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How to choose a legal decision-maker as you get older – 3 things to consider

<p><em><a href="https://theconversation.com/profiles/joseph-ibrahim-252671">Joseph Ibrahim</a>, <a href="https://theconversation.com/institutions/monash-university-1065">Monash University</a> and <a href="https://theconversation.com/profiles/amelia-grossi-1280226">Amelia Grossi</a>, <a href="https://theconversation.com/institutions/monash-university-1065">Monash University</a></em></p> <p>“It’s my life and I’ll do what I want,” <a href="https://www.youtube.com/watch?v=HNzmrEgz_GI">sang</a> Eric Burdon of The Animals to the baby boomer generation. Unfortunately, that’s not always the case. As we get older, sometimes we are no longer capable of making our own decisions. Diseases that affect the brain such as dementia, stroke and head injury can impair cognition and thinking.</p> <p>Some people may choose to appoint a <a href="https://www.legislation.vic.gov.au/in-force/acts/medical-treatment-planning-and-decisions-act-2016/008">medical treatment decision-maker</a> or an <a href="https://www.legislation.vic.gov.au/in-force/acts/powers-attorney-act-2014/007">enduring power of attorney</a> to make certain decisions on their behalf. Alternatively, a legal tribunal or court may appoint <a href="https://www.legislation.vic.gov.au/in-force/acts/guardianship-and-administration-act-2019/005">a guardian or trustee</a> to help guide decisions about health care, finances, accommodation and lifestyle.</p> <p>Who is the right person to take on this important role? Is it the family member or partner who knows you best? Or someone with time and energy? Perhaps someone who understands the services you need – like a nurse, accountant or real estate agent?</p> <p>The role of a decision-making representative has <a href="https://www.alrc.gov.au/publication/equality-capacity-and-disability-in-commonwealth-laws-alrc-report-124/3-national-decision-making-principles-2/will-preferences-and-rights-2/#:%7E:text=The%20'best%20interests'%20principle%20is,an%20equal%20basis%20with%20others">changed significantly</a> in recent years, shifting from a paternalistic approach to a more person-centred focus. Our <a href="https://pubmed.ncbi.nlm.nih.gov/35157838/">research</a> looks at the differences between these approaches and how subconscious bias can influence decision-making.</p> <h2>Taking care</h2> <p>These days, guardianship has <a href="https://www.legislation.vic.gov.au/in-force/acts/guardianship-and-administration-act-2019/005">moved</a> from deciding what’s deemed to be in the individual’s “best interests” to what best reflects their “will and preferences”.</p> <p>While <a href="https://www.legislation.vic.gov.au/repealed-revoked/acts/guardianship-and-administration-act-1986/089">previously</a>, decisions were made for the person by their guardian or representative, new laws require representatives to enact the person’s “will and preferences”. That is, to make decisions with them.</p> <p>This is an important difference. The newer model gives the represented person more autonomy over personal, financial and other decisions. It recognises that even though a person may struggle with aspects of decision-making, they should not be excluded from decisions about how they live their life. This fundamental shift was <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6313688/">earlier adopted</a> by the United Nations in the <a href="https://www.ohchr.org/en/hrbodies/crpd/pages/conventionrightspersonswithdisabilities.aspx">Convention on the Rights of Persons with Disability</a>, to which Australia is a signatory.</p> <h2>Challenging in real world situations</h2> <p>The will and preferences <a href="https://supporteddecisionmaking.com.au/wp-content/uploads/sites/4/2021/08/Realising-will-preferences-and-rights-reconciling-differences-on-best-practice-support-for-decision-making.pdf">framework</a> may sound simple, but it can be <a href="https://www.tandfonline.com/doi/full/10.1080/09687599.2021.1941781">challenging in practice</a>, when concepts of empowerment are tricky to define and the will of someone with cognitive difficulties is hard to discern.</p> <p>Representatives <a href="https://supporteddecisionmaking.com.au/wp-content/uploads/sites/4/2021/08/Realising-will-preferences-and-rights-reconciling-differences-on-best-practice-support-for-decision-making.pdf">bring their own biases, perceptions and lived experience</a> to the role of supporting another person to make decisions. This subjectivity is a natural and an inherent part of decision-making. The representative faces the challenge of setting aside their own opinion and, instead, stepping into the shoes of the represented person to give effect to what they want.</p> <p>A mismatch between the age, gender, ethnicity, religion or socioeconomic status of the representative and the represented person can exacerbate this challenge.</p> <p>An older able-bodied female, who is deeply religious and from a middle-to-high income background might find it difficult to represent a young man with a disability who is an atheist and from a working-class background. Now, imagine a scenario where the young man expresses a desire to go bungee-jumping or parachuting, despite previously showing a fear of heights. What’s his representative to do?</p> <p>Older people and women generally <a href="https://www.tandfonline.com/doi/abs/10.1080/1366987032000105315?journalCode=rjrr20">have a lower appetite for risk</a>, as do those who have a faith and with a high socioeconomic status.</p> <p>A heightened perception of danger or a feeling the activity as frivolous, may lead to the representative reframing the situation with their subconscious bias. They may fail to respect the younger person’s will and preferences.</p> <p>Understanding what might shape a representative’s approach to decision-making is essential. Especially when decisions involve <a href="https://theconversation.com/do-you-want-to-be-resuscitated-this-is-what-you-should-think-about-before-deciding-105506">health</a> or <a href="https://theconversation.com/theres-no-need-to-lock-older-people-into-nursing-homes-for-their-own-safety-73954">living arrangements</a>.</p> <h2>3 things to look for when selecting a legal decision-making representative</h2> <p><strong>1. Deep understanding</strong></p> <p>An intimate understanding of your situation is crucial. An ideal representative is someone who actively listens and has a holistic view of your circumstances. This may come from discussions with you and your loved ones. The representative must be careful your views are not outweighed by those of family or friends who are often more vocal. They should have a deep sense of who you are as an individual.</p> <p><strong>2. Self-awareness</strong></p> <p>The person you choose should be able to describe their personal views and values and understand how their perspective may influence their decisions. This is vital to mitigate the effects of pre-existing bias. They should be able to reflect on their own lived experiences, to understand how their history shapes their approach to decision-making. They should be able to assess whether what you would do is the same as what they think you should do, and why.</p> <p><strong>3. Effective documentation</strong></p> <p>A record of conversations between the representative and represented person often helps to illuminate a person’s will and preferences. Writing or recording compels us to commit to an idea and explain what we mean. It helps to clarify what is intended far better than a one-time conversation that may be remembered differently by participants.</p> <p>Further research is needed to better match representatives with represented persons. Improved tools are needed to identify the role of bias in decision-making and evaluate whether the represented person’s wills and preferences are being respected.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/177631/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /></p> <p><em><a href="https://theconversation.com/profiles/joseph-ibrahim-252671">Joseph Ibrahim</a>, Professor, Health Law and Ageing Research Unit, Department of Forensic Medicine, <a href="https://theconversation.com/institutions/monash-university-1065">Monash University</a> and <a href="https://theconversation.com/profiles/amelia-grossi-1280226">Amelia Grossi</a>, , <a href="https://theconversation.com/institutions/monash-university-1065">Monash University</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/how-to-choose-a-legal-decision-maker-as-you-get-older-3-things-to-consider-177631">original article</a>.</em></p>

Legal

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Paris makes controversial Olympics decision

<p>The mayor of Paris has caused an uproar amongst locals are announcing plans to keep the Olympic rings on the Eiffel Tower indefinitely. </p> <p>In an interview with Ouest-France, Mayor Anne Hidalgo said the iconic landmark will be keeping the Olympic symbol after the conclusion of the summer Games. </p> <p>“The decision is up to me, and I have the agreement of the IOC [International Olympic Committee]. So yes, they [the rings] will stay on the Eiffel Tower,” she said. </p> <p>The giant Olympic rings, measuring 29 meters wide and 15 meters high, were installed on the Eiffel Tower ahead of the Paris Olympics, which began on July 26th, and were set to be dismantled after the Paralympic Games draw to a close on September 8th. </p> <p>However, Hidalgo is pushing to keep them in place permanently, albeit in a lighter version, replacing the current 30-tonne structure.</p> <p>The plan has drawn mixed reactions from Parisians, with many slamming the idea and calling out the "defiling" of the iconic French landmark. </p> <p>“It’s a historic monument, why defile it with rings? It was good for the Olympics, but now it’s over, we can move on. Maybe we should remove them and return the Eiffel Tower to how it was before,” one local told French publication <em>France Bleu</em>.</p> <p>Descendant of the Eiffel Tower designer Gustave Eiffel even chimed in on the debate, as a family statement read, "It does not seem appropriate to us that the Eiffel Tower, which has become the symbol of Paris and the whole of France since its construction 135 years ago, has the symbol of an outside organisation added to it in a permanent way, whatever its prestige."</p> <p>The SOS Paris group, which campaigns to protect Paris's landmarks and environment, added, "The Eiffel Tower has a history of 135 years and surpasses a sports and media event of 17 days," while the chairman of the association Friends of the Champs de Mars, the park around the Eiffel Tower, said the idea "needed to be the subject of a wider consultation".</p> <p>However, some people were in favour of the rings remaining on the Eiffel Tower, as one local told the publication, “The Eiffel Tower is very beautiful, the rings add colour. It’s very nice to see it like this.” </p> <p><em>Image credits: Aimee Dilger/SOPA Images/Shutterstock Editorial </em></p>

Travel Trouble

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Think you’ve decided what to buy? Actually, your brain is still deciding – even as you put it in your basket

