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Regulation and its review 1997-98

Annual report series

Regulation and its Review 1997-98 was released on 10 December 1998. The report forms part of the Commission's annual report series.

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  • Media release
  • Contents

The Productivity Commission today released Regulation and its Review 1997-98. This meets its obligation to report annually on compliance with the Commonwealth's new, best practice requirements for making regulations. A core element is the preparation of Regulation Impact Statements, to ensure regulatory action is well informed and achieves intended goals, while minimising any burden on business and the community. The Office of Regulation Review, within the Productivity Commission, is responsible for overseeing the requirements.

Gary Banks, the Productivity Commission's Chairman, said 'This is the first time that a comprehensive report on compliance with regulation review requirements has been published. Overall, given that 1997-98 was a transitional year, the results are encouraging. But there is also clearly room for improvement.'

Nearly all Bills that required a Regulation Impact Statement (RIS) had one attached when tabled in Parliament. However, less than half of such regulatory proposals had made use of a RIS at the earlier stage, when they were being actively considered by the decision maker.

RIS requirements also apply to subordinate legislation. treaties and quasi -regulation (such as codes of conduct). There are many different processes by which subordinate legislation and quasi-regulation are made and treaties have long lead times, so that it is difficult to monitor compliance. Nevertheless, it is apparent that there is substantial scope for improving compliance in these areas.

The report also analyses the Commonwealth's compliance with the national Legislation Review Program - a four year program reviewing all existing legislation which restricts competition or affects business. The Commission questions whether it will be feasible for this ambitious program to be completed by the Year 2000. Given the far-reaching consequences of some of the leaislation. however, it considers that the quality of review and reform efforts needs to take precedence over timeliness.

Background information

02 6240 3330

  • Preliminaries
    Cover, Copyright, Foreword, Contents and Abbreviations
  • Summary

Part I The Stock of Regulation

  • Chapter 1 Progress in review and reform of existing legislation
    1.1 Obligations and requirements for reviews
    1.2 The status of reviews
    1.3 Performance indicators for review and reform of existing legislation
    1.4 Improving compliance with review requirements

Part II The Flow of Regulation

  • Chapter 2 Commonwealth requirements for new and amended regulation
    2.1 Commonwealth Regulation Impact Statement requirements
    2.2 The Productivity Commission to report on compliance
    2.3 Compliance indicators
  • Chapter 3 Bills introduced into Parliament
    3.1 Regulatory activity in Bills
    3.2 Compliance with indicators for Bills introduced
    3.3 Explaining compliance for Bills
    3.4 Improving compliance for Bill
  • Chapter 4 Subordinate Legislation
    4.1 What is subordinate legislation?
    4.2 Regulation Impact Statement requirements and subordinate legislation
    4.3 Regulatory activity in subordinate legislation
    4.4 Compliance for subordinate legislation
  • Chapter 5 Quasi-regulation
    5.1 What is quasi-regulation?
    5.2 The Government's approach to quasi-regulation
    5.3 Regulatory activity in quasi-regulation
    5.4 Compliance for quasi-regulation
    5.5 Explaining compliance for quasi-regulation
    5.6 Improving compliance for quasi-regulation
  • Chapter 6 Treaties
    6.1 What are treaties and how are they made?
    6.2 How do the Regulation Impact Statement requirements apply to treaties?
    6.3 Regulatory activities in treaties
    6.4 Explaining compliance for treaties
    6.5 Improving compliance for treaties
  • Chapter 7 Ministerial Councils and national standard-setting bodies
    7.1 COAG guidelines for regulatory action by Ministerial Councils and national standard-setting bodies
    7.2 The Office of Regulation Review's role
    7.3 Compliance report
    7.4 Explaining compliance
    7.5 How to improve compliance
  • Appendix A Commonwealth Legislation Review Schedule - status of reviews as at 30 June 1998
  • Appendix B Performance indicators for review and reform of existing legislation
  • Appendix C Regulation review in the States and Territories
  • Appendix D The activities of the Office of Regulation Review
  • Appendix E The Office of Regulation Review's role in monitoring compliance with COAG regulatory guidelines
  • References

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