).The second part of the paper explores the cinematographic making and presentation of narrations and hybridcreatures inspired by Ovid in recent blockbuster movies. Ovid’s hyperrealistic and effective descriptions of central stories and characters of the Metamorphoses turn out to be an important inspiration for filmmakers. Detailed analysis shows that digital animation techniques back the reanimation of Ovidian elements such as Medusa’s individual snake hair and panorama flights on Pegasus in front of a green screen. Apartfrom that, the Hydra is staged as digitally created huge fire-breathing dragon with 3D flames. The Homeric and Ovidian cyclops Polyphemus reappears as a mechatronic super robot wearing a kilt. These expensive and artful special effects can be interpreted as a kind of hyper imitation of Ovidian visualization. At the end of the contribution. we discuss the aesthetic ambiguity of such vivid action elements in ancient and contemporary narratives.Publisher's note: This article was originally published as part of issue 8.1. This has been updated to note that this article is part of issue 7.2.

UHMS Position Statement: Hyperbaric Oxygen (HBO2) for COVID-19 Patients

There have been numerous recent inquiries regarding use of hyperbaric oxygen (HBO2) for patients with COVID-19. Questions have been raised pertinent to two possible mechanisms for HBO2 in this clinical context. The UHMS Hyperbaric Oxygen Therapy Committee, UHMS Executive Committee, with collaborative input from multiple senior UHMS members and researchers have drafted this position statement.

Research Papers #1 and #2 - Class Actions and Litigation Funding Reform: The Rhetoric and the Reality

In this paper, we provide an overview of recent law reform inquiries and reports on class actions and litigation funding in Australia and in North American jurisdictions. We then summarise and examine the written and oral submissions to the most recent inquiry into class actions and litigation funding.

ProserpinaUnbound: John Ruskin, Maria La Touche, and Victorian Floriculture

Filled with caustic statements on artificial plant breeding and florist flowers, John Ruskin's botanical essay collection,Proserpina(1875–86), advances a cogent argument against commercial floriculture and, by extension, the commodification of vegetal life. However, the eco-political stakes of this text have received limited attention. Past studies have primarily interpretedProserpinaas a testament to Ruskin's disquiet about Darwinism and as a memorial to his late love, Rose La Touche. In this article, I argue that beneath these scientific and personal imperatives,Proserpinaurges readers to resist the consumption of floral commodities engineered by Victorian nurserymen and florists. My reading draws together the history of nineteenth-century flower breeding with recent inquiries from the field of critical plant studies in order to illuminate how Ruskin's botanical prose dovetails with present-day debates on vegetal ethics. Flower-breeding motifs figure prominently in a series of letters written forProserpinaby Rose's mother, Maria La Touche, whose contributions to this book have long been overlooked. AnalyzingProserpina's floricultural subtext will not only recover La Touche's letters from the shadow of Ruskin's love life but also underscore an unexplored facet of Ruskin's antipathy toward Darwin, who celebrated florist flowers in his own botanical writings.

Role of Porcine Base Anticoagulant During Pregnancy and Puerperium as Prophylaxis Treatment in Venous Thromboembolism (VTE): Shariah Views and Perspectives

Physiological changes in pregnancy makes the pregnancy a hypercoagulable state. Recent Malaysian maternal mortality enquiry in 2016-2017 statistic revealed that the principal cause of maternal death is caused by venous thromboembolism (VTE) particularly pulmonary Embolism (PE). Low Molecular Weight Heparin (LMWH) is the treatment of choice in pregnancy due to its efficacy, effectiveness and safety profile which is superior then other anticoagulants. Unfortunately, LMWH is porcine base anticoagulant which creates a huge hesitancy and dilemma amongst Muslim medical practitioners. Perplexity especially in preventive treatment as the national fatwa issued permissible usage only in life threatening necessity. The objective of this study is to evaluate the principals in shariah towards mothers at risk of VTE during pregnancy and puerperium whom will be prescribed porcine base anticoagulant as prophylaxis. Utilizing textual content analysis in this qualitative research, the outcome will clarify the feasibility by al-zikr or ahl al-khibrah in porcine based medication as VTE prophylaxis treatment. This study aimed to purpose a new perspective in delineating the dilemma among Muslim practitioner.

