Deregulation Units Key Approaches © Commonwealth of Australia 2015 978-1-925237-96-2 Deregulation Units Key Approaches Copyright Notice With the exception of the Commonwealth Coat of Arms, this work is licensed under a Creative Commons Attribution 3.0 Australia licence (CC BY 3.0) (http://creativecommons.org/licenses/by/3.0/au/deed.en). This work must be attributed as: “Commonwealth of Australia, Department of the Prime Minister and Cabinet, “Deregulation Units Key Approaches” Use of the Coat of Arms The terms under which the Coat of Arms can be used are detailed on the following website: http://www.itsanhonour.gov.au/coat-arms/. Deregulation Units – Key Approaches 1 DEREGULATION UNITS – KEY APPROACHES TABLE OF CONTENTS Introduction ..................................................................... 3 Theme 1: Changing culture and building capacity .................. 4 Theme 2: Consulting and collaborating ................................. 8 Theme 3: Supporting regulators ........................................ 12 Theme 4: Reducing regulatory duplication .......................... 15 Theme 5: Coordinating, monitoring and reporting ................ 19 Other references for Deregulation Units .............................. 23 Deregulation Units – Key Approaches 2 DEREGULATION UNITS – KEY APPROACHES INTRODUCTION The Government is committed to cutting unnecessary red tape in order to reduce the regulatory burden for individuals, businesses and community organisations. A devolved model has been adopted to achieve this, where each agency is responsible for implementing the deregulation agenda. Deregulation Units have been established in every portfolio to cut red tape and champion better practice regulation in government. This Key Approaches guide showcases a selection of the initiatives and strategies individual Deregulation Units have effectively developed and implemented in order to cut red tape. Portfolios can draw from the ideas in this document to build on the strong results that have been achieved to date. The five approaches in this guide align to Deregulation Units’ key activities: Building capacity and changing culture: driving cultural change through clear expectations and building capacity. Consulting and collaborating: undertaking stakeholder engagement to capitalise on reform opportunities. Supporting regulators: engaging regulators in improving the design and administration of regulation. Reducing regulatory duplication: identifying and removing regulatory duplication. Coordinating, monitoring and reporting: centrally coordinating the deregulation agenda in their portfolios. The success of the decentralised model delivered by Deregulation Units is demonstrated by the red tape savings identified by the Government since coming to office in September 2013, exceeding the annual net $1 billion target. In addition, Deregulation Units have actively promoted understanding of the deregulation agenda. For example, they have been instrumental in supporting their portfolios to achieve 100% compliance for all proposals requiring a Regulation Impact Statement (RIS). Deregulation Units – Key Approaches 3 DEREGULATION UNITS – KEY APPROACHES THEME 1: CHANGING CULTURE AND BUILDING CAPACITY Deregulation Units are driving cultural change through clear expectations and building capacity. Deregulation Units are the champions of the deregulation agenda in their portfolios. They play an essential role in leading and embedding cultural change in their portfolios and encouraging new ways of thinking about regulation. The aim of the deregulation agenda, as articulated in the Australian Government Guide to Regulation, principles one and two in particular, is that regulation is no longer the default solution to policy issues and that unnecessary, counter-productive regulation is identified and removed. Setting clear expectations By setting clear expectations, Deregulation Units play an important role in ensuring the deregulation agenda and best practice regulation are not only understood by relevant staff, but remain at the forefront of their minds. Portfolios have clearly outlined the Prime Minister’s, Ministers’ and Secretaries’ expectations to executive staff in each portfolio, including Deregulation Unit heads. Deregulation Units – Key Approaches 4 EMPLOYMENT It is a Government requirement that deregulation performance indicators are included in the performance agreements of Senior Executive Staff (SES). To assist the SES to meet this requirement, the Deregulation Unit within the Department of Employment developed a matrix of indicators in line with the Integrated Leadership System. The Unit identified the four key business deliverables as: deregulation targets; regulation analysis and costing; regulation audits and reporting; and cultural change. > The matrix assists SES staff to adopt deregulation indicators as appropriate for their duties. SOCIAL SERVICES The Secretary of the Department of Social