Minding the Gap
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Minding the Gap
Appraising the promise and performance of regulatory reform in Australia
Table of Contents
Acknowledgements
Contributors
Foreword
A hypothetical regulation in the ‘making’
Moral of the story
A challenge for governments
Prologue
Chapter 1. Introduction
The second wave of reform: microeconomic reform in a federal state
The third wave of reform: 2006 and the future
The structure of the book
References
Chapter 2. The Regulatory Impact System: Promise and performance
Introduction
The RIS system in the Australian Government
Regulatory performance and RIS: 1986-1997 a case of infant neglect?
RIS performance 1998-2006: improving, but could do better?
Conclusion
References
Chapter 3. Measuring Regulatory Performance
Introduction
Context: the RIS, the RPI and the nature of the RPI challenge
Design limitations of the RPI system: regulatory coverage, integration and type of RPI
Coverage of the indicators
An integrated set of regulatory performance indicators
The types of RPI
The RPI — performance and practice
Objective 1: to ensure that all new or revised regulation confers a net benefit on the community
Objective 2: to achieve essential regulatory objectives without unduly restricting business in the way in which these objectives are achieved
Objective 3: to ensure that the regulatory decision-making processes are transparent and lead to fair outcomes
Objective 4: to ensure that information and details on regulation and how to comply with it are accessible and understood by business
Objective 5: to create a predictable regulatory environment so business can make decisions with some surety of future environment
Objective 6: to ensure that consultation processes are accessible and responsive to business and the community
Conclusion
References
Chapter 4. The mirage of rail reform: building regulatory capacity in policy sectors
Introduction
Regulatory reform and capacity building
The problem with targets in complex systems
The growing complexity of regulation and policy sectors
The challenge of building innovation and flexibility into regulatory regimes
The National Transport Commission (NTC) as a model for capacity building
Conclusion
References
Chapter 5. The national reform agenda: origins and objectives
Introduction
The impact and legacy of past reforms
The evidence that supports new reforms
The third wave of reform explained
Completing competition reforms and further reducing the regulatory burden
The human capital agenda
How big could the gains be?
COAG’s commitment to the NRA
Factors to ensure the success of the third wave
A new way of states working with the Commonwealth
The importance of the right institutional arrangements
Early support
Conclusion
References
Chapter 6. Rethinking Regulation
Introduction
The
Banks Report
: origins
The core arguments of the
Banks Report
Recommendation 7.1: six principles of good regulatory process and the RIS system
Consulting with business: recommendations 7.5, 7.6, 7.7, 7.19, 7.20, 7.21, 7.22
Increasing analytical capacity: recommendations 7.2, 7.3, 7.4, 7.13
Saying ‘no’, to inadequate regulatory proposals: recommendations 7.8, 7.9, 7.10, 7.12
Measuring regulatory performance: recommendations 7.16, 7.17, 7.18, 7.27, 7.28, 7.29
Review programs, harmonisation and regulatory competition: recommendations 7.24, 7.25
Conclusion
References
Chapter 7. Process and performance-based regulation: challenges for regulatory governance and regulatory reform
Introduction
Evidence of the shift
Environmental regulation
Rail safety
Food safety
Occupational health and safety
Vehicle design standards
Building regulation
Support by regulatory reformers
Negative impacts and problems — types and evidence
Indiscriminate use
Negative combinations of process, performance & prescriptive regulations
Lack of clearly defined compliance requirements
RIA problems
Equity and accountability issues
Some possible solutions
Ensure adequate understanding of the regulatory context
Understand the regulated industry
Appropriate use of DTS material
Combining regulatory forms
Role of regulatory policy/regulatory reform bodies
Enhanced controls as part of regulatory policy
References
Chapter 8. Conclusion
References