Relevant bibliographies by topics / Reasonable care (law) – australia

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
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Academic literature on the topic 'Reasonable care (law) – australia'

Author: Grafiati
Published: 27 July 2024
Last updated: 31 July 2025

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Journal articles on the topic "Reasonable care (law) – australia"

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Carver, Tracey. "Informed consent, Montgomery and the duty to discuss alternative treatments in England and Australia." Journal of Patient Safety and Risk Management 25, no. 5 (2020): 187–93. http://dx.doi.org/10.1177/2516043520941330.

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The UK Supreme Court in Montgomery v Lanarkshire Health Board imposes a duty on healthcare professionals in relation to information disclosure. The obligation is to take reasonable care to ensure that patients are aware, not just of material risks inherent in any recommended treatment, but of any reasonable alternative treatments. While liability for information non-provision was previously decided according to whether the profession would deem disclosure appropriate, the law now judges the sufficiency of information from a patient’s perspective. In doing so, it adopts the approach advocated f
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Holden, Alexander C. L. "Testimonials within health advertising in Australia: an analysis of current policy." Australian Health Review 43, no. 6 (2019): 712. http://dx.doi.org/10.1071/ah18103.

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The advertising of regulated health services to consumers is strictly regulated in Australia. The advertising prohibitions within the National Law that ban the use of testimonials relating to services provided by health practitioners have caused controversy, garnering mixed reactions from the health professions, health consumers and other stakeholders. Advertising that misleads health consumers may promote unnecessary and inappropriate engagement in health services and may therefore negatively affect consumers’ ability to exercise autonomous decisions relating to their care. This article consi
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O’Donnell, Kerri, Barry Hicks, John Streeter, and Paul Shantapriyan. "Getting it right: directors’ assessment of information." Managerial Auditing Journal 30, no. 2 (2015): 117–31. http://dx.doi.org/10.1108/maj-08-2014-1077.

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Purpose – The purpose of this paper is to explore the increasing expectation against two concepts, information and process scepticism. In light of the Centro case judgement, directors’ decisions are held to increasing standards of due care and diligence. Design/methodology/approach – This is a conceptual paper, drawing upon archival material, including statute law, case law, regulatory guidance material and media releases in Australasia. The authors review the statutory duty of care, skill and diligence expected of non-executive directors. Findings – Whether a director has exercised an appropr
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Khan, Mushera Ambaras, Farheen Baig Sardar Baig, and Haniza Rais. "CLAIMS FOR PSYCHIATRIC INJURY IN THE WORKPLACE: AN ANALYSIS UNDER THE LAW OF NEGLIGENCE AND THE ISLAMIC PERSPECTIVE." IIUM Law Journal 29, no. 2 (2021): 171–97. http://dx.doi.org/10.31436/iiumlj.v29i2.579.

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In recent years, claims for damages for deliberately or negligently inflicted psychiatric illness have succeeded against employers in jurisdictions outside Malaysia. In the case of Mount Isa Mines v Pusey, the court decided that an employer’s duty of care towards the employees is not limited to cases of physical injury but also extended to cases of psychiatric injury. In order to claim damages for psychiatric injury, the law of torts requires the plaintiff to prove two elements: namely, reasonable foreseeability and proximity. This paper examines on the two elements as required under the law i
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McPhee, S. R., D. Berman, A. Gonzales, et al. "Efficacy of a competitive enzyme-linked immunosorbent assay (cELISA) for estimating prevalence of immunity to rabbit haemorrhagic disease virus (RHDV) in populations of Australian wild rabbits (Oryctolagus cuniculus)." Wildlife Research 29, no. 6 (2002): 635. http://dx.doi.org/10.1071/wr00114.

