Once a decision to regulate is taken, regulatory proposals should be assessed for their appropriateness and cost-effectiveness – using RIA; the scope to apply non-regulatory or more light handed regulatory options considered, along with the transition costs and the sustainability of the policy intervention under each option; genuine and meaningful public consultation undertaken; and the decision making process is transparent. Lifting regulatory performance Jurisdiction Reforms Progress update Commonwealth Initiatives to strengthen the reach of RIS processes, stakeholder consultation and the transparency and accountability of regulatory decision making. These initiatives include: the introduction of mandatory RIA processes for regulatory proposals unless the impact on business is minor or machinery in nature; the requirement to describe consultation processes and their outcomes in the RIS if it is to be assessed as adequate; online publication of RISs on a central website shortly after announcement of the regulatory action; and outposting of the OBPR officers to assist in the development of RISs. All of these initiatives have been implemented and will continue under the new RIS system, to be introduced from 1 July 2013. NSW A ‘one on, two off’ regulation reduction policy commenced in NSW on 4 April 2011. Under the ‘one on, two off’ policy, each calendar year the NSW Government will aim to ensure that: the number of principal legislative instruments repealed is at least twice the number of new principal legislative instruments introduced (a ‘numeric test’); and the regulatory burden imposed by new principal legislative instruments within each portfolio is less than the regulatory burden removed by the repeal of principal legislative instruments from the same portfolio (a ‘regulatory burden constraint’).
RIS and to promote genuine and meaningful consultation. Northern Territory A complete review of the is underway and targeted for completion in the first half of 2013. Terms of Reference are currently under development by the NTRMF Review Group for formal approval by the Northern Territory Treasurer. ACT A review of RIA arrangements was to be considered by the incoming Government following the 2012 election. This will include consideration of the findings of the PC’s Report. The ACT is progressing consideration of its review. 3: Design of regulation and its implementation Agreed Approach: The design and drafting of regulation (including the assignment of regulator powers, responsibilities and accountabilities) and the implementation of regulation, should be clear, outcomes-focussed and consistent with the intent of the policy decision. Lifting regulatory performance Jurisdiction Reforms Progress update Commonwealth A Clearer Commonwealth Laws Initiative to reduce legislative complexity, such that legislation is easier to understand, administer and comply with. As part of implementing its Clearer Laws Initiative, the Commonwealth has developed a range of practical measures to improve the clarity and accessibility of laws. Individual measures include: the introduction of principles for clearer laws which should be applied by policy makers, instructing agencies and drafters when developing Commonwealth legislation; the development of guidance detailing the causes of complexity and strategies that may be used to overcome such complexity; and
The administration and enforcement of regulation should be risk-based, fair, consistent and transparent, should involve appropriate consultation with stakeholders and minimise unnecessary compliance costs. Lifting regulatory performance Jurisdiction Reforms Progress update Commonwealth Introduction of a suite of initiatives to improve the performance of Commonwealth regulators, including: the use of risk assessment in administration and enforcement processes; the provision of advice from Ministers, necessary, to regulators within their portfolio setting out expectations; the establishment of complaints handling processes where they do not exist, with oversight by a senior officer or executive with authority to recommend remedial action where necessary; and online publication of a single, centralised database of Commonwealth regulators. Updating the Australian National Audit Office’s (ANAO’s) Administering Regulation Better Practice Guide to provide detailed guidance to regulators on best practice, including managing risk, good consultation, and monitoring and addressing compliance. The package of regulatory reform measures announced on December 2012 is currently being implemented. This includes the elements of the Commonwealth Government Framework for Regulators aims to support more effective operation and greater transparency regarding the functions and operations of Commonwealth regulators. As part of the Framework, the Commonwealth is developing a consolidated list of its regulators, planned for release on a dedicated webpage in mid2013. The ANAO Better Practice Guide is being reviewed and updated. The updated Guide is planned for release in late 2013. NSW Conduct a review, through the Better Regulation Office, into how to make it easier for business and the community to deal with NSW Government regulators. The review is investigating how the costs for business in dealing with the NSW Government can be minimised by streamlining the interactions so that it is easy to understand requirements and transact with government processes. The review is also considering whether best practice standards outlining how NSW Government should manage its interactions with business and the community would be beneficial. A final This review has been completed. In December 2012, the NSW Government agreed to the Quality Regulatory Services (QRS) Initiative as part of its response to the Industry Action Plans. The QRS initiative introduces five key reforms to make it easier for business and individuals to engage with NSW regulators. The reforms: enable electronic transactions;
