Best practice federalism
The Australian federation was designed to share power between the Commonwealth and the States. This relationship continues to evolve and is best developed when the two levels of government respect each other’s place in the system and each other's responsibilities. The exploration of cooperative and collaborative structures for joint decision-making is a key challenge for enduring best practice.
Brown AJ (2007). Federalism in Australia – new life or old tricks?
ABC News Online (9 February). Link to HTML
Extract:
For the first time in 15 years, the ability to make Australian federalism work better has become a leading political issue, at state and federal level. A variety of initiatives are being taken or proposed, that show our political leaders are responding to public concern about some of our federal system's unnecessary conflicts. But what prospect does this enthusiasm for a reinvigorated, cooperative federalism have for achieving what everybody says they want – a 'lasting solution' to some of the federation's big problems?
Brown AJ, Bellamy J (eds) (2006). Federalism and Regionalism in Australia: New Approaches, New Institutions?
Canberra: ANU E Press. Link to HTML
This volume is based on a Symposium held on 8 May 2006 – coordinated by the Griffith University Federalism Project.
Brumby J (2009) Does federalism work?
In: Wanna J, ed. Critical Reflections on Australian Public Policy: Selected Essays (ANZSOG Series) Canberra: ANU E-Press, pp. 13-21.
Link to HTML
Victorian Premier John Brumby calls for reform of Commonwealth-State relations, including a new intergovernmental agreement to underpin COAG, an effective and independent COAG secretariat, the right for states to place items on the COAG agenda, reform of Ministerial Councils, and clarification of overlapping responsibilities.
Brumby J (2009) The reform imperative and Commonwealth-state relations.
In: Wanna J, ed. Critical Reflections on Australian Public Policy: Selected Essays (ANZSOG Series) Canberra: ANU E-Press, pp. 45-58.
Link to HTML
Originally presented as an ANZSOG public lecture when Premier John Brumby was Victorian Treasurer. He discusses how cooperative Commonwealth-state relations are crucial to meeting the reform challenges ahead.
Carling R (2008). Fixing Australian Federalism.
Policy, 24(1): 30-37.
Robert Carling, Centre for Independent Studies, argues that reform ideas in the Australian debate on federalism can be grouped under six broad headings: defining roles and responsibilities; reforming specific purpose payments; Commonwealth-State collaboration in national economic reform; horizontal fiscal equalisation; addressing vertical fiscal imbalance; and reforming state taxation.
Carroll P (2007), Federalism and Intergovernmental Relations: COAG, the NCP, and RIS.
Link to PDF
Introduction
In this paper, the major aim is to examine the dynamics of intergovernmental relations in a federal state, Australia, with a focus on the dynamics of gaining
intergovernmental agreement, a somewhat neglected topic. The dynamics are
illustrated in the context of a detailed examination of the gaining of agreement to a major, nation-wide process of regulatory reform involving the existing stock of some 1,700 separate acts, regulations and related policies in the 1990s, and that continues to this day, and to the gaining of agreement to the regulation review processes that would be involved, both for the review of existing regulation and future regulation. The term regulation is used its broadest sense, to refer to all legislation, policy and subordinate legislation in regard to the economy. The research is based on material drawn from primary sources, as referenced, secondary sources, as referenced and interviews with persons involved in the processes described.
Govey I, Faulkner J, Murphy J (2008). Co-operative Schemes in the 21st Century.
Paper presented at The Future of Federalism (International Conference): Brisbane, 10-12 July.
Extract:
This paper is concerned with one technical aspect of the constitutional discussion: ‘references’ that may be given by States to the Commonwealth under subsection 51(xxxvii) of the Commonwealth Constitution. It is worth having a close look at State references right now because they involve an existing constitutional mechanism for federal co-operation. It is, moreover, a mechanism which has been used much more creatively in recent times to support very significant co-operative legislative arrangements. Some evaluation of the recent developments in this area is highly desirable as part of the broader analysis of federal reform.
Moran T (2009) Splicing the perspectives of the Commonwealth and states into a workable federation.
