This included 13 independent reviews All but one significant regulatory proposal was certified by agencies as undertaking review supported by a RIS or a certified independent and analysis equivalent to a RIS. review at the time it went to assessment by a decision maker. The exception was a decision granted by the Prime Minister to Table 3: Australian Government RIS compliance at the final decision-making exempt the Competition and Consumer stage 1 January 2016 30 June 2017 – (Industry Code—Sugar) Regulations 2017 Stage Number (Cth) from the RIS requirements due to urgent RISs required 58 and unforeseen events. A RIS explaining the Compliant RISs prepared 57 introduction of a prescribed mandatory Best practice RISs 43 industry code under the Regulations could not Exceptional circumstances exemptions 1 be prepared before the decision was taken. The Treasury reported the regulatory costs to the OBPR within three months of the decision Of the 57 Commonwealth RISs reported as in accordance with Government requirements compliant by the OBPR, 43 were judged to for a Prime Minister’s exemption. A PIR of the represent RIA best practice. Best practice is operation of the Code must be completed the judgement that the RIS is consistent with within two years of implementation. the principles contained in the Government’s RIA framework and reflecting a level of rigour, Australian Government RIS compliance by consultation and analysis commensurate with portfolio is shown in Appendix C. Summaries the problem being addressed. of agencies’ Australian Government RIS status by financial year is available on the on the The remaining 14 RISs achieved compliance Department of the Prime Minister and with RIS requirements, but to meet best Cabinet website. practice have required one or more of the following: Post-Implementation Reviews greater definition of the policy problem Under the Australian Government’s RIS addressed; process, agencies must complete a PIR: a greater level of analysis commensurate within five years of implementing a with the likely impacts; regulatory change which has a a higher level of consultation or substantial or widespread impact on the representation of stakeholder views on economy; or the options and likely impacts on within two years where an adequate RIS regulated stakeholders and the economy; was required but not prepared or where or a Prime Minister’s exemption was meeting transparency and publishing granted. milestones.
This included 13 independent reviews certified by agencies as undertaking review and analysis equivalent to a RIS. Table 3: Australian Government RIS compliance at the final decision-making stage 1 January 2016 – 30 June 2017 Stage Number RISs required 58 Compliant RISs prepared 57 Best practice RISs 43 Exceptional circumstances exemptions 1 Of the 57 Commonwealth RISs reported as compliant by the OBPR, 43 were judged to represent RIA best practice. Best practice is the judgement that the RIS is consistent with the principles contained in the Government’s RIA framework and reflecting a level of rigour, consultation and analysis commensurate with the problem being addressed. The remaining 14 RISs achieved compliance with RIS requirements, but to meet best practice have required one or more of the following: greater definition of the policy problem addressed; a greater level of analysis commensurate with the likely impacts; a higher level of consultation or representation of stakeholder views on the options and likely impacts on regulated stakeholders and the economy; or meeting transparency and publishing milestones. All but one significant regulatory proposal was supported by a RIS or a certified independent review at the time it went to assessment by a decision maker. The exception was a decision granted by the Prime Minister to exempt the Competition and Consumer (Industry Code—Sugar) Regulations 2017 (Cth) from the RIS requirements due to urgent and unforeseen events. A RIS explaining the introduction of a prescribed mandatory industry code under the Regulations could not be prepared before the decision was taken. The Treasury reported the regulatory costs to the OBPR within three months of the decision in accordance with Government requirements for a Prime Minister’s exemption. A PIR of the operation of the Code must be completed within two years of implementation. Australian Government RIS compliance by portfolio is shown in Appendix C. Summaries of agencies’ Australian Government RIS status by financial year is available on the on the Department of the Prime Minister and Cabinet website. Post-Implementation Reviews Under the Australian Government’s RIS process, agencies must complete a PIR: within five years of implementing a regulatory change which has a substantial or widespread impact on the economy; or within two years where an adequate RIS was required but not prepared or where a Prime Minister’s exemption was granted.
annual_regulatory_reform_report_1_january_2016-30_june_2017-final.docx