Parliament of Victoria

FEDERAL-STATE RELATIONS COMMITTEE

Report on

AUSTRALIAN FEDERALISM: THE ROLE OF THE STATES

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Appendix 4: Bibliography

Cases

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129

Attorney-General for New South Wales v Brewery Employees Union of New South Wales (1908) 6 CLR 469

Capital Duplicators [No 2] (1993) 178 CLR 561

The Commonwealth v Tasmania (1983) 158 CLR 1

D’Emden v Pedder (1904) 1 CLR 91

Dickinson’s Arcade Pty Ltd v Tasmania (1974) 130 CLR 177

Federated Amalgamated Government Railway and Tramway Service Association v New South Wales Railway Traffic Employees Association (1906) 4 CLR 488

Ha v New South Wales; Hammond & Associates Pty Ltd v New South Wales (1997) 71 ALJR 1080; 146 ALR 355

Koowarta v Bjelke-Peterson (1982) 153 CLR 168

Mabo v Queensland (No 2) (1992) 175 CLR 1

New South Wales v Commonwealth (1915) 20 CLR 54

Sankey v Whitlam (1978) 142 CLR 1

South Australia v Commonwealth) 65 CLR 373

The State of Victoria v The Commonwealth (1957) 99 CLR 575

Victoria v The Commonwealth (1971) 122 CLR 353

Wik Peoples v The State of Queensland (1996) 141 ALR 129

Communiques, media releases, speeches, etc

Council of Australian Governments, Communique, December 7th 1992

Council of Australian Governments, Communique, June 8th-9th 1993

Council of Australian Governments, Communique, February 25th 1994

Council of Australian Governments, Communique, August 19th 1994

Council of Australian Governments, Communique, April 11th 1995

Council of Australian Governments, Communique, June 14th 1996

Council of Australian Governments, Communique, November 6th 1997

Greiner, N, Physician, Heal Thyself, Speech delivered to the National Press Club, Canberra, 25th July 1990

Hawke, R, Towards a Closer Partnership, Speech delivered to the National Press Club, Canberra, July 19th 1990

Heads of Government Meeting, Communique, May 11th 1992

Keating, P, The Commonwealth and the States and the November Premiers Conference, Speech delivered to the National Press Club, Canberra, October 22nd 1991

Meeting of Premiers and Chief Ministers, Communique, November 21st-22nd 1991

Meeting of Premiers and Chief Ministers, Communique, April 26th 1992

Melbourne Convention, Final Communique, March 5th 1998

Prime Minister the Hon John Howard, Media Release, August 13th 1997

Prime Minister the Hon John Howard, interview with Howard Sattler, Radio 6PR, May 27th 1998

Prime Minister the Hon John Howard and Chief Minister the Hon Shane Stone, Media Release, August 11th 1998

Special Premiers Conference, Communique, October 30th-31st 1990

Special Premiers Conference, Communique, July 30th-31st 1991

Government financial information

Advisory Committee on Intergovernmental Relations, Significant Features of Fiscal Federalism, Washington, 1993, Vol 2, p 12; extracted in Watts, R, Comparing Federal Systems in the 1990s, Institute of Intergovernmental Relations, Queen’s University, Kingston, 1996, pp 42-3

Annuaire statistique de la Suisse; extracted in Watts, R, Comparing Federal Systems in the 1990s, Institute of Intergovernmental Relations, Queen’s University, Kingston, 1996, pp 42-3

Australian Bureau of Statistics, Government Finance Statistics, Cat No 5512.0; extracted in Mathews, R and Grewal, B, The Public Sector in Jeopardy: Australian Fiscal Federalism from Whitlam to Keating, Centre for Strategic Economic Studies, Victoria University, 1997, Table 2.3, p 45, Table 2.6, p 51, Table 6.3, p 186, Table 6.6, p 199, Table 10.3, p 408, Table 10.4, p 410, Table 10.9, p 433

Commonwealth of Australia, Payments to or for the States and Local Government Authorities, Budget Paper No 7, 1976-77; 1977-78; 1978-79; 1979-80; extracted in Mathews, R and Grewal, B, The Public Sector in Jeopardy: Australian Fiscal Federalism from Whitlam to Keating, Centre for Strategic Economic Studies, Victoria University, 1997, Table 4.1, p 88

