A guide to regulation (1998)

Office of Regulation Review guide

Following the establishment of the Office of Best Practice Regulation, to replace the Office of Regulation Review, the Guide to Regulation (1998) has been superseded by the Best Practice Regulation Handbook.

This guide was designed to assist officials working on the development, review and/or reform of regulation. Government regulators in all Australian Government departments, agencies, statutory authorities and boards are required to use Regulation Impact Statements (RISs).

The Guide sets down the major elements of a RIS - including analysis of the costs, benefits and impacts of regulatory proposals, identification of alternative approaches and consultation - all of which underpin sound policy formulation.

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Contents

The second edition of A Guide to Regulation is now available.

The Guide was first released in October 1997. It was prepared by the Office of Regulation Review - within the Productivity Commission - and was endorsed by the Government. The Guide sets out the Government's requirements for regulation making and review and describes, in broad terms, best practice processes and requirements for developing and amending legislation and regulation.

This second edition of the Guide has been amended to strengthen the scrutiny and assessment of quasi-regulation (such as codes of practice) and to make such regulation more effective and accessible. These changes were foreshadowed in More Time for Business (March 1997), which noted that the Guide would be updated to include the recommendations of the interdepartmental committee on quasi-regulation, as endorsed by the Government.

The Guide is designed to assist officials working on the development, review and/or reform of regulation. Government regulators in all Commonwealth departments, agencies, statutory authorities and boards are required to use Regulation Impact Statements (RISs). The Guide sets down the major elements of a RIS — including analysis of the costs, benefits and impacts of regulatory proposals, identification of alternative approaches and consultation — all of which underpin sound policy formulation. These best practice processes help to ensure that regulation is fully justified, effective and minimises adverse side-effects, including on business.

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Preliminaries
Cover, Copyright, Contents, Foreword

A Best Practices for Regulation
A.1 Introduction
A.2 What is a Regulation Impact Statement (RIS)?
A.3 Should a RIS be prepared for all regulation?
A.4 At what stage should a RIS be prepared?
A.5 Key government processes to consider when preparing a RIS
A.6 Role of the Office of Regulation Review (ORR)
A.7 Consequences of non-compliance

B Guidelines for Commonwealth Regulation Impact Statements (RIS)
B.1 Problem or issue identification
B.2 Specification of the desired objective(s)
B.3 Identification of options
B.4 Assessment of impacts (costs and benefits) of each option
B.5 Consultation
B.6 Conclusion and recommended option
B.7 Implementation and review

B (Tax) Guidelines for Commonwealth Regulation Impact Statements (RIS) for Taxation Measures
1 Specification of the policy objective(s)
2 Identification of implementation options
3 Assessment of impacts (costs and benefits) of each implementation option
4 Conclusion and recommended option

C RIS Checklist
C.1 Problem
C.2 Objectives
C.3 Options
C.4 Impact analysis (costs and benefits) of each option
C.5 Consultation
C.6 Conclusion and recommended option
C.7 Implementation and review
C.8 Adequacy criteria for RISs

D Preparing a RIS
D.1 Problem
D.2 Objectives
D.3 Options
D.4 Impact analysis
D.5 Consultation
D.6 Conclusion and recommended option
D.7 Implementation and review
D.8 Adequacy criteria for RISs

E Explanatory Material
E.1 When may regulation be necessary?
E.2 Forms of regulation and alternative instruments
E.3 Cost benefit assessment techniques

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