<p><em><a href="https://theconversation.com/profiles/tijl-grootswagers-954175">Tijl Grootswagers</a>, <a href="https://theconversation.com/institutions/western-sydney-university-1092">Western Sydney University</a>; <a href="https://theconversation.com/profiles/genevieve-l-quek-1447582">Genevieve L Quek</a>, <a href="https://theconversation.com/institutions/western-sydney-university-1092">Western Sydney University</a>, and <a href="https://theconversation.com/profiles/manuel-varlet-156210">Manuel Varlet</a>, <a href="https://theconversation.com/institutions/western-sydney-university-1092">Western Sydney University</a></em></p> <p>You are standing in the cereal aisle, weighing up whether to buy a healthy bran or a sugary chocolate-flavoured alternative.</p> <p>Your hand hovers momentarily before you make the final grab.</p> <p>But did you know that during those last few seconds, while you’re reaching out, your brain is still evaluating the pros and cons – influenced by everything from your last meal, the health star rating, the catchy jingle in the ad, and the colours of the letters on the box?</p> <p>Our recently published <a href="https://www.nature.com/articles/s41598-024-62135-7">research</a> shows our brains do not just think first and then act. Even while you are reaching for a product on a supermarket shelf, your brain is still evaluating whether you are making the right choice.</p> <p>Further, we found measuring hand movements offers an accurate window into the brain’s ongoing evaluation of the decision – you don’t have to hook people up to expensive brain scanners.</p> <p>What does this say about our decision-making? And what does it mean for consumers and the people marketing to them?</p> <h2>What hand movements tell us about decision-making</h2> <p>There has been <a href="https://www.annualreviews.org/content/journals/10.1146/annurev-psych-010419-051053">debate within neuroscience</a> on whether a person’s movements to enact a decision can be modified once the brain’s “motor plan” has been made.</p> <p>Our research revealed not only that movements can be changed after a decision – “in flight” – but also the changes matched incoming information from a person’s senses.</p> <p>To study <a href="https://doi.org/10.1038/s41598-024-62135-7">how our decisions unfold over time</a>, we tracked people’s hand movements as they reached for different options shown in pictures – for example, in response to the question “is this picture a face or an object?”</p> <p>When choices were easy, their hands moved straight to the right option. But when choices were harder, new information made the brain change its mind, and this was reflected in the trajectory of their hand movements.</p> <p>When we compared these hand movement trajectories to brain activity recorded using neuroimaging, we found that the timing and amount of evidence of the brain’s evaluation matched the movement pattern.</p> <p>Put simply, reaching movements are shaped by ongoing thinking and decision-making.</p> <p>By showing that brain patterns match movement trajectories, our research also highlights that large, expensive brain scanners may not always be required to study the brain’s decision evaluation processes, as movement tracking is much more cost-effective and much easier to test on a large scale.</p> <h2>What does this mean for consumers and marketers?</h2> <p>For consumers, knowing our brains are always reevaluating decisions we might think of as “final” can help us be more aware of our choices.</p> <p>For simple decisions such as choosing a breakfast cereal, the impact may be small. Even if you have preemptively decided on a healthy option, you might be tempted at the last minute by the flashy packaging of a less healthy choice.</p> <p>But for important long-term decisions such as choosing a mortgage, it can have serious effects.</p> <p>On the other side of the coin, marketers have long known that many purchase decisions are <a href="https://www.sciencedirect.com/science/article/pii/S0969698912000781">made on the spot</a>.</p> <p>They use strategies such as attractive packaging and strategic product placement to influence people’s decisions.</p> <p>New ways of studying how people’s brains process information – right up to the last minute – can help marketers design more effective strategies.</p> <h2>Opportunities for further research</h2> <p>Further research in this area could explore how different types of information, such as environmental cues or memories, affect this continuous decision evaluation process in different groups of people. For example, how do people of different ages process information while making decisions?</p> <p>Our finding – that hand movements reflect the inner workings of the brain’s decision making process – could make future studies cheaper and more efficient.</p> <p>The ability to fine-tune marketing in this way has implications beyond just selling products. It can also make public strategic messaging far more effective.</p> <p>This could include tailoring a public health campaign on vaping specifically for people aged under 30, or targeting messaging about superannuation scams more effectively at those of retirement age.</p> <p>The act of reaching for a product is not a simple consequence of a decision already made; it’s a highly dynamic process. Being aware of what influences our last-minute decision-making can help us make better choices that have better outcomes.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/234167/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /></p> <p><em><a href="https://theconversation.com/profiles/tijl-grootswagers-954175">Tijl Grootswagers</a>, Senior Research Fellow in Cognitive Neuroscience, <a href="https://theconversation.com/institutions/western-sydney-university-1092">Western Sydney University</a>; <a href="https://theconversation.com/profiles/genevieve-l-quek-1447582">Genevieve L Quek</a>, Research Fellow, <a href="https://theconversation.com/institutions/western-sydney-university-1092">Western Sydney University</a>, and <a href="https://theconversation.com/profiles/manuel-varlet-156210">Manuel Varlet</a>, Associate Professor in Cognitive Neuroscience, <a href="https://theconversation.com/institutions/western-sydney-university-1092">Western Sydney University</a></em></p> <p><em>Image credits: Shutterstock </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/think-youve-decided-what-to-buy-actually-your-brain-is-still-deciding-even-as-you-put-it-in-your-basket-234167">original article</a>.</em></p>

Mind

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The key decision that led to cruise passengers being abandoned by ship

<p>A group of travellers, including two Australians, have been left stranded in Africa after their cruise ship allegedly refused to let them board the ship after a day trip. </p> <p>Eight passengers were among the many cruisers who disembarked the Norwegian Dawn at São Tomé and Príncipe, an island nation of 220,000 people off the west coast of Africa in the Gulf of Guinea, last Wednesday. </p> <p>The group of eight passengers took off on a private day tour, that reportedly wasn't organised through the cruise company. </p> <p>Things turned sour when the group were delayed on their day trip, with their tour operator allegedly connecting with the captain to tell the cruise the eight passengers would arrive later than their 3pm curfew. </p> <p>When the group arrived to the port, the ship was still anchored, but American couple Jill and Jay Campbell said the captain allegedly refused to let them on board.</p> <p>According to cruise ship lawyer Spencer Aonfeld, the group's big mistake was not booking the tour through the cruise company, as private tours come with a huge risk. </p> <p>Weighing into the drama on TikTok, Mr Aonfeld said, “Eight passengers were left behind when their cruise ship left them because they were delayed in an excursion apparently conducted without buying it directly through Norwegian."</p> <p>“These passengers include elderly passengers, one apparently a paraplegic, one has a heart condition, they don't have their medication, money, passports, cell phones and other things — they’re just left behind."</p> <p>“That unfortunately, according to Norwegian and me is, one of the consequences you pay when you buy your excursions from someone other than the cruise line."</p> <p>“Now they’re left there having to come up with the means to travel back to the next port or home and forfeit the remaining potion of their cruise. Imagine trying to do that in Africa without a passport, money or medication — we wish them the very best.”</p> <p>In order to rejoin the cruise and be reunited with their valuables, the group is now trekking to a port in Senegal, where the cruise is set to dock on Tuesday. </p> <p>In a statement, Norwegian Cruise Lines said it was “in communication with the guests,” and was providing them with “additional information” to rejoin the cruise. </p> <p>“While this is a very unfortunate situation, guests are responsible for ensuring they return to the ship at the published time, which is communicated broadly over the ship’s intercom, in the daily communication and posted just before exiting the vessel,” NCL said in a statement.</p> <p>The company said it was “working closely with the local authorities” on how the guests might re-join the ship. </p> <p><em>Image credits: Getty Images / WRAL North Carolina </em></p>

Travel Trouble

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What is the ‘sunk cost fallacy’? Is it ever a good thing?

