Resource Management and Duty of Care

It can be said that the law generally takes two forms: statutory and common law. Statutory laws are those laws made by the legislatures of the either the State or Federal government. Whereas, common laws are a result of Court interpretations of reasoned law, and are often referred to as judge-made laws. The Common Law dates back in history to the English Legal System. During that period of time, judges presided over cases, reached decisions and shared them with each other. Many legal issues pertaining to the rights and responsibilities associated with trees are governed by laws which are the product of court interpretation. Many such court interpretations have withstood the test of time and still remain the law of the land to this day. However, it appears that new interpretations of old common law theories are taking place by today's courts causing common law issues pertaining to trees to branch off into new directions. What follows is a brief discussion of two recent changes of common law issues which have occurred regarding trees and the duty of care to be exercised by landowners.

A sound understanding of moral and legal obligations is critical to developing responsible nursing practice and building the nurse-patient relationship. Ethics and Law for Australian Nurses provides a practical framework for understanding the ethical and legal dimensions of nursing practice. The fourth edition has been thoroughly revised to include updates to legislation, the NMBA professional standards and case examples. A new chapter on the legal system and a fully revised chapter on duty of care and negligence provide a thorough overview of the law as it applies to nursing practice. The text also includes expanded material on the regulation of nursing practice, advanced care directives, cultural safety, practice in the context of digital environments, person-centred care and assisted dying. Written in an accessible and engaging style, Ethics and Law for Australian Nurses provides a comprehensive guide for nurses training and practising in clinical, research and policy settings.

Healthcare practitioners have a legal, ethical and professional obligation to obtain patient consent for all healthcare treatments. There is increasing evidence which suggests dissonance and variation in practice in assessment of decision-making capacity and consent processes. This study explores healthcare practitioners' knowledge and practices of assessing decision-making capacity and obtaining patient consent to treatment in the acute generalist setting. An exploratory descriptive cross-sectional survey design, using an online questionnaire, method was employed with all professional groups invited via email to participate. Data were collected over 3 months from July to September 2015. Survey content and format was reviewed by the liaison psychiatry team and subsequently contained five sections (demographics, general knowledge and practice, delirium context, legal aspects and education/training). Descriptive, univariate and bivariate analysis of quantitative data and qualitative content analysis of qualitative data were undertaken. The study was approved by the institutional Human Research and Ethics Committee and informed consent was taken to be provided by participants upon completion and submission of the de-identified survey. In total, 86 participants engaged the survey with n = 24, exiting at the first consent question. Almost two-thirds of respondents indicated that all treatments required patient consent. Knowledge of consent and decision-making capacity as legal constructs was deficient. Decision-making capacity was primarily assessed using professional judgement and perceived predominantly as the responsibility of medical and psychology staff. A range of patient psychological and behavioural symptoms were identified as indicators requiring assessment of decision-making capacity. Despite this, many patients with delirium have their decision-making capacity assessed and documented only sometimes. Uncertain knowledge and inconsistent application of legislative frameworks are evident. Many participants were unsure of the legal mechanisms for obtaining substitute consent in patients with impaired decision-making capacity and refusing treatment. The legal context of decision-making capacity and consent to treatment appears complex for healthcare practitioners. Professional, ethical and legal standards of care in this context can benefit from structured education programmes and supportive governance processes. An understanding of why 'duty of care' is being used as a framework within the context of impaired decision-making capacity is warranted, alongside a review of the context of Duty of Care within health policy, guidance and faculty teaching.

