Adjudicating reasonable and necessary funded supports in the National Disability Insurance Scheme: A critical review of the values and priorities indicated in the decisions of the Administrative Appeals Tribunal

Beyond the initial euphoria of the National Disability Insurance Scheme (NDIS), tough choices will be needed for sustainability. Although the spirit of the NDIS is to deliver choice and control, the Australian government's objective is to ensure that rights and aspirations are proportionate to expectations of best practice, aptness of mainstream services and cost effectiveness. The position in this paper is that this test of ‘reasonable and necessary’ when determining funded supports, raises value dilemmas for government and citizens. The objective is to demonstrate this through a critical scrutiny of the reviews and decisions regarding reasonable and necessary funded supports of the Administrative Appeals Tribunal (AAT). In this paper, a synthesis and critique of 35 appeals to the AAT and one Federal Court Appeal are used to make explicit the decisional ambiguities and contestations in the scheme and the values and priorities that are currently dominant in the allocation of reasonable and necessary support. This in turn is used as a basis for a discussion about the operation of rights in the scheme and what counts as legitimate support. The benefit is for scheme transparency and fairness but also broader debate about core principles and values to inform decisions about scarce resources in society.     

‘In this Day and Age’: Social Facts,Common Sense and Cognition in Tort Law Judging in the United Kingdom

Tort law judging in the United Kingdom includes judicial ‘truth claims’ or ‘social facts’ about the world, society, and institutional and human behaviour. Although corrective justice and rights scholars assert tort law is autonomous and internally referential, social facts can be influential in tort decisions. While there is some evidence of judicial use of empirical research, many social facts are based on judicial notice, judicial common sense, and intuition. Social facts, often based on judicial common sense, play a role in tort judging. However, they can also be fertile ground for the introduction of cognitive bias and judicial error. The role of social facts in tort judging is not confined to ‘policy’ reasoning but includes social framework, context, and background. Emerging research on judicial cognition can help explain the nature and impact of common‐sense social facts. There is a need to consider potential responses to judicial use of social facts and judicial cognition.     

A Contemporary Snapshot of Policewomen Attitudes

Historically, women have been unwelcome in male-dominated police cultures; despite the gains acquired over many tumultuous years, policewomen continue to face significant obstacles. Men officers often promote the subordination of policewomen, and, because of this, some degree of emotional deterioration among women officers would be understandable. This study aims to evaluate the efficacy of such a hypothesis. Questionnaires were mailed to all municipal police departments in one southern state with 50 or more sworn personnel (n = 21) and produced 1,114 responses from 16 departments. Analysis revealed that women officers' (n = 89) professionalism, job satisfaction, stress, and confidence levels demonstrate a condition of psychological health and do not differ significantly from those of men officers. Essentially, the findings suggest that policewomen are mentally tough and resilient, and hence quite capable of modulating the demands of police careers.     

The Organization of the Islamic Conference: Sharing an Illusion

Among Dr. Akbarzadeh's latest publications are Uzbekistan and the United States: Authoritarianism, Islamism and Washington's Security Agenda ( London: Zed Books, 2005) and Islam and the West: Reflections from Australia (Sydney: UNSWPress, 2005). Ms. Connor researches Islamic militancy in the West.¹     

To Tell the Truth: Ad Watch Coverage,Ad Tone,and the Accuracy of Political Advertising

This study examined the relationships among newspaper ad watch coverage, ad tone, and the accuracy of political advertising. A sample of political advertisements (N = 160) was drawn from the Campaign Media Analysis Group (CMAG) database and other sources for eight U.S. Senate races. Two experts on each race evaluated the ads’ accuracy and their ideological portrayals of candidates, while trained coders analyzed other aspects of the ads. Ad watch coverage from these races (ad watch N = 109) also was content-analyzed. The number of ad watches overall in a race and the number that explicitly criticized ads were positively related with the level of accuracy of political ads and with a tendency to portray their favored candidates closer to their actual ideological position—but the overall number of ad watches also was positively related with a tendency for ads to portray opponents as more extreme than their positions warranted. Ad watches usually tend to scrutinize negative ads more, but ad watch coverage in this study was unrelated with ad tone and with the number of negative ads in a race. Positive ads were rated as more accurate but also more prone to exaggerate the supported candidates’ centrism compared to other ads. Normative and practical implications are discussed.

We’re not going to let our campaign be dictated by fact checkers.

— Neil Newhouse, pollster for the Mitt Romney 2012 campaign     

The Effects of Pre-admonition Suggestions on Eyewitnesses’ Choosing Rates and Retrospective Identification Judgments

Pre-admonition suggestion is an identification-relevant comment made to an eyewitness by a lineup administrator before the lineup admonition. Quinlivan et al. (2012) found that their suggestion inflated mistaken identification rates and retrospective identification. However, the suggestion used was a compound statement, making it unclear which component influenced choosing rates. The current experiment was conducted to parse out the effects. Participants (N = 211) viewed a crime video and received either one component of the compound suggestion (a suggestion to pick or that the witness had paid substantial attention), both components, or no suggestion. All participants received an admonition, made an identification choice, and answered questions about their witnessing experience. The results demonstrated that the pick suggestion increased mistaken identifications from a perpetrator-absent lineup whereas the effects of the attention suggestion were restricted to the retrospective judgments. These results show support for the role of secondary (non-memorial) processes in eyewitness identification.     

Corporate security practices and human rights in West Papua

This article explores the intersections between large extractive companies, security governance and human rights. It contributes to understandings of how extractive companies can influence human rights protection in their areas of operation. Drawing on a case study of West Papua, the article argues that extractive companies have important opportunities to promote human rights through their security practices. However the power of extractive companies to determine human rights outcomes is limited by a variety of factors. Examples include: state narratives of nation-building, the financial interests of security personnel and the history of the company's involvement in the area.     

Age differences (or lack thereof) in discriminability for lineups and showups

Previous research reveals that showups are an inferior eyewitness identification procedure to lineups, but no single study has compared younger and older adults' identification decisions for both of these procedures. We had witnesses watch a mock crime video and then make an identification decision from a fair lineup, a biased lineup, or a showup that contained the perpetrator or a designated innocent suspect. Receiver operating characteristic (ROC) analysis showed that identification accuracy was higher from a lineup than from a showup for both age groups, even if the lineup was biased. In addition, calibration curves revealed that witnesses were underconfident when choosing from a fair lineup but overconfident when choosing from a showup. These results reinforce prior research asserting the superiority of lineups over showups.