|
1. News from the Chair
Philosophy and Regulation
Philosophy is a discipline that has been somewhat under
attack at the millennium. The Australian, the
Wall Street Journal and The Times of London
have all run op-ed pieces arguing that the twentieth century
was a mediocre one for philosophy. Wittgenstein died in
1951. Who has there been since has been part of the attack.
Another line of attack has been the disengagement of
philosophy from having an important impact on public
affairs. Philosophers of previous centuries such as John
Locke, Adam Smith, Jeremy Bentham and John Stuart Mill are
cited as influential in both the academy and in political
economy. While it is true that there are no such twentieth
century philosophers, Australians like Peter Singer and
Philip Pettit have been exceptional as top philosophers of
the academy who have also had some influence in regulatory
debates.
In this context, RegNet is delighted that the Australian
Society of Legal Philosophy is making regulation the theme
of its June 2001 conference in Canberra. Julia Black, one
of the outstanding group of regulation scholars at the
London School of Economics, will be the keynote speaker. The
conference is being organized by RegNet members Tom Campbell
and Peter Cane.
Global Corporate Responsibility
Over Christmas I have been helping the Australian Council
for Overseas Aid on a submission to the Parliamentary
Committee on Corporations and Securities concerning the
Corporate Code of Conduct Bill 2000. We are keen to make
this kind of pro bono work an important part of RegNet's
activities. The Corporate Code of Conduct Bill may seem
like a symbolic thing at this point in history. Similar
Bills are struggling for support against business opposition
in a number of the world's legislatures today. They would
impose obligations on multinational corporations to meet
internationally agreed human rights, environmental, employee
rights and consumer protection obligations in their
worldwide operations. In the post-MAI, post-Seattle world,
we are likely to see some movement in this direction - that
is, some movement toward imposing international obligations
to balance expanding international rights to freedom of
investment. Australian mining investment abroad is
particularly at risk at this time because of our poor
international reputation for environmental stewardship.
John Braithwaite
top
2. Centre Profile
The Centre for Democratic Institutions (CDI), an Australian
government initiative established in the Research School of
Social Sciences in July 1998, provides support for
developing countries in the Asia-Pacific region through
exchanges of information, training courses, placements and
networking. It focuses on the parliamentary and judicial
processes as well as civil society leaders in the media and
non-government organisations. The objective of CDI is summed
up in its Mission Statement: ‘To harness the best of
Australia’s democratic experience in support of
developing countries' needs for good governance’.
CDI’s major activities are short term, intensive and
high quality training courses. Courses are developed in
consultation with partner organisations in Australia and in
recipient countries. They are delivered by subject experts,
including leading scholars from the ANU and Murdoch
University, and in conjunction with relevant Australian
institutions, including the Australian Federal Parliament,
State Parliaments, the Federal Court of Australia, the Human
Rights and Equal Opportunity Commission (HREOC), and the
Commonwealth and NSW Ombudsman offices.
One of the key objectives of the Centre is to assist
developing countries in our region to safeguard the rule of
law. This applies to the legislative process, questions of
judicial interpretation and integrity and also the need to
build a culture of compliance. Regulatory agencies have a
key role to play in this process and CDI has adopted a
particular focus on Ombudsmen. CDI projects have involved
Ombudsman offices from the various Pacific Island Countries
as well as the long-established Ombudsman office of the
Philippines and the newly established Ombudsman offices in
Indonesia and Thailand.
In joining Regnet CDI looks forward to strengthening its
skills base in delivering support for regulatory bodies in
developing countries.
Roland Rich
(Director, CDI)
top
3.
Conferences
CALL FOR PAPERS
Centre for International and Public Law, Faculty of Law and
Australian and New Zealand Society of International Law
Annual Conference, 13-14 June 2001, Australian National
University
The Annual Conference and General Meeting of the Australian
and New Zealand Society of International Law will be held
13-14 June 2001 at the Australian National University,
Canberra.
The conference format will comprise a keynote speaker and
panel sessions. One part of the conference will be devoted
to the theme of ‘International Law Down Under:
Antipodean Contributions & Challenges’. Papers
that reflect on the past contributions of Australia and New
Zealand to the development of international law, and also
look to challenges that we may face in the present and
future are especially welcome, but papers in any area of
international law will be considered. New scholars and
practitioners are particularly encouraged to present a
paper.
Proposals and/or abstracts should be submitted by Friday
16 February 2001 to the ANZSIL Secretariat.
Presentations delivered at the conference should be between
10 and 15 minutes long. Papers submitted in written form
after the conference will be published in the proceedings.
