3 Glossary This glossary contains the definition of common terms and phrases that appear in this report and in the regulator survey. It is based on the instructions that are sent to the regulators that complete the survey. Terms marked with an asterisk in the regulator responses appear in this glossary. Act A Bill that has been passed by Parliament, received Royal Assent and become law administered Acts and Regulations Acts and Regulations that are administered or enforced by the regulator administration and enforcement of regulation Processing of permits and licences, responding to enquires from regulated entities and consumers/public, investigating complaints, inspections, audits etc. Includes consultation on how to improve these elements of administration advisory body Victorian body that provides independent and/or expert advice to Ministers, regulators or departments to inform regulatory decision-making, and functions as standing consultative mechanisms annual public reporting of key performance indicators Information on the public reporting of key performance indicators of the regulator, such as in their annual report or on their website board See commission client satisfaction Satisfaction of stakeholders in the services provided by the regulator codes of practice Rules of practice and conduct that an industry or professional association adopts that may or may not be legally enforceable commission A group of people officially authorised by primary or subordinate legislation and appointed by the Governor-in-Council to perform regulatory duties or functions complaint A grievance, either made directly to a regulator or referred by a third party, about any aspect of the performance of a regulated firm or professional under the regulator’s purview consultative body See advisory body coverage of outcome measures Estimated proportion of regulatory activity for which there are outcome measures disciplinary action Action taken in response to misconduct EFT Equivalent full-time employees GLOSSARY 27 enabling Acts and Regulations Acts and Regulations that establish the regulator. These do not include all Victorian Legislation with which the regulator must comply in its internal operations enforcement Action taken to compel compliance with obligations or to punish non-compliance external data sources/audit Outcome measures are assessed using external/independent data sources and/or verified by external/independent review or audit financial year The 12 months from 1 July in one year to 30 June in the next governing body The body with lead responsibility for decision-making regarding the operations of the regulator Governor-in-Council The formal meeting of the Governor and the Executive Council guidance publications Material provided by a regulator to inform the public or assist compliance independent regulator A regulator that has been established by an Act of Parliament and operates at arms-length from government indicators compared with interstate or similar Victorian bodies Quantitative data on the regulatory activity are compared with equivalent bodies in other jurisdictions or similar entities in Victoria integrated into internal planning processes Regulatory outcome measures are agreed and monitored as part of the agency’s business planning processes Interstate agencies with similar responsibilities or functions A state or Commonwealth agency that carries out similar duties and performs similar roles to the regulator in question investigation An inquiry by a regulator into a complaint made about a regulated firm or professional’s compliance with mandatory requirements imposed by the Government legislation Laws passed by Parliament (as distinct from statutory rules that are made under powers delegated by Parliament) licensed/registered parties Persons or firms that have satisfied requirements such as competence, experience tests and so on, allowing them to carry out a regulated business. This may also refer to a location or other entity 28 VICTORIAN REGULATORY SYSTEM measures of administrative burden on regulated entities Annual public reporting of quantitative measures of the costs incurred by a firm or professional to demonstrate compliance or allow government to administer regulation measures of outcome/compliance Measures of the results of regulation in terms of the policy objectives Ministerial statement of expectations A statement made by the responsible Minister that outlines relevant government policies, including the government’s current objectives and priorities relevant to the regulator, and any expectations on how the regulator should conduct its operations not applicable The question does not apply to the regulator. The questions pertaining to the composition of the governing body, for example, do not apply to regulators located within government departments. Some regulators are only recently established, so the questions regarding years when they were not in existence are not applicable not available A regulatory body has stated that the relevant information is unavailable to them not recorded The regulator has stated that the information is not recorded not supplied This information has not been provided by the regulator and could not be sourced from publicly available material number of key activities Quantitatively report number of regulatory activities undertaken objectives The entity’s purpose, particularly with regard to its regulatory role penalties Any sanction, including deregistration, fines and suspension, imposed on a regulated firm or professional by a regulator in response to conduct deemed contrary to regulatory requirements permanent external consultative and advisory bodies A consultative or advisory body established either by a Minister, department or regulator, with an operational life exceeding one year policy advice Advice through a formal mechanism on changes in mandatory regulations, legislation, codes of practice, and rules that affect private activities GLOSSARY 29 policy development The process of formulating the direction of new primary and subordinate legislation, codes of practice, preparing regulatory impact statements and business impact assessments, policies on funding programs, community information or other activities. It includes consultation on these matters potential benchmarks Entities which undertake similar functions or processes and consequently could be a source of comparative performance information, with appropriate caveats regarding different contexts or circumstances process-based regulation An obligation on regulated entities to identify actual or potential harms that arise from activities they undertake, assessing the risk of the harm occurring, and identifying and implementing practicable means to reduce or eliminate those risks. This risk management process is often required to be documented (to demonstrate compliance), with risk management plans submitted to Government or made available for inspection by the regulator. These plans (and their implementation) may also be subject to audit by regulators and periodic review quantitative evaluation reported for regulatory initiatives/projects Reporting of the quantitative assessment of programs intended to improve regulatory outcomes regional Victoria Areas of Victoria outside metropolitan Melbourne regulated entities Individuals, businesses and organisations that are subject to one or more powers of the regulator regulator A State Government entity (either independent or within a department) that draws from primary or subordinate legislation one of more of the following powers in relation to businesses and/or occupations: inspection, referral, advice to third parties, licensing and accreditation or enforcement risk management strategy Strategy developed to manage risks to the agency’s achievement of the policy objectives set by government. These risks may be external (such as those that arise due to changes in technology, market conditions or other external factors) or internal (such as information technology, operation or legal risks). The strategy would be expected to cover the process of the identification, measurement, control and financing of risks which threaten the existence, reputation, assets or personnel of the regulator or the services it provides stakeholder consultation/ engagement policy Policy developed to facilitate genuine and informed stakeholder consultation and engagement with the agency. This can include processes that identify when consultation will occur, who will be consulted and how they will be consulted 30 VICTORIAN REGULATORY SYSTEM stakeholders All the parties that have an interest, financial or otherwise, in an organisation, including employees, customers, management, the community and government strategy related to enforcement The documented enforcement or compliance policy/strategy or guidelines which outline how the regulator intends to enforce compliance with regulatory requirements. A risk-based strategy will base resources and actions on a systematic, and usually quantitative, assessment of the likelihood and consequences of potential adverse events related to the objectives of the regulator subordinate legislation Statutory rules or Regulations made under the authority of an Act sunsetting Automatic lapsing of a law or subordinate regulation after a fixed period, unless something happens to keep it in place timeliness of regulatory process Quantitative reporting of time taken to undertake regulatory functions, such as issuing permits, licences, completion of investigations, etc. unit costs for key regulatory processes Cost per unit of completing procedures to facilitate regulation, such as cost per regulated professional, cost per investigation, cost per permit processed GLOSSARY 31