Law, governance and risk: deconstructing the public-private divide in climate change adaptation

The article focuses on the public–private divide in law and which organizes principles for and governance. It analyzes the governance model of public–private divide regarding for climate change adaptation in context to a case study of water governance and flood risk. It compares the relationship between state and individual laws which helps in policy setting.

Legal risk impact in Public Private Partnerships (PPPs): the case of the Chinese water sector

China is currently experiencing a rising demand for water, combined with limited funding availability for water project procurement. Consequently, local Chinese governments have sought procurement solutions by experimenting with public private partnerships (PPPs). However, the legal risk in PPPs, particularly in the water sector, remains high. Legal risk refers to risk arising from the legal and regulatory systems surrounding PPPs. Past research have identified legal risk in PPP projects in China as critical, however the stages at which they are significant have not been studied. This paper examines the legal risk associated with PPPs in the water sector in China and measures the degree of risk across three key stages; 1) Procurement, 2) Construction and 3) Operation. The interrelationship between legal risk at these three stages is also investigated. The significance of the risk was measured by determining the probability and severity of the risk. Correlation analysis was used to investigate the relationship between legal risks across the three stages. Our findings are that legal risk is present at all three stages, at close to moderate levels, with risk significance greatest at the operational stage. Moreover, while no correlation was identified for legal risk at the operational stage with those of earlier stages, it was found that legal issues arising during the procurement stage significantly exacerbated any further legal issues that emerged during the construction stage of water projects. The findings from this study will be significant in providing practitioners with the information to manage this risk at different stages of PPP projects.

EDMS, ERMS,ECMS or EDRMS : fighting through the acronyms towards a strategy for effective corporate records management

Records management has been receiving increased attention around the world over the last two decades as governments issue ever more laws and regulations about the management of corporate records. An electronic system to manage records effectively is the ultimate goal of every organisation in both the public private sectors – whether to support the development of E-Government or to conduct business legally. Such systems are not yet clearly defined, however, as the obvious confusion and inconsistency of nomenclature makes very clear. This paper highlights the problem and calls for research into this essential but currently ignored area.

Issues in the implementation of cross-cultural management in Australia-evidence from a study of selected public and private sector organisations

This study examines the current status of cross-cultural management (CCM) in Australia.

The study is based on Reyes' (2004) Ph.D research of a qualitative nature in five organisations in the public and private sectors selected from a sample of organisations which appear to lead the field in Australia in respect of CCM. Literature is also surveyed to present a picture of the current legal and institutional setting of CCM in Australia and provide a context for the study.

Analysis of the findings highlights the gap between cross-cultural rhetoric and action in workplace situations. Problems are identified leading to incomplete and inadequate implementation of CCM in the respondent organisations. The study argues for the need for management to take a systems approach to the formulation and implementation of CCM. Some suggestions are made for improvements in the future.

Barriers and enablers to clinical fieldwork education in rural public and private allied health practice

There is a need to maximise rural clinical fieldwork placement to build health workforce capacity. This study investigated allied health professionals' (AHPs) experience of supervising students as part of work-integrated learning in public and private rural health settings. An anonymous postal questionnaire with 30 questions was used to collect quantitative and qualitative data about the barriers and enablers that AHPs encounter when supervising students in their clinical setting. A total of 113 public and private AHPs from Southwest Victoria, Australia, returned the questionnaire. The AHPs were trained in the disciplines of occupational therapy, physiotherapy, speech pathology, dietetics, podiatry or psychology. The majority of respondents (75%) had previously supervised students. Most respondents had only provided fieldwork education in the public sector. Allied health professionals working in public and private sectors had positive experiences with clinical fieldwork education and often had increased job satisfaction while supervising students. They experienced similar enablers to involvement in clinical fieldwork education programs, however the barriers they encountered were different. The findings highlight the differing issues between rural public and private settings that need to be addressed for successful clinical fieldwork education and work-integrated learning. Strategies to address the identified barriers need to be specific to the work conditions of each setting.

