The regulation of nursing in Australia: a comparative analysis

This article uses the International Council of Nurses framework for nursing regulation to examine Nurses Acts in Australian States and Territories. It measures their compliance with the standards contained in the framework and exposes the anomalies among jurisdictions in spite of mutual recognition legislation now in force in all jurisdictions, including the Commonwealth. It also provides examples of difficulties encountered with cross-border practice and concludes that there is an urgent need for national nursing legislation.     

An EMTALA primer: the impact of changes in the emergency medicine landscape on EMTALA compliance and enforcement

Tiana Lee's article provides an overview and update on the latest in the Emergency Medical Treatment and Active Labor Act (EMTALA). Reviewing the history of the statute, explaining some of the relevant regulations, and exploring government enforcements efforts to date, Ms. Lee highlights the benefits and drawbacks of the statute and recommends ways to ameliorate EMTALA's weaknesses.     

Simulating the impact of regulation changes on the market for prostitution services

The paper draws on recent research on the economics of prostitution focussing on the role of stigma in shaping the interaction between demand and supply and the resulting sub-markets in which this activity is typically organised. Here we extend the framework to consider the role of reputation and stigma in determining policy decisions regarding the regulation of prostitution and show how sub-optimal outcomes (from the point of view of the welfare of sex workers) may prevail.     

The art of regulation and the regulation of ART: the impact of regulation on research and clinical practice

How a society regulates Assisted Reproduction Technologies (ART) depends on cultural context. The challenge for the regulatory regime is to balance protection for patients and society with freedom for medico-scientific creativity. Neither an exclusively market-regulated nor a peer-regulated approach is realistic politically, or desirable socially, ethically and legally. Legitimate social issues that go beyond the exclusive expertise of doctors and scientists or market choice by patients need to be accommodated within the regulatory regime. Within this context, four key issues are discussed: the lack of a shared social ethic that helps the needs of the community to be balanced against those of its individual members; the negative impact of intrusive external regulation on scientists and doctors; the requirement for doctors and scientists to review their professional structures reflectively and critically if they are to be entrusted with peer-regulation; and the desirability of constructive dialogue between regulators and regulated rather than the use of coercion and criminal sanctions.     

The regulation of traditional Chinese medicine practitioners in Australia

The Australian Government has recently recommended that all jurisdictions regulate Traditional Chinese Medicine practitioners along the lines of the Chinese Medicine Registration Act 2000 (Vic). In light of this recommendation, this article examines whether the Victorian legislation is an effective means of regulating a group of practitioners who operate under an alternative health care system. While the main focus is on the challenges of regulating of Traditional Chinese Medicine practitioners, the article also considers the broader issue of whether a statutory approach is the appropriate method of regulating unregistered complementary and alternative medicine practitioners.     

Feminized justice: The impact of women decision makers in the lower courts in Australia

We examine the impact of an Australian state government's decision to appoint a considerable number of women to its previously all-male Magistrates' Courts. Interviews with a sample of 30 male and female magnistrates revealed ready acceptance of this major change, probably because of organizational peculiarities of the jurisdiction. The advent of women as judicial decision makers was perceived to have improved the work environment of the courts. Comparison of the ways in which male and female magistrates perceive aspects of their job (e.g., judicial role, adjudication, sentencing, and the conduct of informal proceedings) suggests that most of the apparent gender differences are more likely the product of age and background than evidence of justice “in a different voice.” Changes in court ideology suggest that the appointment of women may have been used to further more general political objectives. A critical question for feminist research might be: When and why do conservative institutions adopt strategies that apparently promote women's interests?     

The impact of foreign and state ownership on post-transition industrial concentration: the case of Polish manufacturing

This paper reports an analysis of the determinants of the level and changes in Polish industrial concentration in the early post-transition era. In particular, the relative effects of foreign and state ownership are examined. The empirical evidence is based on a panel of 144 Polish manufacturing industries over the period 1989–1993. The results suggest that both state and foreign ownership have a significant impact on industry concentration and this relationship is U-shaped. Minimum efficient scale is found to be the only other factor to impact on industry concentration.     

