Human Resource Management in Residential Care Home

Human Resource Management in Residential Care Home Welcome to Kindly Residential Care Rest Home Introduction The â€Å"Employee Handbook† here summarises the procedures, policies and strategic HR practices related to and with Kindly Residential Care Rest Home. The Kindly Residential Care Rest Home is headed by the â€Å"Executive Director† who will lead the concerned staff and responsible for the development and implementation of the policies, procedures and practices that are mentioned and declared in this â€Å"Employee Handbook†. As a routine the strategic human resource management will be undertaken by the HR Managers who will be responsible for the all respective concerns of their staff teams and will make sure that this manual should be used as a reference while applying any of the strategic HR practices within the organisation to remain consistent with the goals of the organisation. The â€Å"Senior HR Manager† is accountable to maintain the policies and procedures in a systematic way within the organisation and he will be the one to deal with queries and explanations with respect to the employee handbook and remain answerable for the same. This may include questioning about the wages, allowances, holidays, sick and maternity leave, benefit packages, health plans, retirement plans, kiwi saver and insurance. In Kindly Residential Care Rest Home the HR Management is committed to recognise the strategies that involve the provision of healthcare while caring of the residents and as well as that which comes from employing staff premises and managing human resources and also the practices that are present on a daily basis throughout the organisation and to fallow health and safety legislation and safeguard procedure wherever applicable for the safety of the residents, staff and public by integrating governance and strategic human resource management[1]. The New Zealand Healthcare System For our employee it is important to understand that where we are in the NZ healthcare system and how the health system works in NZ as NZ is the country of diversity and there are lots of employee from different backgrounds cultures and countries. The following is the overview of the NZ healthcare system in the form of a flow chart. From the above flow chart we can see that the position of our rest home lies in the section of Private and NGO providers which is under the supervision of DHB (Compliance with the NZ Public health and Disability Act 2000[2]), Ministry of Health and there is additional support provided by ACC, DHB provider arm (Hospitals/GP), Private health insurance and PHARMAC (A government of NZ undertaking pharmaceuticals management company[3]). The Statement of Philosophy The statement of Kindly Residential Care Rest Home is to provide a better work atmosphere which will facilitate professional growth of the entire employee and maintain their personnel lives as well and vice versa. Not only that but it’s a duty of the HR managers and the Supervisors to foster each employee of the Rest Home on personal basis as the Kindly Care Rest Home considers its employee as an asset to the organisation. On the other hand the Kindly care Residential Rest Home will expect the fallowing responsibility of all staff. To maintain â€Å"Organisational Code of Practice† by implementing and practicing the policies of effective communication and meaningful cooperation amongst each other. To maintain â€Å"Code of Conduct† and treat each other fairly paying full respect and dignity. To bring the organisation with a great teamwork and promote harmony within the organisation. To understand the expected standards, law requirements and work place safety procedures, effective and timely communications. To promote the participation of the employees and the members and welcome their advice and suggestion to reach a decision or opinion. To help our employees in the personal development and growth in terms of achievement of their personal goal. To be committed for avoidance of any workstation conflict, and respond fatly and fairly to provide the proper medium to address it on time. To act equitably and fairly when it comes to administer the entire culture with respect to the policies. Judicial and efficient use of organisational resources. To feel and recognize that the person is important then a different kind of a jobs, that all the performances are measured in terms of determined standards without any type of discrimination. To show empathy and understanding that employees do possess the personal lives and they may experience inconvenience, distress, sickness and sadness during some events of the life and be compassionate to them[4]. The Policy Statement This HR management strategy, policy and procedures are intended to provide out the Kindly Care Residential Rest Home with key aims and objectives to develop all culture and processes within the organisation to ensure the perfect and effective system to manage the facility through our team members. The policy also outlines the key objectives and aim with respect to the Rest Home in our â€Å"Employment Handbook†. The policy executes the strategy to ensure the infrastructures required to address the strategy are in their respective place. The document will be equipped with guidance to provide advice on implementing systems that are effective in managing the facility and its employee. Who We Are We are one of the leading service providers with innovative approach in the field of quality eldercare with 88 bedded five winged multispecialty rest home with spacious rooms, separate lounges, welcoming and well-appointed outdoor areas and featured