The proposal to create a Northern Corridor that would allow for cross-country, multi-modal infrastructure development is an ambitious vision (Sulzenko and Fellows 2016; Standing Senate Committee 2017). This proposed infrastructure corridor would incorporate multiple uses, from pipelines to railways, roads, telecommunications, electricity infrastructure and more. Its geographic scale stretches continuously from coastal B.C. across Canada to the Atlantic coast, with spurs running northward to the Arctic Ocean through the Northwest Territories, Nunavut and via Manitoba to Hudson’s Bay. A critical foundation for its successful development will be the ability to appreciate and incorporate the rights of Indigenous peoples affected by the project (Wright 2020; Newman 2022). The goal of this research paper is to outline the law of Indigenous peoples’ land ownership rights, including proven and asserted title, Crown-Indigenous treaty relations and obligations and Indigenous land claims agreements, and to consider the implications for a large-scale infrastructure project like the Northern Corridor.1 The focus is on the legaland regulatory aspects of Indigenous peoples’ land rights within the non-Indigenous Canadian legal system.2 The research paper uses standard legal methods to assess the land ownership rights of Indigenous peoples, drawing on relevant constitutional and statutory provisions, leading cases and secondary literature. The paper proceeds with a brief overview of these distinct types of Indigenous land rights, then provides a more detailed account of the legal content of s. 35 constitutional Aboriginal title, historic and modern treaty rights. This includes discussion of government’s legal duty of consultation and accommodation, and the requirements for constitutionally justified limitation of these rights. Indigenous land ownership rights in reserve lands are also discussed. A series of case studies more fully illustrates the implications of these varied Indigenous land rights for a project like the Northern Corridor. Finally, the paper turns to the dynamic nature of Indigenous rights and the potential influence of the UNDRIP. The implications of Indigenous peoples’ land rights for the proposed Northern Corridor are extensive. While many of the legal obligations fall on the Crown, as represented by provincial, territorial and federal governments, industry proponents must also play a role. Project proponents engage directly with Indigenous land-rights holders and are crucial to the exchange of information, mitigation of project impacts and creation of benefits for Indigenous communities. Successful development of the Northern Corridor infrastructure project requires a partnered approach with affected Indigenous rights- holding communities. Portions of the proposed corridor traverse the traditional territories of Indigenous peoples over which Aboriginal title is claimed. Where Indigenous claimants demonstrate sufficient, exclusive use and occupation of the land prior to Crown claims of sovereignty, title will be established. The legal test for recognizing title is one that reflects both the common law and Aboriginal perspectives, and is sensitive to context. The geographic scope for successful Aboriginal title claims that overlap with the Northern Corridor is significant. Where Indigenous peoples hold title to the land, they are collectively entitled to exclusively enjoy the benefits of that land, and to decide on its uses. Governments or third parties seeking access to the land require consent from the title holders. In the period before title is established, governments authorizing projects like the Northern Corridor, that could negatively impact Aboriginal title, must consult with Indigenous peoples and, when appropriate, accommodate their interests. This is required to maintain the Honour of the Crown. While the legal duty falls on government, project proponents working directly with Indigenous peoples are an important part of the consultation and accommodation process. Governments do retain a legal ability to justifiably limit Aboriginal title. They can pursue projects in the public interest that are consistent with s. 35’s reconciliation purpose, if they meet the requirements of their unique obligations to and relationship with Aboriginal people (the fiduciary duty and Honour of the Crown). This means satisfying the procedural duty to consult and accommodate Aboriginal title holders, pursuing only limits on title that do not damage their long-term relationship with the land, as well as meeting a recently outlined requirement for proportionality. Proportionality means that limits on Aboriginal title must be necessary to achieve the public purpose and must be as minimal as possible, and that the overall public benefit must not be outweighed by negative impacts on title holders. Projects that go forward with participation and consent of Indigenous title holders will meet these requirements. There is also potential for the Northern Corridor to cross reserve lands. Where these remain subject to the Indian Act, one of the relevant statutory mechanisms for access must be used. These require consent from the band and federal government. For bands that have transitioned to management of their reserves under the First National Land Management Act (FNLMA), only consent of the band as set out in its Land Code is required. The Northern Corridor also crosses lands over which Indigenous people hold land rights under the historic “Numbered Treaties.” While the treaties appear to include formal surrenders of Aboriginal title (an interpretation that is contested), continued rights of use over traditional territories are critical elements of these