Native Title Law Reform Australia Essay

Mabo and others v State of Queensland (No.2 (1992) HCA 23, is apparently one of the most renowned local title claims in Australian history. This case was the first in Australian history to effectively topple Terra Nullius and basically prompted the production of the Native Title Act 1993 (Cth) (‘The Act’). Land nullius implies land having a place with nobody or land that has never been dependent upon sway of any state and is a piece of International Law. Most of Indigenous People see land nullius in an antagonistic manner, as this term had been utilized as a methods for defending intrusion or takeovers of customary land. The consequence of land â€nullius on ATSI (Aboriginal and Torres Straight Islanders) implied that they have endured incalculable wrong doings and shamefulness towards them. ATSI were not seen as legitimate Australian residents as per the law until 1967. This implied the law offered no security of fundamental human rights or land rights bringing about enormous misfortunes of profoundly noteworthy land. The principal case to make lawful move over land rights was the 1971 Gove land rights case. The Yolngu individuals made lawful move against Nabalco Mining Company in the Northern region Supreme Court. The Yolngu individuals asserted that Nabalco Mining were unlawfully mining on their property (the Gove landmass) without endorsement. Anyway various set backs were experienced, for example, land nullius not taking into consideration local title and the Doctrine of Reception which adequately delineated that once a nation (for this situation Britain) has a colonized an area, that country’s law currently consequently applies, overruling any past laws that were once set up. For the Yolngu individuals this sadly implied their case was dismissed in 1971 (by Justice Blackburn) as the Australian legitimate framework didn't need to comply with Native Yolngu land laws. This created additional social separation between the Indigenous standard law and the English legitimate framework. â€Å"Native title is the privilege of Indigenous individuals to their conventional land.†(Cambridge Legal Studies, starter, pg 98). The English legitimate framework had a totally different methodology when it came to property rights, Aboriginal Peoples separated land as per the measure of room expected to accommodate countless individuals in understanding to how much food there was accessible here, for instance families living close to seaside regionsâ need far less space to discover food than a faction living in the outback as food there is rare, this is the means by which land was isolated. Were rather than the English framework we see singular property rights Eddie Mabos deep rooted fight for social, human and land rights for the Torres Straight People is a commendable one despite everything recalled today as the primary fruitful case of Native Title and the first toppling of land nullius. The Doctrine of gathering made the test of demonstrating conventional possession much progressively troublesome dissimilar to past cases, for example, the 1971 Gove land rights case. Murray Island was diverse Murray Island had particular fringes; it additionally had a legendary God called Malo (articulated Mare). Malo is the wellspring of Meriam legacy and culture. Malo can be viewed as a type of Common Native Law. Land possession, obligations; strict convictions and ceremonial moves were totally secured inside Malo law giving the foundation of a full of feeling body of evidence against the province of Queensland. Malo has existed for whatever length of time that the Island and its Native People and was in this manner a substantial bit of proof in both Mabo cases. Eddie Mabo had the option to demonstrate that land was passed down from father to child, age to age because of Malos law and inborn moves. â€Å"Malo, or Bomai, which is his mystery and progressively sacrosanct name, built up the laws which announced that groups must keep to their own ways, ‘swim with their own kind’, sow their properties and monitor the oceans. †From Malo †Bomai point in Mabo †The Native Title Revolution. The full of feeling measure for accomplishing equity includes various components each being related of each other and just when utilized all in all can are they of any great effect. While evaluating the adequacy of Native Title Law Reform reasonableness, uniformity, access and effectiveness should be thought of. As decency has been a huge issues of worry for Aboriginal People in the Past, Civil debates including Aboriginal land rights absolutely asks the inquiries of who is to blame? When making legitimate move for Native Title asserts the offended party must demonstrate that they possessed the land already and are consequently qualified for guarantee it. Weight of confirmation has not been reasonable in this circumstance as the Traditional Land was not gotten legally yet was taken from underneath them without an any grounds to be taken seriously. Along these lines if this framework were to be reasonable than it ought to be up to the ownersâ of the land to demonstrate they stopped by the land in concurrence with Traditional Indigenous Owners. The subsequent issue is uniformity. Uniformity is hard to accomplish as the law can prompt bad form if everybody is dealt with the equivalent. Impeded individuals may incorporate, Indigenous and Torres Straight Islanders, youthful, monetarily burdened and the old, the equivalent might be applied to get to. Lastly productivity, proficiency implies weighing up the expense of accomplishing an objective for instance money related cost, time, and HR all include and if the expense exceeds the outcome than that at times can be viewed as a negative outcome. All in all means to fixing past harm and foul play perpetrated upon the Aboriginal And Torres Straight Islander People are advancing yet it is still extraordinarily hard for ATSI individuals to guarantee any pay on account of huge weaknesses in all parts of the law. Assets are exorbitant and access can be hard for certain individuals in their circumstance accordingly they are as yet being placed second best according to the law and Justice has not been accomplished for the ATSI individuals implying that albeit Native Title Law Reform is a positive development we despite everything have an exceptionally long approach before obvious equity is reached. Reference list: AUSTRALIAN INSTITUTE OF ABORIGINAL AND TORRES STRAIT ISLANDER, 2008 The local title transformation, Australian Government, Canberra, got to 11 May 2014, . Native and Torres Strait Islander Social Justice Commissioner, Social Justice Reports, 1994-2009 http://www.humanrights.gov.au/social_justice/sj_report/and Native Title Reports, 1994-2009 High Court of Australia †The Wik Peoples v The State of Queensland and Ors; The Thayorre People v The State of Queensland and Ors [1996] HCA 40 (23 December 1996) Mabo †Native Title unrest 2000, Film Australia, Pdf, got to 11 May 2014, . Social Justice and Human Rights Issues: The Global Perspective, 2010 Charles Sturt University, got to 11 May 2014, . National Native title Tribunal, 2013 Australian Government, got to 8 May 2014, . The High Court Recognition of Native Title †The Mabo Judgment and Its Implications, 2012 Treaty Republic, got to 9 May 2014, .

