PRODUCTIVITY COMMISSION DRAFT REPORT REGULATORY IMPACT ANALYSIS: BENCHMARKING A SUBMISSION BY THE NORTHERN TERRITORY GOVERNMENT OCTOBER 2012 Introduction The Northern Territory Government welcomes the opportunity to contribute to the Commission’s Draft Report on the Benchmarking of Regulatory Impact Analysis. Concerns with references to the Northern Territory (NT) Page no and Section NT Reference in Report Comments on Accuracy Page 16: RIS Content COAG-agreed best practice of The RMF process requires nominating the option which analysis of costs and benefits of generates the greatest net all options. While not explicit, benefit for the community, is an if the nominated option does not important element of sound produce the greatest net benefit analysis, increasing the then clear justification is usefulness of RISs to decision required for nominating that makers. This practice has been option (page 13 of RMF adopted in all jurisdictions guidelines). Furthermore the except the Commonwealth, criteria for assessing RIS’ by South Australia and the the committee expressly Northern Territory. is includes ‘..whether it demonstrated that the proposed regulatory response is the most efficient approach.’ Page 82: Potential areas for Guidance material does not Apart from from budget and tax improvement in the NT accord with current practice and measures there are no does not include sufficient exemptions from or exceptions information on: to the NT Regulation Making Exceptions/exemptions Framework requirements. All No consultation RIS regulatory proposals are No RISs are published required to be subject to a No compliance reporting Preliminary Regulation Impact No public ministerial Analysis. Unless the statement of reasons for Preliminary Regulation Impact non-compliance or analysis is able to demonstrate a
PRODUCTIVITY COMMISSION DRAFT REPORT REGULATORY IMPACT ANALYSIS: BENCHMARKING A SUBMISSION BY THE NORTHERN TERRITORY GOVERNMENT OCTOBER 2012 Introduction The Northern Territory Government welcomes the opportunity to contribute to the Commission’s Draft Report on the Benchmarking of Regulatory Impact Analysis. Concerns with references to the Northern Territory (NT) Page no and Section NT Reference in Report Comments on Accuracy Page 16: RIS Content COAG-agreed best practice of nominating the option which generates the greatest net benefit for the community, is an important element of sound analysis, increasing the usefulness of RISs to decision makers. This practice has been adopted in all jurisdictions except the Commonwealth, South Australia and the Northern Territory. The RMF process requires analysis of costs and benefits of all options. While not explicit, if the nominated option does not produce the greatest net benefit then clear justification is required for nominating that option (page 13 of RMF guidelines). Furthermore the criteria for assessing RIS’ by the committee expressly includes ‘..whether it is demonstrated that the proposed regulatory response is the most efficient approach.’ Page 82: Potential areas for improvement in the NT Guidance material does not accord with current practice and does not include sufficient information on: Exceptions/exemptions No consultation RIS No RISs are published No compliance reporting No public ministerial statement of reasons for non-compliance or Apart from from budget and tax measures there are no exemptions from or exceptions to the NT Regulation Making Framework requirements. All regulatory proposals are required to be subject to a Preliminary Regulation Impact Analysis. Unless the Preliminary Regulation Impact analysis is able to demonstrate a
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