constitutionally binding agreements. Although governments can “take up” surrendered lands for development, this right is subject to a duty to consult Indigenous parties and accommodate impacts on their treaty rights. Governments can justifiably infringe historic treaty rights. This can be done when a permissible objective is pursued in a way that meets government’s fiduciary duty and upholds the Honour of the Crown. The specific requirements can vary, but generally the test is more restrictive when non-commercial treaty rights are at stake and requires some form of priority to be given to these Aboriginal rights. The requirement for justification is triggered when treaty rights are infringed — when a group is deprived of a meaningful ability to exercise its treaty rights within its traditional territory. Recent developments suggest this threshold should be assessed looking to cumulative impacts and that a process for monitoring and addressing these is part of justified limits on these historic treaty rights. Finally, the Northern Corridor also intersects with lands covered by modern treaties. These agreements provide detailed guidance about the specific rights Indigenous parties enjoy, processes for consultation and co-management of the treaty lands as well as interactions between jurisdictional decisions under the treaty and by other levels of government. Courts have outlined a distinctive approach to the modern treaties that recognize their sophistication and the efforts to negotiate these modern governance frameworks to advance reconciliation. Courts would pay close attention to the relevant treaty terms and processes in any dispute over development of the Northern Corridor. Relatively minimal supervision of the modern treaty relationships should be expected from the courts, although the Honour of the Crown and the obligations it places on governments still apply. It is unclear whether justified infringements of modern treaty rights are possible, and whether a stricter constitutional standard would be required. Case studies of recent infrastructure and resource development projects show that while much of the law is clear, outstanding issues remain, and the practical application of the law can be challenging. The sufficiency of consultation can be in doubt on complex projects involving multiple Indigenous communities. Basic issues such as who to consult can emerge when there is overlap between traditional and Indian Act governance structures and both reserves and other land rights are involved. The applicability of Indigenous laws to traditional territories under claims of Aboriginal title and interactions between Indigenous law and jurisdiction and non-Indigenous law and government authority can also be unclear. Many modern projects proceed with the consent and participation of Indigenous peoples, for example, through benefit agreements. These agreements, because of their link to the underlying Aboriginal rights, can engage the Honour of the Crown and the duty to consult if subsequent developments negatively affect benefits under the agreements. In practice, meeting the legal obligations triggered by Indigenous land rights requires direct, good faith engagement with affected Indigenous communities. The best-case scenario is partnered development that proceeds with the consent of Indigenous rights holders. Current case law suggests that projects like the Northern Corridor might go ahead without full consensus, since there is no “veto” implicit in s. 35(1) Aboriginal rights. However, legal requirements for justified infringements, if possible, still require adequate consultation and accommodation of the rights of Indigenous peoples, and support only necessary, minimal limits on their rights. Overall benefits must outweigh negative impacts on Indigenous communities, and their ability to benefit directly from projects or be compensated for harms is generally part of justifying limits on their rights. On the ground, project proponents will be deeply involved in the relationship-building and engagement that is needed to support consensual development, or will meet the high bar for constitutional justification. Determining whether governments’ legal obligations ultimately have been met is done at a detailed, fact-specific level — not in the abstract. There are no leading cases that support constitutional justification of hypothetical, indeterminate public uses such as the proposed Northern Corridor. The law of Indigenous rights is constantly evolving. Over the lifespan of a project like the Northern Corridor, change would be certain. Canadian approval of the UNDRIP and recent federal and provincial legislation committing to bring Canadian law into compliance are important signals of future development. The UNDRIP embraces a model of Indigenous rights grounded in self-determination and its standard of “free, prior, informed consent” appears to reflect the ability of Indigenous peoples to make their own decisions about projects that impact their rights. The legal implications of the UNDRIP for s. 35 and Indigenous land rights in Canada remain to be seen. As with modern treaties and the FNLMA, it represents a resurgence in Indigenous peoples’ rights to play a direct role in governing their traditional lands and bringing their own laws to bear on developments that impact their lands and rights. Co-management and shared governance frameworks that integrate Indigenous rights holders will likely be key to successful future project development. For a proposal like the Northern Corridor, further study is required to fully appreciate the implications of these nascent developments and consider how they should be reflected in the project proposal.