Services sent an email to all SES staff which outlined his expectations of them under the Government’s deregulation commitment, including: adopting a risk-based and proportional approach to regulation; complying fully with RIS requirements; and pursuing opportunities to reduce regulation that the community recognises as genuine productivity gains. This message to SES staff reiterated expectations set out in their performance agreements. The Deregulation Unit briefed the Secretary on the importance of the deregulation agenda and coordinated and drafted supplementary communications to SES staff. > The Secretary’s public recognition of the importance of the deregulation agenda promotes ongoing cultural change within the department. > The Deregulation Unit’s profile was lifted in the department, resulting in increased enquiries regarding best practice regulation. Building capacity through training and guidance Deregulation Units assist their portfolios to adapt their processes and thinking by providing staff with a range of training and guidance that builds their knowledge, skills and confidence in regulating and deregulating better. For greater effectiveness in this area, Deregulation Units will be supported by an APS Introduction to Better Practice Regulation training programme, developed by the Australian Public Service Commission. The programme is designed for all levels of staff and is scheduled to be rolled out in early 2016. The first module will introduce staff to concepts in better regulation through a blended learning approach that includes eLearning, a workshop and some self- Deregulation Units – Key Approaches 5 directed activities. Subsequent learning programs are expected to build specialist skills in regulatory policy development and delivery. Deregulation Units will also be supported by a Massive Open Online Course (MOOC) on Regulatory Impact Analysis that was developed by the Office of Best Practice Regulation. The objective of the MOOC is to build capacity in regulatory best practice by emphasising the principles of good regulatory practices. The MOOC uses modern technology and a variety of interactive and learning tools. It will be available to anyone, anywhere in the world on laptops, tablets and smartphones at a time of their choosing. SOCIAL SERVICES The Deregulation Unit in the Department of Social Services has developed a purpose-built Framework for Best Practice Regulation for its portfolio. > The Framework assists staff in understanding the Government’s expectations in relation to developing lower regulatory policy and interventions. > It also provides staff with tools to assess their current regulatory approach against best practice and identify opportunities to cut red tape. INDUSTRY AND SCIENCE To assist staff in minimising compliance burden when designing new policies and programmes, the Department of Industry and Science’s Deregulation Unit developed the Industry Officer’s Guide to Regulation Reform, available here. In creating this Guide, industry was consulted heavily to ensure it reflected their needs. The department is also working closely with industry to improve the quality and readability of their RISs by developing a standard RIS template. > The Guide draws together a range of policy materials, and uses visuals, case studies and checklists to assist staff develop best practice policy. > In addition to improving internal regulation processes, the standard RIS template is intended to improve transparency and clarity of the regulation making process for the community. TREASURY To complement tailored guidance provided to staff, Treasury’s Deregulation Unit has established an internal wiki site. This interactive and easy-to-navigate site walks users through each step of the RIS process and is a central portal where staff can access templates, diagrams, guidance and examples to assist the development of policy proposals. Deregulation Units – Key Approaches 6 > This dual approach to providing guidance encourages staff to take ownership of the deregulation agenda and educate themselves through the wiki site, while still providing expert, efficient advice through personal guidance. INFRASTRUCTURE AND REGIONAL DEVELOPMENT The Deregulation Unit facilitates an internal social network for policy makers to engage in discussion about their RIS experiences and access to resources. The Deregulation Unit has also developed training modules to inform staff on how to meet RIS requirements. > In addition to improving staff skills and knowledge, having a forum to discuss regulation creates a profile for regulatory reform in the department. ENVIRONMENT The Department of the Environment’s Deregulation Unit ran a series of deregulation “101” sessions about the benefits of the deregulation agenda, to draw out streamlining opportunities for stakeholders and internal processes. Approximately 400 staff attended 14 sessions across the portfolio. > This proactive approach has led