Office of Best Practice Regulation Best Practice Regulation Regulatory Impact Analysis Darrell Porter Office of Best Practice Regulation
Mar 27, 2015
Office of Best Practice Regulation
Best Practice Regulation
Regulatory Impact AnalysisDarrell Porter
Office of Best Practice Regulation
Office of Best Practice Regulation
Productivity agenda
Productivity is a key Australian Government priority Reducing the level of unnecessary or poorly
designed regulation will contribute to improved productivity and future living standards for all Australians
Minimum effective regulation
Office of Best Practice RegulationProductivity connection
Almost all regulations can impact on productivity, either through: incentives which they provide to businesses to
change operating and investment decisions; or their impacts on compliance costs.
Office of Best Practice RegulationIncreasing regulatory burden
We want to avoid: unnecessarily complex regulations excessive costs of compliance adverse and unintended effects inefficient use of substantial taxpayer
resources
Office of Best Practice RegulationRegulatory governance
Efficiency Transparency Accountability Adaptability Coherence
Office of Best Practice RegulationRegulatory principles
Establish a case for action Examine alternatives to regulation Adopt option with greatest net benefit Promote effective guidance to regulators Revisit regulation regularly Consult effectively with stakeholders
Office of Best Practice RegulationTrigger point
A Regulation Impact Statement is required for all proposals likely to have a regulatory impact on business or the not-for-profit sector, unless that impact is of a minor or machinery nature and does not substantially alter existing arrangements.
Presented to decision maker at the time of the decision
Office of Best Practice RegulationBasic elements of a RIS
Problem Objective(s) Options Impact analysis Consultation Conclusion and recommended option Implementation and review
Office of Best Practice Regulation1. Identify the problem
What is the problem to be addressed? Why should Government intervene?
‘market failure’ regulatory failure social goal unacceptable risk
Is there existing regulation? If there is, why is further action needed?
Office of Best Practice Regulation2. Objectives of government
What are the objectives of government action? Identify outcomes, goals, targets Link to identified problem Error to preclude reasonable options
Office of Best Practice Regulation3. Range of options
Non-regulatory options Information and education
Self regulation Codes of practice designed and enforced by
industry Quasi-regulation
Industry/government agreements Explicit government regulation
Office of Best Practice Regulation3. Options
Regulation of spinal manipulation based on risk Self regulation Minimum qualifications Regulate upper spinal
manipulation (preferred option)
Office of Best Practice Regulation4. Impact analysis
For each option Identify who is affected Analyse costs and benefits Quantify compliance costs Assess impacts on competition Quantify other impacts where possible Level of analysis must be commensurate with
the level of impacts
Office of Best Practice Regulation5. Consultation
Consultation statement includes Who has been consulted How was consultation conducted What are their views (highlight dissenting views) How did their views affect the outcome If their views were not addressed, explain why If consultation was limited or not undertaken,
explain why
Office of Best Practice Regulation6. Conclusion
Clearly state preferred option Summarise the costs and benefits for the
range of groups affected
Office of Best Practice Regulation7. Implementation and review
How will the preferred option be implemented?
How will compliance costs be minimised? When will it be reviewed?
Evaluation criteria
Office of Best Practice Regulation
Australian Skills Recognition Information
Office of Best Practice Regulation
Gatekeeping arrangements
A regulatory proposal cannot proceed to Cabinet or other decision maker unless it has complied with the Government’s RIA requirements.
Prime Minister may grant exemption Online ‘live’ RIS register at www.obpr.gov.au OBPR independently oversees process and
provides training