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

Article


Padro, Fernando F., Trimmer, Karen, Chang, Heejin and Green, Jonathan. 2020. "TQM's presence within legal systems: example of impact on Australian higher education." The TQM Journal. https://doi.org/10.1108/TQM-12-2019-0307
Article Title

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

ERA Journal ID31179
Article CategoryArticle
AuthorsPadro, Fernando F. (Author), Trimmer, Karen (Author), Chang, Heejin (Author) and Green, Jonathan (Author)
Journal TitleThe TQM Journal
Number of Pages20
Year2020
PublisherEmerald
Place of PublicationUnited Kingdom
ISSN1754-2731
1754-274X
Digital Object Identifier (DOI)https://doi.org/10.1108/TQM-12-2019-0307
Web Address (URL)https://www.emerald.com/insight/content/doi/10.1108/TQM-12-2019-0307/full/html
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.

KeywordsImpact, Law, Legal system, Regulation, Rulemaking, TQM
ANZSRC Field of Research 2020390303. Higher education
390499. Specialist studies in education not elsewhere classified
480701. Administrative law
390403. Educational administration, management and leadership
350715. Quality management
480410. Legal theory, jurisprudence and legal interpretation
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Byline AffiliationsUSQ College
School of Education
Institution of OriginUniversity of Southern Queensland
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Small wins: a strategy for developing evidence for a student learning assistance program (LAP) unit through formative evaluation
Padro, Fernando F. and Kimmins, Lindy. 2013. "Small wins: a strategy for developing evidence for a student learning assistance program (LAP) unit through formative evaluation." PASS & Peer Learning Conference (2013). Wollongong, Australia Oct 2013
Using data from Learning Centre and other learning assistance programs to evaluate the institutional view of STEM discipline engagement
Padro, Fernando F., Frederiks, Anita and Kek, Megan Y.C.A.. 2013. "Using data from Learning Centre and other learning assistance programs to evaluate the institutional view of STEM discipline engagement." 2013 ASQ Advancing the STEM Agenda Conference. Grand Rapids, United States 03 - 04 Jun 2013
Strategies for establising systematic databases to determine the impact of learning assistance programs on student learning: approaches and early results
Padró, Fernando F., Kek, Megan Y. C. A., Frederiks, Anita, Kimmins, Lindy and Ridge, Brian. 2014. "Strategies for establising systematic databases to determine the impact of learning assistance programs on student learning: approaches and early results." 2014 Assessment Institute Conference. Indianapolis, United States of America 19 - 21 Oct 2014 https://doi.org/10.13140/2.1.2210.7203
Embedding a Risk Framework Using a SWOT Analysis
Padró, Fernando F. and Winwood, Ngaire. 2014. "Embedding a Risk Framework Using a SWOT Analysis." 2014 National Education Quality Conference (NQEC). Milwaukee, United States of America 15 - 17 Nov 2014 https://doi.org/10.13140/2.1.4438.9441
The pressures of the political on rigorous and ethical research
Trimmer, Karen. 2016. "The pressures of the political on rigorous and ethical research." Trimmer, Karen (ed.) Political pressures on educational and social research: international perspectives. Oxon, United Kingdom. Routledge. pp. 3-9
Maths challenges for pre-service teachers
Flegg, Nicholas and Trimmer, Karen. 2015. "Maths challenges for pre-service teachers." Trimmer, Karen, Black, Alison L. and Riddle, Stewart (ed.) Mainstreams, margins and the spaces in-between: new possibilities for education research. Abingdon, Oxford. Routledge. pp. 181-194
Measurement and modeling: sequential use of analytical techniques in a study of risk-taking in decision-making by school principals
Trimmer, Karen. 2016. "Measurement and modeling: sequential use of analytical techniques in a study of risk-taking in decision-making by school principals." Teacher Development. 20 (3), pp. 398-416. https://doi.org/10.1080/13664530.2016.1155477
Utilizing qualitative components of risk management as evidence on how university strategies meet QA criteria and standards
Padro, Fernando F., Winwood, Ngaire and Hawke, Michael F.. 2015. "Utilizing qualitative components of risk management as evidence on how university strategies meet QA criteria and standards." International Network for Quality Assurance Agencies in Higher Education Biennial Conference (INQAAHE 2015): Changing Landscape of higher Education: New Demands on Quality Assurance. Chicago, United States 30 Mar - 03 Apr 2015
Bringing the online student to campus: using a web-based planner to guide students in their studies
Padro, Fernando F., Kek, Megan and Newman, Tara. 2015. "Bringing the online student to campus: using a web-based planner to guide students in their studies." 2015 NASPA 20th Anniversary International Symposium: Exploring Our Past, Discovering Our Future. New Orleans, United States 21 - 22 Mar 2015
A quest for student success: exploring the contributions of co-curricular learning opportunities on student success as defined by TEQSA risk assessment framework
Kek, Megan, Kimmins, Lindy, Ayriss, Peter, Frederiks, Anita and Padro, Fernando. 2015. "A quest for student success: exploring the contributions of co-curricular learning opportunities on student success as defined by TEQSA risk assessment framework." 22nd International Conference on Learning 2015: What Counts as Learning? Big Data, Little Data, Evidence & Assessment. Madrid, Spain 09 - 11 Jul 2015 United States.
