School of Social and Political Sciences - Research Publications

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    Regulatory failures and regulatory solutions: a characteristic analysis of meta-regulation
    Haines, Fiona ( 2006)
    Meta-regulation has developed as a method of harnessing the self-regulatory capacity within regulated sites whilst retaining governmental authority in determining the goals and levels of risk reduction that regulation should achieved. This paper critically analyses the capacity of meta-regulation to resolve chronic regulatory challenges through subjecting the approach to a ‘characteristic’ analysis where the challenges of securing compliance are discussed in light of an appreciation of both the nature of regulatory policymaking as well as economic and social pressures that shape the normative orientation of a regulated site. Meta-regulation shows considerable potential, yet remains vulnerable because of its disassociation of compliance from context. The paper explores how under adverse conditions, the “regulation practice gap” widens and the rigour of a meta-regulatory approach may see it used as a political solution to a legitimacy problem rather than as a carefully thought through approach to an agreed upon critical risk
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    VANQUISHING THE ENEMY OR CIVILIZING THE NEIGHBOUR? CONTROLLING THE RISKS FROM HAZARDOUS INDUSTRIES
    Haines, F (SAGE PUBLICATIONS LTD, 2009-09)
    Inclusion of the local community in a continuous dialogue aimed at reducing the risks posed by hazardous industries such as chemical plants and oil refineries is an increasingly common feature of some regulatory regimes. This article explores the implications of this regulatory shift for the reduction of risk through research undertaken in a major Australian city. The study found that local communities, when given a formal voice in regulatory regimes, did push industry to consider an extended range of risks. These risks included the risk of explosion or major chemical spill threatening health and the environment (termed here actuarial risks) but also concerns about the orderliness within the local neighbourhood and proper relationships between industry and community (risks of a more socio-cultural nature). Further, the escalation of political risk was critical in determining which actuarial and socio-cultural concerns of the community were listened to. Regulatory innovations involving increased accountability of hazardous industry to the local community may increase pressure on targeted industry to reduce risk, but the ensuing risk management is likely to involve political and socio-cultural as well as actuarial risks.
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    The importance of being ambiguous: Theorising white-collar crime
    Haines, F ; Sutton, A ; Brannigan, A ; Pavlich, G (Routledge-Cavendish, 2007-02-22)
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    The Shadows of the Law: Contemporary Approaches to Regulation and the Problem of Regulatory Conflict
    Haines, F ; Gurney, D (Wiley, 2003-01-01)
    Regulatory analyses often assume that compliance is desirable, with literature focusing on strategies to encourage “excellence” in adherence to regulatory goals. Yet, it is not unusual for disparate regulatory goals to exist that are based on competing values of what constitutes the “good society.” It is this conflict that forms the substance of this paper. In cases of competing regulatory goals, techniques that encourage exemplary compliance in one area can create incentives to breach regulatory provisions of a competing regime. In such cases, generic regulatory techniques are unable to provide a useful means for resolving regulatory conflict but do allow a political delegation of conflict resolution to the “scientific” strategies of the regulator. In turn, the regulator places responsibility on companies for resolving competing regulatory demands. Successive delegation leads to juridification as well as regulators vying to retain primacy for their regime. This problem is examined through analysis of responsibilities for subcontractor safety under Australian health and safety law and sections of the Australian Trade Practices Act 1974 aimed at protecting competition.