Decision of the High Court of Australia in Dasreef Pty Ltd v Hawchar Essay

Decision of the High Court of Australia in Dasreef Pty Ltd v Hawchar - Essay Example Sections76-80 of the Evidence Act 1995 NSW deal with opinion evidence (Evidence Act 1995). Section 79 provides for expert evidence as opinion based on specialised knowledge although there is no expression of the term ‘expert’ (Ying, 2005, p 76). Section 177 of the Act provides for an expert evidence to be given in the form of certificate with the expert’s name and address and his signature affirming that he possesses specialised knowledge acquired through study, training or experience as mentioned in the certificate. The certificate should claim that his expert opinion contained therein is based on such knowledge through study, experience or training. This could serve as admissible evidence without the expert attending the court unless the opposing party requires him to tender evidence in person at the court and be subjected to cross-examination. If , after tendering of the evidence by the expert in person , the court feels that there was no need for his personal appearance to tender evidence, costs may be imposed on the party who made such a request for being awarded to the expert (Ying,2005,p78). In fact, the expert evidence is one of the exceptions to the opinion rule as evinced by the section 76. Evidence law does not allow opinion of a witness unless he/ she is an expert in the relevant field. Other witnesses may only testify to the facts as to their existence without being qualified by their opinion. It is for the court to form an opinion based on the facts testified. This is the position with common law as well (Ying, 2005, p78). According to Phipson (2000), common law rule is that no opinions, inferences or beliefs of individuals are admissible in evidence as proof of material facts. Cross (2004) says that the purpose was to exclude â€Å"uncertain and unreliable knowledge†. Apart from section 79, sections 77 and 78 permit lay opinions of witnesses. The decision in Dasreef Pty Ltd v Hawchar (LegalOnline, 2011) questioned the admissibility of what was claimed to be expert evidence under section 79. Although the so called expert was allowed to tender evidence, he did not meet the criteria laid down in section 79 and 177 stated above. Nawaf Hawchar, with a history of employment as stonemason for five and half years from 1999 to 2005 with Dasreef Pty Ltd, claimed to have developed silicosis due to the nature of his job having risk of exposure to silica dust. He was under si milar employment in Lebanon earlier to 1996 for one year. In addition, he did private stonemasonry work during the period from 2002 to 2005. Since in May 2006 Hawchar was diagnosed with early stage silicosis and earlier in 2004 for Sclereroderma, he filed claim for damages for injury of contracting scleroderma and silicosis against his employer Dasreef in Dust Diseases Tribunal of New South Wales (LegalOnline, 2011). Alleging that his employer Dasareef had exposed him to unsafe levels of silica dust whist under his employment, Hawchar produced during the trial, an expert evidence of Dr Kenneth Basden as a competent person to give an expert opinion about his Silicosis condition by virtue of his qualifications as a chartered chemist,

