Editors Bob Douglas and Jo Wodak Jo and Douglas Bob Editors Australians Essays by in Australia? notable public interest the for protects and speaks Who

Who speaks for and protects the public interest in Australia? Essays by notable Australians Editors Bob Douglas and Jo Wodak Who speaks for and protects the public interest in Australia? Essays by notable Australians

Editors Bob Douglas and Jo Wodak

Image: 5 of the 43 randomly chosen citizen jurors who deliberated for 6 days on 2014 Melbourne City Council $5 billion Budget plans Who speaks for and protects the public interest in Australia? Essays by notable Australians

Editors: Bob Douglas and Jo Wodak Published: February 2015 Australia21 Limited ABN 25 096 242 010 ACN 096 242 010 E: [email protected] W: www.australia21.org.au ISBN 978-09873991-9-9 The views expressed by the essayists are their own and do not necessarily represent those of Australia21. Design: by Paper Monkey Cover image: Angela Wylie/Fairfax Syndication

Who speaks for and protects the public interest in Australia? Contents

Foreword: Defining and defending Section 4: Indigenous futures Section 9: Fresh insights and the public interest in Australia in the public interest 35 mechanisms for protecting Bob Douglas and Jo Wodak 2 Reframing the terms of engagement the public interest 64 Section 1: Setting the scene 4 in Aboriginal affairs Patrick Dodson 36 A contribution from neuroscience and evolutionary biology How vested interests are subverting Achieving wellbeing for all through Lynne Reeder 65 the public interest John Menadue 5 reconciliation action Kerry Arabena 38 Leadership in the public interest Politics at the expense of Section 5: Refugees and Helen Sykes and David Yencken 67 the public interest John Hewson 7 asylum seekers and the public interest 40 Leading police in the public interest The problem is us Fred Chaney 9 Mick Palmer 69 What Australia’s refugee policy Neoliberalism, values and has to teach us about our (not so) The voice of the people — kitchen table the public interest Elenie Poulos 11 liberal democracy Joyce Chia 41 conversations Mark Spain 71 Arts and the public interest Lateral solutions to developing Defending the public interest Kim Williams 13 better global arrangements through community organising Section 2: Definition and for displaced people David Evans 43 Phoebe Howe 73 measurement of the public interest 15 Community organising aims Section 6: Mental health and the to win back civil society’s rightful place Reframing the notion of the right to die and the public interest 45 public interest Paul Barratt 16 Amanda Tattersall 75 Improving mental health to build Decisions by the people: Measuring the public interest a more resilient Australia Allan Fels 46 Richard Eckersley 18 Melbourne City Council’s experiment The challenging quest for Michael Green 77 Director’s duties and a right to die Marshall Perron 48 stakeholder protection Jason Maletic 20 What can we do when self-interest Section 7: Inequality, education undermines the public interest? What is involved in serving the and early childcare 50 Nicky Grigg and Steve Cork 80 public interest? Geoff Gallop 22 Inequality and the public interest What can be done to address the The meaning(s) of public David Morawetz 51 current imbalance between public interest in law Simon Rice 24 The importance of a strong state and private interests? Alex Wodak 82 Section 3: Climate and environment 26 school system Vaughan Evans 53 Engaging citizens in defining Managing climate change: It takes a nation to raise a child national progress: the ANDI project in whose interest? Graeme Pearman 27 Julia Davison 55 Mike Salvaris 84 Fossil fuel divestment as Building better relationships Section 8: Funding the a mechanism for defending across government, research and public interest 57 the public interest Charlie Wood 29 the community sectors Gemma Carey 86 The merits of an efficient Urban water stewardship Democracy flourishes when social purpose capital market in the public interest Mike Waller 31 the common good is front and Michael Traill AM 58 Managing land, water and biodiversity centre of government Mary Crooks 88 Funding the public interest in the public interest Peter Ampt 33 The case for a national Ross Buckley 60 public interest council Bob Douglas 90 Financing the federation Acknowledgements 92 Alan Morris 62 Australia21 93

Essays by notable Australians Foreword: Defining and defending the public interest in Australia Bob Douglas and Jo Wodak

Emeritus Professor Bob Douglas AO is a retired public health academic, who was a Founding Director of Australia21 and its first Chair. Jo Wodak has degrees in English literature and history and philosophy of science. She has worked extensively in education including secondary, tertiary and adult education in prisons. Until her recent retirement she worked in the strategic policy and planning section of Corrective Services NSW.

What is the public interest? How does it Australia is currently experiencing Australia21, a not for profit research differ from private interests? Who decides? a period of significant political change. company unaffiliated with any political What drives public policy? These are Both of the major political parties are party or interest group, brings together questions which many people are firmly preoccupied with economic leading thinkers from all sectors of the asking in a world that is increasingly growth and the health of the corporate Australian community to explore current dominated by a culture of materialism sector but both seem more interested evidence and develop new frameworks and self-interest both at corporate and in re-election than the courageous for understanding some of the challenges business levels and at the personal level articulation and implementation of to our future. In recent discussions the — except in those countries where just policies that will maximise public good. multidisciplinary Board of Australia21 has to survive is the overriding imperative. There has been decline in the stature identified public interest and its defence For the purposes of this discussion we of and respect for political parties and as an issue requiring a new national focus. have accepted the definition of the public for religious organisations in Australian interest as the ‘long-term welfare and society, and our culture has been altered wellbeing of the general population’. both by neoliberal economic orthodoxy and by globalisation. These trends have resulted in a substantial increase in the power and influence of multinational business corporations.

2 Who speaks for and protects the public interest in Australia? This volume of essays represents The second section of essays The 12 essays in the final section provide the starting point for this endeavour. focuses on broad questions of a range of fresh insights and proposals We invited contributions from definition and measurement, for protecting the public interest a broad cross-section of thinkers, acknowledging that both are complex largely through increased community researchers and policymakers, and multi-dimensional, and can be involvement. These include: community not with a particular outcome in mind context and purpose dependent. organising, kitchen table conversations, but as a starting point for a future Points emphasised in this section include developing alliances across non Roundtable discussion to consider the importance of sound management government groups, citizen juries, the question: ‘Who is defending the with respect to public utilities and public new efforts at dialogue, application of public interest in Australia and how can ‘goods’ such as defence, the environment the International Charter for Compassion it best be protected?’ The 39 essayists and justice, the importance of respect (for which our own Australian who accepted our invitation between political parties and with the parliament was a founding signatory!), come from diverse backgrounds. public, the importance of formulating and youth activism, new ways of looking Many have extensive experience with arguing policies on the basis of values and at the role of police as negotiators and government and policy development, evidence, and the importance of including street corner politicians, and the case including a number who are directors stakeholders in corporate responsibilities. for a new national Public Interest Council. and long-time associates of Australia21. Essays in the six sections that follow We think that each of the 39 essays The five essays in the opening section have been grouped under topic headings, warrants careful consideration by all set the scene for the 34 contributions which relate to particular fields where those who care about Australia’s future. that follow. John Menadue argues that the public interest applies. These are: The instability of recent political events lobbying power of vested interests is now ŸŸclimate change and the environment, makes it clear that the Australian distorting the operation of government at electorate is unhappy about the ŸŸIndigenous futures and the all levels and must be urgently addressed. way our democracy is practised public interest, John Hewson sees a desperate need for and the way our political parties have leadership and change in the structures ŸŸrefugees and asylum seekers, been governing. This is hardly surprising of parliamentary decision-making and ŸŸmental health and dying with dignity, given the profound changes in our social, proposes the establishment of fully ŸŸfunding the public interest, and economic and environmental systems independent policy bodies in key policy in recent times. However, it seems ŸŸearly childcare, education and inequality. areas such as tax and federation reform. clear that if we are to be resilient in Reverend Elenie Poulos says that by the face of changes ahead and if we redefining the nature of human wellbeing hope to leave our descendants a life and the progress of humanity as that in which their welfare and wellbeing which is measured in terms of limitless are protected, we need to have a new economic growth, ever increasing wealth national dialogue about the public and material prosperity, the values of interest. Bring it on, we say. neoliberalism do not serve the wellbeing of our societies but rather promote inequity and fractured social cohesion. Kim Williams speaks of the ‘infantilisation’ of Australian cultural and science policy and says that unless a different, informed, caring and activist policy stand is adopted, the inevitable result will be stagnation, declining education standards and a marked talent drain. Fred Chaney argues that while politics has become a contest to win rather than to govern well, the solution lies with us, the public. Our politicians are captured and imprisoned by what they perceive to be our demands and until we demand something different, the defects in the system will continue.

Essays by notable Australians 3 Section 1: Setting the scene

4 Who speaks for and protects the public interest in Australia? How vested interests are subverting the public interest John Menadue

In business, John Menadue AO was formerly General Manager News Ltd in Sydney and CEO of Qantas. In government he was Secretary Department of Prime Minister and Cabinet, Secretary Department of Trade and Secretary Department of Immigration and Ethnic affairs. He was also Australian Ambassador to Japan. He is now patron of the Asylum Seeker Centre in Sydney and a keen blogger. He was founding chair of the Centre for Policy Development.

There are many key public issues Lobbying has grown dramatically in ŸŸThese lobbyists encompass a range that we must address. They include recent years, particularly in Canberra. of interests including mining, clubs, climate change, growing inequality, It now represents a growing and serious hospitals, private health funds, tax avoidance, budget repair, an ageing corruption of good governance and business and hotels that have all population, lifting our productivity and the development of sound public successfully challenged government our treatment of asylum seekers. policy. In referring to the so called policy and the public interest. Just think ‘public debate’ on climate change, what the Minerals Council of Australia But our capacity to address these Professor Ross Garnaut highlighted the did to subvert public discussion on the hard issues is becoming very difficult ‘diabolical problem’ that vested interests Resources Super Profits Tax and the because of the ability of vested brought to bear on public discussion activities of Clubs Australia to thwart interests with their lobbying power on climate change. gambling reform, or the polluters over to influence governments in a quite an Emissions Trading Scheme and disproportionate way. These problems include: the Carbon Tax. With its lobbying power ŸŸThere are over 900 full time over the major parties, the hotel lobby independent lobbyists working in at the state level effectively determines Canberra, more than 30 lobbyists hotel operating hours. Violence and for every Cabinet minister. On top crime are a result. of these ‘third party’ lobbyists, there are the special interests that conduct their own lobbying, such as the Australian Pharmacy Guild.

Essays by notable Australians 5 ŸŸWith journalism under-resourced, ŸŸMany of the policy skills in Canberra ŸŸDepartments such as Health the media depends increasingly on departments have been downgraded that are so influenced by special the propaganda and promotion put and much of the policy work is now in interests should have different into the public arena by these vested the hands of young staff in ministers’ governance arrangements. interests. The Australian Centre for offices that are much more inclined The traditional minister/departmental Independent Journalism at the University to listen to vested interests. model in Health is a happy hunting of Technology Sydney found in a survey ŸŸPolicy work within the government ground for vested interests that of major metropolitan newspapers is now undertaken more in specialist significantly influence outcomes published in Australia in 2010 that organisations such as the Productivity in health. The Reserve Bank, composed 55 per cent of content was driven by Commission rather than in the of independent and professional public relations handouts from lobbyists departments. Departmental policy persons, has shown the benefit of such and their associated public relations capability has been seriously denuded. governance arrangements in keeping arms, and 24 per cent of the content vested interests at bay and promoting of those metropolitan newspapers What can be done? an informed public debate. We need had no significant journalistic input ŸŸFederal lobbyists have to be registered such an arrangement in the health whatsoever, relying heavily on with the Department of Prime Minister field particularly. public relations handouts. and Cabinet, but this is inadequate. ŸŸNo minister or senior official should ŸŸThe Media Council of Australia They should also be obliged to promptly, work with a vested interest group has drawn attention to how media publicly and accurately disclose the that they have been associated with independence is increasingly discussions and meetings they have for at least five years after retirement compromised by ‘advertorials’, had with ministers, shadow ministers or resignation. and senior public servants. a deliberate confusing of advertising ŸŸThere should be increased funding and editorial content. The Council also ŸŸA public interest impact statement to the parliament to provide alternate drew attention to trips financed by prepared by an independent and public advice in key policy areas. large corporations and organisations professional body should accompany The Parliamentary Budget Office that were not disclosed. It’s not all proposals by special interest is a good start. Independent and just travel companies that do this. groups. This public impact statement professional advisers must fill the ŸŸWith over 60 per cent of metropolitan would be attached to representations current policy vacuum. At the moment newspaper circulations in Australia, from the vested interest group. the policy vacuum is filled by special News Ltd is a major obstacle to Many of the major private consulting interests assisted in many cases by a informed debate on key public firms should be excluded from this compliant and under-resourced media. issues like climate change. process as many of them have shown ŸŸAdequate funding of the Australian ŸŸThe health ‘debate’ is really between themselves to be compromised Broadcasting Commission to assert the the Minister and the Australian Medical in the interests of their clients. public interest and develop good public Association, the Australian Pharmacy ŸŸRefuse tax benefits for ‘think tanks’ policy is now more important than ever. Guild, Medicines Australia and the like Institute of Public Affairs that are ŸŸMajor reform of election funding to stop Private Health Insurance companies. secretly funded and act as fronts powerful groups buying political favours. The debate is not with the public about for vested interests. ŸŸA federal Independent Commission health policy and strategy; it is about Against Corruption and in each state how the minister and the department to examine allegations of corruption. manage the vested interests. ŸŸCitizen Assemblies of randomly selected ŸŸThe wealthy private schools are people who are fully informed on key obstacles to needs-based funding public issues to advise governments. which is necessary for both equity and efficiency reasons. Action to assert the public interest in the face of powerful vested interests is necessary on many fronts. The problem is urgent.

6 Who speaks for and protects the public interest in Australia? Politics at the expense of the public interest John Hewson

John Hewson AM is an Australian economist, company director and a former politician. He was federal leader of the Liberal Party of Australia from 1990 to 1994

The Australian electorate is The result is poor public policy debate, Electoral choice is therefore largely increasingly disenchanted with, limited genuine structural reform, reduced to personalities, rather than and feels disenfranchised by, the two and the destruction of trust in, policies, with both sides promising major political parties, preoccupied in and accountability by, government. blue sky, making commitments that themselves, and in attempting to score So the public interest is easily sacrificed they must recognize are undeliverable, short-term political points on each other. in this process. To the extent that but cynically accepting that they will ‘Government makes a difference’, need to ‘double cross’ those bridges Politics is seen as a ‘game’, focused on it actually works to increase inequality. when they come to them. winning the daily media, significantly dominated by political ‘apparatchiks’, Elections have become a choice between While Abbott’s net satisfaction where special interests can have undue the lesser of two evils, and then having to rating has rarely, if ever, been positive, influence, and ministers have little or live with the evil of two lessers. More often Gillard/Rudd were ultimately seen no relevant qualifications or experience than not, issues and problems are simply as worse. The electorate was left in the portfolios they are appointed left to drift or, at best, are only dealt with to accept the least worse. to manage. in a cursory, short-term ‘fix’, fashion. While Abbott, for example, would Politics has become very short-term, While I don’t like labels, both parties want to believe that he won the 2013 disturbingly personal, negative, have drifted to ‘the right’, essentially election with his promises to abolish populist and opportunistic. embracing a ‘neoliberal’ approach, the carbon and mining taxes etc., and the differences between them the reality is he won because the Gone are the days when politics have narrowed dramatically. Rudd/Gillard/Rudd Governments could be thought of as a contest of were so bad, and so self-absorbed. ideas, or ideologies, or ‘values’ driven. Indeed, at times, they have been at Much of what has occurred is simply pains to argue that they are ‘just as Clearly the electorate was prepared to due to pragmatism, in the context fiscally conservative’ as the other side, just throw the ALP out, even though any of ‘small target’ political strategies, just as accepting of market realities and objective assessment of the promise whereby they simply ‘oppose’ the other disciplines as the other, just as accepting to abolish the carbon and mining taxes side, while saying or doing whatever is of privatization, open markets and would conclude that it would be against required to win, providing little detail deregulation, as the other, and so on. the public interest to do so. of the policies that will be required to deliver on commitments/promises.

Essays by notable Australians 7 Similarly, the electorate just wanted to Does it have to be a negative-sum game? punish Newman in Queensland, and Is the public interest too important to be throw out his government, even though left to the current crop of politicians? the Opposition offered virtually nothing, How can we hope to move forward? except to oppose asset sales/leasing. It would seem that there are only Are we to conclude that the debasement two options. First, Leadership, where of politics and the processes of someone, or a group, breaks out government have now blurred the of the day-to-day political mire, electorate’s understanding of the being prepared to clean up political public interest, of what is good for funding/influence/lobbying, their long-term welfare and wellbeing? and to address issues on their merit and substance, build electoral support Moreover, Abbott won with slogans for action, outline the options by way — stop the boats, fix the Budget, of a policy response, and then accept create 2 million jobs, etc — and defend a particular policy. with little or no detail as to ‘how’. Second, reform the structures Not surprisingly, he has found it very and processes of government to difficult to make the transition from effectively remove politicians and Opposition, where he could rule with politics from key decision-making. the politics of negativity and character There is a range of options here, assassination, to government, spreading from parliamentary reform where the emphasis is more on policy, including, importantly, an enhancement of solutions, and governing. the role and significance of parliamentary Is the electorate now learning what committees, and public consultation, price was paid in terms of the public on key issues and legislation, through to interest just ‘to get rid of that other lot’? the establishment of fully independent policy bodies in key policy areas, such as But, what choice do they really have, tax and federation reform. when neither side seems to understand, value, and intend to govern, in the As was done with the establishment public interest? of an independent Reserve Bank, because interest rates and the exchange One answer is, of course, with rate were too important to be left to compulsory voting, to vote for minor Cabinet political, decision-making. parties and independents, but the recent experience with the Senate would As ironic as it must sound, we need suggest that they too slip so easily into an ‘anti-politics’ movement. We need negativity, simply opposing everything. people to focus on the ‘public interest’, as hard as that is to specify. But, the people are ‘the boss’, yet they don’t necessarily focus on, or understand, what is in their longer-term interests. The gap is leadership.

8 Who speaks for and protects the public interest in Australia? The problem is us Fred Chaney

The Hon Fred Chaney AO was a lawyer and a politician from 1974 to 1993. He served in the Fraser government including as Minister for Aboriginal Affairs. He became Senior Australian of the Year in 2014 in recognition of his commitment to reconciliation and human rights.

Over many years I have been indebted to In the past, political parties were the However, obsessed as I am at present by Ian Marsh and others more academically sorting mechanism for issues seeking the need to stop writing cheques on our able than I for their accounts of attention. The parties were broadly children’s futures, I was puzzling how the fragmentation of democratic based in the community and occupied to address what I regarded as a worthy politics here and in like democracies. understood segments of political thought and committed audience in the face of The simplicity of the socialist versus — socialist or anti socialist perhaps. my belief that some of their demands private enterprise of the past has They fought elections from their went beyond what is currently possible. been replaced. The one-time monopoly understood ground, a broad theory Fortunately Bob saved me. He chose to of the major parties has gone, splintered on how the country is best governed. quote one of JFK’s great lines: ‘Ask not by interest group politics. Single-minded They won some and lost some. what your country will do for you, ask political support can be garnered around what you can do for your country.’ The difficulty in getting a focus on the issues such as gender, the environment, I was able to use that theme to suggest broad interest rather than the particular human rights, free markets, nuclear that we older Australians might bring interest was brought home to me recently issues, race and culture. All of these our accumulated wisdom to bear on when I was asked to address a meeting of and more attract passionate devotees national issues and speak and act beyond the Western Australian state branch of the who will judge a government on their our self-interest. As far as I could tell the Australian Council of the Ageing (ACOTA). single issue and vote accordingly. In the idea was well received. We all like to think This is an organisation I had engaged context of the recent Senate elections we have accumulated some wisdom and with and came to respect during my long this has become close to absurd with like to serve others. ago term as Minister for Social Security the Sex Party and the Motorists Party (1980–83). The meeting was chaired As a reasonably long serving politician, on offer and some, campaigning on by another retired politician, one I know 1974 to 1983, it might seem surprising I do a single issue, finding their way into the and respect, Bob Kucera. not expect refreshed leadership about the parliament (though ironically Ricky Muir, public interest to come from politicians. the Motorist Party representative Bob was giving his farewell address In this truly democratic country they are elected to the Senate, seems one of as retiring president, in the course of our servants rather than our masters. the more reasonable voices in the which he listed — as you would expect current parliament). — the current wish list of my generation, older Australians. Everything on the list involved additional government expenditure. It was a legitimate wish list and included what I thought was a very high need item, assistance for the homeless pensioner. This was a voice entitled to be heard.

Essays by notable Australians 9 The political process has been Years ago, when I was Opposition professionalised. This has impacted on spokesman on Environment those who serve. The contest is about (1990–93), the most convincing winning the competition at election time document I came across was the rather than governing well. The need to United Nations commissioned report master the game of politics has removed ‘Our Common Future’. Produced by much of the political class from focussing 33 countries ranging from the richest on community reality and what the to the poorest and under the chairing of whole community needs. The game, Gro Brundtland, it analysed the problems like the media, focuses on politics rather and solutions taking into account than governing well. Serving politicians environmental and economic, including stand or fall on winning the game, and poverty, issues. It sticks in my mind as the game includes knowing the interest a shining example of understanding groups and buying them off if that is and accepting that issues are complex the price of election. and difficult and do not admit to winner takes all approaches. This will continue until the community wants something different and is A problem with claiming to know the prepared to vote for something different. public interest is that views will differ Can the community be brought to put as to what is in the public interest. immediate sectional self-interest aside I, for example, believe it is in the national and support the public rather than the interest to have the budget in balance sectional interest? over any reasonable period. Currently that means serious attention to reorganising The problem, like the solution, the budget on both the income and therefore lies as much with what expenditure side. Some would disagree. is outside politics and government But if there is a broad understanding as what is inside. Can the powerful that the people of Australia can’t representative voices such the Business pay themselves more than Australia Council of Australia, the Chamber of produces, can we agree on how we Commerce and Industry, the Small fairly share what the country produces Business Association, the Australian rather than borrowing from the next and Council of Trade Unions, the Australian future generations? Can we agree how Council of Social Services, the Australian that might be done? In 2015 I see this Council of the Ageing, the Australian as a key challenge to all of us and a test Council for Rehabilitation of the of whether we give a damn about the Disabled, the Australian Conservation public interest. Could we find across the Foundation, Greenpeace and so on be sort of interest groups mentioned above brought to support decisions made a shared view on the need for budget for the broad rather than the narrow reorganisation and what choices we interest? Will they countenance making have to make? compromises of the sort governments must if the public interest is to be served? If such powerful community voices are not up to this challenge it is not surprising the politicians are not either. We elect them, they do not elect us. They are neither better nor worse than us, just captured and imprisoned by our demands.

10 Who speaks for and protects the public interest in Australia? Neoliberalism, values and the public interest Elenie Poulos

Reverend Elenie Poulos is the National Director of UnitingJustice Australia, the justice policy and advocacy unit of the Uniting Church in Australia’s national council, the Assembly. She is the Church’s lead spokesperson on human rights, social justice and environmental issues. Elenie is past Chair and member of the Commission of Act for Peace (the aid agency of the National Council of Churches in Australia), founding Chair and member of the Board of the Australian Churches Refugee Taskforce, non-executive Director of ANDI (the project to develop a national wellbeing index for Australia) and a member of the World Council of Churches’ advisory group, the Commission of the Churches on International Affairs. She is doctoral student at Macquarie University, researching in the area of religion, politics and human rights.

Since the beginning of historical records, We have redefined the nature of out to the big, the strong and the global. humans have pursued wealth and the human wellbeing and the progress of Rampant market-driven consumerism, power it affords, but only relatively humanity as that which is measured without which the empire would collapse, recently has the world itself become in terms of limitless economic growth, is privileging the individual, usually organised around the service of ever-increasing wealth and material known as ‘the consumer’, over the that wealth. The systems and structures prosperity. We make decisions based on community and the corporation over which define the way our world works what is good for ‘the economy’ as if it the nation (witness the impending and are financial, geared to the making of was a living thing and not merely a tool secretively negotiated Trans-Pacific profit, and they are global, buoyed by intended to serve the needs of people Partnership Agreement which threatens governments whose domestic and and the planet. to grant foreign corporations the right foreign policies ensure the continued to sue governments for policies and Capital and the market are now the growth and maintenance of what has laws that adversely affect their profits whizzing hub of society and politics. become the most powerful ‘empire’ regardless of the good those laws do Almost every aspect of life is being of our times. for the population or the environment). commodified, counted, measured and Rapacious greed is all too often rewarded assessed according to its economic value. (bank bailouts following the Global The culture of competition on which this Financial Crisis spring to mind), policies global economic empire is built is seeing that promote equity, social justice, the small, the weak and the local losing

Essays by notable Australians 11 human wellbeing and environmental In a context where ‘social good’ The public interest, on the other responsibility are discouraged, and we are or the ‘common good’ is assumed to hand, when well served, will promote suffocating ourselves and the planet with be economic neoliberalism, what’s in a decent society, where people care an immovable commitment to continual the ‘public interest’ becomes whatever about each other, celebrate diversity growth fired by fossil fuels. advances the neoliberal economic and welcome strangers. A commitment agenda. And for the powerful servants of to the public interest will see us working This empire is colonising every field of neoliberalism it becomes a most useful together to nurture a vibrant and robust human life and endeavour. Think about piece of rhetoric — one cannot argue democracy in which all can participate. how education is now part of the with a policy that is in the ‘public interest’. We will not be swayed by fear to support ‘productivity’ agenda in this country and Policy reforms which arise from a policies that punish, harm or exclude. how essential services such as electricity, different set of values — equity, justice, We won’t allow the planet and all healthcare, employment services and generosity, cooperation, community, the life it supports, including future prisons are delivered for profit. compassion, empathy — and respect generations, to be jeopardised by our All of this is happening in the name of for the environment and the dignity of short-term greed. We’ll care about a ‘healthy economy’ and the values that every person, are derided as ‘idealistic’, how all people experience life everyday lie beneath this particular version of ‘soft’, ‘ignorant’ and ‘socialist’ (and we — those who are homeless, or living ‘the economy’, the values of neoliberalism all know how that turned out!). They are with a disability or a mental illness or — greed, individualism, materialism, often described as being the outcome intergenerational disadvantage. We’ll competition and consumerism — of sectoral or minority concerns and care about the effects on individuals, remain mostly hidden and unspoken. therefore not in ‘the public interest’. families and communities of domestic The power of the neoliberal agenda violence or the violence of colonialism The concerns of groups and individuals lies in a few prevailing mythologies and dispossession. We’ll be committed who are marginalised in society, (created and perpetuated by those to ensuring that all people can flourish who struggle to be seen let alone have with power — the ‘winners’) that have regardless of any of these things. their voices heard, are exactly those we captured (imprisoned) our imaginations. And we’ll demand of our politicians must listen to if we are truly interested One is that everyone will benefit — leadership that inspires us to be open, in policy reform in the public interest. eventually. Another is that our economic generous, creative and bold and that It is only by allowing ourselves to be system is values-neutral — it’s just delivers public policy that consistently confronted by those who suffer as a what works; it is the only possible way. and genuinely serves the public interest, result of the way things are, that we will for the good of us all and the future of The Jesuit public theologian, understand what truly is in the public the planet. David Hollenbach, wrote in his book interest. For the values of neoliberalism The Global Face of Public Faith that do not serve the wellbeing of our ‘public policy should reflect the cultural societies. They promote inequity, breed consensus about the social good’. This is isolation and fracture social cohesion. what the ‘public interest’ is — that which promotes the long-term wellbeing of people and the planet that we depend on.