The emergence and perpetuation of a destructive culture in an elite sport in the United Kingdom

Recent inquiries into elite sports in the United Kingdom have unearthed examples of destructive cultures. Yet, earlier research left destructive cultures overlooked. The purpose of this article is to: (1) outline the process of how a destructive organizational culture emerges and perpetuates in one Olympic sport in the United Kingdom, and (2) the features that regulate the process. We combined Action Research and Grounded Theory in a 16-month longitudinal study. The primary data collection strategies were ethnography and 10 focus groups, with athletes, coaches, parents and the national governing body (NGB). Twenty-six individual interviews with stakeholders supplemented these. A destructive culture emerged during radical changes, and antagonism in the power relations between the NGB and stakeholders characterised this process. Denial of responsibility and social weighting neutralised the stigma of perpetuating antagonism. In conclusion, sports organizations should be vigilant of how ignoring and denying antagonism could lead to a destructive culture.

The changing paradigm of property and the framing of regulation as a 'taking'

The past two decades have seen a concerted attempt by landowner groups to shift the paradigm of property rights from a ‘discrete asset’ to a ‘bundle of rights’, and to characterise many restrictions on use rights as a taking of property. Evidence from two recent Commonwealth inquiries into land clearing laws indicates that the reframing of property rights may be affecting the willingness of landowners to tolerate regulatory restrictions on their land use. The arguments advanced by the property rights groups draw on contested concepts from American jurisprudence and scholarship on the ‘Takings Clause’ in the Fifth Amendment to the US Constitution. The arguments are beginning to present themselves in cases arising under section 51(xxxi) of the Australian Constitution.

Technology-Enabled Mental Health Service Reform for Open Arms - Veterans and Families Counselling: Participatory Design Study.

BackgroundThe impact of mental ill-health on every aspect of the lives of a large number of Australian Defence Force (ADF) personnel, their partners, and their families is widely recognized. Recent Senate inquiries have highlighted gaps in service delivery as well as the need for service reform to ensure appropriate care options for individuals who are currently engaged with mental health and support services as well as for those who, for a variety of reasons, have not sought help. To that end, successive Australian governments generally and the Department of Veterans’ Affairs specifically have prioritized veteran-centric reform. Open Arms is an Australia-wide service that provides counseling and support to current and former ADF personnel, and their family members, for mental health conditions.ObjectiveThe aim of this study was to develop and configure a prototypic Web-based platform for Open Arms – Veterans & Families Counselling (formerly Veterans and Veterans Families Counselling Service) with the Open Arms community to enhance the quality of mental health services provided by Open Arms.MethodsThe study aimed to recruit up to 100 people from the Open Arms community (current and former ADF personnel and their families, health professionals, service managers, and administrators) in regions of New South Wales, including Sydney, Canberra, Maitland, Singleton, and Port Stephens. Participants were invited to participate in 4-hour participatory design workshops. A variety of methods were used within the workshops, including prompted discussion, review of working prototypes, creation of descriptive artifacts, and group-based development of user journeys.ResultsSeven participatory design workshops were held, including a total of 49 participants. Participants highlighted that the prototype has the potential to (1) provide the opportunity for greater and better-informed personal choice in relation to options for care based on the level of need and personal preferences; (2) ensure transparency in care by providing the individual with access to all of their personal health information; and (3) improve collaborative care and care continuity by allowing information to be shared securely with current and future providers.ConclusionsOur findings highlight the value of actively engaging stakeholders in participatory design processes for the development and configuration of new technologies.