A vision on a nursing profession Essay Example for Free

A vision on a nursing profession Essay For as long as I can remember I have always wanted to be a nurse, caring for those in need. This feeling ultimately led me to the career choice of nursing and continues the path of higher education in the profession. . Nursing is more than treating an illness, rather it is focused on delivering quality patient care that is individualized to the needs of each patient. As nurses we protect, promote and encourage others to optimize their health abilities, prevention of illness, alleviate suffering and advocate in caring for the individual, their families and the community. Fruechting (2010) states, every discipline has its philosophical foundations and nursing is no different. The purpose of a philosophy is to answer the questions of what nursing is, why does it exist and what ethics and values underpin these beliefs. Fruechting continues to say that nursing philosophy, like any other disciplines-specific philosophy, is what directs and drives research and knowledge development to advance the discipline. My philosophy of nursing incorporates the knowledge of medicine, the importance of prevention and the promotion of wellness, while combining it with relational, compassionate caring that respects the dignity of each patient, their families and community. I believe nursing care should be holistic while honoring patient families and community’s values. A crucial aspect of nursing is interprofessional relationships, collaborative efforts among healthcare professionals promoting quality patient care, and making health care easily accessible. A refl ection of my philosophy of nursing and the pursuit of higher education. I look at the theories and have not identified any one at this point to ground me and my philosophy, and what learning strategies appeal to me. I have always reflected on patient –centered care and health promotion model as a great fit in my profession and now the possibility of my philosophy. Nursing theory (2013) states that the Health  Promotion Model was designed by Nola J. Pender to be a complementary counterpart to models of health protection. It defines health as a positive dynamic state rather than simply the absence of disease. Health promotion is directed at increasing a patients level of well-being. The health promotion model also describes the multidimensional nature of persons as they interact within their environment to pursue health. Nursing theory (2013) states that Abdellahs Twenty-One Nursing Problems theory of nursing, Nursing is based on an art and science that molds the attitudes, intellectual competencies, and technical skills of the individual nurse in to the desire and ability to help people, sick or well, cope with their health needs.. The nursing model is intended to guide care in hospitals, but can be applied to community nursing, as well. The model has interrelated concepts of health and nursing problems, as well as problem-solving, which is an activity inherently logical in nature. Abdellahs theory identifies ten steps to identify the patients problem and 11 nursing skills used to develop a treatment typology. Abdellah describes health as a state mutually exclusive of illness. There is no definition of health given by her theory, but she speaks of total health needs and healthy state of mind and body in the description of nursing as a comprehensive service. I would choose both choose this framework due to the emphasis and importance that it puts on relationships, trust, empathy, warmth and being in the present and in tune with one’s own patient –centered care comfortable and at peace to be able to allow one’s self to reflect on the many feelings and emotions that we experience and that changes from minute to minute, day to day and year to year. Therefore, this is the theory that I base my therapy and supervision upon.

The Problem of Youths Education and Socialization :: Teaching Education Research

Philosophic-Methodological and Social-Cultural Factors in the Problem of Youth's Education and Socialization Missing Works Cited ABSTRACT: The socialization of youth is currently in crisis. Education is in crisis across the world. The correlation between socialization and education is a crucial theoretical as well as a practical problem. Schools are the main institution of socialization. Education possesses two different functions: social reproduction and development. The way of life in any concrete society requires stable forms of socialization. The introduction of new generation into the social life—is one of the most ancient and eternal problems of humanity. The topicality of youth's socialization doesn't even grow dim in the present-day conditions but even becomes more acute and problematical character. There are many evidences which prove out it. Don't even remember the notorious problem of  «fathers » and  «children » it`s enough to say that not only in the course of the last decade one of the main institutes of youth's socialization—education—endures deep and protracted crisis. The different levels' instances nearly in all countries are busy now with the search of the ways regarding to the solution of the crisis of education and the increase of the effectiveness of the work with the youth. But the decision of these problems hasn't been found yet (see 1). Here we dwell only on some points which are important for understanding of the essence and necessary for the decision of these problems. In most problems and positions, in which now the processes of education are represented, and it obvious aim, as a rule, it is the development of person. As for the content, it realizes in the study of the bases of the scientific knowledge about the world social invironment, and also at the assimilation of the elementary labour skills, norms and values of the collective activity. However in connection with increase of standard of scientific equipement of life the content`s space of education is filled up more and more with actual scientific information, thus constantly excluding from it other components with persistence. We see 3 problems here, they are the aim, the completeness and the content of education. Let us dwell on them. First of all, we must point out that the institute of the socialization had appeared in our society long before the appearance of the necessity of mastering of the science information. Then socialization evoluated in education. Now they are often heard like the synonyms, as a result of not clear and to wide using of them.