12 Who speaks for and protects the public interest in Australia? Arts and the public interest Kim Williams

Kim Williams AM has had a long involvement in arts, entertainment and media industries here and overseas and held various executive leadership positions including as Chief Executive at each of News Corp Australia, FOXTEL, Fox Studios Australia, the Australian Film Commission, Southern Star Entertainment and Musica Viva Australia and as a senior executive at the ABC. He has held numerous Board positions and Chairmanships in commercial and public life over more than three decades including as Chairman of the Australian Film Finance Corporation which he founded in 1988, Chairman of the Sydney Symphony Orchestra, Chairman of Musica Viva Australia, and most recently Chairman of the Sydney Opera House Trust from 2005 until 2013.

Our society is increasingly governed ŸŸpoliticians and their bureaucracies These forces are readily apparent in the by characteristics that are profoundly increasingly debasing, through neglect two arenas that celebrate and empower unhelpful to, indeed destructive of, and disengagement, creativity and creativity and innovation like no other improvement and clear direction in intellect as the vital crucibles of the — the arts and pure science. Support has national public policy formulation. national future; declined, policies are malformed on the Consequently that much abused term ŸŸmedia often being unable to disconnect altar of populism and ‘dumbing down’ the public interest is serially disrespected. discussion of science and the arts and to an ever-lower common denominator, and short-term devotion rules the policy These dangerous trends with manifest their centrality to national expression and resourcing day. This is allied with impact on policy formulation are seen and innovation from rigid ideological a fearsome trend that denies and rejects particularly in: positions and/or populist ranting; and considered knowledge-based debate, ŸŸour society adopting the perilous course ŸŸmoney being treated as the measure of replacing it with dogmatic assertion. value in all things rather than as one of of celebrating the anti-intellectual many measures; and the triumph of ‘general ignorance’ over considered respectful debate which aims to test ideas and assumptions so as to arrive at evidence-supported outcomes.

Essays by notable Australians 13 I would describe this process as the There are so many examples that It is essential that we respect our duty of ’infantilisation’ of Australian cultural demonstrate this era of passive intergenerational care and acknowledge and science policy. Unless a different, neglect that I could never summarise the need for national ground-up policy informed, caring and activist policy stand them adequately in this short space. (and allied resourcing) review to ensure is adopted, the inevitable result will be However they are changing the a healthy, vibrant and dynamic creative stagnation, declining education standards aspiration and goals of our creators landscape that is equally innovative, and a marked talent drain. Without early and that is profoundly unhealthy. connected, ambitious and challenging. correction we will have a poorer society For a vulnerable small country there is The internet and digital technology and it will become ever harder to rebound. no future in being bland! We need bold generally have changed forever The Australian Labor Party has an arts confident national futures, which only the nature of information access, policy (no doubt well intentioned) that come from ground-plan policy review exchange and the direction of society tries to accommodate all comers — and the ambition it adopts. through politics, commerce, creativity, as a result it has little durable essence education and communication in life Across the arts it is imperative or meaning other than providing a recital as we know it. These technologies that stakeholders work together to of modern clichés. The federal Coalition are indifferent to national boundaries, fashion a fresh positively integrated has no published arts policy at all. None. laws and controls, overriding borders policy approach, one which I would contend that in this century and negating their relevance and power recognises this radically changed a society that loses contact with and to control transactions of all sorts. operating environment. Hopefully the commitment to respecting, celebrating Continuing fragmentation is guaranteed creative community itself will seize and appropriately resourcing pure — the ferocity of attack and the velocity the day and drive a program for lasting science and the arts across many of change will not abate. It is vitally reform that addresses issues holistically domains will decay. Science clearly has important for a nation with limited power and doesn’t repeat the present cycle of been in evident decline in Australia for like Australia to better understand and dreary 20th century policy recitals. way too long. Maths and science streams manage within this ‘new normal’. The failure of political agendas in in schools have seen alarming declines Merit, ingenuity, speed, flexibility and creative life is, I suggest, our collective in normative performance levels and performance increasingly rule the day. failure. The absence of fresh approaches current policy and funding priorities Australia is losing in this process and it is which are both relevant and compelling are making the direction of scientific losing because of national policy failure. reflects a failure to renovate thinking in research increasingly dysfunctional. The urgency of public policy renewal in working settings which are all too often The three word slogan rules policy education and the arts is impossible to in a time capsule — frozen in space and formulation. Needs analyses with careful over emphasise. time from three, even four decades ago delineation of defined priorities, backed We are a small country at ‘the bottom in their policy, regulatory, financial and by durable tested action and refinement, of the world’ (notwithstanding the industrial frameworks. are distant memories. internet) with many parochial pillars that, The disturbing absence of effective Our performing arts, galleries and whilst they may be ‘cheerful’ to some, action has seen our political museums, and the education system are venomous to national ambition and culture descend into an era of petty central to their health, are in real decline. achievement. An English-speaking nation sloganeering and serial passive neglect Resourcing is compromised and no of a mere 23 million is either profoundly of the vital creative foundations for longer a priority. We see performing arts advantaged or potentially disabled as a confident national future. We must centres and companies, and museums a result almost entirely of its public policy seize the day, engaging and advocating and galleries, constantly having to confine settings and the outcomes they achieve persuasively for that which we care about, and contain the innovation and renewal and reflect. persuading commentators and decision in thinking so central to their vitality. makers as to policies where creativity and All too often they are consumed with intellectual property production provide writing tenders for survival. Theatre and bedrock for relevant national agendas music companies have little room for truly reflecting long-term public interest. experimentation as the financial stakes are so finely balanced. Film and television drama and documentary also have severe issues that demand serious change from education onwards.

14 Who speaks for and protects the public interest in Australia? Section 2: Definition and measurement of the public interest

Essays by notable Australians 15 Reframing the notion of the public interest Paul Barratt

Paul Barratt AO is a founding director of Australia21, and its current Chair. He spent most of his career in the Commonwealth Public Service, mainly in areas relating to resources, energy and international trade, culminating in appointments as Secretary to the Departments of Primary Industries and Energy (1996–98) and Defence (1998–99). He now runs his own consulting business. He has an Honours Degree in Physics from the University of New England and an Arts Degree (Asian Civilisation and Economics) from the Australian National University.

The Australian body politic desperately The answers to those questions are very (it is not possible to make them needs to reframe its concept of the unlikely to have anything to do with the available to some while excluding public interest, and conduct its political public interest, because the public interest others). ‘Goods’ which fall into this processes on the basis of this reframing. is not the same as the sum of the private category include national defence, I am not referring to the specific content interests of a relatively small number of environmental quality, fresh air, of the public interest which will vary from voters in a small number of electorates. knowledge, and the dispensation political party to political party and from Indeed, the public interest is not even the of justice. To a reasonable approximation, time to time. What I am referring to is the sum of the private interests of all voters and in the absence of congestion very idea of how the public interest might — it is a different notion altogether, effects, network infrastructure be conceived — what is this thing called a notion of ‘the common good’. (transport, communications, electricity, ‘the public interest’? water and gas) has many of the Accordingly, the public interest must characteristics of public goods. The public interest will be connected only be constructed from some notion of incidentally if at all with the interests of policy directed to the welfare/wellbeing This latter category introduces another the governing party, which will mainly be (broadly defined) of the general public. reason for governmental attention to do with retaining power. In the current pursuant to the public interest, It can be expected that a government era of professionalised (and constant) namely market failure due to the presence genuinely concerned about the public campaigning, the focus of the parties of ‘externalities’ — the people making interest will direct a high proportion of is on three questions — which are the the investments in them cannot capture its time to what economists call ‘public marginal electorates in which we need all the benefits of that investment and goods’. Economists define ‘public goods’ to win in order to win the next election, so will tend to under-invest. An obvious as those which are ‘non-rivalrous’ (one who within those electorates might be example of this is the fact that person’s consumption of them does persuadable to our point of view, and investments in transport infrastructure not reduce the capacity of another to what do we need to do to get them to add to the value of adjacent land, but none consume them) and ‘non-excludable’ come on board? of that value flows to a private investor.

16 Who speaks for and protects the public interest in Australia? The same applies to research and of us know it. A government which Third, government throughout Australia development and, I would argue, respects the public which voted it in needs to be conducted on the basis of education at all levels: not all of the and pays the taxes which enable it to what in the European Union context is benefits of education flow to the function will recognise and respect the known as the ‘principle of subsidiarity’. person undertaking the education. public’s right to know everything that This is the principle that all matters Society is not and cannot be is going on, with the exception only should be dealt with by the lowest level indifferent to what its citizens know, of those things which if known would of government that is competent to deal what skills they have, what values they have a material negative impact on with them. The Commonwealth likes to have imbibed, nor how many doctors, the public interest (e.g. information involve itself in matters like road funding, engineers, lawyers and teachers we have. properly given a national security but except in the case of trunk routes of classification, information relating genuinely national significance, these and At least three criteria need to be fulfilled to police investigations, information a host of other matters can safely be left if we are to reasonably approximate impacting on the privacy of individuals). to the states. a return to conducting our politics Its spokespeople will give meaningful with due regard to the public interest. We get the governments we deserve, answers to legitimate questions, and it is said. If we want things to improve, First there is the requirement for if they are not prepared to answer the the Australian public will need to be politicians to treat each other and the question they will come right out and much more vigilant and demanding voting public with respect. The latter say so, and why, rather than ducking about our political processes. means by definition treating journalists and weaving and giving an obfuscatory They will need to insist that our elected with respect, for it is through the answer to a question that hasn’t representatives from all parties conduct activities of journalists asking probing been asked. themselves with dignity and decorum questions that the public acquires the The second criterion is that policies in our federal parliament, that policy knowledge that keeps them informed and submitted to the parliament and the and legislation be directed to the public able to make informed choices, and helps public should be based on evidence. interest rather than the interests of the to keep governments accountable. Some object to calls for ‘evidence-based swinging voter, that policy be directed This means abandoning the policy’ on the spurious ground that under to matters for which the relevant approach embodied in the media such an approach the government is level of government is responsible, training courses which have flourished disempowered from doing anything that it be based on the best evidence over the last 20 years and been if irrefutable evidence in support of that is available and the case for it reinforced by governments’ media its policy is not available. This is not argued by reference to that evidence, advisers, the courses that counsel what it means at all. Evidence-based that parliamentary debates be about spokespeople to respond to any policy means basing policy on the best the substance of the important issues question by reciting an inane and boring evidence that is available — on the before the parliament rather than memorised set of bullet points which state of human knowledge as it exists an occasion for hurling abuse across praises the government and refers at the time. Above all, the principle the chamber, and that the public’s repetitively to the mess left behind rules out policy that flies in the face of right to know be fully respected. by the government’s predecessor, the evidence. If policy is not founded but does not address the question. upon what we know, it is not possible On the all too rare occasions when the to conduct a rational debate about it, journalist pushes for an answer to the and people, whether in parliament or question, the formulaic response is in the wider community, cannot bring recited again. To resort to the vernacular, to the debate what they know. this is taking us all for mugs, and most

Essays by notable Australians 17 Measuring the public interest Richard Eckersley

Richard Eckersley AM is an independent researcher and a founding director of Australia21. His work explores progress and wellbeing, and includes: measures of national progress; the relationships between economic growth, quality of life and sustainability; the social and cultural determinants of health and happiness; visions of the future; and young people and their world. He trained as a zoologist and has held positions with The Sydney Morning Herald, CSIRO Australia, the Commission for the Future, the Australian government and the Australian National University.

The public interest is not On many specific issues that bear on The public interest has to be addressed at simple or obvious, but complex the public interest, the evidence is different levels or depths, acknowledging and multidimensional. contested and opinion is divided, often that societies are ‘complex adaptive increasingly so. What’s more, we can’t systems’ made up of many elements that If we take the definition, adopted in serve the public interest by ‘picking off’ interact in often multiple, diffuse ways, this volume, that the public interest is issues and policies one by one, whether and whose behaviour emerges from the long-term welfare and wellbeing these concern healthcare, education, the way the whole system functions — of the general population, how do we drugs and crime, poverty and inequality, in other words, the whole is more than know what contributes to this goal, or climate change. Although such efforts the sum of its parts. We can’t look at it or how best to achieve it? can sometimes succeed, issues and piece by piece and expect to understand the policies to address them are linked and control it, which is what we tend to to deeper questions of ideologies and do in both science and politics. worldviews and the values these embody.

18 Who speaks for and protects the public interest in Australia? Take the very topical example of the Global surveys by the Pew Research Put another way, people’s perceptions ‘je suis Charlie’ phenomenon in the Center in 2014 found that life satisfaction of their interest, and their welfare, wake of the terrorist attack on staff of rose strongly in emerging economies can vary with the context in which these the French satirical magazine Charlie such as China, India and Brazil between are considered. Framed within orthodox Hebdo. The ‘official story’ is that this was 2007 and 2014, almost closing the political priorities, people endorse the a legitimate expression of defiance and gap between them and advanced status quo. Widen their perspective solidarity in defence of western values, economies (where life satisfaction to consider preferred ways of living, notably freedom. But among other levels changed little); it also rose in poorer, and their view shifts — radically. of meaning associated with the event is developing economies. Life satisfaction Politics and the media define quite that western governments — whether increased more in those countries with arbitrarily what warrants debate wittingly or not — are milking the attack higher rates of economic growth. In most and discussion. Much that is important (and other similar events) because it countries majorities agreed most people is excluded. American communication distracts both them and the people were better off in a free-market economy, theorist Daniel Hallin distinguished from the host of environmental, social, even if some people were rich and between three spheres of political cultural and economic problems they some poor. People the world over seem debate: the sphere of consensus, are unwilling or unable to fix. satisfied with the way things are going. the sphere of legitimate controversy, Democracy — the political expression of Yet other research paints a very and the sphere of deviance. Only matters public interest — is waning as power is different picture. Most people in the falling within the second sphere gain ceded to other, non-democratic bodies, developed world do not think quality of attention. (A similar thing happens in notably global corporations, and as the life is getting better, and many think it science, where established paradigms challenges facing democracy reach is getting worse. Studies across many or theories set the research questions a scale and magnitude that are beyond countries consistently reveal concerns worth studying.) its capacity to resolve (climate change about the pace of life, loss of community, At this fundamental level, then, acting is both a real example and a symbol of family conflict and breakdown, growing in the public interest requires us to this). With terrorism, governments can social inequality and division, crime strive in every possible way through act decisively, even heroically. But in and violence, rampant consumerism, discussion and action, not just in politics responding this way, in magnifying the and destruction of the natural and the media but also in science, significance of the events, they play into environment. People’s preferred futures education, law and religion, to expand the terrorists’ hands. As in George Orwell’s emphasise close-knit communities, the sphere of legitimate controversy 1984, we seem now to be at perpetual more conviviality and intimacy, to encompass more of the sphere war, which justifies authoritarian control social harmony, human-scale of consensus — what is understood and keeps populations compliant. settlements and technologies, to be broadly agreed and accepted and a clean, healthy environment. Beyond the world of our personal — and the sphere of deviance — what experience, we rely on indicators to define In a 2005 survey Australians were is judged to be unworthy, ridiculous or what is in our interest; amongst these asked about two scenarios for dangerous. This larger agenda includes are how we measure human progress the nation’s future: a fast-paced, the assumptions, beliefs and values and development. The orthodox indices internationally competitive society, that underpin modernisation, including and indicators, notably increasing per with the emphasis on the individual, western culturalisation and material capita Gross Domestic Product (GDP), wealth generation and enjoying ‘the good progress. Anything less is not enough. place western liberal democracies at life’; or a greener, more stable society, the top of the international rankings. with the emphasis on cooperation, This model equates progress with community and family, more equal modernisation. Broadly speaking, distribution of wealth, and greater the indicators measure the benefits economic self-sufficiency (these are not of modernisation, but not its costs the full scenarios). Almost three quarters (setting aside indicators of environmental (73 per cent) expected the first; almost all impacts). Even the current vogue (93 per cent) preferred the second. for measuring life satisfaction and happiness fails in this regard.

Essays by notable Australians 19 Director’s duties and stakeholder protection Jason Maletic

Jason is currently a Senior Advisor with Mills Oakley Lawyers in Melbourne. He has formerly held senior positions at Macquarie Group and Westpac. He is the Deputy Chair of the Royal Children’s Hospital (Victoria) Bioethics Development Board and a past Director of Brainlink Services Ltd. He is a Director of Australia21.

Corporate governance theory suggests The term ‘stakeholder’ here is At law, the statute governing the that the primary duty of directors is to typically defined as ‘a person, group or conduct of corporations in Australia is maximise shareholder value. Simply put, organisation with interest or concern the Corporations Act 2001 (Cth) (the ‘Act’). this means that directors should be in an organisation’, although modern The Act prescriptively sets out the rules concerned with increasing and sustaining theories extend this to include the governing the conduct of directors and corporate profit. Whether directors’ broader community, government and the subsequent duties owed by them duties can be extended both practically other associations. Generally speaking, to the corporation. As such, directors and at law to considerations of social, directors’ duties are owed to the are required to discharge their economic and environmental impact corporation and not to individual duties with care and diligence and is a point of debate. shareholders or other stakeholders, in the interests of the company at however one interpretation of the the exclusion of personal or third Central to this debate is the concept term ‘interests’ lends support for party interests. of ‘stakeholder theory’ that posits that the argument that a breach of duty by a corporation concerned solely with a director might also affect shareholders’ enduring profitability is failing in its interests. If the argument in favour of duty if it fails to consider issues beyond broader shareholder interests is plausible, merely the concentration of shareholder then it is not too much of a leap of faith wealth. Indeed, corporate-social to extend the position to include the responsibility has been described as standing of other stakeholders. the corporation’s ability to successfully ‘consider, manage and balance’ these issues in its decision-making.

20 Who speaks for and protects the public interest in Australia? The Australian Court has historically been As the court’s exercise of jurisdiction In conclusion, the primary duty of reluctant to draw specific conclusions under s 1324 is a statutory jurisdiction, company directors is to act in the regarding the extent to which company it is not bound by a traditional equitable company’s best interests. The provisions directors owe independent duties jurisdiction. This means that the court contained under s 1324 of the Act to persons other than shareholders. is allowed to consider policy objectives permit stakeholders to seek remedy Despite suggestions of ‘public policy’ of statute, specifically the Act and for actions where it can be shown that or ‘commercial morality’ in certain the ASIC Act: their interests have been compromised sections of the Act, the Court has by the conduct (or lack of performance) The question for the Court’s found little basis to intervene in matters of directors of a company. However the determination in an application for deemed to be corporate matters and Court has generally shown a reluctance an injunction under s 1324(4) CA [is] for the consideration of directors. to find standing for stakeholders when whether the injunction would have some In short, the Court is ‘not concerned relying on this provision. utility or serve some purpose within the with any ulterior purpose for which’ contemplation of the Corporations Act, By reason it stands that stakeholders certain decisions are made. However, will only be afforded protection insofar in more recent times the Court has shown where that utility or purpose might be: as their interests are aligned with the a willingness to expand its interpretation to protect the public against a real risk company. It is therefore difficult to of the term ‘interests’ and who may have of wrongdoing by a person whom it has reconcile equal standing between standing under the Act. The following are been shown has a propensity to engage the company and a stakeholder, extracts from recent court judgments in contravening conduct (circumstances as inherent in this reasoning is a (details available from the author): in which equity would grant an injunction); conditional outcome for stakeholder The interests referred to in this protection upon mutual interest. or subsection [referring to s 1324 of the Act] This is problematic — stakeholders are interests of any person (which includes to mark the Court’s and the community’s are either protected, or they are not. a corporation) which go beyond the mere disapproval of certain types of conduct The Court’s reluctance to find protection interests of a member of the public. It is and to deter other potential wrongdoers in favour of stakeholders implies that not necessary that personal rights of (circumstances in which equity would stakeholder protection is little more a proprietary nature or rights analogous not ordinarily grant an injunction). than a theoretical provision, unless the thereto are or may be affected nor need Whilst there is debate as to whether interests of a stakeholder are shown to be it be shown that any special injury arising such case law grants an extension of aligned with the interests of the company. from a breach of the Act has occurred. duties owed to persons beyond the To quote Noel Purcell in a speech given The concept of interests is introduced corporation, if the Act does contain an to the National Business Leaders Forum at s 1324 of the Act, which gives power implied protection for stakeholders the in 2006: to the Court to grant injunctions on consequences for almost every aspect of Moral capitalism simply means not the application by any person whose the corporation’s dealings are significant trampling on the interests of others in the ‘interests’ are deemed to have been — suggesting that stakeholder interests pursuit of corporate interests. It involves (or would be) affected by certain forms must be taken into consideration in corporations being concerned with of conduct. Here, ‘interests’ refer to the the application of the Act. Ultimately, the principles of right and wrong and interests of any person (including that of such interpretation would affect all conforming to standards of behaviour a corporation) that extend beyond the decision-making of the board. and character based on those principles. mere interest of a member of the public.

Essays by notable Australians 21 What is involved in serving the public interest? Geoff Gallop

Professor Geoff Gallop AC is currently Director of the Graduate School of Government at the University of Sydney. He was a member of the Western Australian Legislative Assembly from 1986 to 2006 and Premier of Western Australia from 2001 to 2006. He was Deputy Chair of the Council of Australian Governments (COAG) Reform Council (2007–11), Chair of the Australia Awards Board (2011–13) and Member of the National Health and Hospitals Reform Commission (2008–09).

All of us who are or have been involved Let’s start with the question of democracy However, this begs a number of questions in government know about the public and the accountability relationship about system and content: Which voting interest. It is what we pledge to serve between government and the people. system are we to use? Will we have one whether we work in local, state or This is a good starting point as it is not or two legislative chambers? Will we national government. It is both a possible to talk about ‘the public interest’ adopt a presidential or parliamentary value and a duty. It is about process without talking about ‘the people’. model of government? What about and outcome. It applies to both On this account it is an election that is the rights and interests of minorities? elected and non-elected officials and the key and through it the majority can What about the value we place on according to the Organization of Economic have their views about the public interest that which we inherit from the past? Co-operation and Development (OECD) translated into policy. In other words, What about the interests of the future it is ‘the fundamental mission of if elections are fair and free the public generations and, indeed, of the natural government and public institutions’. interest is what the majority wants. environment we all share? How do we However, do we know enough about weigh up economic alongside social what it means for our day-to-day work? and environmental considerations? Have we really embraced it as a governing principle or do we simply use it as a form of rhetorical justification in the day-to-day battles of politics?

22 Who speaks for and protects the public interest in Australia? Taking the public interest seriously All too often, however, those with Being an elected or non-elected requires decision-makers to be the responsibility to decide find official in government poses particular concerned with both processes themselves in a world of individual challenges. Have I done all that I can to (how we make decisions) and content and sectional interests hungry ensure that these questions are being (what decisions we make). It is an for attention, colleagues not all of asked as part of the normal operations of aspiration to find that mix of policy whom share the faith and media government? This is a personal and not that best represents the interests of the pressures for super-quick responses. just a political question. Try as we might whole community and the evidence tells Economic and political power isn’t but there is no escape from personal us that the following elements are well distributed equally throughout our responsibility. This takes us into the designed to help: community and preserving our territory of “conflicts of interests”. We ŸŸengaging with the people not just heritage and protecting our future all have interests and connections be through representative and but can be particularly difficult. What this they individual, family or community. also through more direct forms illustrates, however, is that the public In the case of politics it is very much of democracy such as citizens’ interest does mean something. It is the defence and development of these assemblies and citizens’ juries, a powerful call to arms in a less than interests and connections that leads to perfect world. Have we properly the formation of factions and parties and ŸŸcreating a culture of human involved the public? Are we respecting is often the motivation for a person to rights and liberties to combat the rights and interests of all? Have the stand for election. Even in bureaucracies the “tyranny of the majority”, solutions we propose been properly there are interests and connections in ŸŸincorporating appropriate checks researched and adequately consulted? respect of occupation and organization. and balances into law making Are we protecting or undermining the Public servants are naturally defensive of and government, historical and environmental foundations the roles they play and the agencies within ŸŸusing the most up-to-date results of of human existence? How sustainable which they work. They are the custodians research to inform decision-making, are the policies and programs we of continuity and often the creators of ŸŸadopting strategic planning as propose? Are we too focused on departmental silos. Quite often corners a method of governing, economic growth and not enough are cut or sails trimmed to satisfy their on wellbeing? political masters. ŸŸencouraging devolution and decentralization of decision-making, Consequently many jurisdictions ŸŸincorporating the sustainability have now developed institutions and principle (meeting the needs of current codes of conduct to assist those in and future generations through decision-making positions. These codes an integration of environmental are not just guides for those involved, protection, social advancement and but reference points for agencies set up economic prosperity) into all aspects to investigate and report upon claims of of government policy-making, and improper and corrupt behaviour. As sad as it is, maintaining the public interest ŸŸpromoting a shared and inclusive is no longer just about self-awareness, understanding of history. it is also about external supervision. The public interest, then, is indispensable as benchmark and guide and it provides just the right intellectual and political discipline needed in a world being destabilised by climate change, jihadism and economic crisis. It requires us to think about means as well as ends. It broadens our understanding of what interests matter and takes us into the world of good government responsive to evidence and sceptical in the face of ideology.

