Edition 9 - February 2020
Welcome back to Regulation Policy & Practice in 2021. This ninth edition features an article by co-authors Arie Freiberg and Monica Pfeffer who return to first principles in examining the not-so-obvious question of who is, in fact, a regulator, and why this might matter.
Other content comes from a wide range of regulatory agencies and can be further explored in the Regulation Policy & Practice Collection on APO.
If you have content suggestions for this collection contact Penelope Aitken (Collections Editor, APO) paitken@apo.org.au
We also welcome topic suggestions for subsequent editions. Contact Monica Pfeffer (Director of Practitioner Engagement, ANZSOG) regulators@anzsog.edu.au
GUEST EDITORIAL
The ANZSOG/National Regulators Community of Practice website describes us as an active network of public sector regulators from all levels of government and from every regulatory sector, professional background, role and level of seniority, who are keen to learn from and with each other... Whether an independent agency or a division/group within a department is in fact a ‘regulator’ is by no means obvious.
Arie Freiberg is an Emeritus Professor at Monash Law School, subject leader for the ‘Governing by the Rules’ subject in ANZSOG’s Executive Master of Public Administration and academic advisor to the NRCoP. Monica Pfeffer is Director, Practitioner Engagement at ANZSOG and leads support of the NRCoP.
NEW THIS MONTH
Accountable lawmaking
Melbourne School of Government
1 Feb 2021 | Policy report | Government, Justice
This policy brief analyses trends in the working and monitoring of delegated legislation in Australia, New Zealand, and the United Kingdom during the pandemic. It focuses on how the pandemic has affected parliamentary oversight of executive actions and assesses how institutional responses have conformed to democratic standards.
Industry political donations and disclosable payments - case study: the resources and energy industry
Centre for Public Integrity
1 Feb 2021 | Case study | Government, Justice
New analysis of 20 years of Australian Electoral Commission donation disclosures shows the resources industry is the largest donating industry to Australia’s political parties and campaigners.
Corporate energy transition: legal tools for shifting companies towards clean energy practices
University of Melbourne
29 Jan 2021 | Report | Environment, Justice
This research recognises that changes in the energy systems to reduce climate risks cannot be achieved by government policy alone. The private sector and corporations, especially large corporate emitters, have an important role to play.
Digital advertising services inquiry: interim report
Australian Competition and Consumer Commission
28 Jan 2021 | Report | Economics, Technology
This interim report examines the digital display advertising supply chain in Australia, which enables the near instantaneous delivery of $3.4 billion of digital display advertising opportunities on news, entertainment and other websites and apps each year.
Independent Review of the EPBC Act: final report
Department of Agriculture, Water and the Environment (Australia)
28 Jan 2021 | Report | Environment, Justice
The Australian Federal Environment Minister appointed Professor Graeme Samuel AC to conduct this Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 in October 2019. This is the final report of the review.
Harms reduction: a six-step program to protect democratic expression online
Public Policy Forum
27 Jan 2021 | Report | Communications, Social issues
This report sets forth a series of functional steps to enable citizens, governments and platforms to deal with the matter of harmful speech in a free and democratic, rights-based society like Canada.
IN CASE YOU MISSED IT
Litigation funding and the regulation of the class action industry
Parliament of Australia
21 Dec 2020 | Report | Economics, Justice
In this report, the Parliamentary Joint Committee on Corporations and Financial Services concurs with the findings of numerous previous reviews: namely, that class actions, when working as originally intended, should facilitate access to justice, discourage wrongdoing, and promote the efficient and effective use of court resources.
COVID-19 Hotel Quarantine Inquiry final report and recommendations
Government of Victoria
21 Dec 2020 | Report | Government, Health
The second wave of COVID-19 cases in Victoria led to a series of strict restrictions in the state and had devastating impacts on peoples’ lives, livelihoods and mental health. This inquiry final report finds that there were serious failings, in terms of provision of pandemic planning across the broader Victorian health sector.
Facial recognition technology in New Zealand
New Zealand Law Foundation
20 Dec 2020 | Report | Justice, Technology
The research shows that Facial Recognition Technology (FRT) is increasing in usage in Aotearoa and comparable countries. It is used across sectors including government departments, policing, banking, travel, security, and customer tracking. In this report, the authors argue that if regulation gaps aren't plugged soon, the impacts on human rights are potentially extensive.
Central bank digital currency, design choices, and impacts on currency internationalization
Center for Strategic and International Studies
18 Dec 2020 | Briefing paper | Economics, Technology
This briefing argues that there is a solid use case for central bank digital currency (CBDC) that justifies the intense interest across multiple jurisdictions. At the same time, establishing the architecture, infrastructure and rules for access to CBDC will entail design choices that are not without trade-offs.
