Pin the tail on the donkey – defining policy

Policy is a change that takes people and or things from where they are now, to where an organisation or a government wants them to be. 

Policies must be definable, measurable and valuable.

Every day policy influences our lives. It impacts which public school our kids can go to, the safety standards at our work sites, if we can access public housing, whether we can buy alcohol, if we are eligible for income support, what pets we can keep at home, how fast we can drive, if we can have a surrogate baby, and whether our overseas relatives can migrate to Australia.   

These policies are examples of public policies – policies made by the Commonwealth Government (also known as the Australian or Federal Government), state, territory or local government (often referred to as local council). 

Not all policies are public policies, nor are they all enshrined in legislation. Your favourite homeware store’s return policy is a requirement of legislation though it’s not a public policy. Your local watering hole’s dress code (and that of Australia’s Parliament House) is not governed by legislation or public policy; however, it can be legally challenged if it is discriminatory. And your kids’ sporting club’s policies encouraging appropriate parental behaviour are not public policies though they have the backing of public policy. 

Other types of organisations, businesses large and small, the Aboriginal Community Controlled sector, the for-purpose sector including grass-roots volunteer groups (think of folks who volunteer at the weekend sausage sizzles for the year 9 school camp) all have policies, including those that are requirements of legislation, regulation and public policy and those that are not – i.e., how often the sausage sizzle roster should be changed.

However, not all policies, including public policies, are directly linked to legislation. Government departments, the very ones that are in the business of public policy have many policies that are crafted in the interest of their jurisdiction (the part of the country they are responsible for – the whole country or a state or territory or in the case of local governments, a region).

Take for example government-led tourism campaigns. Tourism is an important and valuable sector in Australia’s economy and every jurisdiction wants their share (if not the biggest share) of the tourism pie.  It’s not a legislative requirement to market Australia’s many tourism destinations, though there is a lot of tourism public policy focussed on doing just that. On the flip side, there is a stack of legislation and public policy that regulates the tourism industry and its operators including how it is marketed. 

There are also public policies that are couched in legislation but can provide citizens with choice for some things though not for others, for example the promotion of public health. Australia’s, indeed, the world’s awareness of public health rose exponentially during the COVID-19 pandemic.  Australia and other countries under their respective legislations and within their public health frameworks, mandated COVID-19 vaccines with corresponding penalties for those who did not get vaccinated. Bio-security measures were also introduced as were restrictions on public movement and interactions, businesses, and schools among others – and with enforceable consequences for non-compliance.

There are also public health promotions and initiatives that are not obligatory for us to follow.  For example, we are often reminded, be that through direct correspondence, advertising campaigns and advice from health professionals about the importance of making healthier choices. We are encouraged to have regular health checks including regular cancer screening, to stop smoking and to lead a healthy and active life fuelled by a balanced diet and a good night’s sleep. The driver here for governments is not to penalise citizens who do not follow public health advice, rather it is the value (including the financial value) of preventing disease and promoting health versus the increasing costs and financial burden of illness and disease.

As members of the public, we are not obliged to access or use the outputs of all public policies. We aren’t obliged to have a breast screen or to holiday in Australia, no more than we are obliged to send our kids to a public school or to ignore the hot chips at the hospital’s cafeteria and buy an apple instead. This clearly isn’t the case for all public policies however – imagine what the Australian Taxation Office, Fair Work, police or customs would have to say (and do) about that. 

For a long while I (mis)understood that legislation was the alpha partner in the legislation and policy relationship, i.e., that it came first, and policy followed. While public policy is generated by governments, it is often born in the community (or for the more sceptical of us, on the back of envelopes in shady bars), shaped by our social contexts and fabrics, influenced by powerbrokers, national bodies, and lobby groups, re-packaged and branded by governments of the day, developed by public servants, challenged by many or by some, and supported by some or by many. And – wait for it – public policy shapes legislation. 

Policy informs and positions the drafting of amendments to and rescinding of legislation by articulating its scope, parameters, intentions and requirements. Consider how social and community aspirations and issues for example, suffrage, same-sex marriage, legal age to vote, food labelling and climate change to name a few, have shaped public debate and public policy, which in turn have shaped legislation. Chicken or egg indeed.