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Journal articles on the topic 'Commonwealth Government'

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Published: 4 June 2021

Last updated: 19 February 2022

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1

Slinn, Peter, and Karen Brewer. "THE COMMONWEALTH PRINCIPLES (LATIMER HOUSE) ON THE RELATIONSHIP BETWEEN THE THREE BRANCHES OF GOVERNMENT: TWENTY YEARS ON." Denning Law Journal 30, no. 2 (August 8, 2019): 101–19. http://dx.doi.org/10.5750/dlj.v30i2.1700.

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2018 marks the twentieth anniversary of the Latimer House ‘process’ which commenced with the drafting of the Latimer House Guidelines for the Commonwealth on Good Practice Governing Relations between the Executive, Parliament and the Judiciary. Since then the Latimer House Guidelines have been transformed into the Commonwealth Principles (Latimer House) on the Relationship between the Three Branches of Government which have been endorsed by Commonwealth Heads of Government on several occasions. This article assesses the role of the Latimer House process over the last two decades against the background of the Commonwealth’s evolving commitments to good governance and the rule of law. In Part 1 explores the role of the Commonwealth in supporting good governance and the rule of law whilst Part 2 considers and evaluates the Latimer House process itself. Part 3 reviews the development of the Commonwealth Principles in practice whilst in Part 4 some specific implementation issues concerning the Judiciary are discussed. Part 5 considers the future development of the Commonwealth Principles whilst Part 6 provides a conclusion and overview.

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2

Colledge, Michael. "Commonwealth Government Statistical Clearing House." Small Enterprise Research 6, no. 1 (January 1998): 55–63. http://dx.doi.org/10.5172/ser.6.1.55.

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3

Frendo, Michael. "The Malta Commonwealth Heads of Government Meeting: The Commonwealth’s New Beginnings?" Round Table 105, no. 1 (January 2, 2016): 15–20. http://dx.doi.org/10.1080/00358533.2015.1126961.

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4

McMurtry, Roy. "Sport and Commonwealth heads of government." Round Table 82, no. 328 (October 1993): 419–26. http://dx.doi.org/10.1080/00358539308454178.

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5

Barringer, Terry. "Commonwealth Heads of Government Meeting Diary." Round Table 105, no. 1 (January 2, 2016): 11–14. http://dx.doi.org/10.1080/00358533.2016.1139261.

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6

Dunn, Delmer D. "MINISTERIAL STAFF IN AUSTRALIAN COMMONWEALTH GOVERNMENT." Australian Journal of Public Administration 54, no. 4 (December 1995): 507–19. http://dx.doi.org/10.1111/j.1467-8500.1995.tb01164.x.

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7

Shaw, Timothy M. "Review: Commonwealth Heads of Government Meeting 2009, the Commonwealth Yearbook 2009, the Contemporary Commonwealth An Assessment." International Journal: Canada's Journal of Global Policy Analysis 65, no. 4 (December 2010): 1072–75. http://dx.doi.org/10.1177/002070201006500409.

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8

Crammond, B. R., M. E. Bond, A. Peeters, and B. Loff. "Commonwealth Government regulatory options to combat obesity." Obesity Research & Clinical Practice 5 (October 2011): 52. http://dx.doi.org/10.1016/j.orcp.2011.08.004.

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9

Madden, Frederick. "Commonwealth government at Oxford ‐ some personal reflections." Journal of Commonwealth & Comparative Politics 31, no. 1 (March 1993): 36–44. http://dx.doi.org/10.1080/14662049308447647.

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10

Badcock, Blair. "Accommodating Australians. Commonwealth Government Involvement in Housing." Urban Policy and Research 31, no. 1 (March 2013): 119–22. http://dx.doi.org/10.1080/08111146.2013.776477.

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11

Jacobs, Keith. "Accommodating Australians: Commonwealth Government Involvement in Housing." Australian Historical Studies 44, no. 1 (March 2013): 158–60. http://dx.doi.org/10.1080/1031461x.2013.761592.

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12

Cole, D. A. "ENVIRONMENTAL LAW REGIMES—PETROLEUM OPERATIONS IN AUSTRALIA'S OFFSHORE AREAS." APPEA Journal 35, no. 1 (1995): 813. http://dx.doi.org/10.1071/aj94058.

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Increasing petroleum activity in Australia's offshore areas is heightening industry, government and community awareness of the potential impact of these operations on marine ecosystems and coastal environments.The Offshore Constitutional Settlement of the late 1970s has resolved the issue of allocation of governmental rights and powers over the resources of the sea and the seabed. However, the application of environmental laws to those areas remains largely untested. A complex web of legislation—State, Territory and Commonwealth—may apply to proposed and on-going petroleum activities.The Commonwealth Government has substantial power to intervene to protect environmentally sensitive areas whether they are within areas of the sea over which that government or the states or the Northern Territory have primary jurisdiction. Despite the recent Intergovernmental Agreement on the Environment, substantial ultimate power resides with the Commonwealth to protect the environment, particularly through the use of the external affairs power. The politically fluid nature of environmental management in offshore areas adds an important dimension to the commercial risk assessment process for the petroleum industry.

