I wish I was 21 now beyond doping in the Australian peloton

An investigation into the reasons for doping among professional athletes (cyclists) and attitudes towards and assessments of current attempts and form of legislation and regulation of doping, inlcuding prospects for reform, and types of reform required.

Australia’s position on medicines policy in international forums: Intellectual property protection and public health

Universal access to affordable medicines, which are safe, efficacious and of high quality, and which are appropriately used, depends on national legislation that is in turn constrained by a range of international agreements. This regulatory configuration also affects the profitability of the pharmaceutical industry, domestic and international. Tensions and contradictions between industry profitability and public health objectives relate to access, innovation and regulation.

Players, clubs, events and the Trade Practices Act : a primer for sporting clubs

The Trade Practices Act (TPA) has had an enormous impact on how corporations in Australia may conduct their business. In relation to sporting clubs, it limits the freedom of clubs to deal with players, each other and the public. While previously many clubs may have escaped the ambit of the TPA because they were not “corporations”, state equivalent Fair Trading legislation and the introduction of the national competition policy in 1995 have effectively expanded the scope of consumer and competition regulation to include individuals and associations. Consequently, an understanding of the nature and scope of trade practices regulation is now important for any sporting organisation—regardless of size or structure. This paper identifies the legislative provisions most likely to impact upon sporting clubs and examines some possible circumstances in which clubs might find themselves exposed to liability.

Pharmaceuticals in Australia: developments in regulation and governance

The pharmaceutical domain represents a type of internationalised policy network theorised in recent writings on neo-liberalism, neo-corporatism and governance. This article presents an analysis of developments in prescription drug regulation in Australia. A relatively stable, state-managed pattern of interaction has been superseded by less closed exchange, and the government itself has fragmented into agencies pursuing different objectives. Developments in the three core regulatory areas are described: safety and efficacy controls, social policy (access and equity), and state support for industry (economic) development. Consensus-building occurs within the context of the National Medicines Policy. The pharmaceutical industry, represented by Medicines Australia, has a stake in all aspects of pharmaceutical policy and regulation, and draws upon unique resources (expertise and lobbying capacity). The context for the developments described is Australia's abandonment of a protectionist version of the Keynesian welfare national state in favour of the model of the competition state, which is oriented towards support for the growth of high technology industries such as pharmaceuticals, premised on partnerships with business.

Homophobic bullying and human rights : non-deficit approaches in queer youth wellbeing policy and practice

This chapter is concerned with ways for improving the capacity of school communities to provide queer young people with stimulating educational experiences that productively engage with the realities of their lives and which promote and enhance their wellbeing. By "queer" or "LBGTI" I mean to refer to all of those young people who do not conform to prevailing expectations regarding gender and sexual identity and behaviours, those young people who may be lesbian,gay, bisexual, transgender or intersexual (lGBTI), as well as all of those young people who have an association with gender and sexual diversity (for example, the straight fey boy who gets called a poofta; the teenage girl with lesbian parents, etc.). Methodologically, this chapter draws on a tradition of Foucauldian cultural analysis which acknowledges that gender and sexual identities are not stable or fixed, but that they are generated by influential discourses (e.g. my identity as a "man" in Melbourne today is mediated by contemporary discourses of masculinity, of Australianness, of class and so on) (for example, see Foucault 1984, 1990, 1992 and 1998).

This chapter argues that conventional approaches to school improvement for queer students normally focus on strategies for reducing the victimisation of teenage homosexuals, and that such strategies rely on dominant discourses of safety and bullying. I examine a recent example of this policy approach and use it as a starting point for considering the benefits and the constraints of a victim-based approach to queer youth wellbeing policy. The chapter then moves into a discussion about the recent introduction of human rights legislation in Victoria and how this can assist a move in policy and practice towards a more positive and diffuse engagement with gender and sexual diversity.

E-governance as digital ecosystem : a new way to think about citizen engagement and the internet?