<p><em><a href="https://theconversation.com/profiles/aaron-nicholas-1487960">Aaron Nicholas</a>, <a href="https://theconversation.com/institutions/deakin-university-757">Deakin University</a></em></p> <p>Have you ever encountered a subpar hotel breakfast while on holiday? You don’t really like the food choices on offer, but since you already paid for the meal as part of your booking, you force yourself to eat something anyway rather than go down the road to a cafe.</p> <p><a href="https://www.sciencedirect.com/science/article/pii/0167268180900517">Economists</a> and <a href="https://www.sciencedirect.com/science/article/pii/0749597885900494">social scientists</a> argue that such behaviour can happen due to the “sunk cost fallacy” – an inability to ignore costs that have already been spent and can’t be recovered. In the hotel breakfast example, the sunk cost is the price you paid for the hotel package: at the time of deciding where to eat breakfast, such costs are unrecoverable and should therefore be ignored.</p> <p>Similar examples range from justifying finishing a banal, half-read book (or half-watched TV series) based on prior time already “invested” in the activity, to being less likely to quit exclusive groups such as sororities and sporting clubs the more <a href="https://psycnet.apa.org/record/1960-02853-001">effort it took to complete the initiation ritual</a>.</p> <p>While these behaviours are not rational, they’re all too common, so it helps to be aware of this tendency. In some circumstances, you might even use it for your benefit.</p> <h2>Sunk costs can affect high-stakes decisions</h2> <p>While the examples above may seem relatively trivial, they show how common the sunk cost fallacy is. And it can affect decisions with much higher stakes in our lives.</p> <p>Imagine that Bob previously bought a house for $1 million. Subsequently, there’s a nationwide housing market crash. All houses are now cheaper by 20% and Bob can only sell his house for $800,000. Bob’s been thinking of upgrading to a bigger house (and they are now cheaper!), but will need to sell his existing house to have funds for a downpayment.</p> <p>However, he refuses to upgrade because he perceives a loss of $200,000 relative to the original price he paid of $1 million. Bob is committing the sunk cost fallacy by letting the original price influence his decision making – only the house’s current and projected price should matter.</p> <p>Bob might be acting irrationally, but he’s only human. Part of the reason we may find it difficult to ignore such losses is because losses are psychologically more salient relative to gains – this is known as <a href="https://psycnet.apa.org/record/1985-05780-001">loss aversion</a>.</p> <p>While most of the evidence for the sunk cost fallacy comes from <a href="https://link.springer.com/article/10.1007/s40685-014-0014-8">individual decisions</a>, it may also influence the decisions of groups. In fact, it is sometimes referred to as the <a href="https://www.nature.com/articles/262131a0">Concord fallacy</a>, because the French and British governments continued funding the doomed supersonic airliner long after it was likely it would not be commercially viable.</p> <p>Another example is drawn-out armed conflict that involves a large loss of lives for the losing side. Some may think it impossible to capitulate because the casualties will have “died in vain”.</p> <h2>Knowing about sunk costs can help you</h2> <p>If you find yourself justifying behaviour due to costs you’ve paid in the past rather than circumstances of the present, or predictions of the future, it’s worth checking yourself.</p> <p>Identifying sunk costs allows you to cut your losses early and move on, rather than perpetuating larger losses. This is apparent in the housing example: the larger the crash, the cheaper the bigger house; and yet the larger the crash, the greater the perceived loss from selling the existing house. Hence, the greater the loss in opportunity inflicted by the sunk cost fallacy.</p> <p>If you find it difficult to overcome the sunk cost fallacy, it may help to delegate such decisions to others. This may include the decision of whether to <a href="https://direct.mit.edu/rest/article-abstract/93/1/193/57894/The-Flat-Rate-Pricing-Paradox-Conflicting-Effects">go to a buffet</a> or subscribe to Netflix, with the latter potentially being a double whammy: one may feel compelled to binge-watch due to the flat fee structure and, as mentioned earlier, to finish mediocre series once halfway through.</p> <h2>Use sunk costs to your advantage</h2> <p>A second, less obvious benefit is actively using the fallacy to your advantage. For example, many gym memberships require upfront payments regardless of how much you use the facilities. If you find it hard to ignore sunk costs, choosing gym memberships that have large upfront fees and minimal pay-per-usage fees may be a way to <a href="https://pubsonline.informs.org/doi/abs/10.1287/mnsc.2018.3032">commit yourself</a> to a regular gym habit.</p> <p>This can also apply to other activities that involve short-term pain for long-term gain – for example, paying for an online course will make you more likely to stick with it than if you found a free course.</p> <p>But be warned, this doesn’t work for everything: it seems that spending wildly on a <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/ecin.12206">wedding ceremony or engagement ring</a> doesn’t have a “sunk cost” effect – it fails to increase the likelihood of staying married.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/217798/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /></p> <p><a href="https://theconversation.com/profiles/aaron-nicholas-1487960"><em>Aaron Nicholas</em></a><em>, Senior Lecturer in Economics, <a href="https://theconversation.com/institutions/deakin-university-757">Deakin University</a></em></p> <p><em>Image credits: Shutterstock</em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/what-is-the-sunk-cost-fallacy-is-it-ever-a-good-thing-217798">original article</a>.</em></p>

Money & Banking

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Decision reached over Ed Sheeran's copyright trial

<p>Ed Sheeran has emerged victorious from a lengthy legal battle that claimed he "ripped off" another popular song. </p> <p>Sheeran, 32, was being sued over his 2014 single <em>Thinking Out Loud</em> by Structured Asset Sales, who claim that Sheeran's hit took elements directly from Marvin Gaye's <em>Let's Get It On</em>.</p> <p>On Thursday, the court ruled that the British singer-songwriter did not plagiarise the song, with the jury of three men and four women only taking three hours to reach a decision.</p> <p>Sheeran stood up and hugged his team after jurors ruled that he “independently” created his song, as he stopped outside the courtroom to thank those who supported him through the legal battle. </p> <p>The pop star added he was “unbelievably frustrated that baseless claims like this” even make it to court.</p> <p>“I’m just a guy with a guitar who loves writing music for people to enjoy. I am not and will never allow myself to be a piggy bank for anyone to shake,” he said outside the court.</p> <p>Sheeran revealed he missed his grandmother’s funeral in Ireland as he sat through the “bogus” and “dangerous” lawsuit that claimed he stole key elements for his hit song.</p> <p>“These cords are common building blocks which were used to create music long before <em>Let’s Get it On</em> was written. Will be used to make music long after we are all gone,” Sheeran said.</p> <p>“They are a songwriter’s alphabet. Our toolkit. And should be there for all of us to use. No one owns them. Or the way they are played. In the same way nobody owns the colour blue.”</p> <p>Ed's victory comes after he declared that if he had lost the case, he would've <a href="https://oversixty.co.nz/entertainment/music/i-m-done-why-ed-sheeran-is-threatening-to-quit-music" target="_blank" rel="noopener">quit</a> the music industry all together. </p> <p>Outside the court room on Monday when the court proceedings were still in progress, he expressed his exasperation over the case, and made a bold statement about the future of his career. </p> <p>"If that happens, I'm done, I'm stopping," Sheeran said, according to reports from <a title="People" href="https://people.com/music/ed-sheeran-done-if-he-loses-lets-get-it-on-copyright-lawsuit/" target="_blank" rel="nofollow noopener">People</a>.</p> <p>"I find it to be really insulting," Sheeran added. "I work really hard to be where I'm at."</p> <p><em>Image credits: Getty Images</em></p>

Music

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Quentin Tarantino defends directorial decisions

<p dir="ltr">Quentin Tarantino has defended his choice to not include sex scenes in his movies. </p> <p dir="ltr">Rising to fame in 1992 with <em>Reservoir Dogs</em>, and becoming a household name with <em>Pulp Fiction</em>, he continued to wow the world. </p> <p dir="ltr">The legendary director has worked on several accredited films including, <em>Jackie Brown, Kill Bill, Death Proof, Inglourious Basterds, Django Unchained, The Hateful Eight, </em>and<em> Once Upon a Time in Hollywood</em>.</p> <p dir="ltr">Speaking to the Catalan Spanish newspaper <em>Diari ARA</em>, the iconic filmmaker defended the lack of sex scenes decision.</p> <p dir="ltr">"It’s true, sex is not part of my vision of cinema. And the truth is that, in real life, it’s a pain to shoot sex scenes, everyone is very tense. And if it was already a bit problematic to do it before, now it is even more so. If there had ever been a sex scene that was essential to the story, I would have, but so far it hasn’t been necessary.”</p> <p dir="ltr">Sex has never been a major factor in any of his films due to their primarily violent crime-driven nature. </p> <p dir="ltr">Tarantino is currently working on his <a href="https://www.oversixty.co.nz/entertainment/movies/quentin-tarantino-teases-retirement">tenth and final film</a> and although the plot remains unknown, we’re pretty certain there won’t be any sex scenes.</p> <p dir="ltr"><em>Image credit: Getty</em></p>

Movies

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We make thousands of unconscious decisions every day. Here’s how your brain copes with that

<p>Do you remember learning to drive a car? You probably fumbled around for the controls, checked every mirror multiple times, made sure your foot was on the brake pedal, then ever-so-slowly rolled your car forward.</p> <p>Fast forward to now and you’re probably driving places and thinking, “how did I even get here? I don’t remember the drive”. The task of driving, which used to take a lot of mental energy and concentration, has now become subconscious, automatic – habitual.</p> <p>But how – and why – do you go from concentrating on a task to making it automatic?</p> <p><strong>Habits are there to help us cope</strong></p> <p>We live in a vibrant, complex and transient world where we constantly face a barrage of information competing for our attention. For example, our eyes take in <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1564115/">over one megabyte of data every second</a>. That’s equivalent to reading 500 pages of information or an entire encyclopedia every minute.</p> <p>Just one whiff of a <a href="https://pubmed.ncbi.nlm.nih.gov/12744840/">familiar smell</a> can trigger a memory from childhood in less than a millisecond, and <a href="https://doi.org/10.1016/j.neubiorev.2009.08.004">our skin</a> contains up to 4 million receptors that provide us with important information about temperature, pressure, texture, and pain.</p> <p>And if that wasn’t enough data to process, <a href="https://www.emerald.com/insight/content/doi/10.1108/REPS-10-2018-011/full/html">we make thousands of decisions</a> every single day. Many of them are unconscious and/or minor, such as putting seasoning on your food, picking a pair of shoes to wear, choosing which street to walk down, and so on.</p> <p>Some people are neurodiverse, and the ways we sense and process the world differ. But generally speaking, because we simply cannot process <a href="https://www.sciencedirect.com/science/article/abs/pii/S1364661305001178">all the incoming data</a>, our brains create habits – automations of the behaviours and actions we often repeat.</p> <p><strong>Two brain systems</strong></p> <p>There are two forces that govern our behaviour: intention and habit. In simple terms, our brain has <a href="https://www.tandfonline.com/doi/full/10.1080/17437199.2016.1244647">dual processing systems</a>, sort of like a computer with two processors.</p> <p>Performing a behaviour for the first time requires intention, attention and planning – even if plans are made only moments before the action is performed.</p> <p>This happens in our prefrontal cortex. More than any other part of the brain, the prefrontal cortex is responsible for making deliberate and logical decisions. It’s the key to reasoning, problem-solving, comprehension, impulse control and perseverance. It affects behaviour via <a href="https://www.cambridge.org/core/books/abs/handbook-of-behavior-change/changing-behavior-using-the-reflectiveimpulsive-model/A35DBA6BF0E784F491E936F2BE910FF7">goal-driven decisions</a>.</p> <p>For example, you use your “reflective” system (intention) to make yourself go to bed on time because sleep is important, or to move your body because you’ll feel great afterwards. When you are learning a new skill or acquiring new knowledge, you will draw heavily on the reflective brain system to form new memory connections in the brain. This system requires mental energy and effort. </p> <p><strong>From impulse to habit</strong></p> <p>On the other hand, your “impulsive” (habit) system is in your brain’s <a href="https://www.annualreviews.org/doi/10.1146/annurev.neuro.29.051605.112851">basal ganglia</a>, which plays a key role in the development of emotions, memories, and pattern recognition. It’s impetuous, spontaneous, and pleasure seeking.</p> <p>For example, your impulsive system might influence you to pick up greasy takeaway on the way home from a hard day at work, even though there’s a home-cooked meal waiting for you. Or it might prompt you to spontaneously buy a new, expensive television. This system requires no energy or cognitive effort as it operates reflexively, subconsciously and automatically.</p> <p>When we repeat a behaviour in a consistent context, our brain recognises the patterns and moves the control of that behaviour from intention to habit. A habit occurs when your impulse towards doing something is automatically initiated because you encounter a setting in which you’ve done the same thing <a href="https://bmcpsychology.biomedcentral.com/articles/10.1186/s40359-015-0065-4">in the past</a>. For example, getting your favourite takeaway because you walk past the food joint on the way home from work every night – and it’s delicious every time, giving you a pleasurable reward.</p> <p><strong>Shortcuts of the mind</strong></p> <p>Because habits sit in the impulsive part of our brain, they <a href="https://doi.org/10.1016/j.biopsych.2019.03.978">don’t require much cognitive input or mental energy</a> to be performed.</p> <p>In other words, habits are the mind’s shortcuts, allowing us to successfully engage in our daily life while reserving our reasoning and executive functioning capacities for other thoughts and actions.</p> <p>Your brain remembers how to drive a car because it’s something you’ve done many times before. Forming habits is, therefore, a natural process that contributes to <a href="https://psycnet.apa.org/doiLanding?doi=10.1037%2F0033-2909.124.1.54">energy preservation</a>.</p> <p>That way, your brain doesn’t have to consciously think about your every move and is free to consider other things – like what to make for dinner, or where to go on your next holiday.</p> <p><em>Image credit: Shutterstock</em></p> <p><em>This article originally appeared on <a href="https://theconversation.com/we-make-thousands-of-unconscious-decisions-every-day-heres-how-your-brain-copes-with-that-201379" target="_blank" rel="noopener">The Conversation</a>. </em></p>

