Whatever Happened to Frank and Fearless? the Impact of New Public Management on the Australian Public Service
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Sharon Pickering (2005) Refugees and State Crime, the Federation Press, Sydney, ISBN: 1 86287 541 3
Sharon Pickering (2005) Refugees and State Crime, The Federation Press, Sydney, ISBN: 1 86287 541 3 Unlike 2001, the 2004 federal election was not primarily fought around racist images of boatloads of refugees 'invading' Australia's shores. However, the detention and mistreatment of mentally ill Australian resident Cornelia Rau, the Federal Government's intensifying and largely unreported program of forced deportations, 1 the unlawful deportation of Australian citizen Vivian Solon and the deaths in custody of 13 immigration detainees since December 2000 reflect the ongoing human rights violations committed b~ the Australian state against 'unlawful' migrants. With the findings of the Palmer Inquiry likely to generate further much-needed critical debate, Sharon Pickering's book is a timely reminder of the dismal reality of Australia's border protection policies and one of the few serious attempts by criminologists to analyse the Australian state's responses to forced migration.3 Pickering describes her task as 'mapping the construction of refugee deviancy and how the ensuing state response can be considered illegitimate and potentially criminal' (p l ). She starts by locating Australia's refugee policy within the wider law and order discourse entrenched by neo-liberalism throughout the Global North. ln this context, refugees seeking asylum outside of the Australian Government's tightly prescribed legal framework arc acting simply out of choice and must suffer the consequences if their gamble fails. Moreover, the very fact of them attempting to exercise their rights under international Jaw qualifies them as dangerous and triggers state-driven processes of exclusion and criminalisation, which help construct and rely upon rationales for ignoring human rights obligations. -
Submission to the Royal Commission Into Violence, Abuse, Neglect and Exploitation of People with Disability
Submission to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability Submission on laws, policies and practice affecting migrants, refugees and citizens from culturally and linguistically diverse backgrounds January 2021 Sydney Centre for International Law The University of Sydney Law School Building (F10) Camperdown Campus, The University of Sydney NSW 2006 [email protected] With Macquarie Law School Social Justice Clinic About the Sydney Centre for International Law The Sydney Centre for International Law (SCIL) was established in 2003 as a centre of excellence in research and teaching in international law. The centre fosters innovative, interdisciplinary scholarship across the international legal field, and also provides an avenue for the public to access international legal expertise. It operates within the University of Sydney Law School, building upon its well-recognised history of strength in this area. This submission was prepared by the following SCIL interns under the supervision and with the assistance of SCIL Director Professor Mary Crock. Parts 1 – 3; Part 10 Sarah Charak*; Wendy Chen*; Angus Chen*; Sherry Xueyi Jin; John McCrorie*; Leah Park; Rachel Sun*; Emma Louise Tirabosco;* Siobhan Walsh; Frank Gang Yang. Parts 4 - 6 Freya Appleford*; Sarah Charak; Angus Chen; Jake Jerogin*; Emma Kench*; Maxine McHugh; Miranda Hutchenson; Anton Nguyen*; Alexandra Touw; Jiann Yap; Alan Zheng*; Kevin Zou*; Part 7 Jess Mitchell*; Anisha Gunawardhana*; Part 8 Mary Crock; Olivia Morris; Part 9 Mary Crock with Macquarie University Law School Social Justice Clinic and the National Justice Project– Associate Professor Daniel Ghezelbash; Thomas Boyes, Sarah Croake, Jemy Ma; and Sara Hakim* (as a volunteer at the National Justice Project). -
Submission to the Senate Legal and Constitutional Committee Inquiry Into The
Submission to the Senate Legal and Constitutional Committee Inquiry into the administration and operation of the Migration Act By Angus Francisi Introduction This submission focuses on the first term of reference of the Senate Legal and Constitutional Committee Inquiry into the administration and operation of the Migration Act. In particular, this submission focuses on the administration and operation of the detention and removal powers of the Migration Act 1958 (Cth) (‘MA’). The Cornelia Rau and Vivian Solon cases highlight the failure of the Department of Immigration and Multicultural and Indigenous Affairs (‘DIMIA’) to properly administer the detention and removal powers found in the MA. According to Mick Palmer, the head of the government initiated inquiry into the detention of Cornelia Rau, this is a result of inadequate training, insufficient internal controls, lack of management oversight and review, a failure of co-ordination between Federal, State and non-government agencies, as well as a culture within the compliance and detention sections of DIMIA that is ‘overly self-protective and defensive’.ii The Palmer Report unearthed what has laid stagnant on the surface of earlier public inquiries into the operation of the MA: an attitude within government that the powers to detain and remove unlawful non-citizens are wide and unfettered. This attitude is evident in the way in which the detention and removal powers in the MA are often exercised without due regard or concern for the individual subject to those powers. This position is unlikely to change, even if, as inquiry head Mick Palmer recommended, effective personnel and cultural change takes place within DIMIA. -
