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Edition 14 - July 2021

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Regulation Policy & Practice Monthly 

In this month’s newsletter, Alice Turnbull from NOPSEMA, the National Offshore Petroleum Safety and Environmental Management Authority, explains how her organisation has operationalised Malcolm Sparrow’s problem-centric approach to help solve the knotty problems which sit outside the capacity of ‘business as usual’ to manage.

Jobs board

Great news! NRCoP corporate members now have access to FREE advertising of regulatory policy and practice roles, which will reach 6,200 subscribers to the NRCoP. Here’s the link to the advertising form NRCoP Jobs Submission Form. Check new regulatory jobs opportunities here, or scroll to the end of this newsletter. 

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

Implementing a problem-centric approach

While the concept of a problem-centric approach to regulation has been around for some time, recognition and interest in the practice is growing among international and Australian regulators. Regulators like the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) are turning to this approach to help solve those thorny, problematic compliance issues that, despite their best efforts, they just can’t seem to get traction on using a more conventional process driven approach.

Alice Turnbull is currently the Assistant Director, Secretariat and Regulatory Improvement in the office of the Chief Executive of NOPSEMA (National Offshore Petroleum Safety and Environmental Management Authority).

    Read more here
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    NEW THIS MONTH

    Working better

    Wage Inspectorate Victoria

    8 Jul 2021 | Guide 

    From 1 July 2021, it becomes a crime for an employer in Victoria to dishonestly withhold wages or other employee entitlements, such as allowances, annual leave and long service leave. It also becomes a crime to falsify employee entitlement records to gain a financial advantage. Wage Inspectorate Victoria provides information about these laws to ensure employers and workers know their rights and obligations, and holds to account those who break the law. This stakeholder kit provides a suite of resources in a variety of formats (videos, audio, social media images, translated materials, fact sheets, posters) to communicate these new laws. 

    Australia-US bilateral investment in 2020: taxing times

    United States Studies Centre (USyd)

    5 Jul 2021 | Report | Economics

    This paper argues that the downturn in foreign investment in Australia, including from the United States, can be explained by the pandemic downturn in global investment, a reduced Australian international borrowing requirement, more competitive US tax settings, and an increase in regulation and regulatory uncertainty arising from Australia’s foreign investment review process.

    Updating the ministerial code

    Institute for Government

    2 Jul 2021 | Report | Government

    Repeated controversies over ministerial behaviour and failures in the process of investigating possible breaches of the ministerial code show that the ministerial code, in its current form, is no longer working. This paper offers recommendations on how Boris Johnson should overhaul the ministerial code to better reflect the complexities of modern government and restore public confidence in his administration.

    The Competition and Markets Authority: a reboot for the 2020s

    Centre for Policy Studies, King's College London

    1 Jul 2021 | Policy report | Economics

    A majority of businesses do not know that the Competition and Markets Authority (CMA) enforces competition law in the United Kingdom. In the report, Andrew Tyrie, who chaired the watchdog from 2018 to 2020, makes a number of recommendations for reform of the competition watchdog, which can be taken forward without further legislation.

    Assembling accountability: Algorithmic Impact Assessment for the public interest

    Data & Society Research Institute

    29 Jun 2021 | Report | Technology

    The Algorithmic Impact Assessment (AIA) is a new concept for regulating algorithmic systems and protecting the public interest. This report maps the challenges of constructing AIAs and provides a framework for evaluating the effectiveness of current and proposed AIA regimes.

    Tools for trustworthy AI: a framework to compare implementation tools for trustworthy AI systems

    OECD Publishing

    28 Jun 2021 | Report | Economics, Technology

    This report presents a framework for comparing tools and practices to implement trustworthy artificial intelligence (AI) systems as set out in the OECD AI Principles. The framework aims to help collect, structure and share information, knowledge and lessons learned to date on tools, practices and approaches for implementing trustworthy AI.

    Report of the Inquiry on the future conduct of elections operating during times of emergency situations

    Parliament of Australia

    24 Jun 2021 | Report | Government

    This inquiry provided the committee with an opportunity to examine Australia’s electoral preparedness during challenging circumstances, and whether there is flexibility within the Commonwealth Electoral Act 1918 (Electoral Act) to adapt to these challenges.

