Police Misconduct as a Breach of Public trust: the Offence of Misconduct in Public Office

Until relatively recently, the common law offence of misconduct in public office has been regarded as anachronistic. The offence was perceived to have been supplanted by specific statutory offences that could more appropriately deal with criminal conduct by public officials. However, there has been a revival of the offence with successful prosecutions occurring in Australia, England and Hong Kong. Many of these contemporary cases have involved police officers. Examination of these cases reveals that the circumstances in which misconduct in public office has been identified have been diverse, including the unauthorised disclosure of confidential information, the use of false search warrants and the sexual exploitation of vulnerable persons. In many instances, police officers were charged with other criminal offences in addition to charges relating to misconduct in public office. The matters prosecuted as misconduct in public office typically involved matters that were serious and/or could not be adequately prosecuted as other criminal offences or as breaches of police regulations governing conduct. Consequently, despite the proliferation of statutory criminal offences in the 20th century it appears that there continues to be a place for the offence of misconduct in public office. It criminalises misconduct by police officers that may not be adequately dealt with by other offences and recognises the public trust dimension of wrongdoing by these officials. However, a continuing and fundamental challenge is to determine the appropriate definition and scope of the offence.

Supporting working parents: findings from the AHRC’s national inquiry into the prevalence of pregnancy and return to work discrimination in the workplace

In July 2014 the Australian Human Rights Commission (AHRC) released the findings of its national review into pregnancy and return to work discrimination in the workplace1 which it conducted following a request from the Commonwealth Attorney-General’s Department.2 The review comes 15 years after the commission’s first inquiry into pregnancy discrimination in the workplace.3Federal law has prohibited pregnancy discrimination in the workplace since the Sex Discrimination Act 1984 (Cth) (SDA) came into force.4 It is now unlawful in every state and territory.5 Discrimination on the basis of breastfeeding and family or carer’s responsibilities is also prohibited.6 Since 2009 the Fair Work Act 2009 (Cth) (FW Act) has prohibited workplace discrimination based on pregnancy and family or carer’s responsibilities7 and the Act gives employees additional entitlements relating to their parental and caring responsibilities. Male and female employees who are the primary caregiver for a child are entitled to 12 months unpaid parental leave upon the birth or adoption of the child and can request an additional 12 months leave.8 Upon returning to work, they can request flexible working conditions9 and they are protected from adverse action, such as dismissal, for exercising these rights.10 Yet despite these legal protections, the findings of the national review show that employees continue to experience discrimination during pregnancy, when taking parental leave and upon re-entering the workforce. This note presents the main findings from the surveys and consultations that were held with employers and employees as part of the review and the review’s recommendations for addressing the prevalence of what it terms ‘pregnancy/return to work discrimination’.

Patterns of intergroup contact in public spaces: micro-ecology of segregation in Australian communities

The use of public spaces can promote social cohesion and facilitate interpersonal interactions within the community. However, the ways racial and ethnic groups interact in public spaces can also reflect and influence informal segregation in the wider community. The present study aimed to examine patterns of intergroup contact within public spaces in Victoria, Australia through short-term observation in four localities. Data were collected on within-group, intergroup and absence of contact for people from minority and majority groups. A total of 974 contacts were observed. Findings indicate that in the observed public spaces, people from visible minority groups tended to have no contact with others or to interact with people from other ethnic/racial groups. In contrast, those from the majority group tended to interact predominately with other majority group members. This suggests that majority group members are more likely to ‘self-segregate’ in public spaces than those from minority groups.

Supplier integrity due diligence in public procurement: limiting the criminal risk to Australia

The potential for criminals and terrorism financiers to secure lucrativegovernment contracts poses a risk to Australia’s anti-money laundering,anti-corruption and counter-terrorism financing objectives. This articlecompares the customer due diligence measures that banks are required to implement to prevent money laundering and terrorism financing with the general supplier due diligence practices and processes of key Australian government departments and agencies. It identifies various weaknesses in current procurement practices relating to standard contracts and argues that these render Australian public procurement vulnerable to criminal abuse, threaten compliance with its sanctions regime and potentially undermine the crime combating objectives of its money laundering and terrorism financinglaws. The article recommends that the national interest calls for awhole-of-government approach to improve supplier due diligence in public procurement.

