Edition 6 - October 2020
Welcome to the sixth 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 by Scott Wheeler, Director of the Economic Strategy Division at NSW Treasury, examines the extent to which Artificial Intelligence can and should be used as a tool to aid regulatory processes.
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
Many of us already engage with artificial intelligence (AI) and machine learning technologies every day. We use virtual voice assistants, check travel times with online maps and find, when we search the web, that many additional options are suggested to us based on our previous activities and those of others like us. Sooner than we think, we may have self-driving cars.
While there have been numerous reports on the need to regulate AI in the interests of the community, these and related new technologies also offer an opportunity for regulators to transform their internal processes.
By Scott Wheeler, Director of the Economic Strategy Division at NSW Treasury and a member of the NSW chapter committee of the ANZSOG/NRCoP.
NEW THIS MONTH
Regulatory technology: information paper
Productivity Commission
9 Oct 2020 | Briefing paper | Economics, Technology
Regulatory technology (regtech) is the use of technology to better achieve regulatory objectives. This paper is a discussion starter, targeted at policy makers and regulators. It identifies areas where regtech has been useful and offers further potential. It also highlights factors that policy makers and regulators should consider in adopting regtech, and in enabling greater use of regtech.
Insolvency reforms to support small business
Government of Australia
6 Oct 2020 | Fact sheet | Economics
The Government is making changes to our insolvency framework to better serve Australian small businesses, their creditors and their employees. The changes will introduce new processes suitable for small businesses from 1 January 2021, reducing complexity, time and costs for small businesses.
Devolving extinction?
Environmental Defenders Office
5 Oct 2020 | Policy report | Environment, Government
The Australian government is poised to hand over their national environmental approval responsibilities to states and territories. This report outlines a damning audit of core standards in state and territory legislation and associated case studies, highlighting the need for comprehensive reform at all levels, and underscoring the importance of the Commonwealth in taking a leadership role in protecting and enhancing our unique environment for future generations.
The Morrison Government's deregulation agenda
2 Oct 2020 | Transcript | Government
The Hon Ben Morton MP, Assistant Minister to the Prime Minister and Cabinet, delivered this speech about the Government's current deregulation policy to the Business Council of Australia in Sydney.
National transport regulatory reform
Productivity Commission
1 Oct 2020 | Report | Built environment, Economics
The Australian Government asked the Productivity Commission to assess the economic impact of reforms to transport regulation agreed to by the Council of Australian Governments (COAG) in 2008-09. Those reforms relate to heavy vehicle safety and productivity, rail safety and maritime safety. This report outlines some suggested further reforms to develop a more integrated national market for transport services.
Towards a sustainable marine management regime: an update on Tasmanian progress
The Australia Institute
1 Oct 2020 | Discussion paper | Environment
Tasmania’s coastal waters have high biodiversity and endemism, but are in a state of decline and increasing pressure from climate change, fishing and aquaculture operations, agricultural run-off, urban development and population growth. This paper argues that an integrated approach to managing Tasmania’s coastal waters is needed across sectors.
The strategic implications of manipulative digital platforms: a trust-driven approach
National Security College (ANU)
1 Oct 2020 | Policy report | Economics, Technology
This paper argues that regulating digital platforms to ensure that trust is maintained should be a priority for government. Similarly, government policies related to the digital economy and the government’s own use of platforms and data must assiduously defend trust.
The future of Australia's aviation sector: issues paper
Government of Australia
30 Sep 2020 | Discussion paper | Economics
The Australian government is examining options to further support and strengthen the aviation industry, both to manage the current impacts of the COVID-19 downturn, support the recovery and look at pathways for longer-term reform. This issues paper has been released to generate public feedback.
Automated decision-making, digital government and preserving information access rights – for agencies
Information and Privacy Commission (NSW)
28 Sep 2020 | Fact sheet | Communications, Government, Technology
This fact sheet provides guidance to agencies on the release of information in relation to the use of automated decision-making systems.
The use of artificial intelligence by government: parliamentary and legal issues
Parliamentary Research Service (NSW)
28 Sep 2020 | Briefing paper | Government, Justice
This paper focuses on the parliamentary and legal implications of governments using a form of AI: automated-decision making (ADM), which is deployed in automated decision-making systems (ADMS). It discusses the implications, presents key parliamentary case studies, and sets out recommendations from the literature on how Parliaments could respond.
Automated decision-making, digital government and preserving information access rights – for citizens
Information and Privacy Commission (NSW)
28 Sep 2020 | Fact sheet | Communications, Government, Technology
This fact sheet provides advice to citizens seeking access to government information.
Rationalising regulation: helping the economy recover from the corona crisis
Centre for Independent Studies
23 Sep 2020 | Report | Economics
Australia’s anachronistic, inconsistent and excessive regulatory landscape is an area of immense potential for growth-enhancing economic reforms. This paper considers regulations across a wide range of sectors, including the construction, agricultural, pharmaceutical, retail trade, mining, hospitality and tourism, and childcare sectors.
Ethics owners: a new model of organizational responsibility in data-driven technology companies
Data & Society Research Institute
23 Sep 2020 | Report | Economics, Technology
While actual job titles vary, ethics owners are tasked with 'translating public pressure into new corporate practices' by creating an ethical framework for technology workers to operate within. The authors of this report assert that understanding the work of ethics owners—and the tensions they face—is key to the future governance and regulation of tech companies, and the increasingly powerful technologies they design.
