The Law For Psychiatric Harm By Secondary Victims - Free Essay Example

Sample details Pages: 6 Words: 1675 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Critical essay Level High school Did you like this example? Critically analyse the way the courts have developed and limited the law in relation to claims for psychiatric harm by secondary victims. Date authored: 18 th August, 2014. Introduction This paper will attempt to analyse the development of the law regulating the negligent infliction of psychiatric harm to secondary victims. This area of law is one filled with uncertainty due to the various limitations that have been introduced in an attempt to restrict an expansion of potential claims. Don’t waste time! Our writers will create an original "The Law For Psychiatric Harm By Secondary Victims" essay for you Create order The Law Commissions has expressed its concerns in their report entitled ‘Liability for psychiatric illness, stating that â€Å"the common law has taken a wrong turn† [1] with respect to psychiatric injury. This paper aims to demonstrate the legal shortcomings surrounding psychiatric injury to secondary victims and how they have come to be. What is psychiatric injury and how is it established? The concept of psychiatric injury is, in itself, quite difficult to quantify. Indeed, when writing the Diagnostic and Statistical Manual of Mental Disorders, the American Psychiatric Association admitted that: â€Å"no definition adequately specifies the precise boundaries for the concept of ‘mental disorder† [2]. The wide scope of this concept has led to judicial activism in imposing control mechanisms preventing the opening of floodgates to litigation. However, as Lord Steyn famously observed, this activism has created â€Å"a patchwork quilt of distincti ons which are difficult to justify† [3]. The law has developed to only compensate those who suffer from a â€Å"recognised psychiatric illness†, as enunciated by Lord Denning in Hinz v Berry[4]. Such an approach is very restrictive when considering that medicine and psychology are ever-developing disciplines. The reason behind a requirement of ‘recognised medical condition is the judiciarys attempt to limit claims. Alcock v Chief Constable of South Yorkshire [5] proved to be useful precedent in doing so. Indeed, the case illustrated judicial control mechanisms restricting potential claims, including: the existence of a relationship between the claimant and the victim of physical harm; proximity of space and time between the claimant and the event (or its immediate aftermath); sudden shock suffered by the claimant; and a perception of the event with their unaided senses. Although at a first glance these mechanisms may appear innocuous, when examined individually they prove to be restrictive and perhaps unreasonably insular. Establishing a relationship between the claimant and a victim Requiring the claimant to prove a relationship of close ties of love and affection between them and a victim of harm has been the subject of much debate. Although Lord Keith in Alcock[6] determined what such a relationship may consist of, the circumstances under which it is presumed are limited, excluding siblings and cohabitees, among others. Cons idering that the law must promote what is â€Å"fair between one citizen and another† [7], is it right to deny compensation to an unmarried claimant who has lived with their partner for several years? The injustice is further highlighted through the exclusion of rescuers from bringing claims for psychiatric injury, a rule controversially established in the cases of White v Chief Constable of South Yorkshire [8]. The result is a denial of protection to those who risk their lives to save others. Yet, the courts have used public policy considerations as a defence to these control mechanisms, forming a powerful limitation on the imposition of liability. Proximity of space and time between the claimant and the event Furthermore, in finding liability for psychiatric injury it is necessary to prove a physical proximity between the claimant and the event. This need to establish proximity is, once more, a matter of policy, limiting claims to only those who have witnessed the event or its immediate aftermath. As the law used to stand, the claimant had to witness the actual event[9]. However, following cases like McLoughlin v OBrian [10] , and the concept of ‘immediate aftermath, this rule appears to have become increasingly relaxed. It should be noted that over active judicial intervention in this area might not increase fairness, as Michael Jones comments, â€Å"Liability for psychiatric illness should not depend upon the race between the plaintiff and the ambulance† [11]. However, the term ‘immediate aftermath has been the cause of confusion and uncertainty. In Alcock the court held that the passing of 8 hours meant that the ‘immediate aftermath criterion was not satisfied. Establishing such a precedent meant there was a limited time frame for which a person could claim, further restricting access to justice in this area. Indeed, in Lord Olivers words: â€Å"the concept of ‘proximity is an artificial one which depends more upon the courts perception†¦ than upon any logical process of analogical deduction †[12]. Such a statement is evidenced by the controv ersial case of Ceri Ann Walters v North Glamorgan Health Authority [13] where a woman was allowed to successfully claim for nervous shock 36 hours after the death of her son. Although the Court of Appeal insisted that this case was not to be treated as a change in the law, it made clear that the requirement of proximity is not applied coherently. If