Commonwealth of Australia, Payments to or for the States and Local Government Authorities, Budget Paper No 7, 1979-80; 1980-81; 1981-82; 1982-83; 1983-84; 1984-85; 1985-86; 1986-87; extracted in Mathews, R and Grewal, B, The Public Sector in Jeopardy: Australian Fiscal Federalism from Whitlam to Keating, Centre for Strategic Economic Studies, Victoria University, 1997, Table 8.5, p 291

Commonwealth of Australia, Payments to or for the States, the Northern Territory and Local Government Authorities, Budget Paper No 7, 1986-87; extracted in Mathews, R and Grewal, B, The Public Sector in Jeopardy: Australian Fiscal Federalism from Whitlam to Keating, Centre for Strategic Economic Studies, Victoria University, 1997, Table 12.1, p 531

Commonwealth of Australia, Commonwealth Financial Relations with Other Levels of Government, Budget Paper No 4, 1987-88; 1988-89; 1989-90; 1991-92; 1992-93; extracted in Mathews, R and Grewal, B, The Public Sector in Jeopardy: Australian Fiscal Federalism from Whitlam to Keating, Centre for Strategic Economic Studies, Victoria University, 1997, Table 12.1, p 531

Commonwealth of Australia, Commonwealth Financial Relations with Other Levels of Government, Budget Paper No 3, 1993-94; 1994-95; 1995-96; extracted in Mathews, R and Grewal, B, The Public Sector in Jeopardy: Australian Fiscal Federalism from Whitlam to Keating, Centre for Strategic Economic Studies, Victoria University, 1997, Table 12.1, p 531

Commonwealth of Australia, Federal Financial Relations 1998-99, 1998-99 Budget Paper No 3

Foster, R, Australian Economic Statistics 1949-50 to 1994-95, Occasional Paper No 8, Reserve Bank of Australia, Sydney, 1996; extracted in Mathews, R and Grewal, B, The Public Sector in Jeopardy: Australian Fiscal Federalism from Whitlam to Keating, Centre for Strategic Economic Studies, Victoria University, 1997

State of Victoria, Budget Estimates 1998-99, 1998-99 Budget Paper No 3

State of Victoria, Budget Statement 1998-99, 1998-99 Budget Paper No 2

Hansard

Parliament of Queensland, Legislative Assembly Hansard, July 30th 1998, p 1383 (per Mr P Wellington MLA), p 1385 (per Mr T Cooper MLA), p 1414-5, 1416 (per Mr J Seeney), p 1465 (per Mr G Malone MLA), pp 1469, 1470 (per Mr J Elliott MLA); August 5th 1998, p 1617 (per Mr N Roberts MLA), p 1658 (per Mr T Cooper MLA), p 1666 (per Mr V Johnson MLA), p 1671 (per Mr M Rowell MLA), 1674 (per Mr N Roberts MLA), p 1629 (per The Hon H Palaszczuk MLA, Minister for Primary Industries); August 6th 1998, p 1720 (per The Hon D Hamill MLA, Treasurer), pp 1757-8 (per The Hon J Fouras MLA), pp 1771, 1772 (per The Hon K Hayward MLA), p 1773 (per Mr L Stephan MLA).

Parliament of Australia, Senate Hansard, March 24th 1997, pp 2327-8 (per Senator R Collins); December 2nd 1997, p 10178 (per Senator N Bolkus).

Monographs

Bird, R, Federal Finance in Comparative Perspective, Canadian Tax Foundation, Toronto, 1986

Brown, D and Fry, E (eds), States and Provinces in the International Economy, Institute of Governmental Studies Press, University of California, Berkeley, 1993

Carroll, P and Painter, M (eds), Microeconomic Reform and Federalism, Federalism Research Centre, Australian National University, Canberra, 1995

Craven, G, “Would the Abolition of the States be an Alteration of the Constitution under Section 128?” (1989) 18 Federal Law Review 85

Deeg, R, “Economic Globalization and the Shifting Boundaries of German Federalism”, Publius: The Journal of Federalism, Vol 26, No 1, 1996, pp 27-52

Edwards, M and Henderson, A, “COAG: A Vehicle for Reform” in Carroll, P and Painter, M (eds), Microeconomic Reform and Federalism, Federalism Research Centre, Australian National University, Canberra, 1995, pp 21-51

