Legal Aid New South Wales

People with a mental illness may be subject to the UN Convention on the Rights of Persons with Disabilities (CRPD), depending on definitions of terms such as 'impairment', 'long-term' and the capaciousness of the word 'includes' in the Convention's characterisation of persons with disabilities. Particularly challenging under the CRPD is the scope, if any, for involuntary treatment. Conventional mental health legislation, such as the Mental Health Act (England and Wales) appears to violate, for example, Article 4 ('no discrimination of any kind on the basis of disability'), Article 12 (persons shall 'enjoy legal capacity on an equal basis with others in all aspects of life') and Article 14 ('the existence of a disability shall in no case justify a deprivation of liberty'). We argue that a form of mental health law, such as the Fusion Law proposal, is consistent with the principles of the CRPD. Such law is aimed at eliminating discrimination against persons with a mental illness. It covers all persons regardless of whether they have a 'mental' or a 'physical' illness, and only allows involuntary treatment when a person's decision-making capability (DMC) for a specific treatment decision is impaired - whatever the health setting or cause of the impairment - and where supported decision making has failed. In addition to impaired DMC, involuntary treatment would require an assessment that such treatment gives the person's values and perspective paramount importance.

Suicide is an important public health problem for which we have an inadequate public health database. In the United States, decisions about whether deaths are listed as suicides on death certificates are usually made by a coroner or medical examiner. These certification decisions are frequently marked by a lack of consistency and clarity, and laws and procedures for guiding these decisions vary from state to state and even from county to county. Without explicit criteria to aid in this decision making, coroners or medical examiners may be more susceptible to pressures from families or communities not to certify specific deaths as suicide. In addition, coroners or medical examiners may certify similar deaths differently at different times. The degree to which suicides may be underreported or misclassified is unknown. This makes it impossible to estimate accurately the number of deaths by suicide, to identify risk factors, or to plan and evaluate preventive interventions. To remedy these problems, a working group representing coroners, medical examiners, statisticians, and public health agencies developed operational criteria to assist in the determination of suicide. These criteria are based on a definition of suicide as "death arising from an act inflicted upon oneself with the intent to kill oneself." The purpose of these criteria is to improve the validity and reliability of suicide statistics by: (1) promoting consistent and uniform classifications; (2) making the criteria for decision making in death certification explicit; (3) increasing the amount of information used in decision making; (4) aiding certifiers in exercising their professional judgment; and (5) establishing common standards of practice for the determination of suicide.

Looks at an online strategy project at Legal Aid in Western Australia. Begins with an overview of e‐government and the Western Australian Government context, and then discusses the research model and methodology. Gives a background to the case and analyses the change management process against a comprehensive model of business process change. Concludes with some lessons learned and future directions for research in this area.

The underlying rationale of the need to democratize expertise and the precautionary principle are closely interconnected. Democratizing expertise and, more broadly, achieving effective and legitimate governance in risk regulation require honest and objective assessment of substances, processes or activities that are potentially harmful, involvement of all interested parties and confidence in the control mechanisms. The precautionary principle informs, and is affected by, these three requirements. As a principle based on common sense, it provides both substantive and procedural rationality to the politics of risk regulation. Substantive rationality because it is the most appropriate decision-making tool to deal with situations of uncertainty, ignorance and lack of causality of identified potential harm. Procedural rationality because it facilitates the communication between, and the decision-making process of, risk assessors, risk managers and the public, thus enabling democratic societal choices about the level of acceptable risk to be respected.

Background: Recent studies demonstrate the potential of Artificial Intelligence to support diagnosis, mortality assessment, and clinical decisions in low-and-middle-income countries (LMICs). However, explicit evidence of strategies to overcome the particular challenges for transformed health systems in these countries does not exist. Objective: The present study undertakes a review of research on the current status of artificial intelligence (AI) to identify requirements, gaps, challenges, and possible strategies to strengthen the large, complex, and heterogeneous health systems in LMICs. Design: After introducing the general challenges developing countries face, the methodology of systematic reviews and the meta-analyses extension for scoping reviews (PRISMA-ScR) is introduced according to the preferred reporting items. Scopus and Web of Science databases were used to identify papers published between 2011-2022, from which we selected 151 eligible publications. Moreover, a narrative review was conducted to analyze the evidence in the literature about explicit evidence of strategies to overcome particular AI challenges in LMICs. Results: = 22). For both study groups, a descriptive statistical analysis was performed describing their technological contribution, data used, health context, and type of health interventions. For the secondary studies group, an in-deep narrative review was performed, identifying a set of 40 challenges gathered in eight different categories: data quality, context awareness; regulation and legal frameworks; education and change resistance; financial resources; methodology; infrastructure and connectivity; and scalability. A total of 89 recommendations (at least one per challenge) were identified. Conclusion: Research on applying AI and ML to healthcare interventions in LMICs is growing; however, apart from very well-described ML methods and algorithms, there are several challenges to be addressed to scale and mainstream experimental and pilot studies. The main challenges include improving the quality of existing data sources, training and modeling AI solutions based on contextual data; and implementing privacy, security, informed consent, ethical, liability, confidentiality, trust, equity, and accountability policies. Also, robust eHealth environments with trained stakeholders, methodological standards for data creation, research reporting, product certification, sustained investment in data sharing, infrastructures, and connectivity are necessary. Systematic review registration: [https://rb.gy/frn2rz].

