Edition 3 - July 2020

Regulation Policy & Practice Monthly 

Welcome to the third edition of Regulation Policy & Practice, a free monthly newsletter designed for regulators in Australia and New Zealand and beyond.

This month’s feature article by Cassandra Meagher, Executive Director, Service Reform at Service Victoria discusses the importance of thoughtful design in the digital transformation of government services for citizens.

Other content comes from a wide range of regulatory agencies and the collection of this content on APO now exceeds 1000 resources

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

Good design leads to great digitisation for regulators

Technology is a vital ally for regulators. It can improve the user experience for citizens, reduce costs by automating processes, improve compliance by streamlining routine tasks, and allow access to services around the clock.

But it can also be expensive if not executed well.

By Cassandra Meagher, executive director service reform at Service Victoria

Read more
 

NEW THIS MONTH

Assessing the efficiency of environmental policy design and evaluation: results from a 2018 cross-country survey​

OECD Publishing

3 Jul 2020 | Working paper | Economics, Natural environment

In this working paper, the authors argue that if stringent environmental policies can be designed in a way that minimises economic burdens, they can facilitate the achievement of economic and environmental goals and a cleaner growth model.

Cultural vandalism: regulated destruction of Aboriginal cultural heritage in New South Wales​

Centre for Aboriginal Economic Policy Research

2 Jul 2020 | Briefing paper | Culture, Indigenous

Aboriginal people in New South Wales have been trying to strengthen the law that is supposed to protect their cultural heritage since the late 1970s, but reform remains elusive. This paper outlines some reasons why.

Consumer protection frameworks for new energy products and services and the traditional sale of energy in Australia

Australian Energy Market Commission

30 Jun 2020 | Report | Economics

The purpose of this report is to step back from the specific detail of current arrangements and focus on foundational questions around the rationales for consumer protection frameworks in the energy sector.

Management of the Australian government’s lobbying code of conduct — follow-up audit

Australian National Audit Office

26 Jun 2020 | Report | Politics

The objective of this audit was to examine the effectiveness of the Attorney-General’s Department’s implementation of the recommendations from the Auditor-General Report, Management of the Australian Government’s Register of Lobbyists.

Annual industry data and compliance report 2018−19

Life Code Compliance Committee

26 Jun 2020 | Report | Economics

Providing a snapshot of the life insurance industry and its compliance with the Life Insurance Code of Practice, this report shows life insurers need a stronger commitment to their code compliance obligations.

Referrals, assessments and approvals of controlled actions under the Environment Protection and Biodiversity Conservation Act 1999

Australian National Audit Office

25 Jun 2020 | Report | Natural environment

The objective of this audit was to assess the effectiveness of the Department of Agriculture, Water and the Environment’s administration of referrals, assessments and approvals of controlled actions under the Environment Protection and Biodiversity Conservation Act 1999.

Foreign investment in Australia

Productivity Commission

23 Jun 2020 | Report | Economics

This research paper looks at the trends, drivers and effects of foreign investment in Australia, and the Australian government’s foreign investment policy. Foreign investment is beneficial for the Australian economy, but brings some risk which can be managed by government policy.

Government outsourcing: when and how to bring public services back into government hands

Institute for Government

18 Jun 2020 | Report | Economics, Politics

This report identifies four circumstances in which governments should consider returning a service to the public sector: an unhealthy or uncompetitive market; the need for flexibility to make changes to the service; a lack of government commercial skills to manage an outsourced contract successfully; or a need to improve the service by integrating it with another.

Safety on Victoria's roads—regional road barriers

Victorian Auditor-General's Office

18 Jun 2020 | Report | Built environment

This audit examines whether Victoria’s regional road barriers program has met its intended safety outcomes.

Background paper: Land management – hazard reduction: a literature review

Royal Commission into National Natural Disaster Arrangements

15 Jun 2020 | Briefing paper | Natural environment

This literature review focuses predominantly on prescribed burning, which has been used in Australia as the preferred method to reduce fuel loads and fuel continuity and thus has received the most attention in the scientific literature. The paper also canvasses literature related to mechanical fuel load reduction and livestock grazing as fuel management techniques.

Efficient, effective and fair climate policy: a discussion paper

Academy of the Social Sciences in Australia

15 Jun 2020 | Report | Natural environment

This discussion paper addresses how to achieve any given target for greenhouse gas reduction in a way that causes least cost to the economy, promotes innovation and is fair. It makes the case that the efficiency properties of market mechanisms have an important role to play.

Milking the planet

Institute for Agriculture and Trade Policy

15 Jun 2020 | Report | Natural environment

In this report, the authors describe how carbon emissions from large dairy corporations are annually increasing and how many governments are not implementing the regulations required to mitigate the problem. 

Prevalence study for a Serious Incident Response Scheme (SIRS)

Department of Health (Australia)

9 Jun 2020 | Report | Health, Social issues

The Prevalence Study for a Serious Incident Response Scheme (SIRS) report looks at incidents of abuse between residents of aged care facilities that are currently exempt from reporting. It gives options for reporting these incidents under a SIRS.

Design thinking: a quick overview

Interaction Design Foundation

8 Jun 2020 | Article | Communication, Economics

Design thinking is a non-linear, iterative process that teams use to understand users, challenge assumptions, redefine problems and create innovative solutions to prototype and test.

