Legislative Practice as Discursive Action: A Performance in Three Parts

Paralleling Henry and Milovanovic’s theory of constitutive criminology this paper considers several dialogic relationships created in and through an engagement with the Governing Principles of the Penalties and Sentences Act, an example of penal legislation practiced in the Australian State of Queensland. Fairclough’s method of Critical Discourse Analysis is enlisted providing the discussion with three prominent discourses performed in the text: purposive, individualising and moral/behavioural. The discussion proposes that dealings with the text both inform and prepare responses across a variety of relational situations involving the State, society, those directly engaged with the criminal justice system and the Act itself. Of specific concern is how the legislation discursively limits or permits action within these relationships whilst ignoring its own constitutive force and relational responsibilities.     

The Police and the New Magistracy: Independent Members and the New Police Authorities

Independent appointed members to police authorities were introduced as part of the reforms brought about by the Police and Magistrates' Courts Act 1994. This radical change to the make-up of police authorities was defended by government ministers as a necessary reform in order to broaden the expertise and experience available in such bodies. Critics, by contrast, saw the change as a move to further centralise control, and as a means of reducing local democratic input, over policing. Using data from a national telephone survey of police authority clerks, and case studies of three police force areas, this article examines the role of `independent' appointed members to local police authorities. We argue that the early signs are that the new members are becoming well integrated into police authorities, although such bodies have been significantly depoliticised as a result of this and other changes. This revised version was published online in August 2006 with corrections to the Cover Date.     

ASSESSING INTERGOVERNMENTAL COORDINATION IN COASTAL ZONE MANAGEMENT

One of the primary incentives to state governments to participate in the national coastal zone management program is the legal requirement that federal resources use activities as well as federal projects and federally permitted activities that affect state ocean and coastal areas must be consistent with federally-approved state coastal programs. The "consistency provisions" are among the most innovative attempts to insure intergovernmental coordination in resource management. In assessing the implementation of the consistency provisions, we find that this legal requirement has led to the development of a variety of formal and informal collaborative mechanisms for intergovernmental coordination in ocean and coastal management. While these mechanisms have led to the resolution of the vast majority of federal-state conflicts in coastal areas some important federal-state conflicts have not been resolved. This has more to do with the character of these particular conflicts than the general effectiveness of the mechanisms for collaboration that have been established.     

Non-voluntary licensing of antivirals under patent: options the Australian Government should consider in light of a potential bird flu pandemic

In the face of a potential bird flu pandemic, Australian Federal Health Minister, Tony Abbott, has recently dismissed expert advice that the government should begin, or even publicly consider, authorising generic manufacturers to produce antivirals, such as Tamiflu and Relenza, under patent via non-voluntary licensing methods. This is despite the fact that the demand for antivirals in Australia, and throughout the world, cannot be met by manufacturers under the control of limited patent owners alone. This article proposes that Australian patent law, which allows for non-voluntary licensing when it comes to important public health issues that affect Australian citizens, is relevant in meeting the demand for increased antiviral treatments during a possible bird flu pandemic, domestically and abroad. It argues that the Australian Government must go beyond what is currently being done and investigate and pursue such options.