facility which includes diverse activity programmes, extra services like physiotherapy, podiatry, aromatherapy, reflexology, spa and hair saloon offering high/low care and respite care situated in the southern suburbs of kindly park, convenient to kindly shopping centre and the new kindly park interchange. None the less but we are the â€Å"Home away from Home† with an excellent eldercare service provision with a qualified and skilful staff of 103 which is scheduled 24hrly to meet all the desire of our residents day and night to ensure their health and safety and to make them as comfortable as if they are at their own home. Our Vision We want eldercare services to take account of the diversity of local populations without compromising â€Å"quality of service†. Health services should be â€Å"accessible to all† community clients and applicants for healthcare services regardless of a person’s characteristic. We see ourselves as the â€Å"innovators† to develop and raise our employee and the facility to cite an example in the field of â€Å"cost effective† eldercare. An eldercare for all under one Home! Our Mission The ultimate mission of the Kindly Residential Care Home is to be the one in the provision the â€Å"exceptional quality care† to our community residents and elderly through the services of highly â€Å"skilled and qualified staff† and to â€Å"create develop innovate† the best employees ever prepared and managed by the HR in the field of healthcare. The management’s strategy policy procedures and guidance document is to strengthen the rest home employee and the HR personnel to deal and manage the day to day operational functions to meet its management objectives in strict compliance with the standards, rules and regulations[5]. Our Core Values All the members and employee of Kindly Residential Care Rest Home will remain committed and striven by our core values and quality principles in their everyday work to achieve our mission. Our Residents: They come first. Show empathy respect and sympathy for our elders Our Facility: Our facility is of utter importance. That the facility is like resident’s home Our Participation: That residents and staff are integrated to each other with interest full participation Our Focus: That our focus is to meet residents and family (â€Å"whanau†) needs. Appropriate planning, problem preventive and problem solving approach; provide safe, competent, therapeutic care and services. Our Team Work: That pay mutual trust, respect and be loyal to the team and facility Our Quality: Our quality improvement is a continuous process. That understands the on-going process of self-evaluation, learning and continuous improvement[6]. The Scope The scope of policy is wide and applies to all Kindly Residential Care Rest Home employees, stakeholders and locum business units and partners in collaboration. Our Organisational Structure The following flow chart shows the organisational structure of our Kindly Residential Care Rest Home and Governance in accordance to the HR department and staff of the facility. [1] National Care Planning council. (1993). The Caregiver’s Handbook. Retrieved from: http://www.longtermcarelink.net/eldercare/the_caregivers_handbook.htm#introduction [2] Statistics New Zealand. (2008). Measuring Government Sector Productivity in New Zealand. Retrieved from: http://www.stats.govt.nz/browse_for_stats/economic_indicators/productivity/measuring-govt-productivity/6-health-care.aspx [3] The Healthcare in New Zealand. (2010, Jun). The Breakdown. Retrieved from: http://beninauckland.blogspot.co.nz/ [4] HR Council for the Voluntary Non-Profit Sector. HR Toolkit. Employee Handbook. Retrieved from: https://www.google.co.nz/url?sa=trct=jq=esrc=ssource=webcd=13cad=rjauact=8ved=0CFgQFjAMurl=http://hrcouncil.ca/hr-toolkit/documents/CAHRC_HR_Manual.docei=34Y3VPbCMoL88QXrzoDoCQusg=AFQjCNFDQoppMs5I8efCdwvq04SXqoaKvw [5] Convenient Home Care Services Inc. Employee Handbook. Retrieved from: http://www.convenienthomecare.com/documents/Employee_Handbook.pdf [6] Employee Handbook. John Hopkins Health System Corporation. Retrieved from: http://www.hopkinsmedicine.org/human_resources/_docs/employee_handbook_non-union_non-represented.pdf

Digital Rights Mischief :: Ethics

Digital Rights Mischief Imagine a world where media is kept privately. A world in which the books you read and the music you listen to is as protected as your social security number – maybe even more so. What if someone asked to borrow your laptop, the very place you kept your media? â€Å"This put Dan in a dilemma. He had to help her – but if he lent her his computer, she might read his books. Aside from the fact that you could go to prison for many years for letting someone else read your books, the very idea shocked him at first. Like everyone, he had been taught since elementary school that sharing books was nasty and wrong – something that only pirates would do.† Thus begins a short story by Richard Stallman, who paints a very bleak future of the technologies we have today. Yet the gradual way this society became so controlled begins with a single step. That step is digital rights management. Digital rights management, DRM, and Trusted Computing, TC, infringe upon consu mers’ rights and should be met with public boycott. DRM and TC limit rights by controlling digital media. In order to control content, DRM and TC use a computer identification system to verify a user’s right to use media. The Electronic Privacy Information Center defines DRM as systems that â€Å"restrict the use of digital files in order to protect the interests of copyright holders.