Conceptual Framework and the Importance of Prudence

Question: Examine about the Conceptual Framework and the Importance of Prudence. Answer: Presentation System is required to be created and sorted out before continuing for any work. In this way, in the work or procedure of bookkeeping likewise system is required and it is known by the name of Conceptual structure. It gives the stage to the organization on which the organization readies the books of record for every single exchange that has taken or will be taken and from there on a similar will be recorded. The structure so created has been made accessible with the legal compliances that the organization needs to do. Legal compliances incorporates the consistence with the arrangements of the Corporations Act 2001, with the arrangements of the significant and pertinent bookkeeping and inspecting principles and any consistence that are required to be made as per any law for now in power. The primary point of the investigation is to characterize the significance of the applied structure in the bookkeeping and introduction of the fiscal reports. How far the idea of reasonability has influenced the theoretical system of bookkeeping and there by how the introduction of the fiscal reports and other report have been influenced. The report has been set up with the assistance of the yearly report of the organization Woolworths Limited. It is the organization enrolled in Australia and recorded in the Australian Stock Exchange. The organization manages all the items that are required by the clients in their day by day life and have chain of stores working in Australia and New Zealand. Through the investigation of yearly report of the organization the report has been readied. From the outset the report has been begun with the presentation specifying the fundamental point of the investigation and the structure of the paper to be followed. At that point the reasonable structures alongside the reasonability have been talked about. At that point the equivalent have been talked about in detail as per various boundaries featured in the yearly report. After the investigation, the examination has been finished with the closing passage. Applied Framework and Prudence So as to do any sort of work, spread out is required. With no spread out in the event that the work is done, at that point a similar will be done in indiscriminate way like as any development action taken by the temporary worker without realizing what is required to be built and where and by what time. Along these lines, the structure assumes exceptionally essential job in the finish of any sort of work in the ideal way. The structure is for the most part clarified in two classes. It might be hypothetical or commonsense. For bookkeeping the two sorts of structure are given by the laws and rules of the nation in which the business is working (Anastasia, 2015 and Capital Markets Advisory Committee Meeting, 2013). It is alluded by the name of Conceptual Framework of bookkeeping. Theoretical structure of bookkeeping is the format of bookkeeping which gives the way and the manner by which the bookkeeping is required to be finished keeping in thought the necessities of different laws, rule s, guidelines and the applicable rules. It is alluded to as the medium which manages the estimation of benefits and liabilities and the best possible and satisfactory acknowledgment of the pay and costs for the revealing time frame. Further the body made by the Government of Australia as setters of Accounting Standards has helped the bookkeepers of the organization to set up the books of records. It will additionally offer the monetary expressions valuable for the organization by following the three qualities to be specific steadfast portrayal, unwavering quality and significance. Reliable Representation implies that the budget reports of the organization will speak to the situation and the presentation of the organization in steadfast way. Unwavering quality is alluded to put center around the reality of having the solid budget summaries that ought to be unbiased and liberated from any inclination. Pertinence is alluded to put center around the reality of having that data that is exceptionally helpful for the clients of the budget reports (IASB, 2010 and Weiss, 2014). Reasonability is the idea in bookkeeping which conceives that the bookkeeping will be made in evident and reasonable way with no predisposition. The idea of has begun in the structure of bookkeeping the time of nineteen hundred and eighty nine. At the earliest reference point of the idea, reasonability has been as the level of alert utilized while setting up the budget reports in making gauges for bookkeeping primarily in the state of lack of bias. The equivalent has been condemned by numerous individuals expressing that the idea has been presented with the end goal of modest representation of the truth of net resources just and the net benefit. In the time of 2,000 and ten, in the idea of calculated system of the bookkeeping, no reference have been made to idea of reasonability wilt in a suggested way or a communicated way. However, in the year 2,000 and fifteen the idea of reasonability has been remembered for the applied system of bookkeeping and is characterized as to not downpla y the liabilities and cost and not to exaggerate the benefits and livelihoods. The explanation behind consideration is that the clients of the budget summaries and other have begun contending that the fiscal summaries so arranged as per the calculated system isn't judicious on the grounds that it isn't impartial (Cooper, 2015). Year 1989 Concept of Prudence is incorporated Year 2010 No reference to the idea of judiciousness Year 2015 Re presentation of the idea of judiciousness Examination of The Annual Report For making the examination concerning whether the organizations are following the applied system of the organization or not, the organization Woolworths Limited has been chosen. The organization is occupied with the retail segment which gives the food items as well as different items which in required in the day by day needs and in this manner viewed as the organization having the biggest general store chain Australia and across New Zealand. The yearly report of the organization for the year 2016 has been thought of and has been broke down as per the accompanying boundaries: Compensation Report: In the beginning of the legal report of the chiefs enumerating the Remuneration report and presentation has been referenced from the People Policy Committee (PPC). In this it has been point by point that PPC has attempted the extensive update of the structure of the compensation keeping in thought the pulled together technique and structure of the association. It has additionally referenced that the prize results to be paid to the Key Managerial staff, bunch official council and senior administrators have been straightforwardly connected to the exhibition of the business. This will implement the way of life of responsibility and the dependability in by and large association which will assist the organization with having accomplishment in the long haul. The compensation comprises of two sections. One is fixed which incorporates the essential compensation, superannuation and the vehicle recompense and second is variable which incorporates the bit which relies upon the presentation of the organizations. Because of this the KMPs and different officials may have chosen to build the turnover of the organization or increment the winning per portion of the organization. This shows the KMPs get the personal circumstance conduct and will in general control the budget reports of the organization. Inventories have been esteemed at cost and net feasible whichever is lower. It has been referenced that out of $4558.50 million, $447.80 million have been esteemed at Net Realizable Value. In this way, the inventories have not been exaggerated. Exchange Receivables These are perceived at first at the reasonable worth and from that point toward the finish of each these are checked for the impedance and whenever affirmed then the debilitation is reserved and these are perceived at reasonable worth less the disability. In this way, accounts receivables are additionally not exaggerated. Property, Plant and Equipment The property plant and hardware have been estimated at cost of benefit loess the sum put in a safe spot for deterioration and sum relating to the impedance misfortune. Devaluation has been determined utilizing the straight line strategy and that too as per the evaluated valuable existence of a benefit. Toward the finish of consistently the organization amends the helpful existence of a benefit and there are the odds that the deterioration cost might be taken at lower worth and consequently influencing the benefit. Immaterial Assets Intangible resource with the limited lives are estimated at cost less measure of amortization determined based on the straight line technique, for example, Victorian gaming qualifications, client connections and property creating rights. Generosity is the overabundance sum paid for the obtaining of other organization and is perceived. From that point, it is estimated at cost less the measure of any impedance misfortune whenever affirmed after the checking of the worth. This shows the elusive resources are esteemed at right worth and there has been no exaggeration of advantages for distort the fiscal reports of the organization. It portrays that the organization has followed theoretical structure of bookkeeping and that too with judiciousness. End and Recommendation The idea of reasonability assumes crucial job in the planning of the budget summaries. The idea has given the route through which the officials of the organization will be at alert while setting up the books of records and coming about budget reports. In the report, the premise of applied structure has been clarified and the explanation of re consideration of the idea of judiciousness has been nitty gritty alongside the verifiable improvements of the equivalent. For deciding the significance of theoretical structure and judiciousness Woolworths Limited has been chosen and its yearly report has been broke down through various boundaries expressing whether the organization has conformed to the equivalent or not. To close, the report has accompanied significant advise

character plot death of a sales men :: essays research papers

Willy Loman is the primary character and hero of the play. He has been a voyaging sales rep, the most reduced of positions, for the Wagner Company for thirty-four years. Never fruitful in deals, Willy has earned a small salary and possesses pretty much nothing. His cooler, his vehicle, and his home are on the whole old - spent and self-destructing, much like Willy. Willy, in any case, can't confront reality with regards to himself. He messes with himself into accepting that he is popular with his clients in the New England domain and by the organization, who makes certain to give him an advancement or chance to make more pay. Willy's fantasy is to become like Dave Singleman, who was extremely famous with his customers and ready to work together by simply making calls. Since he was so popular, when Singleman passed on, clients from all over his locale went to his burial service. Willy sets out to accept that his memorial service will be like Singleman's. Unexpectedly, when Willy ends it all, basically nobody goes to the burial service, demonstrating the mistake of his ways of thinking. For an amazing duration, Willy accepted that on the off chance that one was alluring and popular, everything would be great. The entryways would naturally open for such a man, and he made certain to be fruitful. So as to accept that he and his family are victories, Willy deceives himself and lives in a universe of fantasies. He says of himself that he is popular in all the towns he visits and by all the clients that he approaches; he additionally incorrectly accepts that he is indispensable to the New England region and will some time or another get an advancement for his difficult work. He even misleads himself, and afterward his chief, about the amount he really gains. Since he needs to demonstrate to himself that he is popular, Willy has at any rate one illicit relationship, pulling in the young lady by offering to buy her a couple of silk stockings. At the point when Biff finds his dad in the lodging with the lady, he sees the truth about Willy and considers him a liar and a phony. Willy additionally lives in a universe of fantasies about his two children. He is persuaded that Happy is a substance, effective youngster who will before long become a senior supervisor. In truth, Happy is a washout, similar to his dad, who lives in his own universe of dreams and adds to keeping Willy in his dreams.

Essay Writing Tips For Writing an Essay About Yourself

Essay Writing Tips For Writing an Essay About YourselfThere are many websites and articles that offer sample essays on writing an essay about myself. There are some nice samples, but many of them are way over the top and tend to give the writer a sense of desperation. This is because essay writing is not an easy task.You can find all kinds of sources for essays. You can choose which of these samples will work best for you. When I started writing my first essay, I had no idea where to start or how to write an essay.Essays tend to be long, so people who want to write essays have to be prepared for a lot of research and writing. If they really want to write one, they will be taking some time to read up on essay writing. They also have to make sure that they can finish it before a deadline. There are ways to help with this.Many essays are written in the first person. If you are not comfortable with the first-person form, it is okay to switch to a second person. The goal is to get the inf ormation across in the simplest form possible. If you feel it is better to use the third person, you can start off with a first and then switch to a second.This technique is also useful when writing essays about yourself. Instead of writing about your life, it would be a good idea to write about yourself. The first person might seem odd at first, but you should learn to adjust to it.It's a good idea to practice your essay when reading other people's essays. Read several different essays. You can either do this online or you can take some time out of your day to do it.One last tip for writing essays about yourself is to think of your essay as a living entity. Don't assume that it is going to be written the same way that everyone else writes theirs. Just go with what feels right.As long as you stick to your plans, you should be able to get through writing an essay about yourself. If you have any questions or problems, just ask someone that is already writing one. They may be able to h elp you with a problem or suggest something that you may not know.