Essays by notable Australians 23 The meaning(s) of public interest in law Simon Rice

Professor Simon Rice OAM teaches law at the Australian National University College of Law, and chairs the ACT Law Reform Advisory Council.

Law’s answer to ‘what is the public Some examples illustrate the In the forensic procedure example, interest?’ is, not surprisingly, that it diversity of contexts in which the term the stated public interests are obtaining depends on context and purpose. commonly arises in Australian law: evidence as to guilt or innocence, One thing it is not, however — Under the ACT Crimes (Forensic and upholding a person’s physical as highlighted in the recent UK phone Procedures) Act a magistrate integrity. In the customs example, tapping scandal — is merely anything deciding whether to allow a forensic the minister has a discretion to decide that is of interest to the public. procedure (e.g. taking a blood sample what the public interest is because, the explanatory memorandum to the Deciding what constitutes from a suspect) ‘must balance the law says, ‘the public interest may change ‘the public interest’ is a power given to public interest in obtaining evidence over time’. And in the exploration permit decision-makers under a wide variety tending to confirm or disprove that example, the Minister has a discretion to of federal, state, and territory laws, the suspect committed the offence … decide whether granting an exploration most commonly government against the public interest in upholding permit is in the public interest, defined ministers, departmental officers, and the physical integrity of the suspect’ as consideration of any of: government courts and tribunals. A substantial Under the federal Customs Act, policy, employment creation, research project at Queens University the relevant Minister may order social impacts, overall short-term and Belfast on Public Interest in UK Courts Customs to detain any goods ‘if the long-term public environmental benefit, identified various ways the term Minister considers that it is in the overall short-term and long-term public can arise: as a decision-maker’s public interest to do so’ economic benefit, and impacts on consideration under legislation, aesthetic, amenity or cultural values. as a judge’s consideration when In Victoria, under the Greenhouse deciding an innovative case, Gas Geological Sequestration Act, as a reason for commencing the relevant Minister ‘must not grant (or intervening in) legal proceedings, [an exploration] permit for a stratum and as a public authority’s of land unless he or she determines explanation for its conduct. that it is in the public interest [as defined]’.

24 Who speaks for and protects the public interest in Australia? So although the ‘public interest’ One constant in these various approaches The open nature of the public interest is relevant to each of forensic testing, to the public interest is that its meaning is in law is deliberate, in large part because, importing goods, and exploring for gas decided in context: in the three examples as the explanatory memorandum to sequestration, a generally applicable above the public interest is identified customs law says, ‘the public interest meaning of the ‘public interest’ is elusive. having regard to fair criminal proceedings, may change over time’. In 1979 the Clearly the definition of the ‘public community safety, and environmental Senate Standing Committee on interest’ for purposes of granting and social impact. Similarly in, say, Constitutional and Legal Affairs reported an exploration permit is particular to those defamation proceedings, disclosure of on the Freedom of Information Bill circumstances, and has no application documents, granting visas, censorship and recorded extensive concerns in forensic testing or importing goods. and so on, a ‘public interest’ test is decided about reliance on the ‘public interest’: It does, however, hint at what a general having regard to the various interests ‘an ill-defined or amorphous concept definition could be: the prescribed that arise in those particular contexts. … that eludes definition … whose meaning considerations convey a sense of matters Weighing up competing public may vary at the whim of a minister or of public concern (employment creation, interests is tricky, and — in the absence official’. But the Committee decided social impacts and so on), as opposed of actual direction from a statute — that ‘a public interest criterion is a very to matters that are the concern of decision-makers will put relative values useful one’ because ‘it can require a particular person or entity (such as on the various interests. Fundamental [a decision-maker] to consider many expanding a company’s business). rights and freedoms such as fair trial and factors that might otherwise be ignored’. freedom of speech are public interests A different idea of the public interest In law, strict rules of relevance tend that are commonly given priority, underpins the public interests to limit the range of public interest although a balancing exercise ensures in obtaining evidence of guilt or perspectives that can be heard on that recognition of the prevailing public innocence, and upholding a person’s an issue. An implication of law’s approach interest goes only as far as is necessary, physical integrity. These suggest to the idea of identifying public interest(s) with the least possible (‘proportionate’) not a distinction between public according to context is that sectoral compromising of another interest. and private concerns, but that there lobbyists and advocates have more are social values to be protected — or less (or nothing) to say on a public the same values that are expressed policy issue depending on their stake in the right to a fair trial, the right to in that issue. Few public policy issues a presumption of innocence, and the raise a generic, all-embracing ‘public right to consent to physical treatment, interest’, although few sectoral lobbyists guaranteed in the ACT by the Human and advocates will concede they need Rights Act 2004. And there is a different not be heard. approach again to the public interest in the customs example, where the idea of the public interest is undefined. Reliance on an undefined ‘public interest’ test is common in legislation; the High Court has said (in O’Sullivan v Farrer, 1989) that ‘the expression “in the public interest”, when used in a statute, classically imports a discretionary value judgment to be made by reference to undefined factual matters’, although those matters must relate to the objects of the particular statute.

Essays by notable Australians 25 Section 3: Climate and environment

26 Who speaks for and protects the public interest in Australia? Managing climate change: in whose interest? Graeme Pearman

Graeme Pearman AM retired from CSIRO in 2004 after 33 years of service including 10 years as Chief of the Division of Atmospheric Research. He pioneered studies of the global carbon cycle, fundamental to anticipating future climate change, and over-sighted the development of an Australian capacity in climate modelling and impact assessment. He operates a consultancy on climate science, energy futures, the impact of human and societal behaviour and sustainability. He is an Adjunct Senior Research Fellow at Monash University.

The role of greenhouse gases in Yet in Australia the period from the To some it is evident that climate-change determining the temperature of the late 1980s to the present has been policy was designed to promote action Earth has been known since the first half characterised by a trend from an to support key industries. This cultural of the 19th century and in recent decades internationally leading and proactive change has had enormous implications observations have shown clearly that approach to an approach that puts for Australian life: the sectoral balance human activities are changing the Australia in danger of incurring of the economy; employment, working levels of these gases in the atmosphere. political and economic sanctions hours and conditions; family life; The science community has articulated reflecting our growing pariah status. volunteerism; attention to domestic and the broad consequences of this for Maria Taylor has suggested this international welfare and environmental more than three decades. trend reflects a shift in cultural values issues; and so on. Many now question including, important in the context whether as a result of being ‘wealthier’ of this volume, the demise of the we are happier and more secure, ‘public interest’. Environmental leadership and whether the benefits have been by the Hawke government has been equitably shared in the public good. overtaken by a dominant commitment Yet rigorous examination of these to the neo liberal economic ideology. wider consequences is missing. Sections of the media also played a role Humans, all of us, find it necessary to have in communicating the new narrative personal views of the nature of the world in about the irreplaceability of fossil fuels order to operate on a daily basis. To a large and a general scepticism about the extent we can do little more than construct science of climate change. this view from what our parents told us, our culture, our religion, our education, advertisements and at times from what those whom we admire have told us. These are constructed views of the world. Essays by notable Australians 27 The problem is that these are largely Climate change is already impacting on Governments have a responsibility to based on myth and rarely formulated concerns over energy futures and policy. encourage entrepreneurialism and the from rigorously determined information. There are many cases where this is poorly economic benefits that may ensue from President Kennedy said the ‘great understood in the sense of its impact such resource exploitation. But we also enemy of the truth is very often not the on the wider public good. For example, expect governments to weigh these lie but the myth, persistent, persuasive, a recently announced discovery of benefits in light of the public Interest. and unrealistic. Belief in myths allows a Cooper Basin gas reserve suggests its The federal government’s Energy Green the comfort of opinion without the exploitation would ‘result in 60 to 120 Paper shows influences of ideological discomfort of thought.’ trillion cubic feet of gas’. This is equivalent and sectoral views on energy futures to 6.6 thousand million tonnes of CO2 that are perhaps understandable given A greater reliance on ideological, or 11 times the current annual release of the responsible department, but these often mythical, imperatives carbon dioxide from Australia. If exploited may not be in the wider interests of has lowered attention to its release might occur over a decade the community. Thus a serious rethink evidence-based decision-making, or more and its spread may perhaps be is required to address how best to a regression towards the times prior international. But this one enterprise deal with complex, multi-factorial to the Age of Enlightenment. There has would represent about 83 per cent of and strategic issues related to the been a decline of investment in science the estimated Australian long-term public good given our modern, and its representation in governments, ‘allocation’ of emissions as its part in the largely sectoralised, society. and an expansion of the mindless global effort to give a 75 per cent chance view that science’s role in modern The view that economic imperatives of keeping climate change near to 2oC into society is about product development should not dominate policy will be no the future (8,400 Mt CO2 from 2013–50). and financial reward. This ignores the more easily ‘sold’ than the need for substantial value of building a deeper Additionally, natural gas is methane action on climate change. It represents understanding of the world we live in, that as a greenhouse gas is effectively a challenge to prevalent ideologies the natural environment, the operation about 34 times more powerful than CO2. and narrow corporate interests of societies and limitations of our own Recent satellite imagery of North American and a broad interpretation of what humanity. It ignores investment in the tight geological formations suggests that constitutes human wellbeing and power to anticipate and set goals for leakage rates could be of order 10 per cent. welfare (in time and essence) that has a future world that we consciously The ‘greenhouse emissions’ advantage of fallen out of favour. As recently stated wish to achieve. gas over oil or coal is lost for any leakage in an Age Editorial, ‘…. human society is of more than 3 per cent. built on the idea that the many are one. Climate change is about modification of This is not socialism or communism, the global environment well beyond the The point here is who is to decide whether but humanism. Too often self interest strategic view of businesses. Concern for the exploitation of such gas resources, and ideology, manifested in business and its potential impact on future generations and many have been identified, is in the political agendas, crash against this ideal.’ and the natural ecosystems has limited public interest? There would clearly be power in the operation of the markets positive impacts on energy supplies, and market choice. Further, the impact trade and employment. On the other of a changed climate may occur hand there are potential negative through largely explicable effects impacts on our contribution to the on agriculture, water resources reduction of global emissions and on and security, but also through disruption alternative land-uses. There are risks of the complex and dynamical nature related to the methane leakage issue of ecosystems in a way we cannot and disruption to societies related to at this stage anticipate. The point is the transient nature of the businesses. that the potential consequences have Who will bear the cost of exposure to serious implications for the public good, potentially stranded assets and the now and into the future. downside of biased or narrowly focused risk assessment? This is to say nothing of the questions about who really owns these resources in the first place and how benefits should accrue for all. Surely these are not questions for the energy companies or the energy sector alone.

28 Who speaks for and protects the public interest in Australia? Fossil fuel divestment as a mechanism for defending the public interest Charlie Wood

Charlotte Wood (‘Charlie’) is a passionate advocate for the climate, sustainable food production and socially responsible investment. Over the past 7 years Charlie has volunteered, worked and interned with Amnesty International, Conservation Volunteers Australia, the Centre for Sustainability Leadership, the ACT Commissioner for Sustainability and the Environment, the ANU’s Regulatory Institutions Network and the Australian Youth Climate Coalition. She is currently Campaigns Director, 350.org Australia.

In the fight to solve the greatest moral Most worrying is that the industry has For too long, the agents of climate challenge of our time, the fossil fuel won the consent of our political leaders change have lacked a well-organised industry is public enemy number one. to unleash this nightmarish future. As Big and effective opponent. In recent years The damage that this one industry Coal, Oil and Gas turn trillions of dollars in however, the tide has been turning, has wrought is overwhelming, with profit, they receive billions in government propelled, in large part, by the burgeoning funding of climate deniers, corruption subsidies and political concessions. fossil fuel divestment movement. and destruction of ecosystems just So long as the industry has free reign This grassroots network of students, some of its many offences. Too many over our political processes, the public campaigners and investors is naming to detail here, the industry’s impacts interest is at risk. and shaming the fossil fuel industry as boil down to this: if all the carbon on climate change’s biggest culprit, speaking the fossil fuel industry’s books is burnt, in the language the industry knows best we are guaranteed an unliveable future. — money — and hitting them where Indeed, the industry plans to burn five it hurts most — their social reputation. times more carbon than the two degree red line set by world governments.

Essays by notable Australians 29 From its birth on US college campuses One need only look at the sobering impacts and water resources. For example, up to in 2012, the divestment movement has that fossil fuel expansion is having on the 80 per cent of the state of NSW is covered spread like wildfire through backyards public sphere to understand why taking by mining licenses and applications as and boardrooms. The premise of the on the fossil fuel industry should be coal and gas companies increasingly force campaign is simple — if the fossil fuel everyone’s priority. As noted, the industry their way into forests and family farms, industry wants to take away our future, plans to burn five times more carbon than polluting precious freshwater resources. then we’ll take away their social licence. the climate can safely handle. And with And if all these social and environmental Although the language of divestment each new IPCC report, the projected impacts weren’t enough, the world is is financial, the tactic is deeply political. impacts of climate change grow more dire. now waking up to the sobering economic Divestment is not out to bankrupt Exxon The most recent report, prepared by impacts of our over-dependence upon but rather to lessen the crippling hold over 800 experts and backed by almost fossil fuels. According to analysis from that companies like Exxon have over our 200 world governments, speaks of Lord Stern and the London School political processes by making it morally climate change as ‘severe, pervasive and of Economics, fossil fuel reserves unacceptable to finance fossil fuels. irreversible’. According to the IMF, if we don’t worth up to $22 trillion risk becoming take urgent action to reduce emissions, The tactic has a proven track record. ‘stranded’, unleashing an economic crisis future generations will be ‘roasted, toasted, From South African apartheid to tobacco, that Bush-era US Treasury Secretary Hank fried and grilled’. The IMF is right, however divestment has played a crucial role in Paulson and ex-Liberal leader Professor climate change is no longer a threat only winning regulation of rogue industries. John Hewson both agree will dwarf the to future generations — its impacts are The campaign has seen hundreds of Global Financial Crisis. Consequently, here and now. institutions and individuals shift over the terms ‘stranded fossil fuel assets’ $50 billion out of fossil fuels, prompting While the IPCC predicts climate change and ‘carbon bubble’ are now well and truly debate among major pension funds, will slow economic growth, increase cemented within Wall Street vocabulary. banks and sovereign wealth funds. food shortages, floods, droughts, human By taking on the power of the fossil fuel Even Obama, Ban Ki-Moon and the displacement and conflict, and lead to industry to recklessly unleash all of these World Bank have sung its praises. greater levels of poverty and disease, impacts, the divestment campaign so too it relates how these impacts are In response, the industry has gone on offers a powerful means to protect the already being felt around the world, a major offensive, throwing millions public interest and build a future free on an unprecedented scale. Already, of dollars into counter PR campaigns. from the corrupting influence of Big Oil, the Arctic is shrinking at an alarming rate. Suffice to say, at a time when the Coal and Gas. As Naomi Klein argues in Climate change is already responsible for mercury is rising and climate predictions her recent book This Changes Everything over 400,000 deaths annually. According are growing ever gloomier, the divestment climate change is an alarm signal that our to the World Meteorological Association, campaign has put our biggest climate economic system is failing. In this system, climate fuelled disasters including storms, culprit on the back-foot, winning us profit is valued over life, extraction over floods and heatwaves have already some much-needed breathing time to protection, dollars over sense and the increased fivefold since the seventies, get our act together. From its success present over the future. It’s a system with some of the deadliest droughts so far, it is clear that divestment has in which there are few incentives to on record responsible for the deaths the potential to be a game changer. fight for the common wellbeing of our of hundreds of thousands of Africans. fellow species. To change this is to change Fossil fuel use and climate change are everything, but to change everything also drastically transforming the face of will take time. By naming and shaming our biosphere. A 2013 study in the journal the fossil fuel industry as climate’s public Nature Climate Change found that climate enemy number one, the divestment change is likely to cause 50 per pent of campaign could buy us this crucial time, plants and one-third of animals to vanish delivering us some breathing space from half their current locations by 2080. and uniting communities and unlikely Fossil fuel extraction is also changing bedfellows to change everything, the face of our most productive land before it’s too late.

30 Who speaks for and protects the public interest in Australia? Urban water stewardship in the public interest Mike Waller

Mike Waller was a Director of Australia21 in 2003–2011 and has recently re-joined the Board. He has chaired the Business Council of Australia Greenhouse Committee. For six years he was Chief Economist BHP Billiton where he led the development of the company’s greenhouse strategy. Prior to this he was head of the microeconomic division of the Department of Prime Minister and Cabinet responsible for the development of National Strategies on Ecologically Sustainable Development and Climate Change. Since founding Heuris Partners, Mike has provided strategic advice to the Victorian Minister for Transport and Secretary of the Department of Infrastructure on the restructuring of Melbourne’s train and tram systems and to the Minister for the Environment and the Department of Sustainability and Environment on issues of greenhouse, sustainability and energy supply. In 2013 he was appointed the first permanent CEO of the Office of Living Victoria (OLV) established by the Victorian government to deliver transformational urban water policy.

For a service so crucial to all aspects Urban water cycle services (which include urban water utilities and local councils, of a civilised life, the water services of water supply, wastewater management, the sector comprises widely varied types Australia’s towns and cities receive far stormwater and waterway health) are and scales of management structures too little effective public policy attention. one of the last sets of utility activities (from large corporatised state monopolies Importantly, performance in this sector still overwhelmingly under government to small local government operations). serves as a litmus test for the effective control and ownership. With over It is also a sector with an asset base provision of all essential urban services $100 billion in assets and annual revenues largely at the end of its useful life that and government in Australia. of over $10 billion across Australia’s will need to service a doubling of the

Essays by notable Australians 31 populations of our major urban centres We can and must do better. We need, ŸŸmuch greater government focus on by mid-century. It will need to do so in the and deserve, far more rigorous and efficiency and shareholder value, face of major changes in technologies, transparent public stewardship of utilising benchmarking of government industry structure and climate. our urban water systems. This would water businesses’ management of contribute to raising Australia’s revenue, costs and capital against the In theory, government ownership of water productivity in the years ahead when ‘best in class’ performance across all services should secure the public interest. facing the challenges of an ageing industry sectors; and In practice, far too often it fails to do so. population and declining terms of trade Planning and management of the water ŸŸpublishing all physical and financial data and assist in addressing the challenges cycle are divorced from planning for in standard form to facilitate transparent of urban growth and climate change. the growth of our cities. As a result, analysis of water-cycle project and economic signals and incentives do not What is required? We must recognise system-wide costs, benefits and risks reflect the full costs and benefits of the value of our towns and cities as water of different servicing solutions. different approaches to service provision. supply catchments. More people means These reforms would substantially We are also constantly caught napping more urban development and more hard benefit Australia’s water consumers and by the one certainty of Australian urban surfaces. More hard surfaces mean more taxpayers by reducing costs: for example, water supply — uncertainty. When the run off when it rains. The challenge is the a three-month efficiency review of next inevitable, albeit unpredictable, risk of more floods, but the opportunity is Victoria’s seventeen water corporations in drought arrives, we resort to expensive a more assured supply of water, close to 2014 generated savings of some $1.5 billion, and disruptive responses — massively its point of use. During the worst year of only some twelve months after the expensive water supply projects the Millennium Drought, for example, regulator approved their plans after nearly and/or rationing. Neither sustains more rainfall fell on Melbourne than two years of review. They would also deliver the natural and civic assets (such as was used for all purposes, but nearly secure water supplies and pricing that parks and gardens) that support a cooler, all of that water went, literally, straight enable consumer choice of quality and price greener and more liveable environment. down the drain. This 20th century matched to need, reflecting the changing And when the rains come, the old ‘once through’ approach to stormwater value of water through cycles of drought complacency returns. Likewise, our towns planning and management remains and plenty. Our rivers and bays would be far and cities are increasingly exposed to the the dominant paradigm in the driest better protected from the environmental dangers and costs of urban flooding. continent on earth. damage caused by treating stormwater Why? Effective economic and Adopting a new public interest as waste, rather than a valuable resource. environmental outcomes are generally approach will involve: The result would be a much more efficient, trumped by ‘insider’ interests ŸŸreshaping urban form and building capable and innovative urban water sector, and priorities. These include: vested design to reflect the role and value of with water deeply integrated with the producer/supplier interests, political water services in meeting community way our cities and towns are planned and patronage, confused objectives and business needs for efficiency managed, that would be much better and oversight, short sightedness and amenity; suited to meeting Australia’s economic, (in both a temporal and spatial sense), ŸŸgreater competition in bulk supplies social and environmental needs in the and lack of deep understanding of the between our dams, rivers, desalination twenty first century. water cycle and the built and natural plants, pipelines and local water sources, environment of which it is a part. Importantly, this approach would with provision for prices to reflect The prevailing public service culture, provide the template for the planning supply conditions; incentive structures and organisational and management of other essential arrangements in the urban water sector ŸŸgreater competition and contestability urban services, i.e. services provided in are inefficient and inhibit innovation. for the provision of water services the integrated and rigorous manner that They generally favour high cost capital against government-owned water provides higher quality outcomes cost solutions, induce lack of rigour in corporations (including mandatory effectively, based on a deep understanding applying commercial/shareholder market competition for all capital of the interconnected and complex disciplines, and result in simplistic and operation activities on the nature of the challenges of meeting and expensive approaches to private basis of desired capability/outcomes not everyone’s needs for safe, secure and sector involvement driven by financial pre-determined engineering solutions); liveable urban communities. The people engineering, rather than the broader ŸŸstreamlining economic regulation of Australia’s towns and cities deserve public interest. to focus on activities not subject nothing less. to competitive processes;

32 Who speaks for and protects the public interest in Australia? Managing land, water and biodiversity in the public interest Peter Ampt

Dr Peter Ampt is a lecturer in natural resource management and extension in the Faculty of Agriculture and Environment at the University of Sydney, and Visiting Fellow at the Institute of Environmental Studies at the University of New South Wales. He teaches and researches with farmer innovators on integrating production with conservation in New South Wales and with current and future agricultural and environmental graduates.

More than 50 per cent of Australia’s Unfortunately, efficient doesn’t always Farmers are also expected to be good land (about 70 per cent in New South mean profitable. With the exception of environmental stewards. Their actions Wales and 80 per cent in Queensland) irrigation farmers and those in prime should not just limit the damage is managed by farm families. cropping country, average annual farm done to the environment through the Society expects these families to cash incomes are low — around $55,000 production of food and fibre, but should support themselves through sale of in 2014. Ever-increasing costs and an enhance the landscape on and around products with little or no protection extremely uncertain climate combined their farm. Policy-makers have responded from global market forces. It makes with low prices have driven increasing to this public interest by introducing both good economic sense to use scarce levels of farm debt, which is currently at ‘carrots’ and ‘sticks’. While one hand and expensive resources efficiently, so around half a million dollars per farm. provides some support for farmers to there is both public and private benefit The conventional response is to run be better stewards of the environment, in using as little water, fuel, fertiliser and ever faster on the productivity treadmill the other regulates and attempts to pesticide as possible. There are many — just to maintain income. So most enforce environmental protection. services provided by the private sector farm families survive by working or Good environmental stewardship is to increase adoption by farmers of investing off-farm and many discourage considered part of farmers’ duty of care economically efficient practices because their children from taking on the farm. and the ongoing ‘license to practice’ they are also of private benefit. This has Many leave and sell their land, which is that is needed to retain access to markets made Australian farmers very efficient usually bought up by neighbours. and to ensure that Australia’s clean and by world standards. green image is maintained in the global market place. The food value chain,

Essays by notable Australians 33 which in Australia is dominated by To counter this we have had a succession At the state level in New South Wales, two major supermarkets, has responded of Australian government policies such the government agency responsible by placing hurdles between farmers and as Landcare, Natural Heritage Trust and for this public benefit activity has markets. These take the form of quality Caring for Our Country to improve our been restructured continuously management systems, incorporating landscapes by providing public support with a name change on average every environmental components, for the public benefit. These programs 3 years. Most recently, yet another which must be implemented and have supported the development restructure resulted in the formation audited to retain contracts or to of regional organisations to deliver of Local Land Services (LLS) through avoid having produce downgraded. programs to improve our landscapes the amalgamation (or closure) of the for biodiversity and have had bipartisan farm advisory part of NSW Agriculture, This may sound as if government and support. Unfortunately, these programs the Catchment Management Authorities private enterprise are complementing have been plagued by, for example, and the Livestock Health and Pest each other for the public benefit: chronic uncertainty over future funding, Authorities. The philosophy behind this a ‘protected’ environment managed by lack of continuity of personnel due restructure was to provide integrated ‘supported’ farmers producing clean, to short-term contracts, changing service delivery, but based on research high quality food which is supplied to priorities leading to a succession of conducted in one LLS in 2014, it has happy consumers at ever lower prices. changing criteria and a progression resulted in a 50 per cent reduction in But wait … there is devil in the detail! of projects, failure to tackle landscape people employed on public money to work There is plenty of evidence that farmers scale issues, and cost and blame shifting with farmers for management of land, value the environment and hold between the commonwealth and the water and biodiversity and the control strong beliefs about their important states and territories. Most recently, of weeds and pest animals. Whilst the role in environmental stewardship. about half of the $1 billion allocated to impact of this hasn’t yet hit famers, However, their economic situation Caring for Our Country has been diverted the agricultural and environmental severely limits what they can do. to the ‘Green Army’. Whilst this means professionals who have shouldered the In fact many describe the feeling of some free, unskilled labour may be burden of this instability have suffered. being damned if they do and damned available for public benefit conservation, Farmers are highly adaptable and if they don’t: forced to act contrary to it is a cut to the funding available to resourceful, and many are breaking their stewardship ideals in order to support the communities that ensure new ground by developing strategies remain financially viable. green army projects can add value. that are profitable and regenerative. What about good environmental These innovations would quickly stewardship practice that is not just spread with coherent, consistent and about efficiency? Our biodiversity crisis supportive public policy. It is clearly in requires more habitat for wildlife than the public interest to have productive is currently available in reserves and farms producing clean and healthy food national parks. In particular, habitat on and quality fibre in perpetuity. It is also in the most productive land is required, the public interest to produce that food but this is almost exclusively being and fibre in a way that enhances the used for agriculture. So converting that capacity of our landscapes to support to habitat will not only take time and biodiversity and provide clean water and cost money, it will reduce the land area air. Surely this public interest is served from which farmers can make a living. by public investment in high-quality This brings public benefit into direct professionals to work with farmers and competition with private benefit. local communities. Instead we have successive governments reducing this investment and leaving it to a small and struggling sector, agriculture, to carry an unfair and unrealistic burden. Consistent bipartisan support that also leverages private sector investment and innovation would pay for itself many times over, in the public interest.