In: Wanna J, ed. Critical Reflections on Australian Public Policy: Selected Essays (ANZSOG Series) Canberra: ANU E-Press, pp. 33-43.
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Essay by Terry Moran, Secretary, Department of the Prime Minister and Cabinet, on the future of federalism.
Extract
In my view, we are on the verge of a revived federalism, which holds great possibilities for Australia in the 21st century. By this I do not mean we are about to eliminate or radically diminish the power of the states or any other critical element of the institutions of the federal system. Rather, we are on the threshold of entering into a new compact between governments, which contains the potential to confer several benefits on the Australian people.
Parish K (2008) Federalism and the corporate governance analogy.
Online Opinion, 30 January
Former Northern Territory politician turned academic, Ken Parish argues:
…the problems of Australian federalism are overstated and relatively easily fixed given the requisite political will. Australia will have a rare opportunity for constructive “root and branch” federalism reform if a Rudd Labor government can be persuaded by the eight State and Territory Labor governments to implement some relatively simple but far-reaching fiscal and structural changes.
Swan W (2009). Federalism and the engine room of prosperity.
In: Wanna J, ed. Critical Reflections on Australian Public Policy: Selected Essays (ANZSOG Series) Canberra: ANU E-Press, pp. 3-12.
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Australian Treasurer Wayne Swan outlines education reform as an example of what might be achieved through cooperative federalism.
Education is both economic policy and social policy. It is now the key policy area where good economics and good moral values combine to produce the best results…
Modern federalism will enable us to finally undertake bold reforms to Australia’s school system – notwithstanding the fact that the responsibility for schools policy in this country staddles Commonwealth-state boundaries. Our modernisation of the federation is driven by the same practical spirit that inspired Federation itself: a desire to create systems that stand the best chance of delivering for the Australian people.
Tiernan A (2008). The Council for the Australian Federation: a new structure of Australian federalism.
Australian Journal of Public Administration, 67 (2):122-134.
Griffith University's Anne Tiernan describes the genesis and creation of CAF, a new structural response to ongoing state concerns about the trend to an increasingly centralised pattern of Commonwealth-State relations. Informed by interviews with key players involved with its establishment and documentary sources, this article assesses CAF's performance during its first 18 months of operation.
Twomey A (2008). Australia's Commonwealth government ends blame game: window of opportunity opens for co-operative federalism.
Federations (June/July): 23-25. Link to PDF (2.3 MB)
Anne Twomey is an Australian constitutional lawyer and an Associate Professor of Law at the University of Sydney. She was a member of the Governance Group at the 2020 Summit. She writes:
"Instead of giving up on federalism, the state premiers united and performed reconstructive surgery. They formed the Council for the Australian Federation in October 2006 creating a structure for the states to negotiate with the federal government, and also achieve harmonisation of laws where needed."
Walker G de Q (2001). Ten advantages of a federal constitution: and how to make the most of them.
Policy, (Summer 2001-2): 35-41. Link to PDF (162 KB)
Wanna J, Phillimore J, Fenna A, Harwood J (2009). Federalist Paper 3 – Common Cause: Strengthening Australia’s Cooperative Federalism
PDF (740KB)
Authored by academics from the Australia and New Zealand School of Government (ANZSOG) and John Curtin Institute of Public Policy (JCIPP), this paper outlines principles to guide cooperative federalism, mechanisms to improve the architecture and governance arrangements of cooperative federalism, and proposals to improve cultural practices for best practice federalism. It seeks to build on the opportunities for federalism reform presented by the Commonwealth Government’s commitment to cooperative federalism and the reinvigorated COAG process.
While this report was commissioned by CAF, the views expressed in the report do not represent the official views of the States and Territories or the Council for the Australian Federation.
Wanna J (2007). Improving federalism: drivers of change, repair options and reform scenarios.
Australian Journal of Public Administration, 66 (3): 275-279.
Williams G (2008). Now for the hard bit.
Australian Policy Online, (10 December). See www.apo.org.au
George Williams (Anthony Mason Professor at the University of NSW and visiting fellow at ANU College of Law) argues that COAG has made great progress on reforming federalism, but the next step must be to lock in a new era of federal-state relations.