† DRM systems can control many aspects of the usability of a particular file. They can limit portability, the ability to share or print a file. They can control access, the ability to read, write, or save a file. DRM systems commonly use one of two methods to achieve control. Encryption protects files from outside sources, giving only authorized software access to a file. This authorized software will then follow the policies set forth by the DRM system. The other method, marking, is a way of telling software to treat the file as protected. This works best in proprietary systems where only a few applications can read a particular f ile. Both methods then enforce rules that the DRM system applies to the file. Generally these include determining the identity of the computer trying to access the file, often using a unique numbering scheme. Digital Rights Mischief :: Ethics Digital Rights Mischief Imagine a world where media is kept privately. A world in which the books you read and the music you listen to is as protected as your social security number – maybe even more so. What if someone asked to borrow your laptop, the very place you kept your media? â€Å"This put Dan in a dilemma. He had to help her – but if he lent her his computer, she might read his books. Aside from the fact that you could go to prison for many years for letting someone else read your books, the very idea shocked him at first. Like everyone, he had been taught since elementary school that sharing books was nasty and wrong – something that only pirates would do.† Thus begins a short story by Richard Stallman, who paints a very bleak future of the technologies we have today. Yet the gradual way this society became so controlled begins with a single step. That step is digital rights management. Digital rights management, DRM, and Trusted Computing, TC, infringe upon consu mers’ rights and should be met with public boycott. DRM and TC limit rights by controlling digital media. In order to control content, DRM and TC use a computer identification system to verify a user’s right to use media. The Electronic Privacy Information Center defines DRM as systems that â€Å"restrict the use of digital files in order to protect the interests of copyright holders.† DRM systems can control many aspects of the usability of a particular file. They can limit portability, the ability to share or print a file. They can control access, the ability to read, write, or save a file. DRM systems commonly use one of two methods to achieve control. Encryption protects files from outside sources, giving only authorized software access to a file. This authorized software will then follow the policies set forth by the DRM system. The other method, marking, is a way of telling software to treat the file as protected. This works best in proprietary systems where only a few applications can read a particular f ile. Both methods then enforce rules that the DRM system applies to the file. Generally these include determining the identity of the computer trying to access the file, often using a unique numbering scheme.

Romanticism in Keats Poetry Essay -- John Keats Sensual Language Essa

Romanticism in Keats' Poetry Keats uses various poetic techniques and themes to emphasise these ideas of romanticism the "the strange, the sensual and the dream". These themes and techniques are the back bone of the Ode's which allow the reader to feel and use their imagination which was the main reason Keats wrote his poems. Keats uses incredibly sensual language to illustrate how he is feeling and what he is imagining which gives the ode's a sensual feeling of being alive. In Keats' "Ode to Autumn" he is using a large amount of sensual language to try and take us to the place in his mind, his choice of words are hugely important for making Autumn a sensual Ode. In the first stanza he is focusing very much on the sense of taste and sight to paint the picture of summer ready to explode into autumn with words like "load", "fill", "ripeness", "swell" and "plump" these words are all very sense orientated with the desire to show the peak point before it all rots and turns to autumn. He uses the sensory language to generate an atmosphere he wants the reader to feel what he is feeling. The theme of sensual language continues into stanza two as the poem developes and as the season Autumn goes into this state of pure bliss. He uses highly sensual language like "oozing hours by hours" this is almost onomatopaeic as he is dragging us into the sense of stillness, this place he is describing is very relaxed a beautiful place to be in, he uses many vowels to get us into a drugged state of mind liek the season "fume of poppies" the language and the season is intoxicating a place of no worries. This stanza is very sensual it is slow moving and lazy "thee" this is the place Keats wants to be, this sensual language... ... seems a contriversal thing to say as it could also be seen as blasfemic putting a poet "priest" on the same pedastoole as God. His whole dream like state is extremly strange saying he is going to build a garden in his mind for psyche and to let "warm love in!" love is welcome to come in with him, this dream seems to be about the relationship between the soul and love. I do agree with this statement however I do feel there are some far more improtant and more widley used romantic ideals in his poems than the strange and the dream however sensual is a very important feature that runs through all of his Ode's whether it is describing beauty of art in Urn or nature in Autumn he uses sensual language in all of his Ode's and that is the main thing that makes the reader ask questions at the end after you have been taken to into his other reality, his dream.