Citizen Action in Support of Asylum Seekers in Australia 2001-2006
‘I had to do something. I couldn’t do nothing!’: Citizen Action in Support of Asylum Seekers in Australia 2001-2006. Diane Gosden Thesis submitted in fulfilment of the requirements for the Degree of Doctor of Philosophy School of Social Sciences Faculty of Arts and Social Sciences University of New South Wales 2012 PLEASE TYPE THE UNIVERSITY OF NEW SOUTH WALES Thesis/Dissertation Sheet Surname or Family name: GOSDEN First name: DIANE Other name/s: MARGARET Abbreviation for degree as given in the University calendar: PhD School: School of Social Sciences Faculty: Faculty of Arts and Social Sciences Title: 'I had to do something. I couldn't do nothing!': Citizen Action in Support of Asylum Seekers in Australia 2001-2006 Abstract 350 words maximum: (PLEASE TYPE) This thesis is an examination of social action opposed to particular Australian government policies. The policies concerned are those affecting people seeking asylum without authorised entry documents. The period examined is from 2001 to 2006. It is argued that the social action contributed to the achievement of shifts in public opinion and policy during this period. The context in which this local action is examined is the international system of asylum, and the responses of developed countries to flows of incoming asylum seekers. Political rhetoric has often demonised those seeking asylum, and the term 'asylum seeker' increasingly has negative connotations for many people in developed countries. At the same time, groups of people in asylum destination countries such as Australia, have also responded with support and assistance for asylum seekers. Using ethnographic methodology and drawing on theories from refugee studies, and collective action and social movement theory, this thesis explores the nature of this particular response. -
Australia Has an Appalling History of Mismanagement of Welfare Issues Relating to People Detained in Its Immigration Centres
Macquarie Law Journal (2005) Vol 5 81 CONTRACTUALISM, EXCLUSION AND ‘MADNESS’ IN AUSTRALIA’S ‘OUTSOURCED WASTELANDS’ ∗ LYNDA CROWLEY-CYR I INTRODUCTION Australia has an appalling history of mismanagement of welfare issues relating to people detained in its immigration centres. How is this possible in the ‘lucky country’ where Australians pride themselves on mateship and giving everyone ‘a fair go’? Theories of contemporary contractualism1 offer one possible explanation. Most concepts of the state2 assume statehood involves certain functions. This article deals with the way that different facets of the state - especially its market, fortress and security facets - have fused together to manage ‘wasted lives’3 in detention centres in Australia. This fusion of the state has converted ‘illegal outsiders’ (asylum seekers and refugees) into ‘rightless’ homines sacri.4 My intention is to use contemporary contractualism as the lens through which we can consider how the state has failed to discharge its obligations to detainees under its care. Contemporary contractualism is an ideology that legitimates exclusion by limiting its process to the purchase of outputs rather than the delivery of outcomes.5 This is a ∗ LLB (QUT), LLM (JCU), James Cook University. This article is based on a paper presented at the British Criminology Conference, Leeds, 12-14 July 2005. My special thanks to Professor Paul Havemann and Carole Caple for their invaluable assistance in the development of the ideas in this article. 1 I use the term ‘contemporary contractualism’ here to refer to transactions that can appear contractual in nature but that do not necessarily draw on the principles of contract law as traditionally understood. -
Report by 15 March 2007, on the Recommendation of the Selection of Bills Committee
The Senate Standing Committee on Finance and Public Administration Human Services (Enhanced Service Delivery) Bill 2007 [Provisions] March 2007 © Commonwealth of Australia 2007 ISBN 978-0-642-71781-8 Printed by the Senate Printing Unit, Parliament House, Canberra. Senate Finance and Public Administration Committee Members Senator Brett Mason, Chair Queensland, LP Senator Michael Forshaw, Deputy Chair New South Wales, ALP Senator Carol Brown Tasmania, ALP Senator Concetta Fierravanti-Wells New South Wales, LP Senator Mitch Fifield Victoria, LP Senator Claire Moore Queensland, ALP Senator Andrew Murray Western Australia, AD Senator John Watson Tasmania, LP Substitute Member Senator Stott Despoja to replace Senator Murray for the Committee's inquiry into the provisions of the Human Services (Enhanced Service Delivery) Bill 2007 Participating Member involved in the inquiry Senator Kate Lundy Secretariat Mr Alistair Sands, Secretary Mr Terry Brown, Principal Research Officer Ms Monika Kruesmann, Principal Research Officer Ms Sharon Babyack, Estimates/Research Officer Ms Emma Hardman, Executive Assistant Ms Judith Wuest, Executive Assistant PO Box 6100 Parliament House Canberra ACT 2600 Ph: 02 6277 3540 Fax: 02 6277 5719 E-mail: [email protected] Internet: http://www.aph.gov.au/senate_fpa iii iv TABLE OF CONTENTS Membership of Committee iii Chapter 1 1 Introduction Background 1 Purpose of the bill 1 Conduct of the Inquiry 2 Acknowledgement 3 Note on references 3 Chapter 2 5 Overview of the bill Provisions of the bill 5 Chapter 3 11 Key issues -