ACODE benchmarks for Technology Enhanced Learning (TEL): findings from a 24 university benchmarking exercise regarding the benchmarks' fitness for purpose and capacity to generate useful quality assurance information
Sankey, Michael and Padro, Fernando. 2015. "ACODE benchmarks for Technology Enhanced Learning (TEL): findings from a 24 university benchmarking exercise regarding the benchmarks' fitness for purpose and capacity to generate useful quality assurance information." International Network for Quality Assurance Agencies in Higher Education Biennial Conference (INQAAHE 2015): Changing Landscape of higher Education: New Demands on Quality Assurance. Chicago, United States 30 Mar - 03 Apr 2015 Barcelona, Spain.
Evaluation as an educational development to improve practice: teacher ICT knowledge, skills and integration
Trimmer, Karen. 2015. "Evaluation as an educational development to improve practice: teacher ICT knowledge, skills and integration." Lock, Jennifer, Redmond, Petrea and Danaher, Patrick Alan (ed.) Educational developments, practices and effectiveness: global perspectives and contexts. Basingstoke, UK. Palgrave Macmillan. pp. 93-110
The business of schools: the application of strategic management theories to risk taking in decision making in public schools
Trimmer, Karen. 2015. "The business of schools: the application of strategic management theories to risk taking in decision making in public schools." Baguley, Margaret M., Findlay, Yvonne S. and Kerby, Martin C. (ed.) Meanings and motivation in education research. New York, United States. Routledge. pp. 179-191
ACODE benchmarks for Technology Enhanced Learning (TEL): findings from a 24 university benchmarking exercise regarding the benchmarks’ fitness for purpose and capacity to generate useful quality assurance information
Sankey, Michael and Padro, Fernando F.. 2015. "ACODE benchmarks for Technology Enhanced Learning (TEL): findings from a 24 university benchmarking exercise regarding the benchmarks’ fitness for purpose and capacity to generate useful quality assurance information." Dahlgaard-Park, Su Mi and Dahlgaard, Jens J. (ed.) 18th International Conference on Quality Management and Organisational Development (QMOD 2015) and International Conference Quality and Service Sciences (ICQSS 2015). Seoul, Republic of Korea 12 - 14 Oct 2015 Sweden.
Which is better for embedding risk management in higher education quality assurance: ISO 31000 or the COSO framework?
Padro, Fernando F.. 2015. "Which is better for embedding risk management in higher education quality assurance: ISO 31000 or the COSO framework? " Dahlgaard-Park, Su Mi and Dahlgaard, Jens J. (ed.) 18th International Conference on Quality Management and Organisational Development (QMOD 2015) and International Conference Quality and Service Sciences (ICQSS 2015). Seoul, Republic of Korea 12 - 14 Oct 2015 Sweden.
Teaching for transfer in EAP: hugging and bridging revisited
Green, Jonathan H.. 2015. "Teaching for transfer in EAP: hugging and bridging revisited." English for Specific Purposes. 37, pp. 1-12. https://doi.org/10.1016/j.esp.2014.06.003
Impacts on awareness, access and utilisation of early intervention support services for Indigenous families living in rural and remote areas: the National Disability Insurance Scheme
Trimmer, Karen, Dixon, Roselyn and Stubbs, Kerry. 2015. "Impacts on awareness, access and utilisation of early intervention support services for Indigenous families living in rural and remote areas: the National Disability Insurance Scheme." Trimmer, Karen, Black, Alison L. and Riddle, Stewart (ed.) Mainstreams, margins and the spaces in-between: new possibilities for education research. Abingdon, Oxford. Routledge. pp. 195-208
Transfer of learning and the cultural matrix: culture, beliefs and learning in Thailand higher education
Green, Jonathan H.. 2015. Transfer of learning and the cultural matrix: culture, beliefs and learning in Thailand higher education. Blue Mounds, Wisconsin. Deep University Press.