The article analyses the state of the most popular and least popular professions and specialties in Ukraine. It's found that there are no specialties in the field of land management among them. It is also noted that at the legislative level the specialties "Land Management and Cadastre" and "Evaluation of land and real estate" were replaced by the specialty "Geodesy and land management", which belongs to the field of knowledge "Architecture and construction" (technical sciences). It is substantiated that the profession of land manager should relate to the field of knowledge of "Social and behavioural sciences". It's based on the provisions of the Law "On Land Management" and the study of world experience of the essence of the concepts of land management and land management planning (both have technical, socio-economic, legal and environmental focus). It is proved that the profession of land manager needs to be reprofiled. In this regard, there is a need to identify new specialties and specializations and add them into the state classifier DK 003: 2010. It's important to expand the training of specialists within: 1) specialty 193 "Geodesy and land management" specializations "Land Management and Land Use Administration" and "Cadastral Registrar"; 2) specialty 101 "Ecology" specialization "Land management and ecologization of land use", 3) specialty 051 "Economics" specialization "Economics of land management and land use". It is proposed to add them to the classifier. Keywords. Profession "land manager", labour market, perspective specialties and specializations in land management, new qualifications. Formulation of the problem. The development of society at all times was associated with the arrangement of lands, which today remains the main means for the existence of mankind and a source of social wealth. The need to establish the limits disturb landowners from ancient times. This function is performed by land surveyors. When the first representatives of this profession appeared, it is certainly not known. But the land surveyor is now a profession demanded both in the village and in the city. In our country, the profession of land surveyor always respects honour because it is devoted to the invaluable treasures of Ukraine - land, which has always attached special significance. According to the research conducted in Ukraine, soon, the 10 most demanded professions include: programmers (C++, Java), food industry technologists, construction engineers, architects, designers of offices and interiors, personnel managers, recruiters, energy engineers, journalists, technologists of light industry products, financiers (specialization "banking") [1]. In addition, prospective include: hotel business managers, accountants, auditors, lawyers, marketers. According to the Ministry of Education and Science of Ukraine, according to the results of the 2017 admission, the most popular specialties among the entrants for the Bachelor in Ukraine were Philology, Law, and Management. 85 thousand, 74 thousand and 59 thousand applications have been filed for the stated above specialties respectively. In addition, among the leaders are "Medicine", "Computer Science", "Tourism", "Secondary Education", "Psychology", "Economics". These specialties were desirable to enter by 40 to 46 thousand of entrants. The last step in the TOP-10 was "Software Engineering" with the result of 33 thousand applications (Fig. 1) [9]. Despite the stated above facts, it has been revealed that such specialties as "Law", "Management", "Tourism" and "Economics" remain among the most popular among entrants even though they are not in demand in the labour market. At the same time, the high levels in the ranking are occupied by important for the economy specialties, such as "Computer Science" and "Software Engineering". The least popular specialties are (fig. 2) "Theology" (185 applications excluding spiritual higher educational institutions) and "Hydropower" (193 applications for entry). However, specialties for the preparation of a specialist in land management are absent among the most and least popular. Therefore, with a caution we have to perceive the situation. The list of required occupations in the labour market is changing. Focus magazine has ranked the professions that will be promising in 5-10 years [10]. Before allocating the most promising specialties, the publication together with experts identified the areas of the economy that will actively develop in the near future. So, at first there was a list of 40 spheres of the economy, which, according to Focus, will successfully develop in the next 5-10 years. Experts evaluated the prospects for the development of these industries on a 10-point scale, giving each sector a mark from 1 to 10 points. At the same time, each expert could add to the list the industry that was not among the 40 listed, but whose potential he considers rather large. According to the obtained data, the rating of 15 most promising industries has been designed, and include: information technologies, telecommunications and communications, agriculture , pharmaceutical production and pharmacy business, banking, frying and processing industry, transport services, financial services, legal services, household services, metallurgy, alcohol production, energy, livestock , utilities. So, the 20 most promising professions of the next decade will be the following: the seller, the IT specialist, the automation engineer, the marketer, the municipal services engineer, the aeroengineer , the technologist in the production and processing of food products, the technologist of consumer services, logistics, the lawyer (economic and land law ), power engineer veterinarian, pharmacologist, financier, communication engineer, practical psychologist, geneticist, biochemist, robotic technician, nanoengineer. In addition, agrarian countries are actively developing organic and farm farming. This will require the involvement of a large number of employees who are able to work on the ground - and thus, forms a serious niche. In general, the labour market trends in the coming years can be reduced to nine main directions [5]: engineers, IT specialists, nanotechnology specialists, marketers, service providers, logistics, environmentalists, chemists, and physicians. The Resolution of the Cabinet of Ministers of Ukraine dated December 30, 2015, No. 1187, approved new Licensing conditions for the conduct of educational activities [7] concerning the further conduct of educational and scientific work in educational institutions. By the order of the Ministry of Education and Science dated November 6, 2015, No. 1151 "On the peculiarities of the introduction of the list of branches of knowledge and specialties [6], which are the training of applicants for higher education, approved by the Cabinet of Ministers of Ukraine from April 29, 2015, No. 266" [8] approved Table of correspondence List of directions for training of specialists in higher educational establishments for the educational-qualifying level of bachelor (List 1), List of specialties, which was carried out training of specialists in higher education institutions for educational and qualification levels of a specialist and a master's degree (List 2). In the stated above Resolution, it is defined that instead of the specialties "Land Management and Cadastre" and "Land and Real Estate Valuation" – the specialty "Geodesy and Land Management" is established. The latter belongs to the field of knowledge "Architecture and Construction", which belongs to the technical sciences. At the same time, the Law of Ukraine "On Land Management" stipulates that land management is a set of socio-economic and environmental measures aimed at regulating land relations and rational organization of the territory of administrative-territorial units, economic entities carried out under the influence of social and productive relations and development of productive forces [2]. The same law ( Article 1 ) stipulates that activities in the field of land management are the scientific, technical, production and management activities of state authorities, local