Out of control: failing EU laws for digital surveillance export
Amnesty International
21 Sep 2020 | Report | Justice, Technology
This report gives evidence of the gaps in the current European Union (EU) export regulation framework for digital surveillance technologies and provides the EU institutions and its member states with actionable recommendations to improve the protections of human rights.
Administration of financial disclosure requirements under the Commonwealth Electoral Act
Australian National Audit Office
17 Sep 2020 | Report | Government, Justice
The objective of this audit was to examine the effectiveness of the Australian Electoral Commission’s management of financial disclosures required under Part XX of the Commonwealth Electoral Act 1918, including the extent to which the AEC is achieving accurate and complete financial disclosures.
Victoria's commercial land use zoning
Productivity Commission
14 Sep 2020 | Case study | Built environment, Environment
This case study explores the implementation and impacts of changes to Victoria’s commercial zones over the past decade. Victoria’s experience suggests it is possible to introduce greater flexibility into zoning arrangements with positive outcomes.
Accreditation framework: discussion paper
Department of the Prime Minister and Cabinet (Australia)
14 Sep 2020 | Discussion paper | Communications, Technology
Individuals and their organisations (data users) must be accredited by the National Data Commissioner before they can access public sector data, under proposed new legislation. The Office of the National Data Commissioner has released this discussion paper on the proposed Accreditation Framework, which is open for submissions between 14 September and 6 November 2020.
Governance through a crisis: lessons from COVID-19
Australian Institute of Company Directors, Governance Institute of Australia
11 Sep 2020 | Report | Economics
Reflecting on the impact of the COVID-19 pandemic on board practices and processes, the insights in this report have been drawn from interviews and roundtables with directors and company secretaries, as well as a survey of Australian Institute of Company Directors members.
Picking peaches: service quality in the Victorian energy market
Consumer Policy Research Centre
11 Sep 2020 | Report | Economics
This report provides a summary of the findings from a collaborative research project between RMIT’s Behavioural Business Lab and the Consumer Policy Research Centre. This research has produced unique empirical data about the value of service quality and how it affects consumer choice in the context of the Victorian retail energy market.
Far from ‘mission accomplished’: time to re-energise tobacco control in Australia
Public Health Research & Practice
9 Sep 2020 | Journal article | Health
This article explores a brief history of tobacco control, in relation to policy reform and recent evidence, and outline the case for re-energising tobacco control at a time when public health has gained new political and social currency.
Digital platform services inquiry – March 2021 report on app marketplaces: issues paper
Australian Competition and Consumer Commission
8 Sep 2020 | Discussion paper | Communications, Technology
The ACCC is releasing this issues paper to invite industry participants and other interested parties to provide views and information on the operation of app marketplaces. This issues paper is accompanied by two fact sheets containing key issues and questions for consumers and app developers.
Academic credit arrangements (credit recognition): final report
Department of Education, Skills and Employment (Australia)
3 Sep 2020 | Report | Education
The Department of Education, Skills and Employment commissioned PhillipsKPA consultants to undertake background research to support consideration of the adequacy of the regulatory framework for academic credit pathways in higher education. This report provides recommendations and draws together issues, practices, policy and regulation, and feedback from consultations.
The little book of green nudges
United Nations Environment Programme
1 Sep 2020 | Guide | Environment
This publication presents a quick guide to reducing university campus' environmental impact through behavioural change. It summarises the evidence around what 'nudges' work best while seeking to encourage more sustainable practices among students and staff across several behavioural categories.
IN CASE YOU MISSED IT
2018-9 AUSTRAC regulator performance framework
Australian Transaction Reports and Analysis Centre (AUSTRAC)
16 Oct 2019 | Report | Justice
This report details the activities AUSTRAC have undertaken in the 2018-19 financial year to work with industry and partner agencies in the development and modernisation of our regulatory approach.
Mapping integrity—an ACLEI corruption prevention report in partnership with AUSTRAC
Australian Commission for Law Enforcement Integrity, Australian Transaction Reports and Analysis Centre (AUSTRAC)
9 Jul 2018 | Report | Justice, National security
This report provides a summation of AUSTRAC’s strategic corruption risk environment and the development of its integrity framework to date. It also considers a proposed action plan or roadmap to assist AUSTRAC to transition to its desired integrity maturity state.
Artificial intelligence: the future of regulation?
Central Banking
10 May 2018 | Article | Economics
The raft of new rules imposed on regulated financial institutions in the aftermath of the global financial crisis has a huge compliance cost. Could artificial intelligence offer efficiency gains?
UPCOMING FREE EVENTS
Tuesday 27 October
10am - 11am AEDT
Facilitator: Rose Webb (Commissioner, NSW Fair Trading)
Presenter: Malcolm Sparrow (Professor of the Practice of Public Management, Harvard University)
Come along for a unique opportunity to hear and engage with Professor Malcolm Sparrow as he demystifies the various prescriptions for regulatory conduct and explains what it might mean to be a ‘risk based regulator’.
Tuesday 17 November
4.30pm - 5.30pm AEDT
Facilitator: Genene O’Neill (Principal Behavioural Scientist, Queensland Department of Environment and Science)
Presenters: Dr Femke de Vries (Professor by special appointment, University of Groningen) and Will Day (Deputy Commissioner Integrated Compliance, ATO)
How is behavioural science being used effectively by financial regulators against the worst forms of fraud and money laundering and what can we all learn for our own compliance efforts?
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