95. H. Cunningham, Leisure in the Industrial Revolution c.1780–1880 (London: Croom Helm, 1980).
96. In the state of Victoria, the privatisation of governance functions during the 1990s was extensive and had profound effects on the domestic political and natural environment. The net effect has been the considerable erosion of democratic participation in the local political process, at the expense of professional, corporate development to enhance tourism and other external interests. For prominent legislative examples, the source of considerable protest activity and the erosion of basic rights to participate in the democratic process at local level, see Coastal Management Act 1995; Docklands Authority Act 1991; Planning Authorities (Repeal) Act 1994; Project Development and Construction Management Act 1994; Southgate Project Act 1994; and see in particular extensive amendments to the Local Government Act 1989, especially s.208, which stipulates 50 per cent of local government revenue and business must be generated through competitive tendering regimes with Australian and New Zealand corporations. This development has had numerous effects on the privatisation community services, including public libraries, now required to present annual business plans and solicit competitive private sector revenues for core operational funding. While no research has been commissioned into the practical effect of these reforms, it seems local councils in regions with profound social dislocation, unemployment and diverse migrant populations have been worst affected by these reforms.
97. Cunningham (note 95).
98. Osborn (note 2), 62–4.
99. See also M. Fitzgerald, G. McLennan and J. Pawson, Crime and Society: Readings in History and Theory (London: Routledge and Kegan Paul in association with Open University Press, 1981).
100. Dicey (note 10).
101. ‘The evil of the worst period of municipal corruption had become well nigh intolerable for a long course of years. The corporate officers elected and re-elected themselves and each other for ever; the trust funds which should have healed the sick, and sheltered the old, and instructed the young, were employed in bribing a depraved class of electors; the functionaries made the constituency, and the constituency in return appointed the functionaries; so that if a sufficient number of corrupt and indolent men could be got into league, they could do what they pleased with the powers and funds of the borough. To those who felt that the welfare of a nation depends on its public and private virtue, who saw that the private vice of a community was found to be in substantial accordance with its municipal corruption, and who looked back through this avenue of history so as to perceive how low our people had sunk from the municipal freedom and purity of long preceding ages, it was consolatory to read the bold exposure made by the commissioners who had been appointed to inquire into the giant abuses. They report: “Even where these institutions exist in their least imperfect form, and are most rightfully administered, they are inadequate to the wants of the present state of society. In their actual condition, where not productive of evil, they exist, in a great majority of instances, for no purpose of general utility. The perversion of municipal institutions to political ends has occasioned the sacrifice of local interests to party purposes, which have been frequently pursued through the corruption and demoralization of the electoral bodies. There prevails among the inhabitants of a great majority of the incorporated towns a general and, in our opinion, a just dissatisfaction with their municipal institutions, a distrust of the self-elected municipal councils, whose powers are subjected to no popular control, and whose acts and proceedings being secret, are unchecked by the influence of public opinion; a distrust of the municipal magistracy, tainting with suspicion the local administration of justice, and often accompanied by contempt of the persons by whom the law is administered; a discontent under the burthens of local taxation, while revenues that ought to be applied for the public advantage are diverted from their legitimate use, and are sometimes wastefully bestowed for the benefit of individuals, sometimes squandered for purposes injurious to the character and morals of the people. We therefore feel it to be our duty to represent to your majesty that the existing municipal corporations of England and Wales neither possess nor deserve the confidence and respect of your majesty’s subjects, and that a thorough reform must be effected before they can become useful and efficient instruments of local government”’, Dr E. Fischel, The English Constitution, translated from 2nd German edition by R.J. Shee (London: Bosworth and Harrison, 1863), 332–3.
102. Department of Justice, Exposure Draft Bill and Community Discussion Paper: Peaceful Assemblies (Melbourne: State Government of Victoria, July 2001), i.
103. Peaceful Assemblies Bill 2001, cls.5(3), 6–8. Discussion of the proposal has been held over to the autumn 2002 session of state parliament in light of immense public division over these proposals: see X. La Canna, ‘Anger at new law to stop protests’, Sunday Age, 29 July 2001, 10.
104. I. Warren, ‘An Air of Uncertainty: private security regulation in Victoria’, Deakin Law Review 2/2 (1995), 223–53 at 236–7.
105. The Ombudsman, Victoria, Investigation of police action at the World Economic Forum demonstrations, September 2000: Report of the Ombudsman (Melbourne, Government Printer, June 2001).