Implementing a COAG Reform Using the National Law Model: Australia's National Registration and Accreditation Scheme for Health Practitioners

The Council of Australian Governments (COAG) is undertaking a program of reform part of which requires moving from diverse state and territory based legislated systems to a nationally consistent system. A method which is being increasingly used for this purpose is the national law model. On 1 July 2010 a new national registration and accreditation scheme (NRAS) for health practitioners commenced using this model. The challenges faced in implementing NRAS may be faced by other initiatives using the same approach. The challenges of reaching agreement on a national system, avoiding variations within a national system at local level and delays in legislation across multiple parliaments are considered in the light of NRAS experience and lessons for similar projects are drawn out.     

Eithne Dowds: Feminist Engagement with International Criminal Law: Norm Transfer,Complementarity, Rape and Consent

Feminist Legal Studies -     

Introducing a New Diminished Responsibility Defence for England and Wales

A divisive law from the outset, the diminished responsibility defence has continued to arouse criticism since its inception over fifity years ago under section 2 of the Homicide Act 1957. Increasing pressure from academics, practitioners, and mental health professionals, among others, to restructure the law has resulted in a reformulation of the wording of section 2 under the unassuming auspices of section 52 of the Coroners and Justice Act 2009. This paper examines the new definition of diminished responsibility on two levels: the broader context and structural significance of the Act and section 52's place within it; and, the technical detail of the section itself. In so doing, consideration is given as to whether the new law appeases the critics of the old, in addition to whether the Government has succeeded in bringing to bear its objectives of clarity, fairness and effectiveness.     

Fading lies: applying the verifiability approach after a period of delay

ABSTRACT

We tested the utility of applying the Verifiability Approach (VA) to witness statements after a period of delay. The delay factor is important to consider because interviewees are often not interviewed directly after witnessing an event. A total of 64 liars partook in a mock crime and then lied about it during an interview, seven days later. Truth tellers (n?=?78) partook in activities of their own choosing and told the truth about it during their interview, seven days later. All participants were split into three groups, which provided three different verbal instructions relating to the interviewer’s aim to assess the statements for the inclusion of verifiable information: no information protocol (IP) (n?=?43), the standard-IP (n?=?46) and an enhanced-IP (n?=?53). In addition to the standard VA approach of analysing verifiable details, we further examined verifiable witness information and verifiable digital information and made a distinction between verifiable details and verifiable sources. We found that truth tellers reported more verifiable digital details and sources than liars.     

Policy processes sans frontières: interactions in transnational governance of global health

Policy Sciences - National policy on global health (NPGH) arenas are multisectoral governing arrangements for cooperation between health, development, and foreign affairs sectors in government...     

Challenges in donor–NPO relationships in the context of corporate social investment

ABSTRACT

The purpose of this article is to highlight challenges in the relationship between corporate donors and recipient NPOs within the context of corporate social investment (CSI) in South Africa and to link the relational challenges to problems NPOs face in general. It is theoretically argued that CSI forms an important part of sustainable development and that NPOs, in turn, form an integral part of many organisations’ social investment. The challenges faced by them need addressing for the sake of NPOs, donors and society as a whole. It was found that although the stakeholder relationship generally shows both positive and negative perceptions of the parties involved, the challenges that exist can be traced to challenges in the everyday functioning of NPOs, including resource limitations and dependence; staffing problems; and strategy, management and environmental challenges. These challenges facing NPOs manifest in their relationship with donors and can be seen in the power imbalance in the relationship that favours donors, the lack of transparency by NPOs, divergent views on commitment, the questioned competence of NPOs, time constraints in the execution of activities, a perceived incomprehension by NPOs of the realities of the business world, and an unwillingness on the part of donors to allow NPOs some decision-making power.