The Fate Of Humanity Is Today Essay - 1433 Words

â€Å"A child is a person who is going to carry on what you have started. He is going to sit where you are sitting, and when you are gone, attend to those things you think are important. You may adopt all the policies you please, but how they are carried out depends on him. He is going to move in and take over your churches, schools, universities and corporations. The fate of humanity is in his hands† - Abrahm Lincoln Introduction A nation is what its citizens are. The destiny of a nation is totally in the hands of its citizens. Equally true is the fact that today’schildren are tomorrow’s citizens. They deserve proper care in terms of health, nutrition, ethics, spirituality and education. When a child is young he cannot distinguish between what is correct and what is incorrect, what is wrong and what is right, what is good for him and what is not. It is at this stage that he deserves constant guidance at every step. Gradually as he matures, he can distinguish between what behavior is expected of him and which behavior shall not be accepted by the society. This generally happens when a child has reached the adolescent age. Adolescence comes with its own problems and peer pressures. The parents have to be more careful at this particular stage because the child is now entering into a different world altogether believing himself to be mature. He tends to be rebellious, secretive and a little closer t o his age mates whom he calls his† friends†. 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Citizenship the inderviduals and society Free Essays

Some differences within equality include: Age Disabilities Gender Gender reassignment Sexual orientation Marriage and civil partnership Pregnancy or maternity Race Religious beliefs There is now a variety or legislations in place in order to make sure people re employed or in some cases not, purely on worth and qualifications and not because of their age, gender or race. Despite these being in place there is still significant inequalities, some examples of this would be: The importance of equal opportunities in society Unemployment in ethnic minority communities is, on average, twice the rate in white communities and members of ethnic minority groups find it twice as hard as white people to secure jobs. – Black and Asian people are 16% more likely than white people to be highly qualified, but highly qualified black and Asian people are more than twice as likely to be unemployed as white people. We will write a custom essay sample on Citizenship the inderviduals and society or any similar topic only for you Order Now Black and Asian people are 16% more likely than white people to be highly qualified, but highly qualified black and Asian people are more than twice as likely to be unemployed as white people. There are thousands of cases every year and many are not reported. Woman, despite the passing of the sex discrimination laws almost 30 years ago, hold fewer than of the most senior jobs in public life. % of the country’s top business leaders and national newspaper editors are women. But women account for 45% of the workforce and 30% of managers. The public sector is a leader in the area of equal opportunities and they expect their public services to lead from the front. The public services are encouraging the elimination of discrimination within the services. Then to promote good relations in local community and to ensure their workforce reflects this. It is also important for the public services to recognize that different backgrounds and cultures and that this will affect what they need from them as a service. The importance Of equal opportunities in the public services # The public services have a legal and moral responsibility to eliminate discrimination within the service and to remote good relations between them and the population in its local community. The public services should ensure their workforce reflects the communities it services. It is important that the public services understand that the public have different backgrounds that affect what they need from them. UP: Illustrate how equal opportunities are enforced in the UK with reference appropriate legislation The equality act was enforced in October of 201 0, this new equality act replaces all previous legislations, in a single law making it easier to understand and strengthens prevention of discrimination. It also helps by setting out the different ways in which it’s unlawful to treat someone. The Equality Act 2010 covers nine protected characteristics, making it unlawful to discriminate on the grounds of: Age Disability Gender reassignments Pregnancy and maternity Religion or belief The act covers the fields of: Employment Facilities Goods and services Admission and treatment of students Most sign efficiently the extension of the public sector duty to promote equality of opportunities. Human rights act 1998 Your human rights are: 1. The right to life 2. Freedom from torched and degrading