FISCAL EQUALITY BETWEEN THE STATES: THE NEW ROLE OF THE COMMONWEALTH GRANTS COMMISSION

In a federal system few subjects are of such fundamental importance as the financial relations between the Central Government and the States or Provincial Governments. Not only, as Professor Giblin observed in 1926,¹ are those relations the chief determinant of the character of the Federation, but they also influence and perhaps determine both the political character of the union and the political colour from time to time of the governments of component members of the federation.     

BUREAUCRATIC POLITICS AND THE DEMISE OF THE COMMONWEALTH TERTIARY EDUCATION COMMISSION

Abstract: In the early 1980s the Commonwealth Tertiary Education Commission functioned as a relatively independent, self-directed policy arena within the commonwealth bureaucracy. Policy outputs tended to be consistent and coherent over time. During the last three or four years, however, a number of federal departments succeeded in gaining control over aspects of tertiary education policy. This development was due partly to a changed economic environment which encouraged the growth of cross-sectoral programs, and partly to administrative reforms introduced by the Hawke government which fostered increased interdepartmental competition. The outcome was the fragmentation of the tertiary education policy process. The removal of CTEC and the creation of the Department of Employment, Education and Training is an attempt to reimpose a greater degree of coordination and integration upon tertiary education policy procedures.     

FIFTY YEARS LATER: THE LEGACY OF THE CIVIL RIGHTS ACT OF 1964

This paper assesses the legacy of the Civil Rights Act over the past 50 years, reviewing its history, scope, and impact on wage, employment, and segregation outcomes of the Act's five protected classes. In addition to improving outcomes for protected classes, the Act launched a period of expanded civil rights legislation and established a framework that allows expansion of coverage through judicial interpretation without requiring passage of new laws. Applications include prohibiting sexual harassment as a form of sex discrimination and protection against color discrimination separately from race discrimination, which may be increasingly salient with increased immigration and with a multirace population.     

FREEDOM OF INFORMATION: THE COMMONWEALTH EXPERIENCE*

Abstract: This paper outlines the background and rationale of the Commonwealth Freedom of Information (FOI) legislation and discusses the specific nature and operation of the FOI Act, including some current issues emanating from the interpretation of some of its provisions by the Administrative Appeals Tribunal (AAT) and the courts. The overall cost/benefit balance of the Act is considered, with particular reference to the recent report of the Senate Standing Committee on Legal and Constitutional Affairs on the operation and administration of the Act.     

THE FOCUS OF REFORM IN COMMONWEALTH GOVERNMENT ADMINISTRATION*

Challenge to Established Convention … the simple image of the official as the instrument of Ministerial authority accountable to the Minister alone, working unseen, unheard and anonymous, is now seriously inaccurate.     

THE INTER-STATE COMMISSION*

Abstract: The Inter-State Commission (ISC), although required by Australia's Constitution, has been in existence from 1913 to 1920 only. In 1975 the Labor government introduced a bill to set up the Commission. The bill was passed in a heavily amended form, but the legislation was not proclaimed by the incoming coalition government. A brief history of the "first" ISC raises the question of whether the High Court would ever have accepted the regulatory powers that the Labor government wished to invest in the late Commission. The ISC envisaged by the Labor government's bill would have had strong powers of regulation, arbitration and investigation over interstate and overseas transport. The Senate left it with weakened investigative powers only. Our Federal system encourages many government practices which are not in the interests of the community as a whole. However, while the ISC's role in curbing these practices would have been beneficial, the States have shown themselves too powerful politically to accept such policing, even if the High Court had allowed the ISC to do so. The ISC as conceived by Labor's bill would not have been politically viable, but the ISC as provided for in the Act would be worth setting up, as it would have several advantages over existing investigative mechanisms. It would have more experience and competence than ad hoc inquiries, and its continued existence would make it difficult to shelve its reports. Its statutory basis, broader terms of reference and its ability to force organizations to divulge information would all serve to make it a better investigative body than the Bureau of Transport Economics.