the more accurate the data and the more of it, the better the chance that
legislators and researchers can predict the effects of a proposed statute.
Moreover, “evidence and analysis that is robust and publicly available can
serve as an important counterweight to the influence of sectional interests,
enabling the wider community to be better informed about what is at stake in
interest groups’ proposals, and enfranchising those who would bear the costs
of implementing them”.
516
Once data has been collected it should be made available to those who would
use it. There is an interesting contrast with regard to availability between
Australia and the United States of data collected in the national census. In the
United States the rule is that "if the public answered the questions, the public
has the right to analyse the data”.
517
In Australia by contrast data collected
from the nation in a census is not freely available. In consequence, it is not
available for primary analysis by researchers. This causes an obvious problem.
Researchers "cannot track vital individual experiences such as “education,
health, crime and labour market experiences," so they "lose the ability to make
subtle judgments about policy effectiveness”.
518
Explanations for Compliance
Introduction
Most of us are aware from both intuition and experience that behaviour
concerning complying or not complying with law is complex. It is likely that it
is just not possible to analyse compliance with a set of across the board rules.
Compliance may be contingent on the entire situation and the confounding
variables within it. This means that a best attempt to explain compliance
involves stating some major explanations that have some reach but without
necessarily being all embracing.
519
Rational Choice
Nature of Rational Behaviour
One theory of compliance is that people engage in calculating behaviour where
they weigh up the two outcomes –
the position they would be in if they
obeyed the law and the position they would be in if they did not obey the law.
Calculating behaviour is more likely to be involved in the situation where
citizens may obey a law because they will be rewarded if they obey it or
punished if the do not obey it (as is the case with criminal law). As a general
approach this is an explanation for behaviour advanced by learning theories in
___________________
516
Banks (2009) p 7
517
Leigh (2003)
518
Leigh (2003)
519
Martin (2007) p 21
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