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13

Podger, Andrew. "Best practice in the health sector." Australian Health Review 19, no. 4 (1996): 73. http://dx.doi.org/10.1071/ah960073.

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The Commonwealth Government is increasing its emphasis on public health andquality of care, which will require a capacity to measure health outcomes and developstrategies for continuous improvement. The reforms being considered by the Councilof Australian Governments (COAG) are designed to improve the quality of healthservices by allowing the Commonwealth to concentrate on broader strategic analysisand performance measures. The health industry will need to take a pivotal role inimproving service delivery through collaboration with industry leaders and aimingfor best practice.

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14

Skorobogatykh, N. S. "Coronavirus in Australia." South East Asia: Actual problems of Development, no. 2 (47) (2020): 102–30. http://dx.doi.org/10.31696/2072-8271-2020-2-2-47-102-130.

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The article traces the course of the COVID-19 pandemic in the Commonwealth of Australia and its governments’ measures to prevent the spread of this infection. It also describes the public reaction to the government actions.

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15

A. McAlpine, C., A. Peterson, and P. Norman. "The South East Queensland Forests Agreement: Lessons for Biodiversity Conservation." Pacific Conservation Biology 11, no. 1 (2005): 3. http://dx.doi.org/10.1071/pc050003.

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In Australia, regional forest agreements formed the cornerstone of strategies for resolving disputes over the logging of native forests in the last decade of the twentieth century. These disputes, driven by an increasingly vocal and influential conservation movement, coincided with changes in the nature of relationships between Commonwealth and State Governments, with the Commonwealth adopting an increasing role in environmental management (Lane 1999). Following very public disputes about the renewal of export woodchip licenses from native forests (which culminated in log truck blockades of the Commonwealth Parliament, Canberra), the Commonwealth Government adopted regional forest agreements as the mechanism for achieving sustainable management of Australia?s native hardwood forests. This was underpinned by the National Forest Policy Statement (Commonwealth of Australia 1992), which outlined principles for ecologically sustainable management of the nation?s production forests. The Commonwealth and several State Governments reached agreement to develop regional forest agreements (RFAs) for the long-term management and use of forests in ten regions (Fig. 1) (Commonwealth of Australia 2004). Key goals of the agreement were to: reconcile competing commercial, ecological and societal demands on forests in a way that was consistent with the principles and goals of ecologically sustainable forest management (Davey et al. 1997, 2002; Lane 1999); and to establish a comprehensive, adequate and representative reserve system, based on the nationallyagreed JANIS criteria (JANIS 1997).

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16

Jackson, Margaret. "The effect of the proposed national data protection regime on the health sector in Australia." Australian Health Review 20, no. 1 (1997): 1. http://dx.doi.org/10.1071/ah970001.

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The Commonwealth Government and a number of State governments are proposingto introduce legislation based on the Information Privacy Principles contained in thePrivacy Act 1988 (Cwlth). This will allow individuals access to any personalinformation held on them by any organisation or person, including privatepractitioners, private health facilities and State government agencies. This articlediscusses this proposed legislation and its implications for the health sector.Although in the public health area patients can already gain access to their medicalrecords through the use of the various Freedom of Information Acts and, in the caseof Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposeddata protection legislation will provide more than access rights to individuals. Theeffect of the proposed legislation on the private sector, where no obligation exists onthe part of the doctor to grant a patient access to his or her records, will be substantial.

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17

Aulich, Chris, David Crofts and, and Ron Traill. "AN EVALUATION OF THE AUSTRALIAN COMMONWEALTH GOVERNMENT'S LOCAL GOVERNMENT DEVELOPMENT PROGRAM (LGDP)." Australian Journal of Public Administration 50, no. 2 (June 1991): 122–27. http://dx.doi.org/10.1111/j.1467-8500.1991.tb02464.x.

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18

Iyer, Venkat. "Editorial: Thoughts for Commonwealth Heads of Government Meeting." Round Table 98, no. 404 (October 2009): 515–18. http://dx.doi.org/10.1080/00358530903162513.

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19

Callanan, P. "The Commonwealth Government and day surgery in Australia." Ambulatory Surgery 2, no. 2 (June 1994): 98–101. http://dx.doi.org/10.1016/0966-6532(94)90059-0.

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20

Coldham, Simon. "Legal Responses to State Corruption in Commonwealth Africa." Journal of African Law 39, no. 2 (1995): 115–26. http://dx.doi.org/10.1017/s0021855300006276.