Mind

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Should we move our loved one with dementia into a nursing home? 6 things to consider when making this tough decision

<p>Almost <a href="https://www.aihw.gov.au/reports/dementia/dementia-in-aus/contents/summary">400,000</a> Australians are living with dementia. A million or more family members and friends care for and support them. About two-thirds of people with dementia live in the community.</p> <p>Deciding to move a loved one into a nursing home is an incredibly difficult one. I found it difficult and stressful considering this move for my own loved one, even with 20 years of experience in dementia and aged care. Sometimes the decision has to be made quickly, such as when the person is in hospital. Sometimes the decision takes much longer and is made over months, or even years. </p> <p>There are some important things you should consider when trying to decide the best option for you and your loved one. I’ve outlined six here.</p> <h2>1. Your loved ones’ views around going into care</h2> <p>We don’t want to force our loved one to do something against their wishes. It’s unusual for someone to want to go into a nursing home. It may take many conversations and a decent amount of time before your loved one accepts they might need more care and that a nursing home is the right place to get that care.</p> <h2>2. Your loved one’s current quality of life</h2> <p>If you think your loved one has an overall good quality of life, and that their quality of life may decrease when they go into a nursing home, this could be a sign you should keep trying to support the person to live at home. </p> <p>However, if their quality of life is currently poor, particularly if this is due to not having enough day-to-day physical care, health care or emotional support, then moving into a nursing home might help meet their daily needs. </p> <p>Spend some time observing to figure out <a href="https://theconversation.com/home-for-the-holidays-and-worried-about-an-older-relative-make-observations-not-assumptions-173782">how your loved one is doing at home</a>. </p> <p>You could perhaps make a list of the things they need to lead a good life (company, three square meals, help taking medicines, going out into the community) and see if these are currently being met. </p> <h2>3. Risks if your loved one stays at home</h2> <p>People often <a href="https://bmcgeriatr.biomedcentral.com/articles/10.1186/1471-2318-7-13">go into a nursing home</a> because we think they are no longer safe living at home. </p> <p>It might be possible to reduce some of the risks of them being at home through <a href="https://www.enablingenvironments.com.au/home.html">modifying the home</a> and <a href="https://www.alzheimerswa.org.au/about-dementia/living-well-dementia/assistive-technology-help-sheets/">using technology</a>(personal emergency alarms, GPS trackers, stove timers) or services (meals on wheels, community care, physiotherapy for mobility).</p> <h2>4. Capacity of your loved one’s family and friends to keep supporting them</h2> <p>The availability and capacity of family carers is probably the most crucial part in supporting someone with dementia to keep living well at home. Carers often have other responsibilities such as work and children, which means they can’t support their loved one as much as they would like. </p> <p>Being a carer is physically and emotionally demanding, and over time caring can take its toll. Carers should seek help and support from other family and friends, learn more about <a href="https://forwardwithdementia.au/">dementia</a>, use services including <a href="https://theconversation.com/respite-care-can-give-carers-a-much-needed-break-but-many-find-accessing-it-difficult-183976">respite care</a> and <a href="https://www.dementia.org.au/support">Dementia Australia</a>.</p> <p>Carers often face a difficult choice between their own health and wellbeing, and supporting their loved one to remain at home. If carers are caring as much as their time, energy and physical and mental wellbeing will allow, and that care is not enough for their loved one’s needs, then more help is needed – and residential care is one way of getting that help.</p> <h2>5. Alternatives to nursing home care</h2> <p>Community care services are government-subsidised services to support older people to keep living at home. You can get up to 14 hours of care a week depending on need, though there is an assessment process and often a waiting time for services. You can pay for community care privately as well, although this can be very expensive.</p> <p>An <a href="https://www.cota.org.au/information/aged-care-navigators/who-can-use-aged-care-navigator-services/">Aged Care Navigator</a> (or from 2023 an “aged care finder”) can help you search for suitable available home care services.</p> <p>Some families choose to move in with the person with dementia, or have them move in with family. This may be an option if there is suitable accommodation, and they are able to live together comfortably. </p> <h2>6. Availability of quality nursing home care</h2> <p>It’s emotionally easier to place a loved one in a nursing home if carers are confident the home will provide suitable care. Often, family want a nursing home that is geographically close so they can visit, has a suitable room (such as a single room with an ensuite), sufficient and kind staff with training in supporting people with dementia, a pleasant environment, nutritious appealing food, and quality clinical care. </p> <p>It takes time to visit and pick a <a href="https://theconversation.com/when-choosing-a-nursing-home-check-the-clothing-and-laundry-100727">suitable nursing home</a>, check it’s appropriately <a href="https://theconversation.com/how-to-check-if-your-mum-or-dads-nursing-home-is-up-to-scratch-123449">accredited</a>, and understand how much it will <a href="https://theconversation.com/so-youre-thinking-of-going-into-a-nursing-home-heres-what-youll-have-to-pay-for-114295">cost</a>. You might have to wait for a bed in a quality home. You can often trial the nursing home by having your loved one stay for two weeks of respite care. </p> <p>When your loved one enters nursing home care, you’ll still be caring for them. You want to ensure you can continue to support your loved one emotionally and practically in partnership with the nursing home.</p> <h2>Getting help</h2> <p>Usually there is no “right” or “wrong” decision. You might struggle and there might be family conflict around what the “right” decision is. </p> <p>Speaking to a counsellor at <a href="https://www.dementia.org.au/support/counselling">Dementia Australia</a> might help work through the options and your feelings, you can talk to them as an individual or attend as a family.</p> <p><em>Image credits: Getty Images</em></p> <p><em>This article originally appeared on <a href="https://theconversation.com/should-we-move-our-loved-one-with-dementia-into-a-nursing-home-6-things-to-consider-when-making-this-tough-decision-189770" target="_blank" rel="noopener">The Conversation</a>. </em></p>

Caring

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"I trusted anyone": Olivia Newton-John's daughter shares drastic health decision

<p>Chloe Lattanzi has opened up about a recent health decision, announcing she is planning to reverse a lot of her cosmetic surgery enhancements. </p> <p>Chloe said she is going to have her breast implants removed, just months after her mother Olivia Newton-John died from a turbulent 30 year battle with breast cancer. </p> <p>Lattanzi, who has reportedly had $845,000 worth of plastic surgery over the years, took to Instagram to talk about her health.</p> <p>She shared that in trying to be the healthiest version of herself, she has already had fillers in her face dissolved and plans to remove her breast implants.</p> <p>“I’ve had the fillers removed from my face. When I had it done, I had body dysmorphia so I had very low self-esteem,” Lattanzi admitted.</p> <p>“I think I started doing (fillers) about 10 years ago,” she continued.</p> <p>“My face looked very puffy and strange. There’s a product called hyaluronidase that can take it out, it basically dissolves it, which is an ongoing process that I go through.”</p> <p>Speaking about her breast implants, Chloe said she “wasn’t aware” of the potential health problems that implants can bring.</p> <p>“I trusted anyone in a white coat and I wasn’t aware that there was any side effects or consequences,” she admitted.</p> <p>“I’m actually looking into removing them. It does cost a lot of money.”</p> <p>Lattanzi also spoke about her lip fillers, explaining she has injected them “so much” they are “permanently stretched out”.</p> <p>“Not that this is anyone’s business, but it hurt to see some of these comments and I just wanted to educate people,” she said.</p> <p>“You can believe me or not, but it’s the truth, from having them filled so much, they’re just stretched, I haven’t had them done in years.”</p> <p>Since her mother died in August after her journey with breast cancer, Lattanzi has been outspoken about “preventative care”.</p> <p>“I’m so excited to be carrying the torch for my mum continuing to not battle cancer, but finding out what’s causing it,” she said.</p> <div> </div> <p>“Preventive care was something she was very passionate about, you know we need to think about all the drugs that are put into our body."</p> <p><em>Image credits: Instagram </em></p>

