TÍTULO III NEGLIGENCIA MÉDICA Y CULPA
7. LA RESPONSABILIDAD CIVIL
7.3. El daño moral y el daño a la persona
In focusing on young people in transition from school to the labour market, Labor had set two specific targets: by 2010 90% of young people would successfully complete Y12 or its equivalent; by 2005 there would be a 6% increase in young people aged 15-19 engaged in education and training in rural and regional Victoria. The intent of the post compulsory education and training review implemented in
January 2000 was to explore the needs of young people25 and the provision of educational programs and services for them at the post compulsory level (Kirby 2000, p.165). In August 2000 the Ministerial Review of Post Compulsory Education and Training Pathways in Victoria was handed down. In the
Introduction to the Kirby Report, as it is widely known, the aim was stated as to ‘review participation and outcomes for young people in post compulsory education and training in Victoria’ (Kirby 2000, p.3) and to make recommendations for future action.
In analysing the employment and education and training context currently faced by young people in Victoria the Kirby Report noted that pathways were ‘uncertain, unequal and poorly signposted . . . the transition process has become more complex and unpredictable’ (Kirby 2000, p.7). Victorian and Australian education and training were ‘mediocre by international standards’: participation levels were poor, outcomes were skewed against certain groups, linkages between sectors, industry and support resources were weak. There was a lack of coordination between parts of the system, a lack of strong and clear vision and a lack of accountability for all young people: many fell ‘through the cracks’ (Kirby 2000, p.7). A primary goal of the Kirby Report would be to shift the gaze of education: the focus of provision must move from the needs of institutions to the needs of young people (Kirby 2000, p.8).
However, at a local level the commitment and inventiveness of schools and other providers was commended. A large number of programs had been designed to provide education, to link youth with industry and to provide guidance and support. Most of these initiatives were the result of an organic response at a local level where organisations had demonstrated the capacity to work together to extend provision. The Kirby Report was premised on the argument that ‘there are strong links between the economic future of the state and the country, the cohesion and
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In regard to defining ‘young people’ Kirby notes ‘many submissions have assumed that “young people” referred to in the Terms of Reference are 15 – 19 year olds. This was not specified in the Terms of Reference or in any of the documents released through the Review’ (Kirby 2000, p.77). Rather the concern was with ‘the broad transition years’ that for young people in Australia, according to OECD, lasts on average 6.5 years (Kirby 2000, p.77). The Pathways Project that served as a pilot for the LLEN concept specifically referred to a focus on ‘all 15 – 19 year-olds across Victoria’ (Stokes and Tyler 2001, p.9). While the LLEN Implementation Guide (Department of Education Employment and Training 2001) did not offer a definition of ‘young people’ the defined targets focused on 15 – 19 year olds and this focus appears to have become cemented in subsequent evaluations and Ministerial comments.
values of the community, and the education outcomes for young people’ (Kirby 2000, p.8). The Report argued that the benefits of economic development and education should be extended to all youth and that a failure to do this would weaken the economic future as well as weakening ‘a social fabric that is based upon
principles of social justice’ (Kirby 2000, p.8). The evidence gathered had
reinforced arguments that youth faced persistent and severe difficulties unknown to previous generations. Furthermore, there was evidence of locational disadvantage, that is, problems were frequently concentrated in particular groups and regions any response to which would demand a broader commitment. This would include a more coherent and outward-looking policy framework as well as greater
collaboration and integration by providers and other organisations in the
community: it would require a response that was both ‘whole-of-government’ and ‘whole-of-community’ (Kirby 2000, p.9).
As noted, the Connors Report had recommended the establishment of School Networks. The recommendations in the Kirby Report also included Networks that would not only include representatives of School Networks but also bridge beyond them to include other education and training providers, industry and other
community agencies and organisations. The Report made reference to the range of collaborative networks that operated across the state; the networks were found to have a variety of origins, were frequently cross-sectoral and had as their main objective the improvement in the range and quality of provision for young people. LLEN would build on these collaborative networks by developing a local co-
operative approach to planning that would include the renewal and strengthening of communities, minimising duplication and wasteful competition and acknowledging community and industry shared responsibility and ownership of post compulsory education and training (Victorian Learning and Employment Skills Commission 2002).
Local planning networks have the potential to meet some of the broad objectives that have underpinned Government policy and this report. (Kirby 2000, p.11)
The Government should aim to develop and nurture a state-wide pattern of local planning networks consisting of relevant education and training providers, industry and other agencies. This should be achieved through a phased
development program. The full implementation of local planning networks will have implications for the evolving relationships between the Government and its administration and the providers of programs and services. (Kirby 2000, p.11)
Other recommendations focused on provision in senior secondary schools, provision of post compulsory guidance and advisory services, professional development in the post compulsory sector, and improvement of the financial arrangements in the sector. Finally attention was also given to administrative structures and support given to the establishment of the Victorian Qualifications Authority. Each of these recommendations has been implemented to some degree.