governments, legal entities and individuals, which is carried out under land management. Land-use documentation ( land management documentation ) is the text and graphic materials approved in accordance with the established procedure, which regulate the use and protection of lands of state, communal and private property, as well as survey and land survey materials, author's supervision of project implementation, etc. Measures on land management – provided by documentation on land management on the rational use and protection of land, the formation and organization of the territory of the object of land management, taking into account their purpose, restrictions on the use and restrictions (encumbrances) on the rights of other persons (land servitudes), preservation and increase of fertility soils. This is evidence that the profession of land surveyor is more likely to belong to the field of knowledge of "Social and behavioural sciences" than to "Architecture and construction". Architecture (Greek αρχιτεκτονικη - construction) is both a science and the art of designing buildings, as well as a system of buildings and structures that form a spatial environment for the lives and activities of people in accordance with the laws of beauty. Land management, as stated in the Law of Ukraine "On Land Management" – a set of socio-economic and environmental measures aimed at regulating land relations and rational organization of the territory of administrative-territorial entities and economic entities on the ground. As the research of A.M. Tretiak and V.M. Tretiak shows, the concept and essence of land management has both a technical direction and socio-economic, legal and environmental. Land managers have worked and work in the structural subdivisions of the State Committee for Land Resources of Ukraine, the State Land Agency of Ukraine and the State Audit Office of Ukraine, state authorities and local self-government bodies, and ministries (where there are departments of land resources); in public and private design and valuation companies, real estate firms, agroholdings, agricultural enterprises; territorial communities, scientific institutions, institutions of legal direction. civic organizations. The land manager learns not only his professional knowledge, but also legal and natural sciences. For a profession it is necessary to have mathematical abilities, engineering approach, spatial imagination, ability to understand the legislation. The profession is extremely interesting and creative, which requires the ability to make informed decisions, communicate with people, requires care, clarity and responsibility. To become a successful specialist in this field, you need to be persistent, self-confident, active, have a well-developed intuition and logical thinking. According to the classification of professions, the professional activity of the land manager relates to professions such as "human-nature". To date, the land manager must have a higher education in the field of "Architecture and Construction" from the specialty "Geodesy and Land Management" , according to the educational qualification level: a junior specialist, a bachelor's or a master's degree. Currently, land managers use modern equipment in their work: electronic instruments; new technologies of geographic information systems. Significant problems arise when making managerial decisions due to the imperfection of the regulatory framework - when three different land managers can have three different views on the same issue. At the same time, for professionals it is extremely important to come to a joint decision. But how can the problems of legislation be explained to an ordinary peasant? It's a shame when you can not help a person in solving his question, and even more - when you do not know how to explain the impossibility of solving a particular problem. The disadvantage of the profession is also that there is little free time for personal life, family and wage mismatch in modern times. The advantages include: work is interesting, lots of communication, new knowledge in land law, and more. At the same time, we consider it necessary to stay on the proposals of A. Martyn outlined in the scientific paper "Directions of adaptation of the content of land management education to the needs of the national and world economy" [3], where he publishes "bad news" for land management education – whether we are ready for them? He states: "Most of our graduates will not develop landuse documentation at all; the number of jobs in the industry is quite limited; the overwhelming part of the "modern" Ukrainian land management is a terrible mix of fairly archaic rules, a crazy bureaucracy and meaningless rituals, in order to master the development of primitive land management documentation, it takes 2-3 weeks of practical training, but not 5 years at the university, and a significant part of cadastral registrar are lawyers. Some of these reservations agreeable. Therefore, his thoughts emphasize once again the need for serious changes in the training of land management specialists. Thus, all of the above stipulates the need for changes in the classification of occupations DK 003: 2010 and the definition of new specialties and specialization training of land management specialists. In our opinion, it is expedient to extend the training of specialists in land surveying in the following areas: 1) specialty 193 "Geodesy and land management" of the specializations "Land Management and Land Use Administration" and "Cadastral Registrar" ; 2) specialty 101 "Ecology" specialization "Land management and ecologization of land use" ; 3) specialty 051 "Economics" specialization "Economics of land management and land use" . At the same time, we consider it expedient to add the following qualifications to the classifier of professions DK 003: 2010: in section 8 "Main specialists – heads of scientific research units and subdivisions on scientific and technical preparation of production and other managers" – Chief land surveyor; in section 14 "Managers of enterprises, institutions, organizations and their subdivisions" – Manager of land management, Manager in the field of operations with land, Manager in the field of research in the land market; in section 25 "Agronomists, hydraulic engineering, forest managers and professionals of related professions" – Land manager; in section 33 "Assistant veterinarians, junior specialists in agronomy, forestry, water management and nature conservation" – Land Resources Inspector; in section 34 "Other technical specialists in the field of management" – State Inspector for the use and protection of land; in section 249 "Professionals not included in other classification groups". Land manager-ecologist, Land manager-designer. Conclusions. Summing up, we note that the assignment of the specialty "Geodesy and land management" to the field of knowledge "Architecture and Construction" (engineering science) does not comply with the provisions of the Law "On Land Management", the study of world experience of the essence of the concepts of land management, which determined that they are inherent in technical, as well as socio-economic, legal and environmental trends. In this connection it is proved that the profession of land manager belongs to the field of knowledge of "Social and behavioral sciences" . In view of this, the need for re-engineering the directions of land management training is urgent. Therefore, we must work ahead and make changes to the classification of professions DK 003: 2010 regarding the definition of new specialties and specialization training of specialists in land management. We consider it expedient to expand the training of specialists within: 1) specialty 193 "Geodesy and land management" of the specialties "Land Management and Land Use Administration" and "Cadastral Registrar" ; 2) specialty 101 "Ecology" specialization "Land management and ecologization of land use" ; 3) specialty 051 "Economics" specialization "Economics of land management and land use" (qualification "Land Management Manager"). It is proposed to make changes to the list of qualifications.