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This study examines the efficacy of a cELISA in estimating the prevalence of immunity to rabbit haemorrhagic disease virus (RHDV) in wild rabbits in Australia. Rabbits (n = 343) captured from six locations in Victoria and Queensland were experimentally challenged with a lethal oral dose (1500 50%-lethal doses, LD50) of RHDV. Death or survival to challenge was used to determine the performance characteristics of the test. The diagnostic specificity, sensitivity and accuracy were highly variable between sites, making it difficult to select a representative cut-off value for all sites that achiev
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Eagle, Kerri, Trevor Ma, and Barbara Sinclair. "Integrated substance use rehabilitation in a secure forensic facility." Journal of Forensic Practice 21, no. 1 (2019): 50–60. http://dx.doi.org/10.1108/jfp-09-2018-0037.

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Purpose The purpose of this paper is to inform the development of an evidence-based and effective rehabilitation programme to address substance use disorders in a population of patients with severe mental illness and mental disorders detained in a secure forensic psychiatric facility. A clinical review identified a high prevalence of substance use disorders in the patient population at a secure forensic facility in Sydney, Australia with only a limited number of patients being assessed and offered interventions for substance use problems. Design/methodology/approach A literature review was und
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Mason, J. K. "Book Review: Reasonable Care." Medical Law International 2, no. 1 (1995): 71–73. http://dx.doi.org/10.1177/096853329500200105.

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Smiszek, Michael R. "Twenty-Five Years of Reasonable Care Under US Customs Law." Global Trade and Customs Journal 14, Issue 11/12 (2019): 483–93. http://dx.doi.org/10.54648/gtcj2019060.

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It is now more than twenty-five years since ‘reasonable care’ became the ubiquitous benchmark of importer conduct under US customs law. This article explores the impact of the reasonable care standard on US importers since its inception in 1993 as part of the ‘Customs Modernization Act’. The statutory and regulatory basis for reasonable care is examined, as is the evolution of the relationship under reasonable care between US Customs and Border Protection (CBP) and importers. The closely related effects of the companion tenets of reasonable care introduced by CBP – ‘shared responsibility’ and
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Wright, R. W. "Justice and Reasonable Care in Negligence Law." American Journal of Jurisprudence 47, no. 1 (2002): 143–96. http://dx.doi.org/10.1093/ajj/47.1.143.

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Spence, Nigel. "Kinship care in Australia." Child Abuse Review 13, no. 4 (2004): 263–76. http://dx.doi.org/10.1002/car.854.

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Dissertations / Theses on the topic "Reasonable care (law) – australia"

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Lee, Sharon Hoi Yiu. "Conflicts of conscience: respect, restraint and reasonable accommodation for Canadian health care professionals." Thesis, McGill University, 2009. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66891.

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This paper discusses ethical and legal arguments surrounding conscience-based objections and the corresponding refusal to treat in response to controversial medical procedures. The author unpacks the "right to conscientious refusal" into its component legal relationships and argues that proponents of conscientious objection in health care have inaccurately applied the freedom of conscience and religion. In this paper, the author canvasses various legal mechanisms for the protection of conscience in Canada. Opposed to the introduction of procedure-based "protection of conscien
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Smith, Kathryn Jane. "The developing doctrine of legitimate or reasonable expectations in the public and private law of England and Australia." Thesis, University of Cambridge, 1995. https://www.repository.cam.ac.uk/handle/1810/265413.

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This thesis examines the way in which the doctrine of legitimate or reasonable expectations has developed in the common law of England and Australia. The examination aims to show the role of expectations in the modern re-balancing of interests between the citizen and the Crown or government. The concept of expectations is examined both as it has developed into a doctrine in its own right, and as a theme which is shaping the development of other existing doctrines. i A preoccupation throughout the thesis is the way in which expectations are causing heightened standards of conduct from both the
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Kujinga, Benjamin Tanyaradzwa. "The auditor's duty of reasonable care and skill and the expectation to detect fraud." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/104.