to additional training being developed that focuses on detailed regulatory burden costings and the development of an e-learning module to assist new staff to understand the deregulation agenda. > This approach has been supported through engagement with policy areas, in undertaking costings to ensure consistency and improving understanding of the approach and benefits. INFRASTRUCTURE AND REGIONAL DEVELOPMENT A number of portfolios have arranged for academics specialising in regulatory policy to speak to departmental staff. For example, in 2015, the Department of Infrastructure and Regional Development’s Deregulation Unit arranged for a renowned academic from Harvard University to present a half day workshop. This was followed by an afternoon of intensive workshops for Senior Executive Staff on recent regulatory and supervisory strategy developments, and the challenges of effective risk control. > International and academic speakers enable staff to deepen their understanding of regulatory theory as well as expand their perspective on appropriate regulation. Deregulation Units – Key Approaches 7 DEREGULATION UNITS – KEY APPROACHES THEME 2: CONSULTING AND COLLABORATING Deregulation Units are consulting and collaborating with stakeholders to capitalise on reform opportunities. Through effective consultation and collaboration with stakeholders, portfolios are identifying and realising reform opportunities that ease real regulatory burdens, in cooperation with their Deregulation Units. This reflects principles five and six of the Australian Government Guide to Regulation. Portfolios consult a wide range of external stakeholders through portfolios’ Ministerial Advisory Committees on deregulation, or equivalent consultation mechanisms, as well as working closely with other agencies, as needed to pursue specific reforms, including reforms that do not sit neatly within one policy area or portfolio. Deregulation Units are active in facilitating stakeholder engagement. Working with external stakeholders Engagement with external stakeholders who experience or study regulatory burden, helps Deregulation Units to identify areas for future regulatory reform, while improving their understanding of how regulation works. Deregulation Units are also well positioned to educate and encourage the community, individuals and businesses to participate in the development of better regulatory policies and practices. AGRICULTURE At the 2015 Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) Outlook Conference, a session was held on deregulation. The presenters included the Parliamentary Secretary to the Prime Minister, the Hon Christian Porter MP, representatives from an international regulator, and an exporter affected by the Department of Agriculture’s deregulation reforms. Deregulation Units – Key Approaches 8 > This session helped the 600 to 700 conference delegates understand the impact of regulatory reform on business. > It also helped raise awareness of the deregulation agenda and the role of Deregulation Units in driving reform. COMMUNICATIONS In May 2014, the Department of Communications held a Telecommunications Deregulation Stakeholder Forum. Prior to the forum, a discussion paper canvassing options for reform was circulated, as well as stakeholder submissions to the discussion paper. Over twenty organisations across industry, regulators, Government departments and consumer groups attended, building a consensus for timely regulatory reform. The forum outcomes informed the development of the Telecommunications Legislation Amendment (Deregulation) Act 2015. > This transparent approach allowed stakeholders to be presented with specific recommendations for reforms and their input to be discussed and addressed in a transparent way, which in turn helped achieve timely consensus on a wide range of deregulatory initiatives. IMMIGRATION AND BORDER PROTECTION The Department of Immigration and Border Protection has been using social media to encourage suggestions from the general public. In December 2014, to correspond with an internal campaign, a public invitation was published via social media (Facebook, Twitter and LinkedIn) to get involved and provide ideas on red tape reduction. This was repeated in April 2015 to correspond with Autumn Repeal Day and the launch of the Portfolio Deregulation Annual Report. > Using social media as one of a number of stakeholder consultation mechanisms enables a broader range of red tape reduction opportunities to be identified. INDUSTRY AND SCIENCE Announced as part of the Industry Innovation and Competitiveness Agenda, the Department of Industry and Science is delivering the $225 million Industry Growth Centres Initiative which is the centrepiece of the Government’s new industry policy direction. Initially, five Industry Growth Centres are being established in key growth sectors of the Australian economy: advanced manufacturing; food and agribusiness; medical technologies