American Genesis By Alden T. Vaughan - 1270 Words

In the book American Genesis by Alden T. Vaughan, Vaughan explains in detail Captain John Smith’s life, in order to inform the reader of his journeys throughout his invigorating lifestyle. Vaughan’s book inspires one to feel adventurous, just as John Smith once was. Throughout his many journeys and experiences, the good, the bad, and the ugly; John Smith was a hero to many. Like many of his contemporaries, too, Smith carried for the rest of his life the era’s taste for adventure and achievement. â€Å"Elizabethan England knew both† of those characteristics grew wild in John Smiths imagination. â€Å"The outside world of England held wonders too vast to comprehend.†, and that is why Queen Elizabeth sent Captain John Smith, among others to explore the world that they were so curious about. Although in 1606 Smith was the youngest among the leaders of England’s first success colonizing expedition, â€Å"Smith was also the most traveled, the most experienced, and the most educated.† Smith had fought more battles, endured more hardships, and seen more strange lands and exotic people than any of his companions. Furthermore, that is why Captain John Smith was the right leader for the colony of Jamestown, which will come later. â€Å"In 1606, John Smith boarded a ship at Blackwall, London. By nightfall most of the other passengers and crewmen had crowded into the hundred-ton flagship Susan Constant.† This would be the journey for England to begin their expedition to America, more specifically

Separation of Powers in Australia - Free Essay Example

Sample details Pages: 6 Words: 1684 Downloads: 3 Date added: 2017/06/26 Category Politics Essay Tags: Australia Essay Did you like this example? 1. Explain the Doctrine of the Separation of Powers and how it operates in Australia. (350 words) The doctrine of the separation of powers is a political system used in Australia, where the institutions of government are divided into three main branches. Don’t waste time! Our writers will create an original "Separation of Powers in Australia" essay for you Create order These include the executive, legislative, and judicial(Greenfeld, 2012). The legislature includes the parliament that is responsible of making the laws of the country. The executive includes the ministries that are responsible of putting the laws made by the legislature into operation. The judiciary, which made up of the courts, is responsible of giving interpretation to the laws. The doctrine of separation of powers is usually said to be a cornerstone to fair governance.in Australia, this doctrine is puts together the uncomplicated democratic concepts that are part of the Westminster system, the version of power separation of United States, and the responsible government doctrine. Separation of powers has been a highly complicated issue in Australia due to the fact that it has not been totally described where the ultimate power lies within the political system of Australia. It has been difficult to argue out whether there is an overlap between the different branches of the doctrine of separation of power in Australia, although between these different branches, there is a visible common ground. In Victorian Stevedoring General Contracting Co Pty Ltd Meakes v Dignan, the high court ruled that it was not practical to have a division that is strict between the executive and the legislature; hence re-affirming this to be outlined in the constitution(Carney, 2000).Little distinction exists between the Australian legislature and executive as seen in the above case.Members of the executive of Australia are actually members of the Parliament. The Governor-general is responsible of appointing the executive and judge of the high court, yet he is part of the Parliament(Greenfeld, 2012). From the Australian constitution, section 64 provides that the members of the executive who are federal ministers must be part of the parliament(Carney, 2000). This establishes a clear connection between the legislature and the executive, hence eliminating the total separation of the e xecutive and legislature as seen in the American system. TheAustraliansystem of separation of powers stipulates thatthe political branches are not supposed to interrupt judicial activities. 2. Is there a true separation of powers between the institutions of government in Australia? (350 words) The separation of powers phenomenon between the Australian institutions of government is not clear. There is no true separation between the executive and legislature. This means that there is no true separation between the institutions of government. This is evident with the fact that the members of the executive must be members of the Parliament. On the other hand, the federal judiciary of Australia has strictly protected its independence from the legislature and the executive. This means that in the case of the judiciary, there is a true separation with the other branches of government.New South Wales v Commonwealth Wheat case in 1915, the high court came up with a decision that strict protection of the power of the judiciary was very fundamental in the constitution(Greenfeld, 2012). This protection was to be granted to commissions and tribunals that were formed by the legislature. This protection goes both ways where the political branches are not to interfere with the work of the judiciary, and at the same time, the judiciary should not interfere with the legislature and executive. Some people will argue their case that the fact that the judges of the high court are selected by the Governor-General, who is a member of the executive; there is still no true separation of the judiciary and the other two branches. This is because the leadership of the judiciary is totally affected by the executive that nominated the judges, and at the same time, the executive member that selected the high court judges is part of the legislative. Where the power lies within the Australian system has been a controversial issue for a long while. The effect brought about by the stro ng party discipline has led to the executive dominating the legislative. There is a visible overlap of the legislative and executive branches in the above case hence there is no true separation between the two branches. Comparing the American phenomenon of separation of power and the Australian phenomenon, one may find that the Australian separation of power is not as strict as the American separation of power. In the American system, the legislative is totally different from the executive unlike in Australia. 3. Choose another country (either a common law or civil law jurisdiction) to explain how the Doctrine of the Separation of Powers operates in that other country compared to Australia. (800 words ) The doctrine of the separation of powers in the United States of America is quite different from the Australian case, hence my choice of comparison to the Australian doctrine.In America, the legislative, judicial and executive branches of government are very distinct from each other. This is to prevent the abuse of power, and hence the philosophy of separation of power was very crucial in the formulating of the constitution of United States(Hunter-Schulz, 2005). The separation of power that is administered in America is closely associated to checks and balances system. Regarding the American legislative power, the congress is the branch of government that has sole power to do legislation duties. the non-delegation doctrine does not allow the congress to give its responsibility of law making to any other branch of government. This is different from the Australian case where the law makers are part of the executive. The executive branch in the USA is conferred, with qualifications and exceptions in the president. Section 2 of the American Constitution states that the President is the Commander in chief of the Navy and the Army, with a responsibility of appointing people into office and making treaties on behalf of the nation(Spindler, 2000). The presi dent is also supposed to receive public Ministers and ambassadors with the Senateà ¢Ã¢â€š ¬Ã¢â€ž ¢s consent, and also make sure that the laws of the nation are executed faithfully. This means the president is required by the constitution to enforce the laws personally, but through subordinates. The congress may terminate appointments done by the president and in addition, the president executes whatever that is given to him by congress(Spindler, 2000). From the above explanation, the American doctrine of separation of power is very clear between the executive that includes the president, and the legislature that includes the congress(Spindler, 2000). This is a completely different scenario in Australia where the constitution totally links the executive to the legislature. As seen in the American perspective, the executive is not part of the legislature as is the case in Australia. The duties of the two branches are completely distinct in the American phenomenon. In addition, there is a lot of control of power in the American scenario since the ultimate objective of each branch of government is to check the power of the other branches(Hunter-Schulz, 2005). Even the presidentà ¢Ã¢â€š ¬Ã¢â€ž ¢s power is greatly checked by the congress since he is no supposed to do anything without the consent of the congress.in Australia, the political parties greatly determine the decisions of the executive since it is through parties that the executive members get into leadership. The power of the judicial branch of the American government is more or less similar to that of the Australian government. It has the power to interprete the law in addition to deciding cases. the power of the judiciary is completely differentiated from the rest of the branches just like in the case of the Australia(Hunter-Schulz, 2005). In America, the executive is responsible of appointing the judges of the judges but under the consent of the senate. This is quite similar to the Australian judic iary where the judges are also selected by the executive. A case where an overlap of government branches of legislature and judiciary is in legislative courts formed by the Congress. On the contrary, there is no overlap because the legislative courts do not have a responsibility of exercising the judicial power. The work of the legislative court is the adjudication of questions regarding public rights. It is clear that the American constitution has gone a long way in ensuring that one branch of the government does not delegate its duties to another branch of government as it may, at times, be the case of the legislative and executive branches of the Australian government. The big argument in the Australian separation of power regarding where power lies is not the case in the American phenomenon. Equality of the executive, judiciary, and the legislature is what the constitution of America stipulates. Although in some cases, for instance, at the time when the republican governme nt is in power, the legislature is usually dominates(Gerangelos, 2009). It is a shared view between America and Australia that historically, the judiciary has always been seen as the weakest branch as compared to the legislative and executive. The fact that the judges that work in the judiciary are selected by another branch, which is the executive, proves that the judiciary may be weaker than the other two branches(Greenfeld, 2012). It is safe to conclude that the doctrine of separation of powers in the Australian system is quite different from the American system due to the difference in the system of governance. The judiciary in both scenarios has its seclusion from the other two branches although at the end of the day it may be portrayed as the weakest of the three government branches. References Carney, G. (2000). Separation of Powers in the Westminster System. Australasian Study of Parliament Group, 1-8. Gerangelos, P. (2009). THE SEPARATION OF POWERS AND LEGISLATIVE INTERFERENCE IN JUDICIAL PROCESS. CONSTITUTIONAL PRINCIPLES AND LIMITATIONS, 862-865. Greenfeld, M. (2012). THE ASYMMETRY OF THE SEPARATION OF POWERS. The Western Australian Jurist, 233-245. Hunter-Schulz, T. (2005). Rule of law, separation of powers and judicial decision making in Australia. The National Legal Eagle, 1-6. Spindler, G. (2000). Separation of Powers: Doctrine and Practice. Retrieved May 6, 2014, from Parliament of New South Wales: https://www.parliament.nsw.gov.au/prod/parlment/publications.nsf/key/SeparationofPowers