Miracle-Ear Interviewing Guide Essays - Computer Performance

Marvel Ear Interviewing Guide Applicant : Marie Weirich Area: Hopkinsville Position: PCC Pay: Accessibility: Actively Looking __________________________________________________________________________________________ Adaptability : Assess if the applicant can possibly develop past section level execution . How could you find out about the open door ? What incited your advantage ? It is safe to say that you are by and by working? Manageability : Assess if the applicant is searching for a profession or only their next activity. What do you feel is your most prominent expert achievement ? What steps have you taken to learn and develop in your vocation? How would you believe you will lift our group execution? W cap steps do you take to figure out how to utilize new innovation or programming? How would you handle complaints dependent on cost? Synopsis:

Reflecting Paper of The Case of the Mismanaged Ms Essay

Reflecting Paper of The Case of the Mismanaged Ms - Essay Example Ed Coulter, the Vice President of showcasing conceded that he had fronted Dick to fill the situation rather than Ruth since Dick was a man, and since men will in general be in most production line settings, he expected that Dick could relate better to customers. In as much as both Dick and Ruth had equivalent capabilities required for the activity, Ed contended that ladies were not dependable at more elevated levels since they could get pregnant, or forsake their employments so as to follow to their spouses dependent on their husbands’ occupations or profession (Seymour, 1987). From all these, it is obvious that Ed was one-sided against Ruth. It is illegal to deny ladies openings since they are foreseen to get pregnant. From Ruth’s and Barbara’s discussion, it is obvious that Triton doesn't advance governmental policy regarding minorities in society. The organization has neglected to regard ladies and view them as notable individuals who can increase the value of the organization and society on the loose. Most importantly, Ruth’s disclosure that ladies in Triton Company structure just 20% of the considerable number of workers is stressing. Furthermore, there are just two ladies holding mid-level administrative situations, with no lady holding a situation at the top official level (Seymour, 1987). This is a reasonable exhibit that ladies are oppressed and their essence in the organization isn't considered of significant worth. Also, I am amazingly stunned to hear Ruth’s objections with respect to the way in which Ed tends to her. At the point when Ed meets Ruth toward the beginning of the day and doesn't welcome her, however remarks on her pullover, her method of dressing, just as her eyes (Seymour, 1987), it serves to be an away from of inappropriate behavior. Ed does this deliberately with goals of causing Ruth to feel awful. This is an unsatisfactory conduct that ought not go on without serious consequences in any workplace. It is likewise significant that there are no unmistakable methods that are being followed while advancing representatives. This is ascribed to the way that data with respect to such open doors are passed by overhearing people's conversations. No proper correspondence is given to existing workers to empower forward their applications to these positions. Rather, the Vice Presidents of different divisions (every one of them are men) plunk somewhere around themselves and pick who to fill the situation with. It stresses that in all the cases they have delegated just men, some of whom have not worked for the organization contrasted with ladies at their level (Seymour, 1987). This presents a few inquiries that request answers. For example, one might need to know, what job the Human Resource Manager of the organization plays in the event that she isn't engaged with the employing procedure. Moreover, one may address why the Vice Presidents consider giving these empty situations to men who d on't merit them, forgetting about dedicated and accomplishing ladies. These demonstrations of segregation if not all around dealt with can be incredibly unfortunate to the organization. To begin with, the organization may confront a few separation claims which may scratch its open picture. The claims may uncover what's going on in the organization and disheartened splendid, persevering and accomplishing ladies who had wished to be a piece of the Triton workforce. Furthermore, the organization may come up short on an assorted official staff. Inability to consolidate ladies in its activity may hurt the organization since considers have uncovered that remembering ladies for the official staff and having assorted variety is interrelated with better execution. This is on the grounds that disparate