ground. The focus will be on how regulation is enforced, including identifying best practice risk-based approaches to reduce the red tape burden. Queensland The Queensland Government has set a 20 per cent red tape reduction target, and is progressing over 300 separate initiatives including increased use of risk-based assessments and reducing business reporting requirements. The OBPR is developing a comprehensive whole-of-Government framework for reducing the regulatory burden. As part of this process, the OBPR is considering options for identifying and measuring the administrative and compliance costs associated with regulation. The OBPR released its interim report on 1 November 2012, making 44 recommendations on a framework for reducing the regulatory burden. The Government provided a formal response to the interim report on 19 February 2013. The OBPR has developed a comprehensive framework for reducing the regulatory burden, which is currently under consideration by the Queensland Government. Western Australia The requirement for consultation on regulatory proposals is an integral part of the RIA process, with a Consultation RIS required as the first stage of the RIS analysis. The assessment of the proposal through the Consultation RIS enables the early identification of costs (including compliance costs) and allows these to be addressed and minimised, where possible. Further emphasis will be placed on regulatory administrative and enforcement implications as part of the consideration to be given to the design of regulation and its implementation (stage 3). Further consideration of regulatory administration and enforcement will be considered as part of a broader review currently underway. Final recommendations will be provided to the new Western Australian Government. Tasmania As part of the Economic Development Plan, the Tasmanian Government will undertake a systematic sector-by-sector review of the administrative burden of applying and complying with business regulations. Implementation of the Business Tasmania Online, a project to streamline and reduce the time and money it takes for businesses to comply with government regulations in Tasmania includes a new online portal to make it easier for businesses to interact with the government and find Business Tasmania Online was launched recently.
making greater use of Annual Regulatory Plans to signal more effectively major prospective reform activity; a rolling program of Better Regulation Ministerial Partnerships to address areas of government operation and regulation where there may be scope for improvement and provide for rigorous review of the extent to which regulatory frameworks are unnecessary or poorly targeted; and the commencement, from 2015, of formal sunsetting arrangements for legislative instruments to build on current initiatives that will see the removal of more than a third of the regulations on the Federal Register of Legislative Instruments. access to information about Commonwealth regulatory activities. The web-list is intended to go live in June 2013 and will be updated annually. The Commonwealth’s rolling program of Better Regulation Ministerial Partnerships remains ongoing, with four partnerships underway. The Commonwealth is preparing for the commencement of formal sunsetting arrangements, including by: developing guidance material on sunsetting processes; streamlining the sunsetting workload; and finalising the first list of sunsetting instruments to be tabled in Parliament on the first sitting day after 1 October 2013. NSW Targeted Reviews: Through its Better Regulation Office, NSW undertakes reviews of regulatory arrangements in specific areas or industries where such arrangements might be improved or removed. Targeted reviews provide an opportunity for in-depth analysis of a specific area of the stock of existing regulation which may not have been address adequately through other regulatory instruments such as sunsetting arrangements. A total of 13 reviews have been completed to date, and the Better Regulation Office currently has two reviews underway which are examining the NSW Government’s RIA process and regulation of sex services premises. Independent Pricing and Regulatory Tribunal Red Tape Reduction Reviews: The NSW Government has asked IPART to undertake a rolling series of inquiries to identify red tape reduction opportunities in priority industries consistent with NSW 2021.