The Authority and Interpretation of Regulations

In the past half century, governments have increasingly relied on regulations—secondary legislation issued by administrative bodies and departments—to impose obligations on private parties, multiplying the occasions for regulatory interpretation. This article develops a theory of regulatory interpretation. It argues that such a theory involves understanding the authority of regulations. Turning to the public law of the UK, US, and Australia, this article identifies an intriguing similarity; in each case, regulations have authority when they rationally and nonarbitrarily implement delegated power within the means permitted by statute. The article then argues that this account of regulatory authority justifies a common approach to interpretation in which the object of interpretation is the purpose the regulation seeks to implement, discerned from the regulation's text and accompanying explanation of its purpose, and constrained by background legal norms.     

Multimethod Resolution of a Small‐Scale Case of Commingling

This study highlights the use of multiple methods for resolving a case of commingled human remains. Skeletal remains were located in a marijuana field in rural northern California by law enforcement. Although initially buried in shallow graves, the remains of two decedents were disturbed by large carnivores and scattered over a wide area. The remains were submitted by law enforcement for forensic anthropological analysis and resolution of commingling. To segregate the remains of the two individuals, a number of methods were employed, including: (i) physical matching of fragmented remains; (ii) articulation to evaluate joint congruence; (iii) visual pair‐matching of bilateral elements; (iv) osteometric pair‐matching; (v) evaluation of taphonomic patterns; (vi) DNA analysis; and (vii) portable X‐ray spectrometry (pXRF). This multimethod approach resulted in accurate resolution of the commingling and facilitated reconstruction of the biological profiles, taphonomic patterns, and trauma analysis for each individual.     

The ‘unwanteds’ and ‘non-compliants’: ‘unsupported mothers’ as ‘failures’ and agents in Australia’s migrant Holding Centres*

Abstract

Ideas of assimilated citizenship are inherently gendered and during Australia’s post-World War Two migration boom they were deeply and explicitly invested in marriage, children and domesticity. In this period of social conservatism and economic boom, assimilation rhetoric functioned as a reassuring mirror for the host population, promoting the dream of prosperous family life as the ultimate aspiration for refugees and migrants. The role of immigration Holding Centres within this vision was to provide a context in which migrants and refugees could take their first steps towards accomplishing this dream. These Centres of necessary temporary residence were designed as sites of transition towards autonomous, assimilated family life. However, those families headed by single mothers, often referred to in government records as ‘unsupported mothers’, had limited opportunities to live up to such images of assimilation, or even to comply with the economic imperatives of the migration scheme that had brought them to Australia. Based mainly on Department of Immigration records, this article demonstrates that despite recognising the long-term economic and social prospects their children represented, government agencies viewed many unsupported mothers as system failures. They attempted to remedy the situation by turning these women into live-in domestic workers, at times placing pressure on them to institutionalise their children in order to facilitate this, thereby prioritising their compliance with economic imperatives over support for their parenting. Within the limited scope of their agency, unsupported mothers responded by attempting to negotiate the terms of their compliance or simply refusing to comply. For the latter group, Holding Centres became a more permanent home. This permanence is read here as a gendered form of resistance to a system that struggled to foster their economic self-reliance without compromising their capacity to be mothers.     

Histories of constrained compassion: the idealised refugee family and the Australian nation, 1947–1975

Abstract

By way of introduction to this special issue, I examine the idealised family as a technology of Australia’s white nation-building project in a period of growing internationalism. I place the articles in this context, highlighting their contributions to a history of compassion propelled by Australia’s emerging sense of itself as a global citizen and constrained by a nationalist agenda defined by economic and social aims and informed by a history of racial anxiety. Racialised and gendered productions of the family have been deployed by the Australian nation to embrace, regulate and reject refugees in the period since 1947. This special issue contributes to historicising these techniques and their effects, which remain with us in reconfigured forms in the present.     

Under the skin of probation: A statewide analysis

This analysis examines the inter- and intra-racial/ethnicity effects of skin tone variations in a sample of probationers across three dependent variables: probation length, successful completion, and revocation due to technical violations. Darker tones were linked to shorter probation terms with the exception of African Americans, among whom no effect was found. Darker tones were also associated with a decreased likelihood of successful probation completion. Conversely, probation success likelihood was higher among light skinned Hispanics. Finally, lighter tones were also associated with increased risks of probation revocation. Importantly, across the analysis any significant effects for Whites dissipated once Hispanics were removed from the analysis. Explanations of the contrary findings are offered drawing from scholarship on normal crimes and racial threat.     

Organisational culture and strategic change in Australian local governments

This study examines the impact of organisational culture on strategic change in local governments in Australia. The findings indicate that strategic change is affected by two organisational culture factors, innovation and attention to detail. This study contributes to the management accounting contingency literature and the public management literature by providing an insight into the role of organisational culture as a contingency factor influencing strategic change. Such findings may be used by local government managers to enact change effectively.