Conflict and Functionalist Theory Differences Essay

Introduction The conflict theory originated from Karl max, the famous sociologist, during his original development of the theory and his fine-tuning work, he included the qualifications of other sociologists like Georg Samuel and Max Weber which he considered were necessary (Cliffs 1971: 12-16).   According to the theory, positivism does not necessarily answer everything contrary to believes of functionalists. In general, the conflict theory states that everything happens for reasons other than a general believe that it was just supposed to happen; there are causes and influences which cause such things to happen and the responsibility lies solely on the people and there main purpose is not to gain knowledge only as a functionalist but the transformation of the gained knowledge into action (Durkheim 1915: 23-27).   According to the theory even scientists should be activist with regard to their theories, not only explain why such things happen, instead, they are supposed to instigate the necessary changes in their theories in order to help resolve these issues (Cliffs 1971: 17-20). Read more: Functionalist and Conflict Perspectives The theory differences The believers of conflict theory and functionalist theory have clear differences in their beliefs, because when functionalist say that they do everything they do because ‘we love to do it’, the conflict theory belief that our societies are not guided necessarily by stability or anything of the sort, but it is possible to transformed the whole society into something totally new (John & Simpson 1951: 16-20). Karlmax, Simmed and Weber, and the believers of conflict theory belief that anything that can cause a difference has the capacity to cause a conflict also, be either in areas of competition, opinions, interests and even power, but to a functionalist these issues do not have any serious problems even though conflict theorists do believe that they exhibit other unseen reasons other than the issue of just because â€Å"we like it† (Merton 1968: 10-15). The way functionalists see the world All functionalists believers emphasize on the importance of value consensus in society and they do not expect any conflict to occur and if it occurs it is seen as being temporal which will be simply counteracted as the society continues to become better and their main concern of these conflicts is to accept them as small issues when compared to the need for consensus and stability in the society (Cliffs 1971: 20-26). An example of a functional analysis; Shils and Young notes how ceremonies and rituals are meant to serve the purpose of promoting social integration in their society; the rituals concerning monarchy, church, government leaders, are mainly involved in public promise while the family is seen as the role it plays for members of society, like personal stability and socialization (Parsons 1951: 19-23). Comparing it with conflict theory by Marx According to Marxists and his believers of the conflict theory, there exists a fundamental conflict between different groups in our society, because, the conflict continues to increase and persist and therefore it is not temporal as functionalists clam it to be:   For example, according to Marx analyzing the conflict theory, all societies are constructed in order to survive, and we enter into relationships with the sole purpose of production (Parsons 1951: 21-25). Therefore the combined forces of production and social relationship form basis for economic or infrastructure of any society, while other aspects, like superstructures are shaped by infrastructure, for instance education system is shaped by economic factors and therefore any changes in infrastructure will lead to eventual changes in the superstructure (Simpson 1964: 21-23). The Marxist theory states that all societies have contradictions; this means there is exploitation by one social group, which leads to the creation of conflict of interests because of the main reason that this one social group owns all the factors of production which only benefits them at the expense of others who are mainly the workers (Parsons 1951: 25-28).   They therefore, propose that this trend should be stopped.   For example; the society is comprised of classes, and in its simplest form, there are two main classes of classification. The main determination of an individual to these classes is their relationship to the means of production, which are land, labor and factories (Merton 1968: 16-18). This means that this class that owns the factors of production and therefore, the most powerful. The least powerful class is therefore the one which sells its labors in order to make a living out of it. To be more specific, let us consider wages versus profit achieved by the Bourgeoisie; according to the theory, all societies operate through class of conflict as mentioned; and in a capitalist society there are oppositions between bourgeoisie and the proletariat. The real wealth is only created by the labor power of workers, but low wages are paid to the workers below the profits made the owners and this creates the major contradiction (Durkheim 1915: 29-31). Conclusion In the recent past, workers have become more differentiated and this has eliminated homogeneity in terms of class-consciousness and thus they have increased their awareness of differences between themselves and this has made the above class groups to be split and not united (John & Simpson 1951: 21-23).   