A Question of Sacrifice: The Deep Structure of Deaths in Police Custody

Deaths in police custody present a set of enduring and troubling puzzles. Why do such deaths seldom result in prosecutions or adequate redress? Why are victims’ families so under-resourced and typically met with a conflicted mix of empathy and hostility? Why do acknowledged problems remain unresolved despite review after review making the same criticisms and seemingly consensual recommendations? Why is the state’s failure to fulfil its duty of care towards those it detains met with public indifference? In this article, I argue that we can shed new light on these questions if we theorize and investigate police power using the metaphor of sacrifice. Thinking about police power through this lens enables us to identify and illuminate a conflict between the liberal rationality that appears to govern responses to custodial deaths and the illiberal values and affects that constitute what I term the deep structure of deaths in police custody. By re-examining reports of recent enquiries into the issue, I outline four recurring elements of this deep structure and show how they clash with surface liberal rationalities. The systemic reduction of custodial death requires, I conclude, that we name and contest the quasi-sacred conception of police authority that holds the police vital to the production of order and control and its agents to require protection when things ‘go wrong’.

An Empirical Assessment of the Sources of Police Job Satisfaction

Dissatisfied workers are at risk for negative occupational behaviors such as job turnover, poor performance, work avoidance, decreased morale among coworkers, and physical or legal liability. Relying heavily on demographic (e.g., sex, race, education) and occupational (e.g., rank, experience, assignment) explanatory factors, early empirical studies failed to effectively model the statistical correlates of police officer job satisfaction. Recent inquiries have found more success in explaining the variation in job satisfaction by examining a variety of work-related attitudes. The current study adds to this burgeoning area of research by assessing the role of internal and external dimensions of the work environment, as well as views of fairness and effectiveness, on the job satisfaction of police officers. Based on survey data from a midsized municipal police department in Florida, the multivariate analysis reveals a number of successful predictors of job satisfaction, especially for those officers with a street-level assignment. A second analysis, based on qualitative coding of open-ended survey questions, finds differences in positive and negative features of the occupation across varying levels of satisfied and dissatisfied respondents. Implications of these findings for police practitioners and researchers are discussed.

Factors Influencing Effectiveness of Online Advertisement towards Consumer Purchase Decision

Today’s Commercial scenario is occupied by online advertisement. Success of a virtual advertisement remains main guiding feature aimed at consumption activities. Recent business people are spending supplementary cost as well as extra time for online commercial. Day by Day technology is getting advanced, people be getting addicted more towards internet, they be in a situation to spent most time in Accessible watching favourites, in instead particular interval tend to see frequent advertisements, explore time in advertisements unknowingly. The clients get attracted in the directions same, without knowledge which fashionable turn changes ofbuydecision. World Wide Web is standard trailer platforms worn by regulars. Total socialmedia usingwiredposteras an important presentation tool aimed to pick up their industry near increase sales. This paper reports on recent enquiry undertaken all over Tamilnadu per a sample size of 150 respondents. A investigation scrutiny was developed situate on the literature study,the question sheet were analysed quantitatively using reliability analysis. The collected data were analysed using Descriptive Analysis, Correlation, Regression as statistical tools.

English as a linguistic resource

With the intensification of globalization and advancement of digital communication, interactions online have gained increasing vitality in our life. Online communication now influences the spread of various languages (e.g., English) and semiotic signs (e.g., emoticons) to many countries, especially for those characterized by Kachru (1986) as belonging to the Expanding Circle (e.g., Japan, China — countries where English is usually practiced as a foreign language). Recent inquiries of digital discourse analysis have researched how English and its features are adopted in countries of the Expanding Circle (e.g., Crystal, 2008; Zhang, 2012). This paper continues to explore the linguistic landscape of English practices online, and specifically focuses on how micro-blogging users in mainland China adopt English as a resource for meaningful multilingual communication.

Leading and following in Australian regional development: Why governance matters

AbstractThis paper explores challenges and opportunities of place‐based regional development leadership in the Australian context. Drawing on primary data from the recent Australian Government Inquiry into Regional Development and Decentralisation, an analysis of narratives from regional development organizations reveals governance tensions grounded in a deep cultural divide between capital cities and the regions collectively known as “Regional Australia.” As regional development organizations describe how State and Federal policy relates to their own diverse regional contexts, they highlight missed opportunities and illustrate how current governance arrangements limit the room to manoeuvre of place‐based regional development leadership.

