Australian Politics and Policy - Senior, 2019a

Australian Politics and Policy
Model
Example
Rational decision model (policy as
maximum social gain): this model of policy
making utilises a problem-solving approach
that is characterised by rationality,
impartiality, fairness and analysis.
Detailed analysis of the mental health of
prisoners reveals mental illness is steadily
rising within this population. It is
recognisedthatpreventingearlyonsetof
mental health problems among this cohort
will produce significant cost savings over
time. A policy response that includes a
spectrum of interventions in place in
community, court and custodial settings is
endorsed.
Source: adapted from Hobbs and Hamerton 2014.
Intergovernmental interactions
The process of law and order policy formulation and implementation in Australia
is further complicated by the country’s constitutional and jurisdictional structure.
State and territory governments have predominant control over law and order
policy, but the Commonwealth government has gradually encroached upon these
traditional state-based responsibilities. Additionally, international agreements and
guidelines for best practice may be considered in the policy formulation and
implementation process.
Commonwealth–state
The Constitution gives state and territory governments the power to enact,
implement and enforce law and order policy within their borders. The Commonwealth
is responsible for law and order policy that extends beyond state and
territory borders or crosses those borders – for example, drug importation, customs
fraud and illegal immigration. The significant overlap between Commonwealth and
state responsibilities can be a source of tension.
State and territory governments are heavily reliant on Commonwealth funding
–morethanhalfoftheirfundingisprovidedbytheCommonwealthgovernment. 32
Often Commonwealth funding will be conditional, or tied to a certain project,
policy area or outcome. This has the effect of enabling the Commonwealth to
influence the way in which resources are allocated in the criminal justice system.
32 Parliamentary Education Office 2018.
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