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Edition 5 - September 2020

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Regulation Policy & Practice Monthly 

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

This month’s feature article is by Roxane Marcelle-Shaw, CEO at the Professional Standards Authority, the regulatory agency of the Professional Standards Councils, which works to improve standards and protect consumers of professional services across Australia. Focusing on the importance of ‘Trust’, Marcelle-Shaw uses the lenses of regulation, consumer expectations, conduct and competence and ethics to outline the ways in which professions should act reliably and ably in our best interests.

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

Regulation, trust and the professions

What makes a profession trustworthy? In August 2020 the chair of ASIC, James Shipton, addressed a similar question about the financial system and corporations in an ANZSOG/National Regulators Community of Practice (NRCoP) webinar on Regulation, Trust and Social Licence. He identified three key contributors to trustworthiness...

by Roxane Marcelle-Shaw, CEO, Professional Standards Authority

    Read more
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    NEW THIS MONTH

    Food precincts investigations: Melbourne laneways and Brisbane’s West End

    Fair Work Ombudsman

    4 Sep 2020 | Report | Economics, Justice

    Describing a recent investigation of 49 fast food, café and restaurant businesses in Melbourne’s Degraves Street and Hardware Lane and Brisbane’s West End, this report outlines the recovery of $1,212,727 in unpaid wages to potentially vulnerable young workers such as university students.

    Regulation of the National Energy Market

    Australian National Audit Office

    3 Sep 2020 | Report | Built environment, Economics

    There is ongoing community, political and media interest in energy supply, particularly rising energy prices and their impact on Australian households and businesses. The objective of this audit was to assess the effectiveness of the Australian Energy Regulator’s regulation of energy markets.

    Select Committee on Financial Technology and Regulatory Technology: interim report

    Parliament of Australia

    2 Sep 2020 | Report | Economics, Science

    Australia has a vibrant and growing FinTech sector, with a significant number of startups and early stage ventures. Australia's RegTech industry is comparatively less well developed. This inquiry is about ensuring the settings are optimal to encourage and support Australian FinTech and RegTech businesses.

    The spectrum of encryption: safety and security considerations​

    Center for Strategic and International Studies

    31 Aug 2020 | Report | Communication, Science

    Encrypted communications are becoming ubiquitous, while the global encryption policy landscape is fracturing. Policymakers around the world must adapt their approaches to balance safety, security and privacy more deftly, as national choices have international impact.

    How red tape stops business and job creation

    Institute of Public Affairs

    27 Aug 2020 | Report | Economics

    This report combines data from the Australian Bureau of Statistics with RegData Australia to analyse the effect of red tape on business creation. The report finds that up to 398,000 additional businesses could have been created by 2018-19 if regulation was maintained at 2004-05 levels.

    Helping organizations master data governance

    Centre for International Governance Innovation

    27 Aug 2020 | Briefing paper | Economics, Science

    There is currently no standard in place to provide guidance on the deployment of corporate data policies to manage ethics, transparency and trust in data value chains. This policy brief proposes issues that should be covered in the proposed standard.

    Review of the national action plan to combat human trafficking and slavery 2015–19

    Australian Institute of Criminology

    25 Aug 2020 | Report | Justice, Social issues

    The Department of Home Affairs commissioned the Australian Institute of Criminology to undertake this review of the National Action Plan to Combat Human Trafficking and Slavery 2015–19. The review provides a basis upon which to reflect on past activities and to inform the development of the next action plan.

    International and national quality and safety indicators for aged care

    Royal Commission into Aged Care Quality and Safety

    24 Aug 2020 | Report | Health, Social issues

    This research examines practices in 11 countries and 305 care quality indicators. In addition to Australia, the countries examined were New Zealand, the USA, Canada, the United Kingdom, the Netherlands, Germany, Denmark, Finland, Sweden, and Iceland. The report was written by the Registry of Senior Australians (ROSA) team at the South Australian Health and Medical Research Institute (SAHMRI).

    Disinformation as a wicked problem: why we need co-regulatory frameworks

    Brookings Institution

    20 Aug 2020 | Report | Communication, Economics

    Over the past few years, social media platforms, particularly Facebook and Twitter, have received inordinate blame for many of society’s ills, particularly mis- and disinformation. This paper recommends the creation of government fusion cells for online problems, which would centralise expertise and decision-making and serve as a single point of contact for industry, civil society and other governments.

    Building integrity during times of crisis or emergency

    Independent Broad-based Anti-Corruption Commission (IBAC)

    18 Aug 2020 | Guide | Politics

    These resources aim to help state and local government sectors review and strengthen integrity responses and improve capacity to prevent corrupt conduct during times of emergency and crisis.