Elazar, D J, Exploring Federalism, University of Alabama Press, Tuscaloosa, 1987

Fletcher, C and Walsh, C, Intergovernmental Relations in Australia: Managerialist Reform and the Power of Federalism, Discussion Paper No 4, Federalism Research Centre, Australian National University, Canberra, 1991

Galligan, B, A Federal Republic, Cambridge University Press, Cambridge, 1995

Garnaut, R, Australia and the Northeast Asian Ascendancy, Australian Government Publishing Service, Canberra, 1989

Goss, W, Restoring the Balance: The Future of the Australian Federation, Federalism Research Centre, Australian National University, Canberra, 1995

Gress, F, “Interstate Cooperation and Territorial Representation in Intermestic Politics”, Publius: The Journal of Federalism, Vol 26, No 1, 1996, pp 53-71

Groenewegen, P, Public Finance in Australia (3rd ed), Prentice Hall, Sydney, 1990

Hamilton, S, “The Intergovernmental Agreement on the Environment: Three Years On” in Carroll, P and Painter, M (eds), Microeconomic Reform and Federalism, Federalism Research Centre, Australian National University, Canberra, 1995, pp 185-90

Hawke, R, Building a Competitive Australia, Australian Government Publishing Service, Canberra, 1991

Hede, A, “Reforming the Policy Role of Inter-Governmental Ministerial Councils” in Hede, A and Prasser, S (eds), Policy Making in Volatile Times, Hale and Iremonger, Sydney, 1993

Intergovernmental News, Quarterly, Centre for Comparative Constitutional Studies, University of Melbourne, Melbourne, 1988-96

Knop, K, Ostry, S, Simeon, R and Swinton, K (eds), Rethinking Federalism: Citizens, Markets, and Governments in a Changing World, University of British Columbia Press, Vancouver, 1995

Larkin, J and Dwyer, T, Refocussing Microeconomic Reform, Business Council of Australia, Melbourne 1994

Leslie, P, The Maastricht Model: A Canadian Perspective on the European Union, Institute of Intergovernmental Relations, Queen’s University, Kingston, 1996

McPhee, I, “Towards a Model for Two-Tier Government”, Australian Federalism: Future Directions, Structural Change, Conference held at the Centre for Comparative Constitutional Studies, University of Melbourne, July 15th 1994

Mathews, R and Grewal, B, The Public Sector in Jeopardy: Australian Fiscal Federalism from Whitlam to Keating, Centre for Strategic Economic Studies, Victoria University, 1997

Mathews, R and Jay, W, Federal Finance: Australian Fiscal Federalism from Federation to McMahon, Thomas Nelson, Sydney, 1972, reprinted Centre for Strategic Economic Studies, Victoria University, Melbourne, 1997

Nahan, M, “Competitive and Uncompetitive Approaches to Competition Policy and Microeconomic Reform” in Carroll, P and Painter, M (eds), Microeconomic Reform and Federalism, Federalism Research Centre, Australian National University, Canberra, 1995, pp 233-42

Nelson, H, “Recipes for Uniformity: The Case of Food Standards”, Australian Journal of Political Science, Vol 27, 1992, pp 63-77

Osbourne, D and Gaebler, T, Reinventing Government, Penguin, New York, 1993

Ostrom, V, The Political Theory of a Compound Republic: Designing the American Experiment (2nd ed), University of Nebraska Press, Lincoln, 1987

Painter, M, The COAG and Intergovernmental Cooperation, Federalism Research Centre, Australian National University, Canberra, 1995

Pendal, P, “Intergovernmental Agreements, Uniform Legislation and the Parliamentary System” in Carroll, P and Painter, M (eds), Microeconomic Reform and Federalism, Federalism Research Centre, Australian National University, Canberra, 1995, pp 255-66

Peterson, P, The Price of Federalism, The Brookings Institution, Washington, DC, 1995

Quick, J and Garran, R, The Annotated Constitution of the Australian Commonwealth, Angus and Robertson, Sydney, 1901, p 865

Saunders, C, The Impact of Intergovernmental Relations on Parliament, Papers on Federalism No 1, Centre for Comparative Constitutional Studies, University of Melbourne, Melbourne, 1984

Saunders, C, Accountability and Access in Intergovernmental Affairs: A Legal Perspective, Papers on Federalism No 2, Centre for Comparative Constitutional Studies, University of Melbourne, Melbourne, 1985

Saunders, C, Intergovernmental Arrangements: Legal and Constitutional Framework, Papers on Federalism No 14, Centre for Comparative Constitutional Studies, University of Melbourne, Melbourne, 1989