The conference brochure will be sent out in March 2001 with
details of registration, travel, accommodation etc. Some
financial assistance will be available to encourage students
to attend and this information will also be included in the
brochure.
Further information: ANZSIL Secretariat, CIPL, Faculty of
Law, Australian National University, Canberra ACT 0200
Phone +61 (0)2 6125 0454
Fax +61 (0)2 6125 0150
Email anzsil@law.anu.edu.au
******************************************************
CALL FOR PAPERS
Australian Society of Legal Philosophy
Annual Conference, 15-17 June 2001, Australian National
University, Canberra
Keynote Speaker: Dr Julia Black (London School of Economics)
'Critical Reflections on Regulation'. Other speakers
include Professor John Braithwaite (ANU). The special theme
for the conference is REGULATION. However, papers are
welcome on any topic of jurisprudential interest.
Offers of papers should take the form of a summary of
between 250 and 500 words.
Deadline: 1 March 2001
Send to either Tom Campbell, email tom.campbell@law.anu.edu.au, ph (02) 6125 0630, or Peter Cane,
email peter.cane@coombs.anu.edu.au, fax (02) 6125 4933.
Postal address: Law Program, Research School of Social
Sciences, Australian National University, Canberra ACT 0200.
We will try to accommodate everyone, but cannot guarantee
that every offer will be accepted. Decisions will be made
and communicated by the 15 March. Offers are welcome from
non-members as well as members of the Society.
top
4.
Conference Report
Building a Cooperative Taxpaying Culture
On 4 and 5 December 2000 the worlds of
academia and administration were brought together when the
Centre for Tax System Integrity (CTSI) hosted its first
International Conference on Building a Cooperative Taxpaying
Culture. CTSI is a research partnership between the
Australian National University and the Australian Taxation
Office. The partnership aims to extend our understanding of
how and why different taxpayer behaviours occur within the
tax system. The conference, which included international
guests representing five university campuses and four tax
administrations, discussed the feasibility of developing
participative tax paying cultures within the global
community.
Following the opening address by Mr Bruce Jones, Second
Commissioner of the Australian Taxation Office, Dr Valerie
Braithwaite (Director of CTSI) presented her findings from
the Community Hopes, Fears and Actions Survey involving over
2000 Australian taxpayers. Her paper used the survey to
explain how taxpayers come to adopt different motivational
postures to the tax system, including commitment,
resistance, capitulation and disengagement. The paper also
examined the consequences of adopting these postures for tax
compliance. In her discussion, Dr Braithwaite revealed a
new motivational posture that is central to participation in
tax avoidance and tax minimization activities, the game
playing posture.
Drs Natalie Taylor and Michael Wenzel from the CTSI also
presented papers using data from the Community Hopes, Fears
and Actions Survey. Dr Taylor argued that what taxpayers
spontaneously say about tax is important in understanding
the attitudes and motivational postures that they adopt
toward paying tax. She pointed out that what people say
reflects their perception of who they are, how they perceive
themselves within the tax system, and whether they perceive
the tax office and government to be acting fairly and
legitimately in matters related to tax. Dr Michael Wenzel
discussed the role of perceived justice in tax compliance.
He noted that deterrence does not always work to reduce
non-compliance and argued the case for a cooperative
relationship with taxpayers building a sense of common
identity, nurturing feelings of justice and fairness and
clarifying the forms of tax non-compliance that are illegal
and socially not accepted.
Four distinguished scholars involved in compliance research
in the UK and US also presented papers at the conference. Dr
Doreen McBarnet from Oxford University presented a paper
that discussed the special challenges posed by
‘creative compliance’, and drew on research in the
UK on tax avoidance and creative accounting to argue that
clarifying law does not always aid compliance with the
spirit of the law. In particular, Dr McBarnet discussed how
recent attempts to control creative accounting, through
giving regulators broad powers, have fared and what lessons
can be learned from these innovations. Dr John Hasseldine
of Nottingham University presented planned and current
research in the UK, which addresses issues of tax
compliance. Professor Neal Shover of the University of
Tennessee reported on the implementation and short-term
impacts of the Compliance Model among small firms in the
Australian building and construction industry. Professor
Shover reported increasing awareness of the Compliance Model
amongst staff but observed that it was early days to be
assessing the effectiveness of the Compliance Model.
Professor Tom Tyler, a psychologist from New York
University, discussed why people obey the law. Professor
Tyler used his research to highlight the importance of
procedural justice when dealing with compliance. He noted
that when people view the procedural rules of an
organisation as fair they are in turn more likely to comply
with the rules of that organisation.