the criterion was indeed of temporal proximity it would be clear cut – if the claimant witnesses the aftermath of the event outside a specified time frame then they are barred from claiming. Yet, the courts have not applied the rules in a uniform way, leading to a lack of certainty as to how the term ‘immediate aftermath will be applied on any given day. Sudden shock to the claimant In an attempt to prevent a flood of litigation, the courts have imposed a further requirement that the claimant suffer a sudden shock. However, such a test fails to take into account that people react to shocking situations differently. Equally, it is rare for shock to arise as â€Å"a rabbit punch to th e nervous system†[14] and the law has failed to keep pace with medical opinion in this area. Alcock went on to define nervous shock as â€Å"the sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind† [15]. Yet, requiring proof of sudden shock may not always lead to just outcomes, considering people may have different perceptions of and reactions to like events. Indeed, in Sion v Hampstead Health Authority[16] a father who watched his son die over 14 days was denied compensation due to a lack of sudden shock, illustrating the extent of injustice caused by such a requirement. Witnessing the event with ones unaided senses Aside from sudden shock, a claimant has the burden of proving that they witnessed the event â€Å"through the medium of the eye or ear without direct contact† [17]. Satisfying such criteria may be troublesome for those who hear of the event in question from others and are not present at the scene. Indeed, it seems unfair that a mother, having gone into shock from hearing about her childs death could fail in her claim. Winfield and Jolowicz have stated that the legal principles surrounding psychiatric injury present â€Å"the law with the most profound problems and it has only kept it under control by drawing a series of arbitrary lines† [18]. However, the courts continue to enforce these arbitrary rules by putting forward a defence of public policy in favour of limiting potential claims. Public policy arguments against extending liability for psychiatric injury to secondary victims The unchanging and confusing state of the law governing psychiatric injury to secondary victims can be wholly attributed to the overuse of public policy arguments. In Anns v London Borough of Merton[19] Lord Wilberforce stated that it is â€Å" necessary to consider whether there are any considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed †[20]. Indeed, such reasoning has become an essential element when determining whether liability should be imposed and the courts have increasingly used it to prevent claims being brought. Furthermore, in White, the court made it clear that justice must be seen to be done by the public. Lord Hoffman stated that the greatest consideration is whether the public â€Å" would think it wrong that policemen†¦ should have the right to compensation for psychiatric injury out of public funds while bereaved relatives are sent away with nothing †[21]. Yet, the courts overzealous attempt to satisfy public opinion means that potential injustices are overlooked in favour of policy. Indeed, despite judges like Lord Lowry expressing concerns about public policy considerations acting to defeat good claims [22], the floodgates argument remains as strong as ever, placing heavy restrictions on potential claims. Public policy ar guments continue to shape the law governing psychiatric injury, causing uncertainty as to which claims can be successful. Conclusion The control mechanisms used by the courts in establishing psychiatric injury to secondary victims are overly exclusive and judicial discretion in applying them has created confusion and uncertainty. The present state of the law in this area can be attributed to the courts constant reliance on public policy arguments. The developments in this area of law have neither followed developments in the field of psychology nor modern consensus on allowing such claims. Equally, it can be said to have put the law into a position which is beyond saving through judicial intervention. As the Law Commission noted, â€Å"the common law has taken a wrong turn† [23] and it is this authors opinion that reform is necessary to restore fairness and justice to an area of law beset on all sides. [1] Law Commission Report No. 249, March 1998, para 4.2 [2] American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Washington, DC, American Psychiatric Association, 1994, at xxi [3] White and Others v Chief Constable of South Yorkshire and Others [1999] 2 AC 455, at 500 [4] [1970] 2 QB 40, 42 [5] [1992] 1 AC 310 [6] Ibid, at 397 [7] White (n. 3), at 511 [8] Ibid [9] Bourhill v Young [1943] AC 92 [10] [1981] QB 599 [11] M Jones, Liability for Psychiatric Illness – More Principle Less Subtlety [1995] WJCLI 4, at 9 [12] Alcock (n. 5), at 411 [13] [2003] PIQR 16 [14] S Allen, Post-Traumatic Stress Disorder: The Claims of Primary and Secondary Victims (2000) JPIL 108 [15] Alcock (n. 5), at 387 [16] [1994] 5 Med. L. R. 170 [17] Bourhill (n. 10), at 103 (Per McMillan LJ) [18] W Rogers, Winfield and Jolowicz on Tort (16th edn, Sweet Maxwell 2002), at 189 [19] [1978] AC 728, at 752 [20] Ibid, at 510 [21] White (n. 3), at 510 [22] Spring v Guardian Assurance [1995] 2 AC 296, at 326 [23] Law Commission Report No. 249, March 1998, para 4.2

The Conflict Of The Democratic Republic Of Congo - 1410 Words

