Edition 16 - September 2021
In this month’s newsletter, Yee-Fui Ng, Associate Professor in the Faculty of Law at Monash University, discusses political lobbying as a significant corruption challenge for governments and recommends reforming lobbying regulation in Australia to promote public faith in democracy and political institutions.
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
You will be aware that we recently launched a Jobs Board for regulators, where our members can advertise regulatory positions free of charge on the APO. To date we have advertised 58 regulatory positions.
See below for a testimonial by Roxane Marcelle-Shaw, from the Professional Standards Authority, who states that the Jobs Board has been a timely and useful resource for recruitment into senior regulatory roles.
We also welcome topic suggestions for subsequent editions. Contact Dr Lorraine Cherney, Manager ANZSOG/NRCoP via regulators@anzsog.edu.au
GUEST EDITORIAL
"Reform of lobbying regulation in Australia to enhance the scope of its coverage and the level of disclosure of lobbying activity, will shine the light of transparency in an area currently hidden in the shadows. It will reduce the risk of corruption by lobbyists and public officials, and ultimately promote the democratic norms of political equality and fairness."
Dr Yee-Fui Ng is an Associate Professor in the Faculty of Law at Monash University, and the Deputy Director of the Australian Centre for Justice Innovation.
NEW THIS MONTH
Fintech for good: governance mechanisms for sustainable development
Centre for International Governance Innovation
7 Sep 2021 | Report | Economics, Technology
Financial technology (fintech) can help to achieve sustainable development through environmental, social and governance investing, and through financial inclusion initiatives. The authors of this paper argue that better governance and regulatory frameworks are needed to minimise the risks associated with 'fintech for good' while maximising its benefits.
The breaking wave: a conversation about reforming the oceans management system in Aotearoa New Zealand
Environmental Defence Society (New Zealand)
7 Sep 2021 | Working paper | Environment
The working paper outlines the way in which the Environmental Defence Society are thinking about the New Zealand ocean management system and breaking it up for analysis.
Understanding discrimination effects in private rental housing
Australian Housing and Urban Research Institute
2 Sep 2021 | Report | Justice, Social issues
This research examines discrimination and existing policy, law and practice in Australia’s private rental sector, including the impact of informal tenancies and the increasing role of digital technologies.
National water reform 2020
Productivity Commission
2 Sep 2021 | Report | Economics, Environment
This report assesses the progress of the Australian, State and Territory governments since 2017 towards achieving the objectives and outcomes of the National Water Initiative (NWI). It also provides practical advice to governments on future directions for national water reform through renewal of the NWI.
Responsible investment benchmark report Australia 2021
Responsible Investment Association Australasia
1 Sep 2021 | Report | Economics
This report details industry data on the size, growth, depth and performance of the Australian responsible investment market over 12 months to 31 December 2020, and compares these results with the broader Australian financial market.
Australian Small Business and Family Enterprise Ombudsman (ASBFEO) - Independent Review: final report
Department of the Treasury (Australia)
31 Aug 2021 | Report | Economics, Government
The Australian Small Business and Family Enterprise Ombudsman (ASBFEO) commenced operations in March 2016, operating under the Australian Small Business and Family Enterprise Act 2015 (Cth). This review contends that the next phase for ASBFEO is one of consolidation and maturation of efforts and approach. There is also an opportunity to adjust and enhance how it operates with a multitude of parties, and to focus on the issues which will have the greatest impact.
Payments system review: from system to ecosystem
Government of Australia
30 Aug 2021 | Report | Economics
The payments system plays a key role in the Australian economy. It facilitates economic activity by providing a safe, efficient and effective way for Australians to exchange money for goods and services. This review was asked to investigate whether the regulatory architecture of the Australian payments system remains fit-for-purpose and responsive to advances in payments technology and changes in consumer demand.