Finally, Peter Noble from the New Zealand Inland Revenue
Authority reported the findings of an investigation into tax
evasion among small and medium businesses in New Zealand. Mr
Noble discussed what environmental, industry and business
dynamics drove tax evasion and non-compliance in these
businesses and suggested possible strategies to address the
issues.
Overheads used in some of the presentations are available on
the CTSI website. Papers will be available early in 2001
for most of the conference presentations. Please check the
CTSI website from time to time for updates on the conference
proceedings (ctsi.anu.edu.au). The first in a series of
working papers "The Taxpayers’ Charter: Does the
Tax Office comply and who benefits" was also launched
at the conference. The working paper series is available on
the CTSI website and can also be obtained from Tina Murphy
(Tina.Murphy@anu.edu.au or phone (02) 6125 4438).
Tina Murphy
top
5.
Publications
Regulation and its Review 1999-2000 was released by the
Productivity Commission on 29 November 2000.
The report is part of the Productivity Commission's Annual
Report Suite and is compiled by the Commonwealth's Office of
Regulation Review.
It provides details of the compliance in 1999-2000 of each
Commonwealth department and regulatory agency with the
Government's requirement that adequate Regulation Impact
Statements be prepared and made public.
Chairman of the Productivity Commission, Gary Banks, said
that "[g]ood policy development processes are critical to
achieving good policy outcomes. Compliance with the
Government's formal Regulation Impact Statement requirements
has been improving overall, but performance has been
variable. In particular, some agencies still appear to be
treating the requirements as an 'add on' - after policy
decisions have been made."
The media release and report can be accessed through the
Productivity Commission's web site at http://www.pc.gov.au/orr/index.html
Printed copies can be obtained, free of charge, by
contacting Michelle Colburn on (02) 6240 3290.
top
6.
Websites
The RegNet website now has an online search facility at
http://regnet.anu.edu.au/membership/searchReg.html Among others, this facility will
assist researchers with finding specific regulatory
expertise from amongst our membership. Other features
include viewing of all members, searching by institution
only, or by name. Updates are scheduled to occur once a
month.
This cyber facility is still in its experimental stage and
modifications can be made according to members' wishes.
Please review your entry and email me
with changes and/or suggestions. You may have privacy and
confidentiality concerns. If you are unhappy about seeing
yourself exposed in cyber space I will remove you
immediately.
RegNet Web Coordinator
top
7.
Achievements
Professors Peter Cane and Jane Stapleton have been appointed
Legal Research Foundation Visiting Fellows at the University
of Auckland.
Professor Jane Stapleton was recently elected to the
American Law Institute.
Professor Barry Higman has been awarded the Jamaica Heritage
Award 2000 from the Jamaica National Heritage Trust for his
book Montpelier, Jamaica: A Plantation Community in
Slavery and Freedom, 1739-1912.
Dr Toni Makkai has been appointed Deputy-Director, Research
at Australian Institute of Criminology (AIC).
Dr Andrew Hopkins been asked to join a Department of Defence
Board of Inquiry which will conduct a system investigation
into an OHS problem in the Air Force.
The following 2001 ARC Large Research Grants involve RegNet
members:
"Legislative, Judicial and Popular Participation in the
Protection of Human Rights in Australia" - Prof T Campbell
(ANU), Prof J Goldsworthy (Monash), Ms A Stone (ANU), Prof L
Alexander (San Diego), Dr J Allan (Otago), Prof D Dyzenhaus
(Toronto), Prof C Gearty (London), Prof F Schauer (Harvard).
"Safety on the Farm: The Potential For Regulatory Reform" -
Prof N Gunningham (ANU).
"Social Identity Processes in Groups and Organisations:
Issues of Leadership And Power" - Dr S Haslam (ANU), Prof J
Turner (ANU), Dr K Reynolds (ANU), Prof T Tyler (New York),
Dr MJ Platow (La Trobe).
Dr Ann Kent was granted a 2001 ARC
Research Fellowship for the project "International Law in
China's Foreign Policy: Culture, Power and Globalisation".
top
8.
RegNet Centres at the ANU
Australian Centre for Environmental
Law (ACEL)
Centre for Commercial Law (CCL)
Centre for Democratic Institutions (CDI)
Centre for International and Public
Law (CIPL)
Centre for Restorative Justice (no website)
Centre for Tax System Integrity (CTSI)
top
9. RegNet Office
Regulatory Institutions Network (RegNet), Research School of
Social Sciences, Australian National University, Canberra
ACT 0200, Australia.
Email regnet@anu.edu.au
Web http://regnet.anu.edu.au
Phone: +61 (0)2 6125 3005.
Fax +61 (0)2 6125 4933.
******************************************************
Copyright RegNet, 2001.
top
|
