Federal Constitutional Power Over the Economy

This article examines the non-fiscal powers of the federal Parliamentof Australia to make laws to control the economy. Although thecommerce power in Australia was inspired by that in the U.S.Constitution, the High Court of Australia has not followed theliberal interpretation of the commerce power adopted by theU.S. Supreme Court since 1937. However, other express federalpowers, particularly those relating to corporations and externalaffairs, have been used for purposes that in the United Stateswould be encompassed by the commerce power. While the AustralianParliament does not have the degree of power possessed by Congress,the judicial trend is toward broader interpretations of federalpowers. Also discussed is Section 92 of the Australian Constitution,which declares that "trade, commerce and intercourse among theStates shall be absolutely free." This provision, which limitsboth federal and state power, was interpreted for many decadesas embodying the principle oflaissezfaire. In 1988 the HighCourt of Australia held that its scope is limited to prohibitinglaws that discriminate against interstate commerce with a protectionistpurpose or effect.     

'Building a Better World'

Garran Oration Royal Institute of Public Administration Australia National Conference, 29 November -1 December 2003     

Security, Capacity and Post-Market Reforms: Public Management Change in 2003

Public sector change in 2003 was a product of external demands and internal pressures for improvement. The specific areas addressed are responses to security threats in the international environment; strengthening internal capacity, particularly through whole-of-government approaches; and fine-tuning the public management model in part through readjustments to the centre-agency relationship and greater emphasis on horizontal structures and processes.
This is the ninth year an administrative essay has been published in the journal since 1996. Earlier chronicles include: J. Stewart 55(1) 1996; S. Prasser 56(1) 1997; J. Homeshaw 57(3) 1998; J. Moon 58(2) 1999; J. Curtin 59(1) 2000; C. Broughton and J. Chalmers 60(1) 2001; N. Miragliotta 61(1) 2002; and J. Nettercote 62(1) 2003.
In this issue two chronicles are published — the first, by John Halligan and Jill Adams, focuses on external security and internal capacity building. The second assessment by Scott Prasser takes a different view of compliant management, poor decisions and reactive change.     

'Designing Better Health Care in the South': A Case Study of Unsuccessful Transformational Change in Public Sector Health Service Reform

This article presents a case study of a project known as 'Designing Better Health Care in the South' that attempted to transform four separately incorporated health services in southern Adelaide into a single regional health service. The project's efforts are examined using Kotter's (1996) model of the preconditions for transformational change in organisations and the areas in which it met or failed to meet these preconditions are analysed, using results from an evaluation that was commenced during the course of the attempted reform. The article provides valuable insights into an attempted major change by four public sector health organisations and the facilitators and barriers to such change. It also examines the way in which forces beyond the control of individual public sector agencies can significantly impact on attempts to implement organisational change in response to an identified need. This case study offers a rare glimpse into the micro detail of health care reform processes that are so widespread in contemporary health services but which are rarely systematically evaluated.     

The risky business of public–private partnerships

Public–private partnerships (PPPs) are now a common strand of third way government policy, with better efficiency promised from the private funding of public infrastructure through the transfer of risks to private parties. This paper aims to investigate, on an empirical basis, the realities of risk transfers in PPPs and compare this experience against both the rhetoric of project proponents and the formal contract conditions. The paper outlines some conceptual frameworks underpinning PPPs and establishes the notions of risk shifting and risk sharing. The range of typical risks encountered in infrastructure projects is specially considered, and differences to traditional project delivery arrangements are articulated. Some empirical experience on the transfer of risks under PPPs is then outlined through a case study. This analysis shows the extent to which risks were shifted to the private parties as planned, or whether risks remained with government. It is argued that while commercial risks were largely well managed, governance risks were not. It is critical to understand better the nature of risk transfers in PPPs in view of the large financial implications of these deals along with long contract terms.     

组织公民行为的道德审视

组织公民行为作为一种积极的角色外行为对组织内部环境有建设性作用的同时也会对组织管理产生一定消极影响,但是把对组织公民行为的失当管理所带来的后果归咎为这种角色外行为的消极影响有失偏颇。管理活动一旦背离组织公民行为内在的道德性,势必会诱发管理困境和成员的消极角色外行为,产生道德摩擦。因之,本文从潜在的道德困境这一角度审视组织公民行为的消极影响,侧重从成员的心理动机和组织反馈进行归因分析,期待通过人力资源管理途径来改善组织公民行为的道德处境。