See, eg, GeorgeAmandaLazarusSabra, ‘Private prison: The Punished, the Profiteers, and the Grand Prix of State Approval’, (1995) 4 (March) Australian Feminist Law Journal153–73; JamesAlBottomleyA KLieblingAClareE, Privatizing Prisons (1997).
2.
MorrisNorvalRothmanDavid J, ‘Introduction’, in MorrisNorvalRothmanDavid J, (eds), The Oxford History of The Prison: The Practice of Punishment in Western Society (1998).
3.
HughesRobert cited in HirstJohn, ‘The Australian Experience: The Convict Colony’, in MorrisNorvalRothmanDavid J, (eds), above n 2.
4.
HughesOwen E, Public Management and Administration: An Introduction (3rd ed, 2003).
5.
The TMPA was often criticised, even in the early 20th century; see for example Sidney and Beatrice Webb (1920, cited in Barberis1998) who believed ministerial responsibility was ‘illusory as an instrument of democratic control’.
6.
Hughes, above n 4.
7.
VertiganMike, ‘Launch of the Management Reform Program — Its Place in Reforming the Operations of the Public Sector’, (Secretary, Department of Treasury and Finance, Open Day, Hotel Sofitel Melbourne, 6 November 1997).
8.
Prisoners may apply for three days to be removed from their sentence for each day they are confined to their cell due to industrial issues.
9.
HardingRichard, ‘Privatisation of Prisons’, The Law Report, 17 June 1997, Radio National Transcript, 2.
10.
ChanJ, ‘The Privatisation of Punishment: A Review of the Key Issues’, in MoylePaul (ed) Private Prisons and Police: Recent Australian Trends, (1997).
11.
Office of Corrections (Victoria), ‘Protecting the Community and Rehabilitating Offenders’, (1992) Keypoints10–11.
12.
See, eg, DouglasR O, ‘The Ends and the Means’ in WalkerS, (ed), Rogernomics: Reshaping New Zealand's Economy, Auckland Centre for Independent Studies, New Zealand (1989); Hughes, above n 4; Industry Commission, Competitive Tendering and Contracting by Public Sector Agencies (1996); MohanKaul, ‘Reform Strategies of Commonwealth Public Services’ in HalliganJohn (ed), Public Service Reform (Centre for Research in Public Sector Management in collaboration with IASIA, University of Canberra, 1998); MulganRichard, ‘Identifying the “Core” Public Service’, (1998) 98Canberra Bulletin of Public Administration1–7; SturgessGary L, ‘Virtual Government: What Will Remain Inside the Public Sector?’, (1996) 55(3) Australian Journal of Public Administration59–73; WellerPatrick, ‘The Role of the Public Sector: International Trends and Challenges’, in ScottIanThynnIan, (eds), Critical Issues and Perspectives (1993) 31–58.
13.
MulganRichard, Holding Power to Account: Accountability in Modern Democracies, (2003); WellerPatrick, above n 12; WellerPatrick, Don't Tell the Prime Minister (2002).
14.
See, eg, HodgeG ACoghillK, ‘Accountability in the Privatised State’ (Paper presented at 7th International Research Symposium on Public Management, Hong Kong, 4 October 2003); NeaveMarcia, (Chairperson) of Administrative Review Council The Contracting Out of Government Services: Report to the Attorney General, ARC Report No.42 (1998); TaggartM, ‘The Impact of Corporatisation and Privatisation on Administrative Law’, (1992) 51(3) Australian Journal of Public Administration368–73.
15.
Hughes, above n 4.
16.
StoneBruce, ‘Administrative Accountability in ‘Westminster’ Democracies: Towards a New Conceptual Framework’ (1995) 8(4) Governance: An International Journal of Policy and Administration505–25.
17.
Neave, above n 14.
18.
BarberisPeter, ‘The New Public Management and a New Accountability’, (1998) 76Public Administration451–70.
19.
Mulgan, above n 13.
20.
Today, this model would probably be referred to as a Build, Own, Operate and Transfer (BOOT) model.
21.
DalyTim, ‘Policy Overview and Framework for Prison Privatisation in Victoria’, (Paper presented at Privatisation and Public Policy: A Correctional Case Study Conference, Australian Institute of Criminology, Melbourne, 1–17 June 1997).
22.
Daly, above n 21.
23.
OsborneDavidGaeblerTed, Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Sector (1993).
24.
Such as the Public Sector Management Act 1992 (Vic) and the State Owned Enterprises Act 1992 (Vic), as well as changes to the Ombudsman Act 1973 (Vic) and Freedom of Information Act 1982 (Vic). In addition, changes specifically dealing with the prision system were made to the Corrections Act 1986 (Vic).
25.
ErnstJ, ‘A Brief Critical Survey of Privatisation’, (Paper presented at Public First: RMIT Conference on Privatisation of Utilities and Human Services, Melbourne, February, 1995); GeorgeLazarus, above n 1; Harding, above n 9.
26.
The Hon Andre Haermeyer (Minister for Corrections)‘Corrections Victoria – A More Seamless System’, (Media Release, 1 July 2003).
27.
Auditor General of Victoria, ‘Victoria's Prison System: Community Protection and Prisoner Welfare’, Special Report No.60, (1999); KirbyPeter (Chairman) RocheVivienneGreavesBrian, Independent Investigation into the Management and Operations of Victoria's Private Prisons (Department of Justice, Victoria2000).
28.
HardingRichard, Private Prisons and Public Accountability (1996); HardingRichard, ‘Private Prisons’, (2001) 28Crime and Justice.
29.
Harding (2001) above n 27, 319, 317.
30.
Haermeyer, above n 25.
31.
KaulMohan, above n 12; Neave, above n 14.
32.
The Hon Sir Gerard Brennan AC KBE, Chief Justice of Australia, ‘The Parliament, The Executive and The Courts: Roles and Immunities’ (Speech delivered at School of Law, Bond University, Queensland, 21 February 1998) <www.hcourt.gov.au/speeches/brennanj/brennanj_bond2.htm> at 17 February 2004.