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Few countries in the world can claim to be free from corruption and none of these is to be found in Commonwealth Africa. Even though administrative incorruptibility was one of the boasts of the British colonial service, low-level corruption was common during the colonial period and indeed served to bolster the colonial system. Since African states obtained political independence, levels of corruption have markedly increased, regardless of official ideology or economic approach, and in many countries corruption is both pervasive and endemic. Changes of government are often accompanied and, in the case of military coups, justified by commitments to eradicate the corrupt practices that allegedly characterized the previous regime. Corruption is an obstacle to economic development and to political integration, and most African governments (cynically or not) avow the need to combat it. Pressure on governments to act has increased in recent years and comes from two sources. The emergence of pro-democracy forces has drawn large numbers of people into the arena of political debate and organization and this in turn has led to demands for openness and accountability on the part of government. Moreover, foreign donors and international financial institutions are today less willing to condone corrupt practices on the part of African governments. They stress the importance of good governance and accountability and the need to link economic reconstruction with institutional reform.

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21

Hartford Davis, Sebastian Howard. "The Legal Personality of the Commonwealth of Australia." Federal Law Review 47, no. 1 (February 8, 2019): 3–30. http://dx.doi.org/10.1177/0067205x18816236.

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The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of Australia as a nation, and the Commonwealth as federal government of that nation. Current idioms (eg ‘polity’ and ‘body politic’) have a tendency to confuse these distinctions. The article suggests, as a more appropriate way to denote the Commonwealth as legal person, the term ‘constitutional person’.

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22

Timo, Nils. "Future directions for workplace bargaining and aged care under a post 2005 Howard government." Australian Health Review 29, no. 3 (2005): 274. http://dx.doi.org/10.1071/ah050274.

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ON THE 1ST OF JULY 2005, the Howard Government took control of both the House of Representatives and the Senate and substantial reform of the nation?s industrial relations framework is likely to proceed. In order to understand the implications of the proposed industrial relations (IR) reform agenda on aged care, it is necessary to briefly revisit the past. Historically, the ability of the Commonwealth Parliament to regulate industrial relations was construed in the context of Section 51 (xxxv) of the Australian Constitution Act 1900 (Cwlth) that enabled the Commonwealth to make laws concerning ?conciliation and arbitration and the prevention and settlement of industrial disputes extending beyond the limits of any one state?. Since 1904, the Commonwealth, with the states following shortly thereafter, established a regime of industrial tribunals responsible for third party independent conciliation and arbitration, overseeing a system of legally binding industrial awards covering wages and employment conditions. This system, in the words of one of its chief architects, Justice Higgins, ? . . . would substitute for the rude and barbarous processes of strike and lock-out?1 (page 2). By 1991, Australian wages policy gradually shifted from centralised arbitration, elevating workplace agreements to the status of government policy on both sides of politics.2 This process accelerated labour market deregulation, shifting industrial relations and human resource issues to the enterprise level.3 The shift towards workplace agreements post 1990?s was underpinned by a bold reinterpretation of Section 51 (xx) of the Constitution Act that enabled the Commonwealth to regulate the affairs of ?trading or financial corporations formed within the limits of the Commonwealth?, thus, by definition, including regulating employee relations of corporations. The use by the Commonwealth of these powers has extended the jurisdiction of the Australian Industrial Relations Commission (AIRC) to include the making and approving of certified agreements made by constitutional corporations or in settlement of an industrial dispute. Other types of employers such as sole traders, churches and charities, partnerships and unincorporated associations remained covered by state industrial jurisdictions. (On these powers of the Commonwealth, see State of

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23

Aulich, Chris, and Jo Hein. "Whole-of-Government Approaches to Outsourcing and Market Testing by the Commonwealth Government." Australian Journal of Public Administration 64, no. 3 (September 2005): 35–45. http://dx.doi.org/10.1111/j.1467-8500.2005.00450.x.

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24

Larichev, A. "The specifics of the corporate model of local self-government and the divergence of modern approaches to self-government at the local level in the Commonwealth countries." Law Enforcement Review 2, no. 4 (December 28, 2018): 86–97. http://dx.doi.org/10.24147/2542-1514.2018.2(4).86-97.