Cowardliness? - Edgar Allan Poe :: essays research papers

Cowardliness? (Edgar Allan Poe – The Masque of the Red Death) Each person is individual. We actually act differently in the same situations. But the situation does not have to be so problematic and so stressing for each of us. Somebody will stay and face the arising problem and somebody will run away as quickly as possible. However still there is something we all have in common, we all hide a coward in ourselves. No matter how powerful, wealthy and strong we are, everybody is scared by something. This fatal fear makes us to do everything possible to avoid it and if there is no other way just to escape from it. But are we therefore cowards? There are lots of kinds of threats. Some of us are afraid of different sorts of animals, some are afraid of height, some are afraid of closed vessel, etc. However, the most usual fear is a fear of death. Also this piece of literature is about such a fear and what it can do to human. Poe chooses plague as his tool of death. He takes his time to perfectly describe how enormous threat such a plague can be: â€Å"No pestilence had ever been so fatal, or so hideous.† Another terrifying fact is that the plague is incredibly quick and therefore there is practically no chance to be cured: â€Å"At the whole seizure, progress and termination of the disease, were the incidents of half and hour.† To support the idea of dread, Poe is also describing the process of the horrible and painful dying: â€Å"There were sharp pains, and sudden dizziness and the profuse bleeding at the pores, with dissolution.† Moreover we can feel a certain respect to it. The author even calls it by a name â€Å"The Red Death† and uses capital letters. He is animating it this way and the reader realises it is not so easy to escape from it. So it is not surprising people are so thrilled by it. Maybe it is also because it is so painful. Maybe because it is extremely quick or maybe because it kills without any control. No matter if you are man, woman or child, if you are young or old, if you are rich or poor, etc. Poe uses a great example of what is human able to do to protect his own life. The Prince Prospero, â€Å"happy, and dauntless and sagacious† man has such a fear that he decides to isolate himself in a big fortress with â€Å"a strong and lofty wall girdled it in.

Psychology of Health in the Workplace Essay

This document will discuss the relationship between health and psychology in the workplace and how certain lifestyle choices affect these areas. This paper will also include examples of lifestyle choices that enhance personal health and reduce illnesses. Understanding how health and psychology relate to each other will allow an individual the ability to be successful in relationships in or out of the workplace. Health is commonly misunderstood as meaning not sick. Health is when a person sustains a good state of mental, social, and physical well-being. Psychology involves understanding the mind and how it relates to behaviors. When studying Psychology the goal is to understand individual and group behaviors by general principles and research. Health and Psychology work together to promote an individual with a sound state of mind and optimal physical health and then the social should fall into place. How an individual decides to live his or her daily life can determine health factors in the future. An example of this would be a person’s daily eating habits. If choosing healthy balanced meals daily including exercise are less likely to acquire diseases such as obesity, cancer, heart disease, or emphysema. These diseases are common with people who choose to consume unhealthy diets, refrain from any physical activity, and make choices like excessive alcoholic beverages or smoking. Maintaining healthy food choices along with some type of physical activity will balance the mind and promotes the ability to make good choices. Having high levels of anxiety can also increase an individual’s chance of developing other illnesses. A person with high anxiety cannot focus and maintain a normal behavior in the workplace. Stressful jobs can cause an individual to worry and become anxious about his or her work performance resulting in an anxiety disorder. This is the most common mental disorder and affects million of adults, young and old, in the United States. An individual can practice daily  activities such as yoga, exercise, or meditating to reduce the chance of experiencing anxiety. By making choices to reduce stress will enable a person to perform at a higher capacity in the workplace. Conclusion When an individual makes choices that affect his or her health this can affect how he or she performs in the workplace. An example would be an individual who choices to drink alcohol daily will start to show signs of having an unhealthy mind and poor physical health. By consuming alcohol daily reduces one’s ability to think straight and make clear choices. It also can become a health issue if continued over a period of time. This will make others in the workplace uncomfortable and not trust the choices the individual is making if he or she cannot work without drinking alcohol. Making good decisions about our daily choices made concerning our eating habits will determine our future health. By consuming a healthy diet will decrease a person’s chances of obtaining a chronic disease. Therefore, making good choices about our health will promote a healthy state of mind and help individuals to be successful in or out of the workplace. Finding ways to reduce stress and enhance our daily lifestyle can help an individual to live a balanced and happy life. References Taylor, S. E. (2011). Health Pschology (7th ed.). New York, NY: McGraw-Hill. WebMd. (2012, March). Anxiety & Panic Disorders Health Center. Retrieved from http://www.webmd.com/anxiety-panic/guide/anxiety-at-work