34 Who speaks for and protects the public interest in Australia? Section 4: Indigenous futures in the public interest

Essays by notable Australians 35 Reframing the terms of engagement in Aboriginal affairs Patrick Dodson

Patrick Dodson is a Yawuru man from Broome, Western Australia. He has extensive experience in Aboriginal Affairs, as former Director of both the Central and Kimberley Land Councils, as a Commissioner in the Royal Commission into Aboriginal Deaths in Custody and as inaugural Chair of the Council for Aboriginal Reconciliation. Patrick was also Co-Chair of the Expert Panel for Constitutional Recognition of Indigenous Australians, and is a current member of the ANU Council, Adjunct Professor at the Broome campus of the University of Notre Dame, and Chair of the Yawuru native title company, Nyamba Buru Yawuru Ltd.

Over the decades attempts have been When it comes to Aboriginal Affairs, The pursuit of reconciliation based on made to improve the relationship the focus of public policy is on the truth and justice has proven a challenge between Aboriginal peoples and the administration of Aboriginal people for our nation. Without truth and justice settler state. The national reconciliation rather than the nature or essence of there is no trust, and without trust it is process, and the various policy and our relationship. Other than recognition difficult to reset the relationship and programs adopted by governments of the existence of disadvantage, transition to a space where reconciliation to address Aboriginal disadvantage, there has been very little effort to becomes a real possibility. We have are examples of this effort. While we understand the differences between had several opportunities — the 1992 have made some inroads we have not us, and virtually no attempt to Mabo verdict, the national reconciliation resolved some of the deeper issues examine how our differences could be process and the 2008 Apology to name that continue to divide us. accommodated or viewed in an innovative a few — to deal with the unfinished or transformative light. Consequently, business of the past and progress there is no agreed position on the the reconciliation project in a just way, resolution of the core political issues, however we have always stopped and no mutually agreed framework short of resolving these matters for how we should move forward. in a complete way.

36 Who speaks for and protects the public interest in Australia? As a nation we have not engaged in The difficulty for Aboriginal people is The structure and nature of power a meaningful dialogue about Australia’s that Aboriginal Affairs policy is conducted relations have yet to be decolonised. colonial past and its ongoing legacy in within the normative framework of the Rather than mutual consent and just a way that enables us to move beyond dominant settler state and its institutions. recognition, conquest and domination the politics of blame and guilt. We seem The normative system is predominately remain the philosophical foundation of to spend a lot of negative energy caught concerned with rationalising the status our relationship, enabling assimilation up in false binaries around white guilt quo and preserving the legitimacy to persist as the dominant paradigm for and black victimhood, white blind of its own institutional authority. engagement and inclusion in the modern folds and black armbands, collective For the most part, there is little scope nation-state. Even though we are now in rights versus individual responsibility, for Aboriginal peoples’ worldviews or the second decade of the 21st Century, symbolic reconciliation versus practical values to penetrate this system and the possibility that Aboriginal people reconciliation, the Left versus the drive the direction of policy. Any shift should be permitted to set the social, Right, and so on. The outcome of this or devolution of power to enable economic and cultural benchmarks dissonance is policy that responds to Aboriginal people genuine control for our wellbeing and development, ideology and ingrained prejudice rather and autonomy over their affairs is and be enabled to navigate our own than the needs or aspirations of those also likely to be resisted. pathways within modernity on our terms, to whom it is directed. is something that is still not contemplated In the absence of a treaty or some form in public policy. A fear of diversity and change militates of agreed political compact, the terms against us advancing beyond our of engagement continue to be dictated A new approach to address issues of unresolved past, leaving a reservoir by the settler state without negotiation concern to both Aboriginal people and of injustice, mistrust and resentment. or consent, leaving us vulnerable to the the settler state is required to decolonise In a democracy like Australia we should political whims of the government of our relationship and reframe the terms be able to ventilate our concerns the day. Parliament retains the power of our engagement. Such an approach and work toward accommodating to pass legislation and governments are must move beyond mere consultation if not resolving our differences in a free to set policies that affect Aboriginal and give serious consideration to constructive way. But instead of engaging people without any imperative to how we can incorporate the idea of in a dialogue to find sustainable solutions consider our views. We comprise less than free, prior and informed consent in to systemic problems, we tend to 3 per cent of the national population and policy and practice. But for this to be become locked in ideological disputes lack the power or capacity to exert any possible there must be a preparedness around policy and strategy. Too often significant influence over public policy, to develop a new paradigm that there is a polarisation of views rather particularly in situations where our rights, will entertain the possibility of than a genuine attempt to listen to each interests or aspirations conflict with a genuine post-colonial relationship. other and engage in co-creating a new the mainstream. Constitutional recognition of Indigenous narrative that has meaning for both sides. Australians presents us with an opportunity to at least take a step toward this direction, but recognition alone will deliver little if it is not also accompanied by meaningful dialogue and substantive reform. If we are to evolve and transcend the current state of paralysis in Aboriginal Affairs then we must give serious consideration to reframing the foundation and nature of our relationship.

Essays by notable Australians 37 Achieving wellbeing for all through reconciliation action Kerry Arabena

A descendant of Meriam people from Torres Strait, Professor Kerry Arabena is a social worker with a Doctorate in Human Ecology. She was inaugural Chair of the National Congress of Australia’s First Peoples. She is currently Chair for Indigenous Health at The University of Melbourne and Director on the Board for Indigenous Community Volunteers. She is a founding member of ARLASH — Alliance of Regenerative Landscapes and Social Health.

A people’s health can be defined as The health of a landscape can be The next focus for building public the minimal vulnerability to threats similarly described as the minimal interest capacity in an Australian context (e.g. parasites, viruses, bacteria) vulnerability to threats and the will necessarily be relational — between and the maximum adaptive capacity maximum adaptive capacity. peoples and across institutions; situational (i.e. high levels of strength, physical Despite improvements in agricultural — concerned with place; and integrated fitness, and high levels of resilience to practices and management, the general — between and across diverse knowledge psychological trauma, grief and stress). health of the agricultural landscape systems and ecosystems. The public In Australia, rates of chronic diseases are is declining. Soils are systemically interest process will need to be meaningful increasing, as is the incidence of mental being eroded and becoming more acidic for the people involved. I advocate for illness. Even though evidence is emerging and saline, biodiversity is decreasing, a regionalised system of public interest that diet and lifestyle play a significant nutrient cycling is failing, and climate is engagement, supported through a network role in these illnesses, specific protective becoming more variable and extreme. of nationally accredited public interest or causative effects are proving difficult peaks endorsed by a panel of ‘new’ to isolate and prescribe. public interest specialists. The system will implement ‘thinking global, acting local’ philosophies. This approach is not without its challenges, but could be achieved through extending the current Australian concept of reconciliation from a process between peoples in a nation state to a process that invests in reconciliation between all peoples and the landscapes in which we live.

38 Who speaks for and protects the public interest in Australia? Public interest processes are founded Alliance for Regenerative ‘Caring for country’ programs provide in discourse that uses a language that Landscapes and Social Health other opportunities for people to structures outcomes. We need a new create health and wellbeing while Alliance for Regenerative Landscapes and language in a new public interest managing landscape. These are Social Health (ARLASH) is a ‘community of discourse, one that enacts an extended community-driven movements toward practice’ designed to improve landscape, reconciliatory process and understands long-term social, cultural physical and ecology and human and societal health and honours the integrity of landscape sustainable economic development through regenerative agriculture. as a whole interconnected life system. that challenge and interrupt the The community joins together innovative What needs to be reinstated in public dominant modes of thinking that have farmers with scientific, community and interest discourse is the holistic been so destructive to Aboriginal and business leaders collectively motivated relationship between all Australians Torres Strait Islander peoples’ health to regenerate Australian landscapes so with nature. We need language that and wellbeing. Initiatives germane as to deliver healthy ecosystem services. celebrates this as being the desirable to caring for country include time on This unique but overdue approach state of health and wellbeing for all country, burning of annual grasses, involves the holistic redesigning and people in this country. We all need using country, gathering food and integration of Australia’s broad-acre to decolonise our minds. The culture medicinal resources, ceremony, and pastoral industries with human, of colonisation is now affecting the protecting country/sacred areas, societal and ecological health aspirations. living and non-living processes that and producing art work. Many of give us life. The mal-development There is mounting evidence that these activities are conducted practices underpinning colonisation are healthy food (as well as water as partnerships between community disrupting the geological functioning and other ecosystem services) and mainstream organisations. of the plant to a level not previously produced by regenerated landscapes A challenge for public interest is this: known. We are all caught up in this and can play a transformative role in if these ‘on country’ approaches to we all need to change. We can no longer addressing society’s major disease managing landscape generate health promote differences and exclusions; epidemics. Extending reconciliation and wellbeing outcomes for all who instead we need to promote unity, between peoples, institutions and share in the landscape’s ecosystem solidarity and equality in diversity. landscapes also transforms the services, why is ‘care for country’ traditional market concentration and We all need to reconcile, Indigenous only for Aboriginal and Torres Strait vertical integration in industrialised with non-Indigenous Australians, Islander people? Why can’t all people agricultural systems that have reduced and all Australians with the natural care for country? In order to ensure our the viability of rural towns to the degree systems in which we live, and with country is available for future generations that many are unsustainable. This is the other species that cohabit we have to reconcile older knowledge unacceptable; these communities are our Earth. This is a natural trajectory traditions with modern ones, then act integral to sustaining healthy agriculture for reconciliation, a fluid movement on how to live within the structure and and society. between reconciling a people with functioning of the planet. Our new public a people, to reconciling people interest processes need to reconcile and a planet. human and ecosystem health, and find a language for new discourses that allow this to happen.

Essays by notable Australians 39 Section 5: Refugees and asylum seekers and the public interest

40 Who speaks for and protects the public interest in Australia? What Australia’s refugee policy has to teach us about our (not so) liberal democracy Joyce Chia

Dr Joyce Chia was until recently the Senior Research Associate at the Andrew & Renata Kaldor Centre for International Refugee Law at the University of New South Wales. She was awarded her PhD on comparative immigration and refugee law at University College London in 2009. She has previously worked as a Senior Policy Officer at the Australian Charities and Not-for-profits Commission, as a Research Fellow at Melbourne Law School, as a Legal Officer at the Australian Law Reform Commission, and as a Research Associate at the Federal Court of Australia and the Victorian Court of Appeal.

It has been said many times that the rights of minorities. It means that Yet these basic political principles are Australia’s unusually cruel refugee it is not enough to say that 70 per cent commonly ignored by politicians, and they policies reflect its peculiar history, of Australians support these policies, are poorly enshrined in our democratic geography and public attitudes. as if this is all that counts. It also means institutions and processes. An obvious True enough, but it is not the whole story. that the Minister’s view is not always example is that, unlike almost every For Australia’s refugee policies also to be preferred over that of courts or other liberal democracy (and many other reflect its politics — and, in particular, its independent government bodies, simply countries that are neither liberal nor weak commitment to the ‘liberal’ part of because the Minister is elected and they democracies), Australia does not have liberal democracy. This is the part that’s are not. These institutions, after all, exist a national human rights law that can designed to ensure that the principle of to provide some counter-majoritarian be enforced in its domestic courts. ‘majority rules’ doesn’t end up trampling balance to the democratic system.

Essays by notable Australians 41 This partly explains why Australian These are the big problems in our liberal Measures could also be taken laws can be much more severe than in democracy that require big reforms. to strengthen the role of comparable countries. In these countries, They may be big, but not impossible. Senate committees. In other courts have stopped policies such as Although the movement for human rights countries, equivalent committees transferring asylum seekers to third legislation has stalled, there is some hope play a key oversight role and possess countries, rendering asylum seekers that internal party reform may be driven considerable authority. In contrast, destitute, and depriving asylum seekers by the need to revive flagging political our Senate legislation committees rarely of access to health care. parties. As well, the increased willingness do more than recommend passage of of the electorate to favour new voices is government legislation, perhaps with Another, less obvious, peculiarity of likely to increase the diversity of voices one or two proposed amendments the Australian political system is its within the political spectrum. (often ignored). Changing the extreme party discipline, with Labor composition of the committees politicians prevented from crossing There are also a host of smaller problems could help, in addition to spreading the floor and Liberal politicians doing that might be fixed, or at least improved, the heavy workload of the Senate Legal so extremely rarely. This means that the more readily. For a start, we could and Constitutional Affairs Committee spectrum of views in the community markedly improve the quality of policy between specialist committees. is not fairly represented in parliament, development. One reform, adopted Committees should also have greater or reflected in our laws. Further, in an age by a number of state governments, control over the scheduling of inquiries when strategy trumps ideology, the two has been to extend the length of the to allow for proper public consultation. parties can neutralise each other’s electoral term, giving governments politically popular policies by agreeing more time to develop and consult We should also do better in following with them or seeking to outdo them. on policies. We could foster policy up on the recommendations of development by independent voices, government-funded inquiries and This unnatural agreement is exacerbated such as by investing in non-partisan bodies on the effectiveness of by the rise of the career politician and the research centres, peak bodies and legislation and on the implementation declining popularity of party membership. think tanks that are not government of legislation. Governments should The result is that a modern politician in bodies — as in the UK and the US where be required to publish the reports a safe seat is essentially beholden to philanthropists and foundations can of all government-funded inquiries, the political machine, and therefore less enhance the public debate. unless exempted for particular reasons, likely to rebel. This is reinforced by the and to provide follow-up reports on consistent media portrayal of internal Another reform would be to improve recommendations that it has agreed disagreements as weakness rather pre-legislative scrutiny by, for example, to implement. Legislation should be than a democratic strength, and any requiring identified bodies to be automatically reviewed after a period, shifts in policies as ‘backflips’ that destroy consulted and allowing minimum periods either by legislation itself or through credibility, rather than recognise reality. for consultation. All too often, legislation routine reviews by committees. is rushed through parliament on the The effect of these defects in the An independent office, similar to pretence that it is urgent. For example, Australian political system is that the UK Chief Inspector of Borders and the first legislation introducing refugee laws get passed by parliament Immigration, could be established to mandatory immigration detention with unseemly haste, generally without systemically review the implementation was rushed through parliament in amendment, and without much threat of of immigration policies and laws. a single day. Oversight bodies, such as invalidation by a court. (If it is invalidated, the Ombudsman and the Australian These are but a few of the reforms that the general rule is that parliament will Human Rights Commission, ought to would strengthen our liberal democratic reverse the decision — unless the court be routinely consulted. Another possible institutions and processes, leading not manages to find constitutional grounds.) reform would be to adopt the UK practice only to better laws and policies, but also of publishing major draft Bills for to better democracy for all those living in comment and public inquiry on matters Australia and for those who seek refuge of policy, rather than on the details of in Australia. the drafting.

42 Who speaks for and protects the public interest in Australia? Lateral solutions to developing better global arrangements for displaced people David Evans

David Evans OAM is a retired medical practitioner whose work in Tasmania specialised in Pathology and in Sexual Health Medicine. In retirement he has completed a PhD in Humanities with the University of New England entitled ‘Romance Tragedy in India and Nepal in the time period 1993–2013’.

My first thoughts regarding those needing The shame of our Australian-supported ‘New Country’ to leave their homeland under the threat refugee camps is that the talents of My vision for refugees is of of ‘leave or be killed’ are for their family refugees are not being fostered and a ‘New Country’ with states on lands and associates not able to get away the concept of positive living in the allocated by countries hosting long-term who have to remain at their home in camps is hard to find. In part this is refugee camps all around the world. imminent danger. due to the jurisdiction of the camp, For a peppercorn rental and with local where conditions cannot be first world Refugees who escape are lucky if support, each state would be leased to the western style with social support they find a refugee camp where life’s United Nations. The UNHCR would offer equivalent to what we have in Australia. necessities are available. The flight UN Citizenship with identifying passport Such conditions are also not feasible for a family known to me now living in to refugees registering with UNHCR. for the vast majority of global refugees. Australia was from Burundi to Zimbabwe. The jurisdiction and legalities would be Six years living in the refugee camp was Is there a way forward with established by United Nations. described as ‘like living in a boarding realistic possibilities? Could we The ideal refugee camp would train its school’, yet they told me camp life was build a new country? own citizens, especially the young, making meaningful and positive. This theme them eligible for skilled visas to countries is echoed in a 2014 article in The New other than the state where they reside. York Times entitled ‘How to Build a Refugees with nowhere to go other than Perfect Refugee Camp’, which reported their present long-term refugee camp that meaningful and positive life is would become UN citizens, some of possible within such confines whom would be offered placements in

Essays by notable Australians 43 other countries while others would make ŸŸUNHCR also advocates adopting ŸŸSelf-government on embassy-type their refugee camp liveable and train their national refugee frameworks land in a host country leased to UNHCR. young in skills needed around the world. and accession to international The leased land will remain the property refugee instruments.Through of the hosting country and can be The key elements to realise this stronger partnerships with the changed by mutual agreement. vision are as follows: various Governments, UNHCR aims ŸŸThe host country will ŸŸA place for refugees is provided to enhance asylum space, including provide external security. ŸŸBasic essentials of food and housing by: identifying opportunities for local ŸŸThe refugee community will establish are available integration; improving livelihoods internal security. This may need help for urban refugees; ensuring the ŸŸHealth and Security support from the lessor and lessee if acceptable smooth voluntary return of refugees are provided administration cannot be established. … identifying durable solutions for ŸŸFood production is undertaken refugees … supporting a sustainable ŸŸStandards of care will be on a liveable ŸŸEducation is fostered return for those displaced, needs basis rather than Australian (western) social security standards ŸŸSocial activities are encouraged ŸŸIn 2015, UNHCR will continue to advocate that are unaffordable in most parts ŸŸVoluntary local administration for a favourable protection environment of the world. is established in South Asia, including freedom from ŸŸThe concept of ‘refugees as global ŸŸThe principle of being self supporting arbitrary detention and refoulement. citizens’ will complement the current is achieved wherever possible What is missing from this report, UNHCR registration of refugees and In the present reality the UNHCR however, is the concept of making life travel by a ‘global citizen’ will still need seeks to provide basic needs whilst good wherever possible. The ideas visa permission. investigating repatriation and behind the ‘New Country’ approach offer Refugees say ‘Give us opportunity and resettlement possibilities. Key aims and refugees a chance for self determination freedom to work. We will do it ourselves.’ concerns are listed in the ‘2015 UNHCR albeit confined to restricted travel within Could Australia lease the first state of subregional operations profile — New Country, in ways that provide the New Country to the UN on some part of South Asia’ report as: UN and UNHCR with a way forward for refugee/asylum seekers. Christmas Island, Manus Island, Nauru ŸŸThe need for sustainable livelihoods, or elsewhere, and be prepared to help reliable community-support networks, Australia is part of South East Asia and UNHCR with security and allow NGOs and access to specialised services needs to contribute support for refugees to help socially as well? for people with special needs. in the region What we hear from the In summary, refugee resettlement ŸŸRefugees and asylum-seekers present Australian government is that placements are few both globally and may face discrimination from local new refugees will be exported in one way in South East Asia including Australia. communities with little understanding or another. However, there is no mention The realistic expectation for refugees of refugee issues. of us taking a responsible position in housing refugees (with nowhere to is a long period in a refugee camp ŸŸThe quality of public health and go) in long-term camps of the South without guarantee of a placement. education in Nepal’s camps has East Asia Region. We need to work for However, there are examples of been adversely affected by the UNHCR standards in these camps of refugees living on the land of the departure of skilled refugee workers, the region, using more ‘successful’ hosting country who make life meaningful who were resettled. camps as the yardstick. A study of and progressive if not hampered by legal ŸŸUNHCR fills the gaps in terms these camps and working with UNHCR restrictions. New Country is a concept for of protection, assistance and to create affordable positive living that the self-management and government durable solutions. It focuses on the most does not insist on western standards of refugees within the confines of vulnerable, including women, children, may be necessary. Refugees confined to allocated land, which will substantially the elderly, survivors of sexual and long-term refugee camps want to work assist the UNHCR (in collaboration gender-based violence, and those and self provide. Let’s make it happen. with supportive NGOs) in their mission with special needs. to provide safety and support for The starting point will be currently refugees with nowhere to go. functional refugee camps, with the following add on elements:

44 Who speaks for and protects the public interest in Australia? Section 6: Mental health and the right to die and the public interest

Essays by notable Australians 45 Improving mental health to build a more resilient Australia Allan Fels

Professor Allan Fels AO is Chair of the Australian Mental Health Commission and was until recently Dean of the Australia and New Zealand School of Government (ANZSOG). He also is Chairman of the Haven Foundation, which seeks to provide accommodation and support for the long-term mentally ill. He is a long-term advocate of mental health policy reform and a carer for his daughter. He serves or has served on a number of government advisory boards and is patron of many mental health networks. Professor Fels was Chairman of the Australian Competition and Consumer Commission from 1995 to 2003 and before that Chairman of the Trade Practices Commission and Chairman of the Prices Surveillance Authority.

Improving mental health and wellbeing rises as a priority, and then is displaced by Mental health is a huge issue. is a nation-building issue. It is as other, seemingly more important issues. Nearly half of all Australians experience fundamental to a better Australia as This must change, because there are few mental ill-health at some point in their building new physical infrastructure, issues more vital to the long-term welfare lifetime. It is an issue that cuts across all economic reform and social investment. and wellbeing of the Australian population sectors of our society and touches nearly This fact too often gets lost in our political than mental health. every family, workplace and community. debate. Every few years mental health For this reason, mental health must be consistently at the fore in our discussions about the public interest.

46 Who speaks for and protects the public interest in Australia? The impacts of mental ill-health Australia’s patchwork of services, Prevention and early intervention, are significant. People with mental programs and systems for supporting for example, are absolutely vital. We must ill-health experience higher rates mental health is not maximising the act earlier, and invest in early intervention of unemployment, are poorer than best outcomes from either a social or across people’s lifespans. About half of the general population, have more economic perspective. Many people all adults with a mental illness developed absences from work, and suffer more do not receive the support they need that illness before the age of 15, so early from ‘presenteeism’, that is, reduced and governments get poor returns on identification and treatment can make productivity at work. In addition, their substantial investment. In short, a huge difference. they are more likely to suffer from cancer, the status quo provides a poor return We also need to improve awareness diabetes and cardiovascular diseases. on investment, creates high social and and encourage people to look after These factors lead to significant indirect economic costs, and inequitable and themselves and each other, and get the costs, including informal care provided unacceptable results for people with help they need. For example, we know by carers and family members, as well lived experience of mental illness, that more than half the people with as other related social costs, such as their families and support people. mental health problems receive no increased homelessness and crime. Clearly, action on mental health is treatment of any kind. It takes courage in the public interest. What we also know is that mental health to knock on a door asking for help problems disproportionately affect As an economist, I probably seemed to so we must make sure that every some of our most vulnerable people. many people an unusual choice for the door that is knocked on leads to the For example, the suicide rate of inaugural Chair of the National Mental right support, care and treatment that Aboriginal and Torres Strait Islander Health Commission. However, during address health and support needs, peoples is more than twice that of my time as Chair, I’ve seen economic prevent escalation of problems, and other Australians, while mental illness questions everywhere I’ve looked. empower people to live a contributing is second only to cardiovascular What has become clear to me is the life. Central to this is a person-centred disease as the leading driver of huge opportunity cost of inaction on approach where services are designed, the health gap between Indigenous mental health. Recent separate studies funded and delivered to match people’s and non-Indigenous Australians. by the OECD and the International needs. We must focus on outcomes Labour Organisation put the costs of rather than activity and, importantly, Of significant concern is the fact that mental health problems at 4 per cent of agree and implement national targets our current system is not designed gross domestic product. This figure can and local performance measures. with the needs of people and families be applied here, and it is massive. at its core. These needs are wider Real change will require courage. than health services; they are about Martin Wolf of The Financial Times rightly Courage will be needed to avoid just supporting recovery and leading identifies mental health as our biggest tinkering with a disjointed collection ‘a contributing life’. The concept of health problem, and states that given the of linear services, systems and ‘a contributing life’ recognises that all of considerable economic costs to society, responsibilities that have long been us need the same things: a stable home, treatment pays for itself. This is true. shown to not produce the outcomes something meaningful to do, something The business case for creating mental people and families need. Courage will to look forward to, and strong connections health workplaces, for example, is clear. be needed to embed a system that is to family, community and culture. A recent report from Price Waterhouse truly in the public interest. While there is significant expenditure Coopers found that for every $1 invested There is an extraordinarily high degree of on mental health in Australia, it is not in mental health initiatives there’s an consensus as to the directions needed necessarily being spent on the right things average return on investment of $2.30. to create a mental health system that — those services that prevent illness, Improving mental health must be promotes good mental health and keep people well, support recovery and viewed as an invest-to-save issue. wellbeing and a contributing life. Practical enable people to lead contributing lives. Tackling the causes rather than the steps now need to be taken. I hope we as symptoms, preventing mental illness and a society, as well as our political leaders, suicide in the first place, promoting good can find the courage to see this through, mental health for everyone, and timely because all of us will benefit. Importantly, support when things start to get tough mental health must not be viewed as an add up to the best economic and social issue solely for governments. It touches renewal strategy we can invest in. all of us, and is everyone’s responsibility.

Essays by notable Australians 47 The challenging quest for a right to die Marshall Perron

Marshall Perron grew up in the Northern Territory. Leaving school at 14 he tried his hand at a variety of occupations before winning a seat in the Legislative Assembly. During his 21 years in parliament he held almost every ministerial portfolio at one time or another. He was elected Chief Minister in July 1988 and served in that position for 8 years. He created world history when his private member’s voluntary euthanasia bill, The Rights of the Terminally Ill Act, became law in 1995. Four terminally ill Australians used the provisions in the Act before the legislation was overturned by the federal parliament. He remains active in the voluntary euthanasia movement.

