Restorative Justice in Business Regulation? The Australian Competition and Consumer Commission's Use of Enforceable Undertakings

Enforceable undertakings are now used extensively by both the Australian Competition and Consumer Commission (ACCC) and other Australian regulators to formalise decisions to forego enforcement litigation on the basis that offenders will correct their misconduct and comply in the future. A 'fairness' critique warns that regulators might exert undue pressure in negotiating enforceable undertakings and that the terms agreed might be inappropriately broad and not legally authorised. A 'bias' critique argues that enforceable undertakings favour business above the public interest in taking tough court action against business offences. The article draws on empirical research into the ACCC's use of enforceable undertakings to show how they are used in practice, and argues that, if appropriately implemented, enforceable undertakings can be a valuable 'restorative justice' alternative to traditional regulatory enforcement action, simultaneously addressing both fairness and bias concerns.     

Geophysics and the search of freshwater bodies: A review

Geophysics may assist scent dogs and divers in the search of water bodies for human and animal remains, contraband, weapons and explosives by surveying large areas rapidly and identifying targets or environmental hazards. The most commonly applied methods are described and evaluated for forensic searches. Seismic reflection or refraction and CHIRPS are useful for deep, open water bodies and identifying large targets, yet limited in streams and ponds. The use of ground penetrating radar (GPR) on water (WPR) is of limited use in deep waters (over 20 m) but is advantageous in the search for non-metallic targets in small ditches and ponds. Large metal or metal-bearing targets can be successfully imaged in deep waters by using towfish magnetometers: in shallow waters such a towfish cannot be used, so a non-metalliferous boat can carry a terrestrial magnetometer. Each device has its uses, depending on the target and location: unknown target make-up (e.g. a homicide victim with or without a metal object) may be best located using a range of methods (the multi-proxy approach), depending on water depth. Geophysics may not definitively find the target, but can provide areas for elimination and detailed search by dogs and divers, saving time and effort.     

Understanding gender-specific intimate partner homicide: A theoretical and domestic service-oriented approach

Research on intimate partner homicide has increased in recent years, partially due to growing efforts to disaggregate homicides into meaningful categories but also because of a growing interest in policy responses toward domestic violence. Much of this research tends to focus on two perspectives—exposure reduction and the backlash/retaliation hypotheses—when explaining the link between intimate partner homicide and domestic violence resources. Support has been found for both approaches even though they offer contradictory predictions. This frustrating finding is further complicated by methodological issues, such as the inability to address the rare nature of these events, offer a wide range of domestic violence services and resources and control for structural characteristics of urban areas where violence is found. This issue is addressed by offering a systematic examination of male- and female-victim intimate partner homicide in 2000. The current study investigates both exposure reduction and backlash arguments, in addition to economic deprivation and a number of structural factors relevant to homicide rates. Results suggest that while these perspectives are relevant to intimate partner homicides, there are statistically significant differences across the gender-specific models once the corrected statistical test for coefficient equality is estimated.     

The European Union as a global climate leader: confronting aspiration with evidence

In rhetoric and action the European Union has attempted to be a global leader in forging solutions to confront the problem of climate change. Using unique survey data collected at five consecutive UN climate summits from 2008–2012, this article provides evidence on the extent to which the EU is actually recognized as a leader in the UNFCCC climate negotiations, investigates how perceptions of EU leadership have evolved overtime, and helps make sense of the role that the EU has played in recent negotiation outcomes. The survey’s findings show that recognition of the EU as a leader dropped sharply in 2009 at the COP 15 summit in Copenhagen, but has climbed again in subsequent years. The results reveal a fragmented leadership landscape in which the EU must share or compete for leadership with other actors, such as the USA and China, who hold drastically different institutional design preferences and leadership visions than those promoted by the EU. The article’s findings provide insight into the dynamics that both foster and frustrate the EU’s aspiration to lead the effort to reach a deal on a binding post-2020 climate change agreement in Paris at COP 21.     

