Edition 5 - September 2020 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 EDITORIALWhat 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 NEW THIS MONTHFood precincts investigations: Melbourne laneways and Brisbane’s West EndFair Work Ombudsman4 Sep 2020 | Report | Economics, JusticeDescribing 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 MarketAustralian National Audit Office3 Sep 2020 | Report | Built environment, EconomicsThere 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 reportParliament of Australia2 Sep 2020 | Report | Economics, ScienceAustralia 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.Center for Strategic and International Studies31 Aug 2020 | Report | Communication, ScienceEncrypted 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 creationInstitute of Public Affairs27 Aug 2020 | Report | EconomicsThis 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 governanceCentre for International Governance Innovation27 Aug 2020 | Briefing paper | Economics, ScienceThere 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 2015–19Australian Institute of Criminology25 Aug 2020 | Report | Justice, Social issuesThe 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 careRoyal Commission into Aged Care Quality and Safety24 Aug 2020 | Report | Health, Social issuesThis 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 frameworksBrookings Institution20 Aug 2020 | Report | Communication, EconomicsOver 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 emergencyIndependent Broad-based Anti-Corruption Commission (IBAC)18 Aug 2020 | Guide | PoliticsThese 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 licenceAustralia and New Zealand School of Government (ANZSOG), National Regulators Community of Practice17 Aug 2020 | Video | Justice, PoliticsPublic 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 policyInstitute for Public Policy Research13 Aug 2020 | Policy report | HealthAlthough 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 cooperationCentre for International Governance Innovation11 Aug 2020 | Briefing paper | Communication, ScienceThis 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 processDemos3 Aug 2020 | Report | Politics, ScienceThis 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.IN CASE YOU MISSED ITToolkit to support quality assurance agencies to address academic integrity and contract cheatingTertiary Education Quality and Standards Agency (TEQSA), International Network for Quality Assurance Agencies in Higher Education17 Jul 2020 | Guide | EducationThis 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 developmentVictorian Legal Services Board + Commissioner29 Jun 2020 | Discussion paper | Education, JusticeThis 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 Practice25 May 2020 | Video | Built environment, Health, PoliticsWhile 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 2019Governance Institute of Australia12 Nov 2019 | Survey | Economics, PoliticsThe 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 associationsProfessional Standards Councils11 Apr 2019 | Report | PoliticsWhat 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 valuesChartered Accountants Australia and New Zealand28 Feb 2019 | Report | EconomicsThis 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 Tuesday 8 September 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? Tuesday 13 October 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? 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. |