Role and Career Opportunities for a Nurse - Free Essay Example

Sample details Pages: 8 Words: 2461 Downloads: 8 Date added: 2017/06/26 Category Medicine Essay Type Research paper Did you like this example? Terms of Reference Accountability: Means that healthcare professionals are accountable to their selves and to others on the care received by the patients. Adverse event: Refers to an incident that occurred in the hospital or any other clinical setting that resulted to harm or could have resulted to the patients harm. Colleagues: Other healthcare professionals, co-workers, midwifery and nursing students. Don’t waste time! Our writers will create an original "Role and Career Opportunities for a Nurse" essay for you Create order Patient-centred care: A consideration of patient preferences, engagement and needs when making healthcare decisions. Patient satisfaction: The perceived level of satisfaction on the quality of care they receive from their nurses. Introduction This report aims to discuss the role and career opportunities for a nurse. This report will include the qualification, skills and experience that are required to be a nurse in Ireland. A discussion on the daily work of a nurse with reference to health and safety issues will also be presented. Possible job opportunities for nurses in the Irish healthcare system will also be discussed. A conclusion will summarise the key points raised in this report. Qualification, Skills and Experience Required to be a Nurse The Code of Professional Conduct and Ethics for Registered Nurses and Registered Midwives (Nursing and Midwifery Board of Ireland, 2014) lays out the skills and professional requirements necessary for registered nurses in Ireland. These skills include the ability to provide safe and quality care for different groups of patients, respecting the dignity of each patient, professional accountability and responsibility, quality care, collaboration and trust and confidentiality. Since nurses continue to professionally develop from newly registered to specialist nurses, it is expected that professional characteristics and skills would be honed as nurses begin their practice. One of the important skills required for quality patient-centred care is the ability to communicate effectively with patients and colleagues. Communication is defined as a two-directional process that could involve transmission and receiving of verbal and non-verbal messages (Kourkouta and Papathanasiou, 2014). Nurses have a crucial role in promoting the health and welfare of patients. Establishing a relationship of trust in the beginning of care is crucial in promoting effective communication (Houghton and Allen, 2005). The first meeting between a nurse and a patient is important since this could either reassure patients or convey fear and indifference (ODaniel and Rosenstein, 2008). However, communicating with patients who suffer from cognitive impairment or are unable to communicate because of confusion and hypoxia is often difficult and challenging (ODaniel and Rosenstein, 2008). In patients unable to verbally express themselves, nurses have to recognise non-verbal messages in order to determine the healthcare needs of the patients (Watson, 2008). For instance, facial expressions, body gestures and posture (Houghton and Allen, 2005) could help identity the patients feelings and needs. Effective communication is important in patient care since this will help facilitate timely and early interv ention for the needs of the patients (Watson, 2008). Kourkouta and Papthanasiou (2014) argue that physical space, social and cultural values and psychological conditions have an impact on the communication between the nurse and patient and vice versa. Hence, it is crucial for nurses to identify the factors that promote effective communication and those that deter patients from communicating their needs with the nurses. For instance, a language barrier might lead to miscommunication or misinformation, which in turn, affects the quality of communication of the nurses and patients. Apart from communication skills, healthcare professionals are also bound to provide safe and effective care as stressed in the Code of Conduct for nurses in Ireland (Nursing and Midwifery Board of Ireland, 2014). Avoidance of medication errors does not only promote safe and effective care but also prevents adverse events and death of the patients. Acquiring numeracy skills is a prerequisite in the prepara tion and safe administration of medications. However, Eastwood et al. (2011) suggest that a number of nursing students have poor numeracy skills. While applicability of the findings of these studies to a larger and more heterogeneous population is limited due to the small sample sizes, findings could show a trend on the numeracy skills of nursing students. These suggest the need to