Critical quality indicators of higher education
Chen, I-Shuo, Chen, Jui-Kuei and Padro, Fernando F.. 2017. "Critical quality indicators of higher education." Total Quality Management and Business Excellence. 28 (1-2), pp. 130-146. https://doi.org/10.1080/14783363.2015.1050178
Decision-making by school principals and education researchers: the dilemma of reverse coding in structural equation modeling and its resolution in a study of risk-taking in decision-making for school principals
Trimmer, Karen. 2014. "Decision-making by school principals and education researchers: the dilemma of reverse coding in structural equation modeling and its resolution in a study of risk-taking in decision-making for school principals." Athens Journal of Education. 1 (1), pp. 69-82.
Principals' voices via modelling? Issues of voice in quantitative studies and the use of complexity theory
Trimmer, Karen. 2014. "Principals' voices via modelling? Issues of voice in quantitative studies and the use of complexity theory." Midgley, Warren, Davies, Andy, Oliver, Mark E. and Danaher, Patrick Alan (ed.) Echoes: ethics and issues of voice in education research. Rotterdam, Netherlands. Sense Publishers. pp. 197-209
Transfer of learning and the cultural matrix: the interrelationship of culture, beliefs, and learning
Green, Jonathan Henry. 2015. Transfer of learning and the cultural matrix: the interrelationship of culture, beliefs, and learning. PhD Thesis Doctor of Philosophy. University of Southern Queensland.
A conceptual framework on establishing a risk management framework within existing university assessment and evaluation practices
Padro, Fernando F.. 2014. "A conceptual framework on establishing a risk management framework within existing university assessment and evaluation practices." Studies in Learning Evaluation Innovation and Development. 10 (1), pp. 1-13.
A conceptual framework on establishing a risk management framework within existing university assessment and evaluation practices
Padro, Fernando F.. 2013. "A conceptual framework on establishing a risk management framework within existing university assessment and evaluation practices." Booth, Sara (ed.) Australasian Higher Education Evaluation Forum (AHEEF 2013): Performance Indicators for Universities and Private Providers: A time of transition, challenge and collaboration. Launceston, Australia 28 - 30 Oct 2013 Hobart, Tasmania.
Accreditation and institutional learning: the impact interactions based on a minimaxing strategy have on the benefits from external reviews
Padro, Fernando. 2013. "Accreditation and institutional learning: the impact interactions based on a minimaxing strategy have on the benefits from external reviews." Shah, Mahsood and Nair, Chenicheri Sid (ed.) External quality audit: has it improved quality assurance in universities?. Oxford, United Kingdom. Elsevier. pp. 247-268
High stakes testing assessment: the deus ex machina of quality in education
Padro, Fernando F.. 2013. "High stakes testing assessment: the deus ex machina of quality in education." Bower, Joe and Thomas, P. L. (ed.) De-testing and de-grading schools: alternatives to accountability and standardization. New York, NY. United States. Peter Lang Publishing. pp. 27-43
Student engagement and student satisfaction: two measures auguring for independent review criteria or standards for student support services in national quality assurance schemes
Padro, Fernando F. and Kek, Y. M. C. A.. 2013. "Student engagement and student satisfaction: two measures auguring for independent review criteria or standards for student support services in national quality assurance schemes." International Network for Quality Assurance Agencies in Higher Education Biennial Conference (INQAAHE 2013): Managing Diversity: Sustainable Quality Assurance Processes. Taipei, Taiwan 08 - 12 Apr 2013 Taipei, Taiwan.
Will Race to the Top have the same mixed results No Child Left Behind had on student learning and preservice teacher preparation?
Hurley, Marlene M., Padro, Fernando F. and Hawke, Michael F.. 2013. "Will Race to the Top have the same mixed results No Child Left Behind had on student learning and preservice teacher preparation? " Quality Approaches in Higher Education. 4 (2), pp. 20-29.