Personal Philosophy of Nursing Essay - 550 Words

Personal Philosophy of Nursing (Essay Sample) Content: Personal Philosophy of NursingStudentà ¢Ã¢â€š ¬s NameUniversity AffiliationPersonal Philosophy of NursingPhilosophy can be defined as an investigation into the unusual system of facts, doctrines and principles in a given field of knowledge. This can be based on distinctive reasoning in the way an individual views the various aspects of life. It is dependent on the level of information acquired pertaining to the subject in question. CITATION Mer09 \l 1033 (Webster, 2009)Nursing has its philosophical grounds, formed by the ability to understand the topic well enough and the certainties about how life should be.Concept of PersonNurses have to understand their desire to help individuals selflessly with a high degree of integrity. Nursing is not just a profession for financial gain but should be viewed as a mission to provide health care to every single human kind indiscriminately regardless of race, religious beliefs or disabilities. (Dahlin,2005)Nurses have to shoulde r the responsibilities of providing safe health care to patients in giving a holistic treatment as opposed to just treating the symptoms. When one part of the body is not working well it affects the whole person in general. Therefore, there is need to empower the patients by encouraging them to take responsibility for their own health alongside treatments.Concepts of NursingNursing as a profession requires knowledge and skills acquired through experience and education and should be maintained and kept current at all times. It defines the wholeness of a nurse which gives them the ability to adress the patients internal as well as the external needs. This enables a nurse accord the patient confidentiality handled with utmost discretion, respecting their needs, beliefs and behavior in relation to the kind of illness they suffer from. (Dahlin,2005)Concept of EducationNursing education is a multi disciplinary field based on nursing science, behavioral and natural sciences, the humanities and benevolent aspect producing knowledgeable, competent professional nurses who promote the optimal health of individuals, families, groups, aggregates and communities (Dahlin,2005)Concept of Nursing PracticeNurses encounter different types of conflicts with their patients in the cause of their interaction, there is need to exercise their personal and ethical standards of professionalism at all times, especially when faced with challenges in resolving conflicts arising between their personal beliefs and those of patients (Dahlin,2005). Nurses should be able to introduce themselves to patients at all times and state their role, if possible tell the patients who is coming to attend to them next. This enables the patient feel comfatable and creates a good connection between the nurse and the patientConcept of EnvironmentPatients, their visitors, and the healthcare team all deserve an environment that is conducive to help the nurse supports the wellness, physical and emotional healing of his/her patient. (Vanessa, 2012) A patientà ¢Ã¢â€š ¬s hospital room should be regarded as their own personal space and it is the duty of a nurse to ensure the patient feels secure in such a different kind of environment. Decontamination procedures should be undertaken more often, factors such as sound, lighting, the colour as well as smell around the patient play an important role in the in the well being of the patient.Concept of HealthHealth in general is a constant change in the well being of an individualà ¢Ã¢â€š ¬s body function, which can be influenced by biological, psychological and sociological factors. The focus of nurses is on patientsà ¢Ã¢â€š ¬ needs, healing, safety and their empowerment to maintain a better health. (Vanessa, 2012) reducing medical errors should be of great concern to any nurse who should work tirelessly to improving patients safety as well as promoting healthy living conditions.Concept of AdministrationFor information to flow well there is need for good administration. In a hospital setting, a good communication system should be put in place to ensure there is no room for mistakes as this may compromise the h...