There would be few more classic Driving these changes in attitude are You might think that a law that did examples of the public interest a more educated assertive population, not require anybody to do anything, being denied than the inability of the advances in medicine that can maintain saved taxpayers money, reduced anxiety terminally ill to determine the timing life way beyond any useful purpose, and violent premature suicide and was and manner of their own death. the knowledge that palliative care cannot desired by twelve million Australians, relieve all suffering, and a conviction would be high on the agenda of our A Morgan poll in 1962 asked the question, that quality of life should be treasured democratic representatives. ‘If a hopelessly ill patient, experiencing over quantity. Many of us simply reject unrelievable suffering, with absolutely A read of political maiden speeches the prospect of a senile penitentiary no chance of recovering, asks for invariably reveals a plethora of existence in a sterile nursing home, a lethal dose, should a doctor be allowed pledges to fearlessly and honestly surrounded by strangers. to give a lethal dose or not?’ The answer represent the voters who put them of 47 per cent of respondents was ‘yes’. Thirty one bills supporting the rights of there. Sadly, powerful sectional By 1995 the figure was 78 per cent. the terminally ill have been introduced interests soon interfere with In 2012 it had climbed to 85 per cent. in Australian state parliaments in the these warm sentiments. 17 years since the Northern Territory Rights of the Terminally Ill Act was vetoed by federal parliament. Most bills were never debated and only one has been considered in committee. None have become law.

48 Who speaks for and protects the public interest in Australia? Every time a bill is introduced, …. after carefully studying foreign While it is unlikely Australian a well-resourced religious lobby experiences, we can confidently say parliaments will, in the foreseeable launches a standard campaign of that allowing this practice (Medical Aid future, adopt the American citizens’ fear-mongering, distortion and in Dying) would not harm society’s most ballot system, the practice of submitting innuendo that is seized upon by politicians vulnerable, because there are ways to contentious matters to a public vote could of religious conviction seeking grounds to define and structure it to avoid any risk be adopted. Following a public inquiry, bury the proposal. Genuine analysis of the of abuse. (Quebec Parliamentary Select a proposal to decriminalise voluntary doomsday predictions is absent. They are Committee on Dying With Dignity). euthanasia could be prepared by a Law hastily accepted and repeated to justify Reform Commission or similar body and Political intransigence on this issue blocking the proposal and so avoid become law only upon it receiving support is not uncommon, as demonstrated the wrath of the clergy and powerful in a plebiscite. This could be a politically by the Oregon experience, which colleagues of faith. safe model for overcoming resistance also provides us with a lead to to address this issue. The Australian Medical Association a possible solution. Following years (AMA) also opposes law reform despite of political procrastination, concerned Our parliamentary representatives may acknowledging that satisfactory citizens founded Oregon Right to Die, not want an abortion, to visit a prostitute, relief of suffering when dying cannot an organisation that drafted a proposed or to own a firearm, yet we have laws always be achieved and that doctors law and gathered the necessary allowing all of those activities in controlled do occasionally hasten the death of signatures to have it listed as a Citizens circumstances. Equally, they may not terminally ill patients. The AMA cannot Ballot Initiative. In November 1994, want for themselves the option of contribute to the voluntary euthanasia the Death With Dignity Act was passed a hastened death, however they should debate honestly while it adheres by 51 per cent of Oregon voters. The Act not continue to deny the option for others. to a hypocritical stance that fails to faced, and ultimately survived, a A callous paternalism is evident by recognise the divergent views and host of challenges, including court the repeated refusal of our parliaments actions of its own membership on challenges aimed at having the Act to implement a responsible right to this issue. declared unconstitutional, federal die regime. The public desire is ignored, legislative efforts to effectively block The case that allowing for a dignified resulting in desperate individuals the law and a federal policy directive death is in the public interest would being driven to grisly methods of aimed at preventing physicians from be best served by acknowledging self-deliverance. It is not in the public providing assistance under the Act. the need and working with others of interest that we continue to keep dying The hostile state parliament then goodwill to devise a responsible law. people alive, against their will, at great imposed a second ballot initiative aimed Examples abound with eight jurisdictions human and financial cost. at repealing the Act. The result was an in Europe and the USA permitting overwhelming 60 per cent vote to keep Australia’s liberal democracy is elective death in limited circumstances. the law which was finally, begrudgingly, failing to reflect the needs of society Following extensive research, public enacted by the Oregon legislature in where attitudes to death and dying hearings and an examination of 1997. By November 2014, 752 eligible have evolved towards valuing life’s operations in lawful jurisdictions, citizens had exercised their right to quality over quantity. We need a structure two recent Canadian studies concluded: choose the time of their death. devoid of vested interests and religious ideology to prepare a responsible, The evidence does not support Citizens in Washington State followed safe regime to permit voluntary claims that decriminalizing voluntary the example set by Oregon to circumvent euthanasia. With reticent politicians euthanasia and assisted suicide opposition by minority groups and timid out of the way, the public should then poses a threat to vulnerable people, politicians. Vermont has since passed an be asked to make the final decision. or that decriminalization will lead us assisted suicide law. The momentum in down a slippery slope from assisted the USA is now probably unstoppable. suicide and voluntary euthanasia to non-voluntary or involuntary euthanasia. (Royal Society of Canada)

Essays by notable Australians 49 Section 7: Inequality, education and early childcare

50 Who speaks for and protects the public interest in Australia? Inequality and the public interest David Morawetz

Dr Morawetz is an economist, counselling psychologist and philanthropist. He is a board member of both Australia21 and The Australia Institute, and is a co-author of the recent Australia21/Australia Institute report Advance Australia Fair? What to do about growing inequality in Australia.

One key public interest item for Australia, 1. It might aim to shift the Australian 3. It might place major emphasis growing inequality of opportunity, debate back to a point where fairness on early childhood education for represents a retreat from what is and decency — ‘a fair go for all’ — all children aged 0–5, especially often described as a core Australian are non-negotiable starting points, disadvantaged children, because commitment to ‘a fair go for all’. not distant aspirations. An appropriate early childhood education is so Over the last decade, the richest name for such a body might be crucial for future life-chances. 10 per cent of Australians enjoyed The ‘Fair Go for All’ Commission. For many advocates of early almost 50 per cent of the growth in childhood education, intellectual 2. It might present publicly the evidence incomes, and the richest 1 per cent and emotional enrichment for that when income inequality rises received 22 per cent of the gains from disadvantaged kids is simply a matter too much, economic growth falls. growth. At the same time, scandalously, of fairness. For Nobel Prize winning The traditionally conservative one child in six in Australia lives below economist James Heckman from International Monetary Fund, the OECD, the poverty line. the University of Chicago, it is also Nobel prize-winning economist sound economic policy. Professor If a public interest body was set up Joseph Stiglitz, The Economist and Heckman established (and many to reverse this growing inequality, the Governor of the Bank of England, others have since confirmed) that to increase equality of opportunity, among many others, have confirmed investing in early childhood education to champion ‘a fair go for all’, this. In other words, reducing inequality for the disadvantaged offers the most what might it do? is good for the rich as well as for the cost-effective path to a wide range poor. It is important that all understand of social benefits: not just higher this if the more conservative sides future incomes for participants, of politics are to support attempts but a more productive workforce, to improve the opportunities of greater economic growth, lower crime the disadvantaged. rates, smaller prison populations, and substantial savings for taxpayers.

Essays by notable Australians 51 We can learn much about how 5. At tertiary education level, it might 7. At a broader level, it might examine to improve early childhood present arguments to oppose all major pieces of legislation, and education from the experience the $100,000 degrees that seem report publicly on their implications of the Australian Goodstart Early likely to be one of the outcomes of for ‘a fair go for all’. This was suggested Learning Centres, named one of the budget changes proposed by by John Hewson when he launched the the 10 top philanthropic innovations the Coalition government in 2014. Australia21/Australia Institute report globally by British-based New Advance Australia Fair? What to do 6. It might reduce inequalities in Philanthropy Capital in October 2014. about growing inequality in Australia. health care. The strong public Hopefully, providing excellent For example, in examining budget reaction to the Coalition budget of early childhood education to all, legislation, a public interest body might 2014 indicates that Australians do and especially to the disadvantaged, point out that current budget deficits not want more inequality in health. is something that all political parties in Australia are being caused by big A public interest body looking after can agree on. It would mark a huge reductions in tax revenue, not by big inequality in health in Australia might step towards increasing equality increases in government spending. note that whereas the government has of opportunity for all in Australia. This means that the solution to budget claimed that we need a GP co-payment The contributions to this volume deficits in the post-mining-boom of some kind to make Medicare by Michael Traill and Julia Davison era lies in raising more tax revenue in sustainable, recent reports from expand on this point. a fair manner, not in cutting spending three quite different, highly credible in ways that impact especially 4. It might improve the quality of and independent sources all on lower-income people. A public school education for all students. reach a very different conclusion. interest body might point out that, A public interest body focussing on The sources are the government’s as outlined in the Australia21/Australia inequality might monitor publicly own Australian Institute of Health, Institute report, there are many ways the implementation of the Gonski the OECD, and the recent ‘Bettering that tax revenues can be increased needs-based school funding plans. the Evaluation and Care of Health’ significantly while at the same time The body might put out a report (Beach) report. According to the reducing inequality. It might suggest each year indicating what has been federal Shadow Minister for Health, that the government should give more implemented and what has not yet writing in The Guardian, these three prominence to its low-profile Revenue been implemented, and what the reports find that Australia has one Review Committee instead of focusing results have been — rather like the of the most efficient and effective almost entirely on its high-profile annual reports that appear now health systems in the world, with Expenditure Review Committee. on Closing The Gap. The aim is to no evidence that health spending educate the public — who may in is unsustainable. A public interest 8. It might encourage media outlets to turn put pressure on governments to body might note that these reports run a series of articles or reports on the continue supporting better education demonstrate that a government many aspects of inequality in Australia. for disadvantaged students, a fair go committed to Medicare can deliver 9. A public interest body might also for all. It is not yet too late to have these an affordable and sustainable health continually update the public on Gonski needs-based school funding system without making low-income newly emerging literature and plans implemented. families pay a co-payment every evidence on (a) the negative effects time they need to see a doctor of rising inequality (including the or fill a prescription. negative effects on economic growth), and (b) the positive policies to reduce inequality that have been tried successfully in other countries: for example, New Zealand’s new liability investment approach to welfare reform (see the report of the recent Senate Inquiry on Inequality, 2014), and numerous policy examples from the Scandinavian countries identified in the book Northern Lights by Andrew Scott.

52 Who speaks for and protects the public interest in Australia? The importance of a strong state school system Vaughan Evans

Vaughan had forty years in the teaching service including time in infants/primary and in state secondary schools as a Teacher, Head Teacher (English), Deputy Principal and Acting Principal. Vaughan worked with Quality Assurance teams and as a presenter at teacher in-service courses. His teaching involved periods in both the Peoples Republic of China teaching English as a Second Language and the United Kingdom. In December 2013, as a mentor/advisor, he accompanied a team of Pre Service Teachers to India with the Tara Ed. Organisation.

Who speaks for and protects the Governments need to recast their attitude The public would be best served by the public interest in NSW state schools? to the state system of education to help extension of equality of opportunity to Certainly not the federal government. improve its status and hence encourage the entire school population to achieve Governments under-fund state public confidence. Adequate funding the best possible educational outcomes education and are slow to champion and a more robust, positive rhetoric in The recommendations of the Gonski the achievements of state systems. defence of state schools are essential. report went far in ensuring a more There is a generally held view that the The strongest state schooling systems equitable approach to school funding, state system is of a lesser quality than overseas are those with vocally moving towards more even outcomes that of both the independent and to supportive governments. from each system. However, a return a lesser degree, the Catholic system. to the pre Gonski economic status of With more than 70 per cent of the state’s our state and independent systems young people involved in state school will maintain the current bias towards education, such a view is not in the independent schools, thus serving best interests of all. the best interests of a minority of school students.

Essays by notable Australians 53 The federal government’s proposed Politicians, many of whom have State schools have long been economic model will see a premature been educated in the independent the target for criticism due to their end to the National Plan for School system, appear unaware of the all-inclusive nature. As far back as Improvement (NPIS) funding needs of a system of schooling 1880, Archbishop R.W.B. Vaughan recommendations in 2017. A neoliberal which accepts all-comers, not just characterised state schools as approach to funding state education those from a higher socio-economic ‘seedplots of future immorality, will prevail and the gap between the background. Consequently the infidelity and lawlessness’, advantaged and the disadvantaged will independent system, which is a lesser thus giving rise to the Catholic school be maintained. The general public will drain on the public purse thanks to system and subsequently that of be the losers, as a pool of talent will not the contribution of parents, has been the independent schools. get the best opportunity to realise its encouraged to blossom. Not a bad thing The Archbishop’s concern for the potential. The NPSI offered hope for the in itself but not at the expense of the protection of ‘better’ students from defence of the general public interest state system. the taint of the offspring of the rest in education through its fairer basis for The independent school system is gave rise to the hierarchical basis of fund distribution to the benefit of all perceived by the public as being superior our current systems. Does that suspicion school students, state and independent. to that of the state. There has been, still resonate amongst us? Or is it merely The majority of key players reached historically, a longstanding devaluing a reflection of human nature? a significant agreement in accepting of state schools by governments, It is not helpful to favour a perceived the NPSI proposal to contribute to overtly through allowing a funding social elite. A basic democratic principle the base funding for all schools with advantage to independent schools at is at stake. Such behaviour does not help targeting for disadvantaged schools the expense of the state system and maximise the potential achievement as a fair distribution of funding for covertly by not adequately defending of all young people in our society. education. Despite its relatively state teaching standards. It is in the face However it will require courage and short implementation period, of such lack of support that the public political will to make decisions that positive effects have been noticeable. has come to see the state system as the will ensure equity of outcomes. lesser option when considering the best Some of the desirable ‘extras’ that educational options for their children. The OECD in the early 1980s suggested independent schools have been able that federal governments should to provide have now become available Certainly, teacher unions are encourage the independent school to their state counterparts. A state negatively perceived through option in order to relieve the economic school principal may no longer have to their strong and at times, strident, burden of the growing cost of public decide between employing a grounds defence of state education. This is education on its people. Understandably, man to ensure that the pleasant counter productive but who else politicians capitalised on a growing ambience of his school grounds speaks for teachers? enthusiasm for private schooling matches that of the Independent Elements of the media thrive on and funded it accordingly. In 2014 school down the road — a significant the unwarranted idea that state the OECD called on the government concern in the mind of the general schoolteachers must be kept honest to address disadvantage and increase public — or to employ an extra member through strict supervision. This does equity amongst its people. The current of staff to assist in the management of not give people faith in the system. government is not as enthusiastic the growing number of children from My experience in state schools about this call. disadvantaged backgrounds. shows the majority of teachers to be So it is in the best long-term public hard-working, dedicated professionals interest for government to restore faith who are resigned to negative publicity in the state system of education through and underfunding and simply get on equity of funding and championing the with the job. values of a strong and viable state system of schooling. Hopefully the Senate’s wish will prevail and ensure that this happens in the current term of government.

54 Who speaks for and protects the public interest in Australia? It takes a nation to raise a child Julia Davison

Julia Davison is CEO of Goodstart Early Learning, Australia’s largest provider of early learning and care, with 644 centres across Australia caring for 73,000 children from 61,000 families. Goodstart employs over 13,000 staff and has an annual turnover of around $800 million. Goodstart was created by a partnership of four of Australia’s leading charities — Mission Australia, Social Ventures Australia, The Brotherhood of St Laurence and The Benevolent Society — which saw the potential to operate the failed ABC Learning Centres, transforming early childhood education in Australia. Goodstart’s vision is for Australia’s children to have the best possible start in life. As one of the biggest social enterprises in Australia, Goodstart works to create social change by giving children access to affordable, high-quality early learning. Julia has a strong interest in public policy having completed a Masters in Public Administration at the Harvard Kennedy School.

The week after Australia Day each year, The first five years of a child’s Around the world, nations are investing around 260,000 five-year old Australians life are when most of their brain more in the early years as a means of start school. Of those, almost 60,000 development occurs. It is a period when improving the ongoing learning capacity children — 23 per cent — will start school children are most open to learning and of their future workforce. As nations developmentally vulnerable in some way. when the foundation stones for future increasingly compete on the quality of Children who start school behind often learning can be laid. According to Nobel their human capital, they recognise the vital stay behind, and are likely to finish school Laureate James Heckman, it is a period national public interest in having an ‘all hands with skills and competencies that have when the biggest returns on investment on deck’ economy when facing an ageing not equipped them for the workforce in education can be achieved. population and declining levels of workforce or future life. The economic and social participation. In this global race to build costs can be profound and long lasting. human capital, Australia can no longer afford to leave 23 per cent of its future workers behind at the starting block of school entry.

Essays by notable Australians 55 Access to quality early learning has been However as any informed shopper Other research suggests that Price demonstrated in numerous studies to will tell you, quality comes at a cost. Waterhouse Coopers’ estimates could provide the greatest benefit to the most And government assistance to families, be understated. The Grattan Institute vulnerable children. Yet these children to help meet the rising cost of child care concluded that if Australia’s female are the least likely group to access quality has not kept up. The result has been that workforce participation rate rose to early learning, often due to cost barriers. too many families have been priced out that of Canada, our economy would be of access to early learning and childcare. $25 billion better off. This is a figure often Quality early learning provides more than This results in a double negative — for the quoted by federal Treasurer Joe Hockey mere child minding. Quality early learning children who miss access to early learning in making the case for increasing involves qualified professionals delivering opportunities, and for their parents who Australia’s low rate of female workforce age-appropriate play-based programs. are then unable to re-join the workforce. participation, which ranks as the fourth Quality early learning magnifies Both sets of lost opportunities carry big lowest in the OECD. children’s development, their social costs for Australia that will accumulate competency and their resilience, and is Public investment should mirror the over time. very much in the public interest. A study of public interest, and the public interest 2000 Australian children found that those Price Waterhouse Coopers has produced case for investing in childcare and who attended a quality preschool with some modelling of the benefits of quality early learning is very strong. a degree- or diploma-qualified teacher investing in quality early learning. The National Commission of Audit, achieved around 30 points higher on They estimated a threefold benefit to the Henry Tax Review, the OECD Going for their Year 3 NAPLAN tests. A long-running the future productivity of the economy Growth report, and the recent Productivity study tracking 3000 English school over coming decades — $6 billion from Commission Inquiry into childcare and children, now up to age 16, found that increased female workforce participation early learning have all recognised this. children who had attended more than if childcare costs were made lower, It is in the public interest for more children 2 years of quality preschool finished their $10 billion in improved productivity from to start school ready to learn. This not only GCSE examination (Year 10) with scores the benefit of raising the quality of early gives children the best start, it also saves on average around 51 points higher than learning, and a whopping $13 billion the public many millions of dollars. It is in those who did not. This represents the from increasing the participation of the public interest to provide additional difference between getting 8 GCSE at vulnerable children in early learning. support and early intervention for children ‘B’ grades versus 8 GCSE at ‘C’ grades. Price Waterhouse Coopers’ modelling also facing disadvantages, and the first five found that while there was a short-term Reflecting the overwhelming case years provide a crucial short window fiscal cost to making quality early learning for the importance of quality early to redress the development gap. It is in more accessible and affordable, in the learning, the commonwealth and the public interest to remove barriers to medium and long term it more than all 8 state and territory governments women’s workforce participation through paid for itself. agreed to a landmark National the provision of affordable early learning Quality Framework (NQF) to raise the and care for their children. And it is in the quality of early learning in Australia public interest to invest now in Australia’s just five years ago. It is particularly future economic productivity by investing pleasing to note that this support is in the learning capacity of our future bipartisan, with both Coalition and workforce. Australia invests far less in Labor governments championing making quality early learning accessible the importance of the early years. and affordable than most industrialised Though Australia is playing serious countries. That needs to change. catch-up with much of the rest of the As a nation, we should not leave any of world, the decade-long reform process our children behind. We cannot afford to. in the NQF gives us a pathway to get there.

56 Who speaks for and protects the public interest in Australia? Section 8: Funding the public interest

Essays by notable Australians 57 The merits of an efficient social purpose capital market Michael Traill AM

Michael joined Social Ventures Australia (SVA) as founding CEO in 2002 after 15 years as a co-founder and Executive Director of Macquarie Group’s private equity arm, Macquarie Direct Investment. Michael is Chair of GoodStart Childcare Ltd, Chairman of the Opera Australia Capital Fund, Assetic Pty Ltd, and a Director of M H Carnegie & Co. Michael stepped down as CEO of SVA to take on an Executive Director role in October 2014.

Throughout my time at Social Ventures If we looked at this in business terms, In the pivotal area of education Australia (SVA) we’ve thought very hard the reasonable conclusion is that we have for example, a 45 per cent real about why it is that despite a generation an inefficient capital market in the social increase in spending in the decade from of economic growth, and in many purpose sector. Quite simply, based on 2000 has seen no material evidence of areas quite significant funding growth, the evidence of what hasn’t changed, positive change. In fact, global data tells the data tells us there hasn’t been large chunks of funding being allocated us that we are lagging on the OECD tables much progress in what to us is the core have too little regard for results. as benchmarked by performance in the moral and economic issue we face in widely respected PISA data. In terms of this country — that many Australians equity, children from bottom 20 per cent live in a cycle of exclusion and cannot postcodes are on average 2½ to 3 years participate fully in the community. behind their peers in the top 20 per cent When ambition and participation in by the age of 15. We are also slipping in community and the economy are limited aggregate performance. by the postcode into which we are born, something is not working.

58 Who speaks for and protects the public interest in Australia? We have learnt much from our Capital. Talent. Evidence. We can each play a part in ensuring experience at SVA of working with momentum for efficient investment These themes are reflected in the a wide range of high performing in social change continues to gather. SVA foyer. If we are to be serious about social purpose organisations that, reconstructing what is in our experience Government, by orders of magnitude, with the requisite funding, can shift an often highly inefficient social purpose is the major funder in the social the dial on issues of disadvantage in capital market, we need to focus on what purpose sector. Where change this country. Organisations like the gets in the road of these things being is happening, it is often driven by Australian Indigenous Mentoring connected consistently. political leaders who understand Experience or AIME (which mentors the need to take risks, be clear about indigenous high school students and If outstanding programs can demonstrate outcomes and use their soapbox to practically encourages and develops with reliable data that their solutions are prosecute the case. As citizens we their educational aspirations) and the both effective and sustainable, why aren’t should demand this of them. Beacon Foundation (now working in these solutions being invested in at a more than 130 schools in ‘tough postcode’ level that will solve the social challenge A pioneering, risk-taking investment areas providing pathways to further they are tackling? In too many cases we like social benefit bonds happened in employment and education) are making have funding by heart, not head. We have Australia because of political leadership. a tangible and large-scale difference. funders obsessed with process and not Brave successful experiments results. We often have no funding for that — like Goodstart Early Learning — Why? most obvious of beneficiaries: well run would not have happened without They focus on evidence and are clear programs and organisations with a track government support for doing something about tracking the efficacy of programs record of results that need support to new, something that carried risk. and documenting what works. do more of what they do well. The social sector too must step up They have outstanding talent with high None of this is simple. Social change to a new way of doing things. It must quality leadership teams and boards is hard, and measuring it is hard too. be explicit and brave in measuring committed to their mission and bringing But while defining performance the outcomes of work and programs. passion and experience to their task. expectations and target outcomes in This includes being transparent As a result they have been very good the social purpose world is much more when things don’t work as intended, at accessing capital, i.e. the sustained challenging than business metrics of and candid recognition that the most philanthropic funding and support they performance, we must address what valuable learning frequently comes need to continue to grow the reach it takes to do this better. from failure. of their work. There are promising signs afoot. The philanthropic community also The bellwether GoodStart transaction, has a responsibility to apply capital in which $165 million of capital was Governments globally, and here, in a more strategic and rigorous way, raised from a unique cocktail of funders are increasingly focused on being using the same energy, intellect and including conventional bank debt, federal explicit about outcome measurement, focus that frequently drove wealth government debt funding and a new and measurement approaches like creation in the first place. There is too breed of impact investors who invest for Social Return on Investment (SROI) much ‘spray and pray’ philanthropy and financial and social return, highlights the analyses are increasingly being used. not enough rigour and discipline from different and innovative thinking that The growth of impact investing that those who should apply the same skills is needed if we are to be serious about underpinned the GoodStart transaction to their philanthropy as they usually did addressing the compelling public interest — using financial instruments to in building their wealth. case for driving social change. GoodStart pursue both social and financial successfully acquired 700 childcare The education data that shows our returns — is another encouraging sign. centres from the failed ABC business. investment in the critical human capital It’s a compelling approach for two It works as an effective $800 million that will drive our nation forward is main reasons: it attracts new capital revenue social purpose business significantly inefficient should be to social challenges, and it requires because it is clearly focused on driving a call to arms for all of us. We must measurable outcomes to distribute performance — both business and social build a smarter social purpose capital returns, a powerful incentive. outcomes — and is run by a high quality market to change that trajectory. management team and board, and this combination has enabled large scale capital access.

Essays by notable Australians 59 Funding the public interest Ross Buckley

Ross Buckley is the CIFR King & Wood Mallesons Professor of International Finance Law, and a Scientia Professor, at the University of New South Wales. His principal field of research is international financial regulation, focusing at the moment on the regulation of digital financial services. He co-edits the International Banking and Finance Law Series and the Global Trade Law Series of Wolters Kluwer of The Hague. He has consulted to government departments in Australia, Indonesia, Vietnam and the United States. He has twice been a Fulbright Scholar and many times a half-bright scholar.

