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AIT Unit 3 Exam 79 Questions with Verified Answers
Defamation - CORRECT ANSWER - Remember that Defamation = 'De-fame'
- Defamation laws are about balancing freedom of expression and protection of reputation
- To defame someone means to diminish someones reputation
- Defamation law is the law of reputation
- Two types: Libel (Written) and slander (Oral)
- In January 2006, states have uniform defamation laws, so its consistent. Three elements to a defamatory action - CORRECT ANSWER 1. Defamatory Imputations
- Defamatory matter
- Identify what is being said and what is the relevent part that is defamatory.
- Defamatory imputations can arise from the natural/ordinary meaning or from "Innuendo" aka the secondary meaning of what is being said, such as external information that when is combined with what is originally said, even if what is said by itself is fine.
- To test if what is said is defamatory, it must bring hatred, contempt or ridicule, cause people to shun or avoid the victim or even lower the victims reputation. (Only one of these need to be met)
- The courts do this test by seeing how a hypothetical person, who is of reasonable intelligence reacts to the imputations.
- Defamatory imputations must refer to the victim
- The victim does not have to be named, but they must be able to be identified.
- However there are limits to who can be defamed, the victim must be alive.
- You cant defame a company with more than 10 employees or a company that is a non for profit.
- You cant defame a group of people such as Tradies or Christians.
- Publication The defamatory matter must be made public or communicated to atleast one other person.
More people the defamatory matter is published too, = greater damage to reputation = more money from the court$ What to do if you're defamed - CORRECT ANSWER - Ask web host to take the defamatory material down
- Write to person who wrote it and ask them to take it down
- Take legal preceedings, however you should get legal advice first.
- Take it to court
- Try to get it solved outside of court tho (thats expensive) What to do if you're accused of defamation - CORRECT ANSWER The best thing to do if you are accused of defamation is to take down the offending post, and offer an apology. If you're lucky, the person will forgive you and wont end up in court. With the rise of social media, ordinary citizens are becoming publishers and will be subjected to the same laws as newspapers and other news outlets.
- You should also post a correction
- Offer to pay for the damages caused by the post. What counts as defamation - CORRECT ANSWER - Saying someone has a contagious disease.
- Saying someone is insane
- Blatant, provable lies that the poster knew was false. Things that are NOT examples of defamation - CORRECT ANSWER Saying a singer had a bad performance at the concert Privacy Principle 5 - CORRECT ANSWER Australian Privacy Principle 5—no ca on of the collec on of personal information 5.1 At or before the me or, if that is not prac cable, as soon as prac cable a er, an APP en ty collects personal information on about an individual, the en ty must take such steps (if any) as are reasonable in the circumstances: (a) to notify the individual of such ma ers referred to in subclause 5.2 as are reasonable in the circumstances; or (b) to otherwise ensure that the individual is aware of any such ma ers.
APP 6 introduces a limited number of new exceptions to the general requirement that an agency only uses or discloses personal information for the purpose for which the information was collected. These include where the use or disclosure is reasonably necessary: to assist in locating a missing person to establish, exercise or defend a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution. For a more detailed comparison of APP 6 and IPPs 10 & 11, see 'Limits on the use and disclosure of personal information' on page 19. APP 6 - use and disclosure of personal information - CORRECT ANSWER APP 6 outlines the circumstances in which an agency may use or disclose the personal information that it holds about an individual. APP 6 introduces a limited number of new exceptions to the general requirement that an agency only uses or discloses personal information for the purpose for which the information was collected. These include where the use or disclosure is reasonably necessary: to assist in locating a missing person to establish, exercise or defend a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution. For a more detailed comparison of APP 6 and IPPs 10 & 11, see 'Limits on the use and disclosure of personal information' on page 19. APP 7 - direct marketing - CORRECT ANSWER APP 7 regulates the use and disclosure of personal information by organisations for the purpose of direct marketing. Generally, organisations may only use or disclose personal information for direct marketing purposes where the individual has either consented to their personal information being used for direct marketing, or has a reasonable expectation that their personal information will be used for this purpose, and conditions relating to opt-out mechanisms are met.