enhance nursing curriculum to ensure that students have sufficient numeracy skills to prepare and administer medications before they become registered nurses. It is noteworthy that these findings are not only seen in nursing students but also in registered nurses (Warburton, 2010). This indicates that there is a continuing need to train nurses on how to safely administer or prepare medications in order to prevent medication errors. Another nursing quality that is associated with quality care is the ability to show empathy to patients. Empathy is described as the ability to share and understand the feel ings of other people (Kinnell and Hughes, 2010). Developing this characteristic could calm down patients and let them feel that nurses are willing to listen to their concerns and are available to help them with their needs. Rana and Upton (2009) suggest that patients are satisfied with the care they receive if they perceive nurses to be empathic to their needs, feelings and concerns. Increasing levels of patient satisfaction is important since high levels are associated with better quality care (Rana and Upton, 2009). The Code of Professional Conduct and Ethics (Nursing and Midwifery Board of Ireland, 2014) should also develop skills on how to collaborate effectively with others. This means that individuals also have to learn effective leadership skills in order to lead health care teams, introduce innovations and work in partnership with other agencies in order to improve care. It has been shown that the transformational leadership style is consistent with effective leadership ( Bach and Ellis, 2011). This type of leadership requires leaders to develop empathy with their colleagues and patients. These leaders also tend to have high emotional intelligence (Bach and Ellis, 2011). Hence, developing the skills needed to become a transformational leader would be essential as a nurse. Further, collaborating with others requires skills on how to resolve conflicts. Health and Safety Issues Nurses working on clinical and primary care settings have some health and safety issues to consider. For example, nurses assigned to patients who are immobile often have to handle these patients manually. Failure to properly handle patients could lead to health issues such as musculoskeletal injuries (Cornish and Jones, 2007; Powell-Cope et al., 2014). The rising incidence of musculoskeletal injuries (Powell-Cope et al., 2014) is a cause of concern since guidelines are available for nurses and students on how to properly handle patients manually. Yet, it has been shown that adherence to these guidelines is not optimal for both students and registered nurses (Powell-Cope et al., 2014). This suggests that translating evidence and uptake of guidelines in actual practice still remains to be low despite aggressive implementation of these guidelines in clinical practice. Health and safety issues are often influenced by the culture present in the clinical setting (Powell-Cope et al., 2014 ). For instance, student nurses who observe registered nurses not following policies or guidelines might assimilate this bad practice once they become registered nurses (Cornish and Jones, 2007). Apart from developing musculoskeletal injuries, nurses who work long hours are also at risk of nursing burnout. It has been shown that nursing burnout is associated with lower job satisfaction (Mrayyan, 2006). This in turn affects the psychological health of the nurses, their interaction with patients and reduces the quality of care they provide to their patients (Mrayyan, 2006). Hence, it is essential to consider the number of nursing staff and whether this could support the current needs of patients in healthcare settings. Further, nursing burnout also indirectly affects nursing-patient ratio since nurses who report burnout are more likely to leave their jobs (Mrayyan, 2006; Wong et al., 2013). This could lead to a high turnover of nursing, which in turn, affects the quality of care re ceived by the patients. Another important health and safety issue in healthcare setting includes percutaneous and needle-stick and sharp injuries. This health issue is related to poor compliance to universal precaution (Jacob et al., 2010). This is challenging since studies (Gershon et al., 2009; Jacob et al., 2010) have shown that nurses tend to report high knowledge and awareness on universal precaution. The risk associated with failure to observe universal precaution when handling sharp objects in clinical settings include increased risk of acquiring HIV infection, Hepatitis B and C (Mark et al., 2007; Elder and Paterson, 2007). Reporting of injuries is also crucial in maintaining the safety of nurses in clinical settings. However, current data on this type of injuries might not truly reflect actual practice since underreporting is often noted in published