Self-regulation
Voluntary self-regulation where industry sets and enforces a code Or compliance with international standards such as ISO14000 to establish environmental management systems Pose serious threat to legitimacy of environmental regulation Mandatory self-regulation

Traditional command and control: shared implementation and enforcement Private industry has an enormous information advantage over agencies which together with stakeholder groups allows industry to bargain for lenient standards

Continued on page 7Privatising and contracting out
Contracting Out: Gov decides there are certain functions it doesn’t want to exercise anymore and it contracts out these functions e.g. prisons
Contacting out of detention centres  GSL is a multinational that manages detention centres. It is not run by dept of immigration.

This agreement is governed by contract.
-   Gov believes they are only contracting out the implementation of its policy, gov is still making the policy
-   Is there such a fine distinction between policy making and implementation
-   But management are controlling the day to day activities of people in detention centres. There is tremendous power to control the conditions these people are subject to. They control the food, visiting hours, discipline (including solitary confinement if they misbehave)
-   Admin lawyers are concerned about these individuals
-   These managers are one step removed from accountability. GSL cant be taken to court because of privity of contract. No one knows the content of the contract and whether the manager will be sued for treatment of detainees. The gov and GSL are the only parties to the contract. Therefore only the gov could sue GSL.
-   Cornelia Rau  permanent resident of Aust, escaped psychiatric hospital ended up in detention  she became psychotic in detention and was locked in solitary confinement and she could not be found for 10 months and she went crazy.
-   How do we keep contractors accountable
-   See newspaper articles about Cornelia Rau

Questions about Cornelia Rau
1.    What happened to Cornelia Rau?
-   She is an Australian resident held in jail and immigration detention for 10 months
-   She spent periods of time in jail and detention because police didn’t know what to do with her. She discharged herself from mental hospital in Manly and ended up in Qld
-   While in detention, she demonstrated psychotic behaviour
-   She spent considerable time in solitary confinement
-   Miscommunication between NSW police that listed her as missing person and Qld police who had no idea she was missing in NSW
-   She is handed over to fed immigration auth
-   When they found her, she deteriorated considerably

2.    Which minister is responsible for detention centres
-   Amanda Vandstone  immigration minister
-   She is responsible for policy making
-   She has contracted out the management of detention centres to a MNC GSL
-   She asks for priv inquiry  former police minister is responsible
-   Private to protect the dignity of Cornelia

3.    Discuss pros and cons of a private or public inquiry into the issue
-   Public inquiry allows openness and transparency. Shows how people are managed in these centres even when mentally ill
-   Many refugees arrive severely traumatized by their experience

4.    How does each of these promote the Admin law values of fairness, openness, transparency and accountability
-   Contracting out is mechanical and distances management from the effect of

5.    Who manages detention centres in Australia and the UK
-   GSL a multinational corporation

6.    What sorts of abuses are alleged
7.    Under what legal instrument are detention centres managed and who has the authority to enforce the terms of the instrument
-   Contract b/w gov and GSL
-   No public participation or scrutiny of these contracts because of privity of contract
-   Public doesn’t know the terms of this agreement
-   Only the gov could enforce the contract against GSL and not the people in the detention centres
-   In admin we are concerned with the individuals

8.    What rights and remedies do inmates of detention centres have against managers of detention centres
-   John Howard will not give apology for legal reasons, until the result of the inquiry is received (compensation)
-   She could pursue a private remedy against GSL
-   She could sue the government but the sister has said she would not sue the government, they simply want an apology

9.    What does Jodi Freeman say about the separation of functions between responsibility for policy-making and policy-implementation?
-   Its no longer the dichotomy of public and private, we have a mixed system
-   Freeman’s solution is to put the contract out for public scrutiny. We should mix our legal instruments the same way our administration is now mixed
-   Contracting out probably will not go away. How to imbue a priv contract with public values
-   Gov has an important role in setting standards
-   She looks at ways in which the priv sector is involved in standard setting which is normally a gov function industries develop their own codes of practice
-   The priv sector is not only involved in standard setting it makes the standards itself which the gov adopts
-   Once the priv sector is involved in public sector  question of whether the gov is making independent decisions about standards. Gov is relying on the information given by industries and asking them to help them set standards (negotiated rulemaking)
-   The more the gov downsizes itself, the more it has to rely on outsiders to regulate themselves
-   Gov is moving more towards idea of self-regulation because it doesn’t have the resources to properly regulate industries. It is cheaper for gov. It gives incentives to corps if they clean up their operations.
-   ISO14000  int org sets standards internationally accepted. Have to comply with these standards in order to get ISO certification
-   The priv sector realizes that there is some value in public law remedies and has set up institutions to mirror some of these public law remedies