and pharmaceuticals; mining equipment, technology and services; and oil, gas and energy resources. Each Growth Centre will be required to set a long-term, industry-led strategy focussed on increasing the productivity and competitiveness of their sector (a Sector Competiveness Plan). These Plans will include a Deregulation Units – Key Approaches 9 Regulation Reform Agenda identifying specific, practical and beneficial regulation reform opportunities. More information on the Growth Centres is available here. > The Growth Centres are important as they will link regulatory reform with strong stakeholder consultation mechanisms and the drive of broader reform in key sectors. INDUSTRY AND SCIENCE To bridge the gap between its stakeholders and the department, the Department of Industry and Science has redesigned its external regulation reform webpage, available here. The new webpage is more interactive, and encourages regulation reform suggestions from stakeholders, including industry. The webpage includes information on portfolio reviews, consultations, and current RISs. > This approach makes it easier for stakeholders to navigate relevant information quickly and learn more about topical reform issues. > It also encourages stakeholders to directly engage in regulatory reform. Working with other portfolios Driven by a common goal, Deregulation Units play a lead role in breaking down potential departmental silos by working with each other to identify and implement cross-portfolio reforms. Engaging in cross-portfolio networks not only helps portfolios to progress individual regulatory reforms, it also allows Deregulation Units to learn from one another. In addition to participating in regular cross-portfolio meetings organised by the Office of Deregulation in the Department of the Prime Minister and Cabinet, Deregulation Units have initiated a number of their own processes to work together. HUMAN SERVICES The Department of Human Services’ Deregulation Unit has established a cross-portfolio Deregulation Community of Practice for Executive Level and Australian Public Service Level staff. Membership of the Community of Practice is focused on service delivery portfolios along with representatives from the Office of Deregulation and the Office of Best Practice Regulation. Deregulation Units – Key Approaches 10 > This forum allows portfolios to discuss key challenges and cross-portfolio reform opportunities, share experiences, and provide feedback to the Office of Deregulation and the Office of Best Practice Regulation within the Department of the Prime Minister and Cabinet. > The membership of this forum has significantly grown, demonstrating the benefits it provides to participating portfolios. HEALTH & HUMAN SERVICES There are a number of examples where portfolios have worked together to implement mutually beneficial deregulatory measures. For example, as part of the 2015 March Repeal Day, amendments to the Health and Other Services (Compensation) Act 1995 (HOSC Act) to remove some regulatory requirements were announced as a joint savings measure for the Departments of Human Services and Health. Supported by the collaboration of both Deregulation Units, a measure which required agreement from both Departments was identified and subsequently implemented. > This kind of collaboration requires additional commitment from portfolios. However, it can achieve greater benefits in driving deregulation further. Not only will the HOSC Act reform deliver benefits across both portfolios, the reforms resulted in a greater saving than had been initially estimated. Deregulation Units – Key Approaches 11 DEREGULATION UNITS – KEY APPRAOCHES THEME 3: SUPPORTING REGULATORS Deregulation Units are engaging regulators in improving the design and administration of regulation. Deregulation Units are instrumental in engaging their portfolio regulators in all aspects of the deregulation agenda. They achieve this by building and maintaining important networks between their portfolio regulators and other areas in their portfolios. Unnecessary or poorly designed regulations impose excessive burden and reduce productivity, and poorly administered regulations also have costly impacts. For this reason, how regulators perform their functions is an important aspect of cultural change – as articulated in principle eight of the Australian Government Guide to Regulation. Implementing the Regulator Performance Framework The Regulator Performance Framework encourages regulators to undertake their functions with the minimum impact necessary to achieve regulatory objectives, and to affect positive, ongoing and lasting cultural change within each Commonwealth regulator. Deregulation Units are assisting regulators to apply the Regulator Performance Framework, which measures the performance of regulators against six indicators. This includes helping regulators to develop evidence metrics under the Framework. TREASURY & OTHER PORTFOLIOS The