studies (Gershon et al., 2009). For instance, Gershon et al. (2009) report that 45% of percutaneous injuries were not repo rted. The incidence of percutaneous injuries highlights the need for consistent training of the nurses. Job Opportunities Nurses in Ireland have many job opportunities as demand of healthcare increases. Incidence of long-term conditions such as obesity, diabetes and heart diseases have increased in the last few decades (DHSSPS, 2012). This requires specialist care from nurses. Further, the ageing population also means that individuals are living longer and hence, might require additional care to ensure longevity or address chronic conditions that affect older persons (DHSSPS, 2012). Newly registered nurses could acquire experience and develop to become specialists in their respective fields. For example, there is a need for specialist nurses such as diabetes nurses to manage patients suffering from type 1 and type 2 diabetes. On the other hand, mental health nurses are required in community and clinical settings to manage patients suffering from schizophrenia, depression, postpartum psychosis, depression and other mental health conditions. Learning disability nurses provide support and care management to patients and their families suffering from learning disabilities. Meanwhile, paediatric nurses provide care to paediatric patients. Nurses could also choose to specialise to become part of surgical theatre teams. Others could also opt to become mentors, cardiology nurses or respiratory specialists. Nurses who are now specialists could also choose to further hone their skills and qualify as a nurse prescriber. These nurses could prescribe medications from their own field of specialty only (Nursing and Midwifery Board of Ireland, 2015). It has been shown that inclusion of nurse prescribers allow continuity of care and higher patient satisfaction (Nursing and Midwifery Board of Ireland, 2015). Patients report that they are also satisfied with the type of care they receive from nurse prescribers and view them as showing more empathy and sensitivity to their situations. However, it should be noted that nurses who choose to become specialists or nurse prescribers have to engage in continuing professional development, earn a Masters degree in nursing or continue to train in their respective fields. Hence, learning is seen as continuous when an individual engages in the nursing profession. Since this is a caring profession, nurses are also expected to show empathy and compassion to their patients. These characteristics are often honed as nurses become highly specialised in their chosen fields. Conclusion Nursing is a caring profession that aims to provide quality, patient-centred care to the patients. Preparing to become a registered nurse in Ireland requires earning a nursing degree. The path to becoming an effective nurse begins in the nursing student years. Developing attitudes such as empathy, compassion, responsibility and accountability and practical skills such as numeracy skills could all promote quality care. As patients perceive their nurses to reflect these attitudes and skill, they would be reassured that their nurses truly care and are willing to manage their health condition. This essay also argues the importance of developing communication skills in order to identify the needs of the patient and introduce early interventions. However, becoming a nurse is also challenging because of health and safety issues. These include the risk of musculoskeletal, percutaneous and needle-stick injuries. Some nurses, due to a low nurse-patient ratio, may also suffer from nursing bur nout. Once this occurs, this might lead to poor job satisfaction and high nursing turnover. Quality of patient care is affected when there are fewer and dissatisfied nurses. Finally, this essay shows that there are many job opportunities for nurses in Ireland. References Bach, S. Ellis, P. (2011) Leadership, Management and Team Working in Nursing. Exeter: Learning Matters. Cornish, J. Jones, A. (2007) Evaluation of moving and handling training for pre-registration nurses and its application to practice, Nurse Education in Practice, 7(3), pp. 128-134. Department of Health, Social Services and Public Safety (2012) Living with long term conditions: A policy framework. Dublin, Ireland: Department of Health, Social Services and Public Safety. Eastwood, KJ, Boyle, MJ, Williams, B, Fairhall, R (2011) Numeracy skills of nursing students. Nurse Education Today. 