    Special report on corrections

    Independent Broad-based Anti-Corruption Commission (IBAC)

    22 Jun 2021 | Report | Government, Justice

    IBAC performs an important role in exposing, investigating and preventing corruption across the public sector, including the corrections sector. This report focuses on four investigations – Operations Rous, Caparra, Nisidia and Molara – outlining the corruption issues involved, factors that may contribute to these issues recurring, and ways to reduce corruption risks.

    International standards: targeted regulatory review – regulatory roadmap

    Government of Canada

    21 Jun 2021 | Strategy | Economics, Government

    Examining strategic opportunities to incorporate international standards into regulation and to demonstrate leadership in standards development, this regulatory roadmap lays out plans to advance regulatory modernisation in support of economic growth and innovation in Canada.

    Clean technology: targeted regulatory review – regulatory roadmap

    Government of Canada

    21 Jun 2021 | Strategy | Environment, Technology

    Exploring opportunities for the regulatory system to increase the adoption of clean technology and to enhance innovation and competitiveness, this regulatory roadmap lays out plans to advance regulatory modernisation in support of economic growth and innovation in Canada.

    Targeted Regulatory Review: digitalization and technology-neutral regulations roadmap

    Government of Canada

    21 Jun 2021 | Strategy | Communications, Technology

    Identifying opportunities to advance the development, adoption and support of digital tools and processes in the regulatory space; and examining existing regulations to support technology neutrality, this regulatory roadmap lays out plans to advance regulatory modernisation in support of economic growth and innovation in Canada.

    Using targets to improve public services

    Institute for Government

    16 Jun 2021 | Report | Government

    Targets have been applied to a wide range of public services. This report analyses whether targets improve the performance of public services and the reasons for this, making recommendations on when and how government should set targets.

    Countering disinformation and protecting democratic communication on encrypted messaging applications

    Brookings Institution

    12 Jun 2021 | Policy report | Communications, Technology

    While the debate around encrypted messaging applications and law enforcement is more relevant than ever, especially with the increased reliance on digital communication during the pandemic, this paper recommends that those looking to build policy to curb mis- and disinformation on these platforms recognise that intimacy is often more important than security to those running large-scale political disinformation campaigns.

    Right to repair: Productivity Commission draft report

    Productivity Commission

    11 Jun 2021 | Draft report | Economics

    This draft report assesses the case for a right to repair in Australia, with a focus on whether consumers face any unnecessary barriers to repair that require a government policy response.

    Navigating precarity in non-standard work

    Public Policy Forum

    10 Jun 2021 | Report | Economics, Technology

    An estimated 30 percent of the Canadian workforce engages in non-standard employment in some form. This paper explores policy considerations as well as the current state of non-standard and precarious employment and antecedents that have rendered this a reality for many and a choice for some.

    Unregulated and segmented dark ads on social media: consumer education and regulatory options

    Australian Communications Consumer Action Network

    7 Jun 2021 | Report | Communications, Technology

    This project develops a model for providing accountability for 'dark ads' on Australia’s most popular social media platform, Facebook. By showing what accountability looks like, the research reminds us just how dramatically the online advertising environment has shifted.

    The last decade: the World Heritage Committee and the Great Barrier Reef

    Australian Marine Conservation Society

    3 Jun 2021 | Report | Environment

    This report provides expert advice to the World Heritage Committee on the protection and management of the Great Barrier Reef including recommendations to mitigate climate change and fishing impacts and to meet time-bound water quality targets.

     
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    IN CASE YOU MISSED IT

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    Driving the future of AV regulations: barriers to large-scale development

    Center for Strategic and International Studies

    28 May 2021 | Report | Government, Technology

    The United States has an opportunity to play a leading role in autonomous vehicle (AV) legislation and can capitalise on its early-mover advantage to develop comprehensive standards with trading partners. This paper outlines the current regulatory barriers to AV deployment at scale and offers recommendations for a path forward.

    Foreign interference and Australian electoral security in the digital era

    Electoral Regulation Research Network, Democratic Audit of Australia

    15 May 2021 | Working paper | Government, Technology

    Digitisation of elections in Australia induces new vulnerabilities that malign foreign entities can exploit to subvert our democratic sovereignty. Despite this threat landscape, according to this paper, Australia’s digital-analogue hybridity safeguards federal elections from hard cyber security risks that might seek to directly tamper with votes and data.