The public interest must not only be The standard practice for multinational If a multinational corporation begins articulated and defended, it must be corporations today is to locate their life in a low-tax jurisdiction, royalty funded. World-wide, most governments intellectual property (IP) in a low-tax payments for the use of IP flowing of developed countries struggle jurisdiction and charge very substantial back into that jurisdiction may be with insufficient tax revenues. This is licence fees to their operating subsidiaries defensible. However, this is almost never unsurprising. Voters generally want in high-tax jurisdictions to use the the case. These companies begin life the services governments provide and intellectual property. The result is in high-tax jurisdictions because they resist funding them through taxation. that the great majority of corporate benefit from their advanced educational, However, current funding shortfalls profits end up in a low-tax locale. legal and financial systems. It is only are not caused by an inadequacy of A recent example in Australia saw Apple once established and highly profitable personal taxation revenue as much paying only $80 million of tax on over that a company typically transfers its as by an inadequacy of corporate $6 billion of revenue for the year 2014. headquarters or, more commonly, taxation revenue. This is a direct result While the precise details of Apple’s the locus of ownership of its IP assets, of economic globalisation and the shift taxation situation are confidential, to a low-tax country. This is an entirely to the knowledge economy. In the days Apple is not selling low-margin products. artificial legal device to minimise taxation when companies were national and paid It competes on the basis of quality and and the fact that the governments of tax where they earned profits, corporate innovative design, not price. the world, acting through the G20, taxation revenue streams were larger. have not already stamped out this practice exemplifies the political power of major multinational corporations today.

60 Who speaks for and protects the public interest in Australia? Certainly, most of the value of Apple’s Then again it should have been relatively Instead the government of the day products lies in the IP embedded easy for the former Labor government attempted to make its initiative politically in them. Likewise, most of the value to make the case for their carbon tax. palatable by offering a complex package of Starbucks lies in the ambience of its The cut-through argument was that of some ten inducements ranging stores and the innovative drinks and hard work and effort are good and as from increases in individual tax-free products they sell — surely few people such should be taxed as lightly as possible thresholds and in some pensions and enjoy the coffee. But while the core through income tax, whereas carbon benefits, through to a complex raft of value of these companies lies in their IP, emissions are bad and threaten the benefits for business, especially for small there is no defensible reason why they entire future of agriculture in Australia businesses, and farmers. The complexity should be allowed to transfer their IP to and our coastal communities and of the countervailing measures meant a low-tax jurisdiction and the world’s so should be taxed heavily. that none cut through politically. major nations are quite able to pass The carbon tax was mostly seen as yet Before enacting a carbon tax, laws to prevent and unwind this practice. another impost from government. the government could have passed However, taxation appears to be one a law mandating that every dollar The carbon tax should never of the most difficult policy issues for raised by way of the carbon tax would have funded the public interest contemporary democratic governments. be returned to individual Australians. — its mere existence was strongly in the The recommendations of the Henry The funds could have been returned public interest, and the confused thinking Review in Australia lie gathering dust in a variety of ways. My choice would in this regard means that not only does some five years after the report was have been to return all carbon tax the world’s driest continent not have handed down. It should be relatively revenues equally to all Australians by an effective carbon reduction scheme easy for rich country governments to way of a single government payment today but we also let slip the opportunity make the case against profit-shifting into their bank account on the first of of proving to the world that a carbon by multinationals to low-tax countries. December each year. Most families find tax can work well without causing Yet precious few governments globally Christmas and annual holidays financially economic disruption. today are resolutely attempting to do so. challenging. A sizable cash payment every The factors needed to make this Campaigning politicians still prefer to year on the first of December would have important policy measure politically offer less taxation and more services. had tremendous appeal. viable were clarity and imagination — Yet this is only achievable by removing Economists will argue against collecting the two factors, together with courage, public service inefficiencies, and in the income tax and returning other revenue that are usually missing when politicians main in Australia our public service has in payments on efficiency grounds and consider funding the public interest. been pruned back so hard that much of call instead for income tax rate cuts. its deep expertise and capacity to perform But again the packaging of the reform well have been lost. Surely it is time for matters enormously, and if one wanted a mature conversation between voters to go this way, I’d have argued for and their leaders as to how promises will a rebate on taxes for all Australians of be funded, and surely a major part of the a set amount (being the total carbon answer is the taxation in Australia of the tax revenue divided by the number of real profits earned here. Australians), coupled to payments to Australians who don’t pay income tax. Rebates or cash payments are more concrete and attractive than raising tax thresholds or tinkering with tax rates. A law that required every dollar raised by the carbon tax to be returned directly to the people would have changed the debate.

Essays by notable Australians 61 Financing the federation Alan Morris

Alan Morris is the former Chair of the Commonwealth Grants Commission and also undertakes consulting and advisory work for AusAID and the World Bank. His prior appointments have included: Executive Director for Australia, Korea, New Zealand and Egypt at the European Bank for Reconstruction and Development, London; Secretary, Department of Premier and Cabinet, Tasmania; Secretary (Chief Executive Officer) and Secretary to Cabinet, Department of the Chief Minister, Northern Territory of Australia; Assistant to Executive Director, International Monetary Fund, Washington DC; Chief Financial Officer, International Finance Section, Australian Treasury; and First Assistant Secretary, Department of Finance, Papua New Guinea.

According to the Australian Constitutional Establishing a sound structural and These general questions are relevant Values Survey 2012, around two-thirds institutional framework (which in this in thinking about the way in which the of Australians do not believe governments instance we might call the architecture federation is financed. The architecture (in Australia) work well together, of the federation), while obviously for financing the federation has and believe the federation needs reform. highly desirable, is not of itself been in place, essentially unchanged, guaranteed to produce sound outcomes. for over thirty years. The specific While it is perhaps surprising that the Robust institutional arrangements can questions are — whether we can improve proportion of Australians who think our be rendered ineffective by the way key and strengthen the way the federation governments do not work well together stakeholders in a position to influence is financed, whether the principles and is only two-thirds, the conclusion that outcomes behave. Is it the apparatus and objectives that have remained essentially reform of the federation — even if architecture of the federation that needs unchanged over three decades continue it could be achieved — can, and will, reform, or is it the processes surrounding to be appropriate, and, if change is bring about a strong and effective the working of the federation that need called for, whether a common sense of working relationship between and among to change? purpose can be found among the nine governments seems at best untested, commonwealth, state and territory and probably quite unwarranted. governments of Australia?

62 Who speaks for and protects the public interest in Australia? Australia has a comprehensive HFE is not, as doorstop interviews and objectives of equalisation and whether process for financing the federation — ahead of ministerial council meetings these continue to serve the interests of our possibly the most comprehensive process might encourage us to conclude, a plot contemporary federation. This discussion of any federation internationally. This is to deny any state a just and equitable should not be put off any longer. It would fundamentally driven by the high degree of share of the total funding available. be regrettable if dissatisfaction in some vertical imbalance (VFI) in our federation. Without unwarranted intrusion on the states about their share of the GST In simple terms, the commonwealth raises policy and priority prerogatives of the state, pool were to be the basis for advancing more tax revenue from its tax bases than it its objective is to permit states, in ways the debate on changes to the way the requires to fund its own obligations, while of their own choosing, to provide equity federation is financed. Without a continuing the states (and territories) have expenditure in access to and quality of services for commitment to equalisation, the system obligations which far exceed the revenue their communities. of fiscal transfers will inevitably lead they can raise from their own tax bases. to increasing inequity across Australia, The major criticism levelled at HFE from the This demands a system of fiscal transfers with the states and territories with doorstop is paradoxically an admission that from the commonwealth to the states weaker economies, weaker revenue bases the process works! States do not receive and territories. and more pressing expenditure burdens equal per capita shares of the GST pool bearing the consequences. Currently commonwealth fiscal transfers because their needs are not the same. to the states and territories total around And their shares of the available funds Is this what the Australian $100 billion per annum, of which more do vary over time, reflecting changes community wants? It is difficult to conceive than half take the form of untied general in their relative fiscal circumstances. that the Australian community would revenue assistance (the distribution of want a system that will inevitably lead There have been several reviews of the goods and services tax [GST] pool). to increased systemic inequity between equalisation over the years. Most have While the significance of these transfers the states and territories and between concluded that fundamental change to to state budgets varies, in aggregate Australians throughout the country. the GST distribution system is not required. they represent about 45 per cent of Equity ranks high in the way we think about The 2012 GST Distribution Review, total state revenue. Given the states’ ourselves and is a foundation stone of who for example, found the current system to responsibilities for the delivery of services we are as a people. The doorstop interview be well established, internally consistent that are fundamental to the public interest, does little to advance rational and balanced and working satisfactorily if the goal and this order of magnitude is significant. discussion about the principles on definition of equalisation as currently set which the federation is to be financed. The second part of the fiscal architecture out is accepted. is the way these transfers are allocated The questions of what is the national This should not be taken to mean that across the states and territories. This is public interest and who would shape and improvements to the current system the principle and practice of horizontal fiscal speak for it are questions that concern should not be contemplated. It is time equalisation (HFE), a poorly understood all Australians. While all Australians to acknowledge that HFE cannot do but very powerful principle encapsulating would welcome the provision of better all the financial heavy lifting in the a simple concept. It is essentially about services, would they do so if this were federation — there are issues of national promoting equity for Australians in very to be achieved at the expense of other priority beyond equalisation that HFE is different circumstances. Its aim, as far as it members of the community and sometimes assumed to address, but which is possible to do so, is to use fiscal transfers a less equitable federation? it is not designed to, and does not, do. from the commonwealth to the states and One of the more obvious of these is Might there be better ways to finance territories to equalise their capacities to Indigenous disadvantage. HFE can the federation? The forthcoming White provide access to and quality of services and does recognise the costs facing Papers on Reform of the Federation and to their constituents similar to those particular states and territories in Reform of Australia’s Tax System may elsewhere in Australia, notwithstanding providing services to Indigenous people, well identify avenues worthy of serious the very different circumstances they face. but it does not provide them with the consideration. But that is the easy part. resources needed to seriously address The political process to forge consensus entrenched disadvantage. about the need for and nature of change to promote the national interest, and then While there have been reviews, what has to act, is the difficult part. Recent history been lacking is a rigorous discussion among does not inspire great confidence that governments — and between governments this will be done. and the community — about the principles

Essays by notable Australians 63 Section 9: Fresh insights and mechanisms for protecting the public interest

64 Who speaks for and protects the public interest in Australia? A contribution from neuroscience and evolutionary biology Lynne Reeder

Lynne Reeder was formerly Executive Director of Australia21 and remains a Board Director. She has worked in universities in administrative and academic roles, and her PhD thesis examined the international relations theory of global interdependence. Lynne trained as a meditation teacher with Deepak Chopra in the US, and is currently teaching meditation and mindfulness at a regional hospital-based Wellness Centre. With a long-standing interest in meditation and its influence on the brain and nervous system, Lynne recently attended a conference and workshop run by Stanford University’s Centre for Compassion and Altruism Research on new aspects of meditation and mindfulness gained from neuroscience and evolutionary biology.

Any review of the public interest One such researcher, Dr Paul Gilbert and bodies. The result when regulatory should consider the aspects of from the UK-based Compassionate systems are out of balance is individuals human regulatory systems now being Mind Foundation, references getting locked into their threat and articulated within evolutionary biology three systems that regulate drive systems without considering and neuroscience by researchers human behaviour — threat (protection/ the potential damage they can do investigating brain development survival), achievement (drive/pursuing) — as evident in the example of rogue from an evolutionary perspective. and affiliation (soothing/kindness) — traders disrupting financial systems. and contends that these systems are Similarly making public policy decisions now out of balance. Our threat and based on our survival regulatory system achievement systems are working can result in the influential few being overtime, while our affiliation system protected at a time when what is needed urgently needs to be enhanced in is better-developed conditions that order to support our stressed minds nurture social connectedness.

Essays by notable Australians 65 Understanding this will assist us to If Australia is to contribute to new The Australian parliament signed move beyond the regulatory systems of ways of progressing the debate the Charter for Compassion on threat/survival and drive/achievement to on the public interest, then both 10 January 2010, the first time the Charter better develop our affiliation/soothing the structure and content of social had been recognised in a parliament regulatory system. However taking contracts need to be considered. anywhere in the world. Danielle Lauren care of the welfare and wellbeing of the With regards to structure, The Politics then consulting for Australians for majority (in contrast to the selfish interest of Compassion notes, ‘compassion is a United Nations High Commissioner for of a person or group) will require the political emotion that promises to help Refugees had collected over 100,000 community and government at all levels sustain stable democratic communities, handwritten signatures supporting this. to protect the public interest when making expand the scope of moral and political She noted at the time that the Charter complex public policy decisions, and to responsibility, and motivate reparations provided ‘a wonderful opportunity to put in place the frameworks to deliver for the violence that haunts post-conflict spread the principle of compassion to fairer policy outcomes. Improving public and post-colonial societies’ (Ure & Frost our leaders to help make Australia a interest outcomes will require a greater [eds], 2014:5). Models of compassion more compassionate society for all’. focus on community wellbeing and that incorporate the public interest The then Parliamentary Secretary for social connectedness. are already in place. Social Inclusion also said ‘For those of us who work in this place, the Charter Studies have shown that higher levels I recently attended a Stanford University reminds us that it is not just the legislated of social connection support more conference on the Science of Compassion laws that shape a nation, but the way trusting and cooperative behaviour, addressed by four US mayors who have in which we behave to each other.’ and as a consequence recipients are committed to making their municipalities However for the Australian parliament more open to trusting and cooperating compassionate cities. These mayors to move beyond simply being a signatory in return. This is not new research. referenced a model being developed will require improved understanding of In The Descent of Man, Darwin argued as part of the Charter for Compassion the way in which our three regulatory that ‘communities that included the set up by Karen Armstrong with funds systems influence policy development. greatest number of the most sympathetic received when awarded the best TED talk For example it is clear that current members, would flourish best and rear in 2008. This Charter is working with over asylum seeker policy is very much the greatest number of offspring’. 230 cities world-wide to create a network anchored in our threat and drive systems. of people caring about the way in which Recognition of our interdependence their communities work for the wellbeing Of course the notion of compassion and the increase in scientific data of all, including in business, in healthcare, is not without its critics; it can be demonstrating the significant benefits in education, in government, in faith confused with pity and with being of compassionate and integrated groups, and in caring for the environment. patronising, and in our 24-hour news behaviour are important components The Charter states that creating cycle compassion fatigue is also a factor. in progressing societal wellbeing. a compassionate city requires two More importantly compassion needs to Compassion is an important trait of kinds of leadership — from the bottom move beyond platitudes when influencing the affiliation system and has a place to up through neighbours, places policy outcomes with measurable impact. play in increasing social connectedness. of work, community groups and So at a time when evolutionary biologists The recent Stanford University schools, and from the top down in are telling us that compassion is critical conference concluded by posing the offices of all levels of government. to our resilience and social cohesion, the emerging research question: The result is communities committed it is concerning that Antonio Guterres, ‘What are the factors in our society to making compassion a driving force UN High Commissioner for Refugees, that separate us, and stop us caring?’ with a measurable impact. recently reflected that the international At this time in Australia’s history we community (of which Australia should be should also be asking, ‘Given that the a significant contributor) has largely lost Australian parliament is a signatory to its capacity to prevent and solve conflicts. the Charter for Compassion, how are our legislators incorporating compassion into all public interest considerations?’

66 Who speaks for and protects the public interest in Australia? Leadership in the public interest Helen Sykes and David Yencken

Helen Sykes AM is the Director of Future Leaders, President of the Trust for Young Australians, Chair of The Australian Collaboration, Vice President of the Council for the Humanities, Arts and Social Sciences, Associate of Melbourne Sustainable Society Institute, Member of the Future Justice Executive, Summit Governor of the Hillary Institute, and Board Member of the Public Interest Journalism Foundation. She has published and edited many books. David Yencken AO is Professor Emeritus and former head of the School of Environmental Planning at the University of Melbourne. He is Patron of the Australian Conservation Foundation. He was the inaugural Chair of the Australian Heritage Commission and the former Secretary for Planning and Environment in the Victorian government. He was later the founding Chair of the Australian Collaboration. He has written, co-authored or edited eight books.

No fundamental social change occurs History shows that the public interest can and nurturing of the physical environment merely because government acts. vary over time and between societies. as the source of sustenance and life. It’s because civil society, the conscience These are, nonetheless, ideals that every They ask that we maintain decent of a country, begins to rise up — nation should have for the wellbeing of standards of living for all citizens and thus demand — demand — demand change. its citizens. For Australia they include the a fair and efficiently operating economy. (Joe Biden, Vice President of the protection of core values of democracy They mean that our artistic and cultural United States) and society and the proper care of heritage and traditions are treated with its people. They require the protection respect, support and encouragement.

Essays by notable Australians 67 Many of these ideals, core values and There are other reasons why this sector The second step would be to submit social needs are under serious threat. is ideally placed to take a leadership role. this list to a consortium of academics One forceful way of confronting this One is the rich array of skills covering from Australian universities for checking, challenge would be to try to reach the widest range of issues to be found review and further development. agreement across Australian society within it. Another is the standing of When the academic review is about the major issues facing the the sector in the eyes of the public and completed a series of ‘citizen parliaments’ country and to focus attention sharply the trust in which it is held. Edelman, would be an ideal way to test and on them. How might that be done and the global public relations company, promote the research findings with who should take a leadership role? has just released the findings of its community members. All community Government clearly has a major role to 2015 Trust Barometer. Once again the consultations should have multiple aims: play but the deficiencies of the political survey shows that non-government to gather further valuable inputs, to create system in dealing with critical issues organisations (NGOs) enjoy the a learning environment for all concerned, facing Australia and the world are all highest levels of public trust, ahead of and to gain the greatest amount too apparent. Business has its part government, business and the media, of media attention and reporting. but works to its own rules so while it although disappointingly the level The civil society sector would have is an important source of enterprise of public trust in all institutions has the responsibility for promoting the and wealth generation for the country, fallen this year. The drop in trust for findings of the research, individually it is not principally focussed on the NGOs has only been small, however, and collectively, so that they become key broader public interest and often works and still leaves this sector highest issues regularly taken up in the media, contrary to it. The university sector has ranked and well-placed to take the leading in turn to pressure on all political a critical role in carrying out research, lead in promoting the public interest. parties to respond and incorporate promoting research findings and making What stops the civil society sector into their policy commitments. Ideally its undergraduates and postgraduates acting more vigorously? Key problems the exercise should be repeated at aware of societal issues, but it rarely are its fragmentation and lack of regular intervals. The ongoing research takes the main initiative in promoting resources. Australia is a rich pluralistic team should be a dynamic group new policies to protect the public interest society within which many different constantly kept alive with the injection except through the views expressed by voices speak out freely for the causes of new voices, ideas and energy. individuals in university communities. about which they are concerned. Neither old nor new media are likely Funding of the project would no doubt But such diversity can blunt a sharp to don this mantle. be a challenge. Every effort should be focus on the most important issues made to ensure that the funds needed There is another major sector, and thus the likelihood of the media come from the combined resources of the civil society sector (or not- or politicians paying serious attention. civil society organisations, universities for-profit or non-government A challenge for the sector is how to and philanthropy and not from sector), which could play a lead role make the most effective use of its business and government. in bringing about change that serves diversity and skills to generate a list of Australia’s public interest. The Australian Sir Gustav Nossal reminds us that: critical issues and get wide agreement Productivity Commission in its 2010 ‘Community leadership is the about them. This could, no doubt, be done ‘Contribution of Not-For-Profit courage, creativity and capacity to in many different ways. Since there is not Sector Report’ points out that the inspire participation, development space to explore alternatives in any depth, Australian Bureau of Statistics (ABS) and sustainability for strong we focus here on two key principles that ‘identified 59,000 economically communities.’ Australia’s civil society should inform the task and one proposal significant NFPs, contributing $43 billion sector is well placed in Biden’s that might produce a powerful outcome. to Australia’s GDP, and 8 per cent of words to rise up, demand change employment in 2006–07’. In support The principles are that the work undertaken and show that leadership. of greater recognition for the sector, should fully engage the civil society sector the Productivity Commission and that it should be intellectually rigorous. Report also notes that ‘the level With these two principles in mind we of understanding among the suggest that a representative group of civil wider community of the sector’s society organisations should take the first role and contribution is poor step by preparing a preliminary list of the and deserves attention’. most important issues facing Australia, inviting the widest possible inputs.

68 Who speaks for and protects the public interest in Australia? Leading police in the public interest Mick Palmer

Mick is a police officer with extensive experience in police leadership and reform in community, national and international policing in a 33 year career. He served as Commissioner of the Northern Territory Police, Fire and Emergency Service agency in 1988–94 and as Commissioner of the Australian Federal Police (AFP) from 1994 until March 2001. Since retiring from policing in 2001 Mick has conducted a range of government inquiries and reviews, including the inquiry into the immigration detention of Cornelia Rau. He is a former member of the Alcohol and other Drugs Council of Australia and is currently an adjunct professor with the School of Criminology and Criminal Justice at Griffith University. He is a Director of Australia21.

The question of how well policing A range of issues quickly identified As wealth, prosperity and public serves the ‘public interest’ has been alive themselves, however, which continue expectations increased, politicians throughout the development of modern to create tensions within the practice found themselves under ever policing since its creation in London by of policing and for police leaders. increasing pressure to reduce crime the Home Secretary, Sir Robert Peel in 1929 rates, increase conviction rates The office of constable is as a response to the urban disorder that and improve public safety. independent and the exercise of accompanied industrialisation. lawful, discretionary, arrest and other While the government dictates the The role of police in these early days was powers is a matter requiring individual, size of police service budgets and essentially to protect those with status and not organisational, judgment. the policy objectives and priorities property from those who had little or none. against which police performance and The concept of community policing, As a consequence, policing adopted effectiveness are judged, the general easily practised in the early days of a military style structure in which command public independently make their policing, became a more complicated and decision-making rested at the top of assessments of policing performance challenge as communities grew in size the organisation and subordinates followed and not infrequently come to different and mobility, and crime and criminality orders. In this early environment, crime conclusions on how well police serve matured from humble local beginnings was local and usually unsophisticated, their general wellbeing and safety. into a creature with national and offenders were generally easily identified international tentacles. and a police officer’s beat was the town or village in which he or she lived. Leadership was simple and uncomplicated.

Essays by notable Australians 69 The tragic stabbing murder of Stephen ŸŸSo how, in this increasingly complex Peter Villiers, in his chapter on Leadership Lawrence, a young black man, by white and publicly examined policing world, by Consent in the text Police Leadership racists in London in April 1993 graphically can police leaders’ best ensure that in the 21st Century, identifies a critical illustrates these tensions. Police were police strategies and operations combination of factors that good police not criticised for failing to prevent the do appropriately and fairly serve leaders need to keep in mind if police killing of Stephen Lawrence but for the public interest? are to operate with minimal force and how they reacted and responded to it, maximum community cooperation. The challenge for police leaders is to including their lack of professionalism Many of these have assumed greater create an environment where the vast on the night of the crime and in their importance in the post 9/11 environment. majority of what police do is done subsequent investigation. In the with the consent of a community They include the need to: Lawrence investigation, the police service which trusts them, what they do and as well as individuals was found at fault. ŸŸUphold the rule of law the way in which they do it. The reality This was a major failure of leadership. ŸŸResist acting as political police, is that effective policing cannot operate and deal with crime on its Effective response in such without the support of the community. ordinary merits circumstances is at the core of This is more, not less, important in an policing in the public interest. environment of uncertainty, instability ŸŸMaintain a visible presence and extremism-driven fear than in calmer, in the community Police leaders have a responsibility to more stable times. ŸŸRetain a civil not a paramilitary role assess competing risks and operational priorities and identify who are the most In the post 9/11 climate, tough decisions ŸŸPrefer to use persuasion rather vulnerable and exposed members and actions will be necessary and than coercion wherever possible of our society, what is being done to sometimes unavoidable. However, every ŸŸExercise the official power of the protect them, and what more can effort must be made to ensure they are law only as a last resort realistically be done to do so. justified and proportionate. Attention to ŸŸAttempt to balance the rival interests at detail has never been more important, The events of 11 September 2001 added stake in any conflict and find solutions nor has the preparedness to admit a new dimension to these responsibilities in which no one is the absolute loser fault and accept blame. in ways never previously contemplated. ŸŸDefine ‘other duties’ inclusively While police have responsibility to rather than exclusively The myriad of counter terrorism related respond to all crimes, requests and responsibilities created by ‘9/11’ and ŸŸDemonstrate, by actions, that complaints, the challenge is to perform its continuing aftermath altered and the idea of police being a friend is these duties fairly and impartially: to be increased policing priorities and led to not entirely mythical. as prepared to listen to the complaints of more autocratic, centrally controlled the minority as to those of the majority, These factors, if reflected in police policing and greater political involvement to assess the concerns of the powerless practice, will be a clear demonstration in policing operations. These changes as carefully as those of the powerful, of policing in the ‘public interest’. made it more difficult to maintain and to understand not only the behaviour The challenge for police leaders, in this an operational environment which: they are tasked to investigate, but also the current autocratic, centrally controlled ŸŸencouraged discretion and reasons for it. To do otherwise is to risk world, is to have the courage to afford personal judgment, a culture of rejection which will operate their members sufficient trust and ŸŸensured a fair and even-handed to further divide an already fragile society. autonomy to exercise their individual approach was applied to operational discretions in accord with them, to do all People with influence create pressure decision-making, and, within their power to ensure their officers and governments are too often swayed are trained and enabled to act more as ŸŸfacilitated police serving their by pressure. This does not always lead to a police service than as a police force. communities fairly, proportionately, a just and equitable response and police impartially and in the communities’ leaders are often caught in the middle It has often been suggested that police best interests. of political, community and sectional are street corner politicians whose interests. When this occurs they must essential role is to negotiate between be prepared to act apolitically, honestly conflicting parties and find a solution or and fearlessly, no matter how unpopular, way forward. This role has never been with some stakeholders, this may be. more difficult or more important.

70 Who speaks for and protects the public interest in Australia? The voice of the people — kitchen table conversations Mark Spain

Mark is Chair of SEE-Change ACT and leader of the Belconnen SEE-Change group discussed below. He works as a professional facilitator and is a leader and learner in developing systems, structures and processes that build innovation, curiosity and high-trust relationships with people and their organisations to produce sustainable business results. He is particularly passionate about implementing sustainable and ethical business management systems that build success for all players, and for the future.

I think the public interest can be better Kitchen Table Conversations (KTC) were meeting where journalists saw the first served when citizens become active used in several projects by Mary Crooks signs of Kennett heading towards a loss agents in collective decision making. at the Victoria Women’s Trust over at the next election. The second project, I am one of ten members of the several decades. The first project conducted during the long drought Belconnen SEE (Society Environment called Purple Sage engaged women in Victoria, brought scientists, citizens Economy) Change group which decided in café conversations about what was and government together as partners to test a model of engaging local citizens important to them during the time of in a process that empowered citizens in a series of conversations in their the Kennett government. This process to have Kitchen Table Conversations homes with their neighbours. strengthened Mary’s courage to ask Jeff about the role of water in their lives and Kennett a question at a public town hall how it could be managed effectively.