treatment 3. Freedom from slavery and forced labor 4. The right to liberty 5. The right to a fair trial 6. The right not to be punished for something that wasn’t a crime when you did it 7. The right to respect for privet and family life 8. Freedom of thought, concise and religion, and freedom to express your beliefs 9. Freedom of expression 10. Freedom of assembly and association 11. The right to marry and to start a family 12. The right not to be discriminated against in respect Of these rights and freedoms 13. The right to peaceful enjoyment of your property 14. The right to an education 15. The right to participate in free elections 6. The right not to be subject to the death penalty The Equality Act 201 0 The Equality Act 201 0 simplifies the current laws on discrimination and unfair treatment and puts them together in one piece of legislation. The Equality Act 201 0 covers nine protected characteristics, making it unlawful to discriminate on the grounds of: 1. Age 2. Disability 3. Gender reassignments 4. Marriage and civil partnership 5. Pregnancy and maternity 6. 7. Religion or belief 8. Gender 9. Sexual orientation Most significantly the extension of the public sector duty to promote equality of opportunities. The freedom of information act 2000 Personal information – you are entitled to see information held about you. Official information – you are entitled to request official information held by public authorities, including government departments, local authorities, hospitals, schools and police forces. Public sector equality duty, the general duty: The new public sector equality duty is expected to cover all of the protected characteristics apart from marriage and civil partnership and will require public sector bodies to have due to regard to the need to: Eliminate unlawful discrimination, harassment and visitation Advance equality of opportunities between different age groups; and Foster good relations between different groups Public sector equality duties, the specific duties public bodies are required to: Be open to how they have engaged with people as part of their work towards fulfilling the aims of the equal duty Demonstrate how the impact on equality has been assessed in the design if key policies and service delivery initiatives Proactively consider the equality requirements of every contract they tender The specific Duties public bodies are required to: Develop and publish equality objectives how they intend to achieve them (to e renewed at least every areas) publish a ra nge Of equality data relating to their workforce and the service they provide on an annual basis Need to public their gender pay gap figures and their employment rates for black and minority ethnic staff and disabled staff on an annual basis UP: Explain the different ways in which public services have supported society Some examples of the public services as employers supporting equal opportunities are: Creating coherent race equality and diversity policies across the service this shows that the public services have got clear rules of what they will and ill not stand for within equality and racism. They also have a no tolerance approach to bullying within the work place and support groups for people of different backgrounds and beliefs. Have selection processes designed to include not exclude – this includes having recruitment adverts to appeal to all, not to exclude different types of people. They have also got to be seen as setting an example for other employers and therefore have to have a noticeable variety in they people thy employ. Individual religious beliefs can be catered for, for example Sikh men can wear turbans as part of their inform, and Muslim women can wear hajjis and ankle length gowns while on duty – this shows that the services are willing to adapt to meet the needs of people. They also allow time off to attend religious festivals and days can be granted. There are also provisions prayer rooms and special diets. Ensuring premises are accessible to people with different disabilities and provision is made for people with hearing or sight disabilities – this includes having wheelchair ramps and automatic doors, for disabled accesses. As well as having the appropriate measures in place for people with disabilities such as sight or hearing. Although these are just a few examples of the wide range of things that this act covers, and all of these examples are supported by the 201 0 equality act, in addition they support equal opportunities. How have the public services helped society? Are service – the fire service help society by acting as a first response during accident and emergencies, some examples of these would be Art’s or house fires. The fire service also helps to educate people about fire and safety; they achieve this by going into local schools and businesses they also go to public areas and give out fire alarms. Police force ; The police force help society in a rarity of ways depending on different things, for example location, although