Predicting suicidal risk in a cohort of depressed children and adolescents

Background: In children and adolescents with a depressive disorder, predicting who will also go on to exhibit suicide-related behaviors (SRBs), including suicide attempt or self-harm, is a key challenge facing clinicians. Aims: To investigate the relative contributions of depressive disorder severity, hopelessness, family dysfunction, and perceived social support to the risk of suicide-related behaviors. Methods: This was a cross-sectional study of a group of 10-16-year-olds with major depressive disorders and dysthymic disorder. Results: Child-rated depressive disorder symptom severity emerged as the greatest predictor of risk. Hopelessness and family dysfunction were also significant predictors of SRBs. In combination these variables were strong predictors, accounting for 66% of the variance. This is a cross-sectional study design, rather than longitudinal, therefore risk prediction over time was not possible. Conclusions: Understanding the child and adolescents depressive disorder symptom severity from their perspective, their level of hopelessness, as well as their family context is critical in understanding the risk of SRBs. These findings may help to provide direction for targeted interventions to address these clinical risk factors.     

Eyewitness testimony of children in target-present and target-absent lineups

The effects of age of witness and age of suspect on eyewitness testimony were investigated. Forty-eight elementary school children and 48 college students viewed a slide sequence of a mock crime. This was followed by target-present or target-absent photo identification with a no-choice option, central and peripheral questions related to the crime, and a second photo identification. In photo identification, child witnesses had a higher rate of choosing than adult witnesses, suggesting that children have more lax criteria of responding. The accuracy data showed similar levels of sensitivity across ages although there was a trend toward reduced accuracy of child witnesses in target-absent lineups. All witnesses made more total choices and more correct rejections with child-suspect lineups than adult-suspect lineups. Central questions were answered better than peripheral questions by both age groups, but adults made significantly more “don't know” choices.     

Chinese dragon or toothless tiger? Regulating the professional competence of traditional Chinese medicine practitioners

The escalation in popularity of complementary and alternative medicine (CAM) has begun to stimulate regulatory responses to ensure the safety and efficacy of different modalities. The Therapeutic Goods Authority in Australia oversees a scheme of listing and registration, said to lead the world. Established CAM courses now confer recognised bachelor degrees. Victoria has recently regulated Traditional Chinese Medicine (TCM) practitioners, through the Chinese Medicine Registration Act 2000 (Vic), modelled on legislation regulating medical practitioners. CAM is being integrated into conventional medical (especially general) practice, and calls for the "mainstreaming" of CAM are increasing. Integrating CAM, however, involves a critical incoherence, well illustrated by the Victorian legislation. Clinical competence can only be properly assessed against standards established through scientific validation. If CAM systems, which purport to offer alternatives to science-based medicine, are regulated through conventional instruments, they may well be relinquishing the very identities which set them apart.     

Regulatory impact assessment and regulatory governance in developing countries

Regulatory impact assessment (RIA) offers the means to improve regulatory decision‐making and practice. RIA involves a systematic appraisal of the costs and benefits associated with a proposed new regulation and evaluation of the performance of existing regulations. So far, the adoption of RIA has been confined mainly to OECD countries. The purpose of this article is to assess the contribution that RIA can make to ‘better regulation’ in developing countries. Results from a survey of a small number of middle‐income countries suggest that a number of developing countries apply some form of regulatory assessment, but that the methods adopted are partial in their application and are certainly not systematically applied across government. The article discusses the capacity building requirements for the adoption of RIA in developing countries, in terms of regulatory assessment skills, including data collection methods and public consultation practices. The article also proposes a framework for RIA that can be applied in low and middle‐income countries to improve regulatory decision‐making and outcomes. Copyright © 2004 John Wiley & Sons, Ltd.     

Do Australian public sector employees have the type of culture they want in the era of new public management?

New public management theory proposes that public sector organisations should be managed more like private sector organisations. It is therefore expected that public sector managers will have preferences for an organisational culture that will reflect the culture of private sector organisations, with an external rather than internal orientation. The current research investigated the idea that managers' perceptions of ideal organisational culture would be different to the bureaucratic model of culture (internally oriented), which has traditionally been associated with public sector organisations. Responses to a competing values culture inventory were received from 925 public sector employees. Results indicated that the bureaucratic model is still pervasive; however, managers prefer a culture that is more external, and less control focussed, as expected. Lower level employees expressed a desire for a culture that emphasised human relations values.