Edition 20 - Feb 2022
In this issue of Regulation Policy & Practice, the monthly guest contributor - Chris Ingham, Deputy CEO, Students and Services, at the Victorian Registration and Qualifications Authority discusses avoiding regulatory capture and discord.
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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 Dr Lorraine Cherney,
Manager ANZSOG/NRCoP:
regulators@anzsog.edu.au
And please remember, if your organisation is a member of the NRCoP you can advertise jobs for free via this form.
Current jobs appear on the Regulation jobs board as well as in APO’s weekly newsletters.
GUEST EDITORIAL
Sometimes terminology once reserved for lecture theatres and dry academic journals finds its way into the common vernacular. Take ‘regulatory capture’. A Google search brings up a smorgasbord of recent examples in the popular press. A few highlights:
- A Manila Times columnist eviscerates national energy regulators for taking the side of industry over consumers through failure to support small scale energy distribution (e.g., solar panels in private homes).
- A Dallas TV report on oil and gas Commissioners in Texas accepting financial contributions from the industry they regulate.
UPCOMING FREE EVENTS
PLEASE NOTE WE ARE NOW USING ZOOM.
Please test ability and access prior to session. If technical issues, please feel free to use personal device/internet to avoid imposed firewalls.
Tuesday 22 February 2022
12:00 - 13:00 AEDT
Facilitator: Adam Beaumont (NRCoP National Committee Member)
Presenters: Rachel Scalongne (QLD Department of Regional Development, Manufacturing and Water); Andrew Wilson (Dairy Food Safety, Victoria); and Nick Heys (ACCC)
So how do regulators proactively allocate scarce regulatory resources and develop risk-based compliance plans? How do you separate the ‘have to do’s’ from the ‘need to do’s’ and get 'buy in' across your organisation? And how do you build a regulatory culture that sees value in setting compliance priorities and doesn’t abandon compliance planning when the regulator is put under pressure? Register here
Thursday 10 March 2022
5:00 - 6:00 pm AEDT
Note: This is an evening webinar
Facilitator: Rose Webb, Chair NRCoP
Presenters: Miguel Amaral (Regulatory Policy Division), Anna Brakey (Australian Competition and Consumer Commission), Florent Gomez (Independent Evaluator)
Hear directly from the OECD and Australian regulators about how these principles can help regulators unlock the potential of innovation while safeguarding public protections, but also how they can apply to more traditional regulatory spheres. Register here
PLEASE NOTE WE ARE NOW USING ZOOM.
Please test ability and access prior to session. If technical issues, please feel free to use personal device/internet to avoid imposed firewalls.
Official Launch of South Australian Chapter of the NRCoP
PLEASE NOTE WE ARE NOW USING ZOOM.
Please test ability and access prior to session. If technical issues, please feel free to use personal device/internet to avoid imposed firewalls.
Thursday 17 March 2022
12:00 - 13:00 AEDT
Facilitator: Martyn Campbell, Executive Director SafeWork SA
Presenters: Kate Jenkins (Australian Human Rights Commission), Sarah Court (Australian Securities and Investments Commission)
This event will be held in a hybrid format: a live in-person event in Adelaide and online for our regular viewers. The webinar will explore the role of regulation in ‘responding’ to sexual assault and sexual harassment in the workplace. As regulators we have massive reach across many aspects of public and private life. Register here
CHAPTER LAUNCH
South Australian Chapter Launch
In some very exciting news, our South Australian Chapter will be launching in March of 2022! The COVID-19 pandemic delayed this launch on a number of occasions and we are keen to continue this important work with Martyn Campbell, Work Health & Safety Regulator for South Australia. We are currently speaking with prospective corporate members from South Australia, so please do get in touch to discuss how you can join and benefit from the new South Australian Chapter. Register here
ACT Chapter Launch
The Australian Capital Territory Chapter will be launching in May 2022. Register now to join and benefit from the new Australian Capital Territory Chapter and continue this important work with Derise Cubin, Executive Branch Manager Licensing and Registrations, Access Canberra. Register here
JOBS BOARD
Did you know that NRCoP members can advertise jobs for free on APO? Jobs appear in this newsletter as well as in APO’s regular newsletters, Policy Pulse and Policy Weekly and on the Regulation Policy and Practice Jobs Board.
“We recently used the APO Jobs Board to advertise a number of senior regulatory roles. We were delighted with the results – strong fields of well qualified
candidates. The APO Jobs Board gave our recruitment campaign a great profile and much wider reach. It is a practical resource for quickly connecting regulators looking for their next challenge to opportunities in agencies across the community of practice.”
- Roxane Marcelle-Shaw, CEO / Executive Director, Professional Standards Authority
WHS Advisor Wellbeing
22 FEB 2022
Adelaide
SafeWork SA
SafeWork SA is looking for individuals from various industry sectors that are enthusiastic about working with industry stakeholders in a safety context. The role provides the opportunity for the successful candidate to use their skills and aptitudes to positively influence and shape the industry in...
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Senior Specialist, Superannuation
28 FEB 2022
Sydney or Melbourne
Australian Securities & Investments Commission (ASIC)
A great opportunity for someone with solid industry experience, a thorough understanding of superannuation (from either an operations, risk, compliance and client service viewpoint), paired with executive level communication skills to provide and facilitate strategic advice and thinking around ASIC's superannuation work.
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Senior Investigator
11 MAR 2022
Melbourne
Architects Registration Board of Victoria (ARBV)
The ARBV is looking to fill a pivotal role for an experienced investigator looking for an exciting opportunity to contribute to the success of the organisation as it enters a new era of regulatory strategies and priorities.