The Mental Impairment And Unfitness Act - 1285 Words

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Reconstruction And Renewal Of Paris Represented The ...

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Accounting BHP Billiton and Santos Limited

Question: Discuss about the Accounting BHP Billiton and Santos Limited. Answer: Introduction Conceptual framework has been hailed as a significant tool for reducing discrepancy and bringing higher corporate reporting parity. The conceptual framework is an ambitious project which allows for the basic tenets with regards to accounting norms so as to meet the information needs of investors, suppliers and creditors. Considering that the underlying basis of accounting standards prevalent in the respective nations would be derived from the principles outlined in the framework, it would also encourage accounting standards harmonisation while providing flexibility for meeting localised needs (Melville, 2013). The accounting standards in Australia are dictated by Australian Accounting Standards Board or AASB and since these are based on IFRS, hence the various principles outlines in the conceptual framework are also taken care of (Deegan, 2014). Considering the above, the report aims to opine on the adherence of the AASB standards and the underlying conceptual framework by considering the annual report of BHP Billiton and Santos Limited. Both of these are mining companies based in Australia. Also, the report would focus on the conceptual framework revision to reflect prudence and the underlying implications. Additionally, the disclosure made by the underlying comparison and a comparison of the same is also included. Annual reports compliance For the purpose of this report, the latest available annual report in the public domain has been considered to evaluate whether these adhere to the conceptual framework and compliance. Before moving forward, it is worthwhile to consider AASB standards in relation to significant items in the companies that have been chosen. AASB 116 PPE With relation to recognition, measurement and reporting of plant, property and equipment, the relevant directions are provided by the given accounting standard. As per this, only those assets must be recognised which are likely to bring in future economic benefits and also measurement of cost in a reliable manner is possible. With regards to initial measurement of any PPE, AASB 116 directs that to be carried out at initial cost. However, in relation to measurement at a later stage, measurement may be carried out either using initial cost or revaluation as may be deemed fit by the reporting entity. But, it is imperative that the underlying choice must not be limited to singly assets but should encompass the complete asset class (AASB, 2010a). AASB 102- Inventories The measurement of inventories as per AASB 102 must be carried out using either the FIFO or weighted average method only. Also, inventory having same nature must have same method of measurement. Besides, the valuation of inventory must be made at lower of the cost and the actual value realisable at the given time (AASB, 2015). AASB 136=Asset Impairment The underlying assets valuation does not remain constant. Hence, AASB 136 recommends that infinite life intangible assets along with goodwill must be subject to impairment testing on an annual basis. Besides, other intangible assets and all tangible assets should undergo impairment testing in case of existence of any information that may hint towards the same (AASB, 2010b). AASB 137- Contingent Liabilities It is required that the underlying entities in their annual report must capture potential obligations expected to arise in the future that is expected to be outside their control. Additionally, any potential obligation that has arisen in present but has unreliable measurement would also be reflected in the form of contingent liability (AASB, 2010c). BHP Billiton The adherence of the company with the above accounting standard coupled with conceptual framework principles is discussed below. AASB 116 The relevant accounting policy extract is shown below (BHP Billiton, 2016). The above policy is fully in line with the relevant accounting standard. Considering the business model of the company, exploration costs are significant and decision needs to be made as to what could be classified as PPE. The relevant policy extract for the same confers with AASB 6 as shown below (BHP Billiton, 2016). The policy stated above tends to pay consideration to the definition of asset as is contained in the conceptual framework and only recognises the exploration costs as assets when the certainty of existence of reserves is established AASB 102 The companys accounting policy for inventory is identified below (BHP Billiton, 2016). The above inventory accounting policy confers with AASB 102. Also, the outline in the conceptual framework is also adhered to in