It is not important therefore for the society to be characterized by the competing interest groups who are in conflict; therefore we should have ties of the following; economic power and social and secondly political ties to the ownership of means of production (Simpson 1964: 24). Work cited Cliffs, E. (1971). The System of Modern Societies. NJ: Prentice-Hall: pp12-26 Durkheim, E. (1915). The Elementary Forms of the Religious Life: A Study in Religious  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Sociology. Translated by Joseph Ward Swain. New York: Macmillan press:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   pp.23-31 John, A. S. and Tr. Simpson, G. (1951). Suicide: A Study in Sociology: New York IL:    Free Press: pp.16-23 Merton, R. K. (1968). Social Theory and Social Structure; New York: Free Press: pp.10-18 Parsons, T (1951). The Social System; Glencoe, IL: Free Press: pp.21-28 Simpson, G. (1964). The Division of Labor in Society; New York: Free Press: pp.21-24

Waiting Fo Death – Samuel Beckett’s Waiting for Godot

Waiting for Death By: Stephanie Melo Pabon Analysis on Samuel Beckett’s â€Å"Waiting for Godot†. Waiting for Godot by Samuel Beckett is a play starred by Vladimir and Estragon, two men who seem to spend their days in a country road talking, wandering and blathering while waiting for a person they call Godot. This Godot never appears in the story but they both talk about him -her, it, it is difficult to define- at the same time that they look for things to do while waiting.During the two days they spend in that place just in the company of a dead tree, they have two encounters with two other men: Pozzo, an aggressive that seems to be the master of the other; the other man is Lucky, a terribly sick and tired man that looks like a mistreated donkey. The last character that appears is a boy who brings messages to Vladimir and Estragon saying that he -because the boy calls him ‘he’- is not coming today but tomorrow, for sure.The setting, as I said before, is a country road with just one mound and a dead tree -a willow like they think it is called-, everything leading to a hopeless atmosphere that accompanies their endless waiting. I think reading Beckett is a very difficult as he takes modernism to the highest level. He really expresses stories with plot and characters through his own way of thinking. I liked reading the play in spite of my dislike for reading plays; I do not like to read the setting and the characters actions and movements in such an explicit way.This time I was totally delighted by the characters’ dialogues. It was interesting to see how many thoughts about their conversations, the objects they use in the story, the setting, and their physical and personal description, actually arose. I read the play two times and watched one staging; since the first time I had many different thoughts and ideas to interpret the characters and situations they are in, these interpretations are the ones I will be telling. The main c haracters Estragon and Vladimir are, to me, the absurd depiction of the body and mind.They both are the same person: a poor man -Mr. Albert could be his name like the boy called Vladimir at the end of both Act I and II. Estragon is the body as he is the one with the need of sleeping and eating. He always wants to sleep but Vladimir does not let him do it and he always wants to eat, for instance when he asks for the chicken bones Pozzo leaves after eating in Act I, and in Act II when Pozzo falls and asks for help but Estragon only thinks about asking him for food to eat.Vladimir is the mind as he is the most lucid one; he remembers everything while Estragon never does, and he says Estragon he would be a heap of bones without him to show the dependence on each other. Also, at the beginning of the two Acts, Vladimir asks Estragon if he was beaten again and next he assures him that if he had been with him he would not have been beaten as he is the one that can make him stop of doing thi ngs he should not do.Although they say the idea of them together is to contradict and abuse each other, they both get along well: they communicate and seem to be friends. Estragon says they â€Å"always find something to give them the impression they exist†; they reason about many topics but Vladimir, the mind, is very healthy whereas Estragon is very tired all the time. The other two characters, Pozzo and Lucky, are the opposite; Pozzo, the very healthy but cruel man who is the slaver of Lucky. He is ambitious to the extreme of being greedy; he says he has professional worries, and about beauty and grace.Lucky is the tired and sick mind of a rich person that was never satisfied with material things; and I say he is rich because of the scene when Estragon asks for the chicken bones Pozzo is leaving but Pozzo says he has to ask Lucky because he is the owner. Estragon does that and Lucky does not answer, so Pozzo says it is ok if he takes the bones but at the same time he think s something is wrong as he had not seen him refuse a bone before. This episode means to me Lucky’s tiredness of always wanting everything for him, even the wastes, and Pozzo’s surprise for his change.The relationship between Pozzo and Estragon is the main topic when Vladimir and Estragon ask why Lucky does not do anything and never put down the bags he carries, and Pozzo’s answer is that â€Å"he used