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Current issues in regulation : enforcement and compliance

Carlton Crest Hotel, Melbourne
03 September 2002

Introduction

The Australian Institute of Criminology, in collaboration with the Regulatory Institutions Network, Australian National University and the Division of Business and Enterprise, University of South Australia, has hosted a conference addressing the role that regulation plays in promoting the wellbeing and safety of the community and its effectiveness in preventing illegal practices. The conference aimed to explore strategies, processes, legislation, compliance and enforcement techniques in areas such as trade practices, consumer protection, occupational health and safety, professional regulation and the environment.

h2>Conference proceedings

The proceedings of this conference were published as:

Regulation : enforcement and compliance / Richard Johnstone and Rick Sarre
Canberra: Australian Institute of Criminology, 2004
ISBN 0 642 53837 9 ; ISSN 1326-6004 (Research and Public Policy Series, no. 57)

Conference papers

Welcome and opening

• Keynote address : The Trade Practices Act and world's best practice: proposals for criminal penalties for hard-core collusion
  Professor Allan Fels AO, Chairman, Australian Competition and Consumer Commission
• Self-regulation : who's in charge here?
  Louise Sylvan, Chief Executive, Australian Consumers' Association

Legal regulation and policing

• The shadows of the law : contemporary approaches to regulation and the problem of regulatory conflict
  Dr Fiona Haines, Department of Criminology, University of Melbourne and David Gurney, Mallesons Stephen Jaques, Vic
• Private police: the future of policing and the broader regulatory framework
  Rick Sarre, Associate Professor of Law, University of South Australia
• Third party policing : prospects, challenges and implications for regulators
  Dr Lorraine Mazerolle and Dr Janet Ransley, School of Criminology and Criminal Justice, Griffith University

Occupational health and safety regulation

• Safety, courts and crime
  Professor Richard Johnstone, National Research Centre for Occupational Health and Safety Regulation, Australian National University
• From adversity to opportunity: a case study of the impact of public interest groups on enforcement of safety legislation
  Robert Seljak and Sara Hope, Division of Workplace Health and Safety, Department of Industrial Relations, Queensland
• Long-term ethylene oxide exposure trends in US hospitals: intervention needed to preserve gains made following the 1984 OSHA standard
  Dr Tony LaMontagne, Department of Epidemiology and Preventive Medicine, Monash Medical School at Alfred Hospital

Issues in regulation

• Contracting with third party service providers: the experience of WorkCover SA with outsourced claims management
  Robin Shaw, WorkCover Corporation of South Australia
• Enforcing conditions of the Nurses Board of Western Australia following disciplinary proceedings
  Dr Selma Alliex, Nurses Board of Western Australia
• Regulation by local and state government agencies in Queensland
  Gary Adams, Crime and Misconduct Commission, Queensland

Managing organisational compliance

• Effective compliance and the role of the 'professional'
  Duncan Hart, Phillips Fox Lawyers, Victoria
• Is there a reliable way to evaluate organisational compliance programs?
  Dr Christine Parker, Law Faculty, University of Melbourne
• Managing regulatory compliance
  Professor Peter Carroll, Faculty of Commerce, University of Tasmania and Associate Professor Myles McGregor-Lowndes, Faculty of Business, Queensland University of Technology

• Keynote address: Risk society and meta-regulation
  Professor John Braithwaite, Law Program, Research School of Social Sciences, Australian National University and Chair, Regulatory Institutions Network (Regnet), Australian National University
• Consumer protection : at the merci of the market for damages
  Professor David Round, Centre for Applied Economics, University of South Australia
• Is adverse media publicity a legitimate regulatory compliance technique?
  Dr Karen Yeung, Fellow in Law, St Anne's College, Oxford University

Persuasion and punishment and compliance strategies

• Hook, line and sinker: who takes the bait in cold calling scams
  Dr Anne Grunseit, Clare Marlin and Peter Kell, Australian Securities and Investments Commission
• The role of trust in nurturing compliance: a study of tax scheme investors
  Kristina Murphy, Centre for Tax System Integrity, Regulatory Institutions Network, Australian National University
• National road transport compliance and enforcement reforms: on the road to a new national culture of compliance
  Kirsty McIntyre and Barry Moore, National Road Transport Commission

Effective regulatory enforcement

• The nexus between regulation enforcement and catastrophic engineering failures
  Athol Yates, Senior Policy Analyst, Institution of Engineers Australia
• Policing the building industry
  Gil King, Manager , Practitioner Compliance, Building Commission Victoria
• Regulating dishonest conduct in the professions
  Dr Russell G Smith, Australian Institute of Criminology

Occupational health and safety enforcement

• Enforcement and compliance : occupational health and safety, Victoria
  Cath Duane, Director, Operations Support Division, WorkSafe Victoria
• Strategic enforcement
  Michele Patterson, Assistant General Manager, WorkCover NSW, Occupational Health and Safety Division
• The Division of Workplace Health and Safety's enforcement profile: implications for the responsive regulation of workplace health and safety in Queensland
  Shane Stockill, Division Workplace Health and Safety, Queensland

Environmental regulation

• Environmental protection : enforcement provisions under the Resource Management Act 1991
  John Verry and David James, Rodney District Council, New Zealand
• Beyond compliance : next generation environmental regulation
  Professor Neil Gunningham, Regulatory Institutions Network, Australian National University
• The role of self-regulation in improving corporate social performance: the case of the mining industry
  Professor David Brereton, Centre for Social Responsibility in Mining, University of Queensland