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Australian Politics and Policy - Senior, 2019a

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‘Law <strong>and</strong> order’ policy<br />

Table 2 Overview of models for the law <strong>and</strong> order policy-making process<br />

Model<br />

Elite model (policy as elite preference): this<br />

modelsuggeststhatpolicymakingisarole<br />

reserved predominantly for political elites<br />

(e.g. ministers <strong>and</strong> their advisers). This<br />

small group of elite individuals have the<br />

power<strong>and</strong>abilitytocreate,implement<strong>and</strong><br />

enforce public policy that regulates the<br />

behaviour of the rest of society.<br />

Pluralist model (policy as diverse<br />

perspectives): this process is based upon<br />

the idea that society is comprised of a<br />

diverse range of actors <strong>and</strong> stakeholders, all<br />

of whom have an interest in contributing to<br />

<strong>and</strong> influencing the public policy-making<br />

process <strong>and</strong> its ultimate outcomes.<br />

Example<br />

A minister observes graffiti on the journey<br />

to parliament <strong>and</strong> decides that measures<br />

mustbetakentogettoughonsuch<br />

offences. Relevant department agency staff<br />

aresummoned<strong>and</strong>toldtodevelop<br />

measures to tackle the scourge of graffiti. A<br />

graffiti hotline to encourage reporting <strong>and</strong><br />

tougher penalties are swiftly introduced<br />

<strong>and</strong> implemented.<br />

Numerous reviews, inquiries <strong>and</strong> research<br />

reports highlight the importance of tackling<br />

alcohol <strong>and</strong> other drug use to prevent<br />

offending. A working party is established<br />

with representatives from key criminal<br />

justice agencies <strong>and</strong> victim <strong>and</strong> penal<br />

reform groups to develop policy responses.<br />

Aspecialistdrugcourtisproposedasone<br />

possible solution, which the government<br />

backs through the provision of funding for<br />

atrial.<br />

Incrementalism model (policy as variations<br />

of the past): many aspects of criminal<br />

justice policy making reflect the traditions<br />

<strong>and</strong> histories of the system, with minor<br />

reforms being introduced over time. <strong>Policy</strong><br />

making in this context is a process whereby<br />

existing policies are incrementally modified<br />

<strong>and</strong> revised. Policies are continually<br />

improved upon in response to the problems<br />

that have arisen from their implementation.<br />

The juvenile justice system has largely<br />

operatedthesamewayformanyyears–<br />

children appearing in closed children’s<br />

courts are sentenced to serve time in<br />

juvenile justice detention facilities <strong>and</strong> are<br />

then released into the community with case<br />

management support. A new approach to<br />

assessing <strong>and</strong> addressing risk factors for<br />

offending is introduced into the system to<br />

augment existing practices.<br />

Institutional model (policy as institutional<br />

output): this model emphasises the<br />

organisational norms, culture, structures<br />

<strong>and</strong> procedures (both formal <strong>and</strong> informal)<br />

that develop within institutions <strong>and</strong> the<br />

ways in which they impact public policy.<br />

Corruption within the police force has<br />

prompted a widespread review. In<br />

developing a blueprint for a new approach<br />

to policing, careful consideration is given to<br />

existing institutional cultures <strong>and</strong> how<br />

reform of the organisation will be achieved<br />

in this context.<br />

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