Belinda Reeve

Food Reformulation, Responsive Regulation, and “Regulatory Scaffolding”: Strengthening Performance of Salt Reduction Programs in Australia and the United Kingdom

Strategies to reduce excess salt consumption play an important role in preventing cardiovascular disease, which is the largest contributor to global mortality from non-communicable diseases. In many countries, voluntary food reformulation programs seek to reduce salt levels across selected product categories, guided by aspirational targets to be achieved progressively over time. This paper evaluates the industry-led salt reduction programs that operate in the United Kingdom and Australia. Drawing on theoretical concepts from the field of regulatory studies, we propose a step-wise or “responsive” approach that introduces regulatory “scaffolds” to progressively increase levels of government oversight and control in response to industry inaction or under-performance. Our model makes full use of the food industry’s willingness to reduce salt levels in products to meet reformulation targets, but recognizes that governments remain accountable for addressing major diet-related health risks. Creative regulatory strategies can assist governments to fulfill their public health obligations, including in circumstances where there are political barriers to direct, statutory regulation of the food industry.

Private Governance, Public Purpose? Assessing Transparency and Accountability in Self-Regulation of Food Advertising to Children

Reducing non-core food advertising to children is an important priority in strategies to address childhood obesity. Public health researchers argue for government intervention on the basis that food industry self-regulation is ineffective; however, the industry contends that the existing voluntary scheme adequately addresses community concerns. This paper examines the operation of two self-regulatory initiatives governing food advertising to children in Australia, in order to determine whether these regulatory processes foster transparent and accountable self-regulation. The paper concludes that while both codes appear to establish transparency and accountability mechanisms, they do not provide for meaningful stakeholder participation in the self-regulatory scheme. Accordingly, food industry self-regulation is unlikely to reflect public health concerns or to be perceived as a legitimate form of governance by external stakeholders. If industry regulation is to remain a feasible alternative to statutory regulation, there is a strong argument for strengthening government oversight and implementing a co-regulatory scheme.

The Historic Role of Boards of Health in Local Innovation: New York City’s Soda Portion Case

Childhood and adult obesity pose major risks for cancer, diabetes, and cardiovascular disease, with the poor and racial minorities suffering from disproportionately high burdens of obesity and chronic disease. With current policies failing, cities and states have moved forward with creative prevention measures –- with boards of health driving policy innovation in many local jurisdictions. The New York City Board of Board of Health’s (NYCBH) soda portion limit pushed the boundaries of innovation, but was struck down on June 26, 2014 by New York State’s highest court, which held that the Board trespassed on the City Council’s authority.The Court’s decision ignored the critical role of local health agencies in responding to 21st century public health threats, including epidemics of obesity and chronic disease. The Court narrowly construed the NYCBH’s authority, characterizing its powers as administrative, and thus potentially stifling local innovation. The decision also obscured the fundamental truth that public health policymaking requires complex trade-offs and incremental action, as well as a multifaceted approach to reducing population weight gain. Policymaking often relies upon limited evidence, and agencies experiment with novel ideas while also transforming social norms and pushing the boundaries of public opinion. Although the portion rule would disproportionately affect disadvantaged individuals who drink the largest amount of soda, government’s failure to act represents a greater injustice. Enhancing opportunities to choose a healthy life path better serves the interests of justice, but the Court’s judgment takes us further away from realizing this social aspiration.

State and Municipal Innovations in Obesity Policy: Why Localities Remain a Necessary Laboratory for Innovation

Municipal and state governments are surging ahead in obesity prevention, providing a testing ground for innovative policies and shifting social norms in the process. Though high-profile measures such as New York Citys soda portion rule attract significant media attention, we catalog the broader array of initiatives in less-known localities. Local innovation advances prevention policy, but faces legal and political constraints-constitutional challenges, preemption, charges of paternalism, lack of evidence, and widening health inequalities. These arguments can be met with astute framing, empirical evidence, and policy design, enabling local governments to remain at the forefront in transforming obesogenic environments.