Body

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"Heartbroken": High-profile women react to landmark Roe v Wade decision

<p>When the US Supreme Court made the landmark decision to overturn Roe v. Wade on Friday June 24, women across America and all around the world took to social media to express their anger, disgust, sadness and outrage.</p> <p>A range of celebrities and high-profile women spoke out over the decision, as they grieved the loss of fundamental women's right and bodily autonomy in the eyes of the law.</p> <p>Roe v. Wade was implemented to grant women in the US the constitutional right to terminate a pregnancy, regardless of their reasoning.</p> <p>The landmark abortion ruling, which has been in place since 1973, was officially overturned last week, meaning individual states in America now have the right to ban women from seeking legal abortions – which several states have now already done.</p> <p>Australian model Robyn Lawley made a statement on her Instagram as she wrote on her torso, "My body my choice".</p> <p>The model shared her disgust for the ruling, while also empathising with women living the US of the challenges they are about to face.</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/p/CfOyiHmO1ud/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CfOyiHmO1ud/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Robyn Lawley (@robynlawley)</a></p> </div> </blockquote> <p>Former First Lady Michelle Obama posted an emotional statement online, which has been shared millions of times by men and women alike who are in disarray over the ruling.</p> <p>In the statement she wrote, "I am heartbroken that we may now be destined to learn the painful lessons of a time before Roe was made law of the land - a time when women risked their lives getting illegal abortions."</p> <p>"That is what our mothers and grandmothers and great-grandmothers lived through, and now we are here again."</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/p/CfMSJTKu_XY/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CfMSJTKu_XY/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Michelle Obama (@michelleobama)</a></p> </div> </blockquote> <p>Pop star Taylor Swift was one of the many who reposted Obama's message, adding, "I'm absolutely terrified that this is where we are – that after so many decades of people fighting for women's rights to their own bodies, today's decision has stripped us of that."</p> <p>Kim Kardashian echoed the thoughts of many as she shared that "In America, guns have more rights than women," as the overturning of Roe v. Wade has somehow taken priority over tighter gun restrictions, despite there being over <a href="https://www.washingtonpost.com/nation/2022/06/02/mass-shootings-in-2022/" target="_blank" rel="noopener">250 mass shootings in 2022</a> so far.</p> <p>Hillary Clinton also chimed in on the decision, saying overturning Roe v. Wade is "a step backward".</p> <p>"Most Americans believe the decision to have a child is one of the most sacred decisions there is, and that such decisions should remain between patients and their doctors," Clinton said.</p> <p>"Today's Supreme Court opinion will live in infamy as a step backward for women's rights and human rights."</p> <p>Everyday women across America shared their fear over the ruling, with many encouraging others to delete their period tracking apps, to have real conversations with their partners about their intimacy, and to start savings accounts to travel out of their state for an abortion if needed.</p> <p>As protestors took to the steps of the Supreme Court to protest the overturning of Roe v. Wade, online spaces were dominated with anger, as "my body, my choice" began trending on Twitter and became the battle cry for the women of the United States and around the world.</p> <p><em>Image credits: Getty Images</em></p>

Body

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Benji Marshall’s incredible decision for Celebrity Apprentice prize money

<p dir="ltr">After being crowned the winner of <em>Celebrity Apprentice</em> for 2022, Benji Mashall has revealed the extraordinary way he plans to spend his prize money.</p> <p dir="ltr"><a href="https://www.oversixty.com.au/entertainment/tv/i-didn-t-expect-that-celebrity-apprentice-2022-winner-crowned" target="_blank" rel="noopener">The former football star won</a> after raising $387,105 ($NZD 426,230) in the grand finale - and receiving another $100,000 from Lord Alan Sugar - making for a total of $504,000 ($NZD 554,000) raised for his chosen charity, Souths Cares.</p> <p dir="ltr">But, in an interview with KIIS FM’s Will and Woody show, it was revealed he called the radio hosts - and castmates on the show - shortly after the finale to thank them, though the scene never made it to air.</p> <p dir="ltr">“Something the TV show didn’t show was that Benji called me after the finale - cause I did go back to help him with the final challenge - to thank me for getting so involved in the finale,” Woody Whitelaw explained.</p> <p dir="ltr">“He’s taken $30,000 ($NZD 33,000) out of the money he made, and he’s putting $30,000 in Gotcha4Life.”</p> <p dir="ltr">Gotcha4Life, the charity Woody and co-host Will McMahon chose, aims to prevent suicide through programs and social connections.</p> <p><span id="docs-internal-guid-17096d16-7fff-3a29-8f91-5fd2aa200654">It was revealed that Marshall also shared the cash with several of his other castmates, with another $30,000 going to Samantha Jade’s charity Cancer Council Australia, $30,000 to Vince Colosimo’s Dementia Australia and $30,000 to Bronte Campbell’s Carers Australia, per <em><a href="https://www.news.com.au/entertainment/tv/reality-tv/benji-marshalls-incredible-act-with-celebrity-apprentice-prize-money/news-story/64b71506c77ca16f88556704e251e2af" target="_blank" rel="noopener">news.com.au</a></em>.</span></p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/Cea7Ahyh1ks/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/Cea7Ahyh1ks/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Will and Woody (@willandwoody)</a></p> </div> </blockquote> <p dir="ltr">During the interview, it emerged that Marshall, Whitelaw and McMahon being castmates wasn’t the only thing they had in common - they had all picked the same charity to support too.</p> <p dir="ltr">“Before the show started, Will and I locked in Gotcha4Life as our charity. So all the money we raised was going to go to Gotcha4Lide,” Woody said.</p> <p dir="ltr">“Benji was late in replying to the email with what charity he wanted to do, and his first pick was Gotcha4Life.</p> <p dir="ltr">“And Benji, you’ve raised money for an incredible charity in South Cares, and I know that’s really close to your heart … But just to compare for the poor charity of Gotcha4Life, Will and I raised $20,000 and Benji, all up, how much money did you raise?”<br />“$540,000,” Marshall said laughingly.</p> <p dir="ltr"><a href="https://www.rabbitohs.com.au/community/" target="_blank" rel="noopener">Souths Cares</a> is closely affiliated with Marshall’s former club, the South Sydney Rabbitohs, and supports disadvantaged and marginalised youth and their families by delivering programs that address people’s education, training, health and employment needs.</p> <p><span id="docs-internal-guid-961a3d8c-7fff-6918-e53b-9850dcd30289"></span></p> <p dir="ltr"><em>Image: @benji6marshall (Instagram)</em></p>

Caring

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Readers respond: What single event or decision do you think most affected the rest of your life?

<p>From travelling and seeing the world, to getting married and settling down, there are a lot of moments that can change your life forever.</p> <p>We asked our readers what single event or decision changed the trajectory of their lives, and the responses were overwhelming. </p> <p><strong>Kathleen Farrell</strong> - My decision to come to Australia! Changed my life and I have never regretted it!</p> <p><strong>Glen Crawford</strong> - Sunday 1st April 1979, I’d spent the entire weekend in the surf after 10 weeks forced abstinence due to a serious surfing accident, and I was tired, sunburnt and in need of a good nights sleep. </p> <p>2 of my young surfing mates turned up at the door and said they were taking me to the disco as I hadn’t been out for too long. I reluctantly agreed, and within the hour had met the young lady who’s been my best friend and wife for 42 years.</p> <p><strong>Tanya B Lyons</strong> - Giving birth to my Daughter, followed by getting sober and immigrating to the best country in the world Australia 40 yrs ago.</p> <p><strong>Noelene O'Donnell</strong> - Partner rang me at work and asked if I want to go to WA to live in 1983. I said YES (we were in NSW) and here we are still.</p> <p><strong>Helen Knowles </strong>- Leaving my first husband. Best decision I ever made for myself and my life.</p> <p><strong>Lewis Turner</strong> - I migrated from England to Australia 48 years ago. </p> <p><strong>Margaret Inglis</strong> - Buying a ticket at a spur of the moment for a trip to Sydney. My friend and myself were having morning tea, lunch time put a deposit on a ticket. Early 1969, Wellington NZ. </p> <p>Boat left Wellington for Sydney September 1969. Also on board were a group of guys. One ended up being my husband for nearly 42 years until he passed 7 years ago. Still in Australia.</p> <p><strong>Lorna Embling Tudball</strong> - Meeting &amp; marrying my husband, nearly 62 years ago.</p> <p><strong>Norma Fowler</strong> - At age 10 determined to go to selective high school despite mum wanting me to go elsewhere... to become a teacher.</p> <p><strong>Rhondda Walters</strong> - I quit my job, packed my bags and enrolled in University at the age of 32. A decision that changed my life.</p> <p><strong>Kim Galuschin</strong> - I had a Gastric-bypass operation at age 35. Now I'm 52 and have not gained any of the 40kg that I lost during the year after my surgery.</p> <p><em>Image credits: Getty Images</em></p>

Mind

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UN committee rules anti-lesbian sex laws breach human rights in landmark decision