The emergence of the public sector expectations gap

This paper focuses on the continuing worldwide phenomenon of homogenisation of audit rules, regulation and procedures between the government and private sectors. The observations are informed by Pusey’s (1991) criticisms of ‘economic rationalism’ as the driving mechanism behind public sector reforms in Australia. The presumed superiority of commercial audit is questioned in association with the work of Hopwood (1983, 1998), Otley and Pierce (1996) and, Power (1992, 1994, 1995, 1996, 1997) that contextualise the role of audit. In the private sector audit there continues to be an ‘expectations gap’ arising from commercial pressures and a rhetorical support for the public interest. It is contended that audit quality in the public sector is driven by a different perception of public interest that has been eroded with the advent of economic rationalism. The consequent emergence of a public sector audit ‘expectations gap’ is an amalgam of new components particular to the government audit environment and, aspects of the private ‘expectations gap’ which have been transplanted into the public domain.

Codes of ethics best practice in the Swedish public sector: a PUBSEC-scale

Examines business ethics in Swedish public sector organizations, and in particular, explores the content of public sector codes of ethics; suggests that it is possible through such an analysis to gain an understanding of an organization's performance in this area. Describes the questionnaire survey sent to public sector organizations (government, county councils, municipalities) requesting information on how they developed an ethical ethos into their daily operations, and details the analysis undertaken into their codes of ethics. Draws on case studies with public sector units representing best practice, in respect to codes of ethics, to develop a customized public sector scale (PUBSEC-scale) consisting of seven dimensions and 41 items. Makes suggestions as to how the PUBSEC-scale could be used; points to the differences between the codes of ethics in the public and private sectors; looks at what the private sector can learn from the public sector; makes suggestions for further research.

Critical uncertainty factors for efficient risk allocation in privately financed public infrastructure projects in Australia

Risk allocation in privately financed public infrastructure projects, commonly referred to as public-private partnership (PPP) projects, is a challenging job due to the nature of incomplete contracting. Choosing a risk allocation strategy could be viewed as the process of deciding the proportion of risk management attributable to the public and private partners based on a series of characteristics of the risk management service transaction in question. These characteristics can be related to the various uncertainty factors. In this study, uncertainty factors have been grouped into Institutional, Social and industrial, Economic, and Project-specific categories and examined in order to achieve efficient risk allocation and minimize risk management-related costs in a long-term view. Critical uncertainty factors for the allocation of three major risks have been identified through an industry-wide survey in Australia. These identified critical uncertainty factors are expected to help decision-makers from both public and private sectors choose efficient allocation strategies for major risks. Future research directions are also set out.

Work differences by sector for medical specialists : evidence of a public sector ethos

Work-related characteristics representative of the ethos for medical specialists have been relatively unexplored, particularly compared to the array of research on primary care physicians. Analyses of 4,166 specialists, from the first wave of the Medicine in Australia: Balancing Employment and Life (MABEL) study, revealed that specialists have a choice between either challenging work in the public sector or straightforward yet well-paid work in the private sector. Despite more challenging conditions, health and intent to leave were not key issues for specialists in the public sector, with specialists in private rooms more likely to leave the profession despite more positive work conditions. This result may be due to the public sector ethos suggested in other studies. Ultimately this study provides evidence that suggests differences in the ethos between medical specialists in the public and private sectors.

Governance at community level : small towns in rural Victoria

The 'blurring' of the boundaries between and within public and private sectors has led to new styles of governing that affect the way that rural communities organise themselves. Some have called this a shift from 'government' to 'governance' where there has been a convergence of neo-liberal and communitarian ideologies to form the basis of a new relationship between the state, the market and civil society. We analyse the impact of these converging ideologies using a survey of development groups in 35 towns in rural Victoria and explore the types of community governance that have emerged as a response to changes in those towns that lost their local government authorities in the last decade of the twentieth century.