Saunders, C, “Intergovernmental Relations: National and Supranational” in Carroll, P and Painter, M (eds), Microeconomic Reform and Federalism, Federalism Research Centre, Australian National University, Canberra, 1995, pp 52-62

Saunders, C (ed), The Australian Constitution (Annotated), Constitutional Centenary Foundation, Melbourne, 1997

Scharpf, F, “The Joint-Decision Trap: Lessons from West German Federalism and European Integration”, Public Administration, Vol 66, 1988, pp 239-78

Smiley, D, The Federal Condition in Canada, McGraw-Hill, Ryerson, Toronto, 1987

Thomas, T and Saunders, C, The Australian Mutual Recognition Scheme, Centre for Comparative Constitutional Studies, University of Melbourne, Melbourne, 1995

Twomey, A, “The Role and Interests of the States”, The Impact of International Law on Australian Law: Recent Developments and Challenges, Conference held at the Faculty of Law, University of Sydney, November 28th 1997

Uhr, J, “Parliament and the Political Management of Federalism” in Carroll, P and Painter, M (eds), Microeconomic Reform and Federalism, Federalism Research Centre, Australian National University, Canberra, 1995, pp 267-85

Walsh, C, Reform of Commonwealth-State Relations: No Representation Without Taxation, Occasional Paper 2, Federalism Research Centre, Australian National University, Canberra, 1993

Walmsley, D and Weinand, H, “Fiscal Federalism and Social Well-Being in Australia”, Australian Geographical Studies, Vol 35, November 1997, pp 260-70

Warden, J, “Federalism & The Design of the Australian Constitution”, Australian Journal of Political Science, Vol 27, 1992

Warhurst, J, “Intergovernmental Managers and Cooperative Federalism: The Australian Case”, Public Administration, Vol 61, No 3, 1983

Watts, R, Executive Federalism: A Comparative Analysis, Institute of Intergovernmental Relations, Queen’s University, Kingston, 1989

Watts, R, Comparing Federal Systems in the 1990s, Institute of Intergovernmental Relations, Queen’s University, Kingston, 1996

Weaver, R, “Deficits and Devolution in the 104th Congress”, Publius: The Journal of Federalism, Vol 26, No 3, 1996, pp 45-85

Weissert, C and Schram, S, “The State of American Federalism, 1995-1996”” Publius: The Journal of Federalism, Vol 26, No 3, 1996, pp 1-26

Wheare, K, Federal Government (4th ed), Oxford University Press, Oxford, 1963

Wiltshire, K, “Barriers to Rationalising Commonwealth-State Overlap” in Economic Planning Advisory Council, Towards a more Cooperative Federalism?, Discussion Paper 90/04, Australian Government Publishing Service, Canberra, 1990

Newspapers

Grattan, M, “Mantras won’t mend imbalance”, Australian Financial Review, November 3rd 1997, p 16

Taylor, L and Dodson, L, “Fundamental nod on tax”, Australian Financial Review, November 7th 1997, p 7

Taylor, L, “Howard’s uncertainties”, Weekend Australian Financial Review, Perspective, November 8th-9th 1997, p 27

Merrit, C, “Fiscal federalism up for judgement”, Australian Financial Review, June 12th 1997

Kelly, P, “Verdict upsets power balance”, The Australian, August 6th 1997

Waugh, J, “Commonwealth left with the cards and the cash”, The Age, August 6th 1997

Reports

ACIL Economics and Policy Pty Ltd, Cost of Overlap and Duplication Between Different Levels of Government, The Institute of Public Affairs for State and Territory Governments

Administrative Review Commission, Report to the Attorney-General: Rule Making by Commonwealth Agencies, Report No. 35, Australian Government Publishing Service, Canberra, 1992

Australian National Office of Audit (1995) Specific Purpose Payments to and through the States and Territories, Australian Government Publishing Service, Canberra, 1995

Australia New Zealand Food Authority entry in the Commonwealth Government On-Line Directory, available on the World Wide Web at http://gold.directory.gov.au/ tmpl/s.html

Electoral and Administrative Review Commission, Report on the Review of Parliamentary Committees, Parliament of Queensland, Brisbane, 1992

Economic Planning Advisory Council, Promoting Competition in Australia, Council Paper No 38, Australian Government Publishing Service, Canberra, 1989