31(8) November. pp. 815-818. Elder, A. Paterson, C. (2006) Sharps injuries in UK health care: a review of injury rates, viral transmission and potential efficacy of safety devices, Occupational Medicine, 56 (8), pp. 566-574. Gershon, R., Pearson, J., Sherman, M., Samar, S., Canton, A. Stone, P. (2009) The prevalence and risk factors for percutaneous injuries in registered nurses i n the home health care sector, American Journal of Infection Control, 37(7), pp. 525-533. Houghton, A. Allen, J. (2005) Doctor-patient communication, British Medical Journal Career Focus, 330, pp. 36-37. Jacob, A., Newson-Smith, M., Murphy, E., Steiner, M. Dick, F. (2010) Sharps injuries among health care workers in the United Arab Emirates, Occupational Medicine, 6(5), pp. 395-397. Kinnell, D. Hughes, P. (2010) Mentoring Nursing and Healthcare Students. London: SAGE. Kourkouta, L. Papathanasiou, I. (2014) Communication in nursing practice, Materia Socio Medica, 26(1), pp. 65-67. Mark, B., Hughes, L., Belyea, M., Chang, Y., Hofmann, D., Jones, C. Bacon, C. (2007) Does safety climate moderate the influence of staffing adequacy and work conditions on nurse injuries?, Journal of Safety Research, 38(4), pp. 431-446. Mrayyan, M. (2006) Jordanian nurses job satisfaction, patients satisfaction and quality of nursing care, International Nurse Review, 53(3), pp. 224-23 0. Nursing and Midwifery Board of Ireland (2014) The Code of Professional Conduct and Ethics for Registered Nurses and Registered Midwives. Ireland: Nursing and Midwifery Board of Ireland [Online]. Available from: https://www.nursingboard.ie/en/code/new-code.aspx (Accessed: 15 June, 2015). Nursing and Midwifery Board of Ireland (2015) What are NMBIs professional regulations and guidance for nurse/midwife prescribing? [Online]. Available from: https://www.nursingboard.ie/en/prescriptive_authority.aspx#faq2 (Accessed: 15 June, 2015). ODaniel, https://www.nursingboard.ie/en/prescriptive_authority.aspx#faq2 M. Rosenstein, A. (2008) Professional communication and team collaboration. In: Hughes, R. (ed.), Patient safety and quality: An evidence-based handbook for nurses. Rockville (MD): Agency for healthcare research and quality. Powell-Cope, G.,Toyinbo, P., Patel, N., Rugs, D., Elnitsky, C., Hahm, B., Sutton, B., Campbell, R., Besterman-Dahan, K., Matz, M., Hodgson, M. (2014 ) Effects of a National Safe Patient Handling Program on Nursing Injury Incidence Rates, The Journal of Nursing Administration, 44(10), pp. 525-534. Rana, D. Upton, D. (2009) Psychology for nurses. London: Pearson. Warburton, P. (2010) Numeracy and patient safety: the need for regular staff assessment, Nursing Standard (Royal College of Nursing, Great Britain), 24(27), pp. 42-46. Watson, D. (2008) Pneumonia 2: Effective nursing assessment and management, Nursing Times, 104(5), pp. 30-31. Wong, C., Cummings, G. Ducharme, L. (2013) The relationship between nursing leadership and patient outcomes: A systematic review update, Journal of Nursing Management, 21(5), pp. 709-724.

Racism And Race Critical Lens Essay - 1737 Words

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The Spanish Tragedy Monologue Essay Example For Students

The Spanish Tragedy Monologue Essay A monologue from the play by Thomas Kyd NOTE: This monologue is reprinted from The Spanish Tragedy. Thomas Kyd. London: J. M. Dent Co., 1898. GHOST: When this eternal substance of my soul Did live imprison\d in my wanton flesh: Each in their function serving other\s need, I was a courtier in the Spanish Court. My name was Don Andrea, my descent Though not ignoble, yet inferior far To gracious fortunes of my tender youth: For there in prime and pride of all my years, By Duteous service and deserving love, In secret I possess\d a worthy dame, Which hight sweet Bel-imperia by name. But in the harvest of my summer joys, Death\s winter nipp\d the blossoms of my bliss, Forcing divorce betwixt my love and me. For in the late conflict with Portingale, My valour drew me into danger\s mouth, Till life to death made passage through my wounds. When I was slain, my soul descended straight, To pass the flowing stream of Acheron: But churlish Charon, only boatman there, Said that my rites of burial not perform\d, I might not sit amongst his passengers. Ere Sol had slept three nights in Thetis\ lap And slak\d his smoking chariot in her flood: By Don Horatio our Knight Marshal\s son, My funerals and obsequies were done. Then was the ferryman of hell content To pass me over to the slimy strond, That leads to fell Avernus\ ugly waves: There pleasing Cerberus with honey\d speech, I pass\d the perils of the foremost porch. Not far from hence amidst ten thousand souls, Sat Minos, Aeacus, and Rhadamanth, To whom no sooner \gan I make approach, To crave a passport for my wand\ring ghost: But Minos in graven leaves of lottery, Drew forth the manner of my life and death. \This knight\ (quoth he) \both liv\d and died in love, And for his love tried fortune of the wars, And by war\s fortune lost both love and life.\ \Why then,\ said Aeacus, convey him hence, To walk with lovers in our fields of love: And spend the course of everlasting time, Under green myrtle trees and cypress shades.