Essays by notable Australians 71 This project was called Watermark The group then invited members of The organising group has now collated and the report it produced still informs the public to a meeting to explore the reports of the 24 hosts and decision-making about water across ‘How to be a Kitchen Table Conversation 180 people involved into an overall rural and urban Victoria. The third project Host’, attended by 80 people. A host kit report published on the SEE Change called Voice4Indi involved engaging was given to those who wanted it and website at www.see-change.org.au/ citizens in the federal electorate of hosts were given 8 weeks to host two voicesofthepeople and distributed Indi in conversations about what conversations with up to ten neighbours. to all participants. was important to them. This project The first conversation explored The organising group is encouraged by contributed to the momentum which the questions: ‘What is important the participation and goodwill generated led to the election to parliament of to you? What are your concerns? by this project and would now like to independent Cathy McGowan in a safe What are your hopes?’ The second make the Host Kit and methodology Liberal seat held by Sophie Mirabella. conversation explored: ‘What needs available to more people with the to change? What action will you take?’ The Belconnen SEE Change group invited intention that community groups of all The host kit also explained how the Mary to Canberra to run a workshop on political and social persuasion will form host could find a scribe to record each of how to design and run a KTC process a Canberra Alliance to continue the Voice the two conversations. Host and scribe to listen to the voice of people of the People Project. The Belconnen checked with each participant that the in Canberra. The group experimented SEE Change Group will provide the record accurately reflected their views with two types of conversation, one Host Kits and support each group to run and adjustments were made before starting with participants pre-reading and report on their own public meetings. each host submitted their report to the a one-page conversation starter on organising group. Twenty-four hosts This project has strongly demonstrated a broad social topic written by one of from across Canberra submitted their that when the right forums and avenues the group members, the second asking reports by 30 November 2014. for engagement are created, citizens participants to do no preparation actively involve themselves in public but to speak to the question ‘What is On 3 December the SEE Change interest expressions of democracy. important to you?’ Both conversations group held a KTC Hosts Debriefing included ten participants. A ‘talking workshop attended by 25 people. piece’ was used which entitled only Hosts had completed an online survey the person holding the piece to speak, beforehand and discussion focused on the intention being to create a climate what worked well, what would be done of respectful listening to all points differently next time and what the hosts of view rather than one in which had learned. While hosts had a positive some dominant participants argued experience, many would have liked more their views while those who were diversity and differences in their groups. more reserved felt excluded. These conversations were engaging and interesting and people were pleased to hear the similarities and differences in each other’s views.

72 Who speaks for and protects the public interest in Australia? Defending the public interest through community organising Phoebe Howe

Phoebe Howe is the training program director of the Australian Youth Climate Coalition. She has supported hundreds of young leaders in campaigns to change the direction of climate change policy in government and businesses in Australia. She is a board member of Climate for Change, an organisation conducting kitchen-table conversations to educate and engage people on climate change. As a student at the ANU, she founded a community climate action group whose campaign contributed to ambitious climate legislation in the ACT.

The community organising process Community organising has been Community organising can teach for discussing values and issues such described as the power of organised individuals and groups about how as what is in the public interest leads people versus organised money. power operates. Many are disillusioned to public action that can see vision Where people have taken coordinated with world affairs and feel powerless to brought into reality. Participating in action in large numbers, they have change anything. Community organising the process can teach individuals about subverted the powerful forces of those is about transforming that feeling into power, develop skills fundamental to who have more resources. People have empowerment with the confidence constructive public debate, and give put their bodies in front of weapons in to act. The Australian Youth Climate a voice to marginalised people who non-violent actions for independence in Coalition (AYCC) for example empowers have valuable insight in mainstream India, or for civil rights in the USA, and won young people to have their say on climate culture. At a time when opportunities major change. However the basic process change, where they have little say over for fostering strong public conversations of community organising in itself impacts decisions that will disproportionately are lacking, community organising should on society’s capacity for healthy debate affect their future. In late 2013 the AYCC be nurtured. that can defend our public interest. called on a major construction company

Essays by notable Australians 73 to withdraw its funding bid to expand A community organiser invests in In 2014, Pacific Islander activists a major coal port. Young people had to respectful relationships. A key skill is peacefully blockaded the world’s largest understand what would influence the identifying shared values among the coal port in Newcastle with traditional company’s decision-makers: internal individuals or groups they are organising. canoes. After years of lobbying foreign pressure on staff. After four months of Organisers must be expert listeners, able governments for international climate direct conversations with staff outside to hear behind emotion or opinion in a action with no result, and facing company headquarters, internal heated conversation the fundamental losing their homelands underwater, questions and complaints, the company values and concerns of the speakers. their catchcry was ‘We are not drowning, withdrew their bid. These young people The Sydney Alliance, mentioned by we are fighting’. The sea level rise caused had a transformational experience, seeing Amanda Tattersall in this volume, teaches by climate change, now claiming their firsthand how power works, building effective listening. The organising model homes, gave them no choice but to fight. their own power base, and exerting of the Alliance is grounded in relational This act of civil disobedience by telling this for the public interest they shared: meetings, meetings with no agenda a different story about the effects of climate change mitigation. Community which consist of telling your own story, climate change caught the attention of organising creates an environment for hearing another’s story, developing an the media. The human face of climate public debate by activating individuals understanding of what the other values, change moved Australians, who are with the knowledge that it is possible and seeing where those values coincide among the world’s highest per capita to create change. with your own. Relational meetings emitters of carbon pollution, in ways that quickly build the trust that makes scientific facts or news reports of distant Community organising can also teach organising possible. Groups as diverse disasters could not. Dozens of Australians the skills to successfully engage in as Jewish and Muslim representative joined their protests leading to arrests public debate. Though we may be bodies, which disagree on many things, across the country. The marginalised convinced that participating in debate have taken action together on issues of voices of Pacific Islanders, galvanised about the public interest is valuable, shared concern. Done well, community through a community organising effort it can be difficult to see how to organising provides opportunity and tools and a powerful action, brought climate participate constructively. So much public to engage in effective debate that can change home to Australians in a way conversation is combative, unconstructive construct what is in our public interest we couldn’t see on our own. and offensive, designed to entertain from the best ideas and knowledge and win a point, rather than build shared To defend the public interest, we should rather than the loudest voice. understanding. Many people disengage nurture the processes that strengthen from public debate rather than risk Community organising has grown out our collective capacity to defend it. being harmed by the process. of the struggles of people who have Community organising gives us a been marginalised in systemic ways, chance to learn about our own power and can give a voice to alternative to make a difference. It teaches us how views that shed new light on issues of to engage in the civil debate essential public concern, strengthening public to building an understanding of the debate. People who are suffering due public interest. It gives an avenue for to systemic inequalities have had to fight marginalised voices to be heard, voices for their personal safety, their identity, which can uncover blind spots that or their land. Communities who do not the mainstream are unable to see, experience day-to-day hardship have and thus strengthens our capacity to little reason to agitate and call for change; define and defend the public interest. though they may be concerned about injustices, their physical safety and economic security mean they have a choice. The marginalised often have no choice but to organise and push for change. In doing so they can offer insights to people living comfortably in the mainstream and move public sympathies that can change laws and policies.

74 Who speaks for and protects the public interest in Australia? Community organising aims to win back civil society’s rightful place Amanda Tattersall

Amanda Tattersall is the founding director of the Sydney Alliance, a coalition of religious organisations, unions, educational organisations and community organisations. She has published Power in Coalition, the first international comparison of how coalitions are built. She has an Arts/Law Degree with Honours, and the University Medal for Law at University of Technology Sydney. She was President of the National Union of Students, co-founder of Labor for Refugees (and for a time a member of the ALP), and completed her PhD both at the University of Sydney and as a fellow at Cornell University.

In the wake of the Second World War, This can be felt every day in Community organising is a way of Karl Polanyi wrote that the public arena is Australia’s cities. We see it in working that trains and builds citizen made up of three interconnected sectors: declining investment in community leaders inside community-based the market, government and civil society. infrastructure — everything from a lack organisations. Community organisers He argued that democracy thrives when of public transport to unaffordable argue that in order to fix our cities we these three are in balance. If only that housing. First in Sydney, then in other need to fix our democracy. That means were the case today. Since the late 1980s, Australian cities, as well as across we need to build strong and vibrant civil the global influence of the market sector the world, civil society organisations society organisations that act for the has increased and, at the same time, — like churches, schools, unions, common good. civil society has decreased. community and religious organisations — are rebuilding the power of civil society using community organising.

Essays by notable Australians 75 Chicago-born Saul Alinsky was the The alliance’s first campaigns were local. The alliance will hold a campaign grandfather of community organising. The first victory was in Liverpool, in of suburban assemblies in He first organised immigrants and south-western Sydney, where community Sutherland-St George, Western industrial workers into a diverse leaders from religious, union and Sydney, North Shore and Nepean. coalition named the Back of the Yards community organisations advocated The campaign will climax with Neighbourhood Council in the late 1930s. for the creation of ‘15-minute drop-off a 3000-person Accountability Assembly Alinksy created the Industrial Areas zones’ outside six medical centres in — most likely at the Opera House. Foundation (IAF) to spread this success. Liverpool City. The NSW premier will be invited to tell the assembly what he has done Today, community organising In Glebe, churches and unions teamed to progress each of these issues coalitions can be found in more than up with the Glebe Youth Service to after 100 days in office. 60 cities in countries around the world, create local jobs for young indigenous including the United States, Canada, men and women living in Glebe’s public Making leaders and United Kingdom, Germany and Australia. housing estate. In 2013, this culminated building relationships in a 350-person assembly where The Sydney experience Mirvac CEO John Carfi agreed to create The Sydney Alliance is an advocacy an apprenticeship program for local organisation with a difference. The Sydney Alliance translated men and women at the Harold Park Its primary purpose is to help thousands community organising to Australia. Housing Development. of community members develop into The alliance was built slowly community leaders. We say leaders are between 2007 and 2011, with a focus With the 2015 NSW state election looming, made not born: the alliance provides on one-to-one meetings across the alliance spent 2013 running listening training, teams and mentoring that a remarkably diverse array of partners. campaigns across the city. This work can gently and intentionally support These include the Catholic Church, produced our election agenda, which people from all walks of life to take the NSW Jewish Board of Deputies, was launched on March 26 at Sydney on leadership roles in public life. the Cancer Council, the Uniting Church, Town Hall. About 1500 leaders from the Arab Council and the nurses’ union, alliance’s 49 partner organisations came The alliance is creating remarkable among others. Partner organisations fund together to commit to running public relationships between Muslims the Sydney Alliance and supply the people campaigns that could improve transport, and Christians, unionists and who lead it. These leaders are supported housing and job opportunities. Catholics, schools and synagogues. by a small team of community organisers. It is also breathing new life into The proposed solutions included: those organisations, by providing Community organising borrows from ŸŸdropping the extra charges on the them with a means to not just traditions as diverse as Catholic social airport train line to reduce congestion talk about the things that worry teaching, the Jewish self-help tradition and make public transport accessible; them but do something about it. and union action. The alliance’s extensive ŸŸsetting targets for affordable A similar organisation is community organising training uses community and public housing; growing in Brisbane called the texts as diverse as the Bible and Greek Queensland Community Alliance. philosophy, then mixes those traditions ŸŸfunding a pilot employment support There is also interest in community with the experiences of social coalitions worker program to reduce youth organising in places as diverse as like Sydney’s Green Bans movement unemployment by helping people Adelaide, Melbourne, Auckland and and modern-day heroes like Gandhi. from disadvantaged communities get and keep jobs; Newcastle. Civil society may have its work cut out for it, but in Sydney and ŸŸmaking every train station disability Australia it is making a comeback. — and pram-accessible by 2020. Reprinted with permission from The Conversation 25 August 2014.

76 Who speaks for and protects the public interest in Australia? Decisions by the people: Melbourne City Council’s experiment Michael Green

Michael is a freelance journalist in Melbourne. He writes about environmental, social and community issues. This article was first published in The Age in December 2014.

When Shuwen Ling received the letter She was one of 6500 people who received The panellists were posed from the City of Melbourne, she thought the letter, 600 who responded, and finally, this question: ‘How can we remain it was spam. Or maybe it was a fine? 43 who were randomly selected one of the most liveable cities in the ‘It was on good quality paper,’ she to reflect the city’s demographics. world while addressing our future says. ‘But when I read it carefully, I Their task? To make recommendations financial challenges?’ I spoke with thought: “This is pretty cool”.’ Ling is on the council’s budget for its first ever five of them, including Ling, from the nearly 20 years old and it’s three years 10-year financial plan — spending that is panel’s inception to its aftermath. since she left her hometown, a few worth, in total, up to $5 billion. Citizens’ The process began in August. In the hours from Kuala Lumpur, Malaysia. juries, such as this one, are being used following weeks, panellists spent She studies finance and civil engineering increasingly often around the world. six Saturdays hearing evidence from at the University of Melbourne and lives They’re another kind of representative councillors, staff and experts of their in an apartment near the Vic Market. democracy, one that steers policy making own choosing. They read reports, away from the entrenched positions of did sums, asked questions, political parties, lobbyists and squeaky and wrangled over the answers. It was wheels, and towards the considered a bigger commitment than they’d voices of ordinary, well-informed citizens. expected, still most poured themselves In Melbourne, the ‘People’s Panel’ was into the challenge. But would the council coordinated by the new Democracy act on their recommendations? Foundation, a not-for-profit research organisation that says it’s aiming to move our democracy out of ‘the continuous campaign cycle’.

Essays by notable Australians 77 When Maria Petricevic enters the first The panellists split into small groups Panellist Renee Hill recently moved to session, she feels a little intimidated. for a ‘speed dating’ session with Kensington with her partner. She works in Dr Petricevic is a Collins Street dentist councillors and senior staff. With the marketing in the finance industry, and her — her practice overlooks the town hall. weight of town hall above them, and primary worry is about how the city is ‘I was scanning the room and thinking: established voices in their ears, it is hard promoting sustainability and preparing “Are other people better informed to imagine the panel’s advice straying for climate change. ‘If we don’t start than I am?”’ She is enthusiastic about too far from the status quo. But one of planning now, we won’t be in a position Melbourne — throughout university, the panellists, Hani Akaoui, an architect to deal with it,’ she says. ‘That’s really for seven years commuting on the V/Line with a thin moustache, a considered top of mind for me.’ This represented train from Geelong, she dreamed of one manner and an office at the top end one of the main struggles for the panel. day moving north. ‘I just love this city,’ of Bourke Street, notes that his fellow The council’s powers are constrained. she says. By the second session, citizens aren’t shy about asking critical Decision-making on critical issues she feels more confident about questions. ‘We want to be informed,’ such as public transport, planning for her ability to contribute, but slightly he says. Cr Stephen Mayne, chair of the big buildings and systemic responses overwhelmed by all the information. city’s finance and governance committee, to climate change all rest elsewhere. “’It’s been an eye-opening experience,’ uses speed dating to pitch his agenda, ‘We always have to remember that the Petricevic says in the lunch break. ‘I just including rate rises, more efficient purpose of the exercise is to improve the have so much more insight into how staffing practices, and selling Citywide, budget of the city,’ Akaoui says. ‘It’s not much goes into operating a city’. the council’s wholly owned waste theoretical, and it’s not master planning; service company. it’s literally financial.’ An annual budget It is a bright Saturday in September and of $400 million takes some reckoning. the panellists are gathered in a grand ‘I can see the potential political power Can the hoi polloi analyse it? And can room on the lower level of the Melbourne of the recommendations, so I was they do it on Saturdays? Town Hall. Through the windows, you can very keen to push them to focus on see the legs of pedestrians and the bodies the big material issues,’ he says later. Professor John Dryzek, from the of trams passing by on Swanston Street. Some were swayed, others irked; all University of Canberra, is a world The City of Melbourne’s chief noted his forceful approach. (The panel expert on deliberative democracy. finance officer, Phu Nguyen, recommended against selling Citywide.) He says there’s been an ‘explosion’ gives the group a rundown on the budget, of citizens’ forums in the past decade, For the third session, the panellists and its longer-term projections. and experience has proven lay people are able to request any experts ‘We’ve reached a level of what I call worthy of the task. ‘All you need to do is they want — among those chosen are “Peak Parking Revenue”,’ he says. give people time,’ Dryzek says. ‘Give them demographer Bernard Salt and climate ‘People are complying more than access to information, enable them to scientist Graeme Pearman. In the break, they used to.’ Nguyen lays out ask questions of the experts and people panellist Bruce Shaw, a barrister who lives the broad challenges for the city really can get their head around incredibly in Southbank, expresses his scepticism over the coming decade, all with complex issues.’ The Danish Board of about the ubiquitous cheerleading for implications for the bottom line: Technology has been running these juries the city: ‘If I hear one more person say rapid population growth, climate change, for 20 years, seeking citizens’ views on Melbourne is the world’s most liveable technological transformation and controversial issues such as genetically city, I’m going to scream.’ (Later, he did economic uncertainty. The renewal of modified food and electronic surveillance. — quietly.) While they aren’t hemmed the Queen Victoria Market site could cost Recently, South Australian premier in by party politics, the panellists do up to $250 million, and serious upgrades Jay Weatherill convened deliberative bring their own concerns. Shaw thinks to infrastructure and facilities will be panels on questions of how to reduce our public transport is poor, especially required. On current estimates, he says, alcohol-related violence and how the sluggish trams, and must be the council will fall short of cash. motorists and cyclists can share roads. made more reliable. Ling is interested Earlier this year, the Darebin City Council in high-rise developments — her dad in Melbourne’s north ran a citizen’s is a property developer in Malaysia. jury to direct $2 million in spending on In Melbourne, she thinks, there are community infrastructure. The residents too many new towers, too tall and returned with eight recommendations, too small inside. including a new neighbourhood house, exercise equipment and sports courts.

78 Who speaks for and protects the public interest in Australia? Each jury requires careful planning and For the most part, agreement came easily. Akaoui was in the gallery that day hard decisions about demographics. ‘There’s been a lot more consensus than — he’d returned early, especially, In Melbourne, there are more I expected,’ Hill says. from a business trip to Sydney. than 116,000 residents and nearly He is pleased with the outcome. On the On the final day, as the clock ticks, 18,000 businesses, but two-thirds question of rates, he believes increases the pressure rises. ‘The people who of rates revenue comes from are reasonable. ‘The overall mood of were pushing wacky ideas saw that the the latter. The facilitators, new Democracy the panel was that the council is doing game was up,’ Shaw says. ‘We finished Foundation, recommended that the a good job. We’re happy with the city up with a good report, with a realistic People’s Panel should comprise an even and we want to keep it at the forefront.’ number of ideas presented fairly.’ split of residents and non-residents Among the panellists, the process Their 11 recommendations, released (both business owners and workers). engendered loyalty and pride — and, also, in mid-November, included proposing As a consequence, 60 per cent of the not a little chagrin that they weren’t given rate rises each year of up to 2.5 per panellists are male — a proportion said more time. But they had an opportunity cent above inflation, more spending to reflect the over-representation of to participate, deeply and meaningfully, on mitigating and adapting to climate men in CBD businesses. in civic debate. change, extra bike paths, selling ‘non-core’ properties, reducing new ‘You really should know that people Jury deliberates capital works and pressing the have been so passionate and committed On the fifth Saturday, the state government for a higher to participating,’ Petricevic says, citizens deliberate. But they don’t tax on developers. citing evidence: one man sent his views finish, so they have to return for an by text message from hospital, where his unscheduled sixth day. To pass a Councillors approve wife was in labour; another woman was recommendation, the panel requires undergoing chemotherapy, but continued There’s a pitfall common to many 80 per cent agreement. Each person is to attend. Petricevic feels like she has of the citizens’ juries, however: given an electronic voting paddle and made a contribution to the city she loves. their recommendations are often ignored. five options from ‘Love it’ to ‘Loathe it’. She’s also gained trust in the council for its The council promises the People’s The results flash on the projector screen commitment to community engagement. Panel a formal response at its meeting immediately. This process — the jury’s ‘Other levels of government could on November 25. At the meeting, deliberation — is the system’s promise, take a leaf out of that book,’ she says. Mayne is effusive as he presents the its claim to legitimacy. For outsiders, Ling too, feels she’s made a contribution official reply: ‘I think they’re excellent however, its merits are impossible to the community, and it has kindled her recommendations,’ he says. to judge. The panellists had resolved that interest in the affairs of her adopted city. in order for everyone to feel comfortable The councillors postpone their decision, Now this panel is over, Akaoui believes venturing their opinions, they would however, and instead, refer the proposals others should begin. ‘I think this shouldn’t close some sessions to observers. And so, to staff for analysis and modelling. be done once in a blue moon,’ he says. whenever they were debating or voting, When the council’s draft 10-year financial ‘It should be done every year.’ they excluded their fellow citizens. plan is released in April, the panel’s report will be included in its entirety, along with Shaw maintains that when the an explanation about whether or not room was closed, no one dominated. each recommendation has been adopted. ‘The word “democracy” describes it well,’ he says. ‘Whether or not the council will regret it is another thing.’ Ling observes that some people who came with strong opinions softened them, or compromised significantly. The facilitators instructed voters to apply the following test before spiking a proposal: ‘Can you live with it?’

Essays by notable Australians 79 What can we do when self-interest undermines the public interest? Nicky Grigg and Steve Cork

Nicky Grigg is a Senior Research Scientist at CSIRO Land and Water where she has worked on a diverse range of research projects concerned with impacts of global change on social-ecological systems. She is a Director of Australia21. Steven Cork is an ecologist and futurist, with over 30 years experience researching interactions between people and the natural environment and the ways in which humans make sense of complex social-ecological issues. He is an Adjunct Professor in the Crawford School of Public Policy at the Australian National University, Principal Consultant at EcoInsights, and a Director of Australia21.

The philosopher Jean Jacques Rousseau, Dominant political and economic thought countries, citizens accept some degree writing in the 1700s, was concerned in the western world, for example, assumes of traffic regulation (the degree varies, about social processes that encouraged that allowing individuals to make informed of course) because they understand that self interest and discouraged the natural decisions based on self-interest, through they gain individual benefits (e.g., safety human impulse for compassion at elections and markets, is an efficient and and avoidance of gridlock) by acting in a time when people were becoming effective way to share resources. But there the common good. In this essay, however, increasingly dependent on one another for are increasing concerns that existing social we are concerned with situations their wellbeing. Subsequently, philosophers processes do not encourage the amount where individuals pursuing their long and political scientists have debated and of communication and information sharing term self interest, independent of researched the ways in which humans required for people to understand what is impacts on others, will not serve the make individual and collective decisions in their long-term individual and collective public interest without some collective in societies. Opinions differ about the extent interests and to make informed decisions. coordination and/or attention to to which human societies require top-down better access to and understanding It is not always necessary for self-interest control to achieve the common good. of information and viewpoints. and public interest to be in conflict. In most

80 Who speaks for and protects the public interest in Australia? Many social issues are not so easy to address Their research highlights many ways in Futurists and psychologists have concluded because they are complex, information which we can improve governance for that evolution has favoured neural pathways is unavailable and/or open to multiple the long-term public interest, however in that identify and react to immediate interpretations, opinions differ on the this essay we highlight one dimension: threats rather than pathways that imagine origins of the issues and the solutions, and communication. One robust research future possibilities. While organisations and society lacks mechanisms for open dialogue finding is that where there are opportunities societies provide the opportunity for many about such issues. These are sometimes for people to communicate face to face, views to be shared, the evidence indicates called ‘wicked problems’. Examples include: their likelihood of cooperating to serve the that people tend to defend their own climate change; transformation of our long-term collective interest increases. views of the world rather than embracing energy system; governing the distribution Several of Ostrom’s principles require other views (this is done, for example, of benefits from a boom in non-renewable constructive modes of communication by selective hearing, recall and biased resource extraction; handling waves of within and between groups of individuals evaluation of information) and to leave it asylum seekers; and making long-term (e.g. conflict resolution mechanisms, to ‘others’ to consider future possibilities. provisions to care for an ageing population. rights to organise, collective-choice For these reasons and more, true arrangements, coordination among groups conversations are difficult, even confronting. Recent research has drawn heavily on from different spheres of activity across But if we avoid the discomfort and logistical lessons from game theory to explore multiple scales). We would benefit from a difficulties of societal conversations we social dilemmas, which has proven to be greater capacity for open dialogue about leave ourselves individually and collectively a powerful way to make sense of some difficult issues so that misunderstandings vulnerable to future challenges and of the challenges faced when navigating and misinterpretations can be reduced unprepared to take opportunities individual-collective interactions. A social and mutual respect and understanding of to shape futures we desire. dilemma is where individually reasonable alternative viewpoints can be improved. actions create an outcome where everybody In summary, social dilemmas involving is worse off, and these are illustrated by The capacity of a society to hold productive interactions between individual and metaphorical stories such as: the Prisoner’s public conversations provides benefits to collective interests are a fundamental Dilemma (two people choose whether all of its members. The requirements for part of modern civilisations, but failure to ‘co-operate’ or ‘defect’, where each productive conversations among individuals to deal with these dilemmas effectively individual stands to gain more by defecting, and across society include trust (including is increasing risks to wellbeing and regardless of their opponent’s choice, but the trusted sources of information, and honest the sustainability of our societies. worst option for both is mutual defection); exchanges of knowledge and experience) Our democratic and market instruments public good dilemmas (where all can and safe places to explore disagreements currently favour short-term individual benefit from a public good, such as public with respect for different perspectives. interests at the expense of long-term public radio, even if they contribute nothing to its Dialogue methods are particularly effective. interests, discourage open and respectful provision or maintenance); and the tragedy Where debate emphasises opposing exchange of ideas, and favour competition of the commons (where an individual stands voices advocating positions strongly and misrepresentation of information to benefit from over-extracting a shared and seeking to discredit other positions, over cooperation and understanding resource, with the costs of the degradation dialogue emphasises suspension of of alternative views. There is increasing being borne by all). judgment, respectful openness to multiple evidence that strengthening our capacity perspectives and a willingness to build for constructive public conversations These dilemmas illustrate a key risk for constructively on others’ contributions. would greatly improve Australia’s societies managing the public interest: Many aspects of modern society work ability to deal with emerging and future non-cooperation with the public interest against these requirements, including: social and environmental challenges can be a demonstrably rational decision combative interactions in our media, courts and opportunities. The first step is to for individuals. One common response by and houses of Parliament that foster attack acknowledge the need and commit to governments is top-down intervention and defence interactions rather than trust searching for ways to meet that need. to discourage this ‘free-riding’. But and openness to learning from different others, most notably Elinor Ostrom and perspectives; powerful vested interests colleagues, have developed alternative having greater access to advertising and principles based on careful analysis of marketing opportunities (with no bodies real-world cases where communities have investing comparable resources into giving been successful long-term stewards of voice to the long-term public interest); common pool resources. David Sloan Wilson and trolling in public internet conversations. and colleagues have generalised these findings for groups acting collectively.