Greenfields, cash cows and the regulation of foreign investment in Australia
Parliament of Australia
27 Aug 2021 | Report | Economics, National security
Since the advent of European settlement, Australia has been a net recipient of foreign investment. Foreign investment is crucial to grow the Australian economy, but it does not necessarily follow that all foreign investment is equally productive. The committee urges the Australian government to accept the findings and recommendations of this report in the spirit in which they are offered—to improve Australia’s foreign investment regime to ensure investments are not contrary to the national interest.
Climate risk governance guide
Australian Institute of Company Directors
26 Aug 2021 | Guide | Economics, Environment
This guide is an introductory resource for directors on climate change risk governance. It provides a plain-language introduction to fundamental climate change concepts, and considers this issue in the context of the non-executive directors’ role and duties.
Evaluation of the 2018 gaming machine reforms: discussion paper, August 2021
Government of New South Wales
17 Aug 2021 | Discussion paper | Social issues
The NSW Government is evaluating the gaming machine reforms introduced in 2018. Liquor and Gaming NSW will assess stakeholder feedback received in response to this discussion paper.
Register of Foreign-owned Water Entitlements: Productivity Commission draft report
Productivity Commission
17 Aug 2021 | Draft report | Environment, Government
The Australian Government has regulated foreign investment since 1975. This draft report presents the Commission’s preliminary analysis and views on the rationales for the Register of Foreign-owned Water Entitlements, its effectiveness, costs and benefits, and possible improvements, for both its current and future forms.
Combining MySuper product performance histories - APRA’s approach
Australian Prudential Regulation Authority
16 Aug 2021 | Briefing paper | Economics
APRA is supporting the Australian government in implementing the 'Your Future, Your Super' measures. The focus of this paper is on APRA’s approach to administering the performance test, where APRA has flexibility in administering the performance test, and APRA’s approach to providing investment performance data to the Australian Taxation Office for inclusion in the comparison tool.
The digital decide: how to agree on WTO rules for digital trade
Centre for International Governance Innovation
16 Aug 2021 | Report | Economics, International relations, Technology
Although digital trade is growing exponentially internationally, the “regulatory restrictions on international digital trade are growing equally, if not more, rapidly” (Lovelock, 2020). This report argues that World Trade Organization rules are much needed to limit these restrictions on digital trade by drawing agreed lines that clarify which restrictions are appropriate and which are not.
Conserving nature: conservation reform issues paper
Environmental Defence Society (New Zealand)
15 Aug 2021 | Report | Environment
This paper investigates the New Zealand conservation system – the collection of laws, regulations, policies and institutions that are designed to conserve nature, and highlights current issues with its operation.
SDG measurement and disclosure 3.0: a study of ASX150 companies
RMIT University
13 Aug 2021 | Report | Economics
This report will be of interest to investors, regulators, and other stakeholders to better understand how top public-listed Australian companies are relating to and managing the different Sustainable Development Goals (SDGs). The report provides an analysis of the SDG disclosure practices in 2020 by the top 150 Australian public-listed companies (ASX150).
Getting to fair: breaking down barriers to essential services
Essential Services Commission
12 Aug 2021 | Strategy | Economics, Social issues
This strategy addresses consumer’s experience of vulnerability and aims to break down the barriers faced when accessing and engaging with essential services.
The role of central banks in tackling climate change
Overseas Development Institute
9 Aug 2021 | Presentation | Economics, Environment
This resource looks at the role that central banks and other financial regulators can play in mitigating climate-related risks to financial institutions and systems.
Regulatory practice statement
Government of Australia
6 Aug 2021 | Strategy | Environment, Government
The document sets out the Australian Department of Agriculture, Water and the Environment's approach to delivering better practice regulation, and a framework to support an improved regulatory capability and culture for the organisation. It will help to strengthen the department’s regulatory functions and achieve regulatory outcomes that are beneficial for the Australian community, regulated entities and industry.
Tourism Regulation Review: draft report
South Australian Productivity Commission
5 Aug 2021 | Draft report | Economics
The South Australian government has asked the SA Productivity Commission to review the regulations relating to tourism, with specific attention to nature-based tourism and agritourism. This draft report is intended to encourage feedback from stakeholders and interested parties on the Commission’s work.