Regulator Performance Framework has required stakeholder consultation for the development of performance metrics for each Commonwealth regulator. The Treasury’s Deregulation Unit worked with a number of other portfolios to lead the development of a streamlined cross-portfolio consultation mechanism and facilitated discussions to share information and experiences about performance metrics. Meetings were convened with the nine Deregulation Units – Key Approaches 12 Treasury portfolio regulators to share information about the development and form of evidence metrics. Identifying stakeholders that would be engaged in multiple consultation mechanisms by > multiple departments under the Regulator Performance Framework, allowed the Treasury to lead joint information sessions to reduce duplication and minimise the burden on stakeholders. Working with regulators to reduce red tape In addition to the Regulator Performance Framework, Deregulation Units work with regulators more broadly to deliver better regulatory outcomes. This includes sharing evolving knowledge on best practice regulation and working together to identify and implement reform opportunities and red tape savings. Deregulation Units support the delivery of regulatory outcomes by fostering strong, ongoing relationships with portfolio regulators and sharing information across the entire portfolio. This includes encouraging regulators to attend Community of Practice events hosted by the Office of Deregulation. COMMUNICATIONS The Department of Communications and the Australian Communications and Media Authority (ACMA) have worked closely with each other to progress the Government’s deregulation agenda. The effective working relationship between the department and ACMA has been characterised by, weekly Deregulation Unit discussions, quarterly senior executive level meetings regarding deregulation priorities, and ongoing dialogue at appropriate levels concerning the implementation of measures across the portfolio. > Such ongoing engagement has helped to progress outcomes, better understand risks and ensure that industry stakeholders are approached in a consistent and coordinated manner. > Regular meetings, information exchanges and ongoing dialogue have helped focus resources and achieve consistent progress on the deregulation agenda. INFRASTRUCTURE AND REGIONAL DEVELOPMENT The Department of Infrastructure and Regional Development’s Deregulation Unit works in partnership with a Regulatory Practitioners' Forum. The forum coordinates activities to strengthen Deregulation Units – Key Approaches 13 the department’s performance in regulatory functions and develops resources such as the Departmental Strategic Framework for Regulation. > The Forum and Strategic Framework engage and empower departmental regulators. EDUCATION AND TRAINING The Department of Education and Training’s Executive Board Deregulation Committee oversees and manages strategic decisions and advice on the implementation of deregulation activities in the portfolio. The Deregulation Committee is chaired by a Deputy Secretary and made up of senior representatives from across the department, and attended by representatives from the portfolio’s regulators. Through this committee, regulators and department staff work together to support and monitor the portfolio’s efforts to reduce regulatory burden. > This arrangement provides a clear mechanism to regularly and directly consult and collaborate with the portfolio’s regulators. Deregulation Units – Key Approaches 14 DEREGULATION UNITS – KEY APPRAOCHES THEME 4: REDUCING REGULATORY DUPLICATION Deregulation Units are uniquely placed to collaborate in identifying and removing regulatory duplication. Regulatory duplication occurs when different jurisdictions, portfolios or agencies/sections within these, impose similar requirements on the same individuals, businesses or community organisations. Duplicative regulation has a cumulative impact. This can be a challenging area to achieve results as it requires close collaboration between individual portfolios, and even different levels of government, as articulated in principle six of the Australian Government Guide to Regulation. Adopting international standards and risk assessments The Government is committed to the general principle that Australia should adopt international standards and risk assessments to reduce the need for duplicative Australian approvals when products, services or systems have already been approved by trusted international regulators, unless it can be demonstrated that there is a good reason to do so. Deregulation Units are assisting their portfolios to develop tailored criteria for assessing the potential to adopt applicable international standards and risk assessments, and to remove duplicate and/or unnecessary Australian-specific standards and risk assessment processes. HEALTH On 15 October 2014, the Government announced changes to the regulation of therapeutic