Harmonisation of social regulation in the Australian Federation: a case study of occupational health and safety

作者: Eric Larry Windholz

DOI: 10.4225/03/58B500F9A5E21

关键词: JudgementPolitical sciencePublic policyEquity (economics)Conceptual frameworkLegitimacyPublic administrationGovernmentEconomic JusticeFederalism

摘要: This thesis examines the harmonisation of Australia’s occupational health and safety (OHS) laws and, through that examination, intersection three important contemporary public policy issues: harmonisation; social regulation; federalism. Through this examination challenges prevailing political zeitgeist as an overwhelmingly positive economically rational reform. Instead, reveals reforms are complex, contested with all areas regulation, involve difficult trade-offs between competing values interests producing both winners losers. The begins by describing conceptualising each key research frontiers: Each issue is found to be more complex than first appears, capable multiple meanings. develops a conceptual framework for which can better understood, its use examined. frameworks then employed examine OHS laws. arena provides particularly interesting challenging case study. It area characterised strong stakeholder objectives where progress (viewed from employer worker/union perspectives) has often been product hard fought battles. also rich history, employing different modes federalism techniques. decision harmonise properly value judgement involves balancing broad sets values: (1) economic efficiency; (2) broader societal equity, justice, fairness, etc; (3) democratic underpinning federal system government. initiatives actors, including single-state multi-state regulatees; regulatees people whom regulation intended benefit; beneficiaries states. However, in these complexities were either not understood or positively avoided development process. Broad promises made reform was unable fully deliver. left some stakeholders dissatisfied harmonised regime vulnerable pressure could bring upon responsive state governments deviate uniform model Several reasons identified. These include: economic-centric nature debate largely ignored distributional effects reform; ‘seductive’ concept itself; selection mechanisms ill-suited delivering reform’s objective; existence two tiers government involved setting opportunity re-advocate their before politicians. overall findings project suggest processes institutions making may desirable, number ideas make work offered. Such it suggested would enhance efficacy, efficiency legitimacy process, outcomes.

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