    Regulation, trust and social licence

    Australia and New Zealand School of Government (ANZSOG), National Regulators Community of Practice

    17 Aug 2020 | Video | Justice, Politics

    Public trust in regulators to do our jobs competently and fairly, to protect our society, environment and economy from harm and to deliver public value is absolutely critical to social cohesion and order and to duty holders’ compliance.

    Better than cure: injury prevention policy

    Institute for Public Policy Research

    13 Aug 2020 | Policy report | Health

    Although the United Kingdom has been a world leader in injury prevention policy, austerity and a lack of strategy have hampered further improvement. This report argues that the goal of injury prevention policy should not be to engender a risk-averse society, but quite the opposite – to empower and give confidence to people in the UK to live happy, healthy lives.

    Data Standards Task Force for digital cooperation

    Centre for International Governance Innovation

    11 Aug 2020 | Briefing paper | Communication, Science

    This policy brief proposes an alternative to the status quo, the creation of a new institution named the Data Standards Task Force (DSTF). The ultimate objective of the DSTF would be to create the required architecture for a “single data zone,” where data can circulate freely between participating jurisdictions.

    Polis and the political process

    Demos

    3 Aug 2020 | Report | Politics, Science

    This report finds that calls for greater regulation in political campaigns have a far greater consensus of support among the general public than arguments against regulation. The research finds that a large majority (61%) of people think profiling people based on their online data should be illegal, and the majority of the public think that companies providing services to data driven campaigns should be more tightly regulated.

     
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    IN CASE YOU MISSED IT

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    Toolkit to support quality assurance agencies to address academic integrity and contract cheating

    Tertiary Education Quality and Standards Agency (TEQSA), International Network for Quality Assurance Agencies in Higher Education

    17 Jul 2020 | Guide | Education

    This toolkit has been developed to share Australia’s lessons with our colleagues in quality assurance agencies in the global fight against contract cheating and other threats to academic integrity.

    Continuing professional development

    Victorian Legal Services Board + Commissioner

    29 Jun 2020 | Discussion paper | Education, Justice

    This paper has been prepared to identify issues and promote discussion about Continuing Professional Development (CPD) in the Victorian legal profession.

    Regulating the professions: what could possibly go wrong?

    Australia and New Zealand School of Government (ANZSOG), National Regulators Community of Practice

    25 May 2020 | Video | Built environment, Health, Politics

    While competition regulators are wary of the potential for some occupational and professional licensing schemes to erect excessive barriers against entry, Australia has a lengthy history of regulation in this area as a critical means to protect consumers.

    Ethics index 2019

    Governance Institute of Australia

    12 Nov 2019 | Survey | Economics, Politics

    The Ethics Index surveys more than 1,000 people with various political and socioeconomic backgrounds about their perceptions of ethical issues and conduct.  This is the fourth year of the study. This year's results found that the Australian society is operating at a ‘somewhat ethical’ level.

    The value of contemporary associations

    Professional Standards Councils

    11 Apr 2019 | Report | Politics

    What is the value of professional associations to the good that professions do? And what do professional associations achieve that state regulation or leaving it to the market alone could not?’

    The future of trust: new technology meets old-fashioned values

    Chartered Accountants Australia and New Zealand

    28 Feb 2019 | Report | Economics

    This research suggests that it is not the shift towards increased use of technology that is damaging trust. Instead, it is the accompanying move away from face-to-face contact.

     
     

    UPCOMING FREE EVENTS

    One space, many regulators

    Tuesday 8 September
    11am - 12pm AEST

    Facilitator: Simon Corden (Essential Services Commissioner and chair of the NRCoP)

    Presenters: Rose Webb (Deputy Secretary, Better Regulation Division and Commissioner, NSW Fair Trading), Simon Cohen (Independent Review Officer, NSW Workers Compensation Independent Review Office) and Tracy Mackey (CEO, NSW Environment Protection Agency), 

    Who’s doing well at solving the problems of multiple regulators in a single space, and what can we learn from them?

    Register now
     

    Defining and measuring our public value

    Tuesday 13 October
    11am - 12pm AEST

    Facilitator: Christopher Walker (Associate Dean (University Relations) and Academic Director (Executive Master of Public Administration) at ANZSOG)

    Presenters: Emily Sanders (Director Regulation, Victorian Commission for Children and Young People) and Tony Keenan (General Manager Well-Being and Inclusion, City of Port Phillip)

    Every regulator hopes we’re delivering public value but who can help us define and measure it?

    Register now
     
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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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