the typical responsibilities include keeping the peace, law enforcement, and investigation of crime. Navy – The role of the navy is to help society by protecting the country by controlling and protects the seas this is so that a country can use them for economic growth; they also work as a support network for the military, and are also there to help to protect power, using marine forces. UP: Demonstrate the different ways in which public services have affected society Statutory and non-statutory public services can have a age impact within society and on one another, some examples of these include: Community support, this could be doing things like education for schools or some more challenging tasks Acting as a force group to encourage change They can also campaign for increased resources and therefore support the community better, although people think that this should not be the role of the services Influence and to encourage the government to change or bring in new laws Give the government advice about social issues such as knife crime Support and campaign issues that people may not otherwise be aware of The media A collective term for the ways in which both Statutory and non-statutory service communicate information this is made up of types of communication such as the newspaper, television, radio, internet/ social networking, books, journal articles and service magazines. Public services used media in many different ways like appealing for information, safety warnings, improving their public image. Also the way that the media portray the services affects this too as if they focus more on negatives such as deaths in custody then this may cause some resentment and anger towards them. How to cite Citizenship the inderviduals and society, Papers

ASIC v Vizard - Brief Case Study

Question: Discuss about the ASIC v Vizard. Answer: Introduction: On 4th July 2005 ASIC proclaimed that public penalty actions in the Court for the case filled against Steve Vizard. ASIC voiced that Vizard was liable to breach as he circulated important corporate information as a director of the company and it resulted gain for anyone may b for himself or for another parties.. ASIC also communicated that across the span of March to July 2000, Steve Vizard used Telstras secret information while he was engaged in trading the shares of three big listed companies namely Sausage, Computer share and Keycorp. In the media release ASIC was actually wanting informations and legal tenders related with this three issues: Proper statements that Vizard has breached the provisionsof Law on three distinct events by using material or evidences of the directorship of the company he possess. Penalties that must be inculcated on him for infringement or contravention of the rules and priovisions A disqualification that must be ordered to him for being a director in any companies for some years due to prohibition of law and not following them intentionally. Facts of the Case Mr Vizard held the non-executive directorial post of Telstra Corporation Limited. With this designation he has the ownership of the company called Creative Technology Investments Pty Limited ( CTI ) and the accountant appointed as the director and the holder of shares of the company.MrVizard with his family consisting of his wife and children was holding the shares of Brigham Pty Limited. Later on Brigham Made loans to his company(CTI) from the resources made by Mr Vizard or some related parties associated with him .It was a clear intention to divert the money and also the profits earned from the shares of CTI. This profit was spilted up and distributed between Bringham and CTI in the ratio of 90% and 10% respectively. During December 1999, Steve Vizard delivered $1 million to Bringham and to his own company .With the loan Brigham thought of purchasing the share portfolio.With these transactions Vizard gained private information as a director of the company Telstra ,and he found that the transaction would keep him gainaable(Ian, 2000). First, Telstra detained a tactical stake of around 10 % in Sausage Software Limited and Solution 6 Holdings Limited. A personal discussions between Telstra, Solution 6 and Sausage took place regarding an imaginable merger of Solution 6, Sausage Software and the attainment by Telstra of a significant concern in the amalgamated entity (theSolution 6 transaction). Then emails were sent to BOD including Steve Vizard in respect to the planned Solution 6 transaction. It was sure that when the merger become known to people then the share price of the targeted company would increase. Mr SteveVizard inculcated Mr Lay to purchase shares in the Sausage Software Ltd. The share price of Sausage software has risen significantly andCTI completed an enormous amount of unrealised profit of roughly around $140,000. Izard inculcated Mr Lay to exchange the shares just afterseven days of the announcement and a small amount of shares were exchanged at a profit. Then CIT made a loss and the share price of sausage