Tracking the nomadic life of the educational researcher :- what future for feminist public intellectual(s) and/in the performative postmodern university

Is the idea of the liberal university dead, has the post modern university any chance of being emancipatory, has the theory practice divide merely collapsed in an era of 'new knowledge work', or has the university just become one aspect of market state and global capitalism. Knowledge based economies simultaneously locate universities as central to the commodification and management of knowledge while the legitimacy of the university and the academic as knowledge producers is challenged by post modernist, feminist, postcolonial and indigenous claims within a wider trend towards the 'democratisation of knowledge' and a new educational instrumentalism and opportunism. What becomes of the educational researcher, and indeed for their professional organizations, in this changing socio political and economic scenario? Is our role one of policy service or policy critique, technical expert or public intellectual? In particular what place is there for feminist public intellectuals in a socalled era of post feminism and public-/private convergence? The paper draws on recent debates around the nature of knowledge based societies, trends in relations between policy and educational research, and draws upon feminist and critical perspectives to mount a case for the importance of the postmodern university and the public intellectual.

Volunteering and well-being : do self-esteem, optimism, and perceived control mediate the relationship?

Volunteers play a vital role in modern societies by boosting the labor force within both the public and private sectors. While the factors that may lead people to volunteer have been investigated in a number of studies, the means by which volunteering contributes to the well-being of such volunteers is poorly understood. It has been suggested through studies that focus on the absence of depression in volunteers that self-esteem and sense of control may be major determinants of the increased well-being reported by volunteers. This is consistent with the homeostatic model of subjective well-being, which proposes that self-esteem, optimism, and perceived control act as buffers that mediate the relationship between environmental experience and subjective well-being (SWB). Using personal well-being as a more positive measure of well-being than absence of depression, this study further explored the possible mediating role of self-esteem, optimism, and perceived control in the relationship between volunteer status and well-being. Participants (N = 1,219) completed a 97-item survey as part of the Australian Unity Wellbeing project. Variables measured included personal well-being, self-esteem, optimism, and a number of personality and psychological adjustment factors. Analyses revealed that perceived control and optimism, but not self-esteem, mediated the relationship between volunteer status and personal well-being.

Physical activity and environment programme guidance : fieldwork report

This quick reference guide presents the recommendations on ‘Promoting and creating built or natural environments that encourage and support physical activity’. It is for NHS and other professionals who have a direct or indirect role in – and responsibility for – the built or natural environment. This includes those working in local authorities and the education, community, voluntary and private sectors. It may also be of interest to members of the public. The guidance offers the first national, evidence-based recommendations on how to improve the physical environment to encourage physical activity. It demonstrates the importance of such improvements and the need to evaluate how they impact on the public’s health.

Identifying and developing executive skills

This study aimed to identify those skills which, individually or in combination, contribute to a high standard of management practice by Chief Executive Officers in Australia. Based on an extensive review of the literature, a skill taxonomy was developed to reflect current research findings. Verification of this taxonomy was sought through field questionnaires and depth interviews with male and female CEOs drawn from large and small organisations in both the public and private sectors. This led to a revised skill taxonomy, with 17 skills reflecting three significant categories; understanding and interpreting the external environment understanding and mobilising the internal environment and understanding and mobilising personal resources’ Eight of the skills were identified as key differentiating skills. They are situational, contingent and interdependent They reflect the broad context in which they are applied and their interrelationships in the wider environment. The research then sought to determine how these skills were acquired or developed. The motivation and capacity for continual learning was a key factor. The most effective learning took place in a randomised, unstructured, incremental and integrative fashion. Experiences associated with breadth, diversity, challenge and with reassessing perspectives and personal paradigms were of particular significance. It was found that an ordered, structured and purposive learning approach — as implied by most existing learning models — does not necessarily enhance the acquisition of the key skills; it may well impede their development. This led to the theoretical conclusion that there are three modes of learning relevant to senior executives; instrumental learning (‘learning to do’), systemic learning (‘learning to be’) and meta-learning (‘learning to learn’). The implications are drawn out, with particular reference to the experiences and facilitative organisational environments needed for the development of systemic and meta-learning; the modes considered of most importance if senior executives are to be able to effectively respond to the organisational and environmental challenges they face.