Legal Framework Supporting Inclusive Education - 1632 Words

2.2 LEGAL FRAMEWORK SUPPORTING INCLUSIVE EDUCATION. The International Year of Disabled Persons in 1981 and the United Nations Decade of Disabled People 1983-1992 led to major breakthroughs globally in the recognition of the rights of PWDs and in realization of international policies/framework to protect those rights. One of these rights is the right to education. This right is enshrined and reasserted in various international documents . The Statement and Framework for Action from the World Conference on Special Needs Education (UNESCO 1994) states that â€Å"schools should seek to accommodate all children, regardless of their physical, intellectual, emotional, social, linguistic or other conditions.† (UNESCO, 1994, p.6). This study draws its†¦show more content†¦Following its ratification of The International Convention on the Rights of Persons with Disability and The Convention on the Rights of the Child, Kenya is expected to have and implement policies that promote inclusive education. In 2003, the Government of Kenya enacted the Persons with Disabilities Act. The Act provides as follows: a. Section 18: No person or a learning institution shall deny admission to a person with disability and learning institutions shall take into account special needs of persons with disabilities. b. Section 21: Persons with disabilities are entitled to have a barrier-free environment to enable them to have access to buildings, roads and other social amenities, and assistive devices and other equipment to promote their mobility. c. Section 22 (1): Proprietors shall adapt public buildings to suit persons with disabilities. Article 54 of The Constitution of Kenya makes access to inclusive education by PWDs a constitutional right. This article appreciates the challenges faced by PWDs in accessing education and therefore requires educational institutions to modify their facilities to ensure inclusion of and greater access to learners with disabilities. The Draft Special Needs Education Policy seeks to address issues of equity and improvement of the learning environment inShow MoreRelatedChild Care Level 31643 Words   |  7 Pages The evidence I have collate includes the information on compliance with legal requirements , meeting needs and supporting rights of the children, working in a team with other professional’s, working with families, training and development, inclusive practice/ attitudes and values, positive environment and care of themselves( the practitioner). When practitioner are caring for children they will need to meet the legal requirements could include legislation such as human rights act 1998,uncrcRead MoreAnalysing Problems with the Implementation of Inclusive Education Policies in India Using Multiple Governance Framework8714 Words   |  35 Pagesimplementation of inclusive education policies in India using Multiple Governance Framework DRAFT Monika Nangia EGPA Conference, 7-10 September, 2010, Toulouse France EGPA Permanent Study group XIII on Public Policy Analyzing implementation in the age of governance 2 Analysing problems with the implementation of inclusive education policies in India using Multiple Governance Framework Monika Nangia Abstract Reflecting its deep commitment to universalizing access to and completion of elementary education of satisfactoryRead MoreDeveloping A Unified Un Country Team1619 Words   |  7 Pagesthe UN system to address various issues pertaining to the field of development assistance. With this framework, different UN organizations can associate with the government of the nations to nurture the effectiveness. â€Å"Deliver as one† focuses on the outcomes of the contribution through reforms in order to set up a unified UN country team with one programme, one leader, one budget, one office framework. Though there are constraints related to the resource constraints experienced by the government partnersRead MoreCache Level 3 Award, Level 3 Certificate and Level 3 Diploma in Child Care and Education15197 Words   |  61 PagesChild Care and Education  © CACHE 2008 Except as allowed by law, or where specified in the text, no part of this publication may be reproduced or transmitted in any form or by any means without prior permission from the Council for Awards in Childrens Care and Education. Published in Great Britain by CACHE Second edition 2008 Third edition 2008 Book Code 500/888/7/V1 Book Code 500/888/7/V3 Publication date September 2008 Publisher Council for Awards in Childrens Care and Education Telephone 0845Read MoreThe Theory Of The Change Theory1400 Words   |  6 Pageswith prior students of ITCCC. Phase 2 aligns with the willingness of preceptor and Dean of Nursing to approve â€Å"Enhancing Nursing Education Through Simulation.† Additionally, ITCCC has the resources and motivation to implement the MH restraint HFS, which is the progressive change objective. The Head of MH Nursing, preceptor, will be the lead change agent for supporting and promoting the new simulation. Already the change agent has contacted administration and simulation technician to initiate collaborationRead MoreImmigration And Illegal Immigration1106 Words   |  5 Pages Ruszczyk, 2014). 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During the ten years that I have worked in primary education inclusivity has played an increasingly important part when considering how the curriculum can be delivered and how a classroom can be managed to ensure that it is accessed byRead MoreApproaches to Inclusion5803 Words   |  24 Pagesthe purpose of this report, the researcher will use the term ‘Children with Special Educational Needs’ to refer to the above groups. The researcher will provide a critical awareness on how theoretical models have changed ways of thinking about inclusive practice and the implications of this on legislation and policy making. 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You get the feeling, in college theyRead MoreRegulatory Bodies and Current Leglislations for Setting Up a Home Base Childcare Setting1999 Words   |  8 PagesAssignment Task 1 Regulatory bodies and current legislations OFSTED Ofsted is the office for standards in Education, childrens services and skills. They make sure that people achieve excellence in care of children and young people. Ofsted assess children services in local areas and inspect services for looked after children , safeguarding and child protection. Ofsteds job is to check places that young people and children are looked after and the people who look after children and young people

