THE RISE AND DEMISE OF COERCIVE FEDERALISM*

Abstract: The question of how a fiscal balance might be maintained between the Commonwealth and the States exercised the minds of the framers of the Constitution before 1901 and has been of concern ever since. Centralization of financial power in the Commonwealth has resulted from decisions of the High Court of Australia especially the two Uniform Tax Cases which in 1942 established, and in 1957 reinforced, the Commonwealth's hegemony in the revenue field. This hegemony enabled the Commonwealth to influence, if not dictate, State policy initiatives by the making of conditional grants for a wide range of specific purposes under Section 96 of the Constitution. The practice of making specific purpose grants as an element in what has been called “coercive federalism” was adopted in varying degree by the Commonwealth during the years between 1943 and 1975. The “new federalism” policies of the present government have as their objective the reversal of this practice and in its place the restoration of State automomy in the expenditure of a pre-determined share of income tax revenues. Some of the problems entailed in the withdrawal of specific purpose grants are outlined, and the paper also suggests an institutional mechanism to maintain a proper fiscal balance between Commonwealth and States as part of the “new federalism”.     

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 OF THE COMMONWEALTH GRANTS COMMISSION*

Abstract: The Commonwealth Grants Commission was established in 1933 to inquire into the payment of special grants to the States. It has retained this function to the present day, and has also conducted inquiries into grants to local government, the distribution of general revenue assistance to the States, and the financial position of the Territories. Although special grants had been paid for over twenty years before the establishment of the Commission, the principle upon which grants should be based had not been determined. The first members of the Commission, after debating the merits of grants based on financial need and grants based on disabilities due to federation, adopted in their third report the principle of fiscal equalization which the Commission still follows. Under this principle grants are assessed that enable each State to provide a standard level of service to its residents so long as it levies taxes at standard rates. The Commission operates as a semi-judicial body, receiving written submissions and conducting public hearings at which witnesses from the States and the Commonwealth Treasury are examined on oath. It also conducts an extensive analysis of State government finances and other information in arriving at its conclusions. Over the years many distinguished Australians have served on the Commission, and their work has contributed to the high reputation enjoyed by the Commission in carrying out its task of maintaining a balance in the fiscal position of the States.     

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.     

TWO YEARS OF CO-OPERATIVE FEDERALISM—THE URBAN AND REGIONAL EXPERIENCE

Ideally, the evolution of a regional policy should provide a continuing testing ground on which to formulate ways of administering truly co-operative policies, involving all three levels of government. As the previous speakers, Sir Charles Barton and Mr Cappie-Wood, have demonstrated, there is presently a great interest in regionalism in this country. Some commentators have seen this as a re-awakening of the views of the post-war planning period, but with the significant change that this time, governments of all political colours are taking a definite interest in regional concepts.     

CHALLENGES OF THE NEXT TWENTY YEARS: FUTURE DIRECTIONS FOR TRAINING*

Abstract: This paper looks at the ever-increasing pace of change in modern society, and its impact on public:services. Challenges to the training and staff development function to help public services adjust to these changes in the period into the twenty-first century are discussed. Providing means to stimulate senior officials to reflect on their work in a context broader than that of the everyday job, and ensuring a flexible, open relationship between those officials and specialised human resource professionals, are seen as essential requirements.