<p>On Wednesday, a United Nations committee became the first international law body to recognise that criminalising female same-sex sexual activity is a fundamental breach of human rights.</p> <p>The <a href="https://www.humandignitytrust.org/wp-content/uploads/resources/CEDAW-C-81-D-134-2018-English-clean-copy.pdf" target="_blank" rel="noopener">landmark decision</a> means all countries that criminalise women having sex with other women should immediately repeal these laws.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">UN Body Condemns Sri Lanka’s Criminalization of Same-Sex Acts <a href="https://t.co/UW0Opoqfwc">https://t.co/UW0Opoqfwc</a></p> <p>— Human Rights Watch (@hrw) <a href="https://twitter.com/hrw/status/1506776054706458627?ref_src=twsrc%5Etfw">March 23, 2022</a></p></blockquote> <p><strong>Which countries criminalise homosexuality?</strong></p> <p><a href="https://antigaylaws.org/" target="_blank" rel="noopener">Seventy-one countries</a> still criminalise homosexual conduct. Many of these are our neighbours – <a href="https://antigaylaws.org/regional/asia-2/" target="_blank" rel="noopener">ten in Asia</a> and <a href="https://antigaylaws.org/regional/pacificoceania/" target="_blank" rel="noopener">seven in the Pacific</a>.</p> <p>Many people assume these laws only apply to men having sex with men, but that’s not the case. Sexual conduct between women is prohibited in the criminal codes of 34 of these 71 countries.</p> <p>Countries with sharia law such as Afghanistan, Nigeria and Saudi Arabia also essentially criminalise lesbian sex. So there are <a href="https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/?type_filter=crim_sex_women" target="_blank" rel="noopener">43 countries</a> where it’s a crime for women to engage in same-sex sexual activity – almost a quarter of all countries in the world.</p> <p>The majority of the countries that criminalise same-sex sexual activity are members of the <a href="https://journals.sagepub.com/doi/abs/10.1177/1037969X1403900203" target="_blank" rel="noopener">Commonwealth</a>, whose anti-homosexuality laws were introduced by the British Empire.</p> <p>However, Britain only ever criminalised male homosexual activity, and the expansion of these laws to explicitly include female sexual activity is a relatively recent phenomenon. Countries that have done so include: Trinidad and Tobago (1986), Solomon Islands (1990), Sri Lanka (1995), Malaysia (1998) and Nigeria (2014).</p> <p>In the past 35 years, <a href="https://www.humandignitytrust.org/wp-content/uploads/resources/Breaking-the-Silence-Criminalisation-of-LB-Women-and-its-Impacts-FINAL.pdf" target="_blank" rel="noopener">ten jurisdictions</a> that previously only criminalised same-sex male sexual intimacy changed their laws to include, for the first time, new criminal sanctions of lesbians and bisexual women.</p> <p>The laws criminalising same-sex activity between women aren’t just arcane laws that are never enforced. In Malaysia just over three years ago, two women were <a href="https://www.theguardian.com/world/2018/sep/03/women-caned-in-malaysia-for-attempting-to-have-lesbian-sex" target="_blank" rel="noopener">caned six times</a> for attempting to have sex.</p> <p>And late last year, a <a href="https://www.advocate.com/world/2021/12/14/lesbian-detained-iran-fears-life-sareh" target="_blank" rel="noopener">lesbian activist in Iran</a> was arrested while trying to flee to Turkey to seek asylum. Before this, she was detained for 21 days by the Iraqi Kurdistan police following an interview she did with BBC Persian about the situation of the LGBTQ+ community in Iraqi Kurdistan.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">Atrocious punishment of lesbians in <a href="https://twitter.com/hashtag/Malaysia?src=hash&amp;ref_src=twsrc%5Etfw">#Malaysia</a> <a href="https://t.co/pknBrYnlO4">https://t.co/pknBrYnlO4</a></p> <p>— Amnesty UK Rainbow Network (@AmnestyUK_LGBTI) <a href="https://twitter.com/AmnestyUK_LGBTI/status/1037277740951584773?ref_src=twsrc%5Etfw">September 5, 2018</a></p></blockquote> <p><strong>The case</strong></p> <p>The case of <em>Flamer-Caldera v Sri Lanka</em> was brought by a lesbian activist to the UN Committee on the Elimination of Discrimination Against Women (CEDAW).</p> <p>She argued that Sri Lanka’s criminal laws violated her right to live her life free from discrimination based on her sexual orientation.</p> <p>The CEDAW committee agreed.</p> <p>It found the effect of Sri Lanka’s criminal code was that lesbian and bisexual women lived with the constant risk of arrest and detention. And the laws facilitate a culture where discrimination, harassment and violence against lesbians and bisexual women can flourish.</p> <blockquote class="twitter-tweet"> <p dir="ltr" lang="en">The verdict is clear: compulsory heterosexuality, enforced through legislation and policing as well as unchecked social stigma, violates women’s rights under international law. My piece for <a href="https://twitter.com/OutRightIntl?ref_src=twsrc%5Etfw">@OutRightIntl</a> on the <a href="https://twitter.com/hashtag/SriLanka?src=hash&amp;ref_src=twsrc%5Etfw">#SriLanka</a> <a href="https://twitter.com/hashtag/CEDAW?src=hash&amp;ref_src=twsrc%5Etfw">#CEDAW</a> ruling: <a href="https://t.co/cahtHV2k2d">https://t.co/cahtHV2k2d</a></p> <p>— Neela Ghoshal (@NeelaGhoshal) <a href="https://twitter.com/NeelaGhoshal/status/1507106976370769923?ref_src=twsrc%5Etfw">March 24, 2022</a></p></blockquote> <p>Law is a tool that governments use to communicate to society what is acceptable and unacceptable behaviour. When the Sri Lankan government declared any sexual intimacy between consenting women is a crime, it signalled to Sri Lankans that vilification, targeting and harassment of lesbians and bisexual women is acceptable, because they are criminals.</p> <p>The laws not only criminalise same-sex sexual conduct. They also perpetuate homophobia, stigmatise the LGBTQ+ community and sanction gender-based violence against lesbians and bisexual women.</p> <p>This decision sends a clear message to all governments who think it’s OK to persecute, harass and discriminate against lesbians and bisexual women – you are wrong.</p> <p><strong>What now?</strong></p> <p>Sri Lanka now has six months to provide a written response to the CEDAW Committee setting out the action it has taken, or will take, to give effect to the committee’s decision.</p> <p>Repealing the specific provision in the criminal law will not be enough. A much more holistic and nuanced response is required. In particular, the government will need to:</p> <ul> <li> <p>develop campaigns to counter prejudice and stereotypes directed at the LGBTQ+ community</p> </li> <li> <p>enact anti-discrimination laws prohibiting discrimination on the basis of sexual orientation, gender identity and intersex status</p> </li> <li> <p>embed human rights education in schools, promoting equality and respect for all regardless of their sexual orientation or gender identity</p> </li> <li> <p>provide training for police, judges and other law enforcement officials to increase their understanding of, and respect for, the human rights of LGBTQ+ people. This will also enable women to report homophobic crimes to the police without fear of retribution and with the knowledge the perpetrators will be prosecuted</p> </li> <li> <p>ensure there are adequate civil and criminal remedies for members of the LGBTQ+ community who are subjected to discrimination and gender-based violence.</p> </li> </ul> <p>The decision in <em>Flamer-Caldera v Sri Lanka</em> represents a watershed moment in international human rights law and will reverberate around the world.</p> <p>It’s now beyond dispute that criminalising consensual adult same-sex sexual conduct violates a woman’s right to privacy, dignity and non-discrimination.</p> <p>All governments have a duty to protect all women, including lesbians and bisexual women, from discrimination, gender-based violence and other harm.</p> <p>Any country that criminalises the sexual conduct of lesbians and bisexual women, regardless of whether they enforce the laws, is guilty of violating international law.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;" src="https://counter.theconversation.com/content/179936/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /></p> <p><em><a href="https://theconversation.com/profiles/paula-gerber-4812" target="_blank" rel="noopener">Paula Gerber</a>, Professor of Human Rights Law, <a href="https://theconversation.com/institutions/monash-university-1065" target="_blank" rel="noopener">Monash University</a></em></p> <p><em>This article is republished from <a href="https://theconversation.com" target="_blank" rel="noopener">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/un-committee-rules-anti-lesbian-sex-laws-breach-human-rights-in-landmark-decision-179936" target="_blank" rel="noopener">original article</a>.</em></p> <p><em>Image: Getty Images</em></p>

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TGA announces final decision: MDMA and psilocybin will not be rescheduled