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The subject of the article is models of local self-government in Commonwealth countries.The purpose of this article is to substantiate or refute the hypothesis post-corporate model of local self-government is evolved.Methods of theoretical analysis are used, as well as legal methods, including the formal legal method and the method of comparative law.The main results and scope of their application. The corporate model of local government can be characterized by the following features: the lack of full constitutional recognition of local government as an independent form of public authority; formal institutional autonomy of municipal units as public (private-public) corporations of a special type that are not included into the system of state power; limited functional autonomy; lack of constitutional recognition of citizens’ or local communities’ right(s) to local self-government; limited accountability of local governments to the population, including the lack of sufficient legislative guarantees for the election of local authorities. These characteristics, grounded also in the historical specificity of local government development in Great Britain and its colonies, as well as in peculiarities of development of municipal units’ status in English law, are determined by the corporate character of municipal government, which does not arise from the power of communities, but is formed by the state "from above". The author also analyzes the differences in approaches to regulation and organization of local government in the Commonwealth countries.Overcoming the historical heritage, laid by the genesis of municipal corporations, in a number of Commonwealth states, indicates the formation of a new, post-corporate model of local government, which can be characterized by some features: the establishment of constitutional autonomy of local government as a special form of public power, its development as a form of democracy with greater control over the forms of self-government and governance at the local level by the population, as well as the establishment of a link between self-government and the local community. The proposed analysis may become a crucial point for future research in the field of post-corporate model of local self-government.Conclusions. Such countries as Australia and Ireland can presently be considered in a state of transition to the post-corporate model of local self-government.

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25

Worthington, Andrew, and Brian Dollery. "The Debate on Australian Federalism: Local Government Financial Interrelationships with State and Commonwealth Governments." Australian Journal of Public Administration 59, no. 4 (December 2000): 25–35. http://dx.doi.org/10.1111/1467-8500.00177.

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26

Hamilton, Jennifer. "‘Disability’ and ‘Discrimination’ in the Context of Disability Discrimination Legislation: The UK and Australian Acts Compared." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 203–45. http://dx.doi.org/10.1177/135822910000400302.

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Both the Commonwealth of Australia and the UK now have in place anti-disability discrimination legislation. In the example of the Commonwealth, that legislation reflected a positive desire by the community and the government to eliminate disability discrimination in public life. In the UK on the other hand, the legislation introduced represented something of a compromise between activists, who wanted stronger legislation, and the government who up until that point had wanted none. Historically anti-discrimination legislation in both jurisdictions has been similarly structured; containing similar grounds of discrimination and also a similar conceptualisation of discrimination. However, partly no doubt as a result of government antipathy, the UK model of legislation departs from the model used in earlier antidiscrimination legislation in a number of key respects: the legislation contains a new conceptualisation of discrimination; and, it introduces for the first time in antidiscrimination legislation a general ‘defence’ of justification for all forms of discrimination. Additionally, the definition of ‘disability’ employed in the Act is very narrow, concentrating upon a person's functional limitations in relation to ‘normal’ activities. The purpose of this article is to contrast the concepts of ‘disability’ employed in the Acts, and to consider the effectiveness of both the ‘traditional’ and the new conceptualization of discrimination contained in the Commonwealth and UK Acts respectively. While disability under the UK Act is reflective of the government's antipathy to the new legislation, the reconceptualization of discrimination is, on the whole, a positive feature, moving away from the principle that equality equals ‘sameness’, to one which gives recognition to disadvantage and places an explicit, positive, obligation on employers to redress that disadvantage. Other areas of difference between the two Acts — such as in the area of ‘defenses’, the development of enforceable Standards (under the Commonwealth Act), and methods of enforcement will be covered in a subsequent article.

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27

Stepanova, N. A. "Great Britain in the Commonwealth of Nations." MGIMO Review of International Relations, no. 4(37) (August 28, 2014): 214–21. http://dx.doi.org/10.24833/2071-8160-2014-4-37-214-221.

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The article is devoted to an analysis of the role of the Commonwealth of Nations in British history and politics. Having emerged at the end of the XIX c. as an informal association of Britain and dominions within the British Empire it has developed into an independent institute that includes almost all former British territories. Even though nowadays the Commonwealth is a free association of countries and manifests democratic values, this distinctive representation of imperialists stood at its origins, and at times the term itself signified the empire, though in a more progressive, democratic and human form. The author argues that for many decades the main reason for this evolution was British politicians'desire to deter regions from breaking away from within the British sphere of influence. Indeed, the Commonwealth countries belonged to one of the three most important and traditional circles of British political and economic interests, as formulated by W. Churchill, while its importance has been constantly emphasized in numerous election manifestos and government statements. However, with the weakening of Britain and growing independence within the organization, as well as because of contradictions between British national interests and the Commonwealth's founding ideals and principles, Britain has become less and less capable of impacting the organization, and its significance has declined, while some British leaders have even openly sabotaged it. Nevertheless, voices that appeal to reanimate the institution, as well as Britain's role in it, are still heard in the British political arena.

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28

Bartkus, Kenneth R., and Stephen W. Litvin. "Inward- and Outward-Facing Governmental Tourism Units in the United States: A Content Analysis of Names Used by States and Commonwealths." Tourism Review International 23, no. 1 (October 2, 2019): 79–86. http://dx.doi.org/10.3727/154427219x15561098338349.