to be very kind, helpful and entertaining but now he is killing me†, he also says Lucky wants to impress him by doing a job is not for him. Here the mind is sick; Pozzo is healthy but he is dying because of his mind while Lucky cannot bare any longer all that burden and pressure Pozzo has put on him to control him and not to let him think and decide his life is better without external pleasures and material worries.These all four characters are making an absurd portrayal of what life is. Estragon and his struggle for the boots to fit and how in the second ac t when he tries a pair of boots that were not of his, he says they fit and then he complains saying they are too big; it is the way they refers to our constant complains of the life we live and the circumstances, bad or good, we do not want to be in, as Vladimir says â€Å"There is a man all over for you, blaming on his boots the faults of his feet†.This is another way to say the metaphor about the life each one has to carry about with a cross: â€Å"†¦ to every man his little cross till he dies and is forgotten†. They both also talk about the searching of meaning when they say people speak always to themselves trying to determine where are â€Å"these corpses and skeletons† come from. They wonder if it is necessary to think or if they could have lived without it, as it was not enough just to live.Pozzo and Lucky are depicting the way society is always more concerned about material things, sometimes having as priority money and the mundane and superficial a spects rather than let the minds fly using the imagination and thinking beyond the banalities of the world. Also, with this two characters the performance of good deeds is visible when in Act II Pozzo falls and ask for help but Estragon prefers not to help him if he does not give anything to him in return.Vladimir compares what a tiger does to help his congeners without hesitating. Finally, as they spend their days in the same place and just looking for things to do to pass the time, it is just an ironic criticism to the routine the life becomes at some point; to the repetitive start, attempts, give up, and start again. This is just a cycle people live while for the end of the night to come, for the end of the daily routine to finish, for the death to come. When it comes they will be saved.

Capital Gains or Losses Tax

There are certain sales made by Dave in the financial year 2015 and the task at hand is to calculate the capital gains or losses arising from it. He received 850,000 from the sale of his two storeyed house in St. Lucia which was purchased for 70,000. This means that he made a gain of 780,000 in this sale if we don’t account for the expenses incurred in the commission expenses. However, the proceeds received by Dave from sale of his residence at St Lucia is fully exempted from capital gains tax because as per ATO proceeds from a sale of personal home are fully exempted if the individual has been living it for the duration for which he/she has owned the property and the property hasn’t been generating any assessable income. The proceeds received from the forfeiture by a buyer is also application for exemption under capital gains as it as part the capital proceeds from the disposal of that asset which was exempted due it being a main residence of the taxpayer. Hence even t he forfeited amount wont attract any capital gains tax liability. The painting is not eligible for exemption as neither was it purchased under $500 nor was it acquired before 16 th September,1995 hence the net capital gains are taxable. So the net gains of 110,000 are to be taxed under capital gains tax. The figure of 110,000 dollars is the selling price less the acquiring price which are 15,000 and 125,000 respectively. The taxable amount arisen due to the benefit provided can be calculated using either of the two methods prescribed by the ATO i.e. indexing method or the discount method whichever yields the lowest value subject to the constraint that it satisfies the conditions laid down to use a particular method for discounting. Since the asset has been held for more than a year and since the asset was acquired before September,1999 he can apply the indexation method to calculate the discount. The indexation factor is given by CPI (Consumer Price Index) in which the sale was made divided by the CPI for the quarter in which the initial investmen t was made. CPI values were obtained from the website of ATO and the indexation factor calculated to the fourth decimal point is obtained as 2.6952. Since the sale was made in 3 rd quarter 1985 the indexation factor for this was 39.7 and that for the sale was 2 nd quarter 2015 for which the indexation factor was 107.Hence the cost of the painting would be increased by that factor to get the capital gain. Hence now capital gain would be 84,572 as the cost for calculating capital gain would be 40,428 dollars which is 15,000 multiplied by the indexing factor. But the discount factor gives a better result as under the discount method the capital gains are discounted by 50% hence under this method capital gains would be 55,000 dollars which is the net gains of 110,000 discounted by 50%. Since the discount method gives the better result which in this case is the lower value we would use this method to calculate the capital gain at 55,000 dollars.   