\ \No, no,\ said Rhadamanth, \It were not well, With loving souls to place a martialist: He died in war, and must to martial fields: Where wounded Hector lives in lasting pain, And Achilles\ myrmidons do scour the plain.\ Then Minos mildest censor of the three, Made this device to end the difference. \Send him\ (quoth he) \to our infernal King: To doom him as best seems his majesty.\ To this effect my passport straight was drawn. In keeping on my way to Pluto\s court, Through dreadful shades of ever-glooming night, I saw more sights than thousand tongues can tell, Or pens can write, or mortal hearts can think. Three ways there were, that on the right hand side Was ready way unto the foresaid fields, Where lovers live, and bloody martialists, But either sort contain\d within his bounds. The left hand path declining fearfully, Was ready downfall to the deepest hell, Where bloody furies shake their whips of steel, And poor Ixion turns an endless wheel. Where userers are chok\d with melting gold, And wantons are embrac\d with ugly snakes: And murderers groan with never killing wounds, And perjur\d wights scalded in boiling lead, And all foul sins with torments overwhelm\d. \Twixt these two ways, I trod the middle path, Which brought me to the fair Elysian green. In midst whereof there stands a stately tower, The walls of brass, the gates of adamant. Here finding Pluto with his Proserpine, I show\d my passport humbled on my knee. Whereat fair Proserpine began to smile, And begg\d that only she might give my doom. Pluto was pleas\d, and seal\d it with a kiss. Forthwith (Revenge) she rounded thee in th\ ear, And bad thee lead me through the Gates of Horn, Where dreams have passage in the silent night. No sooner had she spoke but we were here, I wot not how, in twinkling of an eye. .u995da6d9b2c09d6910e0cd8b5d6c2670 , .u995da6d9b2c09d6910e0cd8b5d6c2670 .postImageUrl , .u995da6d9b2c09d6910e0cd8b5d6c2670 .centered-text-area { min-height: 80px; position: relative; } .u995da6d9b2c09d6910e0cd8b5d6c2670 , .u995da6d9b2c09d6910e0cd8b5d6c2670:hover , .u995da6d9b2c09d6910e0cd8b5d6c2670:visited , .u995da6d9b2c09d6910e0cd8b5d6c2670:active { border:0!important; } .u995da6d9b2c09d6910e0cd8b5d6c2670 .clearfix:after { content: ""; display: table; clear: both; } .u995da6d9b2c09d6910e0cd8b5d6c2670 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u995da6d9b2c09d6910e0cd8b5d6c2670:active , .u995da6d9b2c09d6910e0cd8b5d6c2670:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u995da6d9b2c09d6910e0cd8b5d6c2670 .centered-text-area { width: 100%; position: relative ; } .u995da6d9b2c09d6910e0cd8b5d6c2670 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u995da6d9b2c09d6910e0cd8b5d6c2670 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u995da6d9b2c09d6910e0cd8b5d6c2670 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u995da6d9b2c09d6910e0cd8b5d6c2670:hover .ctaButton { background-color: #34495E!important; } .u995da6d9b2c09d6910e0cd8b5d6c2670 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u995da6d9b2c09d6910e0cd8b5d6c2670 .u995da6d9b2c09d6910e0cd8b5d6c2670-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u995da6d9b2c09d6910e0cd8b5d6c2670:after { content: ""; display: block; clear: both; } READ: Tragedy in MacBeth Essay

Consumer Protection in Australia-Free-Samples-Myassignmenthelp

Questions: 1.What are Consumer's Protections? W hy are Consumers protected? Give a short account of the historical development of Consumer law in Australia. 2.Currently how do Consumer's protection laws operate in Australia? Please explain current Consumer law protection at both state and federal level. 3.If a Consumers is dissatisfied with a good or a service provided explain how he or she can get relief through the court system and outside the court system. Answers: 1.A group of laws and implementing organisations which are enacted by a country so that the rights of the consumer within it can be ensured along with promotion of competition, availability of appropriate and adequate information and fair trade in the market. According to Corones (2014) a place where the seller and the buyer come together to do business is known as the Marketplace. The intention of the seller is to make money from sales and that of the buyer is to purchase something they want or need. The situation is suitable for both the buyer and the seller as long as there expectations are met. The government for the purpose of controlling the market enact a number of laws giving rights to the consumers in relation to the quality of goods they purchase from the sellers. In addition Consumer Protection insurance that the sellers do not indulge in any kind of conduct which is likely to deceive on mislead the consumer (Stadler 2013). According to Ramsay (2012) consumer protection is one of the most essential needs of the society because without a