International Humanitarian Law (IHL) establishes limitations on warfare to protect the natural environment from extremely serious damage and to prevent unnecessary or wanton harm. IHL protection of the environment developed from the principle of protection of civilians, and it has similar motives and goals. This chapter describes a legal regime that is undergoing development. Protection of the environment during armed conflict as a specific legal obligation is a sufficiently recent international norm that its status as binding law has been more contested than early humanitarian commitments like neutrality of medical personnel. This reflects the tension between recognition of the importance of ecological integrity to peace and the interests of States in retaining freedom in their conduct of military operations.The continuing development of international law in many specialised areas means that legal advisers will be obliged to regularly review the continuing application of the UN Charter, international security law, IHL, international criminal law, human rights law, international environmental law, international economic law, and other bodies of international law. These bodies of law must be taken into account as they may constitute binding legal obligations, norms informing special rules effective during armed conflict as stated in the Law of Armed Conflict, international standards, non-binding norms, guidelines and/or state practice, including practice integrated into rules of engagement, status of forces agreements, and military manuals, handbooks and training guides.

A sound understanding of moral and legal obligations is critical to developing responsible nursing practice and building the nurse-patient relationship. Ethics and Law for Australian Nurses provides a practical framework for understanding the ethical and legal dimensions of nursing practice. The fourth edition has been thoroughly revised to include updates to legislation, the NMBA professional standards and case examples. A new chapter on the legal system and a fully revised chapter on duty of care and negligence provide a thorough overview of the law as it applies to nursing practice. The text also includes expanded material on the regulation of nursing practice, advanced care directives, cultural safety, practice in the context of digital environments, person-centred care and assisted dying. Written in an accessible and engaging style, Ethics and Law for Australian Nurses provides a comprehensive guide for nurses training and practising in clinical, research and policy settings.

