Melbourne Law School - Research Publications

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Labour Law Enforcement and COVID-19’

Hardy, T ; Amendola, S ; Tran, O (University of Melbourne, 2020)
Compliance Defiance: Reviewing the Role of Deterrence in Employment Standards Enforcement

Hardy, T (The Hebrew University of Jerusalem, 2020)

This paper begins by locating the concept of deterrence by first describing orthodox deterrence theory, before considering the extent to which deterrence principles are reflected in some of the most well-known models of employment standards enforcement, including responsive regulation and strategic enforcement. It then examines empirical research which seeks to test the regulatory power and potential of various deterrence-based mechanisms, including criminal prosecution, civil litigation, investigations and administrative sanctions. This paper argues that to better address the problem of compliance defiance, one must move away from the assumption that increasing the severity of the sanction will ‘supercharge’ deterrence in and of itself. Drawing on the preceding analysis, the paper then considers recent developments, and proposed reforms, in Australia to explore paths to possible expansion of the concept of deterrence, and innovative ways in which to shift the relevant compliance calculus.
Trade Union Enforcement of Employment Standards in Australia: Opportunities and Obstacles

Hardy, T (AIRAANZ 2021, 2021)