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Recent reports from world bodies such as the United Nations indicate that a majority of the cases of sexual violence reported in the DRC are inexplicably linked to the ongoing armed and civil unrest in the Congo. The east ern parts of Congo that border Rwanda, i.e. North and South Kivu regions are reported as having been the most affected by the continued violence against women. This research paper seeks to argue that the violence against women in the Congo reflects a systematic, colonial-style gender based discrimination and violence against the female gender as it relates to space and power. Violence against Women in Relation to Space There can be noShow MoreRelatedEssay on Conflict, Disarray, and War in Democratic Republic of Congo913 Words   |  4 Pagesviolent mass conflict between two or more armed forces or actors in warfare. 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Buyer Behavior Free Essays

string(163) " also a source of influence as one gets the information from friends and relatives, public sources like adverts, consumer reports, comparison during shopping etc\." Consumer behaviour is commonly described as the study of the factors that determine purchase of consumer goods. The analysis of such factors attempts to find out why, when, where, how and what individual do or don’t to purchase certain goods. Generally it is very difficult to evaluate how people come to make certain decision though peripherally it appears to be obvious. We will write a custom essay sample on Buyer Behavior or any similar topic only for you Order Now For this reason, researchers have affirmed that there are several elements that play part in the overall buyer behaviour and cover a variety of subjects including sociology, psychology, anthropology, and economics among others. The customer needs and requirements are the central determinant of the purchase of goods, however with the current development in technology (communication and diversity of production), people have a variety of choices to pick from and for one to be able to win customers, he/she should produce the products that meet the specific customer demands, affordable and are convenient. Manipulating the customers psychology can be of great impact on the business as one can perceive what the customers want and design exactly that and therefore win a lot of customers. Buyer Decision Making The marketers are usually faced with great problem when designing the most appropriate promotion strategy to win customers to their businesses. This calls for research to find out the consumer behaviour so that market planning can be properly design (Klopper et al 2006), Unilever for instance, have constantly used its logo on all the goods because the reputation of the company is well known and intimately associated with the logo. The decision making process of the customers is the main focus because this is what determines whether the customer will purchase the product or not (Dibb Simkin 2001). It also assists to design the marketing plan. Marketing is a very important aspect of business venture since the main aim of any business is to make profits. The process of planning and implementing the concept of price, promotion and supply of products and services is very complex and requires a plan; market planning. Marketers use a variety of means to describe how, when and where information on a product is presented to the customer. The purpose is to convince the customer to purchase the product and successful market plan creates the wish to buy hence the marketer needs to understand the likes, dislikes and expectations of consumers (Shaw Semenik 1999). Market plan assess the customers in terms of demographic variables and behavioural changeable aspects. Research from previous has indicated that the consumer purchase behaviours are usually predisposed by the following factors; personal, psychological, cultural and social factors. It has been found that the interaction of these factors influence the customers to develop certain characteristic behaviour like brand preference or product loyalty. These factors are therefore very important for the marketers because they can use them to manipulate clients and end up with a lot of customers coming for their products or services. Though most of the factors cannot be directly manipulated by the marketers, understanding of the buyer decision process and the impact of these factors on the customers can be very beneficial in developing a marketing mix for their business and designed to appeal to the preferences of the target clients (Dibb Simkin 2001). It has been established that before the purchase of a product or service, a customer goes through a process of making a decision. For easy understanding and analysis of the process of decision making, the process has been categorized into five stages; recognizing the problem, looking for other information, analysis of alternatives or substitutes, the actual buying decision and post buying behaviour (Shaw Semenik 1999). The duration of the decision making process always very depending on personality and this range is described from the routinely buying practice to some degree of problem solving and more wide-ranging and far-reaching problem solving dealing. Due to interaction and the increase in communication technology, consumers get to exchange information and also get a variety of data from different sources which mean there is a lot of external influence on the decision one makes. For these reason, people do not act in seclusion in the buying process rather, their decision id influenced by several factors and people in the environment. The amount of influence gets complicated in the buying decision when a lot of people get involved and hence does