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Auditors perform a very important task within the context of the affairs of a company because financial reporting can only serve its purpose if stakeholders can rely on its accuracy and reliability. An auditor’s duty is to opine whether an entity’s financial reporting has been done according to the requirements of the law. The responsibility of reporting according to the law lies with an entity’s directors. Auditors cannot issue an absolute assurance as to the lawfulness and reliability of an entity’s financial reporting. However when it is subsequently discovered that the financial reporting
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Sims, Hazel Jane. "A case study of pressure group activity in Western Australia: Medical care of the dying bill (1995)." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1220.

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When the Australian Labor Party member for Kalgoorlie, Ian Taylor, presented his Private Member's Bill - the Medical Care of the Dying Bill (1995), he laid the foundation for this thesis. Mr Taylor introduced his Bill to the Western Australian Legislative Assembly on 28 March 1995. The Bill codified the terminally ill patient's right to refuse medical treatment, which clarified common law. This thesis attempts to overcome the dearth of literature in Western Australian lobbying concerning conscience-vote issues. It also identifies the key issues in understanding political lobbying, the form of
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Crowther, Helen Jane. "Making Reasonable Decisions - A qualitative study and quantitative health needs assessment evaluating the integration of published evidence and practice variation in the care of patients with thalassaemia and sickle cell disease in NSW, Australia." Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/13727.

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Doctors and patients make decisions together every day in an attempt to improve health outcomes in patients. We aimed to investigate such decisions, outcomes and the processes undertaken in decision making in patients living with a clinically significant haemoglobin disorder as well as other haematological illnesses. Initially a quantitative health needs assessment was undertaken in NSW, Australia examining the health and management of patients with haemoglobin disorders utilising patient reported outcomes. This assessment noted significant practice variation. A qualitative, interview based st
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Duke, Janet School of Social Work UNSW. "Silent values : contextualising justice within the disjunctures between care discourses, regulatory requirements and nursing practice realities." Awarded by:University of New South Wales. School of Social Work, 2002. http://handle.unsw.edu.au/1959.4/19127.

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The notion of 'Care' has occupied a central place as foundation in nursing theory, ethics and practice. An examination of critical and authoritative documents reveals that the term is vague and ill defined. The literature on care does not theorise the concept as fully as expected in a profession where the concept is considered central. Moreover, even the best theories of care neglect justice. Applying Wittgenstein's concept of family resemblance allows the debate to move on from definitional issues to assess the applicability of 'care' to the practice of the profession. An examination of a
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Dixon, William Michael. "An Examination of the Common Law Obligation of Good Faith in the Performance and Enforcement of Commercial Contracts in Australia." Thesis, Queensland University of Technology, 2005. https://eprints.qut.edu.au/16123/1/William_Dixon_Thesis.pdf.

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This examination of the common law obligation of good faith in the performance and enforcement of commercial contracts in Australia seeks to achieve a number of objectives. First, to chart the historical development of the implied good faith obligation. Secondly, to identify a number of issues that remain unresolved at Australian lower court level. Thirdly, to consider five doctrinal approaches that could be adopted by the High Court when ultimately confronted by the competing claims and tensions that have proven divisive in the courts below. Fourthly, to assess eac
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Dixon, William Michael. "An Examination of the Common Law Obligation of Good Faith in the Performance and Enforcement of Commercial Contracts in Australia." Queensland University of Technology, 2005. http://eprints.qut.edu.au/16123/.

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This examination of the common law obligation of good faith in the performance and enforcement of commercial contracts in Australia seeks to achieve a number of objectives. First, to chart the historical development of the implied good faith obligation. Secondly, to identify a number of issues that remain unresolved at Australian lower court level. Thirdly, to consider five doctrinal approaches that could be adopted by the High Court when ultimately confronted by the competing claims and tensions that have proven divisive in the courts below. Fourthly, to assess each approach again
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Beraldo, Maria Carolina Silveira. "O comportamento dos sujeitos processuais como obstáculo à razoável duração do processo." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-30042013-154154/.