<p>In October, Cosmos <a style="font-size: 14px;" rel="noopener" href="https://cosmosmagazine.com/health/body-and-mind/tga-psilocybin-report/" target="_blank">reported</a><span style="font-size: 14px;"> on the pending decision from Australia’s drug regulator on the potential rescheduling of psilocybin and MDMA from Schedule 9 (Prohibited Substances) to Schedule 8 (Controlled Medicines) of the Poisons Standard.</span></p> <div class="copy"> <p>The shift would see these treatments move beyond their current use solely in restricted clinical trials to broader applications in the treatment of a range of psychiatric disorders.</p> <p>At the time the article was written, the Therapeutic Goods Administration (TGA) had received 453 supportive submissions for MDMA and 575 for psilocybin, and 11 opposed for each. A growing body of experts was pushing strongly to have the two treatments down-scheduled.</p> <p>Earlier this week, the TGA announced its <a rel="noopener" href="https://www.tga.gov.au/scheduling-decision-final/notice-final-decisions-amend-or-not-amend-current-poisons-standard-relation-psilocybin-and-mdma" target="_blank">final decision</a>: MDMA and psilocybin will not be rescheduled for use as medicines at this time.</p> <p>This will be a blow to those who have been advocating for the substances’ inclusion as controlled medicines, citing evidence of safety and efficacy for a range of clinical treatments. However, a number of researchers have welcomed the news.</p> <p>Citing research published by Dr Martin Williams, Executive Director of Psychedelic Research In Science &amp; Medicine (PRISM Ltd), and colleagues, the TGA announcement notes that any changes to the scheduling of MDMA and psilocybin must be done with the current Australian clinical context in mind, ensuring that Australia’s medical community is adequately equipped with expertise in both administration and ethical use.</p> <p>Williams has subsequently expressed his support for the announcement, noting that this decision reflects insufficient evidence rather than any identified safety concerns.</p> <div class="newsletter-box"> <div id="wpcf7-f6-p177271-o1" class="wpcf7"> <p style="display: none !important;"> </p> <!-- Chimpmail extension by Renzo Johnson --></div> </div> <p>“While excellent late-phase clinical research is ongoing around the world, and the results so far have been very promising, we agree that the standards of evidence required for formal approval and implementation still need to be met,” Williams says.</p> <p>He reiterates that the decision doesn’t mark the end of the road for the drugs in a clinical setting, but simply ensures research continues to work towards establishing safe practices.</p> <p>“Australian research needs to be conducted to ensure successful implementation in the local environment, to engage our medical community, and to pave the way towards appropriate training and accreditation of Australian mental health professionals in this game-changing area of mental health practice,” he says.</p> <p>Fellow PRISM director Dr Stephen Bright agreed with this position, stating that rescheduling at this time would be “premature given there is still no accredited training in Australia”.</p> <p>“My concern was that the application for rescheduling, as submitted, did not go far enough to ensure adequate clinical governance for the use of these powerful therapeutic drugs,” says Bright.</p> <p>“Without an established and integrated system of clinical governance for the provision of psychedelics, rescheduling alone may open the door to unsafe and unethical practices. Appropriate training in this novel and paradigm-changing approach is still broadly lacking, even among mental health professionals.”</p> <p>“At PRISM Ltd, our focus remains on completing the research we are engaged in that will put Australia in a better position to make these drugs medicines.”</p> <!-- Start of tracking content syndication. Please do not remove this section as it allows us to keep track of republished articles --> <img id="cosmos-post-tracker" style="opacity: 0; height: 1px!important; width: 1px!important; border: 0!important; position: absolute!important; z-index: -1!important;" src="https://syndication.cosmosmagazine.com/?id=177271&amp;title=TGA+announces+final+decision%3A+MDMA+and+psilocybin+will+not+be+rescheduled" alt="" width="1" height="1" /> <!-- End of tracking content syndication --></div> <div id="contributors"> <p><em><a rel="noopener" href="https://cosmosmagazine.com/australia/psychedelics-will-not-be-rescheduled/" target="_blank">This article</a> was originally published on <a rel="noopener" href="https://cosmosmagazine.com" target="_blank">Cosmos Magazine</a> and was written by <a rel="noopener" href="https://cosmosmagazine.com/contributor/jamie-priest" target="_blank">Jamie Priest</a>. Jamie Priest is a science journalist at Cosmos. She has a Bachelor of Science in Marine Biology from the University of Adelaide.</em></p> <p><em>Image: Getty Images</em></p> </div>

Mind

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High Court decision on $125 million fine for Volkswagen is a warning to all greenwashers

<p>The High Court of Australia has today refused to hear Volkswagen’s appeal against the record A$125 million fine imposed on it for deliberately deceiving regulators and customers about the environmental performance of its cars.</p> <p>The $125 million fine is the largest penalty ever imposed on a company in Australia for misleading consumers. It relates to the so-called “dieselgate” scandal, by which the German car company used secret software to beat emissions standards and tests in multiple countries.</p> <p>This is a significant win for the <a rel="noopener" href="https://www.accc.gov.au/media-release/high-court-denies-volkswagen-leave-to-appeal-125-million-penalty" target="_blank">Australian Competition and Consumer Commission</a> in its ongoing battle against “greenwash”, by which companies make false environmental claims to mislead consumers.</p> <p><a rel="noopener" href="https://journals.sagepub.com/doi/full/10.1177/1050651919874105" target="_blank">Research shows</a> greenwashing harms the market for environmentally friendly products. Without being able to distinguish between genuine and dubious claims, consumer cynicism about all claims increases.</p> <p>The <a rel="noopener" href="https://www.australiancompetitionlaw.org/legislation/provisions/acl18.html" target="_blank">Australian Consumer Law</a> adequately prohibits greenwashing claims through its provisions covering false and misleading practices. But this evidence the consumer watchdog is enforcing these laws, and that the courts are upholding them, will build confidence that environmental claims can be trusted.</p> <p><strong>Background to the ‘dieselgate’ case</strong></p> <p>The ACCC initiated Federal Court proceedings against Volkswagen in September 2016, a year after the US Environmental Protection Agency revealed the car company had used “defeat” software in diesel vehicles since 2009 to produce lower greenhouse gas emissions during “laboratory” tests.</p> <p>This software shut off during road use, meaning the cars performed better, but then produced nitrogen oxide pollution <a rel="noopener" href="https://www.bbc.com/news/business-34324772" target="_blank">up to 40 times that permitted</a> by US law.</p> <p><img src="https://images.theconversation.com/files/431640/original/file-20211112-19-bb47po.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" alt="Volkswagen's software ensured cars produced lower nitrogen oxide emissions when being tested." /> <em><span class="caption">Volkswagen’s software ensured cars produced lower nitrogen oxide emissions when being tested.</span> <span class="attribution"><span class="source">Shutterstock</span></span></em></p> <p>Volkswagen had used its software globally. The ACCC alleged the car maker sold 57,000 cars with these defeat devices in Australia between 2011 and 2015.</p> <p>Volkswagen initially fought the case by the ACCC, but <a rel="noopener" href="https://www.smh.com.au/business/consumer-affairs/judge-warns-that-vw-fine-will-be-multiples-of-75m-imposed-by-accc-20191016-p531be.html" target="_blank">in 2019 agreed to settle</a> for a fine of $75 million (and $4 million in court costs).</p> <p>When this was taken to the Federal Court for ratification (approval) the judge, Justice Lindsay Foster, rejected the deal as “outrageous”. He called the “agreed statement of facts” about the harm caused “<a rel="noopener" href="https://www.afr.com/companies/transport/outrageous-judge-slams-accc-over-vw-deal-20191016-p5313c" target="_blank">a bunch of weasel words</a>”. In his ruling in <a rel="noopener" href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2019/2166.html" target="_blank">December 2019</a> he doubled the penalty to $125 million.</p> <p>Volkswagen appealed this judgement to the full bench of the Federal Court (the equivalent of a court of appeal), arguing it was manifestly excessive. In its ruling (in April 2021) the full bench disagreed and <a rel="noopener" href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2021/49.html" target="_blank">upheld the A$125 million penalty</a>.</p> <p>This led to Volkswagen appealing to the High Court (Australia’s ultimate court of appeal). Today it refused “special leave” (permission to bring the whole case) to challenge the ruling and the large penalty. Which means the A$125 million fine stands.</p> <p><strong>This sends a strong message</strong></p> <p>This decision will send a very strong message to other manufacturers and sellers of products making environmental claims.</p> <p>The Australian Consumer Law’s provisions against greenwashing are contained in <a rel="noopener" href="https://www.australiancompetitionlaw.org/legislation/provisions/acl18.html" target="_blank">Section 18</a> of the act, dealing with misleading or deceptive conduct.</p> <p>As the market for “green products” has expanded over the past few decades, so too has the temptation for unsavoury producers and marketers to make misleading statements.</p> <p>In response, some consumer groups and activists have demanded new laws to prevent greenwash. But <a rel="noopener" href="http://www.austlii.edu.au/au/journals/BondLRev/2012/2.pdf" target="_blank">my research</a> with Marina Nehme (now associate professor of corporate law at UNSW) led us to to the view the existing laws actually cover all the relevant situations.</p> <p>The High Court decision today demonstrates this. There are hundreds of examples of the consumer watchdog successfully pursuing greenwashers, but the size of the fine in this case will stand out and serve to deter others.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;" src="https://counter.theconversation.com/content/171733/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><em><a rel="noopener" href="https://theconversation.com/profiles/michael-adams-18149" target="_blank">Michael Adams</a>, Professor of Corporate Law &amp; Head UNE Law School, <a rel="noopener" href="https://theconversation.com/institutions/university-of-new-england-919" target="_blank">University of New England</a></em></p> <p><em>This article is republished from <a rel="noopener" href="https://theconversation.com" target="_blank">The Conversation</a> under a Creative Commons license. Read the <a rel="noopener" href="https://theconversation.com/high-court-decision-on-125-million-fine-for-volkswagen-is-a-warning-to-all-greenwashers-171733" target="_blank">original article</a>.</em></p> <p><em>Image: Getty Images</em></p>

Money & Banking

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“The court was wrong”: James Spears speaks out on conservatorship decision

