The thesis considers the development of teachers' assessment practice at key stage one from 1989 to 1995 as the National Curriculum assessment of the core subjects was piloted and implemented. It takes a longitudinal case study approach in two Hampshire Infant schools with additional evidence from other schools and LEA assessment advisers and places it within historical, research and personal contexts. It identifies how teachers' assessment and recording practice changed, how far these changes were temporary or sustained and what impact these changes had upon supporting children's learning. It proposes that in order for change to be implemented and sustained teachers' perceptions as well as their practice need to change. It compares teachers' perceptions of the relative importance of statutory tests/tasks with teacher assessment over the six years. The research shows that teachers of Y2 children were making increasing use of a range of methods for teacher assessment including observation and became increasingly confident in the dependability of their judgements through whole school planning and moderation activities. It found changes in science and design school planning and moderation activities. It found changes in science and design and technology assessment practice were not sustained when external requirements changed. It considers how schools assimilated and implemented changes in their practice and found that for change originating from one context (policy makers) and implemented in a separate context (teachers in schools) there was a time lag. National Curriculum assessment was subject to significant modifications over the six years. The thesis explores the nature of these changes, finding many were crisis led and often stimulated knee-jerk responses which had unplanned knock on effects. The research found that the absence of two way professional communication between originators and implementors limited the rate of change and the development of a common perception of teacher assessment and its significance compared to statutory tests and tasks. The evidence collected throughout the six years supports the importance of teachers' perception in the process of change and its effective implementation. It proposes that for effective implementation teachers should engage in a professional dialogue with policy makers to bring about evolutionary change in which consideration is given to the purpose and evaluation/research basis of the change required as well as the practice implications.

Textualism is the doctrine of statutory interpretation propounded by a small group of US federal court judges, including the late Justice Antonin Scalia. Whilst the doctrine has attracted a great deal of scholarly attention, few have considered its historical development. In this dissertation, textualism is analysed in order to uncover the core principles and sets of rules from which it is comprised. Then, the development of these principles and sets of rules is traced back through the treatises on statutory interpretation published in England and America in the Victorian era, which were well-known to and frequently cited by Justice Scalia. Textualism is revealed to be an Anglo-American doctrine that emerged over the course of the nineteenth century; and it was made explicit in the treatises on statutory interpretation, which developed via a transatlantic scholarly dialogue. The doctrine fell out of favour in the US as the nineteenth century drew to a close; and around the same time, the rule prohibiting recourse to legislative history, a core feature of textualism, became subject to significant judicial challenge in England. The matter was resolved by a landmark decision in 1906, after which time the doctrine became firmly entrenched in England until approximately the 1980s. Textualism's long tenure in England demonstrates how a doctrinal common law theory typical of the late Victorian era persisted for more than a century despite variations in judicial application of the rules from which the doctrine is comprised, criticism from within the legal community, and significant social change over time. The modern US revival of this doctrine is further testament to textualism's tenacity. Whilst many scholars have found the doctrine to be problematic, it has remained attractive to common law judges from the time of its emergence in the middle of the nineteenth century through to the present. This is so because textualism was developed and refined through doctrinal legal scholarship, and as a result, it is consistent with traditional common law modes of reasoning, and it is tailor-made to meet the needs of judges deciding cases.

South African government has since 1995, developed a considerable body of legislation that defines a holistic Human Resource Development Framework for the Private Security Sub-sector. Through this legislation development process, the Private Security Sub-sector has made considerable progress in implementing this body of legislation. However, in spite of this achievement, policy implementation success indicators are not commensurate to the policy development success indicators and several challenges are still impeding skills development of workers. In particular, the Private Security Industry has moved steadily beyond the systems development phase. It has made strong progress in implementing stipulations of the skill development legislation in the sector with the support of the skills levy fund as well as donor support. Considerable attention has been paid to the implementation of the different types of skills development related legislation including funding the skills development initiatives and employment equity. The cases examined in the study reflect varying and different degrees of success in achieving set targets as well as challenges that have emerged in the implementation process. There is an indication that the dire shortage of skills in the private security subsector persists and the efforts of the drivers of training and development in the sector, the Safety and Security Sector Education and Training (SASSETA), the Private Security Industry Regulatory Authority (PSIRA) and employers have made little impact on this need. This state of affairs cannot be allowed to continue indefinitely. The study revealed a range of critical National Skills Development Strategy targets that have not been met throughout the period under study. For instance employers have failed to meet obligatory targets of employing training employees to achieve at least ABET level 4. In addition, only 54% women have been trained and 4% people with disabilities. Furthermore, there are a number of other training obligations that compounds the challenge by infringing on the rights of the affected groups. This also retards the social and economic development of workers as well as that of the country. South Africa continues to lack effective, robust crime fighting groups of skilled crime fighters in spite of the training levy funds that have been spent on skilling the Private Security Sub-sector. The point of departure of this study is that the Skills Development initiative is a sector programme which must be led by the sector itself, especially the employers. The employers in the workplace constitute a valuable source of capacity to effectively implement the skills development legislation. SASSETA and PSIRA are the promoters and drivers of the participation of Private Security Service providers in skills development in pursuit of the 2014 vision. It is imperative that SASSETA and PSIRA, as proponents and catalysts of skills development, listen to the concerns raised by employers and continuously engage them as well as the intended beneficiaries, the workers. The research revealed that benefits of the skills development legislation will only be realised when critical elements such as prioritising the identified challenges and shortcomings are the focus. The study highlighted the need for industries to capacitate their employees to understand the intended benefits of training regulations and requirements. Developing management and leadership capacity, creating conditions that are conducive for skills development at the workplace, and building the capacity of Small, Medium and Micro Enterprises (SMMEs) through innovation and support were also identified as critical for successful implementation of policy in this regard. The need to train and capacitate leaders in corporate governance and financial management was also among the findings identified by the study. The findings will present an opportunity for scholars and researchers to debate and argue their merits and demerits which will in turn influence policy-making processes positively. / Thesis (PhD)--University of Pretoria, 2009. / School of Public Management and Administration (SPMA) / unrestricted