goods. The changes will allow Australian manufacturers of medical devices to obtain market approval for most of their products, using conformity assessment certification from European notified bodies. Deregulation Units – Key Approaches 15 The change will allow Australian manufacturers to choose to either have conformity assessment conducted by the Therapeutic Goods Administration (TGA) or an alternative conformity assessment body, such as a European notified body. This will put Australian manufacturers of all but the highest-risk products on an equal footing with those from overseas, avoiding the need for duplicate conformity assessments for those manufacturers wishing to export their products to Europe. The new rules will not apply to the very highest risk devices which will need TGA conformity assessment. > This reform means that in many cases locally-made medical devices could get to market quicker. ENVIRONMENT In developing criteria to assess opportunities for the greater adoption of international standards and risk assessments, the Department of the Environment undertook roundtable discussions with, as well as writing to, their key stakeholders. The Deregulation Unit developed a flow chart to assist decision making, which was a useful tool for prompting discussion about the practical application of the criteria. Stakeholders provided input into the final flow chart, and indicated that they would like to see it published alongside the criteria. > Stakeholders voiced their appreciation for the time taken by the department to meet with them. They also asked for ongoing consultation to be embedded in the ongoing process of assessing standards and risk assessments. INDUSTRY AND SCIENCE The Department of Industry and Science’s Deregulation Unit has worked with relevant regulators to adopt or align with international standards. For instance, the department realised a $1.64 million annual saving to businesses supplying external power supplies in Australia, by removing regional product marking requirements. This allows these products, which are manufactured overseas (with higher international energy performance standards), to display the same marking for all countries. > This reform means that international products could get to market quicker in Australia, increasing choice for consumers. Working with state and territory governments The Government is committed to working with the states and territories to remove regulatory duplication and has made Deregulation Units – Key Approaches 16 deregulation a standing item on the Council of Australian Governments (COAG) agenda. Deregulation Units are working with state and territory governments to progress red tape reduction initiatives. This includes supporting COAG discussions and reforms. INDUSTRY AND SCIENCE The Department of Industry and Science has partnered with other jurisdictions to pursue reforms related to industrial chemicals manufacturing, and beef and dairy processing. To progress chemicals reform, the Department of Industry and Science has convened a Reference Group of Commonwealth policy departments and state representatives, to oversee a consultancy project identifying opportunities to improve the efficiency and effectiveness of the chemicals regulatory framework. > The project is focused on streamlining Commonwealth assessment functions, however the inclusion of state representatives allows for consideration of any changes to the operation of the framework as a whole. ENVIRONMENT The Department of the Environment is engaging state and territory governments on a review of environmental regulation. The interim report for the review provided a stocktake of existing reform activity and identified a number of reform opportunities that warranted further consideration. The review has a particular focus on opportunities for multi-jurisdictional reform and harmonisation where these add value. > In addition to identifying potential reforms, this review has strengthened ongoing collaboration between the Commonwealth and state and territory governments. Collaborating with other portfolios Deregulation Units are promoting regulatory coherence by working with other portfolios to remove conflict of regulations and develop regulatory approaches that avoid duplication. ENVIRONMENT & INDUSTRY AND SCIENCE On 28 February 2014, the Hon Ian Macfarlane MP, the Minister for Industry and the Hon Greg Hunt MP, Minister for the Environment, announced a new streamlined approach for Deregulation Units – Key Approaches 17 environmental approvals for offshore petroleum activities. The National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) is now the sole designated assessor for these activities in Commonwealth waters. Previously, petroleum and greenhouse gas activities in Commonwealth waters were subject to regulation by two separate regulators. > This reform has resulted in a significant saving and simplification that could not have been achieved