The Controversy On Treatment For Insomnia free essay sample

I cant sleep; I lay their awake for hours at time, my workday just drag on without being able to accomplish my work in a timely manor. My boss doesnt know and the lack of sleep is going to get me a poor review. I want to go out tonight but I’m just too tired, I need to sleep. This is the effect of insomnia, statements like these cause people to search out a solution to the problem. Some will turn prescription drugs others will turn to therapy to find the answer that will work for them. Insomnia is a condition that can cause serious problem in all areas of life not limiting it to only work related performance. Prescription drugs come with complications that result in unwanted side effects. Prescription Drugs and Cognitive Behavioral Therapy, both can treat insomnia, finding out which one is better creates a controversy for anyone seeking relief from insomnia. Cognitive Behavioral Therapy treatment finds and targets to cure the issues, which created insomnia in the first place. Insomnia can be caused from more than one problem. It can be medical from disease or physiological problems, and sometimes it can be both. Prescription drugs can assist in a good nights rest, but it only treats the symptoms. Leaving the cause of insomnia behind for possible rebound insomnia. Cognitive Behavioral Therapy the best way for insomnia to be treated; it may not be the fastest but it is more effective treatment due to resolving the root cause. Insomnia can affect anyone; all who are affected by it are not always able to carry out everyday tasked due to lack of sleep. Insomnia will stop some people from participating in regular activities and social events. Insomnia is a sleep disorder making it difficult initiating or maintaining sleep, waking up too early, non-restorative sleep, or sleep difficulty despite appropriate opportunities  for sleep (ONS Connect, 2011). This is not a simple disorder because insomnia can have more than one cause. That would be considered a secondary insomnia: also called comorbid insomnia, this type of insomnia is attributed to a medical condition (ONS Connect, 2011). To get a handle on this issue many turn to prescription drugs, which may be a quick fix. The drugs may assist with sleep, but may not be the cure; drugs can only treat the symptom. This can leave the sufferer taking prescription drugs to sleep for a long time; prescriptions can be a quick fix for any kind of symptom. For insomnia it is not different. One of the popular prescribed drugs today is Zolpidem. It has reached the top of the list due to its effect of introducing sleep for insomniacs. Most patients do well on this medication, which is reflected in the studies that have been conducted. Zolpidem is prescribed for people who are suffering from insomnia. This prescription drug purpose is to assist patients with getting the sleep they need. There is no secondary use listed its sole purpose is to induce sleep. The drug is taken for calming or sleep inducing. Its main use is to be given to those who have insomnia assisting them with what ever is preventing them from falling asleep or sleeping the whole night through. To give further define the use of the prescription drug Zolpiderm it is a sedative hypnotic that binds selectively at the benzoliazene site (Kleykamp, B. , 2012). Zolpiderm use can be prescribed without any limitation. Zolpiderm has no treatment duration limit (Kleykamp, B. , 2012). With the sedative people have gained the sleep they need to function everyday. Of course side effects need to be monitored, incase they cause some problems for the patient. The primary and only function for Zolpiderm is sleep inducing. The medication does need some trail and error for any particular patient so the dosage will be correct. This can take a few weeks for complete satisfaction and there are some down falls from the medication. Zolpidem has some small side effect issues that is according to the Journal from Human Psychopharmacology: Clinical Experimental written by Otmani (2008). The journal states no effects on next morning psychomotor or driving performance were observed except that the decline in memory recall after zolpidem was more pronounced in the next day. No pharmacokinetic interactions were found (Otmani, 2008). This drug seems to be safe, however one may encounter memory issues, not everyone is able to take this drug. Some have experienced not such a great outcome after trying Zolpidem. In another study that was conduct we see there were side effects that showed up, Otmani might have had a great run for his trial as stated above. On the other side most prescription drugs have side effects, which show up, they may be low but they are still present. The drug Zolpidem has been blamed for about 4% of patients discontinued because of an adverse event; the most common of these events included daytime drowsiness, dizziness/vertigo, amnesia, nausea, headache and vomiting (Yang, L. , 2012). The side effects may not be so alarming as in the numbers, but having the issue with just one can be difficult to handle. Zolpidem maybe a wonderful drug to some to some people. Others it is not so wonderful, however prescription drugs are not the only treatment for insomnia. Drugs may treat the symptom, but the side effects could be a problem. Patients using Zolpidem have to take into the considerations of all the side effects of the medication. For some people major problems have arisen with the use of Zolpidem, they are real alarming. Even though Zolpidem doesnt have a duration limit there are withdrawal symptoms that can occur. The Journal Of Substance Use published an article written by Chia-Chang Chien. Chien listed the side effects from withdrawals due to the use of Zolpidem. Those withdrawals not limited to but included rebound insomnia; the report covered five cases, which presented withdrawal problems after high doses of Zolpidem. The withdrawal problems were delirium, seizure, acute psychosis, and orofacial dyskinesia complications (Chien, C. , 2011). The side effects listed are a little shocking from reading above only a small percentage of participants dropped out because of side effects. Using sleep-enhancing prescription drugs needs to be done with caution of possible harmful side effects. The drug may have helped people get the rest needed, but was it worth risking all the side effects possible. Chiens article did site five cases where horrible side effects did happen. All five cases had originally started out with normal small dosage of Zolpidem. After liking the effect of the drug they began seeking a stronger dosage on their own. They visited different doctors and different clinics to obtain the higher dosages they desired. All had suffered from either depression disorder an anxiety disorder along with insomnia. Not one of the cases had a past of substance abuse before the withdrawal problems from Zolpidem. The drug may induce sleep, but at higher dosages addiction type behavior has occurred. Up until this point, the descriptive research being reviewed for this paper, the side effects were not noted as possible alarming problems. As someone who has suffered from insomnia and have taken prescription drugs to be able to sleep the whole night, it shocked me when I read some of the information and warnings concerning Zolpidem. I was not aware of the side effects list when I took the prescription although if I was I would of turned it down. I had high hopes Zolpidem would not have a long list of problems, but unfortunately it comes with a long list of warnings. The warnings that are listed below do come directly from the patient information. They like many prescription drugs are scary when you realize what you are taking. From YOUR MEDICATION INFORMATION: Zolpidem extended release (generic)/AMBIEN CR (BRAND) 2011, under warnings: Worsening of insomnia or the emergence of new thinking or abnormal behavior tell your doctor reports of sleep-driving and other complex behaviors often with out memory of the event. some people may experience memory loss â€Å"Under Dependence: Taking sleep medicine regularly for a longer than a few weeks or at high doses can cause dependence in some people Zolpidem has no time duration limit! Then there is Withdrawal In mild cases, they include abdominal and muscle cramps, vomiting, sweating, shakiness and rarely, seizures. Rebound insomnia may also occur when medicines are first stopped (YOUR MEDICATION INFORMATION 2011) The above are only small portions quoted there is way too much information to list them all. I was sadden to see so much listed, I thought Zolpidem was something that could assist people where they did not have worry or have great concern about the side effects. Another kind of treatment for insomnia is Psychology, which can play a great role in curing insomnia. Research has been done to treat patients with finding that psychology Cognitive Behavioral Therapy will not only work to cure insomnia, but for depression and anxiety also. According to the Psychology: The Human Puzzle Cognitivism provides explanations for behavior based on our ability to symbolize, to uncover cause-and-effect relationships, to determine what goes with what, and to anticipate the consequences of our actions: (LeFrancois, G. , 2011). When one is not able to sleep and suffers from insomnia we have to look at what is the real cause of the insomnia. Cognitive Behavioral Therapy will do just that, opening up to the deep down thing that is the real cause for insomnia, Psychology can become the answer. From studies along the lines for Cognitive Behavior Therapy the answers are revealed. One of the top reasons for insomnia is depression; Cognitive Behavior Therapy (CBT-I) for insomnia can be combined together with treatment for depression. One of the studies conducted and is noted in the Journal of Clinical Psychology looked into CBT-I. The research for this provides a collective findings provide further evidence for the bidirectional relationship between insomnia and non-sleep depressive symptoms that interventions targeting insomnia can have direct effects on depressive symptoms (Wagley, J. , 2013). Being able to conquer two issues with one treatment strengthen the reason for CBT-I. A conclusion to limit CBT-I to treating only two issues would be putting limitations on how successful it can be. The CBT-I sessions for treatments assist with more than insomnia and depression as we seen above. The developmental psychologist takes a deeper look to include insomnia within the CBT-I treatment for insomnia to find studies including anxiety. It is becoming a well-known fact that CBT-I can treat many disorders such as worry, anxiety, and depression (ONS Connect, 2011) which can all be related to the source of insomnia. CBT-I does not have limits on what it can do; only limit is how much a person will give into sessions they take. To limit the problems that society faces CBT-I is one of the best ways to start and complete treatment. To create the basics on how therapy can work, studies to treat the insomnia used a treatment plan that included; a sleep journal, sleep hygiene regimen and several sessions of therapy. (Maroti, D. , 2011) CBT-I starts with the basics to rid one of inadequate thoughts or ideas about sleep. Blaming daytime problems on the lack of quality sleep can stop an insomniac from being able to sleep, because they can start to over think the shortcomings of the day. General cognitive errors, including overgeneralization, rumination, and magnification. High anxiety regarding sleep that often emerges with the start of bedtime activities (Ebben, M., 2012). Cognitive speaking if we can make someones thoughts better sleep habits will improve and insomnia will start to disappear. However, the cure is not always easy to say change what you are thinking about when you go to sleep. Someone who is really suffering from insomnia may not be able to shut his or her mind off when it is time to sleep. It goes back to the saying it is easier said then done. The major controversy of therapy verse use of medication is time. Some people dont want to take the time to do therapy sessions or dont want to take sleep-enhancing drugs to sleep through the night. No mater which one a person chooses the end results need to come out the same, a full nights sleep. Insomnia, horrible to suffer from, a solution must be found and it needs to be a good fit. Answering the controversy of therapy verse medication can be difficult for anyone to decide. Getting to the defining cause may take some time to assist with sleeping through the night completely. Time is something the American public always seems to run short on; the demands of everyday life can create so much anxiety for anyone. The treatments for CBT-I secessions will be different for every patient. One study was done that ran the CBT-I for six months with results of about 75% having good results (Jarnefelt, H. , 2012). This study was conducted without the use of sleep enhancing medications. Patients were able to sleep and have complete solid nights sleep, without the worry of medication side effects and wake time issues. The root cause of insomnia can be resolved without use of drugs. While CBT-I can be the best way to resolve insomnia it does not come without some work and of course commitment to complete the full therapy. As research has continued looking into the CBT-I, it is easy to see why some people are reluctant to use this method. From reading a Journal of Clinical Psychology, addressed the appropriateness of using CBT-I. The journal article titled From Bedside Back to Bench? , looked into how effective the therapy is. The journal did point out the effectiveness of the CBT-I depends greatly on the patient in session attendance, sleep diary records, retrospective questionnaires (Kyle, S. D. , 2013). If the commitment were not there a patient would have difficulty in achieving the goal of not having to deal with insomnia. Although this set back for having a solution for insomnia sufferers it is not something that could cause medical issues for any said patient. Just as discussed above CBT-I has had a possible set back due to a patients lack of commitment, its a negative point, but it does not outweigh the good. Patients who are committed to CBT-I treatment can come to complete resolution resulting in a cure. As the article Comparative effectiveness of cognitive behavioral therapy for insomnia: a systematic review, points out the sessions can be short as 6-8 weeks (Mitchell, M. D., 2012). Also noted in this article was the good that came from the CBT-I treatment, especially when looking at prescription drugs. This is considered a positive effect for CBT-I due to not having a need for prescription drugs; it does not turn into a long-term dependency. Patients may not stay committed to the therapy, but those who do will have good success without having long-term prescription drug usage. Indeed, while prescription drugs come with complications and the results in unwanted side effects, and CBT-I has a time commitment both can treat insomnia. Finding out which one is better does create a controversy for anyone seeking relief from insomnia. In detailing out all the analysis of the findings for this paper has been an eye opening experience. From the viewpoint as someone who is studying to become a psychologist of course CBT-I would be the way I would want this paper to end. When starting the study on Zolpidem I thought this might be something of great to use with it being so popular, so many physicians are prescribing it; it has to be really useful. For insomniacs maybe it is a great quick fix, but after the descriptive research involving the archives I quickly changed my mind. The side effects of Zolpidem were just too much to overcome and be able to say Zolpidem is a safe choice. CBT-I has won to controversy for me. I cant sleep; I lay their awake for hours at a time waiting for sleep. People look all the time for a quick fix to every problem that comes into their life. With insomniacs it is no different, relief from not being able to have good night rest; which is in high demand for those who suffer from insomnia. Looking at CBT-I can turn people away because of the commitment to the treatment. It is true what you put into it will be what you get out of it. Insomnia is better treated with CBT-I because there is no problem with memory loss, no prescription drugs to be taken, only some homework for sleep hygiene and a sleep journal. CBT-I treats more than insomnia; it is not limited on what it can cure. Sessions do not need to drag on for years, usually for insomnia can be short-term lasting only a couple months. CBT-I will also cover more than just insomnia where Zolpidem is limited to only treating insomnia CBT-I can treat anxiety and depression all at once. CBT-I may not be the fastest, but it is the more effective treatment due to resolving the root cause.

The Power Of One By Ernest Hemmingway Essays - Ernest Hemingway

The Power of One by Ernest Hemmingway Throughout the world, there are many diverse cultures, each of these distinct cultures have different backgrounds, rituals and practices. These cultures have a profound effect on the minds of their inhabitants. It's a person's culture which effects their thoughts, beliefs and their outlook upon life. It doesn't matter where you are from or where you go to, you always have a piece of your culture with you wherever you are. It is your cultural heritage's and background which molds your mind, and your thoughts of how you perceive the world around you. In every culture different aspects of the society are viewed differently. Some cultures share similarities with other cultures about how they view things. In many cultures sports plays a key role in the society, and many times the whole community is based around the sports. No matter where you are from, sports will always play a role in the society. Many times in literature you can tell where the setting is or where the author is from by t he way the community or society in the literature view sports. If you look at the literature that authors produce and where they are from, you will notice a common trend in all of their work. The cultural heritage of the writer affects the perspective in which they write from or about. The cultural heritage affects the writers perspective in many different ways, among them are stereotypes and the setting of the story and the everyday activities that the character go through. Two prime examples of how an authors cultural heritage affects the perspective that they write from is the South African author Bryce Courtenay and the American author Ernest Hemingway. Bryce Courtenay was born and raised in South Africa and received his early education there. He spend the majority of his adolescent life in South Africa and in his final year in Africa he spent it in the copper mines of Central Africa, before he moved to England to complete his education.1 Courtenay spent his early life in Africa, and the African culture had a profound affect him. His time in the copper mines also had a penetrating effect on him and it is visible in his writing, when he wrote about the mines in Africa. In the book The Power of One, Courtenay writes form the perspective of a young British boy in South Africa which shows how cultural heritages affects the writers perspective. It is apparent that the prejudices had a astonishing affect on Courtenay, especially with the hatred between the Boers, Blacks and the British. Because of the hatred going on in South Africa at the time of his growing up and even today, you can sense a tone of racism in his writing. "Please, Meneer, he hates kaffirs (blacks) just like you."2 Frequently in the book the black are referred to kaffirs and other derogatory terms. Through the years, because of wars and other disagreements the Boers have come to hate the British, and vice versa and the Blacks in southern Africa have always been hated ever since the white Europeans arrived. This hatred started between the British and the Boers when the British first came to Africa during the slave trade. The Boers from Europe, had migrated to Africa for freedom, freedom of religion and of the prejudices that they faced in Europe. There was peace between the British and the Boers until the Boer republics were found to be rich in diamonds and gold. Fortune hunters, mostly British, poured in to stake claims,3 which belonged to the Boers. That is when the tension increased. Soon after was the Boer War, and since then there has been a great amount of tension and hatred between the British and the Boers. "...he stopped halfway down the alley and shouted in Afrikaans, 'I'll get you back for this, you rooinek (redneck, a derogatory term for the English) bastard.'"4 Time and time again in the book you can feel the tension and hatred between each of the groups in South Africa. Another area of his culture that is present in the book The Power Of One is that of sports. There all