was lowered down.. Due to this the technology so prevailing crashed, CTI lost $150,720 on the trading of SS(Lawteacher) The next was that CTI bought shares of Computer share limited. Telstra was holding some ownership of about 15% in computer share. Justice Finkelstein jotted that the CEO of Telstra informed the directors that it desired to nurture funds for the transaction of the Solution 6 company, and that it would do so by the auction of Telstra's stake in Computershare. Mr Vizard had thing in his mind that the with sale of Computer shares share would obviously make a fall of price of the shares and then VIzard advised Lays to sell shares on which the CTI would make a profit. Telstra on 13th day of July, 2000, in an public announcement declared their motive to sell their shares. Later on Telstra made the statement regarding its divestment of its shares in Computershare, and the market price of Computershare's securities fell, but then it gained maintained the same level. The next transaction was an acquisition by Telstra of an concern in Keycorp Limited. Justice Finklestein J saw that the Telstra CEO advised the directors to acquire some percentage of shares in Keycorp, It would lead to rise in price and then Mr Vizard advisedMr Lay to acquire a number of Keycorp shares. The price would increase by this and the plan of ultimately selling off the shares of Mr Lay and realise profit would be succeeded. The total amount of profit in CTIs hand was $38,364. It still nearly has 15,937 number of KC shares with them which worth $1.68 only. Legal Issues After the case, it is seen that the director should disclose private confidential information to avail any benefits. Mr.Vizard was owing the directorship of Telstra, and by obtaining fraudulent means of his position he made improper news and he advised other people to buy or sell share and he imparted speculations based on the information. This fraudulent use of the information made CTI to have an advantage and through thecompany.The other factor Court have come to an conclusion that General discouragement of conduct should be measured in commanding penalties. The second issue was that the lack of the profit was because due to deterioration in the worth of share market.A 'reduction' in penalties is suitable if there has been initial greeting of wrongdoing and teamwork with the regulator. ASIC submitted that the appropriate penalty for each contravention was $130,000. The court ordered that Mr Vizard pay penalties for $390,000, but also saw that higher penalty would not affect so much . Importantly, Impartiality Finkelstein well-known that the existing extreme penalty amount of $200,000 for each breaking had been in place for more than 13 years and may involvecharge by Parliament. Penalties for breach of 183(1) were monetary penalties of up to $200,000 for each breach and an order of prohibition in the administrative field as long as the court governs. The ASIC There would also have been compensation for any loss that would have been suffered; there would be criminal liability if there had been any dishonesty anddeclaration of a contravention s 1317E (David, 2005). Decision of the court Mr. Finklestein J on 28th of July, conveyed his judgment regarding the consequences that are to be imposed on Vizard. S 183(1) of the Act tells that a person who gets information because they are, or have been, a director or other officer or associate of a corporation must not improperly use the evidence to: A possible increase for himself gain some improvement for someone else or; have impairment to the enterprise It just says that a person who actually gain any information because they have been in any higher position of the company must not use them to cheat people or the company. The information must not be actually circulatedas if in the case he obtained corporate information while being the director of Telstra. In crux, we can say that Vizard used evidences and information that he obtained through his position as a director of Telstra to buy shares in three IT companies which Telstra had also expressed interest in. Vizard self-proclaimed the fissure and was called a civil penalty of $390,000($130000 for each breach)Section 283 and 183 is said to be prohibiting conduct which was not so demanding and serious. He was also disqualifies for being a director for 10 years for any companies. There would also have been compensation for any loss that would have been suffered, there would be criminal liability if there would have been any dishonesty. Finklestein J through his judgement identified fo ur major punishing principles - general prevention, personal discouragement, reintegration and vengeance. However, on other hand the court stated that whenever a perpetrator recognises crime and cooperates, then it results in a reduction or lessening in fine. The Judge has minutely seen the case of Vizard and was very critical of Vizards action ,both ASIC and Vizard were deceitful and a gross break of trust and that Vizard knew