<p><span style="font-weight: 400;">After his immediate suspension from conservatorship of his daughter, Britney Spears, Jamie Spears has since issued a statement via his attorney, Vivan Thoreen on Thursday.</span></p> <p><span style="font-weight: 400;">“Mr Spears loves his daughter Britney unconditionally,” the statement said.</span></p> <p><span style="font-weight: 400;">“For thirteen years, he has tried to do what is in her best interests, whether as a conservator or her father. THis started with agreeing to serve as her conservator when she voluntarily entered into the conservatorship. This included helping her revive her career and re-establish a relationship with her children.</span></p> <p><span style="font-weight: 400;">“For anyone who has tried to help a family member dealing with mental health issues, they can appreciate the tremendous amount of daily worry and work this required. For Mr Spears, this also meant biting his tongue and not responding to all the false, speculative, and unsubstantiated attacks on him by certain members of the public, media, or more recently, Britney’s own attorney.</span></p> <p><span style="font-weight: 400;">“These facts make the outcome of yesterday’s hearing all the more disappointing, and frankly, a loss for Britney.”</span></p> <p><span style="font-weight: 400;">The statement goes on to point out that Mr Spears “took the initiative” in petitioning to terminate the conservatorship and claims that the court was wrong to suspend him and replace him with “a stranger”.</span></p> <p><span style="font-weight: 400;">Judge Brenda Penny ruled that Mr Spears would no longer serve as the conservator of his daughter’s estate and immediately removed him from control of her finances.</span></p> <p><span style="font-weight: 400;">“I believe that the suspension is in the best interest of the conservatee,” Penny said. “The current situation is untenable.”</span></p> <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CUbMCJKsRbJ/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" rel="noopener" href="https://www.instagram.com/p/CUbMCJKsRbJ/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank">A post shared by Britney Spears (@britneyspears)</a></p> </div> </blockquote> <p><span style="font-weight: 400;">In the days following the court’s decision, Ms Spears and her fiance Sam Asghari shared pictures from their celebratory trip to a tropical paradise.</span></p> <p><span style="font-weight: 400;">A hearing has been set for November 12 to determine whether the conservatorship will be ended.</span></p> <p><em><span style="font-weight: 400;">Image: britneyspears / Instagram</span></em></p>

Relationships

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"Crushed with guilt": Decision to put down "pandemic puppy" causes heated debate

<p><span style="font-weight: 400;">A journalist has sparked debates online over her decision to euthanise her dog she adopted during the COVID-19 pandemic.</span></p> <p><span style="font-weight: 400;">Madeline Bills published a piece on </span><span style="font-weight: 400;">Slate </span><span style="font-weight: 400;">sharing the story of her adoption of Bennie, “a six-year old beagle whose photo melted my heart”, just before Christmas.</span></p> <p><span style="font-weight: 400;">“Like many others last year, I was thrilled to adopt a dog,” she wrote.</span></p> <p><span style="font-weight: 400;">“The so called pandemic puppy boom made for what felt like stiff competition at the time.”</span></p> <p><span style="font-weight: 400;">But, the journalist said the New Jersey animal shelter she adopted Bonnie from likely failed to inform her of the dog’s history of aggressive behaviour.</span></p> <p><span style="font-weight: 400;">After six months of behavioural training and “daily dog anxiety meds” seemed to make no difference to Bonnie’s biting, Bilis made the decision to try and rehome the pooch.</span></p> <p><span style="font-weight: 400;">“But I soon learned the shelter where Bonnie came from wouldn’t help me. A volunteer explained that Bonnie was too dangerous to adopt out again, and their affiliated sanctuaries - including several beagle-specific rescues - declined to take her,” she wrote. “Another dog rescue organisation in New York City told me that her bite history - seven bites at the time, though that number would grow - was too extensive for her to even qualify for a special rehabilitation program.”</span></p> <p><span style="font-weight: 400;">Bilis said both conversations ended with the same conclusion: “behavioural euthanasia”.</span></p> <p><span style="font-weight: 400;">“She was adorable - and violent,” Bilis wrote. “I found a resolution many choose but few acknowledge.” </span></p> <p><a href="https://twitter.com/madelinebilis/status/1402611855252668417"><span style="font-weight: 400;">https://twitter.com/madelinebilis/status/1402611855252668417</span></a><span style="font-weight: 400;"> </span></p> <p><span style="font-weight: 400;">The article drew praise from some readers for addressing a difficult topic, which described how Bonnie was involved in several biting incidents.</span></p> <p><span style="font-weight: 400;">“Last Christmas morning, I patted my bed, invitingly my newly adopted beagle, Bonnie, to jump and cuddle,” she began in the piece.</span></p> <p><span style="font-weight: 400;">“My boyfriend, still under the covers, reached out to pet her soft little head, which was now wedged between us. I turned away to grab my phone, and it happened: a guttural bark, followed by a human scream. I whipped around to see my boyfriend’s hand covered in blood. It was Bonnie’s second bite in the week since I’d adopted her.”</span></p> <p><span style="font-weight: 400;">Bilis recounted another incident where Bonnie bit a man walking past them on the footpath, though she was surprised “the man brushed off the incident”.</span></p> <p><span style="font-weight: 400;">As the number of incidents continued to grow, Bilis said her “desire to stop living with a dangerous animal” grew too.</span></p> <p><span style="font-weight: 400;">“As the weeks went by and no new options appeared, I realised I had a choice: I could send her off with a stranger one day - someone she would certainly injure, and who would perhaps end up euthanising her anyway - or I could allow her to leave this terrifying world peacefully with someone she loves.”</span></p> <p><span style="font-weight: 400;">She stressed the choice to pursue behavioural euthanasia was “not a decision made out of convenience”.</span></p> <p><span style="font-weight: 400;">“Crushed with guilt, I wondered if there was more I could have done to help my sweet beagle,” she said.</span></p> <p><span style="font-weight: 400;">Unsurprisingly, the article drew criticism online, with other owners of adopted dogs claiming the decision was motivated by inconvenience.</span></p> <p><span style="font-weight: 400;">One user said that in her “30-year-plus career as a veterinarian who works on dogs with anxieties and behavioural issues, I’ve only had to euthanise two dogs for child safety reason.”</span></p> <p><span style="font-weight: 400;">Many also defended Bilis, agreeing she had no choice in the matter.</span></p> <p><span style="font-weight: 400;">“A lot of people angry about this article but obviously the correct thing to do with a violent and dangerous domesticated animal is put it down,” wrote </span><span style="font-weight: 400;">Daily Wire</span><span style="font-weight: 400;"> host Matt Walsh.</span></p>

Family & Pets

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Royal snub: Prince Charles' quiet decision against Prince Harry

<p>Christmas is approaching and Prince Harry has been served the ultimate royal snub by his father Prince Charles.</p> <p>Each year, the royal family releases Christmas teddy bears that are named after members of The Firm.</p> <p>However, Harry is nowhere to be found on the website this year.</p> <p><img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7838341/prince-harry.jpg" alt="" data-udi="umb://media/c0a04e8d080a4650ab628eb06a7ab02c" /></p> <p>It follows after an intense year for the Duke and Duchess of Sussex who announced their intention to resign as senior royal members at the beginning of the year.</p> <p>The couple are now perched in their California mansion with their son, Archie, as they pursue their own career paths.</p> <p>The teddy bears are sold through the Highgrove Gardens store along with other products.</p> <p>All funds raised going towards the Prince of Wales Charitable Fund.</p> <p>The 'William' and 'Louis' teddy bears are selling for £125 (AUD$227) and are made of alpaca hair and feature a gold-embroidered Highgrove emblem on its paw.</p> <p><img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7838339/prince-harry-2.jpg" alt="" data-udi="umb://media/4bfcfb9ac42541ce8df3bb72580046b0" /></p> <p>The 'William' bear is described as: "Handmade by Merrythought, the last remaining British teddy bear manufacturer, William is a classically designed teddy bear crafted from the highest-quality pale gold alpaca hair.</p> <p>"Featuring a gold embroidered Highgrove emblem on his sandy-beige silk paw, he has honeyed coloured eyes, a beautifully simple smile and is wonderfully soft and cuddly.</p> <p>"His look is complete with a large green and gold satin bow – a perfect accessory for a grand looking bear.</p> <p>"An ideal companion for anyone who loves bears, William arrives in a presentation box with a certificate of authenticity.</p> <p>"William Bear is an exquisite piece of British heritage and a loyal companion to both adults and children alike."</p> <p>Only 200 William bears have been made and each comes in an easy-to-wrap presentation box.</p> <p><img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7838339/prince-harry-2.jpg" alt="" data-udi="umb://media/4bfcfb9ac42541ce8df3bb72580046b0" /></p> <p>In 2019, a limited edition 'Harry' bear made from mohair from goats was withdrawn from sale after concerns were raised about animal cruelty.</p> <p>The gift shop told The Mirror: "We will no longer be selling products manufactured using mohair once current stocks have sold out."</p> <p>Since then though, a more ethical version of the 'Harry' bear has not been produced.</p> <p>All items relating to Prince Andrew have been entirely pulled from the gift shop.</p> <p>Prince Andrew has stepped down from royal duties after his friendship with deceased convicted child sex offender Jeffrey Epstein was made public.</p> <p>Prince Harry memorabilia is still on sale at Balmoral.</p>

Relationships

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"Ridiculous speed": Mum's crucial decision that saved her baby's life

<p>A mum has shared a decision that she made that saved the lives of her family after her car was hit by a car going more than 160km/h.</p> <p>Hayley explained that she was driving with her one-year-old son to do a quick errand when they were hit from behind.</p> <p>“We were in the wrong place at the wrong time,” the mother wrote on Facebook.</p> <p>She explained that a car travelling at a “ridiculous speed” of more than 160km/h smashed into them.</p> <p>“Ran straight up the back of us and slingshot our car into the drain,” she wrote.</p> <p>Both mum and baby Miles escaped with minor injuries.</p> <p>“My son and I walked away from this terrifying crash a little battered and bruised, but nevertheless we were able to walk away,” Hayley wrote.</p> <p>The lifesaving decision that she and her husband made that saved the life of her one-year-old was choosing a child car restraint with rear-facing capabilities, which allowed Miles to continue to travel in the rear-facing position.</p> <p>“...the police officer ‘took her hat off to me’ for still having my 1-year-old REARWARD FACING! He only had two little bruises from the harness in all this carnage.</p> <p>“If he was facing forwards, the police officer said this would of been a whole different conversation we would of been having and his injuries would of been horrendous instead of minor,” she explained.</p> <p>She posted the ordeal on Facebook in the hope that other parents would think twice before changing their child's car seat to a forward-facing option.</p> <p>“Please, please, please keep your babies safe! Keep them rearward facing as long as possible! You just never know when the unexpected can happen,” she wrote.</p>

Travel Trouble