A sound understanding of moral and legal obligations is critical to developing responsible nursing practice and building the nurse-patient relationship. Ethics and Law for Australian Nurses provides a practical framework for understanding the ethical and legal dimensions of nursing practice. The fourth edition has been thoroughly revised to include updates to legislation, the NMBA professional standards and case examples. A new chapter on the legal system and a fully revised chapter on duty of care and negligence provide a thorough overview of the law as it applies to nursing practice. The text also includes expanded material on the regulation of nursing practice, advanced care directives, cultural safety, practice in the context of digital environments, person-centred care and assisted dying. Written in an accessible and engaging style, Ethics and Law for Australian Nurses provides a comprehensive guide for nurses training and practising in clinical, research and policy settings.

A sound understanding of moral and legal obligations is critical to developing responsible nursing practice and building the nurse-patient relationship. Ethics and Law for Australian Nurses provides a practical framework for understanding the ethical and legal dimensions of nursing practice. The fourth edition has been thoroughly revised to include updates to legislation, the NMBA professional standards and case examples. A new chapter on the legal system and a fully revised chapter on duty of care and negligence provide a thorough overview of the law as it applies to nursing practice. The text also includes expanded material on the regulation of nursing practice, advanced care directives, cultural safety, practice in the context of digital environments, person-centred care and assisted dying. Written in an accessible and engaging style, Ethics and Law for Australian Nurses provides a comprehensive guide for nurses training and practising in clinical, research and policy settings.

A sound understanding of moral and legal obligations is critical to developing responsible nursing practice and building the nurse-patient relationship. Ethics and Law for Australian Nurses provides a practical framework for understanding the ethical and legal dimensions of nursing practice. The fourth edition has been thoroughly revised to include updates to legislation, the NMBA professional standards and case examples. A new chapter on the legal system and a fully revised chapter on duty of care and negligence provide a thorough overview of the law as it applies to nursing practice. The text also includes expanded material on the regulation of nursing practice, advanced care directives, cultural safety, practice in the context of digital environments, person-centred care and assisted dying. Written in an accessible and engaging style, Ethics and Law for Australian Nurses provides a comprehensive guide for nurses training and practising in clinical, research and policy settings.

The third edition of Ethics and Law for Australian Nurses develops an innovative practical framework for understanding the ethical and legal dimensions of nursing practice in Australia. Taking a 'relational' approach to practice, the text foregrounds the concepts of personhood, vulnerability and the nurse-patient relationship as the source of a nurse's moral and legal obligations. This approach is central to the book's discussion of key ethical and legal concepts throughout the text including consent and autonomy, negligence and liability, confidentiality and trust, and culturally safe practice. This edition has been thoroughly revised to include the latest research and methods, updated legislation and links to professional documentation, along with a new chapter on aged care. Student learning is supported by case studies, legal case extracts and learning exercises. A new instructor companion website features a curated suite of multimedia resources and extension questions.

