TQM’s presence within legal systems: example of impact on Australian higher education

Padro, Fernando F. and Trimmer, Karen and Chang, Heejin and Green, Jonathan ORCID: https://orcid.org/0000-0003-1468-1970 (2020) TQM’s presence within legal systems: example of impact on Australian higher education. The TQM Journal. pp. 1-20. ISSN 1754-2731


Abstract

Purpose
The purpose of this study is to investigate the extent to which TQM has influenced the legal system in Australia, an area seldom investigated in the quality or legal literature.

Design/methodology/approach
Documentary and policy analysis of legislation, rules and rulemaking documentation based on a partial application of historical-policy analysis (HPA). Textual analysis was based on Dean and Bowen’s (1994) definition of TQM and Vinni’s (2007) review of new public management and Swiss (1992) 'reformed TQM' concepts.

Findings
Australia’s Tertiary Education Quality and Standards Agency Act of 2011 and supporting legal documents such as Guidance Notes include language reflective of TQM principles, providing evidence that present-day administrative law schemes include TQM practices and tools to undergird procedures of regulatory expectations (sometimes in the form of standards), monitoring and general operations. Oftentimes, it is the supporting legal documentation where TQM practices are found and operationalized.

Research limitations/implications
This is a proof-of-concept research study to determine the feasibility to identify TQM concepts within the existing language of legal statutes and supporting regulatory documentation. As such this study worked out the preliminary research challenges in performing this type of analysis.

Practical implications
Understanding TQM’s impact on legal systems expands the system’s perspective of organizations that do not always factor in the influence government policy has on organizational behaviours and outlooks. More specifically, understanding TQM’s influence sheds insight on regulatory requirements imposed on a sector and the normative aspects of regulatory compliance that impact the operations and strategic planning of organizations.

Social implications
The article provides an example of how legal administrative rulemaking influences organizational operational and strategic activities to remain viable in the organization’s business or industrial sector.

Originality/value
There are few research papers or literature reviews pertaining to the subject of TQM concepts embedded in laws and regulations, most of which date from the 1980s through early 2000s.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty/School / Institute/Centre: Current - USQ College (8 Jun 2020 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Education (1 July 2019 -)
Date Deposited: 11 Sep 2020 00:02
Last Modified: 16 Sep 2020 04:27
Uncontrolled Keywords: Impact, Law, Legal system, Regulation, Rulemaking, TQM
Fields of Research (2008): 13 Education > 1301 Education Systems > 130103 Higher Education
13 Education > 1303 Specialist Studies in Education > 130399 Specialist Studies in Education not elsewhere classified
18 Law and Legal Studies > 1801 Law > 180103 Administrative Law
13 Education > 1303 Specialist Studies in Education > 130304 Educational Administration, Management and Leadership
15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150313 Quality Management
18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Identification Number or DOI: 10.1108/TQM-12-2019-0307
URI: http://eprints.usq.edu.au/id/eprint/39479

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