The Rudd Government Australian Commonwealth Administration 2007–2010
The Rudd Government Australian Commonwealth Administration 2007–2010 The Rudd Government Australian Commonwealth Administration 2007–2010 Edited by Chris Aulich and Mark Evans Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/rudd_citation.html National Library of Australia Cataloguing-in-Publication entry Title: The Rudd government : Australian Commonwealth administration 2007 - 2010 / edited by Chris Aulich and Mark Evans. ISBN: 9781921862069 (pbk.) 9781921862076 (eBook) Notes: Includes bibliographical references. Subjects: Rudd, Kevin, 1957---Political and social views. Australian Labor Party. Public administration--Australia. Australia--Politics and government--2001- Other Authors/Contributors: Aulich, Chris, 1947- Evans, Mark Dr. Dewey Number: 324.29407 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by ANU E Press Illustrations by David Pope, The Canberra Times Printed by Griffin Press Funding for this monograph series has been provided by the Australia and New Zealand School of Government Research Program. This edition © 2010 ANU E Press Contents Acknowledgments . vii Contributors . ix Part I. Introduction 1 . It was the best of times; it was the worst of times . 3 Chris Aulich 2 . Issues and agendas for the term . 17 John Wanna Part II. The Institutions of Government 3 . The Australian Public Service: new agendas and reform . 35 John Halligan 4 . Continuity and change in the outer public sector . -
The Power of Activism: Creating Legal and Social Change for Children in Immigration Detention
THE POWER OF ACTIVISM: CREATING LEGAL AND SOCIAL CHANGE FOR CHILDREN IN IMMIGRATION DETENTION SANDY SANDHYA JACKSON A THESIS SUBMITTED IN FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY SYDNEY LAW SCHOOL UNIVERSITY OF SYDNEY 2020 ABSTRACT In February 2019, the Australian government announced that there were no longer any children in offshore immigration detention. The influence of the Australian refugee advocacy movement on this outcome is important to understand because of its relevance to the global refugee crisis in which children continue to be detained across the world. My thesis examines how the Australian refugee advocacy movement has tried to create legal and social change for children in immigration detention using strategic litigation and grassroots advocacy. Cases are analysed to critically evaluate the success of lawyers in the courtroom to challenge an intransigent government determined to pursue its harsh policies. The mass mobilisation of activists and their efforts to shift public and political opinion are also examined. Drawing on the wider socio‐legal literature and notably the work of McCann, the integrated legal mobilisation framework is proposed. It consists of capabilities and practical grassroots strategies, and provides an in‐depth and evidenced way of understanding the influence of the Australian refugee advocacy movement in helping to achieve the release of children from immigration detention. Data from 41 interviews from refugee advocacy groups, activists, lawyers, doctors, journalists, bureaucrats, policy advisors, and politicians are used to evaluate how the capabilities and strategies have been used by the refugee advocacy movement to help create legal and social change for children in immigration detention. -
Drivers Impelling Agencies to Digitise
The Evidence in Plain Sight: Drivers Impelling Agencies to Digitise NOVEMBER 2020 Foreword I’d like to thank Intermedium for the opportunity to sponsor this paper capturing the digital imperative for the public sector, which has been made acute by the unprecedented speed, scale and flexibility challenges of COVID-19. The drivers identified in this paper echo the feedback we are hearing from the experiences of our government customers. Salesforce is delighted to partner with both Intermedium and Government as we work towards further empowering the Australian public service to address the policy and service delivery challenges of the ‘new normal’. Barry Dietrich General Manager & Senior Vice President, Public Sector APAC, Salesforce The Evidence in Plain Sight: Drivers Impelling Agencies to Digitise | PAGE 2 Introduction 2020 is the year most of us would like to forget. Prolonged drought, horrific bushfires and floods followed by the outbreak of COVID-19 has led to estimates1 that the total level of debt under the Coalition Government will surpass $1 trillion1, creating an enduring deficit situation that will have implications for Federal and State agency administrative funding for years to come. The collective impact of this rolling wave of disasters has caused all Australian jurisdictions to rethink their business models, particularly with regard to services to citizens and businesses. The terms ‘pivot’ and ‘agility’ are now firmly embedded in the dialogue regarding the imagined post COVID-19 ‘new normal’. Front and centre of that pivot is the heightened emphasis on the digitisation of services to not only citizens, but also now to businesses. “The impact of the COVID-19 pandemic has reminded us of the increasing reliance we have on technology in our day-to- day lives. -