There has been a long history of attempting to deploy networked information and communications – mostly in the form of the Internet – to support the broad goals of effective, efficient and responsible democratic government. While there has been considerable talk about the way such technologies might promote better governance – through increased citizen participation in debates and discussions about future outcomes – there has been, in contrast, much action that actually uses the Internet for more efficient government, by creating online and networked interfaces by which citizens can transact business with government. There has been only limited success in using the Internet and similar communications channels to allow citizens to participate in their own governance. Undoubtedly, the Internet does facilitate public consultation. For example, the European Commission used an Interactive Policy Making web tool for public consultation on legislation for regulation of chemicals. Over 6,500 contributions were received over a period of 2 months and the consultation process led to the identification of key flaws in proposals, saving billions of Euros (Timmers,2008). However, consultation of this kind tends to be a mechanism for gathering opinion and gaining citizen approval for change that is not different except in transmission form than previous approaches based on meetings and written submissions. While the European Commission example can be seen as successful, Internet-based consultation can too easily become promotional or marketing oriented, as in recent efforts in Australian by the Federal Communications Minister to use a blog to discuss proposed changes to Internet censorship regulations: in this case, discussion and debate from participants appears largely to have been ignored in favour of a pre-existing position. This paper aims to provide a solution to some of these problems by drawing on the idea of how the Internet can host and support a digital eco-system.

The discursive practices of nurse practitioner legislation in Australia

Aim.  The aim of this paper was to examine the nurse practitioner legislative framework in Australia from a critical social theory perspective. Background.  National regulation for nurses and midwives has superseded all previous state legislation with effect from July 2010. The aim of this change was to streamline regulation processes across all health professionals requiring regulation, in order to eliminate diverse state-based regulatory policies that were identified as hindering transferability of the workforce across Australia. This paper explores the changes with reference to nurse practitioners. Since their introduction to Australia different legislative practices between states have presented difficult endorsement procedures which have affected employment. Data sources.  Information for the paper is drawn from a doctoral study which examined the politics of advancing nursing in Australia, with particular reference to the discourses of nurse practitioners. This is augmented by more recent legislative documents and policies, as well as media reports, to examine the process of change in legislation and the unfolding discourses on employment and practice. Implications to nursing.  Nurse practitioner endorsement may be more complicated, defeating the original premise of transferability of a skilled workforce across state jurisdictions. Conclusion.  This paper exposes the influence that powerful discourses can have on a major change to professional practice.

Preventing tobacco use and harm: what is evidence based policy?

The majority of tobacco users commence in early to mid-adolescence. Tobacco smoking can be characterised as a chronic, relapsing disorder. While risk increases with amount smoked, there is no safe level of use (i.e., all use is risky). Duration of use is the most important predictor of premature death with the majority of excess morbidity and mortality avoidable if people quit before middle age. Investment in initiatives that reduce smoking among pregnant women and those at risk of cardiovascular disease provide quickest returns -in reduced health care episodes and expenditure.  Measures that successfully reduce smoking among parents probably reduce smoking uptake by children, and high levels of smoking among both children and parents appear to be associated with higher levels of illicit drug use.
The evidence base for pharmcotherapies in the treatment of tobacco dependence is very strong. Population-level initiatives such as tax increases, mass media-led campaigns and smoke-free policies are all highly cost-effective in reducing population-smoking levels, including among children and young people.
Australian tobacco control initiatives have been based on "social ecology" conceptualisations of the problem, which acknowledge the pivotal role of the media in shaping social values, and public and political opinion.
Broad social change, as well as more focused prevention and cessation initiatives, has drawn heavily on research findings from the behavioural sciences. Considerable effort (mainly, in Australian, in the NGO sector) has gone into documenting policy inputs and monitoring impact and outcome measures.
This chapter discusses why conceptualising tobacco-related harm from legal, economic and social policy perspectives should also help build support for tobacco control policy among academic and practising economists and lawyers, and in the business, welfare and government sectors.

Biotechnology and governance in Australia and Sweden: path dependency or instutional convergence?

The development of new generic technologies occurs within traditional structures of industry-government interaction, but also unleashes a process of 'creative destruction' generating new institutional patterns. This article, focusing on biotechnology, describes and compares policy processes and institutional arrangements in Australia and Sweden. The Swedish biotechnology sector displays a pattern of fragmentation and relatively weak state steering. Australia, by contrast, has implemented a set of comparatively coordinated regulatory and other measures to foster the growth of biotechnology. This observation contradicts the characterisation of Sweden as a 'strong state' economy, and challenges the depiction of Australia as lacking in state steering capacity. The relative open-endedness of the search in these countries for a mode of regulation of biotechnology suggests that the role of the state in economic restructuring today is fundamentally distinct from that of earlier periods.

