Edition 10 - March 2021
Our tenth edition of Regulation Policy & Practice Monthly features an article by Eric Kimmel, formerly of the Alberta Energy Regulator in Canada, about the process of exploring new regulatory thinking and building a framework to implement the ambitious strategic vision to be the ‘best-in-class’ regulatory institution.
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
CEO of Microsoft Satya Nadella noted that market disruptions are easy to identify and understand. The real test is transforming legacy businesses and cultural mindsets quickly to benefit from new market opportunities before becoming irrelevant.
Regulators, too, are often captive to incumbent models of regulation that served the public reasonably well in the past but are no longer fit-for-purpose...
Eric Kimmel is currently a Director of Rocky Mountain Solutions, based in NSW. Prior to launching Rocky Mountain Solutions, Eric spent over 10 years with the Alberta Energy Regulator in Canada building and managing regulatory functions, developing and delivering policy and regulation, leading people, and cultivating stakeholder relationships.
NEW THIS MONTH
Report of the Inquiry into anti‑vilification protections
Parliament of Victoria
3 Mar 2021 | Report | Justice, Social issues
This report recommends that the Victorian government explore options to address online vilification, and makes some additional recommendations to improve Victoria’s anti-vilification laws.
Royal Commission into Victoria's Mental Health System: final report
Royal Commission into Victoria's Mental Health System
2 Mar 2021 | Report | Health
In this final report, the Royal Commission has set out an ambitious reform agenda to redesign Victoria’s mental health and wellbeing system. Achieving the vision will require a collaborative and collective effort, and shared responsibility across governments, service providers, community groups, advocates, people with lived experience of mental illness, families, carers and supporters.
Royal Commission into Aged Care Quality and Safety final report: care, dignity and respect
Royal Commission into Aged Care Quality and Safety
1 Mar 2021 | Report | Social issues
The Royal Commission into Aged Care Quality and Safety has completed its inquiry and has tabled this final report. The Commissioners, Tony Pagone and Lynelle Briggs, call for fundamental reform of Australia's aged care system.
Surveillance and the ‘new normal’ of COVID-19: public health, data, and justice
Social Science Research Council
24 Feb 2021 | Report | Health, Social issues
This report maps a range of social fault lines and data-related challenges that the COVID-19 pandemic has raised. In the process, it highlights some emerging best practices and lessons learned that can guide future emergency responses.
Australian code of practice on disinformation and misinformation
DIGI
22 Feb 2021 | Guide | Communications, Technology
This code of practice has been developed by the Digital Industry Group Inc. (DIGI), a non-profit industry association that advocates for the interests of the digital industry in Australia. DIGI members include Google, Facebook, Twitter and eBay. It is a response to a request from government that major digital platforms develop a voluntary code of conduct outlining what the platforms will do to address concerns regarding disinformation and credibility signalling for news content.
Register of foreign-owned water entitlements: issues paper
Productivity Commission
17 Feb 2021 | Discussion paper | Economics, Environment
The Australian Government established the Register of Foreign Ownership of Water Entitlements (the Register) in 2017. The primary aim of the Register is to increase transparency about foreign ownership of Australian water assets and, more broadly, maintain community confidence in Australia’s foreign investment policy. This issues paper has been released to assist individuals and organisations to prepare submissions.
Power to the people
Government of the United Kingdom
16 Feb 2021 | Report | Economics, Government
This report considers ways to improve consumer protection and promote competition within the context of recovery from COVID-19 and the end of the Brexit transition period.
Regulator Performance Framework - Administration of Australia’s Foreign Investment Framework: report 2019-20
Department of the Treasury (Australia)
12 Feb 2021 | Report | Economics
Under the Australian Government’s Regulator Performance Framework, regulators must undertake an annual self-assessment of their performance against six key outcome-based performance indicators (KPIs). The overall 2019-20 assessment for Treasury and the ATO in relation to Australia’s foreign investment framework was that the KPIs were met.
A method for ethical AI in Defence
Department of Defence (Australia)
11 Feb 2021 | Technical report | Technology
To explore how to achieve ethical artificial intelligence (AI) in Defence, a workshop was held in Canberra from 30 July to 1 August 2019 with 104 people from 45 organisations in attendance. The workshop was designed to elicit evidence-based hypotheses regarding ethical AI from a diverse range of perspectives and contexts and produce pragmatic methods to manage ethical risks on AI projects in Defence.
National water reform 2020: draft report
Productivity Commission
11 Feb 2021 | Report | Environment, Government
This draft report assesses the progress of the Australian, State and Territory governments towards achieving the objectives and outcomes of the National Water Initiative (NWI), and provides practical advice on future directions for national water reform.
Regulatory stewardship: the challenge of joining a virtue and a mechanism
Policy Quarterly
10 Feb 2021 | Journal article | Government
This article explores the challenges New Zealand’s regulatory agencies face in operationalising regulatory stewardship, and provides some conceptual clarity that may aid these agencies in collaborating to develop and adopt the whole-of-system, life cycle view of regulation that is envisaged.
Report of the Inquiry under section 143 of the Casino Control Act 1992 (NSW)
Parliament of New South Wales
9 Feb 2021 | Report | Economics, Justice
The findings from this inquiry have cast real doubt upon Crown Resorts' suitability to hold a gaming licence in New South Wales. It remains to be seen how the Victorian and Western Australian governments will react, given that Crown currently operates casinos in both states.
Monitoring the monitor: a temporal synthesis of the McArthur River Mine Independent Monitor reports
University of New South Wales
8 Feb 2021 | Technical report | Environment
This report finds that a number of sacred Indigenous sites, and an important river system in the Northern Territory, face irreversible cultural and ecological damage if the McArthur River Mine operations continue unabated. The authors argue that the independent monitoring system set up to protect the environmental and cultural interests of the area is toothless when it comes to effecting change in practices.
IN CASE YOU MISSED IT
Exploring the growth potential of Australia's food manufacturing sector
Page Research Centre
29 Jan 2021 | Discussion paper | Economics
This paper has been developed using a synthesis of current key reports related to the future of Australia’s agricultural and food production system obtained through a literature review, and through a series of conversations with 26 industry leaders, scientists, and stakeholders.
Bias by design: when the design, implementation and enforcement of rules creates disadvantage
Australia and New Zealand School of Government (ANZSOG), National Regulators Community of Practice
10 Aug 2020 | Video | Justice, Social issues
The way regulation is designed, implemented and enforced can have positive or negative, equal or unequal and inclusive or exclusionary effects on individuals and communities.
RegX: achieving regulatory excellence
Australia and New Zealand School of Government (ANZSOG), National Regulators Community of Practice
2 Jul 2020 | Video | Government
The working life of regulators frequently involves varied and often contradictory pressures, yet we all aspire to be excellent at what we do. What makes for an excellent regulator?
Misinformation and news quality on digital platforms in Australia: a position paper to guide code development
Australian Communications and Media Authority
26 Jun 2020 | Position paper | Communications
The Australian Communications and Media Authority (ACMA) has released this position paper outlining its expectations for a voluntary code or codes of practice on misinformation and news quality to be developed by digital platforms.
Listening, learning, and leading: a framework for regulatory excellence
Penn Program on Regulation, Alberta Energy Regulator
20 Oct 2015 | Report | Government
To create a framework for regulatory excellence that can be practically applied by the Alberta Energy Regulator and other regulators, this report expands upon three core attributes of excellence: utmost integrity, empathic engagement and stellar competence.
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