APP 7 permits contracted service providers for Commonwealth contracts to use or disclose personal information for the purpose of direct marketing if certain conditions are met. Section 7A sets out the circumstances when an act or practice of an agency will be treated as an act or practice by an organisation. This includes where an agency is listed in Division 1 of Part 2 of Schedule 2 to the Freedom of Information Act 1982 in relation to their commercial activities, or are prescribed by regulation. For a more detailed comparison of APP 7 and IPPs 10 & 11, see 'Limits on the use and disclosure of personal information' on page 19. APP 12 - access to personal information - CORRECT ANSWER Like IPP 6, APP 12 requires an agency to give an individual access to the personal information that it holds about that individual, unless the agency is required or authorised to refuse to give access by or under the Freedom of Information Act 1982 or any other Commonwealth or Norfolk Island legislation that provides for access by persons to documents. Where access is given under the Privacy Act, APP 12 introduces a new requirement for agencies to respond to requests for access within 30 days. Agencies must give access in the manner requested by the individual if it is reasonable and practicable to do so, and must not charge. If an agency refuses to give access, or to give access in the manner requested, it must take reasonable steps to give access in a way that meets the needs of the agency and the individual. This could include the use of a mutually agreed intermediary. If an agency decides not to give an individual access it must generally provide written reasons for the refusal and the mechanisms available to complain about the refusal. For a more detailed comparison of APP 12 and IPP 6, see 'Access to records containing personal information' on page 17.
amendments the Federal Government aimed to promote a push rather than pull approach the FOI with a focus on innovation and research through sharing government information with businesses. And the community as a whole. This had led to new methods of disseminating government data to the public. There is now a requirement that the public publish government information in a way that is accessible and easy to understand.
- purpose of promoting more openness in government. What information can be accessed under the Freedom of Information Act? - CORRECT ANSWER As government documents are available for disclosure the particular class or type of documents that you wish to seek will vary depending on your needs. The majority of requests concern individuals seeking access to their own public files. However, accessible information does not stop at personal files. If you are in business it is worth seeking out information held by the Department of Industry, Innovation and Science. Access to government documents from the above agency will aid your business in keeping up with innovative developments in industry. Examples of other information include ASIO documents and audit office documents. Importantly, you do not require a special interest or reason to access these documents and companies, as recognised legal persons, can request information in the same way as individuals. How to access information under FOI - CORRECT ANSWER When requesting information under the FOI Act, it is worth noting that:A request must be in writing;
- A written request can be made over email;
- You must provide an adequate description of the request;
- The description must be clear enough for the government agency or minister to identify the substance of the request; and
- There are no application fees for making a request or challenging a denial to the Australian Information Commissioner. Government's obligations when responding to a FOI request? - CORRECT ANSWER Aside from the requirement of disclosure, the government has further obligations to ensure efficacy when disclosing government information. It is worth
understanding requirements of government agencies and ministers to ensure that your request is not made in vain. Central to the efficacy of FOI claims is the promptness of government response. This is provided for in the FOI act in the following ways:
- Requests must be acknowledged within 14 days;
- Requests must be responded to within 30 days;
- Failure of a government agency or minister to reply cannot result in additional fees; and
- Reasons for denial of disclosure must be given and justified What Information is exempt from government disclosure - CORRECT ANSWER Whilst a broad range of information is available for access and request under the FOI act, some exemptions remain. Most importantly, for businesses you will not be able to get your hands on trade secrets or commercially valuable information, unless it is in the public interest to do so. Other exemptions include information that is vital to the security of Australia and exemptions to uphold other recognised legal interests of a person. As the FOI act is the key area of law that guides government accountability it is undoubtedly worth getting your head around, not only for personal reasons but also to be sure that you and your business keep up to date with developments in your field. Privacy Act 1988 - CORRECT ANSWER - An Australian Law that regulated the handling of personal information about individuals, involves the collection, use, storage and disclosure of personal information and access to and correction of the information. Personal Information - CORRECT ANSWER Information or options that can be linked back to an individual.
- Personal Information includes things such as Date of Birth, work Place, Sensitive Information - CORRECT ANSWER Information or opinions about or including;
- Race or ethnicity
- Religion
- Monitor your credit report.