Measuring the economic consequences of racial discrimination in Australia

 Racial discrimination results in economic inefficiency. This thesis has investigated its impact and estimated, for the first time, the health-related costs attributable to racial discrimination. The study found that the Australian economy incurs substantial loss due to the burden of disease associated with the exposure of minorities to racial discrimination.

Gestures of judgement and welcome in public spaces: hypervisible migrant newcomers in Darwin, Australia

This paper draws on ethnographic research to show how pigmentation intensities of skin and facial characteristics make bodies of colour recognisable in public spaces of Darwin, a small multiethnic and multiracial north Australian city. This paper shows that the visibility of newcomers, in particular, humanitarian migrants from countries in Africa, the Middle East and Asia, circulates negative sentiments of fear, anxiety and discomfort in public spaces when instantaneous judgements are made. These judgements of misrecognition made by residents of diverse ethnic and racial backgrounds lead to simmering tensions that unfold as visceral events of vulnerability in public spaces such as bus interchanges, neighbourhood streets, shopping centres and car parks. These events that have the potential to wound and numb bodies contribute to the “urban unconscious” of Darwin as a city where public spaces are safe with heightened surveillance. This paper argues, however, that events of hypervisibility, judgement and interracial tensions can unfold quite differently in public spaces if humanitarian migrants sense gestures of welcome, particularly from Aboriginals. Such fleeting moments of welcome in Darwin have the potential to bring together bodies with different histories and geographies of racialisation, so that multiple publics emerge through everyday habits of living with difference.

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.

Cycles in public opinion and the dynamics of stable party systems

We study a dynamic model of elections where many parties may enter or exit political competition. At each election a new political leadership arrives for each party. The leadership cannot choose the party's platform (ideological identities are fixed) but must decide whether or not to contest the election. Contesting elections is costly and this cost is higher if the party has recently been inactive. The distribution of voters' ideal policies, or public opinion, changes over time via a Markov process with a state independent persistence parameter. We characterise stable party systems where the set of contestants is invariant to the recent most observed opinion. We show that stable party systems exist only when public opinion is sufficiently volatile, while highly persistent moods lead to instability and change in the party system whenever public opinion changes.

Discrimination, Peformance and Career Progression in Australian Public Sector Labor Markets

While promotion is an important mechanism for allocating labor within organizations, relatively little is known about the determinants of promotion in the highly diverse and traditionally heavily regulated Australian labor markets. This study uses unique data from the Victorian Public Sector Census 2004 to identify the extent and nature of bias in the promotion process. Specifically, we use the promotion histories of 16,675 public sector employees to investigate the existence of discrimination in promotion on the basis of gender, disability and cultural diversity. We find that some differences exist in the rate of promotion on the basis of gender, and to a lesser extent, of birthplace, but, importantly, most of these are due to differences in endowments. There are effectively no differences in promotion on the basis of disability. We find that the main driver of promotion in Victorian public sector labor markets is worker effort and performance. Compared to labor markets elsewhere, the Australian public sector is relatively free of discrimination in promotions.

HIV discrimination : integrating the results from a six-country situational anaylsis in the Asia Pacific

The findings of the six independent studies on institutional forms of HIV discrimination in the Asia Pacific presented in this Special Issue of AIDS Care are integrated. At first glance, the general pattern of the results across the study sites suggests that discrimination is most pertinent in the domain of 'practice' rather than in the domains of law or institutional policy. On closer analysis, however, utilising the qualitative data, this conclusion does not take sufficient account of the cultural context within which the interpersonal interaction (practice) between the health carers and people living with HIV/AIDS occurs. Limitations on the use of anti-discrimination legislations and protective written policies for reducing discrimination in these contexts are discussed. The need for alternative approaches to thinking about discrimination intervention is raised and this is done through a consideration of the strategy of universal precautions.

