07 April 2010

Not so sunny state

I'm rereading 'Real Constitutional Reform after Fitzgerald: Still Waiting for Godot' by Scott Prasser & Nicholas Aroney in 18(3) Griffith Law Review (2009) 596-620 [here] after going through The Fitzgerald Legacy: Reforming Public Life in Australia and Beyond (Bowen Hills: Australian Academic Press 2010) edited by Colleen Lewis, Janet Ransley & Ross Homel.

Prasser & Aroney comment that -
The Fitzgerald Inquiry, although initially focused upon matters such as maladministration and corruption, placed significant emphasis on the reform of Queenslandʼs political and public administration system as a whole. It is therefore in relation to its practical impact within the context of that system that the Fitzgerald Report ought to be assesses. However, despite widespread support for the reportʼs recommendations, recent events in Queensland concerning such matters as corruption, maladministration, lobbying, cronyism and secrecy suggest that the report has failed to deliver on its most basic objectives. This article argues that although the Fitzgerald Report drew attention to and sought to address systemic problems of various kinds, it has largely failed in its intentions because the changes that it proposed could not be sustained in the context of Queenslandʼs existing constitutional framework and particular system of Westminster democracy, especially its high level of executive domination operating in the context of a unicameral parliament. The fact that so many of the Fitzgerald reforms were left to be sorted out by post-commission agencies working in such an environment means real reform has failed to flourish. Consequently, the Fitzgerald Report has met the same fate as so many other public inquiries into corruption in Australia, resulting in only minimal change to the way government is actually conducted. While as a result of the Fitzgerald Inquiry there has been widespread institutional restructuring in Queensland, the way of doing business in that state has hardly changed at all.
The Lewis, Ransley & Homel volume includes chapters by Colleen Lewis on 'Depoliticising Policing: Reviewing and Registering Police Reforms', Julianne Schultz on 'Exploring the Limits: Media as Watchdog in Queensland', Jacqueline Drew & Tim Prenzler on 'The Evolution of Human Resource Management in Policing', Jenny Fleming on 'Changing the Approach: Structural Reform in the Queensland Police Force', David Solomon on 'Freedom of Information (FoI) in Queensland and its Fitzgerald Origins', Noel Preston on 'The Renewal of Parliament: A Fitzgerald Legacy?' and Kerry Wimshurst on 'The Reformative Powers of Higher Education for Policing?'.