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Developing meaningful names for government units that promote tourism can serve to facilitate more efficient identification by interested others. While the process would appear to be relatively intuitive (i.e., use of descriptive/suggestive identifiers), the results of this study reveal that the names used for official US state/commonwealth units responsible for administrating and promoting tourism-related commerce to businesses and visitors do not always include tourism-related identifiers. First, the review of inward-facing units (i.e., administrative units responsible for promoting business commerce in tourism) reveals that some of the states/commonwealths do not appear to use names that clearly identify the unit as tourism related. Second, the review of outward-facing units (the official state/commonwealth websites dedicated to promoting tourism to visitors) reveal that some of the domain names either do not reflect a clear tourism focus and/or may be difficult to interpret. To mitigate potential interpretational issues with the names, it is recommended that administrators consider the use of descriptive/suggestive names that more clearly identify the unit as tourism related.

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29

Pegler, B., J. Lautenbach, and L. Richards. "SMOOTHING THE PATH—CHANGES TO COMMONWEALTH OFFSHORE PETROLEUM LEGISLATION." APPEA Journal 47, no. 1 (2007): 403. http://dx.doi.org/10.1071/aj06030.

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The last few years have seen a range of important changes to the Commonwealth legislation governing offshore petroleum resources. Not the least of these has been the passing of the new Offshore Petroleum Act 2006 (OPA), which will replace the Petroleum (Submerged Lands) Act 1967 (PSLA), and the recent ratification of the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS) and the Greater Sunrise International Unitisation Agreement.The PSLA has been the primary legislation for the administration of Australia’s offshore petroleum resources for close to 40 years and, through age and many amendments, it has become complex and unwieldy. The Government saw the need to rewrite the Act to provide a more user-friendly enactment that would reduce compliance costs for governments and industry. The rewrite, passed as the Offshore Petroleum Act 2006, focussed on restructuring the Act, deleting outdated text, rewriting specific sections and generally improving its readability rather than rewriting the entire Act in plain English or changing present regulatory arrangements.The OPA was passed through the Commonwealth Parliament in 2006 and has been passed as mirror legislation to cover offshore waters by the majority of States and the Northern Territory. It will be proclaimed to cover Commonwealth waters once it has been mirrored by the States. The Australian Government will continue to press the remaining States to enact the OPA and it is hoped this process can be finalised later this year.Another major step forward has been the setting up of the National Offshore Petroleum Safety Authority (NOPSA). NOPSA is the centralised Australian Government statutory authority responsible for the administration and enforcement of occupational health and safety legislation in the offshore petroleum industry. It has this role for offshore petroleum activities both in Commonwealth waters and in State and Northern Territory offshore waters. The Safety Authority commenced its regulatory operations on 1 January 2005. It has its headquarters in Perth and an office in Melbourne.

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30

Howe, Anna L. "Health care costs of an aging population: the case of Australia." Reviews in Clinical Gerontology 7, no. 4 (November 1997): 359–65. http://dx.doi.org/10.1017/s0959259897007491.

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Since pronounced aging of the population became evident in the 1976 Australian census, there have been repeated expressions of concern about the health care costs associated with this trend. The latest of these has come from the National Commission of Audit (NCA) which was established by the newly elected conservative Commonwealth Government in June 1996 to undertake a wide-ranging review of the financial position of the Commonwealth Government. The Terms of Reference on which the NCA was to report included 'the impact of demographic change on Commonwealth finances, with the intention of making recommendations as to how emerging pressures could be provisioned'. Many of the themes canvassed in its report are in common with those raised in analyses of the implications of aging for health care costs in other countries, but some reflect particular characteristics of the Australian aged care system and social policy context.

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31

Wright, Carl. "The Commonwealth should do more to Promote Democratic Local Government." Round Table 102, no. 3 (June 2013): 301–2. http://dx.doi.org/10.1080/00358533.2013.794579.

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32

Pearce, Dennis. "IMPACT OF EXTERNAL REVIEW ON GOVERNMENT ADMINISTRATION: THE COMMONWEALTH EXPERIENCE*." Australian Journal of Public Administration 51, no. 1 (March 1992): 10–16. http://dx.doi.org/10.1111/j.1467-8500.1992.tb01450.x.

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33

FITZGIBBONS, JONATHAN. "RETHINKING THE ENGLISH REVOLUTION OF 1649." Historical Journal 60, no. 4 (February 27, 2017): 889–914. http://dx.doi.org/10.1017/s0018246x1600042x.

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AbstractIt is generally assumed that the kingless Commonwealth established in 1649 was the unforeseen consequence of the regicide: an expedient taken hesitantly and nothing more than a stop-gap. ‘Republicanism’ was a minority position even among those who remained at Westminster during the dramatic events of 1648–9: the majority remained committed to monarchical forms of government. By reappraising the surviving evidence, this article proposes a radically different account of the genesis of the Commonwealth regime. Not only were preparations already underway in the weeks before Charles I's death that helped to pave the way for government without a king, but also the decision to abolish kingship after the regicide was itself taken relatively quickly, with no discernible signs of hesitation. Even if few who defended or served the Commonwealth were republican, this need not mean that the majority were attached to monarchy. Rather, many of those who supported the regime, drawing upon the experiences and ideas of 1640s parliamentarianism, claimed that the form of government was only ever of secondary importance in comparison to its substance. They did not think kingship was inherently unlawful, but they did not believe it was absolutely necessary either.