Economic Planning Advisory Council, Towards a more Cooperative Federalism?, Discussion Paper 90/04, Australian Government Publishing Service, Canberra, 1990

Federal-State Relations Committee, International Treaty Making and the Role of the States, First Report on The Inquiry into Overlap and Duplication, Parliament of Victoria, Melbourne, 1997

Hilmer, Fred et al, National Competition Policy: Report of the Independent Committee of Inquiry, Australian Government Publishing Service, Canberra, 1993

Industry Commission, Annual Report 1989-90, Australian Government Publishing Service, Canberra, 1990

Industry Commission, Annual Report 1993-4, Australian Government Publishing Service, Canberra, 1994

Joint Committee of Public Accounts, The Administration of Specific Purpose Payments, Parliament of Australia, Canberra, 1995

National Commission of Audit, Report to the Commonwealth Government, Canberra, Australian Government Publishing Service, 1996

National Competition Council, Annual Report 1996-97, National Competition Council, Melbourne, 1997

Productivity Commission, Stocktake of Progress in Microeconomic Reform, Australian Government Publishing Service, Canberra, 1996

Productivity Commission, Impact of Mutual Recognition on Regulations in Australia: A Preliminary Assessment, Information Paper, Office of regulatory Review, Productivity Commission, Canberra, 1997

Senate Reference Committee on Employment, Education and Training Reference, Accountability in Commonwealth-State Funding Arrangements in Education, Senate Printing Unit, Parliament of Australia, Canberra, 1995

Select Committee for Parliamentary Procedures for Uniform Legislation Agreements, Report of the Select Committee for Parliamentary Procedures for Uniform Legislation Agreements, Parliament of Western Australia, Perth, 1992

South Australian Constitutional Advisory Council, Final Report, Adelaide, 1996

Standing Committee on Uniform Legislation and Intergovernmental Agreements, Second Report: Structures, Parliament of Western Australia, Perth, 1994

Standing Committee on Uniform Legislation and Intergovernmental Agreements, First Annual Report: A Year’s Experience, Parliament of Western Australia, Perth, 1995

Weller, P, Commonwealth-State Reform Processes, Department of Prime Minister and Cabinet, Canberra, 1995

Working Party of Representatives of Scrutiny of Legislation Committees throughout Australia, Scrutiny of National Schemes of Legislation: Position Paper, Parliament of Australia, Canberra, 1996

Statutes, bills, regulations, etc

Australian Capital Territory (Self-Government) Act 1988 (Cth)

Australian Financial Institutions Commission Act 1992 (Qld)

Australian National Training Authority Act 1992 (Cth)

Australia New Zealand Food Authority Act 1991 (Cth)

Australian Securities Commission Act 1989 (Cth)

Commonwealth Electoral Act 1918 (Cth)

Commonwealth of Australia, Gazette, 1901

Competition Policy Reform (Victoria) Act 1995 (Vic)

Constitution of Australia

Corporations Act 1989 (Cth)

Corporations Law

Corporations (Victoria) Act 1990 (Vic)

Disabilities Services Act 1991 (Cth)

Disabilities Services Act 1991 (Vic)

Environment Protection and Biodiversity Conservation Bill 1998 (Cth)

Financial Institutions (Queensland) Act 1992 (Qld)

Financial Institutions (Victoria) Act 1992 (Vic)

Food Act 1984 (Vic)

Food Regulations 1986 (Vic)

Freedom of Information Act 1982 (Cth)

Freedom of Information Act 1982 (Vic)

Gas Pipeline Access (South Australia) Act 1997 (SA)

Gas Pipeline Access (Victoria) Act 1998 (Vic)

Mutual Recognition Act 1992 (Cth)

Mutual Recognition (Victoria) Act 1993 (Vic)

National Environment Protection Council Act 1994 (Cth)

National Environment Protection Council (Victoria) Act 1995 (Vic)

National Food Authority Act 1991 (Cth)

National Food Authority Amendment Act 1995 (Cth)

National Road Transport Commission Act 1991 (Cth)

Northern Territory (Self-Government) Act 1978 (Cth)

Representation Act 1983 (Cth)

Trade Practices Act 1974 (Cth)

Trans-Tasman Mutual Recognition Act 1997 (Cth)

Trans-Tasman Mutual Recognition (Victoria) Act 1998 (Vic)

Vocational Education and Training Act 1990 (Vic)



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