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

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1

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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2

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Cochrane, Susan Frances. "The personal interest and decision-making about medical treatment." Phd thesis, 2006. http://hdl.handle.net/1885/150997.

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12

Heikkila, Karina Elizabeth. "Could s 17 of the Animal Care and Protection Act 2001 (Qld) represent a Derridean justice-based approach to animal protections?" Thesis, 2018. https://vuir.vu.edu.au/36758/.

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Section 17(1) of the Animal Care and Protection Act 2001 (Qld) (‘ACPA’) provides that ‘[a] person in charge of an animal owes a duty of care to it’. Until the Northern Territory adopted that same expression in its Animal Welfare Act, the ACPA was the only animal protection statute in Australia that suggested that a nonhuman animal is owed a duty. What is at stake in this thesis is the contrasting of that legal duty, posited to derive legal justice, with Derridean justice that demands that a duty is owed to other beings. This research addresses the question: could s 17 of the Animal Care and Pr
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13

Ries, Nola. "Advance planning for healthcare and research participation: law, ethics and practice." Thesis, 2019. http://hdl.handle.net/1959.13/1405577.

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Research Doctorate - Doctor of Philosophy (PhD)<br>This thesis focuses on advance planning for health-related matters, including medical care and participation in research. It brings interdisciplinary attention to the legal and ethical frameworks that govern how people can plan for future incapacity and investigates how the rights to plan ahead are acted upon and supported in practice. Dementia is a particular focus of this thesis as it is a leading cause of cognitive impairment among older people, and advance planning for incapacity is considered part of good dementia care. Advance care plann
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14

Ahmed, Raheel. "The explicit and implicit influence of reasonableness on the elements of delictual liability." Thesis, 2018. http://hdl.handle.net/10500/24462.

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Reasonableness as a concept used in determining delictual liability or liability in tort law, is either embraced or perceived by some as frustrating. It is a normative concept which is inextricably linked with the concepts of fairness, justice, equity, public policy and the values of the community. These concepts assist in providing value judgements in determining liability. It is apparent from this study that the influence of reasonableness is predominantly implicit on the French law of delict, but more explicit on the South African law of delict and Anglo-American tort law. Its influe
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15

Pečinka, Martin. "Srovnání povinnosti péče řádného hospodáře člena statutárního orgánu v České republice a odpovídající povinnosti člena statutárního orgánu v Irsku." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-347614.

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This paper deals with a comparison between the Czech duty of due managerial care of a member of governing body of limited company and the Irish non-fiduciary duty to exercise care, skill and diligence of a director of limited company (hereinafter also referred as "duty of care"). The paper aims to find out a possible way to improve legislation of the duty of due managerial care on the basis of comparison with the duty of care. The duty of care sets the ground for the comparison, therefore the paper deals first with the Irish legal status of the duty of care, which has been recently changed by
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