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34

Stephenson, Peta. "Fertile Ground for Federalism? Internal Security, the States and Section 119 of the Constitution." Federal Law Review 43, no. 2 (June 2015): 289–312. http://dx.doi.org/10.22145/flr.43.2.5.

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Section 119 of the Australian Constitution confers a duty on the Commonwealth to protect the states against invasion. It also directs the Commonwealth to protect the states against domestic violence when an application is made by a state government. This article contends that there are compelling reasons to construe this second limb of s 119 as a federal constraint on the power of the Commonwealth to call out the military domestically. This interpretation of s 119 is consistent with the plain meaning and constitutional context of the provision and it coheres well with the High Court's revival of interpretive federalism.

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35

HANSEN, RANDALL. "THE KENYAN ASIANS, BRITISH POLITICS, AND THE COMMONWEALTH IMMIGRANTS ACT, 1968." Historical Journal 42, no. 3 (September 1999): 809–34. http://dx.doi.org/10.1017/s0018246x9900864x.

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The article examines the 1966–70 Labour government's decision to withdraw the right of entry from Asians with British passports who were driven out of Kenya by its ‘Africanization’ policies. It examines the decision within the context of three issues: first, the existence and status of a pledge, allegedly made by Macmillan's last Conservative government, that the Asians' right to enter the UK would be respected; second, a decline in both major parties' commitment to the Commonwealth; and, third, competing ideological strains within the Labour party. The article concentrates on the first of these issues, focusing on an as-yet-unresolved debate between Duncan Sandys and Iain Macleod, both Conservative Colonial Secretaries. Macleod argued that a solemn pledge had been given to the Asians, while Sandys and the Conservative party adamantly denied the claim. In the light of new archival evidence, the article argues that the Asians' exemption from immigration controls, which had been applied to the whole of the Commonwealth, did not result from an explicit commitment by the British government; it was rather the unintended result of the mechanism chosen to restrict Commonwealth immigration in 1962. It was a consequence, however, that was recognized by civil servants at the time of the passage of the Commonwealth Immigrants Act in 1962, and accepted by key figures in the British cabinet, including Duncan Sandys himself. The position taken by Sandys and the majority of the Conservative party in 1968 was, behind the safety of the Official Secrets Act, a betrayal of commitments made and pledges given only a few years earlier. The article concludes by suggesting that the Kenyan Asians' crisis represented both a shift, in the two parties, away from previous commitments to the Commonwealth and, in the Labour party, the triumph of James Callaghan's strand of Labour ideology – nationalist, anti-intellectual, indifferent to arguments about international law and obligation, and firmly in touch with the social conservatism of middle- and working-class England.

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36

Harris, Stephen, and Peter Jones. "The Changing Face of Aboriginal Bilingual Education in the Northern Territory: A 1990 Update." Australian Journal of Indigenous Education 19, no. 5 (November 1991): 29–53. http://dx.doi.org/10.1017/s0310582200007653.

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37

Swerissen, Hal, and Lucinda Jordan. "Factors affecting Medicare affordability." Australian Journal of Primary Health 10, no. 3 (2004): 144. http://dx.doi.org/10.1071/py04059.

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The Commonwealth Government, currently, does not have a primary health care policy. Instead, policy is heavily focused on general practitioners (GPs) and, in particular, on payment arrangements. Since 2000 bulk-billing rates have declined significantly in Australia, raising concerns about affordability and access to health care. This paper examines the relationship between affordability, health need, the supply of GPs, and capacity to pay. Bulk-billing and per capita consultation rates are likely to be higher and co-payments lower in areas where GP supply is higher, health needs are high and capacity to pay is low. Implications for the Commonwealth Government?s new MedicarePlus package are also discussed in light of the findings.

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38

Hopkins, John. "Government of foreign state–proof of existence." Cambridge Law Journal 57, no. 3 (November 1998): 429–71. http://dx.doi.org/10.1017/s0008197398243017.

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THE State speaks with one voice in international law. And that voice, of course, is the executive's, usually, but not invariably, that of the Foreign and Commonwealth Office (FCO). Upon a variety of matters a certificate as to certain facts issued by the executive will be regarded by the courts as conclusive of them. This function was, historically, a matter of common law though there are now several statutory provisions in that regard, most notably the Diplomatic Privileges Act 1964 s. 4 and the State Immunity Act 1978 s. 21 identifying defendants who will have immunity from the jurisdiction (see [1998] C.L.J. 4).