Inquiry Into the Circumstances of the Immigration Detention of Cornelia Rau
Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau REPORT July 2005 © Commonwealth of Australia 2005 ISBN 0-646-44945-1 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca. Inquiry into the Cornelia Rau Matter Mick Palmer AO APM GPO Box 3007 Ph: (02) 6274 7395 Canberra City ACT 2601 Fax: (02) 6274 7377 www.inquiry.com.au Email: [email protected] 6 July 2005 Senator the Hon. Amanda Vanstone Minister for Immigration and Multicultural and Indigenous Affairs Parliament House CANBERRA ACT 2600 Dear Minister I am pleased to present to you my report on the Inquiry into the Circumstances of the Immigration Detention of Cornelia Rau. The Inquiry was conducted in accordance with the terms of reference issued on 9 February 2005 and 2 May 2005. As required by the additional terms of reference of 2 May 2005, my report includes commentary and preliminary findings arising from the Examination of the Vivian Alvarez Matter. Yours sincerely MJ Palmer Principles Protection of individual liberty is at the heart of Australian democracy. When there exist powers that have the capacity to interfere with individual liberty, they should be accompanied by checks and balances sufficient to engender public confidence that those powers are being exercised with integrity. -
Chapter 1. a Failure of Public Administration?
Chapter 1. A failure of public administration? Introduction Debate in the press about the politicisation of the APS has intensified in recent years. Undoubtedly these debates are not new. As will be seen, debate about the `proper' role of the public service has continued virtually unabated since the Whitlam Government introduced ministerial advisers following its election in 1972. Nevertheless, commentators on both sides of politics have reflected on both the number and profile of recent controversies involving perceptions of public service politicisation.1 These include the `Children Overboard' affair (known to the Senate as `A Certain Maritime Incident') involving the Departments of Defence, Immigration and the Prime Minister and Cabinet; the cases of the detention of Cornelia Rau and the deportation of Vivian Solon, involving the then Department of Immigration and Multicultural and Indigenous Affairs (DIMIA);2 the payments made by the Australian Wheat Board (AWB) to the regime of Saddam Hussein in order to obtain contracts for the sale of Australian wheat to Iraq, involving the Department of Foreign Affairs and Trade (DFAT); the detention of Dr Mohamed Haneef, involving the Australian Federal Police; and the role of a senior public servant in the Employment and Workplace Relations portfolio as the face of the Howard Government's WorkChoices media campaign. Debate around most of these cases has tended, particularly in media analysis, to focus on issues of `who knew what and when'. All except the last have resulted in some form of formal inquiry.3 Each involves allegations or suppositions about the degree of direct or indirect complicity between public servants and politicians concerning the communication or management of politically sensitive information. -
Report Titled the Removal, Search for and Discovery of Ms Vivian Solon
Appendix 3 Additional information, tabled documents, and answers to questions on notice Tabled Documents Department of Immigration and Multicultural and Indigenous Affairs: • correspondence dated 14 September 2005 – answers to questions on notice from hearing on 6 September 2005 Department of Foreign Affairs and Trade: • correspondence dated 16 September 2005 – answers to questions on notice from hearing on 7 September 2005 The following were tabled (15 September 2005) with the interim report titled The removal, search for and discovery of Ms Vivian Solon: Department of Foreign Affairs and Trade (documents made public) • email dated 9 September 2003 from DFAT re call from QLD police missing persons unit • background briefing "consular in confidence" undated (2005) by Assistant Secretary, Consular Branch, DFAT • letter dated 5 May 2005 from Consul, Australian Embassy Manila to Chief Record Division, National Center for Mental Health, Mandaluyong City • letter dated 11 May 2005 from Principal Migration Officer, Australian Embassy Manila to Director, Passports Division, DFAT • letter dated 16 May 2005 from Director, Consular Operations, DFAT to First Secretary, Embassy of the Philippines, Canberra • note no. 143/05 dated 17 May 2005 from Australian Embassy Manila to the Philippines Bureau of Immigration • email dated 17 May 2005 from First Assistant Secretary, Public Diplomacy, Consular and Passports Division, DFAT re Philippines media release • case notes on Vivian Alvarez dated 18 May 2005 from Overseas Workers Welfare Administration,