The impact of Burmese pythons on Floridas native biodiversity

The impact of Burmese pythons on Floridas native biodiversity Literature Review Southern Florida is famous for its subtropical climate and warmth. Although the region has developed a lot in recent years, there is still enough land left to accommodate thousands of animals and plants. Historically, Southern Florida has been home to diverse native species but lately, it has been invaded by native species that are proving hard to control (Carmichael Williams, 2006).Advertising We will write a custom report sample on The impact of Burmese pythons on Floridas native biodiversity specifically for you for only $16.05 $11/page Learn More In the last few years, Python molurus bivittatus, popularly known as the Burmese python, has gained a lot of attention in Southern Florida. Managing the python’s population has proved futile and although its population is not supported well by existing scientific studies, so far more than 1,000 pythons have already been isolated from this region (Barker Barker, 2008). Burmese pythons a re mainly known to inhabit mangroves, lowlands, subtropical and tropical habitants within an area of 1200 meters. The pythons are overly dependent on bodies of water and wetlands and this remains by far their single most limiting factor (Baker Baker, 2008). Hundreds of native wildlife species have found a home in Florida’s Everglades National Park. In addition, the non-native Burmese pythons, which now scientists claim are a danger to native species, have established themselves in the national park. For the first time, scientists have undertaken a detailed analysis with a view to determining how the Burmese pythons could impact on a number of endangered native birds in Florida. They are also determined to assess the avian component of the Burmese python’s diet. Records show that the Burmese pythons moved to the Everglades from its native Southeast Asia region in 1979 (Baker Baker, 2008). Over the years, the species has increased in number and it is now estimated that there are tens of thousands of Burmese pythons in the region. Scientists from the South Florida Natural Resource Center, the Smithsonian institute and the University of Florida have undertaken studies to assess the predation behavior of the Burmese pythons on birds in the area. According to the findings, birds make up about 25 percent of the Burmese python’s diet. These birds include the endangered species as well (Dove et al, 2011, p. 127). Dove et al further contends that since the birds had not evolved in tandem with the Burmese python as a predator, in this respect, the python poses a great danger to the pollution of native birds within the region.Advertising Looking for report on biology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Between 2003 and 2008, a total of 343 Burmese python were collected by scientist in Everglades National Park. In their studies, the revealed that the intestinal tracts of eighty five of t he collected Burmese pythons contained bird remains. Using the collection specimen of bone fragments and feathers from the Smithsonian institute, the study identified more than 25 species of birds (Dove et al, 2011). Some of the varieties of birds revealed by the study include the limpkin and little blue heron. The two species are endangered. The study also identified the remains of another endangered species- the wood stork. The Burmese python is a real threat to conservation and control efforts because of its high reproduction rate. In addition, it consumes different species of birds and also tends to live longer (Dove et al, 2011, p. 127). The widespread and rapid invasion that characterizes the Burmese python is also believed to have been caused by its ability to adapt to diverse habitats, ability to move long distances, as well as a broader dietary preference (Snow et al, 2007). In comparison with the hatchlings of native species, those of the Burmese python tend to be much lar ger. They are also less susceptible to attacks by predators. Consequently, they can effectively compete with other predators for habitat, space, and food (Gibbons, 2011). There is a looming danger following the release of the pythons in the region since it is able to thrive in the Everglades, with its undisturbed and vast habitats. Although a larger population of the Burmese python is thought to occupy the ENP area, they have also been found to occupy more remote and new locations (Harvey et al, 2011). As competitors and predators, Burmese pythons remain a great threat to the wildlife within the South Florida region. A rising wild population of the Burmese pythons can cause great ecological problems in the region and also hinder efforts to successfully conserve the wildlife in the greater Everglades. Because Burmese pythons are excellent swimmers there is a growing concern that they could invade the Florida Keys area that is known to be biologically vulnerable. The dietary habits of the Burmese python also pose danger to indigo snakes as they compete for food. The federal and state governments have both identified this particular species as endangered (Reed, 2005, p. 256). There are also concerns that the human safety could be at risk. Although there lacks evidence to show that the species hunt humans, nonetheless, a number of Burmese python owners are believed to have been killed by these skins while in captive. There is also the danger that large Burmese snakes may stretch across the roads, thereby endangering the lives of motorists.Advertising We will write a custom report sample on The impact of Burmese pythons on Floridas native biodiversity specifically for you for only $16.05 $11/page Learn More Reference List Barker, D. G., Barker, T. M. (2008).The Distribution of the Burmese python, Python molurus bivittatus. Bull. Chicago Herp. Soc, 43(3):33–38. Carmichael, P., Williams, W. (2006). Floridas Fabulous Reptiles and Amp hibians.  Tenth edition. Hawaiian Gardens, CA: World Publications. Dove, C.J., Snow, R.W., Rochford, M.R., Mazzotti, F. J. (2011). Birds consumed by the invasive Burmese python (Python molurus bivittatus) in Everglades National Park, Florida, USA. Wilson J. Ornithol. 123(1):126-131. Gibbons, J. (2011). Invasive Burmese pythons are taking a toll on Florida’s native birds. Web. Harvey, R. G., Brien, M. L., Cherkiss, M., Dorcas, M., Rochford, M., Snow, R. W., Mazzoti, F. J. (2008). Burmese pythons in South Florida: scientific support for invasive species management. Retrieved from University of Florida Institute of Food and Agricultural Sciences website: http://edis.ifas.ufl.edu/uw286 Reed, R. N. (2005). An ecological risk assessment of nonnative boas and pythons as potentially invasive species in the United States. Risk Analysis, 25(3):753-7. Snow, R. W., Brien, M. L., Cherkiss, M. S., Wilkins, L., Mazzotti, F. J. (2007). Dietary habits of Burmese python, Python molurus bi vittatus, from Everglades National Park, Florida. Herpetological Bulletin, 101:5-7.Advertising Looking for report on biology? Let's see if we can help you! Get your first paper with 15% OFF Learn More

Term project Essay Example | Topics and Well Written Essays - 500 words

Term project - Essay Example Having done all of this, we adjusted the highway in accordance with the circumstances. Procedure: At the first, we set up the overall site of which the highway had to go over. Having done with the site work, we started to set up the highway. The first highway had only straight lines with no curves at all. Therefore, we had to bring in some curves in the highway. Having done with that, we started to set up the highway’s vertical alignment. However, there was a problem in the structure of the highway as at one particular point, the highway had to go through a piece of land. Moreover, at one point, there had to be a piece of land placed below the highway. We must include in the report that we had to remove the soil from the point where the high way needed to go through in order to fill the empty space under the high way. Discussion: We have to consider many issues when designing the highway and include all of them in the report. For example, traction is one of the main issues. We have to make the curves of the road on an incline in order to offer good traction. This means that there must be an incline for every curve on the highway. Apart from this, another issue is the two sections of the highway in which soil needs to be removed to fill the empty space under the highway. It will not only offer a good level of stability for the highway but also will lower the cost for making the highway strong. Conclusion: To sum it up, we had to set up a terrain for this project and then had to make a vertical, as well as a horizontal alignment of a highway on that particular terrain. Therefore, we had to adjust the highway by considering the potential obstacles and issues. Such problems include strength of the highway, traction, and the financial

Human Behaviour in Organisations Essay Example | Topics and Well Written Essays - 1000 words

Human Behaviour in Organisations - Essay Example Transactional leaders differ from transformational leaders, in the fact that they do not seek to transform the future. The aim of the transactional leader is to preserve the extant state of affairs (Odumeru & Ogbonna, 2013, p. 358). Transactional leadership is of great value in addressing crisis and emergency situations, and in completing projects in some specific manner. The Trait Theory of Leadership presumes the presence of inherited traits among people, and that some of these traits are especially suited to leadership. Effective leaders possess specific characteristics, and great leaders have certain common personality traits. This theory attempts to identify the physical, mental, and personality features associated with successful leadership (Chartered Technofunctional Institute, 2013). For several years, the trait theory had been ignored and it had been assumed that situational and learned factors were of greater significance than inherited traits among individuals accomplishing leadership roles. Subsequently, behavioral genetics has emphasized that genes and inherited traits have a significant effect on the individual (Warrilow, 2014). It is this writer’s opinion that leaders are made and not born. Upon assuming that leaders are born, most of their children would have become great leaders. This does not transpire. Hence, leaders are crafted by the situation and not hereditary. It has been concluded by researchers that successful leadership emerges from the interaction between the situation and the characteristics of the leader. This interaction has been regarded as the key to understanding leadership, in conjunction with the crucial situational and trait variables (Fleenor, 2006, p. 832). In the contemporary business world, it is essential for a company to possess the creative ability.  