that what he was actually doing and he knew that was not correct. Vizards breach of trust was carefully covered and only revealed by coincidental, everything was done for personal improvement and it was only due to of the notions of the marketplace that the respondent was not able to have undue advantage.We can say that Vizard was not help as criminal and was not proscecuted.In crux, we can say that Vizard used evidences and information that he obtained through his position as a director of Telstra to buy shares in three IT companies which Telstra had also ex pressed interest in. The maximum penalty would have been $600000 that is $20000 for each breach of three contracts. The Judge went by the ASIC submission but he also as a Judge took independent decision in doubling the ASICs suggested penalty of a 5 year banning order and in its place imposed a banning order of 10 years (Sarah, 2015). Conclusion: In the end we see that ASICs repute has agonised harm because of wide fluctuating and widespread disapproval of its activities. More than the lessons that we can uderstnad from Vizard case, there are more lessons or teachings to ASIC .They made two miscalculations in their press release as announced on 4th July 2005. The news was lacking in relation of the evidence that was not disclosed Firstly no remark of the vital role played by the DPP. Its the DPP, who made a sovereign appraisal of the results of ASICs examination of Vizards portfolio of trades and moulded the opinion that there was dearth of evidence to highlight an unlawful action and activities taken up during trading by the insider. The media was not provided with this information. Second, the publications in the media was devoid of any information regarding the legal options that were offered to ASIC and the DPP for carrying implementation action against Vizard. There were powerful media and public compression on DPP and t he ASIC to focus and bring into limelight their decision creation in respect to the Vizard issue, on 28th July. A press release was published by the DPP. Much incorrect information was circulated in the media, which wade ASIC opinion critical, and it brought disrepute to them in large ways. It was very much considered that Vizard case was a case of insider trading and Vizard was liable to prosecution yet the media released the opposite. At the end it can only be said that ASIC would have defended criticism only when true facts would have revealed in the begining.The DPP completed a sovereign appraisal of the reverbration of ASICs examination of SteveVizards share of trades and moulded the opinion that there was lacking evidence to bring a unlawful action for insider trading The Judged just doubled the banning and we could easily see that ASIC has just overlooked Vizards case and took it at a lighter way.The Judge connoted Steve Vizards actions in analysing the Telstra evidence as di shonest. The evidence which has been used would actually give us the way whether it is liable to criminal proceeding or civil. The DPP media clearly stated that the case of Vizard was not a case of prosecution where in general it was.A law restructuring was needed It was a case of insider trading which was so evitable by just having a look in the case. The Judge then observed that the penalty which was imposed was not accurate and was insufficient in respect of the case and the Parliament should have full authority to increase the same and the Judge was sure that the Government would consider the same. The Judge and the people have also bought some major points that the case, which was delegated to ASIC, was being considered by ASIC and should not be delegated to any of the proceedings to evaluate (Ramsay, 2000). References Jacobson, D. (2005).Asic v VIzard.Retrieved 27 November2016 fromhttps://www.brightlaw.com.au/asic-v-vizard/ Bartholomeusz, S. (2015).Directors Duty in focus.Retrieved 27 November2016 fromhttps://youlegal.com.au/directors-duties-focus-improper-use-information/ Ramsay, I. (2000).Steve Vizard, Insider Trading and Directors Duties.Retrieved 27 November2016from https://law.unimelb.edu.au/__data/assets/pdf_file/0004/1709905/90-Steve_Vizard__insider_trading_and_directors__duties1.pdf Doube, B. .Directors Duties: Know What Youre Doing!.Retrieved 27 November 2016 fromhttps://www.bdl.com.au/commercial-business-law/directors-duties-know-what-youre-doing.html Linklaters (2005).Litigation and Dispute Resolution.Retrieved 27 November2016 fromhttps://www.allens.com.au/pubs/ldr/foclaug05.html Law teacher (2005).Director Duties.Retrieved 27 November2016 fromhttps://www.lawteacher.net/free-law-essays/business-law/director-duties-in-asic-v-adler-business-law-essay.php Hardle, J . (2014).Australian Civilpenaltie regime. Retrieved 27 November2016 fromhttps://www.unswlawjournal.unsw.edu.au/sites/default/files/comino_371.pdf Law teacher (2005).Director Duties.Retrieved 27 November2016 fromhttps://www.lawteacher.net/free-law-essays/business-law/director-duties-in-asic-v-adler-business-law-essay.php