Legal regulation of the drug khat in Australia

The plant Catha edulis, known more commonly as khat, has been consumed for centuries for its stimulatory effects, especially by people living in East Africa. As people from Somalia, Ethiopia and other East African countries have migrated to Australia, they have brought with them the practice of chewing khat. This article examines the claims made about the effects of khat on health and wellbeing and explores the approaches to the regulation of khat in Australia and overseas. The article concludes with a discussion of some of the concerns associated with current regulatory approaches and makes some suggestions for reform.     

The health of health practitioners: remedial programs, regulation and the spectre of the law

The past two decades have seen an emerging awareness by regulators and some of the health professions about the phenomenon of the impaired practitioner. One response, particularly from the medical profession, has been to design various models of health programs principally to cater to psychiatrically unwell and substance dependent practitioners. However, the health conditions of practitioners are more diverse than these categories, particularly in the era of a stressed and ageing health care workforce. The potential exists for practitioners, their treaters and employers to be legally liable for foreseeable risks posed to patients and clients by practitioners whose health is problematic and/or deteriorating. There is much to be said for practitioners, health service administrators, educators and regulators dealing more effectively with all categories of impaired practitioners before the intervention of the civil law which may not be adequately informed or sophisticated and is most unlikely to be collaborative in its approach.     

The impact of gun control and gun ownership levels on violence rates

What effects do gun control restrictions and gun prevalence have on rates of violence and crime? Data were gathered for all 170 U.S. cities with a 1980 population of at least 100,000. The cities were coded for the presence of 19 major categories of firearms restriction, including both state- and city-level restrictions. Multiple indirect indicators of gun prevalence levels were measured and models of city violence rates were estimated using two-stage least-squares methods. The models covered all major categories of intentional violence and crime which frequently involve guns: homicide, suicide, fatal gun accidents, robbery, and aggravated assaults, as well as rape. Findings indicate that (1) gun prevalence levels generally have no net positive effect on total violence rates, (2) homicide, gun assault, and rape rates increase gun prevalence, (3) gun control restrictions have no net effect on gun prevalence levels, and (4) most gun control restrictions generally have no net effect on violence rates. There were, however, some possible exceptions to this last conclusion—of 108 assessments of effects of different gun laws on different types of violence, 7 indicated good support, and another 11 partial support, for the hypothesis of gun control efficacy.     

Compstat in Australia: An analysis of the spatial and temporal impact

One of the major trends in policing sweeping across democratic societies since the mid-1990s is a management approach commonly known as COMPSTAT. Despite widespread global adoption, empirical evaluation of the impact of COMPSTAT lags behind popular accounts of its crime control benefits.

Purpose

This article evaluates the crime control impact of Queensland Police Service's version of COMPSTAT known as “Operational Performance Reviews” (OPRs).

Method

A mixed model analytic approach was used to assess the role of OPRs in explaining spatial and temporal variations in crime patterns across Queensland's 29 police districts.

Results

Analysis of the impact of OPRs on reported crime (specifically assaults, robberies and unlawful entries) suggests major differences between police districts, and that some districts are driving overall statewide crime reductions, whilst others confound positive effects of implementation of OPRs in Queensland.

Conclusions

The results demonstrate that the crime drop experienced throughout Queensland found in prior research (Mazerolle et al., 2007) is most likely attributable to a small number of police districts. The implication of these findings is that a number of districts could (and should) be called-upon during maturation of Queensland's OPRs to reduce specific crime problems in their districts and facilitate ongoing crime reductions across the state.     

Justice in Medicare: recent changes to the public health care system

This article sets out and examines a number of changes proposed by the Commonwealth Government to the Australian Medicare system as part of the 2003-2004 and 2004-2005 federal budgets, and the 2004 federal election campaign. In assessing the suitability of these reforms, the idea of justice is discussed. Health, as a basic good, is argued to be a matter of distributional and rectificatory justice. A number of popular material principles of justice are also examined and shown to be unsuited as sole determinants of health care resource allocation decisions. In light of this, various problems with the reforms are identified and improvements suggested.