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Record W2912660681

Police and the Executive

2017· dissertation· en· W2912660681 on OpenAlex
Ian Killey

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueVictoria University Research Repository (Victoria University) · 2017
Typedissertation
Languageen
FieldSocial Sciences
TopicPolicing Practices and Perceptions
Canadian institutionsnot available
Fundersnot available
KeywordsStatutory lawDoctrineLawPolitical scienceLegislationSeparation of powersGovernment (linguistics)ConstitutionCommon lawJudicial reviewIndependence (probability theory)Statutory interpretationAdministrative law
DOInot available

Abstract

fetched live from OpenAlex

This thesis examines the legal relationship between police and government in Australia to ascertain the extent to which the statutory forms and the understanding of those forms allow Australian police forces to be subject to direct or indirect government direction. The thesis also proposes areas of law reform to establish a constitutionally and legally coherent relationship. The methodology for the thesis is doctrinal and documentary. It involves examination of the statutory, parliamentary, judicial and historical record in Australia and comparable jurisdictions (predominantly United Kingdom and Canada) to ascertain the elements of the different models, the reason for their enactment and how they have been applied and understood. The thesis finds that there are three different statutory approaches used in Australia: the No, Broad and Limited Direction Models. However, the understanding of those models and the development of the Limited Direction Model, has been confused by a supposed doctrine of police independence developed during the 20th century based on flawed legal and historical considerations. Those flawed considerations include: • Selective use of the historical record; • Ignoring expressions of parliamentary intention when interpreting legislation; • Misapplication of judicial authorities; • Inflating the significance of the office of constable; • Misunderstanding and misapplying the doctrine of separation of powers; • Applying a flawed ‘mythology’ regarding Sir Robert Peel and his intentions; and • Minimising the constitutional significance of the doctrine of ministerial responsibility. This flawed view, combined with an erroneous understanding constitutional conventions, have led to a widely held but confused understanding of the police government relationship in Australia that police are, or should be independent of government in relation to ‘operational’ matters, but with no settled view as to the meaning of that term. This is further confused by another widely held view that policy decisions are the preserve of government, even though policy and operations are related and not contradictory concepts. The thesis has also identified a further area of confusion in the relationship, being significant legislative reductions to the security of tenure of Police Commissioners. All State police Commissioners are now employed for 5 year terms and most have little or no protection from arbitrary termination of appointment. This provide a means for indirect influence in a non transparent manner over Police Commissioners. Given this confused relationship the thesis proposes elements as a basis for the development of a coherent constitutional relationship. Those elements are: • Basing the relationship on the doctrine of ministerial responsibility with government empowered to direct police on all or the majority of policing matters. The only exclusions would be matters which can be demonstrated as inappropriate for government to direct. This element is consistent with government’s responsibility for policing and recognises that the effectiveness of police, as with other statutory bodies, can require certain well defined areas of independence. • Requiring the government direction power to be exercised transparently; which will ensure that governments are subject to scrutiny for exercises of that power. • Increasing the security of tenure for Police Commissioners, so as to reduce indirect government influence over police.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Science and technology studies
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.826
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0140.002
Scholarly communication0.0010.001
Open science0.0020.000
Research integrity0.0010.002
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.049
GPT teacher head0.360
Teacher spread0.310 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it