The capital gain can be reduced only after all the capital losses for the income year have been applied. It is imperative to mention here that net losses from collectables can only be deducted from capital gains made from collectables, not from other capital gains. The capital loss on the boat boat which was purchased in 2004 would be calculated using the other method which would give the highest possible result of 50,000 dollars. The amount is obtained by subtracting the sale price of 60,000 dollars from the acquisition cost of 110,000 dollars. For the capital gain tax on the shares, the other method will be used. The cost base would include the cost price of shares and also the brokerage paid on the shares and the stamp duty. Hence total cost would be 71,000 dollars and since the shares were sold for 80,000 dollars the total capital gain is 9000 dollars. It’s explicitly mentioned that the interest charges are not to be included in the cost base. The net capital gain or loss is given by total capital gains for the year less the capital losses for the year further brought down by any discounts allowed. Hence, the net capital gain from sale of painting and shares is 64,000 dollars or 93,372 dollars depending on the method used for the painting. Net capital loss from sale of boat is 50,000 dollars Hence net capital gain of 14,000 dollars or 43,372 for Dave for the current year. Since Dave has had a net capital gain of 14,000 dollars he can use this to deduct the net capital loss carried forward from the previous year which amounts to 50,000 dollars. His net capital loss would now stand at 36,000 dollars as the capital gain this year would be deducted from the carried forward capital gain loss. If Dave has a net capital loss it would be added to the capital gain loss carried forward from last year. Hence now his total capital loss would stand at 50,000 dollars and the additional capital loss incurred this year Capital loss cannot be used to offset the tax liability and would be carried forward and can be used to deduct it against capital gains in the coming years. To calculate a car fringe benefit, an employer must work out the taxable value of the benefit using either of the below mentioned methods as per ATO. Even if a different method was used in the previous taxable year, the method to be used this year would be determined by the method which gives the lowest value. However, if the required documentation for the operating cost method (for example, log books) have not been kept then the statutory formula method must be used. The operating cost method requires the company to maintain a log book which specifics the usage of car in terms of business and non-business use. Since this has not been maintained the statutory method of valuation would be used to evaluate the taxable value of the fringe benefit arising from the use of the car. Under the statutory formula method, the steps involved are estimating the cost of the car, estimating the statutory rate and determining the number of days the car was used for private purpose. The taxable value is then given by A*B*C/365 where A is the base value of the car, B is the statutory rate and C is the number of days in use of the car in a given assessment year. The statutory rate for calculating the fringe benefits tax would be 20% since ATO prescribes a flat tax rate of 20% for calculating the benefit provided if kilometres travelled are less than 15,000 kilometres. In fact, for any benefits provided after 2011 the tax structure is a flat rate of 20%. The car held by Emma for a 11 month period which constituted 336 days. During the 11-month period or the 336-day period from 1 st may to 31 st March no days would be deducted in determining the number of days of usage of car as ATO clearly lists that annual maintenances are to be listed as days when it is available for use and whenever it is garaged at the employee’s house would also be not deducted, in this case when Emma was interstate would not be deducted, Keeping the above factors in consideration the tax liability would be calculated at 20% of the cost price of the car which is 33,000 and it would be factored by 336/365. Hence 6075 is the taxable value. A company is said to provide a loan fringe benefit if it extends to its employee a loan and charges no interest or a low rate of interest. Any interest rate lower than the prescribed or the benchmark interest rate qualifies as a loan fringe benefit. The  benchmark interest rate  for the Fringe Benefit Tax for the assessment year ending March 31,2015 is given as 5.95% by ATO. Hence for the given scenario since the loan is provided by Periwinkle to Emma at 4.5% it qualifies as a loan fringe benefit. The taxable value of a loan fringe benefit is the difference between: Since Emma uses the loan for purchase of a holiday home and for lending it to her husband the entire amount is to be taken into consideration. For the given scenario the taxable value of the loan fringe benefit is the difference between the two amounts 29,750 dollars and 22,500 dollars which is 7,250 dollars. While the former is the rate of interest charged by the company to Emma, the latter is the interest to be paid in accordance with the statutory rate in 2015. There is no specific information regarding cheap sale of its own products to its employees and neither is it under any exempt category but since the price Emma paid for it is anyways more than the manufacturing cost we exclude it from our scope of taking out the fringe benefits provided to Emma. Hence