Criteria for certification under the Credit Contracts and Consumer Finance Act 2003

Commerce Commission (New Zealand)

8 Jun 2020 | Report | Economics

The confirmed ‘fit and proper’ criteria outlined in this response report focus on whether all directors and senior managers of lenders and mobile traders are competent, financially sound, honest, reputable, reliable and competent to do the job. 

Foreign investment reforms

Government of Australia

5 Jun 2020 | Policy report | Economics

This paper outlines the most comprehensive reforms to Australia’s foreign investment review framework in more than 20 years. The Australian government will shortly release exposure draft legislation for consultation on the reforms prior to its introduction into Parliament, and provide further guidance for investors on implementation.

Protecting children online: an overview of recent developments in legal frameworks and policies

OECD Publishing

2 Jun 2020 | Report | Communication, Social issues

The digital environment presents a wide range of benefits to children, whilst also exposing them to various risks, including cyberbullying, harmful content and inappropriate contact with strangers. This report provides an overview of the legal and policy actions that governments, international organisations and other stakeholders have taken to ensure a safe and beneficial digital environment for children.

 
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IN CASE YOU MISSED IT

Service design — overview

Digital.govt.nz

22 May 2020 | Guide | Politics

Service design is about making government services easy for people to use. This means designing services that put people at the centre and help them do the task they need to do, like learning to drive or buying a house.

Regulatory quality and COVID-19: managing the risks and supporting the recovery

OECD Publishing

29 Apr 2020 | Briefing paper | Health, Politics

The exceptional situation of the COVID-19 pandemic underlines the importance of regulation, alongside taxing, spending and communicating, as one of the most relevant levers of government action.

Automated decision-making better practice guide

Commonwealth Ombudsman's Office

4 Mar 2020 | Guide | Justice, Politics

Technological advances have made it easier for agencies to make automated decisions. However, it is well recognised that automated systems have the potential to significantly impact the rights and privacy of individuals.

Responsible conduct of gambling study

Office of Responsible Gambling (NSW)

19 Feb 2020 | Report | Social issues

This study contributes to the review and potential improvement of Responsible Conduct of Gambling (RCG) practices in NSW. There has not been a comprehensive examination into the effectiveness of RCG practices and training in NSW. The intention is for this research to build an evidence-base to inform improvements to RCG requirements, training and practices.

What is digital transformation?

Salesforce

13 Jan 2020 | Article | Communication, Economics

Digital transformation is the process of using digital technologies to create new — or modify existing — business processes, culture, and customer experiences to meet changing business and market requirements. This reimagining of business in the digital age is digital transformation.

Digital health devices in the Australian construction industry

RMIT University

20 Dec 2019 | Report | Built environment, Health

This report contributes to the understanding of how digitalisation can improve health and safety within the construction industry by using real-world examples from construction professionals' experiences. It presents benefits resulting from the use of digital health and safety technologies, as well as potential obstacles faced by those intending to implement these technologies.

Assessing the competitiveness and efficiency of the Victorian energy retail market

Essential Services Commission

17 Dec 2019 | Report | Economics, Social issues

In consultation with interested stakeholders and the public, the Essential Services Commission has developed a framework and approach to help assess whether the Victorian energy retail market is delivering good value to energy consumers.

Energy compliance and enforcement priorities 2019–20

Essential Services Commission

15 Jun 2019 | Strategy | Economics, Justice, Social issues

The priority areas set out in this document will be the focus of the Essential Services Commission's compliance and enforcement work for the next year. By promoting and enforcing compliance in these areas, the Commission aims to restore trust in the energy market.

How regulators can benefit from a focus on risk: Harvard's Malcolm Sparrow

Australia and New Zealand School of Government

5 Jun 2019 | Article | Economics, Politics

One of the issues that afflicts regulation is the “swinging of the regulatory pendulum”, as governments switch from adversarial enforcement-centred strategy to more trusting and cooperative postures, and then swing back again when something awful happens.

Guide to securing personal information

Office of the Australian Information Commissioner

15 Jun 2018 | Guide | Justice, Politics

This guide provides guidance on the reasonable steps entities are required to take to protect the personal information they hold from misuse, interference, loss, and from unauthorised access, modification or disclosure.

 
 

UPCOMING FREE WEBINARS

Inside/outside: The pros and cons of the independent versus the departmental regulator, and does it matter?

Tuesday 14 July
1.30pm - 2.30pm AEST

Facilitator: Fran Thorn (Former senior leader in both public service and consultancy)

Presenters: Graeme Samuel AC (Professorial Fellow, Monash Business School) and Professor Peter Shergold AC (Chancellor, Western Sydney University)

If trust and effectiveness are the outcomes we seek as regulators, does it matter whether we’re inside or outside Ministerial departments?

Register now
 

Bias by design: When the design, implementation and enforcement of rules creates disadvantage

Tuesday 28 July
9am - 10am AEST

Facilitator: Janine O'Flynn (Professor of Public Management, ANZSOG)

Presenters: Professor Donald Moynihan (McCourt Chair, McCourt School of Public Policy) and Sarah McDowell (Energy Director, Essential Services Commission Victoria)

In the time of Black Lives Matter, do regulators think our own regulatory activities are exacerbating inequality and what can we do about it?

 

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We acknowledge the Aboriginal and Torres Strait Islander peoples as First Peoples of Australia and Māori as tangata whenua and Treaty of Waitangi partners in Aotearoa-New Zealand. 

 
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