the purchase decision by the customer (Howard Sheth 1999). The decision to purchase and the actual purchase is powerfully controlled by the cultural, social, psychological and personal distinctiveness. These factors can be blended and used by a marketer to create the correct appeal for the customers. The decision making process can hence be interfered with at different levels and the outcome could be that the customer gets to by the product without too much complexity (Shaw Semenik 1999) Problem Identification: this is the difference between the perceived ideal desire for something and the actual situation of having to obtain the product. If the difference is greater enough, it is likely to evoke purchase of the product and this is described as the deficit in assortment of goods. For instance, a feeling of hunger is likely to inspire purchase of food because hunger can stimulate someone to eat. In this way, a company like Unilever can utilize this first step and stimulate purchase by an advert that create the idea that a customer is deficient, like the need to be beautiful using the Dove beauty products. This can inspire one to purchase dove as the ads usually uses model. Search of Information: this is a ways of obtaining information about the product about to be purchased and it is usually done in two ways i. e. internal search and external search. The internal search is when somebody relies on memory to remember past encounter with the product or the brand; this is usually used for regularly purchased goods and services. The external search is also a source of influence as one gets the information from friends and relatives, public sources like adverts, consumer reports, comparison during shopping etc. You read "Buyer Behavior" in category "Papers" when a marketer clearly understands the importance of this stage in the purchase decision, he or she can present a lot of information (marketer dominated) in items like adverts, salesmen, website among other (Dibb Simkin 2001). If Unilever uses several adverts that will capture the customer’s eye, it is likely to be remembered during this stage of decision making and leads to a positive response when one has to buy dove beauty products. Analysis of Substitutes (alternatives): this is the stage when the customer gets to set the criteria for buying. Under correct understanding of the decision making process, marketer can be able to establish brand name reputation and these brand name could easily fall in the clients criteria (Klopper et al 2006). Another important aspect here is to develop and win the customer worth notion. Unilever logo is very popular and since the reputation of the company is well established, it can form a very good basis for marketing against competitors like Lux, Lava and Ivory. The Buying Decision: a purchase decision is very critical to both the marketer and the client especially where to buy and is usually based on term of sale, previous knowledge of the product from the seller and return policy. When to purchase can be determined by appropriateness of the shop, store atmosphere and the time factor (Howard Sheth 1999). Other factors in consideration when marketing include the product type, mode of packaging, and the means of purchase (online or physical etc). The Actual Buying: this can be altered by product availability and therefore, for a company to win customers over there competitors, they should ensure that the products are always in the stores (Klopper et al 2006). Post Purchase Analysis: after acquiring the product, customers usually make comparisons of the actual effects and the expected outcome. From these, the product can be concluded as being satisfactory or unsatisfactory. Many companies are working very hard to ensure positive post purchase impact which will result in repeat purchase (Howard Sheth 1999). Unilever can use follow up calls and sales people to convince the clients that they made the correct decision. This will help to manage the cognitive dissonance that is usually experienced and is characterized by tense moments and feeling of anxiety. Consumer Behaviour Theories Consumer behaviour theories are attempts to give explanations as to why customers usually behave in a certain way and not the other and is basically the basis used by marketers to make their marketing mix in what is called marketing theory. The basic buyer behaviour theory was postulated by Abraham Maslow, and this was based on the priority or the necessity of products and services and it mainly applies to the consumer goods. The second theory applies to merchandise or the industrial goods. This theory addresses the typical behaviour of buyers of organisational products or merchandise for business (Howard 1993). Essentially, there are four characteristic types of buyer behaviour as explained by the buyer behaviour theories and the categorization is determined by the kind good or services intended for purchase. The aim of the theories is to give answers to the following questions about customers; who? How? When? Where? And why do they buy? The buying behaviours are (Howard 1993); 1. Complex behaviour- this is the situation where a customer buys very expensive brand and inquires for more information prior to real purchasing. 2. Habitual buyer – this is when a client gets used to buying certain goods and regularly purchases them as a habit like newspapers etc. 3. Variety seeking behaviour- this is when the customer develops the habit of shopping around for purposes of making comparisons and experimenting new products. This kind of client can shop different brands of the product say bread, cosmetics etc. 4. Dissonance reducing behaviour- these are buyers who get to do shopping because it is tasking or occasional. There is not greater influence by characteristics like branding, for instance the purchase of a gold chain. Maslow’s Hierarchy of Needs Theory This theory explains what motivates people to purchase goods and the analysis is based on the priority or rather the necessity of the products or services to be purchased. In his theory, Abraham Maslow suggests that people will target to meet their primary needs first which include hunger and thirst (this is psychological classification) (Howard 1993). When these necessities are adequately satisfied, then the individuals can move to the next step of the hierarchy, i. e. the safety requirements where main concern is the job security and the assurance that they will have regular income. The social needs come next and they are the need to be loved, this is a general human yearning and individuals will work hard to attain this sense of belonging. Self esteem comes next and this is the need to be recognised in terms of status quo and social class in the society, e. g. wearing branded shirts. Self actualization is the top most level of human needs and it is when an individual has achieved the most out of life, a point of life fulfilment (Howard Sheth 1999). One can wonder that how can this concept help Unilever to market its products? Generally, marketing is meant to ensure that goods are sold and that they meet customers’ demands. The Maslow theory suggests that the individuals need keep on changing as they strive along hierarchy of needs to achieve self actualization. Unilever stores can store products that meet the esteem needs (particularly Dove beauty products). This concept is therefore very important to marketers (Dibb Simkin 2001). The theory of buying merchandise is more like the Maslow’s theory only that it does not include so much of the behavioural aspects. The theory works at macro-level and does not take into consideration how the retailers manage their business, the profits and hence it is of no big use to Unilever Company. Recommendations and Conclusions The two important marketing strategies are developing a marketing plan and carrying a market research. Developing the format of a marketing plan is the first step in making a marketing strategy. The plan should include; the objective and business mission; situation Analysis; the aims of the marketing strategy; strategic and tactical procedures; the budget and means of analyzing performance; and contingencies. The first step is to describe the challenge i. e. product to be marketed; in this case, the products are sandwiches, cold and hot drinks. Situation analyses include several aspects, competitor analysis, SWOT analysis, company analysis and customer analysis (consumer behaviour). Customers are a very critical element of any business venture and during market planning it is very important to carry out a market research about customer information including purchasing habits, type of customers, number of customer, and concentration of customers centre for certain products etc. Competition can be overcome by optimizing on the opportunities, maximizing the strengths and eliminating the weaknesses. All these are obtained through market research analysis of market segmentation and position. Unilever can greatly influence customers to purchase Dove beauty products by the process known as market concepts which can be derived from buyer behaviour. References Dibb. S Simkin L. (2001). Marketing Briefs. A Revision and Study Guide. Butterworth-Heinemann Howard J. A (1993). Marketing: Executive and Buyer Behaviour. Columbia University Press Howard J. A Sheth J. N (1999). The Theory of Buyer Behaviour. Wiley Klopper H. B et al (2006). Marketing. Fresh Perspectives. Pearson South Africa. Shaw R. T Semenik R. J (1999). Marketing. South Western Publishing Company. How to cite Buyer Behavior, Papers

Discourse Cultural Politics of Education

Question: Discuss about the Discourse Cultural Politics of Education. Answer: Introduction: ACARA has expressed that an Australian curriculum would be contributing to the stipulation of a world class edification in Australia by setting out the information, indulgent and skills essential for life and effort in the twenty first century and by situations in frequent high standards of attainment athwart the country (ACARA, 2013). The following essay is going to analyse the mode of national curricular structure in Australia. The focus of the essay is going to be on the primary and the secondary schools in the country. The Assessment and Reporting Authority develops, designs and reviews the Australian curriculum.. Schools in Australia have been undergoing different phases since the age of colonisation in the country. In the beginning period, the schools were segmented into major three categories. These are the catholic schools, the government schools and the private run schools (White, 2014). The divisional categories of the schools somehow created an economic class division in t he Australian society. However, the major issues of national curriculum in the country have been pertaining to the funding. Governments initiative to provide substantial and adequate funds in the government schools have been much talked about. The essay is going to cover the entire process of curricular structure in all modes of Schools in Australia. Since 2014 the all the kindergartens in the country have been taken under the national curriculum of Australia. However, introduction of the national curriculum in Australia has raised several questions pertaining to its authenticity because it was not introduced in a straightforward matter (Thomas, 2015). In the year 2014, the Australian Government declared that there would be an independent review on the Australian Curriculum in order to ensure independence and prowess of the framework. Earlier, the curricular structure in the country used to differ according to the schools and their ownership and location. In the year 1962, Goulburn Strike foresaw that the academic structure of the country was going to be changed and brought under the same shade (Ditchburn, 2015). Before, the emergence of the twenty first century, the Australian schools were categorised into major three segments- depending on ownership and authority- these were the schools run by the Catholic Church, the schools run by the Government and the schools run by the private owners. However, most of the schools sought for government- specifically public funding. Lack of funding in the public (government) schools entailed poor academic infrastructure and lack of cohesive study. In the catholic schools, the students were tau ght the religious scriptures more than science and modern social study (Lynch, 2014). Fortunately, Goulburn Strike of 1962 gave way to the formation of Australian schools Commission in the nineteen seventies. In the later years, the public schools were relieved from the problem and tension of proper funding, however, the funding was only done by the Federal Government whereas it was supposed to be implemented by the provincial governments who could took better care of the public schools. With the ultra capitalist mindset of the Commonwealth Government in Australia, the private or other non-government schools received ample aid and funding whereas the public schools kept suffering from the poor academic and curricular facility. This was highly criticised by the Australian Labour Party. The commission head Gonski, who reviewed the contemporary situation and recommended funding systems for the public schools, looked after Reformation in the mode of funding in the public schools in Australia. Gonski Review recommended increase of funding in a heterogeneous way to the scho ols. (educationtoday.com.au, 2017) Despite extremity in the funding, the schools did not experience better learning opportunity. Several critics argue that funding does not bring in proper infrastructure in the schools. It needs pedagogical and teaching reformation. This concept entailed the notion and idea of free learning. According to the constitution, the responsibility of the schools in the country ought to be shouldered upon by the state and territory governments. Therefore, the state and territory governments invigilate the rules and regulation pertaining to the school education, funding and administration. Introduction and establishment of the Australian Curriculum in the academic institutes has been a phenomenal initiative by the Australian government. It is, no doubt, a joint venture of all the provincial and territorial powers. Having departed from the entire concept of sole funding method in the schools, the Australian Curriculum has now emphasised upon the external and internal development of the students through solid academic support from the government. ACARA has reviewed that fund was not the ultimate way to generate academic interest among the students or other greater masses. Funding could not be the foundation for education; rather knowledge was a better substitute. Incorporation of knowledge, discipline, competency, standard, assessment and reporting became the pillar of academic institutes under this particular initiative (Review of the Australian Curriculum, 2017). Australian Curriculum has been designed in different structures: Learning F-2, Learning 3-6 and Learning 7-10. The main objective of the implementation of Australian Curriculum was to provide a global learning opportunity to the students and build innovative pedagogy among the teachers. There are some disciplinary segments in the learning areas of the national curriculum. It is nothing but a firm amalgamation of knowledge, skill and understanding of cross-curriculum priorities and general capabilities (australia ncurriculum.edu.au, 2017). The Australian Curriculum highly differed from the conventional method of supporting school education. Now the schools focused on acquiring better teachers who could generate competency in a student. Individual development became the focus of the initiative. This endeavour relieved the schools from a problem of academic differentiation. Due to verities of teaching and examination method, the students would suffer the most while shifting from one state to another state. The concept of one nation one curriculum was generated in order to omit the complexities in diverse curricular system. The national document of Australian Curriculum was written focusing on two sections in the Curriculum Development Process v6.0 and the Curriculum Design Paper v3.1. The documents regarding the development of the Australian Curriculum has four major phases namely shaping, writing, implementation, monitoring, and evaluation. Though the government took the initiative, it has witnessed a huge setback in term of implementation. The reason behind such lacuna was sudden change in Government. The new commonwealth government formed a committee to review the existing curriculum directions in a critical way (aph.gov.au, 2017). It has been experienced that constant flux in the national curriculum in Australia has adversely affected the primary and middle school teachers. Since the major responsibility of educational reformation lies on the shoulder of the state and territorial governments, most of the regional authorities are found to implement their own approach towards educational reformation. Development of C2C by the University of Queensland is an example of such independent endeavours taken by the state governments. The introduction of Australian curriculum in the national academic sectors of the country has brought many ramifications with it as it has provided many opportunities to all sorts of stakeholders. Internal stakeholders of the schools such as the teachers, the students and the administrative personnel are directed to apply the national curriculum in different academic and pedagogical levels so that overall development of the students is executed and generated through empirical study method. The Australian curriculum ensures that every student, irrespective of region will receive equal academic service with similar syllabi and teaching method. The curriculum follows the teaching and academic technique of the twenty first century as it broadens the scope of knowledge procurement through e learning and interactive sessions. One of the most effective programs initiated for the vindication of Australian Curriculum is the implementation of NAPLAN (The National Assessment Program- Literacy and Numeracy) test. NAPALAN test is set to assess the basic eligibility of the students pertaining to the learning of language and number. The assessment result of NAPLAN leads to the judgment of ones foundation to advance learning (NAPLAN, 2017). However, there always remains a question regarding proper implementation of the proposed structure of the assessment and the assessment review. Whether the students are actually judged, whether contextual development programs are formed- are always in doubt. Since teachers are the most effective force in the classroom in providing better curriculum opportunities to the students, the governing authority needs to confirm cent percent involvement of the teaching faculties in accepting technological advancements inside the classrooms. Here lies the issue of lacuna between technological implementation and acceptance in the classrooms. Most of the old school teachers are found to reject the implementation of ICT (Information and Communication Technology). Such rejection of modernity in the classrooms, especially in the junior and middle schools often creates a huge gap between the objective of Australian Curriculum and its practice. The following diagram shows different dimensions of the Australian Curriculum. Australian Curriculum has been formed in order to meet student diversity. Standing on the twenty first century, Australia has become a global hub of higher education. The foundation of higher studies and academic quality is solely dependent upon the pedagogical and formative excellence in the middle and junior schools. The national curriculum of the country does not only focus on the native Australian students, it also puts equal emphasis on those who arrive to the country in order to gain knowledge and facility of world class education in different genre. A critical view to the overall incident may incur huge argument because of lack of prudence in the action of the formation of ACARA. Only one phase if Australian Curriculum was implemented and before any further implementation, it was put under review. Such indecisive approach to the education system is highly commendable. ACARA reviews are seen to have raised questions instead of giving proper solution to them. The purpose of the Australian curriculum is to set a paradigmatic example in every sphere of academic activity. The curriculum does not intend to reject or hinder any student from enjoying global academic facilities. The national curriculum extensively adheres to the terms and regulations of The Disability Discrimination Act of 1992. The curriculum has set a standard for the physically challenged students. It shall be the obligations of the academic providers and facilitators like the teachers, the Principals and other educating factors to approach every student on the same b asis. Present day structure of the Australian Curriculum is multi-dimensional. The authorities and the educators are highly obligated to advance the potential of every student. This is how the objectives of the curriculum can be met. Reference: ACARA - Curriculum. (2017). Acara.edu.au. Retrieved 4 April 2017, from https://www.acara.edu.au/curriculum aph.gov.au. (2017). aph.gov.au. Retrieved 4 April 2017, from https://www.aph.gov.au/binaries/library/pubs/bn/sp/schoolsfunding.pdf Ditchburn, G. (2015). The Australian curriculum: Historythe challenges of a thin curriculum?.Discourse: Studies in the cultural politics of education,36(1), 27-41. educationtoday.com.au. (2017). educationtoday.com.au. Retrieved 4 April 2017, from https://www.educationtoday.com.au/_images/articles/pdf/article-pdf-1005.pdf F-10 overview - Structure - The Australian Curriculum v8.3. (2017). Australiancurriculum.edu.au. Retrieved 5 April 2017, from https://www.australiancurriculum.edu.au/overview/structure Lynch, T. (2014). Australian curriculum reform II: Health and physical education.European Physical Education Review,20(4), 508-524. NAPLAN. (2017). Nap.edu.au. Retrieved 5 April 2017, from https://www.nap.edu.au/naplan/the-tests Review of the Australian Curriculum. (2017). Students First. Retrieved 4 April 2017, from https://www.studentsfirst.gov.au/review-australian-curriculum Thomas, V. (2015). The Australian Curriculum: Secondary considerations.Learning to Teach in the Secondary School, 86. White, S. (2014). Union responds to Australian curriculum review.Newsmonth,34(2), 5.