The authors investigate the retail pricing tactics of the rent-to-own (RTO) industry through an examination of a recent court ruling and primary data. More specifically, the authors describe a typical RTO transaction and analyze a recent court case that is representative of current rulings. Next, the authors conduct a qualitative investigation of consumers’ experiences with RTO retailers that is grounded in public/social policy theory involving impoverished consumers. The article ends with a discussion of retail pricing options and disclosure requirements, as well as grass-roots opportunities for consumer protection.

The question of the extent to which "transplant" countries continue to exhibit a particular style and substance of company regulation that mimics that of their respective "origin" countries has become particularly salient since the influential "legal origins" theory was proposed. This Article examines in detail the long historical evolution of company law in Indonesia from the colonial period to the present. Inspired by the approach of Pistor et al. (2002), this research finds some "legal origins" effects in the ways that Indonesian company law has developed, but it also notes that patterns of change have been significantly different from that of its former colonizer, the Netherlands. Indonesia experienced an extended period of time in which no change to its main company law occurred and has displayed evidence of adaptation to local conditions only more recently. This research reveals, however, that many of the contributing explanatory factors for this long period of legal stagnation in Indonesia are found outside Pistor et al.'s analytical framework. They include the ongoing effects of "colonial legal history" rather than "legal family effects," particularly of the race-based plural legal system, competing ideological approaches to business regulation, and the existence of informal business entities. This suggests that a more nuanced understanding of postcolonial and developing economy realities is needed in order to redefine the category of "transplant" countries in comparative studies of company law.

Abstract In ferroelectrics, complex interactions among various degrees of freedom enable the condensation of topologically protected polarization textures. Known as ferroelectric solitons, these particle-like structures represent a new class of materials with promise for beyond-CMOS technologies due to their ultrafine size and sensitivity to external stimuli. Such polarization textures have scarcely been demonstrated in multiferroics. Here, we present evidence for ferroelectric solitons in (BiFeO 3 )/(SrTiO 3 ) superlattices. High-resolution piezoresponse force microscopy and Cs-corrected high-angle annular dark-field scanning transmission electron microscopy reveal a zoo of topologies, and polarization displacement mapping of planar specimens reveals center-convergent/divergent topological defects as small as 3 nm. Phase-field simulations verify that some of these structures can be classed as bimerons with a topological charge of ±1, and first-principles-based effective Hamiltonian computations show that the coexistence of such structures can lead to non-integer topological charges, a first observation in a BiFeO 3 -based system. Our results open new opportunities in multiferroic topotronics.

Abstract Over recent years there has been increasing policy concern in the UK about whether citizens are equipped with sufficient legal ‘know-how’. In January 2006, the Department for Constitutional Affairs, now Ministry of Justice, announced a Public Legal Education and Support Task Force to develop and promote the case for a national strategy. This comes after UK government strategies have recently been developed for both consumer education and financial capability. Drawing on empirical data, this article explores whether there is indeed a lack of awareness and confidence among the population of England and Wales in regard to legal issues. The results from the English and Welsh Civil and Social Justice Survey, a large-scale face-to-face survey representative of the population, illustrate the case for targeted as well as general public legal education initiatives.

Family cohesion is crucial to refugee and immigrant children. National immigration policies frequently give discretionary preference to family reunification, but subject it to restrictions, and seldom does domestic law grant the refugee or the alien resident a right to prompt reunification with foreign family members. While recognizing a right to family life, international law did. not in the past recognize a right of entry for the alien for the purposes of family reunification. The Convention on the Rights of the Child, however, requires states to ensure the child's right to family unity and entitles all children to family reunification.