No description available.

This thesis presents a qualitative study investigating the understandings of social workers from non-statutory settings (health, hospital and mental health) of their assessment practices with children and families where child protection concerns have been identified. The study aims were to describe the considerations social workers identified as significant when undertaking such an assessment, as well as gain insight about how these considerations interact and relate. The study was developed under a constructivist paradigm influenced by post-modern and post-structuralist thinking. Data collection involved a semi-structured in-depth interview based on concepts drawn from reflective practice and the critical incident technique. The participants were asked about their agency, their role and a recent case in which they had undertaken an assessment. Data collection and analysis were consistent with constructivist grounded theory methods. Review of the literature suggests that social workers in statutory child protection practice and other settings consider factors relating to the case, themselves and their context in their assessment practice. Similar conclusions have been reached through this study. This study is unique in being the only qualitative study of social work assessment practices with child protection cases in non-statutory settings in NSW, to date. The study found that social workers identified a range of considerations as important in their assessment practice. These considerations have been grouped thematically as context, relationship, intervention, content and self, in the presentation of findings in this thesis. These themes interact and relate in ways that are unique to the individual assessment circumstances rather than in a regular or consistent manner. The findings of the study are relevant to social work practitioners, educators and researchers. The study furthers the understanding of social work assessment practice, and develops a clearer understanding and articulation of what is recognised and termed as ‘tacit knowledge’ or ‘practice wisdom’ in this particular area of social work practice. / Masters Thesis

In June 2007, the Court of Appeal in New Zealand disallowed the taxpayers appeal and decided that Trinity Scheme is a tax avoidance arrangement. The decision is significant not only for NZD3billion which is at stake but also for its jurisprudence on tax avoidance. This paper analyses the implication of Accent decision on the development of judicial approach on tax avoidance. Purposive approach of interpretation is codified in New Zealand since mid-19th century. Although New Zealand courts are not reluctant in using purposive approach in judicial reasoning, the final decisions rarely depart from literal meaning of the Act. The tension between general anti-avoidance provision and the specific provision within the Act has long been recognised by the court. The Court of Appeal in Accent proposed a judicial technique which would involve seeing tax avoidance cases in three different categories.

Statutory reserves in life insurance companies are required by regulation laws. Regulators monitor insurers’ statutory reserves to protect policy holders’ future benefits and ensure the insurers are financially healthy. The purpose of this report is to give a brief introduction to statutory reserves in life insurance companies. In this report, assumptions and valuation methods for statutory reserve valuations are explained and discussed. The comparisons between statutory reserves and GAAP reserves are also discussed. / text

In June 2007, the Court of Appeal in New Zealand disallowed the taxpayers appeal and decided that Trinity Scheme is a tax avoidance arrangement. The decision is significant not only for NZD3billion which is at stake but also for its jurisprudence on tax avoidance. This paper analyses the implication of Accent decision on the development of judicial approach on tax avoidance. Purposive approach of interpretation is codified in New Zealand since mid-19th century. Although New Zealand courts are not reluctant in using purposive approach in judicial reasoning, the final decisions rarely depart from literal meaning of the Act. The tension between general anti-avoidance provision and the specific provision within the Act has long been recognised by the court. The Court of Appeal in Accent proposed a judicial technique which would involve seeing tax avoidance cases in three different categories.

When a police officer exercises their statutory authority to use force against a member of society, and that force results in death, the public must have confidence that the police acted legitimately. The inquiry this thesis facilitates examines current police oversight law that purports to hold police accountable in circumstances of police-involved death in British Columbia. The research is motivated by two assertions: 1. The government’s response to reform the investigatory and legal processes for the determination of allegations of police-involved death is inadequate; the resulting police oversight regime is too complex, and fails to act in the public interest. 2. Oversight and law enforcement agencies limit access to the information required for families and the public to understand the circumstances of, and to fairly assess, alleged police-involved death. While this research does not anticipate a singular resolution to the complex and longstanding questions of police accountability in BC, it draws attention to an unresolved history of police un-accountability as a matter of public interest. Due to the complex nature of the legal framework, this research does not identify an exhaustive list of issues within policing law. / Graduate

No Abstract available / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted