ACN - 101321555 Australasian Human Research Ethics Consultancy Services Pty Ltd (AHRECS)

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Australasian Human Research Ethics Consultancy Services Pty Ltd (AHRECS)

“Reminder about service options and an easy way to pay AHRECS,” we say… aware of how corporate sleazy that sounds0

 

Dr Gary Allen, Senior Consultants AHRECS
Prof. Mark Israel
Prof. Colin Thomson AM
  
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Just in time for the end of the financial year (though we know many research institutions budget around calendar year), AHRECS has the capacity to receive payments by credit card. We thought this a good time to remind you of those of our services that lend themselves nicely to credit card payment.

In-meeting 30-minute professional development for HREC members ($900) – Workshops/briefings/guided discussion about your selected topic.  An easy way to tick the HREC member training box with minimum interruption to the work of a busy committee.  An experienced AHRECS team member will provide a PowerPoint with pre-recorded audio that could be played in a meeting (and retained for five years for viewing by absent and new members); the team member will ‘phone or Zoom into the meeting for Q&A/discussion. If so AHRECS can also record that component for your later use.

Access the new subscription area ($360) – Thank you to everyone who expressed interest and support for the new in-house subscribers’ area.  This is scheduled to go live in July/August.  By subscribing, you will get access to an impressive (and growing) set of HRE and RI resources that are Creative Commons so you can use them within your organisations as much as you want.

Bespoke webinar for your research community ($1500) – A one-hour webinar on a human research ethics or research integrity topic of your choice, tailored to your institution. The price allows for up to 200 attendees and provision of a recording for your later use.

3-hour orientation workshop for new RIAs ($2300) – Provide your new Research Integrity Advisers with a practical, topical and engaging orientation through this four-hour workshop.

Ten hours of on-call advice ($3400) – On-call advice can be used for both human research ethics and research integrity advice.  We can offer advice on everything from review feedback on a difficult application to commenting on a draft policy and providing advice on a tricky question with which the committee has been struggling.  In the research integrity space, we can suggest an appropriate investigation approach for an alleged breach, comment on a RI resource, or suggest references on a key topic.  The purchased time can be used in 15min, 30min, 1h, 4h and 8h blocks

Send an email to gary.allen@ahrecs.comif you have any questions.

The prices above exclude GST and a 2% credit card processing fee

Complainant anonymity in misconduct proceedings depends on the forum0

 

Prof. Colin Thomson AM, Senior Consultant, AHRECS

This news item, while identifying the fact that the decision relates to court proceedings and not to university processes, leaves out some informative facts.

Two members of the La Trobe academic staff lodged complaints about bullying by Professor Keyzer, whom the university suspended.  In turn, Professor Keyzer commenced proceedings against the university in the Federal Court to challenge the way it had handled the complaint. The complainants were not parties in these proceedings.  However, they sought to intervene in the case (Keyzer v La Trobe University [2019] FCA 646) to request that the court order that their names not be published.  They were represented at the hearing but both the university and Professor Keyzer were not.

The court needed to decide whether to allow the complainants to intervene in the case and, if they were allowed, whether there was a case to suppress their names in the court hearing and record.  The court allowed them to intervene but did not order suppression of their names.

The question of suppression of the complainants’ names raised, and was ultimately decided on, the fundamental difference between proceedings in institutional investigations and those in superior courts.  That difference is that publicity of court proceedings is seen to be central to the administration of justice in Australia, and characteristic of the English common law tradition that informs Australian court proceedings.

In concluding his comprehensive judgement, that contains a thorough account of the open justice principle at stake and the exceptions that have been permitted, Anastassiou J said:

I echo the sympathy expressed by Mahoney JA for the “great pain” that is often felt by those subjected to publicity surrounding court proceedings. However, the power conferred by s 37AF is constrained by the grounds under s 37AG and by the overlay of priority to be given to the public interest served by open justice pursuant to s 37AE. In my view, s 37AG(1)(a) makes clear that the public interest served by open justice may only be qualified where it is necessary in the strictest sense to prevent prejudice to the proper administration of justice. The legitimate personal interest of the interveners in maintaining their privacy in connection with the complaints process is not sufficient to conclude that the protection of their interests is necessary to prevent prejudice to the administration of justice.

The following is the text of sections referred to:

37AE  Safeguarding public interest in open justice

In deciding whether to make a suppression order or non-publication order, the Court must take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice.