proper Consumer Protection framework it would be impossible to establish a market where the expectations of both the buyers and sellers can be fulfilled. In the contract for sales the bargaining power of the consumer is always lower than that of the seller. Thus, consumer protection ensures that the bargaining power of the customers are enhanced by providing them specific rights with respect to the transaction (Cvjetanovic 2013). Consumer Protection laws ensure that fair trading practices are initiated in the Marketplace. Through these laws the sellers and manufacturers become more accountable towards the quality of goods provided by them for sale. Consumer protection ensures that consumers are not taken advantage of in the Marketplace and if such event occurs they can be compensated for any loss which has been incurred by them. In case consumers are not provided protect ion it would evidently lead to the downfall of the market and subsequently the economy of the country. According to Latimer (2012) consumers are the base of any Marketplace and if they do not feel protected it would lead to unwanted chaos and problems within the society. The purpose of any business organisation is to make profits, thus, protecting the customers through the consumer protection laws ensures that the organisations do not cross the line in order to maximize their profits and bring detriment to the society. Consumer law in Australia had been initially developed through an agreement between the Council of Australian governments. Anti-trust legislation in Australia was passed in the year 1906. The Australian government considered the Sherman Act 1890 used in the United States to base the Australian Industries Prevention Act. There was an amendment to the Act in the year 1911, however it could not become effective. In the year 1965 Australian government passed another Act which was based on the Restrictive Trade Practices Act 1956 belonging to the United Kingdom. Further in the year 1974 the successful Trade Practices Act was passed, which contained strong legislative measures for the purpose of enhancing competition and efficiency in business and to prevent restrictive trade practices along with providing protection to the customers from any kind of unfair trade. The Trade Practices Act 1974 was replaced by the Australian consumer law through schedule 2 of the Australian Competition and C onsumer Act 2010 (Richards et al. 2012). 2.The scheduled 2 of the Competition and Consumer Act 2010 is a set legislation for the protection of consumer and is applicable as the law of the Australian Commonwealth alongside being incorporated into the law of the state and territories of Australia. Provisions which were incorporated in the trade practices act 1974 are broadly reflected for the new consumer law along with a few additional protections for the consumer. Most of the provisions related to consumer protection of the states and territories legislation are incorporated in the Australian consumer law. A broad definition has been provided by the Australian consumer law in relation to who is a consumer. The Australian consumer law defines a consumer has anyone who purchases services are good with have a value of less than $40000, any person who purchase a good or service which is required for ordinary household purpose even if it is of a value of more than 40000 and anyone who purchases at trailer or a vehicle for the pu rpose of transporting goods on public roads. Even if the goods have been purchased for the purpose of re supply or for any kind of trade and Commerce the buyer would be regarded as a consumer. Accordingly the new Australian consumer law enhances protection in relation to product safety and quality, business behaviour, farms and businesses (Pearson 2017). The Australian consumer law recognises and identifies unfair terms to be void however if the contract can be continued without the presence of that unfair term contract would still be applicable. All the sellers are prevented from engaging in a conduct which is unconscionable while dealing with any other person with respect to trade and Commerce. The Australian consumer law prevents any seller to engage in a conduct which can be misleading or deceptive or is likely to mislead of deceive any consumer in relation to the contract for sales of goods or services. Further the Australian consumer law prevents any kind of bait advertisements which is used to induce the customers to increase the demand of particular goods or services without having the intention to supply them (Barnett and Harder 2014). The enforcement and administration of the ACL is done by the Australian Competition and Consumer Commission along with the state and territory Consumer Protection Agencies. The Australian Security and Investment Commission also takes part in the administration of