Universities in crisis? Knowledge economies, emancipatory pedagogies, and the critical intellectual

Discrimination against women in public sector organisations has been the focus of considerable research in recent years. While much of this literature acknowledges the structural basis of gender inequality, strategies for change are often focused on anti-discrimination policies, equal employment opportunities and diversity management.Discriminatory behaviour is often individualised in these interventions and the larger systems of dominance and subordination are ignored. The flipside of gender discrimination, we argue, is the privileging of men. The lack of critical interrogation of men’s privilege allows men to reinforce their dominance. In this paper we offer an account of gender inequalities and injustices in public sector institutions in terms of privilege. The paper draws on critical scholarship on men and masculinities and an emergent scholarship on men’s involvement in the gender relations of workplaces and organisations, to offer both a general account of privilege and an application of this framework to the arena of public sector institutions and workplaces in general.

Intra-organisational marketing culture and market orientation: a case study of the implementation of the marketing concept in a public library

The measurement of both marketing culture and behaviour provides the opportunity to gain more insight into the overall market focus of organisations. This article seeks to determine the market orientation and marketing culture of all staff within organisations, to ascertain to what extent other members of an organisation support or create barriers to the successful implementation of the marketing concept. This paper will provide a brief overview of the existing literature in the field of market orientation and marketing culture. After detailing the research design and methodology, a summary developed from 11 focus group sessions - consisting of all staff in one public library service in Victoria, Australia - is presented. The findings indicate that while all areas within this organisation are committed to marketing, there are various interpretations of marketing and how it should be implemented. In addition, the research finds a number of factors that could be instrumental in the successful implementation of the marketing concept in public libraries.

It's in your hands : the value of handsearching in conducting systematic reviews of public health interventions

Background While there is an emerging evidence base in public health, the evidence can often be difficult to find. Indexing of journals in MEDLINE has assisted those conducting systematic reviews to more easily identify published studies. However, information technology and the processes associated with indexing are not infallible. Studies may not be correctly marked by study design which may mean they are missed in the electronic searching process. Handsearching for evidence of intervention effectiveness has therefore become a recognized tool in the systematic review process.

Methods Resources to guide handsearching activity currently are clinically focused, and may not be sensitive to the characteristics of public health studies where study terminology may differ. In response to this issue, the Cochrane Health Promotion and Public Health Field (the Field) developed and implemented a small study to recruit and support handsearchers from around the world to identify health promotion and public health trials and systematic reviews. A strategic framework was developed to recruit and support handsearchers to search six public health-related journals.

Results In total, 131 trials and 21 systematic reviews were identified. The greatest value of handsearching was found to be in supplement editions and abstract sections of journals

Conclusions The study focused exclusively on indexed journals with the intention that tools and methods developed could be used to explore the potential for handsearching in non-indexed journals and for unpublished studies. The findings from this study will continue to support handsearching efforts and in doing so contribute to high quality systematic reviews of public health interventions.

How world's best public relations practice was not, but might have been achieved, in respect of a "biosolids" (stabilised sewage sludge) project

This is a case study which criticises the way a water authority has been trying to introduce “biosolids” (stabilised sewage sludge) projects. Two proposed projects have been abandoned after outcry by communities neighbouring earmarked sites. At the time of writing a third project was going ahead. This local scale clash reflects contests which are cropping up globally as water authorities are restricted in their use of land or sea dumping and ordered to introduce environmentally sustainable practices. The case study ends with a discussion of a strand of cultural theory which might have given the water authority a better understanding of the public issues involved. The article concludes that understanding cultural theory might assist organisations achieve world best practice in public relations when they face some of the pressing environmental and safety concerns of the 21st century.