Essays by notable Australians 81 What can be done to address the current imbalance between public and private interests? Alex Wodak

Dr Alex Wodak AM, a physician, was Director of the Alcohol and Drug Service at St Vincent’s Hospital, Sydney from 1982 until he retired in 2012. His major retirement project is drug law reform. Together with colleagues, Dr Wodak started Australia’s first needle syringe program and supervised injecting facility when both were pre-legal. He was also involved in establishing the National Drug and Alcohol Research Centre, the Australian Society of HIV Medicine and the NSW Users AIDS Association, an organisation for and by people who use drugs. He is a Director of Australia21.

The public interest, meaning the community in areas such as health, The increasing dominance of private ‘the welfare or wellbeing of the social cohesion and the economy. over public interests coincides with general public’, has always competed The current extreme imbalance between an increasing inequality of income with private interests. Furthermore, private and public interests is now not and wealth. Inequality in Australia public and private interests will merely an Australian phenomenon but waxed and waned over the years with low always be in competition. What is is also international. Examples of this levels reached in the 1970s. Inequality then so unusual about the current tension policy imbalance abound in Australia began increasing in Australia, growing is the extreme imbalance: these days, and include mining, alcohol, fast food, under Labor and Coalition governments. private interests almost always transport, taxation and gambling. Inequality increased to even higher levels get what they want. The policy in the United States where the imbalance domination by huge companies and of private and public interests is even extremely wealthy individuals has more evident and has had striking severe adverse consequences for political repercussions.

82 Who speaks for and protects the public interest in Australia? The health of Australians improved One of the common links in these What is to be done? The first step for dramatically during the 20th century. examples is the development those concerned by the increasing For example, average life expectancy of monopoly, or near monopoly, dominance of private and corporate increased from about 45 years arrangements used to generate interests over the public good is in 1900 to over 75 years in 2000. vast wealth and thereby political power to articulate their views. About 25 of the additional 30 years sufficient to extract huge economic rents. Could a Public Interest Commission of life expectancy resulted from Taxation arrangements in Australia in maintain a better balance in the future? improvements in public health while recent decades including the abolition First some difficult questions would advances in clinical medicine only added or reduction of inheritance taxes, have to be answered. How will the public five additional years. Yet in Australia, capital gains taxes, private income and interest be defined and measured? 98 per cent of health expenditure funds company tax, and generous concessions Where will successful examples of clinical services with only 2 per cent for superannuation and negative gearing, a Public Interest Commission be allocated to prevention. In the first half have benefited the wealthier members drawn from? How will issues be of the 20th century, improved sewerage of the community and large companies. selected and enquiries be conducted? and drains substantially reduced deaths and disease. In the second half, The coming to power of Thatcher in the And finally, what sort of Australia do the decline in smoking, improved diet UK and Reagan in the USA and the fall of its citizens want — an individualist and increased exercise were major communism in the USSR and its satellites Australia with marked inequalities, factors improving health. Tobacco control increased support for the view that private poor public services, choked roads has been a rare victory for a public economic interests are inherently more and shrinking taxation on the interest David over a corporate Goliath. efficient than publicly owned enterprises. American model, or a more collective Yet in 2014, the federal government and more equal Australia with The replacement in China of a central blocked the implementation of a less poverty, better public services command economy by a free market national agreement to alert consumers to but more taxation similar to the system which lifted hundreds of the potential health risks of some foods. Scandinavian countries and Japan? millions of people from poverty over the Some powerful food producers were following decades seemed to exemplify A political correction to the current the only beneficiaries. the benefits of a free market economy imbalance can only occur if Australians The fate of the proposed Resource with minimal restrictions for large start to debate their values and visions. Super Profits Tax (RSPT) is another companies and wealthy individuals. The political class can only do so much. example of the recent dominance In the United States, major economists Extensive polling shows that a majority of private over public interests. including Paul Krugman, Joseph Stiglitz of Australians want improved public In 2010, the federal government and Jeffrey Sachs have warned that services and are prepared to pay proposed the RSPT, modelled on the the currently high levels of inequality higher taxes to fund them. However, well-regarded Petroleum Resource Rent have corrupted the political system if large numbers of Australians want to Tax levied on the off shore petroleum and there is increasing concern that see a different country emerge, they extraction industry, after accepting with a radically extreme Republican have to be prepared to work for these a recommendation from a review of Party often prepared to disregard the changes starting at the community level. Australia’s tax system. A distinguished national interest the United States committee chaired by a highly regarded may have become ungovernable Secretary of Treasury had carried — surely a warning for Australia. out this review. Vociferous criticism from the mining industry including an effective advertising campaign followed, and after the deposition of the Prime Minister by the Deputy Prime Minister a heavily watered down and ineffective Minerals Resource Rent Tax (MRRT) replaced the RSPT. The then government contributed to its own problems through its political incompetence. Once again, powerful private interests got their way and the community lost.

Essays by notable Australians 83 Engaging citizens in defining national progress: the ANDI project Mike Salvaris

Mike Salvaris is Chairman of the Australian National Development Index (ANDI) Limited. He began his career in the 1970s as a barrister and legal aid lawyer with Fitzroy Legal Service, co-founding the Tenants Union of Victoria. He went on to work with the Victoria Council of Social Service, and then as chief policy adviser to Victorian Premier John Cain in the field of strategic policy-making and social justice. He has been a research professor at Victoria, RMIT and Deakin universities. He has worked for over 20 years in the measurement of progress and wellbeing, at community, national and international levels. He has a particular interest in community wellbeing measures as a means for citizen engagement, community development, human rights and stronger democracy. He is a committee member of the International Advisory Group for the Canadian Index of Wellbeing and the OECD Global Progress Research Network.

The public interest is a concept Secondly, it connotes the broader notion existence of the state as a collective with a long, deep history and special of the common wellbeing or the public would seem to prompt the formulation significance for social democracy, welfare (manifested in policy terms in of basic common purposes’ and these but not easily defined. It is inherently fields such as defence, education and necessarily include the goals and values elastic and adaptable, and operates on at public health etc). But it also has a higher, of the community as a whole. We might least three levels. Most literally, it means and distinctly ethical and purposive, call this a shared vision. the interest of the collective versus the implicit dimension, going back at least self-interest of individuals or groups. to Aristotle and Confucius: ‘the very

84 Who speaks for and protects the public interest in Australia? Whichever element we use as a yardstick, career, rather than the pursuit of the This is what the Australian National there seems no doubt that the concept common good. Noel Pearson captured Development Index (ANDI) project aims has been seriously weakened in modern this distinction well when he said recently to do, and in this it is part of a growing democracies over the past 20 years, that Gough Whitlam personified the older global and community movement to to the point where critics despair that idea that ‘reform trumps management’. restate and reclaim the public interest the ‘collective pursuit of the public good in countries as diverse as Canada and These specific problems are all made has been replaced by the solitary pursuit Bhutan. ANDI is a long-term community worse by larger systemic flaws: low levels of private advantage’, and the idea of and research initiative, established as of public confidence in government and citizenship has been ‘hollowed out by a not-for-profit public corporation, in the capacity of the political system to the sweeping assault of neo-liberalism’. with directors including Reverend solve our problems; a failure of innovation Tim Costello and Professor Fiona Stanley Ultimately though, the erosion of the and imagination in our democratic and over 60 organisational members public interest is not an isolated event. forms and practices; and a historical spread across many spheres: welfare, It is only the most prominent symptom of weakness in Australian political church, trade union, business, Indigenous, a broader decline of democracy, and while culture and debate, marked by apathy, ethnic, human rights, environmental, neoliberalism may be the major culprit complacency and ignorance. local government, and philanthropic. it is not the only one. Perhaps underlying all of these is our Over the next 3 years, ANDI aims Certainly, ‘the growing interpenetration collective failure to identify and define to engage directly with 500,000 of the worlds of politics and business’ clearly and concretely just what is our Australians across the nation, partnering has been devastating for the idea shared vision, the kind of Australia with a team of universities to promote of public interest — but even more we strive for in the longer term. a national debate about what matters so for democracy itself. Indeed, Such a shared vision could be very for Australia’s future, our future the maintenance of the market economy, different from the politics of shared common good. From this process ANDI rather than the public good, seems platitudes we have now, and could itself and its partners will develop a set of to have become the central rationale become a more precise and powerful clear and authoritative measures of for government, to the point where definition or driver of the public interest. progress beyond GDP and produce an the two are actually thought identical To fully restore the concept of the public annual index and status report of overall (and where GDP is considered the interest to its rightful place at the centre progress and progress in each of twelve key measure of national progress). of Australian democracy will require key domains of wellbeing (such as health, Globalisation has reinforced this different solutions and approaches education, the environment, work-life, trend culturally while at the same over time, but the key must ultimately Indigenous wellbeing, children’s and time reducing the power of national be citizen engagement. It has been rightly youth wellbeing, justice and human governments to deviate from this said that ‘only the citizen can bring our rights, etc). Domain indexes will be agenda even if they wished. political and governmental institutions released annually, but in different months Along with this larger paradigm shift has back to life, make them responsible and to promote continuous discussion and come a suite of changes in government accountable, and keep them honest’. awareness in the media and the public and politics: the privatisation or And only citizens committed to the values about the quality of Australian life marketisation of key government assets and the concrete requirements of the and what Australians believe are the and services and of the public sector; public interest can bring it back to life. priorities for true national progress. a growing culture of secrecy, justified by One important way to engage citizens In this way ANDI hopes to make slogans like ‘commercial in confidence’ in redefining the public interest is by a significant contribution to the and often accompanied by a process promoting a process of national debate restoration — and better still, the clearer of creeping corruption (in government about the kind of Australia we want. definition and understanding — of the contracts and appointments, political This should aim to identify a series public interest as the centrepiece of donations etc); and as well, the growth of clear and concrete outcomes, and Australian democracy. of a specialised and self-interested measures of our progress towards them, political class reared on the notion of which together add up to our shared politics as short-term management, vision of the kind of Australia we want. electoral success and a well-paid

Essays by notable Australians 85 Building better relationships across government, research and the community sectors Gemma Carey

Dr Gemma Carey is a Research Fellow at the National Centre for Epidemiology and Population Health, Australian National University. She is also co-leader and developer of ‘The Power To Persuade’ initiative, a symposium and blog about social policy.

Currently, federal and state governments In the last three decades, there and efficient public services to citizens. alone spend over $120 billion a year have been a lot of changes to the Alongside this shift has been a growing on welfare and social services, way in which government ‘does interest in developing closer relationships while three quarters of a million people business’. Arguably, the most radical between government policymakers and work in community services sector. of these changes is the outsourcing academic researchers, to ensure public Yet inequality in Australia is growing. of public services. Community and services and policies are ‘evidence based’. This tells us that there are major private organisations, in areas such It has been said that we are now working systemic issues preventing us from as aged care, disability, employment in an era of unprecedented collaboration achieving social change. This essay and social support, now deliver large and partnership between sectors. focuses on the systemic blockages swathes of our public services. There are Indeed, the complex challenges that between the different groups involved a number of powerful arguments that now confront us as a society do not fit in the design and implementation of underpin this change, including cost neatly into one sector — collaboration and policy, which impede progress and shifting measures and a genuine belief closer working relationships are needed if social change for the public interest. that those closest to communities are we are to find solutions. best positioned to provide effective

86 Who speaks for and protects the public interest in Australia? However, the rhetoric of partnership Moving beyond the In addition to developing the skills and collaboration is often much stronger rhetoric of partnership to work within complex ‘networked’ than the reality, or at the very least environments, addressing the systemic Efforts to enhance the relationships masks the contested and fraught nature blockers to better policy requires between government and policy of these ‘cross-sectoral’ relationships. us to attend to and understand networks have largely been attached to Currently, tensions run high and ‘the whole’, beyond how individual political agendas and program delivery stereotypes abound. For example, services, organisations or parts imperatives, thereby failing to invest in when taking up the role of Executive of government function — that is, the health and longevity of relationships Chair at the ANU Institute of Public how these different groups and sectors beyond a particular reform. To move Policy in 2013, former head of Treasury, function in relationship to one another, beyond rhetoric, and create truly Dr Ken Henry, lambasted academics for and how that functioning can be functional and productive (and even the inability to contribute to public policy improved. Currently, the functioning of transformative) collaborations and debate, stating that ‘most have retreated the ‘whole’ is not attended to, largely partnerships, we need to recognise that into the ivory tower and become divorced because it is beyond the role or scope of the profound shifts that have occurred in from real world political debate’. In return, any one group. The job of government is the delivery of policy and public services policymakers are regarded cynically — to pursue political and policy objectives, have created skill and knowledge gaps. seen as only seeking out evidence to the job of academics is to do research, justify decisions that have already been Operating within complex policy while the community sector’s job is made or making decisions on the basis environment requires more than the to deliver services and advocate of of political expediency. Meanwhile, technical and professional skills of the behalf of citizens. In other words, the community sector is frequently past, those that we use to do our jobs it is simultaneously everyone’s and no accused of pursing self-interest as policy designers, researchers and one’s job to examine the functioning and crying poor. These stereotypes social workers. It requires ‘soft skills’. of the whole system of actors involved are born of a lack of understanding. Soft skills include: knowledge of in policy, and determine what skills are They do nothing to further the public how to work across difference lacking, what knowledge needs to be interest through fostering genuine and diversity, problem-solving skills, built or harnessed, and what needs collaboration across sectors. brokering skills (such as getting to change for progress to be made. people to the table and seeing Building knowledge and attending to what has to happen next), flexibility the functioning of the whole system and coordination skills. To ensure that require us to remove ourselves from the type of skills required for ‘policy work’ the day-to-day, and create spaces to are developed and nurtured, these soft ‘meet differently’. By meeting differently, skills need to be built into education we disrupt the status quo and allow and reward structures in each sector. for robust debate and discussion that incorporates a greater diversity of voices. From this, creativity, relationships and ideas are fostered. By building soft skills and tending to the networks of relationships between organisations and individuals that drive policy change, we will provide a strong foundation of collaboration and shared understanding from which more holistic, effective and equitable policy can be built.

Essays by notable Australians 87 Democracy flourishes when the common good is front and centre of government Mary Crooks

Mary has been the Executive Director of the Victorian Women’s Trust since 1996. She has an extensive background in public policy and a passionate commitment to social justice. She has designed and led ground-breaking initiatives including the Purple Sage Project, Ordinary Women Extraordinary Lives, and the Watermark Australia project, an example of a nationwide, community engagement project based around issues of water sustainability. In 2012 Mary authored A Switch in Time — Restoring Respect to Australian Politics.

Australians live in a robust and enduring The idea of the common good This ethos of governing for the representative democracy. We are free appeals, even if largely at a tacit level: common good, however, is under threat to debate ideas and express dissenting we acknowledge that our shared — and from within. In the space of views without being coerced or being responsibility as citizens in a democracy a few months, we have witnessed placed under house arrest or worse. is to debate with tolerance, directly and defeat at the polls of two first-term We can assemble in the streets and through our elected representatives, state governments in Victoria and protest about issues without fear of the best means to create opportunities, Queensland. Current polling suggests victimisation or violence. Any citizen apply regulations, continue to build that the federal Coalition government may stand for public office and we have (and not sell) our public assets and could also become a one-term wonder. the right to vote for people to represent provide services that meet the basic Politicians and media pundits are reacting us in all three levels of government needs of the population (such as to this rotating doors syndrome by — federal, state and local. We accept, Medicare) and sustain the environment blithely ascribing it to ‘public volatility’, maybe grudgingly, our responsibility (such as an emissions policy). to poor communications by government, to pay tax. We embrace the concept or to an obstructionist Senate. But there of a ‘fair go’ and have applied this over is something deeper at play. When it the decades in shaping our institutions, comes to governing for the common welfare systems and political discourse. good, our politicians and major parties Mostly, we see ourselves as standing are losing the plot. for equality between people. 88 Who speaks for and protects the public interest in Australia? The explanation lies in some simple Tossing aside respect for democratic Despite these crucial cornerstones but powerful propositions. People have principles, sections of our politics, for governing in the common good, an entirely reasonable expectation that business community and media Abbott gave oxygen to the climate elected governments — whatever their persisted with the claim that deniers who muddied the water on political persuasion — will work hard, the Gillard minority government global climate science. For two years and transparently, for the electorate ‘lacked legitimacy’. Frequent calls for he campaigned relentlessly against at large, respect the will of the people, a ‘fresh’ election were issued despite carbon pricing, playing to people’s debate ideas and issues with civility, the fact that this minority government fear of a household economic penalty implement pre-election promises, was legitimate, was constitutionally despite the clear threat of a planet in peril. desist from back flipping in dishonest and valid and was formed in accordance The catch-cry of a ‘Great Big New Tax’ cavalier fashion, refrain from introducing with the central provisions of our may have been politically effective for surprise policy measures that are patently Westminster system. We also witnessed him and his party in the short term, but it unfair or punitive, work to people’s best a vicious gender-based undermining of has come at great cost, recklessly shifting sides, and keep clear of corrupt and a female prime minister. This ‘tear-down’ people’s attention from the message of nepotistic behaviour. mentality was aggressively promoted climate science and the responsibility by sections of the Australian media. on us all to rise to the common Most of all, people expect their elected A politics of negativity and hate was good challenge. The huge reservoir of representatives to focus on developing fuelled by Abbott and his supporters. goodwill and confidence in government’s the collective capacity to meet complex Noted journalists chose to become ability to act for the common good and challenges and to govern for the good players in the game rather than provide take correct actions to mitigate climate of all rather than taking their riding dispassionate analysis. Vitriol was change was squandered and will need orders from vested sectional interests given undue airplay by radio presenters. to be rebuilt. We are now in a hapless and/or US-based media moguls. Social media facilitated an unprecedented position with no effective remedy to They are frustrated by sledging, such as level of abusive language and reduce emissions, diminished community when both major parties treat minority misogynistic attitudes that flew in the confidence, and a significantly tarnished parties or Independents with contempt, face of personal accountability and civility. reputation globally. or when good ideas or deserved contestation are met by derision, Disappointingly, media analysts persist Pushing back against the continued cheap shots or personal attack. with the narrative that Abbott was corrosive attack on the common good is one of the most effective Opposition now our formidable challenge. It will take Such corrosive attacks on the common Leaders ever because he dispatched patient exhortation (at election time and good were catalysed by the tactics both Rudd and Gillard. This so-called in between) to remind the mainstream of Tony Abbott as Opposition Leader measure of political ‘success’ might sit parties to govern for all; to better during the period of the Gillard minority well with a male-dominated culture of represent the diversity and talents of government, and were clearly on display adversarial politics. But it could equally the wider community; to focus on building in the first Abbott/Hockey Budget, be ventured that Abbott was a hugely our collective capacity to take action on exemplified in its draconian unfairness deficient Opposition Leader because the big issues; and to be become more with respect to young job seekers. his tactical negativity savagely eroded grounded in the realities of people’s lives the ethos of the common good. and aspirations rather than focus groups and opinion polls. This is no better illustrated than the destructive approach he took to the Democracy flourishes when the urgent need for effective action on common good is front and centre climate change. As a nation, we were of our politics, when governments actually getting there! We had the implement policies and programs compelling scientific evidence before us. that advance wealth creation as well We had the international treaty as fairness, social cohesion and the agreements, the public policy framework protection of the most vulnerable, formed largely by the Garnaut reviews, when opposition parties prepare viable strong community support for action policy alternatives to take to the people, and policies that reduced emissions, and and when the media provide impartial finally, carbon pricing legislation in place. and substantive analysis of issues.

Essays by notable Australians 89 The case for a national public interest council Bob Douglas

Emeritus Professor Bob Douglas AO retired from his post as the Foundation Director of the National Centre for Epidemiology and Population Health at the ANU in 2001. In retirement, he works closely with two non-government organisations: Australia21 (www.australia21.org.au) and SEE-Change (www.see-change.org.au). Both groups are focussed on the challenges facing modern Australian society.

In Australia and indeed across the But, collectively, the fossil fuel During the 2013 federal election democratic world, the public interest is industries have succeeded in hijacking Australia21 published a volume of under siege from corporate and other the debate, smearing climate science essays under the general heading: special interests. Examples abound. with falsehood and insisting that ‘Placing global change on the Australian The most glaring and most important governments re-formulate the problem election agenda: essays on vital issues relates to inaction on climate change. as an economic issue. Repeatedly we hear that are being largely ignored.’ Ian Dunlop, The effectiveness of the fossil fuel talk of the importance of the coal industry one of our directors, captured our concern lobbies in placing their interests to jobs but huge sections of our media with these words: ‘Australia is living in on this matter ahead of the public are complicit in the blanket of silence a fool’s paradise, ignoring the most critical interest is the scandal of our age. about the consequences of our continued issues which will impact upon this country use of fossil fuels as an energy source. in both the short and long term. I define the public interest as the Weighty reports are being published long-term welfare and wellbeing on our official future. Which would be of the general population. There is laudable were it not for the fact that no more serious crisis confronting the the critical scenario, of accelerating welfare of humanity than the effects anthropogenic climate change and of unconstrained greenhouse gas resource scarcity, is deliberately ignored emissions on the future climate of — apparently too scary for political the world. realism to contemplate’.

90 Who speaks for and protects the public interest in Australia? It is fair to say that our efforts to engage Community organising has been Ross Garnaut in his recent book politicians in discussing policy on an identifiable profession in America Dog Days: Australia after the Boom climate change, resource scarcity, living for decades. Barack Obama began his says that the pressures on governments within ecological limits and tackling working life as a community organiser to maintain ‘business as usual’ and fundamental global issues around food in Chicago. The central feature of neglect reforms in the long-term public and equity, had absolutely zero effect community organisation is the brokering interest are enormous. The entrenched on the election agenda. The election of alliances between organisations such special interests of those who stand was focused on ‘axing the tax’, ‘stopping as faith groups, trade unions, schools, to lose by reform are well resourced the boats’, and ‘dropping the deficit’. environmental advocacy and civil and well organised and easily have The corruption of the democratic process society groups. the ear of government and the media. by media interests and by the voice Garnaut suggests that the counterpoint The organiser helps to build trust of big business was clear throughout to ‘business as usual’ needs to come from across groups through facilitated the campaign. what he calls the ‘independent centre of dialogue sessions. The alliance acts public interest’ represented in multiple I do not believe our democracy can as a public interest group to lobby organisations and institutions. be mended by more of the same. governments on issues of broad Rather we must explore new structures public concern. I consider that Australia now needs and new processes to return a modicum a new peak, non-government structure to The Sydney Alliance is Australia’s of control to the voters. coordinate debate on a range of pressing most developed example of this kind issues in the public interest. The new peak In his book Blessed Are the Organised: of community organising. It has three body needs to be able to build from the Grassroots Democracy in America, full-time organisers and is beginning ideas and concerns thrown up by Kitchen Jeffrey Stout makes this assertion: to make waves on issues of state and Table Conversations and the coordinating ‘The imbalance of power between metropolitan importance. efforts of community organisers. ordinary citizens and the new ruling class Many organisations including has reached crisis proportions. The crisis ‘Business as usual’ lobbies are non-government organisations, will not be resolved happily unless many co-ordinated, cashed up and faith groups, unions, environmental more institutions and communities have a highly sophisticated modus groups and professional lobbies commit themselves to getting operandi, ready to spring into claim to speak for the welfare and democratically organised and unless action whenever a whiff of reform wellbeing of the general public. But they effective vehicles of accountability are is raised. I am suggesting that the seldom speak with one voice and pool constructed at many levels of social Public Interest Council could do for their resources to effect or oppose complexity.’ I think this also applies Garnaut’s ‘independent centre’ what policy change with anything like the to Australian society. the Business Council of Australia does single-mindedness of, for instance, for its members and what CEDA does I suggest that as well as fostering the the Business Council of Australia (BCA). to keep the economy healthy. traditions of Kitchen Table Conversations Nor do they have the clout of the and community organising that are dealt Committee for Economic Development with by other essayists in this volume, of Australia (CEDA). Both business and we need to consider the development the economy are important but they are of a peak body described briefly below. of little importance if the future welfare and wellbeing of the population are being compromised by government actions or inactions.

Essays by notable Australians 91 Acknowledgements Thanks to the Australia21 steering group that included Mick Palmer, Alex Wodak, Lyn Stephens and Bob Douglas for planning the framework and recruiting authors and particular thanks to all the authors for timely submissions and quick turnaround of drafts. We are grateful to David Morawetz and The Social Justice Fund for financial support.

92 Who speaks for and protects the public interest in Australia? Australia21 Australia21 is an independent, non-profit organisation whose core purpose is multidisciplinary research and enquiry on issues of strategic importance to Australia in the 21st-century. Australia21 offers the excitement of new thinking about the link gives between research and policy. We believe that ideas matter and that they can be harnessed effectively in the interests of Australian society by extending public discourse across research and policy boundaries. Our capacity to convene expertise from across the nation means that we are able to delve into issues differently from a conventional university research institution. We also provide a unique way for business, industry and government to meet socially responsible goals and promote long-term Australian public good and well being. www.australia21.org.au

Essays by notable Australians 93 Editors Bob Douglas and Jo Wodak Jo and Douglas Bob Editors Australians Essays by in Australia? notable public interest the for protects and speaks Who

Who speaks for and protects the public interest in Australia? Essays by notable Australians Editors Bob Douglas and Jo Wodak Who speaks for and protects the public interest in Australia? Essays by notable Australians

Editors Bob Douglas and Jo Wodak

Image: 5 of the 43 randomly chosen citizen jurors who deliberated for 6 days on 2014 Melbourne City Council $5 billion Budget plans