the law when it comes to Financial Service matters (Akinbami 2011.). The federal jurisdiction of the law is also applicable to the behaviour which is done outside Australia by an Australian citizen, a person who is ordinarily resident in Australia and a body which has been incorporated or carries out business in Australia. The federal regulation also supervisors over the conduct of corporations, the supply of goods and services to Corporation or accusation of services and goods from any person by a Corporation other than public companies which are listed. All other matters which come under the provisions of ACL are governed by the states. Consistency between jurisdictions is promoted by the implementation of identical Consum er Protection laws in both the states and the Commonwealth as it becomes convenient for the Federal government to amend laws without initiating any debate in relation to the laws in the jurisdiction of the state or territory. 3.In case, a person is not satisfied in relation to the goods and services procured by him in Australia, he has the option of claiming relief both from the court system and outside. The Australian consumer law provides consumer guarantees to the consumers. According to this guarantees if the product are not in accordance with the reasonable expectations of the consumer it is the liability of the seller to repair, refund or replace the goods or services. In addition if a consumer is harmed because of the use of such goods or services it is also the liability of the seller to compensate the consumer for the harm caused to him because of such use. There have been several cases in Australia where fines and penalties have been imposed on businesses for the breach of Australian Consumer law such as the case of Australian competition and consumer Commission vs Bunavit Pty ltd 2016 FCA 6, ACCC v Whistle Co Pty Ltd 2015 FCA 1447 and ACCC v Reckitt Benckiser Pty Ltd 2015 FCA 1408. These cases have not only resulted in the payment of pecuniary penalties but also the cost which was incurred by ACCC with respect to the case along with the corrective notice in business franchise Australia magazine. Whenever there is a problem related to the quality of goods the consumers must always follow a three step complaint process. In the first step a complaint should be made to the seller and the problems regarding the service or the goods have to be discussed with them so that it can be resolved. Secondly through the use of consumer guarantees and the provisions of refund, replace and repair the problem should be solved as far as possible with the seller outside the court through the process of negotiation (Australian Competition and Consumer Commission 2017). However, if the problem does not get solved by following the previous steps a consumer may write a complaint letter to ACCC briefing the problem. A dispute which has a value of less than $12000 can initiate a minor civil action in the Magistrate Court. For disputes involving a value of more than $12000 and less than $100000 are eligible to initiate a claim in general claim division of the courts. Where the dispute involves a value of more than $100000 a claim can be initiated with respect to such dispute in the district and Supreme Court of the respective states and territories. Prior to initiating a litigation process a notice of intention to sue in a way of a final notice of claim has to be provided to the service provider or the business (Consumerlaw.gov.au 2017). References Akinbami, F., 2011. Financial services and consumer protection after the crisis.International Journal of Bank Marketing,29(2), pp.134-147. Australian Competition and Consumer Commission. (2017). Consumer rights guarantees. [online] Available at: https://www.accc.gov.au/consumers/consumer-rights-guarantees [Accessed 15 Aug. 2017]. Barnett, K. and Harder, S., 2014.Remedies in Australian private law. Cambridge University Press. Consumerlaw.gov.au. (2017). Australian Consumer Law. [online] Available at: https://consumerlaw.gov.au/ [Accessed 15 Aug. 2017]. Corones, S.G., 2014.Competition law in Australia. Thomson Reuters Australia, Limited. Cvjetanovic, M., 2013. Consumer sovereignty: The Australian experience.Monash University Law Review,252, p.254. De Stadler, E., 2013.Consumer law unlocked. SiberInk. Latimer, P., 2012.Australian Business Law 2012. CCH Australia Limited. Pearson, G., 2017. Further challenges for Australian consumer law. InConsumer Law and Socioeconomic Development(pp. 287-305). Springer, Cham. Ramsay, I., 2012.Consumer law and policy: Text and materials on regulating consumer markets. Bloomsbury Publishing. Richards, C., Lawrence, G., Loong, M. and Burch, D., 2012. A toothless chihuahua? The Australian Competition and Consumer Commission, neoliberalism and supermarket power in Australia.Rural Society,21(3), pp.250-263.