Challenges in translating scientific evidence into mandatory food fortification policy: an antipodean case study of the folate- neural tube defect relationship

Objective: To identify challenges in translating scientific evidence of a  nutrient and health relationship into mandatory food fortification policy.
Design: A case study approach was used in which available evidence  associated with the folate–neural tube defect relationship was reviewed against the Australia New Zealand Food Regulation Ministerial Council's Policy Guideline for mandatory food fortification. Results: Three particular challenges were identified. The first is knowing when and how to act in the face of scientific uncertainty. The second is knowing how to address the special needs of at-risk individuals without compromising the health and safety of the population as a whole. The third is to ensure that a policy is sufficiently monitored and evaluated. Conclusions: Despite the availability of compelling evidence of a relationship between a particular nutrient and a health outcome, a definitive policy response may not be apparent.  Judgement and interpretation inevitably play significant roles in influencing whether and how authorities translate scientific evidence into mandatory food fortification policy. In relation to the case study, it would be prudent to undertake a risk–benefit analysis of policy alternatives and to implement nutrition education activities to promote folic acid supplement use among the target group. Should mandatory folate fortification be implemented,  comprehensive monitoring and evaluation of this policy will be essential to know that it is implemented as planned and does more good than harm. In relation to mandatory food fortification policy-making around the world,  ongoing national nutrition surveys are required to complement national policy guidelines.

More dominant in their inactivity: consumer response and the adoption of digital TV in Australia

After much hesitation, discussion, and power brokering, Australia adopted digital TV for its Free-to air broadcasting on January 1, 2001. However, by December 2002, only a few thousand homes had adopted the technology. This paper examines the implementation and regulation of digital TV in Australia from the point of view of the ‘established base’ the new technology will replace, theories on diffusion and innovation of new technologies, and the Justification Model, which sees technology choice as social gambling. It then evaluates the various protectionist regulations and limitations imposed on the technology to safeguard the various stakeholders, the implementation strategies used, lack of digital content, marketing efforts, negative media coverage, and the economic realities of the technology, and argues that if consumers reject the technology altogether, it would lead to Australia missing the future applications of digital technology and the opportunity to address the issue of the ‘digital divide’ in the 21st century.

Policy, preparation, prevention and punishment: one faculty's holistic approach to minimising plagiarism

Most Australian universities have made attempts of various kinds to address plagiarism. Some have responded in recent times with a primary focus on catching and punishing plagiarists, often assisted by computer software packages. Others have taken a more holistic approach incorporating foci on policy, assessment regime and student preparation and education as well as on ensuring appropriate consequences for plagiarists. This paper outlines one example of the latter approach in one Australian university faculty and details the outcomes in terms of policy recommendations and resources to support the approach. The necessity of evidence-based evaluation of attempts to reduce plagiarism in higher education is argued.

The Australian Association of Social Workers and social policy debates: a strategy for the future?

It has been argued that the Australian Association of Social Workers (AASW) not only has a mandate, but also an important role to play in influencing social debates for the benefit of the users of social services and, further, that as a professional association, it is ideally positioned to do so. However, the AASW has been criticised for failing to meet this mandate and have any lasting impact on the formulation of social policy. In the present article, the author considers the process by which the AASW engages in social policy debates and speculates on the historical, cultural, and structural factors that may impede its ability to do so. From this analysis, strategies are suggested for the AASW to increase its impact on the formulation of social policy.

The present and the future of digital TV in Australia

Australia adopted digital TV (DTV) on January 1, 2001 but due to slow adoption by end users, the deadline to discontinue the analog signal has so far been postponed twice. This paper examines the history and current status of DTV adoption in Australia with reference to theories of adoption and diffusion and the Justification Model of Technology and why end users
appear reluctant to adopt-in spite of affordable converters. End user opinions are examined on ‘why they do not adopt’ and ‘what may encourage them to adopt’, using public submissions to the 2005 parliamentary ‘Inquiry into the uptake of digital TV in Australia’. The paper advocates relevant media literacy programs to address the low public awareness of DTV and its benefits because its rejection may result in less affluent end users losing the chance to receive a range of convergent services in the future via the ubiquitous and affordable television.