decision making essays

decision making essays More than thirty years have passed since the dramatic cling of arm in the remote Himalayan region of the Sino-Indian border. This Time gap seems to be appropriate for a correct reexamination of the conflict. The account of India's attempt to find balance with China, ever since the Kongska Pass incident in 1959 until the attack of 1962, is not merely a fact sheet that we can brows and toss away. In stead we have to link each idea to the event and causes that might have played a role in the conflict. Ever since 1959 the border problem between Asia's biggest two nation states has been picking up speed at a threatening speed. The year 1962 was the unfortunate year for India, which knocked out any possibility of understanding between China and India. Of course, such an act of terror could have not started without some kind of the reason, whatever it may be. The chronological order of pre-crisis decisions taken India's authorities are that the latter helped Nehru convey his thought and policies to the outside world in a forceful and organized manner (Brecher, 1959). But as Rajani Palme Dutt said in his book "The problem of India," foreign policy was exercised "more behind the scenes than in meetings of the committee." Both Menon and Nehru acted to the desire of Nehru. It was often when the Foreign secretary would take to Pant drafts of diplomatic correspondence and get the reaction which was usually at Nehru's request (Hoffmann, 1990). Foreign policy makers Nehru, Menon and Pant shared a common worldview which clearly showed their psychological predisposition, drawn from the sources of their personality, idiosyncrasy, ideology, tradition, culture and history. As we shall see further down, in the mainstream of common ideas and beliefs, they indeed had some differences. But all these men used the "attitudinal prism" (Hoffmann, 1990), the lens through which they filtered and structured the information thus perceiving the worl...

Diversity in Toons essays

Diversity in Toons essays In comparing children's programs for their use of cultural diversity I watched several segments of Rugrats, Winnie the Pooh, and Out of the Box. The animated programs, Rugrats and Winnie the Pooh, dealt with diversity in much the same way. Out of the Box, however, was put together on a different level. The Rugrats is a delightful cartoon about a group of adventurous babies that are always getting into one thing or the other. The baby's personalities are all quite different and ones weakness is offset by another ones strengths. Tommy, a very intelligent, articulate, courageous, and compassionate one year old is the leader of the group. His best friend Chuckie is a neurotic two-year-old who is afraid of his own shadow! Phil and Lil, the twins from next door, look alike, think alike, and would follow Tommy Pickles to the ends of the earth. They love the adventures, the messier and scarier the better! They are the lovers of mud-pies, bugs, and moldy things. Tommy's older cousin, Angelica, rounds out the group as the spoiled rotten princess who bullies the babies and manipulates the adults. Angelica has one friend, other than the babies, a black girl her age named Susie who she is always in competition with. The adults in the show represent even more diverse groups. Tommy's Dad, Stu, is an absent-minded toy inventor who loves his son dearly but tends to let his preoccupation with his inventions rule his world. His wife, Didi, is your classic, practical, overprotective mother that is on a quest to be the world's most perfect mother. She, however, is completely unaware of just how much Tommy knows and understands. Tommy's Uncle Drew is a boring investment banker that dotes on Angelica and seriously believes that she is an angel. Aunt Charlotte, on the other hand, is the professional corporate type workaholic and assuages her guilt by lavishing Angelica with undeserved gifts. Betty Deville, Didi's best friend and the twin's mother, is a lou...