3. Recommendations


Responsibilities for oversighting red tape reduction initiatives and regulatory assessment frameworks that were previously undertaken by the Better Regulation Office have yet to be completely transitioned to other units either within DPC or line agencies. Accordingly, while we assign responsibility for these recommendations to DPC, they may be transferred to other agencies once responsibilities are clarified.

By July 2017 the Department of Premier and Cabinet should:

  1. set a framework for reducing red tape which includes:
    1. allocating responsibility for the development and oversight of red tape and regulatory reform programs to a dedicated unit within a central agency
    2. setting departments’ outcomes-based performance indicators for reducing red tape and reporting on departments’ performance against these indicators
    3. conducting a comprehensive stocktake of the number and cost of existing regulation with a review every five years
    4. reporting the annual net change in regulatory burden using costs reported in regulatory impact assessments and departmental performance reports
  2. re-establish a program of targeted reductions of unnecessary regulatory instruments, including non-legislative instruments, informed by reviews of areas of disproportionate regulatory burden
  3. amend the Guide to Better Regulation so that it:
    1. establishes more clearly the roles and responsibilities for DPC and line agencies in assessing new and amended regulatory proposals
    2. requires that regulatory proposals include an assessment of the overall change in regulatory burden
    3. requires non-compliant proposals to be subject to a post-implementation review
    4. sets minimum requirements for regulatory assessment and review of expedited regulatory proposals, such as for government commitments and sensitive and urgent matters, where these proposals otherwise would not have been exempt
    5. establishes more clearly the processes and requirements specific to low, medium and high significance proposals, and in doing so minimises overlap and inconsistency with requirements in the Subordinate Legislation Act1989
  4. maintain a central public repository for all final regulatory decisions and regulatory impact assessments
  5. report on completed regulatory assessments, exemptions and non-compliant proposals in an annual report.