Experiential Focusing Techniques in Counselling

Experiential Focusing Techniques in Counselling Katrina Quaye (kate) What wants my attention now?   Focusing is a unique skill discovered by Gene Gendlin. Working with  Carl Rogers back in the 1960’s, research was done as to why some people have success in therapy and others do not. A very interesting result emerged; those who progressed and benefitted most from therapy were the ones who took some time to reflect, when asked a question they seemed to sense something within themselves and an answer would begin to emerge. Over time Gendlin discovered what became know as the ‘felt sense’. This is a sense that we all have but often it is operating unbeknown to us. This sense, sometimes called a bodily sense, can teach us much about ourselves and also our relationship with others and the world around us. It is a way of listening to our bodies with compassion, without judgement, and something that moved me most of all â€Å"gentleness’. Enhancement of knowledge There are six basic steps to learn in focusing. To begin with we are taught to go through the process, step by step, learning these steps well, by sitting down and quietly going ‘inside’ our body. Once these steps are learnt thoroughly the process can flow with greater ease, quickly accessing our felt sense and going with it. This can be done taking a walk, doing the dishes, driving to work, with continuous practice our body will always be there guiding us. Clearing the space, if someone is not quite in the moment, different thoughts, things to do list going through their mind, it is best to take a moment to clear a space inside. This can be done quite well in a short amount of time by asking the client in their mind to wrap up each concern on the list and placing it in an imaginary basket, not forcing each concern but in a clear friendly manner. This can also be done with a background feeling of being tense, anxious, whatever the feeling maybe to set it aside for the time being. Not forcing, but inviting it to stand aside for some time. Gendlin would often take half an hour for this process with clients. Although it may be done in a much shorter amount of time, five to ten minutes. This would allow for a longer session with the felt sense. One then checks back with the self, that you are feeling clearer to start. So now we can choose something to work on. One may already have an issue they want to work on, in which case one can check with the body if this is okay to work with. Alternatively one may see if there is something that needs their attention now. Often the sense is felt in the throat, chest or abdomen area. One of the key words in focusing is gently, gently say hello to the sense, checking if it is okay to be with it. Gendlin said ‘it is best to be next to the sense, like a friend sitting on a park bench wanting to have a conversation’. We don’t need to become immersed in the sense, just to be next to it. Like a sensitive baby animal we need to be gentle with the sense. Cornell (A. W. Cornell. pg.18) mentions, ‘Focusing is like being a friend to your own inner experience’. You may bring such qualities of friendship as curiosity, respect, empathy, warmth, compassion, letting it know that you are there to listen and listening with these qualities. Now we have said hello and acknowledged it is there, we can begin to describe the felt sense, it may start with a feeling of tightness in the chest, we acknowledge this, then we can ask ’how does this tightness feel’ we are checking back with this word to see that it captures it well. We are now resonating back and forth with the word or image, we don’t need to rush this process. Like a friend who wants to share something that is important to them, they don’t like to feel rushed. We are sitting next to this felt sense, as Genlin (Gendlin pg 57-58) explains, ‘ the felt sense is more than an emotion, with an emotion we know what it is, angry, sad, joyful, but with the felt sense we say I can feel it right there, but i don’t know what it is’. A felt sense contains a maze of meanings, we need to allow the sense time to form. That tightness may develop as anger, but within that anger can come a sense of the whole situation, what led up to that anger, how one is involved, it may for example show you scenes from childhood where you felt angry towards your parent for not understanding or listening to you. The felt sense can give a very complete form of understanding that will be more than just the anger. We now have words and or images we can work with that through checking would fit with the sense. We now come to sense from â€Å"its† view, what it wants us to know. I am letting ‘it’ know, I hear it, or sense it, welcoming it, it knows where it wants to or needs to go, we are listening not forcing or trying to work out whats happening, but allowing the process to unfold. Ending. It is important to ask if there is more that needs to come or shall we end here. It is important to thank the felt sense, to re-assure it that if need be I will be back. If we can develop a trusting relationship that when we say we will return, that we do so, the felt sense will be re-assured. The more we do this the more it will work with us. I will write a brief summary of my own personal experience using Focusing over a number of weeks. Having a quiet place I went inside of myself and sensed a feeling around my heart area. Gradually words like unappreciated, unloved emerged, I was listening to these words seeing if they were the ones. Yes they were. An image of a heart with a wooden dagger stabbed through it emerged, thick deep red blood was slowly oozing out. I was able to sit with this image for sometime, it was very strong, after sometime I needed to finish. Afterward I felt extremely heavy, it was hard to even continue with my daily tasks. The next day I came back to Focusing, realizing that I hadn’t finished off the process properly, mainly because after some time it seemed too much for me. I went back inside and the image was still there, I sat with it and came to understand the experiences I had been through that brought about this image. I needed to be more caring of myself. I asked it the question of how would it feel like if the difficulty wasn’t there. This brought forth an abundant response of joy and happiness, something like fire works were going off in celebration. I felt very light as if a big shift had taken place. Over the next two weeks I went back in to see what was there. I had an image of myself as a young four year old, the feelings of being unheard came up, need to do things perfectly, as mentioned above it takes in a blend of the situation not just an emotional feeling, but a deeper sense of what it was like to be that young child. I was being shown what it was like and by my acknowledging this allowing the whole of it to come out. There was a shift where those strong feelings seemed to melt away. Enhancement of Understanding Greater understanding of myself has come about through Focusing. Other peers and companions have said the same of their experiences when focusing; if one is to gain continuing benefits it is important to keep with the practice. There are certain attitudes that can help the process. Focusing is a very gentle process, approaching it with the wisdom of not knowing is very beneficial, as Cornell (pg21) says, ‘Why would you listen to someone if you think you already know what they have to say.’ The feeling of respect and wanting to know what the sense has to say is of the utmost importance. We need to ‘let go of what we know, to bring an attitude of open, friendly, interested, non judgmental curiosity to our experience†. (Silverston, pg. 2). We need to come to trust the felt sense that it will led us where we need to go. Sometimes along the way it may seem to be taking many detours. Sometimes it is trying to give us a broader understanding, showing various images or certain words. In some ways it is like being an investigator being excited or curious to find out what lies within. We are not taking sides, leaving one part shut out, not wanting something to be heard or acknowledged, we are not excluding any part of ourselves. We are listening to each part and gradually integrating each part of the self. â€Å"When we listen to a place inside that hurts, for instance, the quality of our presence is not the usual one of fixing or trying to make it feel better. Rather, we are willing to let it be exactly as it is†. (Wilson Van der Kooy, pg 1.) This attitude can be a huge relief for many, its okay to be as you are, allowing whatever is there to come up, to recognize and acknowledge it. As Gendlin (year?) said, â€Å"Every ‘bad’ feeling is potential energy toward a more right way of being, if you give it the space to move toward its rightness.† Enhancement of Self Awareness All of the above leads to greater self awareness. Coming to know what is going on inside of oneself. As many decisions need to be made in ones life, the building up of this awareness which can bring about greater confidence, is of huge benefit. I find in my own life if there is a lot happening around me I connect to that inner part which seems stable and able to help me keep centered. For those I have worked with there has been similar feed back, they are connecting to that inner part and making clearer judgements. This is an invaluable skill that can be used for myself in every day life, a skill that can be passed onto my clients, something that the therapist doesn’t control, people can learn this and then use it for the rest of their lives without having to go to the therapist all the time. Bibliography Cornell, Ann Weiser. Focusing In Safety And Trust. The Power of Focusing: A Practical Guide to Emotional Self-healing. Oakland, CA: New Harbinger Publications, 1996. 18. Print.Cornell, Ann Weiser. What Is Focusing? The Power of Focusing: A Practical Guide to Emotional Self-healing. Oakland, CA: New Harbinger Publications, 1996. 6. Print. Gendlin, Eugene T. The Crucial Bodily Attention. Focusing-oriented Psychotherapy: A Manual of the Experiential Method. New York: Guilford, 1996. 57 58. Print. Cornell, Ann Weiser. Focusing in Safety and Trust. The Power of Focusing: A Practical Guide to Emotional Self-healing. Oakland, CA: New Harbinger Publications, 1996. 21. Print. Focusing as a doorway for spiritual growth. Wilson Van der Kooy, pg 1. Steve Silverton Page 2. How to think like a poet and make better decisions Question or Assessment Task: COP116 3000 Word Essay

Analysis of the Television Show The Simpsons Essay -- The Simpsons Car

Analysis of the Television Show The Simpsons The specific children’s series that I will be discussing is entitled â€Å"The Simpson’s†. The main characters consist of Homer, Marge, Lisa, Bart, and Maggie Simpson. They reside in a town called Springfield, one that is typical of an American suburb. Some other characters which appear on a regular basis are Mr. Burns, the owner of the Springfield chemical plant, his assistant Weiland Smithers, the Flanders family, which resides right next door to the Simpson’s, and principal Skinner. He is the head administrator of the elementary school that Bart and Lisa attend. The episode that I would like to evaluate is one, which consists of two parts. This episode’s main focus is the accidental discovery of oil, by the elementary school’s groundskeeper Wily. He came upon it when burying a dead rat that was a classroom pet. At first the school administrators were going to use their newfound wealth to promote educational programs for their students. They held a â€Å"suggestions† seminar and carefully listened to some students who were trying to promote some of their ideas on how the schools money should be spent, including the Lisa Simpson. She wanted to have jazz lessons implemented. This episodes main educational goal was to promote the idea of children expanding their knowledge. It actually seemed as though the television program was highly in favor of teaching viewers the value of a good education. I believe that the makers of the program were not trying to target an audience of children under twelve years of age, but viewers attending high school as well. The episodes first part was clearly devoted to promoting the fact that schools should utilize â€Å"extra† money to start new types of courses, that should take into consideration a students opinion in order for these new types programs to go over well with those attending the school in question. However, this positive aspect of the episode quickly disappeared and introduced such negative concepts as greed, aggression and hate. Mr. Burns, the chemical plant owner, caused this. He found a devious way of connecting a mile long tube from his new plant called â€Å"Slant drilling† to the elementary school. This tube was placed acute angle, which allowed him to steal the schools newly found wealth. At this point, I believe that the episode held the audience’s attention by allo... ... part of one’s life, their behavior drastically changes, which in effect allows their level of distress to become reduced (Sdorow, 624). The characters in the aforementioned program all seemed to want to justify violence; this was coined deindiviluation by psychologists. The group members become less aware of their individual behavior and even less concerned about social evaluation (Sdorow, 645). This episode, in my opinion, can be integrated into psychology as well as sociology courses. It is a great example of how people forget about the basic good of humanity when agitated and backed by others who share the same opinion. ON an elementary school level, teachers can have students act out better solutions among schoolmates. There can be a cast of Simpson’s characters being played by elementary school children, and an actual play can be shown, entitled â€Å"The Remaking of Part 2†. (The â€Å"real† ending to the Simpson’s episode? The shooter ended up being Bart and Lisa’s baby sister, Maggie. Maybe In the â€Å"remaking† they should have her sucking on a lollypop, and not pointing a gun.) BIBLIOGRAPHY Sdorow, Lester M. Psychology. 3rd ed. Madison: Brown and Benchmark, 1995