Gender differences in tertiary entrance scores
Peck, Bob and Trimmer, Karen. 1995. "Gender differences in tertiary entrance scores." Jeffery, Peter L. (ed.) Association for Research in Education Conference (AARE 1994). Newcastle, Australia Melbourne, Australia.
The late birthday effect in Western Australia
Peck, Bob and Trimmer, Karen. 1995. "The late birthday effect in Western Australia." Issues in Educational Research. 5 (1), pp. 35-52.
Synthesising the literature concerning math anxiety to inform a project on pre-service teacher retention rates
Flegg, Nicholas, Mohamed, Kamariah and Trimmer, Karen. 2013. "Synthesising the literature concerning math anxiety to inform a project on pre-service teacher retention rates." Veenstra, Cindy P. and Standridge, Charles R. (ed.) 2013 ASQ Advancing the STEM Agenda Conference. Grand Rapids, United States 03 - 04 Jun 2013 Milwaukee, WI. United States.
Using distributed learning as a measure to capture additional data on the quality of technology enhanced learning (TEL)
Sankey, Michael. and Padro, Fernando F.. 2013. "Using distributed learning as a measure to capture additional data on the quality of technology enhanced learning (TEL)." International Network for Quality Assurance Agencies in Higher Education Biennial Conference (INQAAHE 2013): Managing Diversity: Sustainable Quality Assurance Processes. Taipei, Taiwan 08 - 12 Apr 2013 Taipei, Taiwan.
Evaluating the impact of the Learning Centre on student learning and satisfaction
Padro, Fernando F. and Frederiks, Anita. 2013. "Evaluating the impact of the Learning Centre on student learning and satisfaction." Atkinson, Roger and McBeath, Clare (ed.) 22nd Annual Teaching Learning Forum (TL 2013): Design, Develop, Evaluate: The Core of the Learning Environment. Perth, Australia 07 - 08 Feb 2013 Perth, Western Australia.
Independent public schools: a move to increased autonomy and devolution of decision-making in Western Australian public schools
Trimmer, Karen. 2013. "Independent public schools: a move to increased autonomy and devolution of decision-making in Western Australian public schools." Childhood Education. 89 (3), pp. 178-184. https://doi.org/10.1080/00094056.2013.792703
The development of a learning community in an e-learning environment
Chang, Heejin. 2012. "The development of a learning community in an e-learning environment." International Journal of Pedagogies and Learning. 7 (2), pp. 154-161. https://doi.org/10.5172/ijpl.2012.7.2.154
Walking the labyrinth: a metaphorical understanding of approaches to metaphors for, in and of education research
Midgley, Warren and Trimmer, Karen. 2013. "Walking the labyrinth: a metaphorical understanding of approaches to metaphors for, in and of education research." Midgley, Warren, Trimmer, Karen and Davies, Andy (ed.) Metaphors for, in and of education research. Newcastle Upon Tyne, United Kingdom. Cambridge Scholars Publishing. pp. 1-9
Butterflies and black swans: metaphors that provide new perspectives to understand quantitative models in educational research
Trimmer, Karen. 2013. "Butterflies and black swans: metaphors that provide new perspectives to understand quantitative models in educational research." Midgley, Warren, Trimmer, Karen and Davies, Andy (ed.) Metaphors for, in and of education research. Newcastle Upon Tyne, United Kingdom. Cambridge Scholars Publishing. pp. 173-188
Transfer of learning and its ascendancy in higher education: a cultural critique
Green, Jonathan H.. 2013. "Transfer of learning and its ascendancy in higher education: a cultural critique." Teaching in Higher Education. 18 (4), pp. 365-376. https://doi.org/10.1080/13562517.2012.719155
Policy for all? The impact of centrally developed, universally applied policy on decision-making in Western Australian public schools
Trimmer, Karen. 2012. "Policy for all? The impact of centrally developed, universally applied policy on decision-making in Western Australian public schools." Fan, Si, Le, Thao, Le, Quynh and Yue, Yun (ed.) 2012 International Conference: Innovative Research in a Changing and Challenging World (AUAMII 2012). Phuket, Thailand 16 - 18 May 2012 Launceston, Tasmania.
EAP: English for any purpose?
Green, Jonathan H.. 2008. "EAP: English for any purpose?" The International Journal of Learning. 15 (7), pp. 63-72.
Who's the boss? Culture and the problem of transfer
Green, Jonathan H.. 2010. "Who's the boss? Culture and the problem of transfer." The International Journal of Learning. 17 (6), pp. 393-402.