Edition 4 - August 2020
Welcome to the fourth edition of Regulation Policy & Practice, a free monthly newsletter designed for regulators in Australia and New Zealand and beyond.
This month’s feature article is by Professor Liam Smith, Director of BehaviourWorks Australia (BWA) based at Monash University. In it he presents case studies and ways in which behavioural science can be useful for regulators in clearly defining and helping solve compliance problems, focusing in this instance on how BWA has assisted environmental regulators.
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
Regulators have always been intensely interested in the theory and practice of achieving individual and business compliance. Whether it’s the Dutch incentives framework, the Department of Agriculture, Water and the Environment’s compliance posture or new models to predict compliance with COVID-19 rules (see here for an example), there are many ways of identifying drivers of compliance.
This short article outlines three simple rules to help regulators gain the greatest benefit from new and applied research in behavioural science.
- Professor Liam Smith, Director BehaviourWorks Australia
NEW THIS MONTH
School of Government (VUW), Government Regulatory Practice Initiative
2 Aug 2020 | Discussion paper | Politics
This research paper maps, explores, and interrogates the New Zealand Government Regulatory Practice Initiative (G-REG), as an example to obtain a better understanding of whether a standardised program can help to nurture and increase the professionalism of a community of public servants.
Q&As: Draft news media and digital platforms mandatory bargaining code
Australian Competition and Consumer Commission
31 Jul 2020 | Briefing paper | Communication, Economics
The ACCC has developed this draft mandatory code of conduct to address bargaining power imbalances between Australian news media businesses and each of Google and Facebook.
Murray–Darling Basin water markets inquiry: interim report
Australian Competition and Consumer Commission
30 Jul 2020 | Report | Economics, Natural environment
This interim report draws upon analysis of comprehensive water market data from 2012 onwards, and the views of a broad range of people with interests in the use and trade of water in the Murray-Darling Basin. The report considers options to enhance markets for tradable water rights, including to enhance their operations, transparency, regulation, competitiveness and efficiency.
Consumer Safeguards Review Part C: Choice and fairness - consultation paper
Government of Australia
27 Jul 2020 | Discussion paper | Communication, Economics
The Consumer Safeguards Review is examining what consumer safeguards are required for a changing communications environment, with a focus on the post-2020 environment. This consultation paper seeks the public's views on proposals for reform regarding choice and fairness in the retail relationship between customers and their provider.
Regulating for NSW’s future
Government of New South Wales
20 Jul 2020 | Report | Economics, Politics
This report explores the regulatory framework in New South Wales, the challenges regulators face in ensuring regulation is fit-for-purpose, and identifies opportunities for the development of a roadmap for regulatory reform to enhance the State's productivity. It also shows how leveraging advanced analytics and artificial intelligence (AI) technology can help regulators target the greatest opportunities for reform.
Independent Review of the EPBC Act: interim report
Department of Agriculture, Water and the Environment (Australia)
20 Jul 2020 | Report | Justice, Natural environment
This interim report suggests that the EPBC Act does not position the Commonwealth to protect the environment and Australia’s iconic places in the national interest. The operation of the Act is dated and inefficient, and it is not fit to manage current or future environmental challenges, particularly in light of climate change.
What would culturally responsive regulation of Aboriginal organisations look like?
Australia and New Zealand School of Government, National Regulators Community of Practice
19 Jul 2020 | Video | Indigenous, Justice, Social issues
This presentation discusses how they might fit with the centrality of culture and community control to successful outcomes for Aboriginal and Torres Strait Islander people and communities.
Responsive regulation in practice: a review of the international academic literature
School of Government (VUW), Government Regulatory Practice Initiative
15 Jul 2020 | Literature review | Politics
Building on a systematic evidence review of peer-reviewed articles published since 1992, the aim of the research paper is to assist executives, managers and frontline workers in regulatory organisations and units who are interested in responsive regulation.
Report of the Inquiry into the Victorian on-demand workforce
Government of Victoria
14 Jul 2020 | Report | Economics
At the heart of this inquiry are the issues of whether contracting or other arrangements are being used to avoid the application of workplace laws and other statutory obligations. The recommendations in this report are designed to address the uncertainty that exists about the status of platform workers and indeed, other ‘on-demand’ non-employee workers
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.
RDA COVID-19: Recommendations and guidelines on data sharing
Research Data Alliance
30 Jun 2020 | Guide | Health, Science
This is the final version of the recommendations and guidelines from the RDA COVID-19 Working Group, and has been endorsed through the official RDA process.
Victorian energy market update: June 2020
Essential Services Commission
30 Jun 2020 | Report | Economics
The Essential Services Commission regularly collects data on the Victorian energy market. This report considers ordinary data from January to March 2020, and also includes more recent data collected on the impact of the coronavirus on energy consumers.
AI barometer
Centre for Data Ethics and Innovation
23 Jun 2020 | Report | Science
This publication presents a major analysis of the most pressing opportunities, risks, and governance challenges associated with AI and data use in the United Kingdom, initially across five sectors.
Regulatory strategy: 2020-2025 draft
Government of Victoria
5 Jun 2020 | Strategy | Natural environment
Informed and directed by the EPA’s organisational strategy 'Our environment, Our health', this draft strategy explains how the EPA will successfully tackle current strategic challenges in Victoria and in doing so, sets the direction and intent of their regulatory effort.
Compliance and enforcement: draft policy
Government of Victoria
5 Jun 2020 | Policy | Built environment, Natural environment
This draft policy covers the Victorian EPA’s compliance and enforcement approaches for supporting and directing compliance as well as the EPA’s principles and criteria for decision-making, including the consideration of risk, and behaviour and motivations for compliance.
IN CASE YOU MISSED IT
Victorian energy market report 2018–19
Essential Services Commission
29 Nov 2019 | Report | Built environment, Economics
The Victorian energy market report looks into the performance of the market when it comes to the retail energy prices customers are paying, the level of service from energy businesses, and the experience of customers facing or anticipating payment difficulty.
Customer impact reporting for Victorian energy market report
Essential Services Commission
17 Oct 2019 | Report | Economics, Social issues
The Essential Services Commission researched customer experiences following regulatory reforms to the energy market.
Energy assistance report: tracking how Victoria's changing energy policies are impacting households in the state
Consumer Action Law Centre
20 Jun 2019 | Report | Economics, Social issues
This report provides insights on the impact of regulation and policy reform implemented by the Victorian government in relation to energy issues reported by callers to Consumer Action’s National Debt Helpline.
Legal form and governance arrangements for public entities-guidelines
State Services Authority (Vic)
15 Oct 2010 | Guide
Adopting appropriate legal forms and governance arrangements for the functions and activities being undertaken by public entities is critical for high quality performance. These guidelines propose a process for determining the most appropriate legal form and governance arrangements when establishing a public entity.
UPCOMING FREE EVENTS
Tuesday 11 August
11am - 12pm AEST
Facilitator: Marianne Munro (Director, Regulation Reform and Practice, DHHS)
Presenters: James Shipton (Chair, Australian Securities and Investment Commission) and Edward Langley (Colmar Brunton, New Zealand)
What makes the public trust regulators and how can trust and reputation be restored after regulatory failures?
Expressions of interest are now open for our new initiative; small, deep dive facilitated conversations led by Adam Beaumont.
- 25 August: Windows of opportunity – pulling out bottom drawer ideas, getting to stop unnecessary work - express your interest
- 22 September: Compliance in a crisis – ‘surge’ deployment of officers and joint operations - express your interest
- 20 October: Regulatory laggards – dealing with opportunism in a time of crisis - express your interest
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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