37AF  Power to make orders

(1)  The Court may, by making a suppression order or non-publication order, on grounds permitted by this Part, prohibit or restrict the publication or other disclosure of:

    • information tending to reveal the identity of or otherwise concerning any party to or witness in a proceeding before the Court or any person who is related to or otherwise associated with any party to or witness in a proceeding before the Court; or

(b) information that relates to a proceeding before the Court and is:

(i)   information that comprises evidence or information about evidence; or

(ii)   information obtained by the process of discovery; or

(iii)   information produced under a subpoena; or

(iv)   information lodged with or filed in the Court.

(2)  The Court may make such orders as it thinks appropriate to give effect to an order under subsection (1).

37AG  Grounds for making an order

(1)  The Court may make a suppression order or non-publication order, on one or more of the following grounds:

(a)  the order is necessary to prevent prejudice to the proper administration of justice;

(b)  the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security;

(c)  the order is necessary to protect the safety of any person;

(d)  the order is necessary to avoid causing undue distress or embarrassment to  a party  to or witness in a criminal proceeding involving an offence of a sexual nature (including an act of indecency).

(2)  A suppression order or non-publication order must specify the ground or grounds on which the order is made.

Concluding observation

Within the scope of a university’s own investigation or disciplinary procedures, the assurance of confidentiality in internal procedures and policies can be relied upon. However, when proceedings in relation to staff misconduct are brought in an Australian superior court, such as the Federal Court or a State Supreme Court, the priorities among principles changes. In those courts, the principle of preserving the “proper administration of justice” is fundamental and has priority over the principles that governed the conduct of institutional proceedings. In such courts, the grounds on which exceptions can be made to that principle, such as orders that suppress the name of a person, as this case illustrates, are few.

This post may be cited as:
Thomson, C. (24  May 2019) Complainant anonymity in misconduct proceedings depends on the forum. Research Ethics Monthly. Retrieved from: https://ahrecs.com/research-integrity/complainant-anonymity-in-misconduct-proceedings-depends-on-the-forum

Requesting your input0

 

We’re preparing to work on a new version of the subscribers’ area, so we’d appreciate hearing your thoughts and ideas.

Some of you have told us you’d like to subscribe, but your institution’s accounting rules don’t allow for open ended online subscriptions.  Some subscribers have told us that it would be helpful if the listed items were better organised.

We agree, but the Patreon platform doesn’t provide the kind of flexibility to make these kinds of sensible changes.

So, we’re exploring the cost and logistics of creating a subscribers’ area we control. While we work out its details, the key changes will be:

  1. Institutions that wish to access the contents in the subscribers’ area will be sent a tax invoice for a 12-month subscription which would be paid by EFT or PayPal.
  2. The area will be structured in two sections (Human Research Ethics and Research Integrity) each with five subsections:
    1. Commentaries
    2. Professional development material
    3. Images
    4. Audio files
    5. Video files
  3. There will be tools to link to related items, profile items and search the library.

Subscribers to the existing Patreon service can move to the new service at the same level for the remainder of whatever time they have remaining, at no extra cost.

Because we suspect some users of the Patreon service may prefer to stay there, we plan to continue posting items to both Patreon and the new service.

Is the new service something you’d recommend your institution subscribe to?  Before we spend the money to build it, we’re hoping to hear at least 15 institutions are interested in-principle.  Please send an email to patron@ahrecs.com.

Travelling Consultants and Professional Development Roadshows0

 

Prof. Mark Israel plans to be in CANBERRA (2-3 April), SYDNEY (8-10 May), UK and Belgium (27 May-8 June), MELBOURNE (13 June) and Perth (22-26 April, 1-5 July) should any universities, health services or research organisations wish to meet to discuss their research ethics or research integrity needs with an AHRECS Senior Consultant.

Prof. Colin Thomson plans to be in CANBERRA (8-10 April), BRISBANE (30 April – 1 May).

Mark and Colin are also available to run professional development workshops for HRECs, academic or professional staff, in research ethics and research integrity including the changes to the National Statement and the new Australian Code.

AHRECS has other consultants based in those cities or who travel through regularly should these dates not be convenient. Of course, we also remain available by videoconference at other times.

Send an email to enquiries@ahrecs.com if you would like any further information.

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