NSW animal welfare reform: discussion paper
Department of Primary Industries (NSW)
3 Aug 2021 | Discussion paper | Environment, Justice
This discussion paper outlines the key proposed changes and enhancements to the existing laws. These proposals have been developed to be consistent with the Five Freedoms and Five Domains models of animal welfare, and to reflect best practice in constructing modern legislation.
Report 486: Regulatory activities - inquiry into Auditor-General’s reports 33, 47, 48 (2019-20) and 5 and 8 (2020-21)
Parliament of Australia
2 Aug 2021 | Report | Economics, Education, Environment, Government
This report is based on five Australian National Audit Office reports, each of which examines the operations of a particular regulator, into areas as diverse as higher education, environmental protection, the lobbying code of conduct, the national energy market, and electoral funding disclosures.
IN CASE YOU MISSED IT
Reducing stigma to improve take-up of rental assistance
The People Lab
30 Jul 2021 | Briefing paper | Economics, Social issues
Policy makers are investing heavily in rental assistance programs as a result of the COVID-19 pandemic. This paper discusses a randomised experiment to evaluate the effect of reducing the psychological costs associated with accessing emergency rental assistance on benefit take-up, and on subsequent eviction rates.
Study to identify methods to assess equity: report to the President
Executive Office of the President of the United States
30 Jul 2021 | Report | Government, Social issues
This report responds to the US Biden-Harris Administration's order 13985, outlining a whole-of-Government mandate to advance equity through a comprehensive approach to Government practices, including: management; policymaking (including through regulation and guidance); procurement, contracting, and budgeting; delivery of benefits and services; and data collection, reporting, and use,
Legislation and regulation in Australia: children and young people with disability in primary and secondary education settings
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
22 Jul 2021 | Report | Education, Justice, Social issues
This report analyses relevant legal and policy frameworks relating to the education of students with disability, with a focus on primary and secondary school settings across Australia.
Responding to our consultation: changes for more flexible and responsive regulation
Care Quality Commission
22 Jul 2021 | Report | Health, Social issues
The Care Quality Commission is currently in the process of developing a new five-year strategy, to run from 2021 – 2026. While it is carrying out a programme of engagement around the new strategy, CQC has also launched a consultation on proposals to make its work and its ratings more flexible. These resources cover the responses to that consultation.
Insurance conduct and culture: fire and general insurers update
Financial Markets Authority (New Zealand)
22 Jul 2021 | Report | Economics
This report summarises disappointing findings from an evaluation of New Zealand fire and general insurers’ responses to the Life Insurer Conduct and Culture review undertaken by the Financial Markets Authority and the Reserve Bank of New Zealand in 2019.
What regulatory system governance is and why it’s important
Ministry of Business, Innovation and Employment (New Zealand)
15 Jul 2021 | Guide | Government
Regulatory system governance is the setting of the objectives of that regulatory system and ensuring that actions are taken to deliver on those objectives, consistent with good public sector management practice.
Auditing risk culture: a practical guide
Institute of Internal Auditors Australia
5 Jul 2021 | Guide | Economics
Specifically developed in the context of Australian financial services organisations for internal auditors, senior management, board audit committees and other assurance providers, this 40-page guide will be useful more broadly: in non-financial organisations and both within and outside Australia.
Pricing for value: a guide for government services
Government of Victoria
1 Jul 2021 | Guide | Government
This guide is intended to improve consistency and capability in price-setting across the Victorian government. It updates pricing principles to align with current best practice and, as a practical user guide for entities to review or set their fees and charges, provides practical step-by-step guidance for undertaking pricing reviews.
Investigation into the regulation of lobbying, access and influence in NSW
Independent Commission Against Corruption (ICAC)
22 Jun 2021 | Report | Government, Justice
This report on Operation Eclipse is an investigation into the regulation of lobbying, access and influence in New South Wales. It examines factors that could either allow, encourage or cause corrupt conduct, or detract from the integrity and good repute of public administration.