- Review your credit cards statements carefully. Social Media defamation - CORRECT ANSWER Defamation occurs when a person intentionally spreads information about another person, group of people, or small company that damaged their reputation or can make others think less of them Defamation is actionable regardless of the medium Defamation cases involving the internet and social media are relatively new, but the same principles apply. A person who did not create the defamatory material, but only shares it (e.g retweet), can also be held found liable guilty of defamation. There are several defences to defamation includes that the statement was true, or that it was an expression of an honest opinion, consequently, you may be able for defamation if you spread information which constitutes a hurtful and untrue statement of fact about another person. Intellectual Property - CORRECT ANSWER Intangible property that is the result of creativity and are creations of the mind, such as patents, copyrights Trademark - CORRECT ANSWER A trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company. Trademarks promote initiative and enterprise worldwide by rewarding their owners with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. Trademarks may be one or a combination of words, letters and numerals. They may consist of drawings, symbols or three-dimensional signs, such as the shape and packaging of goods. In some countries, non-traditional marks may be registered for distinguishing features such as holograms, motion, colour and non-visible signs (sound, smell or taste). Patent - CORRECT ANSWER A patent is an exclusive right granted for an invention
- a product or process that provides a new way of doing something, or that offers
a new technical solution to a problem. A patent provides patent owners with protection for their inventions. Protection is granted for a limited period, generally 20 years. Patent protection means an invention cannot be commercially made, used, distributed or sold without the patent owner's consent. Patent rights are usually enforced in courts that, in most systems, hold the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party. Patent owners may give 5 permissions to, or license, other parties to use their inventions on mutually agreed terms. Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent. Once a patent expires, protection ends and the invention enters the public domain. Copyright - CORRECT ANSWER Copyright laws grant authors, artists and other creators protection for their literary and artistic creations, generally referred to as "works". A closely associated field is "related rights" or rights related to copyright that encompass rights similar or identical to those of copyright, although sometimes more limited and of shorter duration. The beneficiaries of related rights are: performers (such as actors and musicians) in their performances; producers of phonograms (for example, compact discs) in their sound recordings; and broadcasting organizations in their radio and television programs. Works covered by copyright include, but are not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings. Fair Dealing - CORRECT ANSWER Designed to allow the lawful use or reproduction of work without having to seek permission from the copyright owner(s) or creator(s) or infringing their interest. There are three instances where fair dealing is a legitimate defence:
- If the use is for the purposes of research or private study;
- if it is used for the purposes of criticism, review or quotation
- Where it is utilised for the purposes of reporting current events (this does not apply to photographs) Private use - CORRECT ANSWER Private use allows users to download and copyrighted materials for personal (private use). For example, someone may
This is a two-stage process. Firstly, identify what is meant by the publication and secondly whether the imputations arising from the publication are defamatory. A publication is defamatory of a plaintiff if it contains imputations that:
- have a tendency to lower the plaintiff's estimation in the eyes of right-thinking members of the society generally; or
- were calculated to injure the reputation of the plaintiff by exposing him or her to hatred, contempt or ridicule;
- have the capacity and tend to put the plaintiff in the position of being shunned and avoided. The imputations can arise from the natural and ordinary meaning of words, or there can be inferences, such as false or popular innuendoes. Defences in a defamation lawsuit - CORRECT ANSWER 1. Truth or justification If the imputations are true, then the defendant has a complete defence. Regardless of what was published, the plaintiff loses. And it is the worst way to lose. The allegations are repeated at trial, over and over and possibly reported on by the media. The jury then declares that the defamation is true, exacerbating the defamation many times over. Then there is the matter of having to pay the defendant's costs.... The statute also provides that if the imputations are substantially true, then the defendant has a defence of justification. Contextual Truth
- Some imputations are true but not all of them. E.g 3 defamatory imputations, if 2 are true but 1 is false/exaggerated, the one fake imputation will not really damage the victims reputation that much.
- Fair comment or honest opinion Innocent dissemination When a subordinant distributor had no reasonable way of knowing that what they were sharing was infact defamation. E.g Librarians, broadcasters of live programs,
A defendant is allowed to publish a fair comment or honest opinion. For fair comment, the comment must be based on facts that are truly stated (or absolutely privileged) and the comment must be fair. For honest opinion, all that is required is that the opinion be held honestly (almost regardless of what it is!), that the opinion was based on proper material and that it was on a matter of public interest. The next step is that the fair comment defence can be defeated if the publisher is actuated by malice. Malice is proven where a person makes a statement for an improper purpose or has an improper motive. Annotated diagrams, sketches, wireframes and grid. - CORRECT ANSWER - Project management tools
- Rough sketches taht show what the finished product may look like
- Annotations are notes written around the outside of a sketch
- Can be hand drawn or done by a computer
- Grid means that they have grid paper so you can like up the sides of objects better Thumbnails - CORRECT ANSWER - A thumbnail is a small version of a larger picture -It is quick to load on a webpage -Thumbnails take up less space on the webpage -They show a version of the image, if you like it, you click it to make it bigger. -An example of this is google images, where you search the thumbnails to find the picture you want. -It is used in design planning; to show placeholders where images will go in a design. -You draw a thumbnail of the actual picture Wireframes - CORRECT ANSWER - Wireframes focus on the visual design elements of the site very close or identical to the actual final site design include all the graphics, typography, and other page elements semi-functional webpage layouts
- Used for planning Storyboards - CORRECT ANSWER - A storeboard is a sequence of pictures showing details for a product
- Design the features of each individual page
On a Gantt chart, you can easily see: The start date of the project What the project tasks are Who is working on each task When tasks start and finish How long each task will take How tasks group together, overlap and link with each other The finish date of the project. Flowchart - CORRECT ANSWER - A flowchart is aseries of boxes joined by lines that show flow of information
- The boxes show the things/nouns and the lines show the flow of data between them
- used to graphically represent in a logical order the steps required to create a solution
- Should indicate some details of the procedures to be followed to produce the digital solutionj and output. PROJECT MANAGEMENT APPROACH - PROTOTYPE - CORRECT ANSWER Prototype Approach
- Prototype = a model of a product or solution
- Prototyping = An interactive process to develop a system or product.