without good engagement and communication between the two portfolios. PRIME MINISTER AND CABINET The Department of the Prime Minister and Cabinet administers regulation relating to its grants programmes. The Deregulation Unit works closely with other portfolios that have significant grants programmes to ensure consistency of approach to measuring the impact of grants programmes. The Deregulation Unit also shares ideas with other portfolios on where regulatory impact can be streamlined, as well as reduced in relation to the administration of grants programmes. > This collaboration has not only reduced red tape for stakeholders, but also achieved efficiencies for departments. Deregulation Units – Key Approaches 18 DEREGULATION UNITS – KEY APPRAOCHES THEME 5: COORDINATING, MONITORING AND REPORTING Deregulation Units are the central coordinators of the deregulation agenda in their portfolios. Deregulation Units support their portfolio executive and the rest of the portfolio to help deliver red tape savings, achieve deregulation milestones, and embed better regulation in government. The importance of this role is captured in principle ten of the Australian Government Guide to Regulation, which asks policy makers to work closely with their Deregulation Unit. Monitoring the delivery of key deregulation outputs Deregulation Units are responsible for monitoring the day-to-day delivery of the portfolio’s key deregulation outputs. This includes assisting the portfolio to apply the Government’s costing methodology to regulatory changes; reporting these changes through quarterly reports to the Office of Deregulation and annual deregulation reports; ensuring regulatory impact analysis processes are followed within the portfolio; and conducting stocktakes and audits of regulation as needed. Deregulation Units also facilitate two-way communication between the executive and the portfolio through a range of reporting and governance mechanisms, to ensure the executive are able to provide effective leadership in implementing the deregulation agenda. Deregulation Units – Key Approaches 19 TREASURY The Treasury’s Deregulation Unit developed a tool to assist the prioritisation of deregulation reform ideas raised by stakeholders. This tool tracks deregulatory ideas in the Treasury portfolio and assess them against the following categories: deregulatory savings, simplicity, sensitivity, time to implement, net benefit and iconic value. This allows the Deregulation Unit to sift through a long list of ideas and identify prospective reforms that are worthy of further investigation. > The tool has been particularly useful in assisting the Board of Taxation to develop a programme of short and long term proposals for Treasury to reach its deregulation targets. > The tool could have broader applications and investigations are underway to incorporate the tool into an application that other areas in the department can use to track and report on other measures and processes. HUMAN SERVICES The Department of Human Services’ Deregulation Unit currently reports monthly to their Executive under internal governance arrangements. > Monthly reporting helps ensure the portfolio’s executive are updated regularly and can respond to risks in a timely manner. EDUCATION AND TRAINING The Department of Education and Training’s internal Deregulation Committee (as mentioned on page 16) monitors the strategic decisions and advice on the implementation of deregulation activities within the portfolio, to ensure that key outputs are delivered. A working sub-committee of executive level officers from across the department supports the Deregulation Committee by coordinating regulatory activities, identifying opportunities to reduce red tape and assisting a culture of better regulation > This arrangement supports regular senior consideration of deregulation activities and progress across the portfolio. > It also provides well informed advocates for deregulation within all areas of the portfolio. Developing internal tools and networks Deregulation Units support the portfolio’s policy makers and regulators by fostering constructive internal networks. These networks facilitate the Deregulation Unit’s coordination role as well as broader consultation and collaboration with the portfolio. Deregulation Units – Key Approaches 20 Deregulation Units also help their portfolios by assisting them to clarify the need for government interventions, consider a range of regulatory options and assess their costs and benefits, complete RIS requirements by engaging with the Office of Best Practice Regulation, and develop and coordinate tailored internal protocols and tools. Protocols and tools help staff deliver strong deregulation outputs, while also embedding a deregulatory culture and better regulatory practices. DEFENCE & VETERANS’ AFFAIRS A Deregulation Action Network supports the Deregulation Units in the Departments of Defence and Veterans’ Affairs. It consists