International approaches to ongoing competence: a report for the LSB
Legal Services Board
3 Jun 2021 | Report | Justice
This report offers a broad review of how legal regulators in a range of different jurisdictions are managing and improving the ongoing competence of their lawyers.
Confidence testing for at-border delivery of critical human biosecurity functions – Ruby Princess cruise ship incident
Department of Agriculture, Water and the Environment (Australia)
29 Apr 2021 | Report | Health, National security
This review examines the level of confidence that can be had in Agriculture’s management of the Vessels Pathway to deliver critical human biosecurity functions at the Australian border.
‘We want it to work’: understanding household experiences with new energy technologies in Australia
Battery Storage and Grid Integration Program
15 Mar 2021 | Report | Built environment, Technology
New energy technologies are coming to market faster than regulatory frameworks can adapt, exposing users (and non-users) to new forms of risks and costs. This report considers the implications associated with ‘responsibilising’ householders for new types of involvement in the energy system.
Reforming social services regulation: a brief introduction to the reforms
Government of Victoria
9 Mar 2021 | Guide | Government, Social issues
This guide provides a baseline level of information about changes that will streamline the way child youth and family, homelessness, state disability and supported residential services are regulated.
Implementing community-scale batteries: regulatory, technical and logistical considerations
Battery Storage and Grid Integration Program
17 Dec 2020 | Report | Built environment, Technology
Due to their unique size and position in the grid, community-scale batteries have the potential to play an integral role in Australia’s transition to a decentralised grid. This research reveals enthusiasm for storage of this scale and outlines the considerations needed for the practical deployment and operation of community-scale batteries in the national electricity market.
Regulating the influencers: the evolution of lobbying regulation in Australia
Adelaide Law Review
15 Dec 2020 | Journal article | Government, Justice
Exploring the history and evolution of lobbying regulation in Australian federal and state jurisdictions, this article develops a conceptual framework to evaluate lobbying regulation based on the form of regulation, the standards it imposes, and compliance processes.
Responsible investment benchmark report 2020 New Zealand
Responsible Investment Association Australasia
1 Sep 2020 | Report | Economics
This annual report details the size, growth, depth and performance of the New Zealand responsible investment market over 12 months to 31 December 2019 and compares these results with the broader New Zealand financial market.
Management of the Australian government’s Register of Lobbyists
Australian National Audit Office
14 Feb 2018 | Report | Government
The objective of the audit was to assess the effectiveness of the Department of the Prime Minister and Cabinet’s management of the Australian government’s Register of Lobbyists. It suggests that improvements could be made to communications, compliance management and evaluation for the code and the register.
Investigation into corruption risks involved in lobbying
Independent Commission Against Corruption (ICAC)
10 Nov 2010 | Report | Government
The ICAC conducted an investigation into the lobbying of public officials and public authorities in NSW and the related procedures and regulatory system. In this report on the investigation, which was made public on 10 November 2010, the ICAC made 17 recommendations to improve the regulation of lobbying in NSW.
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
Assessment Manager/Senior Assessment Manager
Closing: 14 SEP 2021
Melbourne
TEQSA
An APS5 Assessment Manager is responsible, under limited direction for undertaking a range of tasks and activities to support the comprehensive assessment of applications involving higher education providers, including course accreditations. They will undertake research and analysis, provide advice, and make judgments on evidence and...
Senior Financial Analyst
Closing: 14 SEP 2021
Melbourne
TEQSA
Senior Financial Analysts work under general direction and are responsible for analysing the financial position and performance of registered higher education providers and new entrants to the market. They will analyse detailed financial statements and other reports, respond proactively and constructively to ad hoc requests...
Deputy CEO
Closing: 20 SEP 2021
Canberra
Independent Competition and Regulatory Commission
Reporting directly to the CEO, the Deputy CEO position is an ideal opportunity for a regulatory professional, ideally with at least 5-10 years’ experience in applying economic and regulatory principles and leading teams to deliver outcomes, to develop their strategic and organisational leadership skills.
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