the total taxable value of the fringe benefits is the loan fringe befit of 7,250 dollars and the car fringe benefit of 6,075 dollars which is a total of 13,325 dollars. Hence the total fringe tax liability would be 6262.75 dollars as the fringe benefit tax is 47%. Had the 50,000 been used by Emma herself instead of being lent to the husband to buy the shares it would be eligible for deduction. ATO prescribes that the taxable value of a loan fringe benefit may be reduced in accordance with the 'otherwise deductible' rule, subject to the constraint hat the investment is made by the employee himself or herself rather than an associate which was the case in first place. Putting it simply it implies that the taxable value would be reduced to the extent to which interest payable on the loan is, or would be, allowable as an income tax deduction to the employee. We look at an example to understand the implications better. Supposing an employee uses a loan from his/her company wholly to invest in interest bearing financial instruments, then the interest that he would have to pay the company is deductible fully for tax purposes. Hence what the mentioned scenario implied is that under this rule the taxable value of the fringe benefit provided would be ze ro, irrespective of the rate of interest charged by the company on the loan. Therefore, where the otherwise deductible rule applies, the taxable value of a loan fringe benefit is: Hence for the given scenario the taxable amount under loan fringe benefit would be reduced by the differential interest paid on 50,000 dollars since this would now be deductibe for tax purposes. This would mean that the loan fringe benefit would now be 6525 dollars instead of 7250 dollars and the total taxable amount under fringe benefit tax would be 12,600 dollars. ATO, 2016. Capital Gains Tax. [Online] Available at: https://www.ato.gov.au/General/Capital-gains-tax/ ATO, 2016. Fringe benefits tax. [Online] Available at: https://www.ato.gov.au/General/Fringe-benefits-tax-(FBT)/

Theories of Sentencing and Punishment Essay Example | Topics and Well Written Essays - 1000 words

Theories of Sentencing and Punishment - Essay Example "Philosophical reflection on punishment has helped cause, and is itself partially an effect of, developments in the understanding of punishment that have taken place outside the academic world(STANFORD ENCYCLOPEDIA)i". In ordinary sense, punishment indicates a retributive treatment. Before going to the deeper, it is necessary to add that whatever the form of punishment may be, i. e. preventive, retributive, reformative and so on; the core purpose of punishment is to facilitate the offenders getting rectified and make other people conscious as to the negative impact of criminalities. In this context, before providing the treatment to a particular offender, the societal aspects of the offenders should be given utmost importance. In addition, it may also be reasoned that as without threat and coercion, the social order cannot be achieved the introduction of punishment for the prevention of crimes and maintaining social order is so necessary. The punishment awarded should be rational in proportion to the degree and nature of punishment. The effects of punishment have made people aware as to its consequences. Thus, the philosophical outlook of punishment is greatly laid in assessing the merits of punishments awarded. But the habitual offenders or recidivist should not be treated alike to that of other offenders. Axiomatically speaking, punishment should not be so atrocious rendering inhumane; not violating the right of the offenders; should be proportional. Justifiability of the Theories of Punishment Countries have developed different theories of punishment while dispensing the criminal justice system in their respective legal systems. Most prominent theories are deterrent, retributive, preventive and reformative. Principally, the purpose of deterrent theory is to keep the offenders aloof from committing the crimes. They are made understood as to the negative implications of the crimes. Efforts are also made to help the offenders in making rational decision as regards the consequences of punishment. Reasonably, there is no unanimous opinion as regards the suitability of retributive theory. "There is a mix theory involving the traditional retributivism and utilitarian arguments along with some other theoretical ideas (Sentencing Law and Policy, 2005)ii".Actually, neither of the punitive, retributive, or reformative treatment of punishment can serve the purpose of sustaining social instability. Both the punitive and reformative approach should be coordinated for the better result o f punishment and help building the society in a sophisticated manner. Punishment should be provided all alike. But, "many federal white collar defendants spend their increasingly long sentences in still low-security (Mike, 2005)iii". In America, race, gender and age are most prominent considerations in case of sentencing and punishing the offenders. "Young black males are sentenced more harshly than any other group and the influence of offender's age on sentencing is greater among males than females (STEFFENSMEIER, ULMER & KRAMER, 1998)iv". Statutory Provisions "Evidence of confessions or admissions is admissible in the court subject to certain conditions determining whether they are voluntary and/or reliable (Nobles & Schiff, 2000)v". It is certain that