of one representative from each area within the portfolio and coordinates input to the Deregulation Unit. > This formal network ensures that all areas of the portfolio are consulted and have the opportunity to influence the deregulation agenda. HEALTH The Department of Health’s Deregulation Unit established an internal Regulatory Craft Community of Practice (RCCoP) for staff to respond to the Health Portfolio Annual Deregulation Report and other policy development needs of the organisation. > The RCCoP encourages and supports cross divisional approaches to identifying priorities for reform and is a mechanism to educate staff on best practice regulation. SOCIAL SERVICES The Department of Social Services’ Deregulation Unit has initiated a ‘staff-swap’ arrangement between the Deregulation Unit and other strategic areas in the portfolio such as its Budget Development Branch. > Swapping staff strengthens the Deregulation Unit’s networks, diffuses better regulation expertise through the portfolio and diversifies the skills of the Deregulation Unit. ATTORNEY-GENERAL’S The Deregulation Unit in the Attorney General’s Department has built numerous safeguards into normal corporate processes to ensure they remain abreast of potential regulatory changes. This includes monitoring all submissions provided to and returned from their Ministerial officers, to ensure regulatory requirements have been met. It also includes providing information about the Deregulation Units – Key Approaches 21 Government’s deregulation agenda and where to seek assistance in the Attorney-General’s Department legislative projects guide. > This dual process, of ensuring robust tools and processes are in place to initially support policy makers and then subsequently monitoring the implementation of these tools and processes, ensures that good regulatory outcomes are achieved. AGRICULTURE The location of Deregulation Units within portfolio administrative structures can support stronger outcomes. For example, the Department of Agriculture’s Deregulation Unit is located within the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES). > Through this arrangement the Deregulation Unit is supported in its work by the Productivity Section of ABARES, which provides technical support to quantify compliance cost impacts of proposed measures. Deregulation Units – Key Approaches 22 DEREGULATION UNITS – KEY APPRAOCHES OTHER REFERENCES FOR DEREGULATION UNITS A list of relevant references and resources is available on the Cutting Red Tape website (https://www.cuttingredtape.gov.au/). Office of Deregulation The Australian Government Guide to Regulation: https://www.cuttingredtape.gov.au/handbook/australian-governmentguide-regulation Regulator Performance Framework: https://www.cuttingredtape.gov.au/resources/rpf Office of Deregulation guidance materials for portfolios: https://www.cuttingredtape.gov.au/resources/guidance Portfolio Contacts and Annual Deregulation Reports: https://www.cuttingredtape.gov.au/resources/portfolio-resources Whole of Government Annual Deregulation Report: https://www.cuttingredtape.gov.au/annual-reports Previous Repeal Day materials: o https://www.cuttingredtape.gov.au/repeal-day/2015-autumnrepeal-day o https://www.cuttingredtape.gov.au/repeal-day/2014-springrepeal-day o https://www.cuttingredtape.gov.au/repeal-day/2014-autumnrepeal-day Office of Best Practice Regulation Office of Best Practice Regulation guidance materials for portfolios: https://www.dpmc.gov.au/office-best-practice-regulation/guidance Office of Best Practice Regulation training: https://www.dpmc.gov.au/office-best-practice-regulation/developingregulatory-proposal/training Published RISs: http://ris.dpmc.gov.au/ Deregulation Units – Key Approaches 23 Commonwealth Regulatory Burden Measurement costing tool: https://rbm.obpr.gov.au/home.aspx COAG Best Practice Regulation guide: https://www.dpmc.gov.au/bestpractice-regulation-guide-ministerial-councils-and-national-standardsetting-bodies Department of the Prime Minister and Cabinet Legislative Instruments Handbook: http://www.dpmc.gov.au/pmc/publication/legislation-handbook Office of Parliamentary Counsel Drafting materials including Legislative Instruments Handbook: http://www.opc.gov.au/about/draft_manuals.htm Clearer Commonwealth Law materials: http://www.opc.gov.au/clearer/index.htm Productivity Commission Performance Benchmarking of Australian Business Regulation: http://www.pc.gov.au/inquiries/completed/regulation-benchmarking Other government guidance documents Administering Regulation better practice guide: http://www.anao.gov.au/Publications/Better-Practice-Guides/20132014/Administering-Regulation Organisation for Economic Cooperation and Development Regulatory policy materials: http://www.oecd.org/gov/regulatorypolicy/ Recommendation of the Council on Regulatory Policy and Governance: http://www.oecd.org/gov/regulatory-policy/2012recommendation.htm Deregulation Units – Key Approaches 24