Regulation, Managerial Discretion and Family-Friendliness in Australia’s Changing Industrial Relations Environment

This article examines how managers grant employees access to family-friendly work conditions and the institutional, organization and individual-level factors affecting their decision-making processes. This research question is addressed by comparing family-friendly conditions in collective agreements in the Australian retail and public service sectors. An analysis of interviews with management staff in the two sectors then explores how access to these family-friendly conditions works in practice. We found that at an institutional level, the different collective agreement conditions in each sector enabled or constrained managers’ ability to create family-friendly working arrangements for employees. Industry-specific pressures and workplace ‘cultures’ also shaped the ease with which managers could grant employees access to conditions. Most importantly, managers’ discretion operated on the basis of a cost–benefit analysis, where managers weighed up the benefits of retaining an employee’s skills and knowledge against the costs of implementing a particular family-friendly arrangement. The article concludes by considering managerial discretion in relation to recent reforms to Australia’s industrial relations laws.

‘Legislative scaffolding’: a new approach to prevention

AUSTRALIAN AND NEW ZEALAND JOURNAL OF PUBLIC HEALTH 2013 vol. 37 no. 5

Australian workplace health and safety regulatory approaches to prosecution: Hegemonising compliance

Enforcement of workplace health and safety regulations remains a contentious matter, especially in the context of Australia’s project to harmonise commonwealth, state and territory workplace health and safety legislation. This article presents the findings of a qualitative study investigating policies and practices associated with prosecution and enforcement in two Australian regulatory agencies, prior to harmonisation. The article finds that by 2008, both regulators had taken significant steps to render their enforcement policy and practice, particularly in relation to prosecution, more transparent and accountable to employers and the wider community. They produced detailed and publicly available enforcement policies and prosecution guidelines, reconfigured the work of the general inspectorate (confining it to routine workplace health and safety surveillance and the provision of education and advice to employers) and established a separate administrative unit responsible for investigation and prosecution. Both regulators structured prosecution processes to achieve explicitly technocratic outcomes, namely, enhanced efficiency, objectivity, timeliness, consistency and quality improvement in investigations. These processes went hand in hand with a dramatic decline in the use of prosecution in New South Wales from 2002 to 2010, and an uneven but marginal increase in Victoria for the same period. The article concludes by discussing what these findings might imply for workplace health and safety regulators’ approaches to prosecution and for deterrence under Australia’s new harmonised regime.

Judicial intervention in alcohol regulation: an empirical legal analysis.

Objective: While governments draft law and policy to promote public health, it is through cases put before the judiciary that the implementation of law can be challenged and where its practical implications are typically determined. In this paper, we examine the role of court judgements on efforts in Australia to regulate the harmful use of alcohol.

The Role of the Judiciary in Occupational Health and Safety Prosecutions: Institutional Processes and the Production of Deterrence

Drawing on interviews with judicial officers in two Australian states, this article examines the role of judges in sentencing occupational health and safety offenders. Specifically, it focuses on the deterrent impact of occupational health and safety prosecutions, including judges’ understanding of deterrence and the judicial role in deterring serious breaches of occupational health and safety legislation. Judges thought that occupational health and safety prosecutions had some deterrent impact on prosecuted offenders, but were sceptical as to whether prosecutions led to lasting improvements in workplace safety, both in relation to the prosecuted offender and the wider community. Judges’ scepticism related to the fact that they viewed deterrence as a complex process involving a range of social institutions, including occupational health and safety regulators and the media. Further, the judiciary’s influence over sentencing outcomes was constrained by key elements of the judicial role, including the requirement that judges remain impartial and detached from other actors in the prosecution process. However, judges do play an important role in preventing workplace deaths and injuries, especially in relation to the constitutive or communicative effects of prosecution. By sentencing offenders, the judiciary acts as a key component in institutional processes that construct employers as bearing primary responsibility for the prevention of workplace deaths and injuries.