Regulation

Dynamics of reciprocal regulation

Reciprocity pervades regulation more than meets the eye. This thesis observes that regulators’ forbearance gives regulatees a chance to reciprocate with reform or compliance.

Compliance with law or regulation is a reciprocal response to legitimate regulation. Compliance can also be a response to the observed compliance of fellow citizens’. This is one aspect of indirect reciprocity, a concept that is developed theoretically as a key to successful regulation in this thesis.

Mine safety: Law, regulation, policy

Author/s (editor/s):

Gunningham, Neil

Publication year:

2007

Publication type:

Book

Find this publication at:
http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875661

Historically, the mining industry has had a high incidence of work related injury and disease, and of disasters involving multiple fatalities. It also faces OHS challenges far exceeding those confronting most other industry sectors.Mine safety legislation can play an important role in meeting those challenges. Although regulation is never likely to be the entire answer, good regulation not only brings laggards up to a minimum legal standard, it also encourages, rewards and facilitates leaders in going beyond them. Bad regulation, in contrast, constrains good enterprises from taking the initiative to improve OHS, while failing to deter bad ones.This book describes mine safety legislation in the “mining states” and analyses its strengths and weaknesses. It also examines the broader policy questions of how best to design, implement and enforce mine safety regulation.It argues that substantial reform will be necessary not only in setting standards, but also in their implementation, if further OHS improvements are to be achieved. This implies substantial changes in the way the mine safety inspectorates go about their tasks: in how they administer and enforce the law; and in the circumstances in which they choose to prosecute. It also requires the nurturing of a degree of trust between employers and workers (individually and collectively) and between both these parties and the mines inspectorates, that has been substantially lacking in recent years.

Cite the publication as

Gunningham, Neil, 2007. Mine safety: Law, regulation, policy. Sydney:Federation Press.

OHS regulation for a changing world of work

Author/s (editor/s):

Bluff, Elizabeth
Gunningham, Neil
Johnstone, Richard

Publication year:

2004

Publication type:

Book

Find this publication at:
http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862875050

This volume assesses the legacy of the Robens Report, the intellectual foundation of modern OHS law and practice in Australia and many other countries, following the Report’s 30th anniversary.The authors confront the challenges facing OHS regulators and stakeholders in a new and different world dominated by service industries and globalisation rather than manufacturing industries and protection. They explore new models of OHS regulation that take account of gaps and deficiencies in the current arrangements.The authors bring international expertise from the United Kingdom, New Zealand and Scandinavia as well as Australia. They focus on the kinds of regulatory strategies, including both OHS law and enforcement policy, that are most likely to produce good OHS outcomes in this changing world of work.

Cite the publication as

Bluff, Elizabeth , Neil Gunningham, Richard Johnstone, 2004. OHS regulation for a changing world of work. Sydney: Federation Press.

Labour law and labour market regulation: Essays on the construction, constitution and regulation of labour markets and work relationships

Author/s (editor/s):

Arupn christopher
Gahan, Peter
Howe, John
Johnstone, Richard
Mitchell, Richard
Arup, Christopher
O'Donnell, Anthony

Publication year:

2006

Publication type:

Book

Find this publication at:
http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876118

The traditional boundaries of labour law are becoming outmoded in a modern world in which active labour market participants vastly outnumber “employees”, and the world of work extends way beyond the workplace gate. There is convergence with labour market regulation. The contract of employment remains central but is no longer the sole object of studyLabour Law and Labour Market Regulation is a state of the art presentation of the latest Australian scholarship and research surrounding this seismic change. Its 38 chapters reflect the dramatically different industrial, social, political and legislative contexts in which the law now operates and the intellectual revolution this is generating.The latest theoretical thinking and empirical findings are gathered here.

Cite the publication as

Arup, Christopher et al , 2006. Labour law and labour market regulation: Essays on the construction, constitution and regulation of labour markets and work relationships. Australia, Leichhartdt: Federation Press.

An evolving compliance model for tax enforcement

Author/s (editor/s):

Braithwaite, John
Braithwaite, Valerie

Publication year:

2000

Publication type:

Book chapter

Cite the publication as

Braithwaite, John and Valerie Braithwaite, 2000. ‘An evolving compliance model for tax enforcement,’ In Crimes of privilege: Readings in white-collar crime, edited by Neal Shover and John Paul Wright. New York: Oxford University Press.

Regulating property: Problems of efficiency and regulatory capture

Author/s (editor/s):

Drahos, Peter

Publication year:

2004

Publication type:

Book chapter

Cite the publication as

Drahos, Peter, 2004. 'Regulating property: Problems of efficiency and regulatory capture', In _Regulating Law_edited by Christine Parker, Colin Scott, Nicola Lacey and John Braithwaite, 168-186. Oxford: Oxford University Press, Oxford.

Introduction (Regulating Law)

Author/s (editor/s):

Braithwaite, John
Parker, Christine
Scott, Colin
Lacey, Nicola

Publication year:

2004

Publication type:

Book chapter

Cite the publication as

Braithwaite, John, Christine Parker, Colin Scott, and Nicola Lacey, 2004. 'Introduction (Regulating Law)', In _regulating law_, edited by Christine Parker, Colin Scott, Nicola Lacey and John Braithwaite, 1-12. Ocford: Oxford University Press.

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Updated:  10 August 2017/Responsible Officer:  Director, RegNet/Page Contact:  Director, RegNet