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Ann O'Loughlin, Mary. "Conflicting interests in private hospital care." Australian Health Review 25, no. 5 (2002): 106. http://dx.doi.org/10.1071/ah020106.

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This article looks at key changes impacting on private hospital care: the increasing corporate ownership of private hospitals; the Commonwealth Government's support for private health;the significant increase in health fund membership; and the contracting arrangements between health funds and private hospitals. The changes highlight the often conflicting interests of hospitals, doctors, Government, health funds and patients in the provision of private hospital care. These conflicts surfaced in the debate around allegations of 'cherry picking' by private hospitals of more profitable patients. This is also a good illustration of the increasing entanglement of the Government in the fortunes of the private health industry.

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Bates, Gerry. "Environmental Assessment Australia's New Outlook under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)." Environmental Law Review 4, no. 4 (December 2002): 203–24. http://dx.doi.org/10.1177/146145290200400402.

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Environmental law in Australia owes much of its origins to British ancestry, but as a political federation of states and territories, Australia has also looked to other federal jurisdictions in the USA and Canada to help determine appropriate legal responsibilities for protection of the environment and management of natural resources. Environmental assessment of activities at Commonwealth level indeed was initially influenced by the American and Canadian models; but in recent years Australian governments have sought a more refined approach that reflects the realities of a new era of ‘co-operative federalism’ ushered in by the Inter-governmental Agreement on the Environment 1992. The promulgation of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBCA) represents the conclusion of this search for the most appropriate statement of Commonwealth/state responsibilities for the environment; and represents the most fundamental reform of Commonwealth responsibility for the environment in the past 30 years. The Act, which came into force on 16 July 2000, replaces five existing statutes; the Endangered Species Protection Act 1992 (Cth); the Environment Protection (Impact of Proposals) Act 1974 (Cth) (EPIP Act); the National Parks and Wildlife Conservation Act 1975 (Cth); the Whale Protection Act 1980 (Cth), and the World Heritage Properties Conservation Act 1983 (Cth).1 The passage of the Act has been controversial because it appears to limit the legal responsibilities of the federal government to a narrow list of defined circumstances, omitting in the process some environmental issues in Australia that might appear to demand a national approach. The purpose of this paper is to describe the background and philosophy behind the new legislation, and outline the provisions for Commonwealth environmental assessment and approval of actions that might significantly affect the environment.

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Saunders, Benjamin B. "Responsible Government, Statutory Authorities and the Australian Constitution." Federal Law Review 48, no. 1 (November 28, 2019): 4–29. http://dx.doi.org/10.1177/0067205x19890445.

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This article examines the compatibility of extra-departmental executive agencies, a defining feature of the modern regulatory state, with responsible government, one of the architectonic principles of the Australian Constitution. Some scholars have argued that a constitutional implication derived from responsible government should be drawn limiting the types of entities that may be established by the Commonwealth and imposing requirements relating to the relationship that must exist between ministers and entities within their portfolio. This article argues that the view that independent statutory agencies are a derogation from the principles of responsible government rests on a misunderstanding of responsible government. Responsible government is an inherently evolutionary system: as incorporated into the Australian Constitution, responsible government was intended to be flexible and non-prescriptive, allowing for change in the governmental arrangements considered necessary from time to time. Independent statutory agencies should not be seen as a challenge to the true principles of responsible government but a legitimate evolution in governance arrangements, which the Constitution deliberately left open.

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Crawford, Colin. "Principles for Local Government Legislation: Lessons from the Commonwealth PacificGraham Sansom." Local Government Studies 39, no. 6 (December 2013): 895–97. http://dx.doi.org/10.1080/03003930.2013.857504.

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43

Howard, Michael. "A Commonwealth Government Role in Planning: Advocacy And Resistance 1939–52." Urban Policy and Research 6, no. 3 (September 1988): 139–40. http://dx.doi.org/10.1080/08111148808551336.

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Baldwin, Gabrielle. "Teaching in Australian Higher Education: Possible Effects of Commonwealth Government Policies." Higher Education Research & Development 10, no. 2 (January 1991): 193–202. http://dx.doi.org/10.1080/0729436910100207.

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Menzies, Jennifer. "Blowing Hot and Cold - Intergovernmental Relations Capacity in the Commonwealth Government." Australian Journal of Public Administration 70, no. 4 (December 2011): 408–20. http://dx.doi.org/10.1111/j.1467-8500.2011.00740.x.

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Castleman, Beverley. "CHANGES IN THE AUSTRALIAN COMMONWEALTH DEPARTMENTAL MACHINERY OF GOVERNMENT: 1928 - 1982." Australian Journal of Public Administration 52, no. 4 (December 1993): 443–56. http://dx.doi.org/10.1111/j.1467-8500.1993.tb00299.x.