An important development in American corporate law is the recent explicit recognition, in a series of Delaware cases, that corporate managers owe a fiduciary duty of good faith in addition to their traditional duties of care and loyality. The duty of good faith was not created by those cases. On the contrary, the duty has long been explicit under the statutes and has also long existed implicitly in the case law. Nevertheless, the explicit recognition of the duty of good faith in recent Delaware cases shines a spotlight on that duty, and therefore makes it especially important to develop the contours of the duty and to examine the duty from a normative perspective. Briefly, the duty of good faith in American corporate law is comprised of a general baseline conception and specific obligations that instantiate that conception. The baseline conception consists of four elements: subjective honesty, or sincerity; nonviolation of generally accepted standards of decency applicable to the conduct of business; nonviolation of generally accepted basic corporate norms; and fidelity to office. Among the specific obligations that instantiate the baseline conception are the obligation not to knowingly cause the corporation to disobey the law and the obligation of candor even in non-self-interested contexts. Turning to the normative issue, there are several basic reasons why the duty of good faith is desirable. To begin with, the duties of care and loyalty do not cover all types of improper conduct by managers, because certain kinds of improper managerial conduct fall outside the spheres of those duties. Most of these types of conduct fall within the duty of good faith. Furthermore, various rules limit a manager's accountability under the duties of care and loyalty, and these limiting rules should be and are inapplicable to conduct that violates the duty of good faith. Moreover, the duties of care and loyalty characteristically (although not invariably) function as platforms for liability rules, while the duty of good faith characteristically (although not invariably) functions as a condition to the application of rules that do not in themselves impose liability. This difference in characteristic function makes it desirable to treat good faith separately from care and loyalty. Finally, the duty of good faith provides a principled basis for the courts to develop new specific fiduciary obligations that come to be seen as appropriate in response to changes in social and business norms, and in the general understanding of efficiency and other policy considerations that are applicable to corporate law, but cannot be easily accommodated within the duties of care or loyalty.

Continued advances in precision medicine rely on the widespread sharing of data that relate human genetic variation to disease. However, data sharing is severely limited by legal, regulatory, and ethical restrictions that safeguard patient privacy. Federated analysis addresses this problem by transferring the code to the data—providing the technical and legal capability to analyze the data within their secure home environment rather than transferring the data to another institution for analysis. This allows researchers to gain new insights from data that cannot be moved, while respecting patient privacy and the data stewards’ legal obligations. Because federated analysis is a technical solution to the legal challenges inherent in data sharing, the technology and policy implications must be evaluated together. Here, we summarize the technical approaches to federated analysis and provide a legal analysis of their policy implications.

This chapter explains how general principles of law in the UK are common law creations that apply ‘in context’. Context for these purposes can include sector-specific questions of law, where either statute law and/or the common law rules of fairness can impose procedural requirements that include notification rights, representation rights, and a duty to give reasons. The chapter also explains the relationship between statute law and common law and, in particular, how the common law can supplement statute law by filling gaps in procedural protection. Attention is given to the possible relevance of human rights standards, both at common law and under the ECHR, as it has effect in UK law under the Human Rights Act 1998. The residual influence of EU is also noted.

The Crisscross Region of Wind-drift Sand Regions along the Great Wall and Loess Plateau locates in southern Ordos Plateau and northern Chinese Loess Plateau, where wind erosion and water erosion coexist and specified environmental and socio-economic factors, especially human activities induce serious land degradation. However, there are only a few studies provide an overall assessment consequences. Integrated land quality assessment considering impacts of soil, topography, vegetation, environmental hazards, social-economic factors and land managements are imperative to the regional sustainable land managements. A pilot study was made in Hengshan County (Shanxi Province) with the objective of developing comprehensive land quality evaluation model integrating data from farmers' survey and Remote Sensing. Surveys were carried out in 107 households of study area in 2003 and 2004 to get farmers' perceptions of land quality and to collect correlative information. It was found out that farmers evaluated land quality by slope, water availability, soil texture, yields, amount of fertilizer, crop performance, sandy erosion degree and water erosion degree. Scientists' indicators which emphasize on getting information by RS technology were introduced to reflecting above indicators information for the sake of developing a rapid, efficient and local-fitted land quality assessment model including social-economic, environmental and anthropogenic factors. Data from satellite and surveys were integrated with socio-economic statistic data using geographical information system (GIS) and three indexes, namely Production Press Index (PPI), Land State Index (LSI) and Farmer Behavior Index (FBI) were proposed to measure different aspects of land quality. A model was further derived from the three indexes to explore the overall land quality of the study area. Results suggest that local land prevalently had a poor quality. This paper shows that whilst the model was competent for its work in the study area and evaluation results would supply beneficial information for management decisions.