    Regulatory frameworks

    Australia and New Zealand School of Government (ANZSOG)

    15 Feb 2021 | Video | Government

    As anyone tasked with developing their agency’s regulatory strategy knows only too well, the landscape of available ideas is crowded and confusing. This presentation discusses some of the approaches that will be most helpful in making, explaining and evaluating regulators' choices, setting their posture and building their culture.

    What we heard: report on regulatory modernization

    Government of Canada

    29 Jun 2019 | Report | Government

    In recent years, the Government of Canada has undertaken a number of initiatives to modernise the Canadian regulatory system and improve its performance for Canadians and businesses. This report provides a detailed summary of stakeholder feedback on four priority regulatory modernisation initiatives.

     
     

    UPCOMING FREE EVENTS

    Is regulatory failure a good teacher?

    Thursday 15 July
    12pm - 1pm AEST

    Facilitator: Simon Corden (Commissioner, Victorian Essential Services Commission)

    Presenters: Bronwyn Weir (Managing Director, Weir Legal and Consulting Pty Ltd) and David Chandler OAM (NSW Building Commissioner, NSW Government)

    Please join an expert in the recent failings of the national building and construction code and NSW’s fearless Building Commissioner, as we examine the implications of this case study for regulators everywhere. Register now. 

    Learning from success? Doing safety differently

    Wednesday 21 July
    12pm - 1pm (AEST)

    Facilitator: Dr Maggie Hardy (Executive Director Office of Licensing and Compliance, Australian Pesticides and Veterinary Medicines Authority (APVMA))

    Presenters: Martyn Campbell (Work Health & Safety Regulator, South Australia) and Sidney Dekker (Professor, Griffith University)

    Please join the founder of Safety Differently, Professor Sidney Dekker, and a leading work health and safety practitioner as they guide us through this ground-breaking approach and draw out the lessons for all regulators. Register now.

     
     

    JOBS BOARD

    Senior Project Officer

    14 JUL 2021

    Flexible location within NSW

    Natural Resources Access Regulator

    Manage the delivery of voluntary compliance Education Projects for NRAR Flexible location across NSW, regional locations encouraged Ongoing full-time opportunity Salary starting from $111,077+ super Join the Natural Resources Access Regulator (NRAR) as a Senior Project Officer, Education. Manage a small team to deliver a...

    Senior Data Analyst

    19 JUL 2021

    Sydney Region

    Behavioural Insights Unit

    Do you have experience leading and developing evaluation strategies? Can you apply diverse analysis techniques and tools when working with data to identify trends, issues, and anomalies? Grade 9/10 role Opportunity based at Mckell Building - Haymarket Potential for future ongoing permanent or extension About...

    Manager - Supervision

    20 JUL 2021

    Sydney (Flexible working available)

    Department of Customer Service (NSW)

    Do you want to help professional bodies improve the way they regulate their members and lift professional standards in the building, accounting, legal and other professional services sectors? A unique Manager role regulating for consumer protection across Australia. This is an exciting opportunity to play...

    Assistant Projects Officer, Investigations

    25 JUL 2021

    Tamworth, Albury, Deniliquin

    Natural Resources Access Regulator

    The Department of Planning, Industry and Environment is currently seeking results-driven Assistant Project Officers to join the Natural Resources Access Regulator (NRAR) project teams. Provide project and administrative support for the successful delivery of key projects. Two ongoing permanent Clerk Grade 5/6 vacancies. One role...

    Investigator, Natural Resources

    25 JUL 2021

    Orange, Dubbo, Tamworth

    Natural Resources Access Regulator

    Opportunity to provide compliance and oversee governance of the community’s fair and equitable access to water Two x Ongoing permanent Clerk Grade 7/8 – Location Dubbo, Orange or Tamworth One x temporary role until 30 June 2022, Clerk Grade 7/8 – Location Dubbo or Orange...

    Assistant Director, Governance and Planning

    25 JUL 2021

    Melbourne

    Tertiary Education Quality and Standards Agency

    The Assistant Director, Governance and Planning will be accountable, under broad direction, for the Agency’s strategic and annual planning and performance reporting requirements. They will understand and implement government requirements such as the Commonwealth Performance Framework and develop content for the Annual Report and other...

     
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