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Yonghua, Zhao. "The Role of the Media in the Process of “Color Revolutions” in the Cis." Transcultural Studies 9, no. 1 (2013): 113–27. http://dx.doi.org/10.1163/23751606-00901010.

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The main cause of "color revolutions" in the Commonwealth (CIS) countries is the political and economic crisis. The media policies, an-ti-government opinion and western media precipitaed the event. This article discusses the importance and influence of media on the pro-gress of "color revolutions" based on patterns of media and political reforms in the state, industrial development of mass media and media strategy of the Western States (as an example the U.S.) in relation to Commonwealth (CIS) countries.

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Ireland-Piper, Danielle, and Jonathan Crowe. "Whistleblowing, National Security and the Constitutional Freedom of Political Communication." Federal Law Review 46, no. 3 (September 2018): 341–65. http://dx.doi.org/10.1177/0067205x1804600301.

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Whistleblowers promote the values of responsible government and the rule of law by drawing attention to criminal or other forms of wrongdoing in publicly accountable organisations. This article explores the relationship between whistleblowing, national security and the implied freedom of political communication under the Australian Constitution. Legislation such as the Crimes Act 1914 (Cth) (‘ Crimes Act’), the Australian Security Intelligence Organisation Act 1979 (Cth) (‘ ASIO Act’) and the Australian Border Force Act 2015 (Cth) (‘ Border Force Act’) makes it an offence to reveal certain types of information obtained as a Commonwealth officer. The Public Interest Disclosure Act 2013 (Cth) (‘ PIDA’) offers limited protection to whistleblowers in the Commonwealth public sector, but this protection does not extend to information relating to intelligence operations. We argue that blanket criminalisation of unauthorised disclosure by Commonwealth officers or contractors under s 70 of the Crimes Act, along with similar prohibitions in s 35P of the ASIO Act and s 42 of the Border Force Act, offend the implied freedom of political communication by failing to strike an adequate balance between national security and organisational secrecy, on the one hand, and public debate and discussion, on the other. The courts should read down these laws to protect disclosures that hold significant public interest for discussion and debate over government policy or the performance of government officials.

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Gabrielli, Caterina. "James Harrington e la concezione del "commonweath" come organismo." RIVISTA DI STORIA DELLA FILOSOFIA, no. 3 (September 2009): 469–90. http://dx.doi.org/10.3280/sf2009-003002.

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- This article aims to shed light on the link between Harrington's political thought and his conception of Nature as an organic whole. Such a relation is reflected in the way mixed government and the representative system are designed to act as complementary institutions of a republic or commonwealth. Under mixed government, the popular balance of property - a political transposition of the fullness of natural life meaning the spread of landed property among the population - is tempered by a quarter of the entire territory being concentrated in the hands of a minority of big landowners. On this basis, the minority ensures for its members exclusive access to the Senate, as an aristocratic institution. In the context of the representative system, the fact that the Senate alone can deliberate, whereas a Popular Assembly can only accept or reject decisions made by the Senate, is moderated by periodical elections of both Houses of Parliament based on popular suffrage.Key words: Natural law; Republicanism; Commonwealth; Mixed government; Separation of powers; Representative system.

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Reid, P. C. "RECENT CHANGES TO AUSTRALIA'S OFFSHORE PETROLEUM REGIME." APPEA Journal 26, no. 1 (1986): 102. http://dx.doi.org/10.1071/aj85011.

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Australia's offshore petroleum legislation is the product of a constitutional compromise enshrined in the Offshore Constitutional Settlement of 1979 between the Commonwealth and the States. Whilst it is current Federal Australian Labor Party policy to dismantle the Offshore Constitutional Settlement and re-assert exclusive Commonwealth jurisdiction from the low-water mark seawards, the Hawke Labor Government has been reluctant to implement this particular policy.A practical consequence of the Offshore Constitutional Settlement for the industry is that many offshore titles are now being split into two separate titles — one under State legislation within the three-mile territorial sea and the other under Commonwealth legislation for the Adjacent Area beyond the territorial sea. The Commonwealth proposal to introduce cash bonus bidding for highly prospective offshore exploration permits after being defeated in the Senate in the first half of 1985 was subsequently passed in November 1985.An APEA proposal for the introduction of a new form of title under the Petroleum (Submerged Lands) Act (PSLA) to protect currently non-commercial reserves has been adopted by legislation.Following the cash bidding debate the Commonwealth Minister has proposed a new set of guidelines for the award of offshore permits which will contain both a fixed dry-hole commitment plus a discretionary program in the event of technical encouragement.The paper concludes with some recommendations for establishing a more secure and certain system of title under the PSLA and to minimize the current administrative delays being experienced by industry. Finally it urges that the current level of consultation between Government and industry on matters of interest arising under the PSLA should be allowed to continue.

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