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A lentidão processual é um indicador de ineficiência da justiça e também uma de suas causas. A normal duração dos processos cíveis está comprometida por uma série de fatores, tais como o aumento da litigiosidade, a falta de infraestrutura dos órgãos judiciários e insuficiente utilização das novas tecnologias da informação, a deficiente formação dos juízes e advogados e, particularmente, a falta de efetiva repressão às más condutas dos sujeitos processuais. Este trabalho tem por escopo identificar as condutas processuais irregulares causadoras ou contributivas para a morosidade e traçar parâmet
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Gibson, Robin Margaret. "Bridging the gap between rhetoric and reality: can the law enforce quality patient-centred care in Australia?" Phd thesis, 2016. http://hdl.handle.net/1885/131461.

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This thesis investigates a perceived gap between the medical profession’s rhetoric that the welfare of the patient is the medical practitioner’s first priority, and the reality of patient experience. The Medical Board of Australia’s Good Medical Practice: A Code of Conduct for Doctors in Australia mandates the duty of medical practitioners to make the care of their patients their first priority. This code also confirms that good medical practice is patient-centred. Patient-centred care should therefore be central to patient experience. Howe
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Books on the topic "Reasonable care (law) – australia"

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Katter, Norman A. Duty of care in Australia. LBC Information Services, 1999.

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Dodson, Diane. Reasonable efforts to prevent foster placement: A guide to implementing the "reasonable efforts" requirements of Public Law 96-272 through judicial determinations and state policy. American Bar Association, Young Lawyers Division, 1994.

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Baker, Debra Ratterman. Reasonable efforts: A manual for judges. American Bar Association, 1987.

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American Bar Association. Young Lawyers Division., ed. Reasonable efforts: A manual for judges. American Bar Association, 1994.

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Ricci, Annarita. Il criterio della ragionevolezza nel diritto privato. CEDAM, 2007.

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Meyer, Simon. Vendor Due Diligence beim Unternehmensverkauf: Begriff, Rechtsbeziehungen, Haftung. Dike, 2013.

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MacFarlane, Peter J. M. Health law in Australia & New Zealand: Commentary & materials. 3rd ed. Federation Press, 2000.

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Fercia, Riccardo. Dovere di diligenza e rischi funzionali. Jovene, 2005.

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Diane, Dodson, Hardin Mark, National Legal Resource Center for Child Advocacy and Protection (U.S.), and American Bar Association. Young Lawyers Division., eds. Reasonable efforts to prevent foster placement: A guide to implementation. 2nd ed. American Bar Association, 1987.

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Ricci, Francesco. Due diligence e responsabilità. Cacucci, 2008.

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Book chapters on the topic "Reasonable care (law) – australia"

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Whelan, Jennifer L. "Vulnerability analysis of provision of care to unaccompanied asylum-seeking children, using Australia as a case study." In Reconceptualising Unaccompanied Child Asylum Seekers and the Law. Routledge, 2022. http://dx.doi.org/10.4324/9781003260134-6.

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Teff, Harvey. "Involving the Law." In Reasonable Care. Oxford University PressOxford, 1994. http://dx.doi.org/10.1093/oso/9780198255789.003.0001.

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Abstract A few years ago, in a much-publicized case, the House of Lords authorized the sterilization of a mentally retarded 17-year-old girl. Condemning the judgment, a leading academic physician declared that ‘the law is becoming an insatiable cormorant in matters of medicine’. Though the specific issue was emotive, such a forthright general charge of legal overreach is unsustainable. The view that the courts are meddlesome intruders in medical affairs may be popular among doctors, but it is very much at odds with judicial attitudes towards the medical profession and with the principles which
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Teff, Harvey. "Collaborative Autonomy." In Reasonable Care. Oxford University PressOxford, 1994. http://dx.doi.org/10.1093/oso/9780198255789.003.0006.