Constitutional Recognition of Indigenous Australians Essay

Introduction During the 2010 Federal election, both major political parties campaigned on indigenous affairs. Following the ALP’s victory, Prime Minister Gillard established an independent Expert Panel to â€Å"to investigate how to give effect to constitutional recognition of Aboriginal and Torres Strait Islander peoples. † Two schools of thought have dominated the national conversation of how this should be achieved. One view is that an amendment to the preamble of the constitution will provide safe and symbolic recognition. The alternative view is that more substantive reform is required to secure equality before the law. On January 16 2012, the Panel presented the Prime Minister their report and proposed five amendments to the Commonwealth Constitution. This paper will evaluate the five proposals and the reasons offered by the Panel. Each amendment will be analysed on its symbolic significance and potential legal ramifications. Finally this paper will conclude on how to best give Indigenous Australians recognition within the constitution. Constitutional Recognition For the panel, constitutional recognition of Indigenous Australians means removing provisions in the Constitution that contemplate racial discrimination. Whether intended or not, the five proposals address the broader issues of racial discrimination and equality before the law within the Commonwealth Constitution. Repealing section 25 In its report, the Panel indicates that 97. 5% of all submissions approve of repealing section 25. Section 25 reads: For the purposes of the last section, if by the law of any State all persons of any race are disqualified from voting at elections for the more numerous House of the Parliament of the State, then, in reckoning the number of the people of the State or of the Commonwealth, persons of that race resident in that State shall not be counted. On face value, section 25 appears racist as it contemplates States excluding voters on the grounds of race. This interpretation has been affirmed by Chief Justice Gibbs in McKinlays’s case (1975). Section 25 must be read with section 24 to ascertain the real intention of the framers. Section 24 specifies that the number of lower house representatives is determined by dividing the total number of people of the Commonwealth by twice the number of senators and then dividing the population of each state by that quota. Therefore, by racially excluding voters the numerical input of the State’s population is reduced; the State’s federal representation decreases and discriminatory states forgo greater federal representation. Although section 25 was intended to penalise racially discriminatory states, a State was able to enact discriminatory legislation by drafting laws that did not disenfranchise ‘all’ members of a racial group. For instance, New South Wales denied certain classes of indigenous people the right to vote. The panel states that this proposal is ‘technically and legally sound’. Many constitutional commentators agree but there is a small minority who have identified possible legal consequences. In 1980, Justice Dean included section 25 as a provision guaranteeing the right to vote. The right to vote is not constitutionally entrenched. Parliament has authority to determine the electoral process pursuant to section 30. It is unclear whether the High Court would find legislation that disqualified people of certain races from voting invalid because of the section 7 words ‘directly chosen by the people’ and section 24. Theoretically, it may be argued that section 25 should not be removed until the right to vote is constitutionally entrenched. However, this view is highly unorthodox and section 25 should be repealed. Repealing section 51 (XXIV) Section 51(xxvi) authorises the Commonwealth to make laws with respect to â€Å"the people of any race for whom it is deemed necessary to make special laws†. The Panel recommends removing section 51(xxvi) as it contemplates discrimination against Aboriginal and Torres Strait Islander peoples. In Koowarta v Bjelke-Petersen, the Aboriginal Land Fund Commission was denied purchasing Pastoral property from the Crown. The Queensland Minister for Lands reasoned that ‘the government did not view favourable proposals to acquire large areas of land for development by Aborigines in isolation’. Koowarta argued that the Minister was in breach of sections 9 and 12 of the Racial Discrimination Act 1975 (Cth). Joh Bjelke-Petersen challenged the constitutional validity of the Racial Discrimination Act 1975 (Cth). The Premier argued that s51(xxvi) ‘does not confer power to make laws which apply to all races’. A majority of the High Court found that sections 9 and 12 of the Racial Discrimination Act 1975 were invalid pursuant to s 51 (xxvi). The Hindmarsh Island Bridge case illustrates parliament’s ability to enact adversely discriminatory laws in relation to race. The case concerned whether the Hindmarsh Island Bridge Act 1997 (Cth) could remove rights which the plaintiffs enjoyed under the Aboriginal and Torres Strait Islander Heritage Protection Act 1986 (Cth). The Ngarrindjeri women argued that the races power only allowed parliament to pass laws that are for the benefit of a particular race. The Commonwealth argued that there were no limits to the power. The High Court found that as the Heritage Protection Act was validly enacted under s 51(xxvi), the same head of power could support a whole or partial repeal. The High Court was divided on whether S 51(xxvi) could only be used for the advancement or benefit of a racial group. In his judgement, Justice Kirby found that section 51 (xxvi) ‘does not extend to the enactment of laws detrimental to or discriminatory against, the people of any race (including the Aboriginal race) by reference to their race’. Justices Gummow and Hayne said that there was no basis for reading s51(xxvi) as not permitting adverse discrimination. In summary, Kartinyeri v The Commonwealth did not confirm that laws enacted under section 51 (xxvi) must be beneficial. Since then, it has generally been accepted that s 51 (xxvi) gives the Commonwealth power to discriminate either in favour or against members of a particular race. The removal of S51 (xxvi) would be a significant symbolic gesture to Indigenous Australians as they are the only group to whom section 51(xxvi) laws have been enacted. Not all laws passed under s 51 (xxvi) have been adversely discriminatory. In Commonwealth v Tasmania (The Tasmanian Dam Case), sections 8 and 11 of The World Heritage Properties Conservation Act 1983 (Cth) were held to be constitutionally valid pursuant to s 51 (xxvi). As a result, the Franklin River Hydroelectric Dam could not be constructed in a place considered spiritually significant by Aboriginal people. A repeal of section 51 (xxvi) might not invalidate the World Heritage Properties Conservation Act. Other powers, specifically the external affairs power in s51 (xxix), would support this legislation under the principle of dual characterisation. Other beneficial legislation may not be supported under the same principle. In Western Australia v The Commonwealth, the court found The Native Title Act 1993 (Cth) constitutionally valid pursuant to section 51 (xxvi). The court did not find it necessary to consider any other heads of power. Australia’s endorsement of the UN Deceleration on the Rights of Indigenous People may provide scope to support the Native Title Act 1993 (Cth) under the external affairs power. However, it seems reckless to gamble with legislation that establishes a framework for the protection and recognition of native title. Repealing section 51 (xxvi) will also limit the Commonwealth’s ability to pass new laws for the advancement of Indigenous Australians. For these reasons, the Panel proposes that the repeal of section 51 (xxvi) must be accompanied by a new head of power with respect to Indigenous Australians. Inserting section 51A The preamble to S51A is the first recommendation which actually addresses the important contributions of Indigenous Australians. Section 51A also allows the Commonwealth to makes laws with respect to Aboriginal and Torres Strait Islanders. Similar to section 51(xxvi), the power contained within section 51A is not subject to any conditions. This is somewhat of a double edged sword. All laws currently passed under section 51 (xxvi) have only been enacted with respect to Indigenous Australians. As the power is not subject to any restriction, all legislation pursuant to section 51 (xxvi) would most likely be supported by section 51A. Alternatively, section 51A could be used to enact legislation that is adversely discriminatory. The Panel states that the preamble which acknowledges ‘the need to secure the advancement of Aboriginal and Torres Strait Islander peoples’ will mitigate this risk. However, a preamble is only used to resolve an ambiguity within a text. The power to make laws with respect to Aboriginal and Torres Strait Islander peoples is not particularly ambiguous. The Panel’s predicts laws passed pursuant to s 51A would be assessed on whether they broadly benefit the group concerned. The actual word used is ‘advancement’ which would be interpreted differently to ‘benefit’. Furthermore, the High Court is not always ready to embrace a value judgement such as one based ‘benefit’. Credit should be given to the Panel for this proposal. The preamble to Section 51A constitutionally recognises the history, culture and contributions of Indigenous Australians. The new head of power will likely ensure that current legislation pursuant to section 51 (xxvi) will continue to operate. Section 51A also removes parliament’s power to enact laws with regards to a person’s race. This proposal addresses the apartheid nature of our constitution. However, Section 51A is not the white knight which was hoped for. It will be the courts who decide whether this new power is ambiguous. If Section 51A is found to be ambiguous, the courts will have significant discretion in interpreting the meaning of â€Å"advancement†. To overcome these issues, the panel has recommended that a racial non-discrimination provision (S116A) be added to the constitution. Inserting section 116A There are both policy and legal issues concerning section 116A. Firstly, Australia has a history of avoiding constitutional entrenchments of rights. The proposed anti-discrimination provision only protects racial groups. Section 116A may be viewed as privileging anti-racial discrimination over anti-sex discrimination or anti-homophobic discrimination. The first legal consideration is which groups will be protected by section 116A. Jewish people are recognized as an ethnic group but Muslims are not. It is uncertain whether Muslims would receive the same protection as Jews. Furthermore, would a person who converted to Judaism receive identical protection as a person who was born Jewish? The second legal issue is how Section 116A will affect existing state and commonwealth anti-discrimination legislation. For example, Anti-discrimination state law authorise discrimination in the employment of actors for reasons of ‘authenticity’. In addition, sections 12 and 15 of the Racial Discrimination Act 1975 (Cth) permits people to discriminate when they are searching for someone to share or work with in their home. Once again, it will be for the court to decide if these provisions are constitutionally invalid. The panel has affirmed that S116A (2) will support laws enacted under s 51 (xxvi) and section 51A. Like section 51A, section 116A could be interpreted by the courts in ways that were not intended. The courts will have significant discretion in determining what â€Å"is for the purpose of overcoming disadvantage†. An important issue for the Indigenous community is the Northern Territory Intervention. In Wurridjal v Commonwealth, the high court upheld the government’s partial repeal of the Racial Discrimination Act under the race powers. The court also upheld the Northern Territory National Emergency Response Act pursuant to section 51 (xxix). Due to the principle of dual characterisation, it is unlikely that S116A will provide an avenue for Indigenous people to contest the intervention. S116A