- Users and developers interact.
- For what? Large scale = building a bridge or new skyscraper. Small scale = completing a website or a graphic design
- Involves 4 steps: Identify basic requirements, Develop initial prototype, User review, Revise and enhance the prototype Prototype advantages - CORRECT ANSWER - Users can see the model and be able to talk about it
- Helps resolve discrepancies among users
- Gives users a feel for the final system / product
- Helps determine technical feasibility
- Helps sell the idea of a proposed system / product Prototype disadvantages - CORRECT ANSWER - Leads people to believe the final system will follow
- Gives no indication of performance under operational conditions
- Leads the project team to forgo proper testing and documentation PROJECT MANAGEMENT - STRUCTURED - CORRECT ANSWER Traditional style of project management with stages which include:
- Initiation
- Planning
- Production
- Monitoring and
- Closing. STRUCTURED - INITIATION STAGE - CORRECT ANSWER Initiation Stage
- What are the needs?
- What is in place now?
- What is the cost?
- Who will use it?
- Who will develop it? STRUCTURED - PLANNING STAGE - CORRECT ANSWER Planning Stage
- Develop the scope (what is involved in the project)
- Select the planning team
- Identify tasks and who will do them
- Estimate resources needed for tasks.
- Estimate time and cost
- Develop a schedule.
- Develop a budget STRUCTURED - PRODUCTION STAGE - CORRECT ANSWER Production Stage
- Commence the tasks from the planning stage STRUCTURED - MONITORING STAGE - CORRECT ANSWER Monitoring Stage
- Are we able to continue?
- Who is behind in their work?
- How do we fix problems?
Contingency Plan - CORRECT ANSWER -You can create the perfect project plan, however if there are some hold ups with the completion of tasks your plan could be thrown into chaos. -Contingency plans are a set of predetermined actions that a project team will undertake if some kind of 'disaster' occurs. (back up plan if you will) -E.g. if new software is not developed in time for its schedule implementations, staff may keep using a manual system until the new one is ready. Critical Path - CORRECT ANSWER -The time of some tasks can be extended without affecting the completion time of the project. Other tasks might delay the whole project even if they are only slightly over due -These tasks that might delay the whole project lie on the 'critical path' -Extra resources might need to be provided to ensure that these tasks do not run over time -Gantt charts and other project management software (tracker, Microsoft Project) are a good way of keeping track of tasks that are critical as well as highlighting the projects timeline Collaboration - CORRECT ANSWER -Where several members of a team work together on parts of the same solution at the same time. Team members may be separate from each other geographically. -That's why version control is important and technology in this day and age is helpful (cloud computing) Disadvantages of collaboration - CORRECT ANSWER - When you have a collaborative group, you may sometimes end up with too many people trying to lead the group, and not enough members that are willing to take a backseat and just do what it takes to get the job done.
- When you group different people together to collaborate on one project or set of responsibilities, there may be a conflict in the working styles of the individuals within the group. This can be a disadvantage because it can hold up progress on accomplishing the job at hand, while team members instead muddle through conflicts caused by the different ways team members approach the work.
Advantages of collaboration - CORRECT ANSWER - One of the advantages of collaborative efforts in the workplace is the way that the work is divided. When more than one person is involved in accomplishing a certain task, particularly when it is a large project, it helps for everyone to have a small portion of the responsibility to ensure things get done versus loading one or two people with too much work to accomplish
- When you have different people collaborating on a project, then you get a greater sense of creative input. You are able to tap into the creative combination of several employees in one group. The collection of different ideas, approaches to the project and brainstorms can spur innovative results that can in turn raise the visibility and quality of the products or services offered by your company Skills of a project manager - CORRECT ANSWER Problem solving IT Communication Leadership Purchasing Accounting Operations - CORRECT ANSWER - On going process
- Repetitive
- Object is to sustain business Project vs Operations - CORRECT ANSWER e.g creating the plan/prototype of a new car is a project while the production of the car in a factory is an operation. Main reasons projects fail - CORRECT ANSWER - Failure in time managment (E.g allocates not enough time for certain tasks)
- Failure in cost managment (Not enough funding or wasting money)
- Failure in scope (Not planning ahead, e.g buying a convertable then having a baby)
- Failure in quality managment (Spending alot of money on a machine but not checking it first and it breaks) Usability - CORRECT ANSWER - How easy something is to use people will be able to use the website more effectively with the following;