the policy. Additionally, the fact that inventory measurement reflects the actual value is in line with the associated characteristics of information to be extended to the relevant users (Deegan, 2014). AASB 136 The accounting policy for asset impairment is as shown below. The above policy tends to adhere to the AASB 136 and also the broader approach outlined in the conceptual framework. Also, the above policy ensures that only relevant, complete and accurate information is passed on for prudent decision making by relevant users (BHP Billiton, 2016). AASB 137 The accounting policy for contingent liability is as shown below (BHP Billiton, 2016). The policy adhered to by BHP adheres to AASB 137 and ensures that that the conceptual framework is complied with both in letter and spirit thus ensuring prudent decision making by the relevant users. From the description of the policy and the underlying business mode, it is apparent that these may assume significant proportion. Besides, various events that could potentially give rise to liability are also captured as significant events in the annual report (BHP Billiton, 2016). From the above, it is apparent that BHP Billiton through its significant accounting policies not only adheres to applicable AASB standards but also the conceptual framework principles. The most significant testimony of this is provided by the detailed information provided by the company in relation to the Samarco Dam failure and the potential liabilities that may arise due to the same in the present and future (ICAEW, 2006). Santos Limited AASB 116- PPE The companys accounting policy for PPE is identified below (Santos Limited 2016). It is apparent from the above that AASB 116 is adhered to by the company not only with regards to the acquired assets but also for the in-house assets under development, The asset definition as reflected in the conceptual framework is also fulfilled (Deegan, 2014). AASB 102- Inventory The companys accounting policy for inventory is identified below (Santos Limited 2016). The above inventory accounting policy confers with AASB 102. Also, the outline in the conceptual framework is also adhered to in the policy. Additionally, the fact that inventory measurement reflects the actual value is in line with the associated characteristics of information to be extended to the relevant users (Deegan, 2014). AASB 136- Asset Impairment The accounting policy for asset impairment is illustrated below (Santos Limited 2016). The above policy tends to adhere to the AASB 136 and also the broader approach outlined in the conceptual framework. Also, the above policy ensures that only relevant, complete and accurate information is passed on for prudent decision making by relevant users (Santos Limited, 2016). AASB 137- Contingent Liabilities The accounting policy for contingency liability is illustrated below (Santos Limited 2016). The above policy clearly indicates that the policy adhere to AASB 137 and also ensures that future potential liabilities outside the entitys control are also listed. The above analysis of certain segments of significant accounting policies is clearly indicative of the fact that relevant AASB standards are adopted by Santos in the preparation of the annual report. Additionally, the basic tenets of the conceptual framework are also built in which reflects that the information available to the users is timely, accurate and enables prudent decision making. Addition of Prudence The conceptual framework as envisaged originally did not endorse prudence due to the underlying conflict it has with neutrality. Prudence as a concept implies that the management while deploying the various accounting policies and judgement should ensure that revenues are not overstated and liabilities are not understated as there is inherent reason for the company to engage in the same thus inflating profits. The application of prudence is limited to transactions where there are uncertain implications and hence management discretion is needed (ACCA, 2014). Even though the concept itself is not new but its addition in conceptual framework has been mired with controversy and intense debate as on the face it seems incompatible with neutrality. Hence, tweaking has been done in this concept and the same has now been modified to cautious prudence (Deegan, 2014). It is quite likely that prudence as a principle could potentially result in diminishing disparities in corporate reporting as it tends to dampen the aggressive judgement deployed by management in their discretion of certain transactions. Prudence brings about more realism in relation to the management judgement and hence enhances the information quality being released in public. Certain stakeholders have been opposing prudence as they believe that it brings about a negative bias in the financial reporting and thus amounting to misleading the users (ICAEW, 2006). The original concept of