Lessons from the Financial Crisis and Other Banking Scandals

The Global Financial Crisis (GFC) had dire implications for the UK, creating massive unemployment and years of austerity. This paper looks at the underlying causes of the crisis, together with the reasons why financial regulation in the UK failed to prevent the financial crash. The UK sought to learn the lessons from its failure, and many inquiries, research reports and books have explored the causes and compounding factors. The book “Capital Failure” identified that trust was fundamental to the working of the financial sector, and that the erosion of trust and trustworthy behaviour has had a disastrous effect. Australia escaped relatively unscathed from the GFC, yet recent inquiries into the banking and superannuation sectors have revealed a similar dramatic decline in trustworthiness and ethical standards of behaviour. The article examines how the Australian banking environment evolved, the implication of recent developments including Fintech and Regtech, and what lessons Australia can learn from overseas experience.
 

Chilean Arpilleras: Writing a Visual Culture

This paper highlights a recent inquiry into the contemporary visual culture of the Chilean arpillera from a cross-global perspective. This art form derived from political, social, and economic conditions of the times yet contemporary manifestations do not address these origins. Arpilleras, historically created in the home and sewn by hand, are constructions in which bits of discarded cloth and burlap were used to compose pictorial narratives. The art form arose in Chile during a period of intense political oppression. This manifestation of women’s fiber art has and continues to serve as both seditious and reconstructive forms of visual culture. While the government of Chile has undergone tremendous change since early arpilleras were created in response to atrocities committed by the Pinochet regime in the 1970s and 80s, the original intention and audience of the arpillera has changed as well. As an American traveling to Chile, I was excited to have an opportunity to see these works of art in person. Yet I discovered that the once powerful form of political resistance is no longer created to tell personal stories of oppression or acknowledge the lives of those disappeared and murdered. Rather, contemporary arpilleras (excluding those in museums) display playful images of rural Chilean life and idyllic landscapes. Arpilleras, once a subversive way to communicate to humanitarian organizations outside Chile, are now a bright, colorful commodity packed into suitcases and proudly shared as souvenirs. This robust part of Chilean tourism-sold as wall-hangings and cards, are manufactured by machine in workshops staffed with a predominantly male workforce. In this paper I seek to tease out the ways in which these changes potentially alter the value and impact of arpilleras within visual culture by asking how do these contemporary manifestations reflect the Chilean cultural identity yet ignore it as well?

Cinematography and filmmaking research

This paper offers an overview of a recent practice-led doctoral enquiry which examined lighting techniques used by cinematographers and more widely amongst practitioners working with moving imagery. This research was completed in the Digital Cultures Research Centre at UWE Bristol and funded by the AHRC 3d3 Centre for Doctoral Training. The paper specifically reflects on three strands of enquiry which existed in dialogue with one another, showing how the mutual interaction and reinforcement between scholarly activity, collaborative film production and independent creative experimentation were fundamental to the approach and direction of the research. Amongst a wider contribution, this doctoral research can be seen as methodologically innovative, providing a more detailed first-hand investigation into lighting processes than is currently available by using autoethnographic methods to capture practical knowledge that is deployed in situ during moving image production. The paper discusses this novel use of autoethnography within practice-research and also explains how the resulting evidence was incorporated in the thesis through a layered approach to writing.

Asylum Seeker Children in Nauru: Australia’s International Human Rights Obligations and Operational Realities

Abstract This article examines if Australia’s policy and law regarding asylum seeker and refugee children in Nauru are consistent with its international legal obligations under the terms of the Convention on the Rights of the Child (CRC). Under article 3 of the CRC, Australia is required to consider the best interests of each child within its jurisdiction. It is also bound by the CRC prohibition on arbitrary detention and obligations derived from Convention rights relating to health, education, and family matters. To assess Australia’s law and policy, the article draws on the findings of recent inquiries and reports that examine how detention and conditions at the processing centre and in the community in Nauru have impacted on the mental and physical well-being of children. The article highlights gaps in the implementation of Convention rights and draws together the findings and recommendations made in recent reports to assist in the development of suitable solutions. It concludes that Australia’s treatment of asylum seeker and refugee children violates key obligations under the CRC and that, accordingly, Australia should remove these children from Nauru and settle them in Australia.