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Abstract In Sidaway, Lord Scarman alone favoured incorporating what he called the ‘transatlantic doctrine of informed consent’ into English law. He saw the doctrine as embodying the doctor’s obligation to satisfy the patient’s right to know. In his view, this obligation forms part of the doctor’s duty of care derived from the patient’s rights—the ‘right to be informed of the risks inherent in the treatment which is proposed’ so as to be able to exercise the right of ‘self-determination’. We have suggested that this rationale is misconceived. However, though a rights-based justification of info
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Teff, Harvey. "Patients’ Rights." In Reasonable Care. Oxford University PressOxford, 1994. http://dx.doi.org/10.1093/oso/9780198255789.003.0004.

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Abstract A doctor-centred conception of health care is beginning to lose ground in part because of growing sympathy for the view that patients are entitled to decide what is done to them. In its insistence that individuals be viewed as ends in themselves, a model of patient autonomy seems to offer an appealing contrast to the Hippocratic emphasis on presumed best interests. It also translates naturally into legal form in any system of law which puts a high value on the ‘right’ to self-determination and to bodily inviolability. Like the crime of assault, the tort of battery has been said to hin
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Horsey, Kirsty, and Erika Rackley. "7. Breach of duty: the standard of care." In Casebook on Tort Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192893659.003.0007.

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Once it has been established that there is a sufficient relationship between the parties to establish a duty, the question then arises whether the defendant has been in breach of this duty. This involves a number of issues, many of which involve the judgment of the ‘reasonable man’. The defendant’s behaviour must have fallen below the level of the standard of care owed, which defines the level of safety a claimant is entitled to expect. The ‘reasonable man’ may give the impression of certainty where there is none, for whether it is reasonable to take a certain risk involves questions of econom
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Horsey, Kirsty, and Erika Rackley. "7. Breach of duty: the standard of care." In Casebook on Tort Law. Oxford University Press, 2024. http://dx.doi.org/10.1093/he/9780198874966.003.0007.

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Once it has been established that there is a sufficient relationship between the parties to establish a duty, the question then arises whether the defendant has been in breach of this duty. This involves a number of issues, many of which involve the judgement of the ‘reasonable man’. The defendant’s behaviour must have fallen below the level of the standard of care owed, which defines the level of safety a claimant is entitled to expect. The ‘reasonable man’ may give the impression of certainty where there is none, for whether it is reasonable to take a certain risk involves questions of econo
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Mark, Arnold. "Duty to Exercise Reasonable Care, Skill, and Diligence." In Company Directors. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780192842879.003.0014.

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This chapter notes the duty to exercise reasonable care, skill, and diligence in accordance with the Companies Act 2006. Care, skills, and diligence will be exercised by a reasonably diligent person with general knowledge, skill and experience. The provision reflects and replaces the position of common law as established in the Insolvency Act. The notion of care is understood as requiring carefulness, while skill denotes ability. Meanwhile, diligence may be understood as requiring the directors to apply themselves conscientiously to the affairs of the company and, in particular, the matter at
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Horsey, Kirsty, and Erika Rackley. "8. Breach of duty: the standard of care." In Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.003.0008.

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This chapter focuses on the second of the requirements necessary to establish a claim in the tort of negligence—breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’.
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Steele, Jenny. "3. The Standard of Care in Negligence." In Tort Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198853916.003.0003.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter introduces the reader to the fault principle or negligence standard, along with its positive and negative implications. This chapter first asks. ‘What is negligence?’. It covers the standard of care and, within this, it looks at the objective standard. The chapter goes on to explore the way in which professional skill and care are assessed in the medical context. It also considers reasonable risk-ta
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Horsey, Kirsty, and Erika Rackley. "3. Duty of care: basic principles." In Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.003.0003.

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This chapter traces the development of the duty of care. It considers the various general tests developed and used by the courts in order to establish when a duty of care is owed. In novel cases where there is no existing precedent, since the decision of the House of Lords in Caparo Industries v Dickman [1990], the defendant will owe the claimant a duty of care only where there are positive reasons for them to do so (either because the circumstances of the case are very similar to another where a duty is already owed or because there is sufficient proximity and foreseeability between the parti
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Conference papers on the topic "Reasonable care (law) – australia"

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Carroll, Francis, and Jan Hayes. "Effective Risk Management for In Service Pipelines: Achieving ALARP by Pressure Management and Slab Protection." In 2018 12th International Pipeline Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/ipc2018-78170.