Tobacco harm reduction: final report
Parliament of Australia
18 Dec 2020 | Report | Health
In Australia, the current regulatory framework draws on existing laws that may apply to tobacco products, poisons, therapeutic goods, consumer goods and industrial chemicals. However, regulatory approaches to e-cigarettes vary between states and territories. This inquiry found that this inconsistency should be addressed, through the development of a nationally consistent approach to the regulation of e-cigarettes.
The influence environment
International Cyber Policy Centre
17 Dec 2020 | Policy report | Communications, International relations
This report is based on detailed research into 24 Chinese-language media organisations operating in Australia, analysis of their coverage of events, and investigations into the Chinese Communist Party's (CCP's) efforts to influence media in this country.
Urban regulation and diverse housing supply: an investigative panel
Australian Housing and Urban Research Institute
16 Dec 2020 | Report | Built environment, Economics
This research examines the barriers and challenges within the housing system for delivering housing supply that is more diverse, in terms of size and built form, tenure, development model and affordability level.
Resources sector regulation: Productivity Commission study report
Productivity Commission
10 Dec 2020 | Report | Economics
This report examines regulation of the Australian resources sector, identifying issues and leading practice approaches to addressing them. The main focus is on how regulation is designed, administered and enforced. The key message is that there is room for significant improvement.
Governance of the Seasonal Worker Programme in Australia and sending countries
Development Policy Centre (ANU)
8 Dec 2020 | Report | Economics, International relations
From a slow start in 2008, Australia’s Seasonal Worker Programme (SWP) has become a growing source of employment in the Pacific, and an important part of the seasonal workforce for Australian farmers. This report recommends ways to improve SWP governance, both in Australia and in the sending countries, with the objective of promoting the sustainable growth of seasonal labour mobility.
Right to repair: issues paper
Productivity Commission
7 Dec 2020 | Discussion paper | Economics
The focus of this inquiry is on consumers’ ability to repair faulty goods and to access repair services at a competitive price. This issues paper outlines a range of issues on which the Productivity Commission is seeking information and feedback.
Chatbots RESET: a framework for governing responsible use of conversational AI in healthcare
World Economic Forum
7 Dec 2020 | Report | Health, Technology
The use of artificial intelligence (AI) and chatbots in healthcare is a true reflection of the current times, when the world had to move in a flash to digital systems. The Chatbots RESET framework reflects months of effort by the project community, with contributions from numerous stakeholders, bringing their diverse perspectives to bear on key governance challenges.
Report of the Comprehensive Review of the Legal Framework of the National Intelligence Community
Attorney-General's Department (Australia)
4 Dec 2020 | Report | Justice, National security
This review comprehensively examined the effectiveness of the legislative framework governing the National Intelligence Community, and prepared findings and recommendations for reforms. The review was supported by a Secretariat in the Attorney-General's Department (Australia).
Reviewing the stock of regulation
OECD Publishing
4 Dec 2020 | Report | Government
Regulations made during times of uncertainty and/or with haste in responding to an emergency of some kind require 'ex post' evaluation to allow policymakers to assess whether they deliver the intended results. This report provides guidance on the key elements of a sound 'ex post' evaluation system.
Planning restrictions harm housing affordability
Centre for Independent Studies
3 Dec 2020 | Policy report | Built environment, Economics
Planning restrictions around Australia reduce the supply of housing and hence raise prices. This paper summarises recent research on this topic, focussing on Australia’s largest cities.
Deregulatory deceptions: reviewing the Trump Administration’s claims about regulatory reform
Penn Program on Regulation
1 Nov 2020 | Report | Economics, Government
Given deregulation’s central place in a widely shared perception about US domestic policy change over the last four years, it is important to know what has actually happened on the regulatory front during the Trump Administration.
The Queensland government guide to better regulation
Government of Queensland
15 May 2020 | Guide | Government
The consideration of regulatory best practice principles helps ensure the introduction or amendment of regulation is necessary, effective and minimises the burden on affected stakeholders.
UPCOMING FREE EVENTS
Thursday 11 February
11am - 12pm (AEDT)
Facilitator: Ian Caplin (Principal Advisor, NZ Government Regulatory Practice Initiative)
Presenters: Michelle Bryne (Head of Strategic Communication, Essential Services Commission (VIC))
Come along and learn how effective Comms across multiple platforms, reputation management and engagement management can transform community awareness, engagement and trust in regulators.
Thursday 4 March
12pm - 1pm (AEDT)
Facilitator: Erica McLuckie (Director Assessment and Quality Improvement, Queensland Department of Education)
Presenters: Benjamin Noyen (Assistant Secretary, Manufacturing Quality Branch, Australian Department of Health (TGA)), Peter Dunphy PSM (Head of Transport Safety, Transport for NSW) and Samantha Taylor PSM (Registrar, NDIS Quality and Safeguards Commission)
How have face-to-face regulators fared when forced by COVID to become virtual regulators in a hurry, and might this permanently affect the future of regulatory practice?
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