Commissioned review – improving the efficiency and performance of Victorian regulators I, Michael O'Brien MP, Treasurer of Victoria, pursuant to section 4 of the State Owned Enterprises (State Body - Victorian Competition and Efficiency Commission) Order ('the Order') hereby direct the Victorian Competition and Efficiency Commission ('the Commission') to conduct a commissioned review into improving the efficiency and performance of Victorian regulators. Background Victoria has about 60 bodies involved in regulating business. These regulators employ over 7000 staff, administer around 2.9 million licences, have annual expenditure of around $1.3 billion and recoup around $575 million through fees. The Victorian Government’s vision is for Victoria to have the most responsive and efficient regulatory system in Australia. Where the Government needs to intervene, it is committed to ensuring regulatory agencies meet Government objectives at the lowest possible cost to business. As announced in the 2013-14 Budget Update, the Victorian Government has committed to undertaking a review focused on improving the efficiency and performance of Victorian regulators to achieve budget savings of at least $30 million per year from 2015-16. This review is being commissioned to identify specific actions to achieve these savings. It will identify more efficient operating arrangements for the delivery of regulatory activities, for example, through more streamlined administrative arrangements. The level of fees and charges applied by regulators to the private sector will also be examined against enhanced cost recovery principles. In cases where regulators do not recover cost-reflective fees and charges from businesses, the review will consider opportunities to do so. This will ensure that sections of the community that do not benefit from a good or service do not have to bear such regulatory costs. In cases where regulator efficiencies are identified, the review will identify where this can be reflected in lower fees and charges. As well as delivering operational savings for regulators, reforms to improve the efficiency of regulators’ operations may lead to reduced regulatory burden on business without undermining regulatory outcomes. Scope The review is to be undertaken by the Commission in conjunction with Victoria’s regulators, with all parties providing resources and staff to the study team where possible. The study team will identify specific actions to achieve at least $30 million of annual budget savings from 2015-16 and be led and directed by the Commission. The review will identify and make recommendations on a number of areas including: 1. Opportunities to improve regulators’ cost recovery arrangements and their application, including under a revised cost recovery framework being developed by the Department of Treasury and Finance. 2. Opportunities to improve the efficiency of regulatory processes to reduce both regulators’ costs and where possible regulatory burdens on business, without undermining regulatory outcomes. 3. Opportunities to eliminate internal red tape that add unnecessarily to regulators’ costs. 4. Regulatory reforms to yield cost savings and reduced regulatory burdens on business and other regulated parties, without undermining regulatory outcomes. 5. Longer-term reform opportunities to improve the efficiency and performance of Victoria’s regulators. The review will focus on a first wave of regulators and regulatory areas comprising Consumer Affairs Victoria, the Victorian Commission for Gambling and Liquor Regulation, VicRoads and Crown land and natural resource management. Additional regulatory areas will be included after the first wave, based on the capacity for additional improvement in either or both of cost recovery and regulatory efficiency in those regulators. As part of the review, the Commission is to develop a suite of generic efficiency indicators that can be used to identify future opportunities to reduce costs and regulatory burden. These indicators should be clear and meaningful and straightforward to apply through, where possible, use of existing data. Process The Commission should take into account existing frameworks used to assess regulator efficiency and performance and any relevant studies or developments in Victoria and elsewhere. The Commission is to consult with relevant Victorian Government departments, agencies and regulators. Targeted consultation may also occur with regulated parties. Public hearings and submissions, issues papers and a draft report are not required. Timing The Commission is to provide to me with a final review report by 31 July 2014 or within 5 months of receipt of the terms of reference [whichever is longer]. Publication of the final study report will be at the Government’s discretion. If publication is agreed to, it should occur within six months of receipt of the final report. HON. MICHAEL O’BRIEN MP Treasurer