asymmetric prudence did have this problem to some extent but the revised concept of cautious prudence requires only cautious judgement from the management and does not endorse negative judgement. Thus, application of prudence ensures reduced deviation in corporate reporting and hence is beneficial to the reporting framework as it assists more accurate decision making by investors and creditors. But the actual benefits of the application of this would only come out when implemented in a manner which ensures a fine balance between neutrality and prudence without violation of either (Melville, 2013). Disclosures Comparison A comparison of the disclosures of BHP Billiton and Santos is as highlighted below (BHP Billiton, 2016; Santos Limited, 2016). In relation to the segmental reporting, detailed information has been offered by both the companies for the various mining assets that these own in the various geographies along with the respective financial results of the same which is highly relevant for the investors. Through the remuneration report, adequate disclosures have been made with regards to the underlying compensation derived by members of the senior management and the respective principles responsible for the awarded remuneration. A significant component of disclosures is the directors report which provides valuable information to the users regarding not only operational and financial performance during the year under review but presents significant takeaways for the future which can be deployed for prudent investment decision making. Based on the financial reports presented, is seems that BHP Billiton tends to more transparent in highlighting more detailed information particularly through notes on management judgment and contingency liabilities. Even though, the management judgement notes to some extent are present for Santos also, but apparently, they are not as frequent and exhaustive as that of BHP Billiton. Conclusion: Based on the above, it is apparent that the current regime in place for reporting of information to relevant users through the application of AASB standards and conceptual framework seem adequate and is also adhered to by the companies chosen for the task. Further, going ahead it is likely that with the addition of prudence, the information reporting may improve further especially for mining companies as there is significant management discretion involved in reporting of various assets and their reserves which has a material effect on the companys valuation. Further, with regards to the underlying disclosures being made by the respective companies, there are not any major differences, but still the overall reporting and detailing for BHP Billiton is comparatively more detailed which to an extent may be linked to the underlying difference in size of operations of the two companies. References AASB (2010a), Property, Plant and Equipment, Australian Accounting Standards Board, [Online] Available at https://www.aasb.gov.au/admin/file/content102/c3/AASB116_07-04_ERDRjun10_07-09.pdf (Accessed December 14, 2016) AASB (2010b), Impairment of Assets, Australian Accounting Standards Board, [Online] Available at https://www.aasb.gov.au/admin/file/content102/c3/AASB136_07-04_ERDRjun10_07-09.pdf (Accessed December 14, 2016) AASB (2010c), Provisions, Contingent Liabilities and Contingent Assets, Australian Accounting Standards Board, [Online] Available at https://www.aasb.gov.au/admin/file/content105/c9/AASB137_07-04_COMPoct10_01-11.pdf (Accessed December 14, 2016) AASB (2015), Inventories, Australian Accounting Standards Board, [Online] Available at https://www.aasb.gov.au/admin/file/content105/c9/AASB102_07-15.pdf (Accessed December 14, 2016) ACCA (2014), Prudence IFRS, Association of Chartered Certified Accountants, [Online] Available at https://www.accaglobal.com/content/dam/acca/global/PDF-technical/financial-reporting/tech-tp-prudence.pdf (Accessed December 14, 2016) BHP Billiton (2016), Annual Report FY 2016, BHP Billiton Website, [Online] Available at https://www.bhpbilliton.com/~/media/bhp/documents/investors/annual-reports/2016/bhpbillitonannualreport2016.pdf?utm_source=Websiteutm_medium=Organicutm_term=ARDownloadutm_campaign=AR2016 (Accessed December 14, 2016) Deegan, C.M. (2014), Financial Accounting Theory, 4th ed., Sydney: McGraw-Hill Education Australia ICAEW (2006), MEASUREMENT IN FINANCIAL REPORTING, The Institute of Chartered Accountants in England and Wales, [Online] Available at https://www.icaew.com/-/media/corporate/files/technical/financial-reporting/information-for-better-markets/ifbm/measurement-in-financial-reporting.ashx (Accessed December 14, 2016) Melville, A. (2013), International Financial Reporting A Practical Guide, 3rd ed., London: Pearson Education Limited Santos Limited 2016, Annual Report 2015, Santos Website, [Online] Available at https://www.santos.com/media/3310/2015_annual_report.pdf (Accessed December 14, 2016)