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In Australia (and the UK), pipeline operating companies have a regulatory obligation to ensure that their assets are designed, constructed, operated and maintained so that risk to people and the environment is as low as reasonably practicable (ALARP). In many routine cases, demonstration that risk is ALARP is a matter of compliance with relevant technical standards. There are some cases, however, that are more complex. If a pipeline has been subject to significant urban encroachment and does not conform to current design standards for this service, how does a pipeline operator decide whether r
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Yue, Z. W., F. Backus, M. Huijgen, et al. "Field Deployment of Marine-Safe Carbonate Scale Dissolvers: Meeting Performance and OCNS Regulation Requirements." In SPE International Conference on Oilfield Chemistry. SPE, 2025. https://doi.org/10.2118/224281-ms.

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Abstract Production in a critical high-temperature gas well at the Yolla Field in the Bass Basin, offshore Australia, has declined by more than 50%. A thorough investigation of the well performance, well intervention history, solid analysis of the retrieved downhole debris, modelling of the fluid and water chemistry, and modelling of the production wellbore revealed that the obstruction was primarily due to calcite deposition above the operable downhole side sliding door (SSD) device. Thus, a highly effective carbonate dissolver must be precisely applied to the affected tubular section to remo
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Vlašković, Veljko. "OSVRT NA PRAVA DECE SA INVALIDITETOM SA TEŽIŠTEM NA PRISTUP ZDRAVSTVENIM USLUGAMA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.569v.

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It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Conve
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De, Ashoke, and Sumanta Acharya. "Large Eddy Simulation of Premixed Combustion With a Thickened-Flame Approach." In ASME Turbo Expo 2008: Power for Land, Sea, and Air. ASMEDC, 2008. http://dx.doi.org/10.1115/gt2008-51320.

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A Thickened Flame (TF) modeling approach is combined with a Large Eddy Simulation (LES) methodology to model premixed combustion and the accuracy of these model predictions is evaluated by comparing with the piloted premixed stoichiometric methane-air flame data of Chen et al. [Combust. Flame 107 (1996) 223–226] at a Reynolds number Re = 24,200. In the TF model, the flame front is artificially thickened to resolve it on the computational LES grid. Since the flame front is resolved, the combustion chemistry can be incorporated directly without closure approximations for the reaction rate. The r
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Kitson, Michelle, Rachel Roberts, Colin O'Brien, Robert Sheppard, and Yashar Moslehy. "Wandoo A – A Life Extension Case Study Implementing Reliability Methodologies." In Offshore Technology Conference. OTC, 2023. http://dx.doi.org/10.4043/32195-ms.

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Abstract The Wandoo Oil Field is located about 75km northwest of Karratha, Western Australia. Wandoo A (WNA) is a normally unmanned monopod platform installed in 1993 with a 15-year design life. Demonstrating fitness for service of this facility through the end of field life posed unique technical challenges given its features, including grouted connections, Tuned Liquid Damper (TLD) and the prospect of Wave-in-Deck (WID) in higher return period environmental events. This paper presents a life extension case study for this facility by exploring the overall life extension process and how that p
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Reports on the topic "Reasonable care (law) – australia"

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Battams, Nathan. Family Caregiving in Canada: A Fact of Life and a Human Right. The Vanier Institute of the Family, 2016. http://dx.doi.org/10.61959/nnvo5054e.

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At some point in our lives, there is a high likelihood that each of us will provide care to someone we know – and receive care ourselves – at least once. Family members are typically the first to step up to provide, manage and sometimes pay for this care. The forms of family care we provide and receive are so diverse, not to mention second nature, that we may not even think of them as caregiving: driving a sibling to a medical appointment, preparing a meal for a grandparent, picking up a sick child from school – these are all a part of the “landscape of care” in which we live. Families are hig
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