Governance Issues for Public Sector Boards

The push to apply corporate governance arrangements from the private sector into the public sector is a manifestation of the ongoing search for ways to improve accountability and performance. This small interview study reports on the experience of senior Commonwealth public servants and board directors trying to work within the corporate governance frameworks set out in the Commonwealth Authorities and Companies Act (1997) and the Financial Management and Accountability Act (1997). It suggests that lines of accountability can be blurred, formal authority can be subverted, and safeguards to protect the public interest, against harms such as political patronage, may be weak or absent. Many agencies do not have appropriate procedures for assessing their own governance arrangements. There is considerable resistance to the notion that a central authority should be established with the dedicated purpose of overseeing governance arrangements and practices in the Commonwealth.     

A Cannabis sativa STR Genotype Database for Australian Seizures: Forensic Applications and Limitations*

Abstract: A genetic database was established with the aim of documenting the genetic diversity of Cannabis sativa in Australia for future utilization in forensic investigations. The database consisted of genotypes at 10 validated short tandem repeat loci for 510 plants representing drug seizures from across Australia and 57 fiber samples. A total of 106 alleles and 314 different genotypes were detected. All fiber samples exhibited unique genotypes while 55% of the drug samples shared a genotype with one or more samples. Shared genotypes were mostly found within seizures; however, some genotypes were found among seizures. Statistical analysis indicated that genotype sharing was a consequence of clonal propagation rather than a lack of genetic resolution. Thus, the finding of shared genotypes among seizures is likely due to either a common supplier, or direct links among seizures. Notwithstanding the potential intelligence information provided by genetic analysis of C. sativa, our database analysis also reveals some present limitations.     

Intellectual and developmental disabilities and Ontario’s forensic inpatient system: a population-based cohort study

Individuals with intellectual and developmental disabilities (IDD) in forensic inpatient beds are both complex and understudied. Previous studies have been limited and largely based on smaller clinical samples. We used data from a population-based cohort of Ontario adults with IDD (H-CARDD cohort, n?=?66,000) to describe their prevalence in forensic inpatient beds during 2005–2015 and compare their demographic and clinical profiles with non-IDD forensic patients. Results show that forensic patients with IDD and without IDD have similar profiles, with the exception that patients with IDD are more likely to have a psychiatric disorder and to be younger, rural, and have high or very high morbidity. Strong support was found for disproportionate admission: individuals with IDD are 12.2% of forensic inpatients but only 0.8% of the general population (d?=?1.57). Support for disproportionate utilization was less dramatic and mixed. Little difference was found in terms of the per cent of longer-stay (treatment) admissions or multiple forensic admissions; however, patients with IDD did have longer number of bed days over 10 years (averaging 220.6 days more, d?=?0.28). A better understanding of the barriers to discharge for individuals with IDD will support implementation of appropriate pathways out of the hospital.     

Bureaucrats in the Social Policy Process: Administrative Policy Entrepreneurs and the Case of Working Nation

Much of the contemporary literature on Australian social policy tends to focus on broad environmental and institutional variables and to downplay the importance of the social policy decision-making process and its participants. Yet the study of specific cases in social policy-making reveals that senior administrators often have a significant impact on the direction of social policy reform. The income support reforms adopted as part of the fomer Federal Labor government's Working Nation package illustrate the potential for bureaucrats to influence the direction of change. Senior administrative officers within the former Commonwealth Department of Social Security played a crucial role in promoting reforms which increased the generosity of the means test on unemployment payments. These bureaucrats behaved as policy entrepreneurs and worked in a strategic manner to garner support for and reduce opposition to their proposals within the decision-making process.     

Misappropriation of Institutions: Some Lessons from the Environmental Dimension of the NAFTA Investor-State Dispute Settlement Process

Trade regimes at all levels have confronted the dual challenge of rapidly expanding foreign direct investment, and the vigorous growth of international environmental regimes. Attempts to develop a global investment regime have encountered resistance, not least from environmental interests. At the same time, regional trade regimes have sought to address both the environmental and the investment agenda but in a very different manner. This article looks at problems encountered with the investor-state dispute settlement process established by the North American Free Trade Agreement (NAFTA). The institutional dimension of this process is largely drawn from the General Agreement on Tariffs and Trade (GATT), and existing international institutions for commercial arbitration. The article traces some of the difficulties encountered in attempting to use institutions designed for a specific purpose and implemented in one organizational context, to achieve a different purpose in another organizational context. It discusses the problems that arise when institutions appropriate for settling commercial disputes between private actors are used as the basis for balancing private interests and public goods, the environment in particular. It highlights the importance of a more developed understanding of the interplay between institutions and organizations at the international level so as to avoid undesired outcomes.