A randomized trial was conducted to assess whether the offer of advice to those experiencing debt problems and who had yet to obtain any formal advice, had a positive impact on their financial and general circumstances. The participants were drawn from 16 Jobcentres (welfare offices) in 13 areas of England and Wales. In all, 402 participants were included in the trial at its outset; 234 participants remained in the trial at the 20‐week followup. There was no significant difference in the rate at which intervention and control group respondents had resolved their debt problems at the 20‐week followup. However, the former were significantly more likely to describe their financial position as “better” than at baseline. There was also evidence that they became more knowledgeable about their financial circumstances, more focused on dealing with priority debt, and more optimistic about their future prospects, relative to control group counterparts. These findings, though, fell short of statistical significance. The findings provide the first experimental evidence of a positive impact of the offer of debt advice. The study also highlights the difficulties of applying experimental methods in a social setting. One lesson drawn from the difficulties encountered in running this trial is that takeup is likely to be low for some forms of pro‐active advice for sensitive problem types experienced among disadvantaged communities.

Emerging evidence points to the transition to parenthood as a critical window for adult neural plasticity. Studying fathers offers a unique opportunity to explore how parenting experience can shape the human brain when pregnancy is not directly experienced. Yet very few studies have examined the neuroanatomic adaptations of men transitioning into fatherhood. The present study reports on an international collaboration between two laboratories, one in Spain and the other in California (United States), that have prospectively collected structural neuroimaging data in 20 expectant fathers before and after the birth of their first child. The Spanish sample also included a control group of 17 childless men. We tested whether the transition into fatherhood entailed anatomical changes in brain cortical volume, thickness, and area, and subcortical volumes. We found overlapping trends of cortical volume reductions within the default mode network and visual networks and preservation of subcortical structures across both samples of first-time fathers, which persisted after controlling for fathers' and children's age at the postnatal scan. This study provides convergent evidence for cortical structural changes in fathers, supporting the possibility that the transition to fatherhood may represent a meaningful window of experience-induced structural neuroplasticity in males.

Kinship care as a form of protective care in Australia has grown considerably over the past decade. The University of Melbourne Family Links: Kinship Care and Family Contact research project comprised a survey of kinship carers and consultations with key stakeholders. Given the significant over-representation of Indigenous children in kinship care arrangements, the project included a nested study of Indigenous kinship care. Research participants stressed the imperative for Indigenous children to be connected to family, community and culture. However, survey responses indicated that in many cases, family and cultural connections were not being assisted by cultural support planning. Indigenous caseworkers described the complexities of facilitating family contact, highlighting good practice as well as dilemmas and shortcomings in culturally sensitive practice. There was much evidence of the straitened circumstances of Indigenous kinship carers and unmet support needs among carers, both Indigenous and non-Indigenous. Suggestions are made about ways in which children in kinship care might be better supported to maintain their family relationships.

The Australian state of New South Wales (NSW) was the first jurisdiction to fully deregulate law firm structure and allow alternative business structures in the legal profession. At the same time it also introduced an innovation in regulation of the legal profession, requiring that incorporated legal practices implement ‘appropriate management systems’ for ensuring the provision of legal services in compliance with professional ethical obligations. This paper presents a preliminary empirical evaluation of the impact of this attempt at ‘management‐based regulation’. We find that the NSW requirement that firms self‐assess their ethics management leads to a large and statistically significant drop in complaints. The (self‐assessed) level of implementation of ethics management infrastructure, however, does not make any difference. The relevance of these findings to debates about deprofessionalization, managerialism, and commercialism in the legal profession is discussed, and the NSW approach is distinguished from the more heavy‐handed English legal aid approach to regulating law firm quality management.

Informed by data extracted from 30,921 police electronic custody records, drawn from 44 police stations across four police force areas and including 5153 records of juveniles aged 10 to 17 years, this article examines the take-up of legal advice by children and young people in police stations in England and Wales. There are wide variations in the extent to which juveniles request and receive legal advice when compared to adults but also between juveniles of different ages. Such variations are explored both in relation to the age of detainees and the type and seriousness of offence and case disposal. Also examined are variations based on different police force areas. The implications emanating from children’s differential access to legal advice at police stations are considered in relation to children’s rights.

Purpose Whilst the energy transition from fossil fuels to renewables offers significant environmental benefits, the other transition – from a centralised to a distributed energy system – underpins a disruptive model for planning cities, towns and villages. A local energy micro-grid can power a local water micro-grid, which in turn can irrigate a local food system, offering a community the opportunity to harvest, store and distribute food, water and energy within their immediate catchment. A distributed network of regenerative villages, connected virtually and with shared electric vehicles is offered as an alternative vision for future cities. The paper aims to justify this as a preferred model for human settlements and develop an implementation process. Design/methodology/approach This paper asks: Is it inevitable that large cities will keep growing, while rural communities will continue to be deprived of resources and opportunities? Is the flow of people into cities inevitable? To answer this question, the adopted methodology is to take a systems approach, observing town planning processes from a range of different disciplines and perspectives. Findings By contrasting the current centralising city model with a distributed network of villages, this paper offers ten reasons why the distributed network is preferable to centralisation. Research limitations/implications It is argued that in this time of dramatic technological upheaval, environmental destruction and social inequality, business-as-usual is unacceptable in any field of human endeavour. This paper presents a sketch outlining a new human settlement theory, a different way of living on the land. It is an invitation to academics and practitioners to participate in a debate. Originality/value The information and energy revolutions, both distributed systems, are reshaping cities.