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NEW THIS MONTH
Developing international benchmarks of patient safety culture in hospital care
OECD Publishing
19 Jan 2022 | Working paper | Health
Improving patient safety culture (PSC) is a significant priority for OECD countries as they work to improve healthcare, quality and safety. This document reports on patient safety within hospitals across the OECD.
Social Housing Regulation Review: interim report
Government of Victoria
28 Dec 2021 | Report | Built environment, Economics
This interim report aims to identify future regulatory arrangements that will best support the long-term interests of social housing residents and their communities in Victoria. It also aims to best position social (and affordable) housing for growth and transformation over the coming decades.
Impacts of new and emerging assistive technologies for ageing and disabled housing
Australian Housing and Urban Research Institute
23 Dec 2021 | Report | Built environment, Technology
This research looks at how smart home assistive technologies (AT) may be best used in both the aged care and disability sectors to reduce the need for support services. It includes an assessment of ease of use, quality-of-life and cost benefit analysis, and contributes to the development of policy options that could facilitate effective adoption of smart home AT in Australia.
Scoping AI governance: a smarter tool kit for beneficial applications
Centre for International Governance Innovation
20 Dec 2021 | Report | Government, Technology
Artificial intelligence (AI) systems can be used to promote equality and non-discrimination, but without the right AI governance strategies, they can have the opposite effect. This paper aims to provide policy-makers with the tools, interventions and regulations that promote AI fairness.
Management of international travel restrictions during COVID-19
Australian National Audit Office
8 Dec 2021 | Report | Government, Health, National security
The objective of this audit was to assess the effectiveness of the Australian government's management of international travel restrictions during the COVID-19 pandemic.
Regulating dam safety
Queensland Audit Office
8 Dec 2021 | Report | Government
The owner of a dam is responsible for its safety. Having a dam safety management program in place can minimise the risk of its failure and the potential impact on human life and property. This audit provides insights on the Queensland dam regulator’s framework for ensuring dams are managed safely.
It’s credit, it’s causing harm and it needs better safeguards
Financial Counselling Australia
6 Dec 2021 | Report | Economics
Human induced regeneration (HIR) is one of a suite of carbon capture initiatives known as ‘methods’ for creating carbon credits that is overseen by the Clean Energy Regulator (CER). The objective of this study is to develop a suitable methodology to assess the effectiveness of the HIR projects.
Regulation and the war on red tape: a review on the international academic literature
School of Government (VUW), Government Regulatory Practice Initiative
6 Dec 2021 | Literature review | Government
This article interrogates both the more extreme claims of the anti-regulation advocates and the alleged successes of anti-red tape initiatives, identifying a critical clash of values over the role of the state and the appropriate relationship between government, business and the community.
Register of Foreign-owned Water Entitlements: Productivity Commission inquiry report
Productivity Commission
2 Dec 2021 | Report | Environment, Government
This report sets out the Productivity Commission’s findings and recommendations on the effectiveness of the Register of Foreign-owned Water Entitlements. The key message of the report is that there is no compelling case for major changes to the Register.
Report of the Inquiry into ecosystem decline in Victoria
Parliament of Victoria
2 Dec 2021 | Report | Environment
Victoria’s ecosystems are currently facing serious decline. Population growth and spread has put pressure on ecosystems, which has led to the degradation and loss of many native species and habitats. The Committee has used both the submissions and the evidence given at public hearings, as well as a review of the substantial literature on ecosystem management, in reaching its findings and recommendations.
IN CASE YOU MISSED IT
The new machinery of government: using machine technology in administrative decision-making
New South Wales Ombudsman's Office
29 Nov 2021 | Report | Government, Technology
The NSW Government’s first digital strategy spoke of the need for government to be ‘digital by design’ and ‘digital by default'. This report is about the shift toward machine technologies, a term used for the broad range of digital and data enabled systems and processes that are, or might in future, be used to guide, assist or even determine when and in what ways administrative powers will be exercised.
ACMA compliance priority 2020–21: online casino services targeting Australians
Australian Communications and Media Authority
17 Nov 2021 | Report | Communications
In 2020–21, one of the ACMA’s compliance priorities focused on illegal online casinos that target Australians. This report examines the actions taken to combat these services and the outcomes.
Electronic Visit Verification: the weight of surveillance and the fracturing of care
Data & Society Research Institute
16 Nov 2021 | Report | Health, Technology
This report argues that the surveillance of home care workers through a mobile app called Electronic Visit Verification (EVV) erodes the quality of personal care and offloads significant, unacknowledged burdens onto workers and service recipients.
Perth Casino Royal Commission: discussion paper on the regulatory framework
Perth Casino Royal Commission
12 Nov 2021 | Discussion paper | Economics, Government
The Perth Casino Royal Commission is required to report on any policy, legislative, administrative or structural reforms or changes which might enhance the existing regulatory framework. The purpose of this discussion paper is to explore the changes which might form a recommendation in respect of enhancing the current regulatory framework, and seek comment from interested parties and the public in respect of those possible changes.
Improving the regulation of restrictive practices in Queensland: a way forward
Office of the Public Advocate (Qld)
5 Oct 2021 | Report | Justice, Social issues
This paper argues that regulations that authorise and monitor the use of restrictive practices should encourage minimal usage of restrictive practices, provide conditions for their use, include safeguards and protections for those people on whom they are used, and contain clear guidance for those who use them.
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