is probably the most controversial recommendation as it concerns equality before the law. This issue is probably better dealt with by an expert panel assessing a Bill of Rights. To achieve a similar result, the panel could propose that section 51A has an accompanying provision similar to 116A(2). Insert section 127A. Section 127A is a provision which recognises Indigenous languages as the original language of Australia. A separate language provision is necessary to capture the importance of traditional languages within Indigenous culture. Section 127A also acknowledges that English is the national language of Australia. The Panel rejected a submission suggesting ‘all Australian citizens shall have the freedom to speak, maintain and transmit the language of their choice’. The Panel did not want to give rise to legal challenges regarding the right to deal with government in languages other than English. It is unclear what practical consequence would flow from s127A. Section 127A could be used to secure funding for Indigenous languages on the grounds of ‘national heritage’. Nonetheless, the Panel does not intend for this provision to give rise to new legal rights. S127A is symbolically important and is an appropriate way of constitutionally recognising Indigenous Australians. Summary of analysis This analysis concludes that the five proposals put forward by the panel appropriately balance substantive reform and symbolic significance. As a result, the Panel should be congratulated. If the Panel’s goal was to remove overtly racist tones within the Australian Constitution then they have succeeded. If the panels objective was to definitively correct the wrongs of Kartinyeri v Commonwealth and the Northern Territory Intervention then they have failed. The amendments proposed do not sufficiently address racial discriminatory acts passed under other heads of power. Section 116A(2) has been perceived as a tasteful reformulation of the races power. Furthermore, the proposals provides the courts substantial discretion in interpreting terms such as â€Å"overcoming disadvantage†, â€Å"advancement† and â€Å"group†. In essence, the most important issue does not concern symbolic change or substantive reform. It is simply a question of which proposals will gain bipartisan support. Conclusion The panel’s proposals could succeed at referendum. Firstly, Australians are more likely to support something substantive than purely symbolic. Secondly, this is not an issue which would be perceived as a ‘politicians’ proposal. Australians are hesitant to support proposals perceived as self-serving. Thirdly, the Panel indicates that its proposals are capable of being supported by an overwhelming majority of Australians. Nonetheless, to succeed at referendum, the support from the Federal opposition government and all State governments is essential. It is very easy, and sometimes attractive, for the federal Opposition to oppose a referendum. It can be a useful way of generating a negative public reaction to the government and its agenda. Since 2010, the Coalition has fought the government on nearly every political issue. Even when the parties agree in principle, they have different ways of solving the issue. For example, both parties are for off-shore processing of illegal immigrants but disagree on where and how it should be done. Both parties are committed to recognising Indigenous Australians within the constitution. So far, the LNP has said it will consider substantive reform but has only committed to preambular recognition. The Panel not only recommends substantive reform but also addresses racial equality before the law. It is very uncertain whether the LNP will support a policy so different to their 2010 election promise. The next federal election is only 18 months away. If the referendum and election are held concurrently, there is more incentive for the Coalition to oppose the Panel’s recommendation. It would be disastrous for the nation if the referendum fails. The ‘gap’ will swell and the international community will view Australia as a nation of racists. It could be argued that the Government should have appointed a bipartisan panel rather than an independent panel. A bipartisan panel may not have produced ‘better’ recommendations to those of the Panel. They would, however, have generated proposals that both parties would stand behind. Bibliography * ABC Television, ‘Asylum seeker stand-off intensifies’, The Midday Report, 20 December 2011. < http://www.abc. net. au/news/2011-12-20/bowen-seeks-bipartisan-meeting-on-offshore-processing/3739984> at 29 April 2012. * Aboriginal and Torres Strait Islander Social Justice Commissioner, ‘Declaration on the Rights of Indigenous Peoples, Australian Human Rights Commission’, . * Kerr, Christian, ‘Libs baulk on referendum support’, The Australian, 30 January 2012 < http://www. theaustralian. com. au/national-affairs/indigenous/libs-baulk-on-referendum-support/story-fn9hm1pm-1226256684571>. * Keyzer, Patrick, Principles of Australian Constitutional Law (LexisNexis Butterworths, Australia: 3rd ed, 2010). * Kildea, Paul, ‘More than mere symbolism’, Australian Financial Review, 10 February 2012. * Kirby, Michael, Constitutional Law and Indigenous Australians: Challenge for a Parched Continent, Law Council of Australia, Old Parliament House, Canberra, Friday 22 July 2011 Discussion Forum ‘Constitutional Change: Recognition or Substantive Rights? ’. * Law Council of Australia, Constitutional Recognition of Indigenous Australians Discussion Paper, 19 March 2011. * LexisNexis AU, Halsbury’s Laws of Australia, (at April 2012), ’90 Constitutional Law’ [90. 1620]. * McHugh, Michael, Australian Constitutional Landmarks (Cambridge University Press, Cambridge, 2003). * McQuire, Amy, ‘Constitutional reform report sparks mixed reviews’, Tracker, 19 January 2012. * Morris, Shireen, ‘Agreement-making: the need for democratic principles, individual rights and equal opportunities in Indigenous Australia’ (2011) 36 Alternative Law Journal 3. * Morris, Shireen, ‘Indigenous constitutional recognition, non-discrimination and equality before the law: why reform is necessary’ (2011) 7 Indigenous Law Bulletin 26. * Morse, Bradford, â€Å"Indigenous Provisions in Constitutions Around the World† 2011 Paper located at . * Pengelley, Nicholas, ‘Hindmarsh Island Bridge Act – Must Laws Based on the Race Power be for the Benefit of Aboriginal and Torres Strait Islanders- and What has Bridge Building got to do with the Race Power Anyway’ (1998) 20 Sydney Law Review 144. * Prior, Flip, ‘Recognition poll unlikely, days Dodson’, The West Australian, 11 April 2012. * Rintoul, Stuart, ‘Race power opens Pandora’s box’, The Australian, 22 December 2011 * Rowse, Tim, ‘The practice and symbolism of the ‘race power’: rethinking the 1967 referendum’ (2008) 19 Australian Journal of Anthropology 1. * Sawer, G, ‘The Australian Constitution and the Australian Aborigine’ (1966) 2 FL Rev 17. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 280]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 300]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 430]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 450]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 460]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 1 Constitutional Status’ [1. 1. 480]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 6 Civil Justice Issues’ [1. 6. 190]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 6 Civil Justice Issues’ [1. 6. 240]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’1. 7 International Law’ [1. 7. 180]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’19. 1 Constitutional Law’ [19. 1. 230]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’19. 5 Federal constitutional system’ [19. 5. 157. 1]. * Thomson Reuters, The Laws of Australia, (at April 2012), ’21. 10 Equality and the Rule of Law’ [21. 10. 160] * Thomson Reuters, The Laws of Australia, (at April 2012), ’21. 10 Equality and the Rule of Law’ [21. 10. 350]. * Twomey, Ann, Indigenous Constitutional Recognition Explained (University of Sydney Law School Constitutional Reform Unit, 26 January 2012). * Ward, Alexander, ‘At the Risk of Rights: Does true recognition require substantive reform? ’ (2011) 7 Indigenous Law Review 25. * Watson, Nicole, ‘The Northern Territory Emergency Response – Has It Really Improved the Lives of Aboriginal Women and Children? ’ (2011) 35 Australian Feminist Law Journal 147. * Williams, George, ‘Recognising Indigenous peoples in the Australian Constitution: what the Constitution should say and how the referendum can be won’ (2011) 5 Land, Rights, Laws: Issues of Native Title 1. * Winckel, Anne, ‘Recognising Indigenous Peoples in the Preamble: Implications, Issues and Interpretation’ (2011) 7 Indigenous Law Bulletin 22. Case List * Attorney-General (Cth); Ex Rel Mckinlay v Commonwealth (1975) 135 CLR 1 * Commonwealth v Tasmania (Tasmanian Dams Case) (1983) 158 CLR 1 * Jones v Toben [2002] FCA 1150 [69]. * Kartinyeri v Commonwealth (1988) 195 CLR 337 * Koowarta v Bjelke-Petersen (1982) 153 CLR 168 * Kruger v Commonwealth (1997) 190 CLR 1 * Leak v Commonwealth (1997) 187 CLR 579. * Miller v Wertheim [2002] FCAFC 156 [14]; * Western Australia v Commonwealth (Native Title Act Case) (1995) 183 CLR 373 * Wurridjal v The Cth (2009) 237 CLR 309 Legislation List. * Aboriginal and Torres Strait Islander Heritage Protection Act 1986 (Cth) * Australian Constitution Act 1975 (Cth) * Constitution Act 1867 (Qld) * Heritage Properties Conservation Act 1983 (Cth) * Hindmarsh Island Bridge Act 1997 (Cth) * Native Title Act 1993 (Cth) * Native Title (Queensland) Act 1993 (Qld) * Northern Territory National Emergency Response Act 2007 (Cth) * Racial Discrimination Act 1975 (Cth) * Anti-Discrimination Act 1977 (Nsw) ——————————————– [ 1 ]. Law Council of Australia, Constitutional Recognition of Indigenous Australians: Discussion Paper March 2011 part 1. 1 at 23 April 2012. [ 2 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 1 at 23 April 2012. [ 3 ]. Alexander Ward, ‘At the Risk of Rights: Does True Recognition Require Substantive Reform’ (2011) 7 Indigenous Law Bulletin 3, 3. [ 4 ]. Ibid. [ 5 ]. Ibid. [ 6 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 1 at 23 April 2012. [ 7 ]. Ibid [4]. [ 8 ]. Ibid [5. 3]. [ 9 ]. Commonwealth of Australia Constitution Act (Cth) s 25. [ 10 ]. B Costa, ‘Odious and Outmoded’? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 1 at 25 April 2012. [ 11 ]. Attorney-General (Cth); Ex Rel Mckinlay v Commonwealth (1975) 135 CLR 1, [36], [44]. [ 12 ]. B Costa, ‘Odious and Outmoded’? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 1 at 25 April 2012. [ 13 ]. Commonwealth of Australia Constitution Act (Cth) s 24. [ 14 ]. Ibid. [ 15 ]. Convention Debates, Melbourne, 1898, pages 665-714. [ 16 ]. B Costa, ‘Odious and Outmoded’? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 4 at 25 April 2012. [ 17 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 5. 3 at 23 April 2012. [ 18 ]. B Costa, ‘Odious and Outmoded’? Race and Section 25 of the Constitution (2011) The Swinburne Institute for Social Research page 6 at 25 April 2012. [ 19 ]. Ibid [5]. [ 20 ]. Ibid [6]. [ 21 ]. Ibid [5]. [ 22 ]. Commonwealth of Australia Constitution Act (Cth) s 51 (xxvi). [ 23 ]. Australia, Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples, Recognising Aboriginal and Torres Strait Islander Peoples in the Constitution page 5. 4 at 23 April 2012. [ 24 ]. Koowarta v Bjelke-Petersen (1982) 153 CLR 168. [ 25 ]. Ibid [169-170]. [ 26 ]. Ibid. [ 27 ]. Ibid. [ 28 ]. Ibid [174]. [ 29 ]. Kartinyeri v Commonwealth (the Hindmarsh Island Bridge case) (1998) 195 CLR 337. [ 30 ]. Hindmarsh Island Bridge Act 1997 (Cth). [ 31 ]. Aboriginal and Torres Strait Islander Heritage Protection Act 1986 (Cth). [ 32 ]. Ibid. [ 33 ]. Ibid [416-7]. [ 34 ]. Ibid [379-381]. [ 35 ]. Thomson Reuters Legal Online, Halsbury’s Laws of Australia (at 15 January 1998) 19 Government, ’19. 5 Federal Constitutional System’ [19. 5 – 157. 1] [ 36 ]. Heritage Properties Conservation Act 1983 (Cth). [ 37 ]. (1983) 158 CLR 1. [ 38 ]. Ibid. [ 39 ]. Ibid [5 – 8]. [ 40 ]. Native Title Act 1993 (Cth) [ 41 ]. Western Australia v The Commonwealth (1995) 183 CLR 373. [ 42 ]. Ibid.