STUDY OBJECTIVE: In the United Kingdom, recognition of the links between social and health problems has led to government initiatives such as health action zones. The principles of civil law apply to many types of social problem, and the civil justice system provides one means through which they can be tackled. However, little research has been undertaken into the particular links between problems to which civil legal principles and processes can be applied and morbidity. This study examines these links, and the role of legal advice and services in preventing ill health. DESIGN: This study examined survey respondents' self reports of longstanding illness/disability and experience of 18 problems to which legal principles can be applied. SETTING: A random national survey conducted across England and Wales. PARTICIPANTS: 5611 adults drawn from 3348 residential households. MAIN RESULTS: Significant associations were found between illness/disability and 13 of the problem types. Moreover, experience of greater numbers of problems increased the likelihood of reported illness/disability. In attempting to resolve problems respondents' health also frequently suffered. CONCLUSIONS: This study highlights the contribution that public legal education and legal advice can make to the promotion of public health, and the importance of further integration of health and civil justice initiatives through health action zones, community legal service partnerships, etc, to further this end.

Shared responsibility agreements between the Australian Government and Indigenous communities are based on a concept of mutual obligation but have overtones of paternalism and imposition. The nature and extent of choice in any such agreements need to be established.

CONTEXT: Patients with autoimmune rheumatologic conditions and celiac disease tend to have a variety of autoantibodies, many of which have no clear pathogenic role. The literature contains frequent reports of celiac disease being more prevalent in patients with rheumatologic diseases, although this remains controversial. OBJECTIVES: To investigate the prevalence of positive serum tests for celiac disease, particularly IgA and IgG antigliadin (AGA) antibodies and IgA antiendomysium antibodies (EmA) in patients with autoimmune rheumatologic diseases. A second aim was to correlate positive serum tests with prednisone and immunosuppressant medication. METHODS: A total of 190 adults and pediatric patients with a variety of autoimmune rheumatologic diseases (systemic lupus erythematosus, rheumatoid arthritis, juvenile rheumatoid arthritis and spondyloarthrophathies) were evaluated and tested for IgA and IgG antigliadin-antibodies and IgA antiendomysium antibodies. Patients with positive serum tests underwent endoscopic duodenal biopsies for pathology studies. RESULTS: There were four positive sera (2.1%) for AGA IgA, all of which tested negative for AGA IgG and EmA. Three sera (1.6%) tested positive for AGA IgG; all were negative for AGA IgA and EmA. The EmA test at a 1:2.5 serum dilution tested positive in 94 patients (49.5%); at a 1:5 serum dilution it was positive in 41 patients (21.6%). Eleven subjects tested positive for EmA at 1:40 dilution; and all of these tested negative for IgA tissue antitransglutaminase (tTG) antibodies. Nine of the 11 EmA-positive patients and all 7 patients with positive antigliadin antibodies tests underwent duodenal endoscopic biopsies, and no significant changes were demonstrated in their duodenal mucosa. A positive EmA was associated with elevated optical density AGA IgA readings; however, there was no relationship between positive EmA and AGA IgG optical density readings. Prednisone and immunosuppressant use were unrelated to AGA IgA optical density readings or AGA IgG readings. These drugs were associated with fewer positive EmA tests. CONCLUSIONS: Positive AGAA, AGAG or EmA results are probably nonspecific for the presence of celiac disease among autoimmune rheumatologic disease patients. The intake of prednisone and immunosuprressant drugs seems to reduce the prevalence of IgA EmA, but it does not interfere with antigliadin antibodies tests.Further studies are required to estimate more accurately the prevalence of this disease in rheumatologic patients.

“Doctrine can exist—the formalist says or assumes—because of a contrast between the more determinate rationality of legal analysis and the less determinate rationality of ideological contests. This thesis can be restated as the belief that law making and law application differ fundamentally, as long as legislation is seen to be guided only by the looser rationality of ideological conflict… The modern lawyer may wish to keep his formalism while avoiding objectivist assumptions. He may feel happy to switch from talk about interest group politics in a legislative setting to invocations of impersonal purpose, policy, and principle in an adjudicative or professional one. He is plainly mistaken; formalism presupposes at least a qualified objectivism.”