DEPARTMENT OF THE ENVIRONMENT REGULATOR PERFORMANCE FRAMEWORK METRICS Legislation Aboriginal and Torres Strait Islander Heritage Protection Act 1984 KPI 1 - Regulators do not unnecessarily impede the efficient operation of regulated entities KPI 2 – Communication with regulated entities is clear, targeted and effective KPI 3 – Actions undertaken by regulators are proportionate to the regulatory risk being managed KPI 4 – Compliance and monitoring approaches are streamlined and coordinated Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Demonstrated engagement with regulated entities to inform them of the regulators’ expectations. Demonstrated effort to reduce number and crossover of information requirements imposed on regulated entities. Documented established communication mechanisms with regulated entities, including feedback from existing complaint mechanisms and surveys of regulated entities. Antarctic Marine Living Resources Conservation Act 1981 Demonstrated engagement with relevant international organisations to learn from peer experiences and share better practices. Environment scanning is undertaken regularly. Decisions are accompanied by a statement of reasons and advice about relevant review or appeal mechanisms, where appropriate. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Timely decisions are accompanied by a statement of reasons and advice about relevant review or appeal mechanisms, where appropriate. Risk management policies and procedures are available to regulator staff and the public. Compliance and enforcement strategies are published and are consistent with agreed risk management policies. Demonstrated effort to coordinate inspections with similar regulators, where appropriate. Demonstrated engagement with regulated entities to inform them of the regulators’ expectations. Evidence of collected information being acted upon, stored and re-used. Agreed quality assurance processes are in place for staff use. Monitoring and enforcement strategies that allow for a range of regulatory responses. KPI 5 – Regulators are open and transparent in their dealings with regulated entities KPI 6 – Regulators actively contribute to the continuous improvement of regulatory frameworks Enforcement strategy and risk approach are published. Documented procedures are in place to allow active and regular engagement with stakeholders. Advice and guidance is widely available to stakeholders, with feedback mechanisms in place to support and inform continuous improvement. Enforcement strategy and risk approach are published. Performance measurement results are published. Documented procedures are in place to facilitate the flow of information between the regulator and policy departments. Documented procedures are in place to allow active and regular engagement with stakeholders. Stakeholder events held regularly to facilitate participation in the development and/or amendment of regulatory frameworks. Legislation KPI 1 - Regulators do not unnecessarily impede the efficient operation of regulated entities KPI 2 – Communication with regulated entities is clear, targeted and effective KPI 3 – Actions undertaken by regulators are proportionate to the regulatory risk being managed KPI 4 – Compliance and monitoring approaches are streamlined and coordinated Antarctic Treaty (Environment Protection) Act 1980 Demonstrated engagement with relevant international organisations to learn from peer experiences and share better practices. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Demonstrated engagement with regulated entities to inform them of the regulators’ expectations. Evidence of collected information being acted upon, stored and re-used. Agreed quality assurance processes are in place for staff use. Monitoring and enforcement strategies that allow for a range of regulatory responses. Demonstrated engagement with regulated entities to inform them of the nature of the risk, the need for mitigation and the regulators’ expectations. Demonstrated effort to reduce number and crossover of information requirements imposed on regulated entities. Environment scanning is undertaken regularly. Environment Protection and Biodiversity Conservation Act 1999 Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Environment scanning is undertaken regularly. Environment Protection (Sea Dumping) Act 1981 Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Demonstrated engagement with relevant international organisations to learn from peer experiences and share better practices. Decisions are accompanied by a statement of reasons and advice about relevant review or appeal mechanisms, where appropriate. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Feedback is sought from stakeholders on guidance and advice provided by the regulator via a wide range of mechanisms. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Feedback is sought from stakeholders on guidance and advice provided by the regulator via a wide range of mechanisms. Compliance and enforcement strategies are published and are consistent with agreed risk management policies. Demonstrated engagement with regulated entities to inform them of the regulators’ expectations. Compliance and enforcement strategies are published and are consistent with agreed risk management policies. 2 Monitoring and enforcement strategies that allow for a range of regulatory responses. Demonstrated effort to reduce number and crossover of information requirements imposed on regulated entities. Monitoring and enforcement strategies that allow for a range of regulatory responses. KPI 5 – Regulators are open and transparent in their dealings with regulated entities KPI 6 – Regulators actively contribute to the continuous improvement of regulatory frameworks Enforcement strategy and risk approach are published. Documented procedures are in place to allow active and regular engagement with stakeholders. Performance measurement results are published. Requirements of regulated entities are open and transparent. Stakeholder events held regularly to facilitate participation in the development and/or amendment of regulatory frameworks. Performance measurement results are published. Documented procedures are in place to allow active and regular engagement with stakeholders to seek contributions to improvement of the regulatory framework. 100% of Regulatory Impact Statements are certified as compliant by the Office of Best Practice Regulation Documented procedures are in place to facilitate the flow of information between the regulator and policy area. Requirements of regulated entities are open and transparent Documented procedures are in place to allow active and regular engagement with stakeholders. Enforcement strategy and risk approach are published. Documented procedures are in place to facilitate the flow of information between the regulator and policy departments. Legislation Fuel Quality Standards Act 2000 KPI 1 - Regulators do not unnecessarily impede the efficient operation of regulated entities Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Documented established communication mechanisms with regulated entities, including feedback from existing complaint mechanisms and surveys of regulated entities. Hazardous Waste (Regulation of Exports and Imports) Act 1989 Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Demonstrated engagement with relevant international organisations to learn from peer experiences and share better practices. Heard Island and McDonald Islands Act 1953 Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Environment scanning is undertaken regularly. KPI 2 – Communication with regulated entities is clear, targeted and effective KPI 3 – Actions undertaken by regulators are proportionate to the regulatory risk being managed KPI 4 – Compliance and monitoring approaches are streamlined and coordinated Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Demonstrated engagement with regulated entities to inform them of the regulators’ expectations. Feedback is sought from stakeholders on guidance and advice provided by the regulator via a wide range of mechanisms, including stakeholder surveys. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Decisions are accompanied by a statement of reasons and advice about relevant review or appeal mechanisms, where appropriate. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Decisions are accompanied by a statement of reasons and advice about relevant review or appeal mechanisms, where appropriate. KPI 5 – Regulators are open and transparent in their dealings with regulated entities KPI 6 – Regulators actively contribute to the continuous improvement of regulatory frameworks Demonstrated transparency of inspection and monitoring arrangements. Responses to requests from regulated entities are provided within specified timeframes. Documented procedures are in place to allow active and regular engagement with stakeholders. Documented enforcement strategy includes options for graduated compliance actions consistent with regulators’ powers. Monitoring and enforcement strategies that allow for a range of regulatory responses. Performance measurement results are published. Documented procedures are in place to facilitate the flow of information between the regulator and policy departments. Demonstrated engagement with regulated entities to inform them of the regulators’ expectations. Evidence of collected information being acted upon, stored and re-used. Reasons for information requests are communicated clearly and consistently. Documented procedures are in place to allow active and regular engagement with stakeholders. Documented enforcement strategy which allows for the compliance records of regulated entities to be considered in determining regulatory actions. Demonstrated effort to share and receive information among regulators, where appropriate. Advice and guidance is widely available to stakeholders, with feedback mechanisms in place to support and inform continuous improvement. Stakeholder events held regularly to facilitate participation in the development and/or amendment of regulatory frameworks. Demonstrated engagement with regulated entities to inform them of the regulators’ expectations. Evidence of collected information being acted upon, stored and re-used. Enforcement strategy and risk approach are published. Documented procedures are in place to allow active and regular engagement with stakeholders. Agreed quality assurance processes are in place for staff use. 3 Monitoring and enforcement strategies that allow for a range of regulatory responses. Advice and guidance is widely available to stakeholders, with feedback mechanisms in place to support and inform continuous improvement. Stakeholder events held regularly to facilitate participation in the development and/or amendment of regulatory frameworks. Legislation Historic Shipwrecks Act 1976 KPI 1 - Regulators do not unnecessarily impede the efficient operation of regulated entities KPI 2 – Communication with regulated entities is clear, targeted and effective KPI 3 – Actions undertaken by regulators are proportionate to the regulatory risk being managed KPI 4 – Compliance and monitoring approaches are streamlined and coordinated Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Demonstrated engagement with regulated entities to inform them of the regulators’ expectations. Demonstrated effort to reduce number and crossover of information requirements imposed on regulated entities. Demonstrated engagement with relevant international organisations to learn from peer experiences and share better practices. Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 including Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 Product Stewardship Act 2011 Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Demonstrated engagement with relevant international organisations to learn from peer experiences and share better practices. Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Environment scanning is undertaken regularly. Feedback is sought from stakeholders on guidance and advice provided by the regulator via a wide range of mechanisms, including stakeholder surveys. Relevant staff trained in risk management policies, processes and procedures. Feedback is sought from stakeholders on guidance and advice provided by the regulator via a wide range of mechanisms, including stakeholder surveys. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Demonstrated effective mechanisms for responding to stakeholder engagement / complaint. KPI 6 – Regulators actively contribute to the continuous improvement of regulatory frameworks Responses to requests from regulated entities are provided within specified timeframes. Documented procedures are in place to allow active and regular engagement with stakeholders. Enforcement strategy and risk approach are published. Performance measurement results are published. Documented procedures are in place to facilitate the flow of information between the regulator and policy departments. Demonstrated effort to share and receive information among regulators, where appropriate. Guidance materials comply with government accessibility guidelines. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Demonstrated effort to coordinate inspections with similar regulators, where appropriate. KPI 5 – Regulators are open and transparent in their dealings with regulated entities Demonstrated engagement with regulated entities to inform them of the regulators’ expectations. Feedback mechanisms to seek stakeholder views on inspection and monitoring regime. Responses to requests from regulated entities are provided within specified timeframes. Documented procedures are in place to allow active and regular engagement with stakeholders. Documented enforcement strategy includes options for graduated compliance actions consistent with regulators’ powers. Monitoring and enforcement strategies that allow for a range of regulatory responses. Reasons for information requests are communicated clearly and consistently. Documented procedures are in place to facilitate the flow of information between the regulator and policy departments. Demonstrated avenues for stakeholders to provide feedback and processes or policies to incorporate/consider this when tailoring approaches to risk. Feedback mechanisms to seek stakeholder views on inspection and monitoring regimes. Reasons for information requests are communicated clearly and consistently. Documented procedures are in place to allow active and regular engagement with stakeholders. Demonstrated effort to store and retrieve information among regulators, where appropriate. Performance information is made publicly available, where appropriate. Stakeholder events held regularly to facilitate participation in the development and/or amendment of regulatory frameworks. Documented enforcement strategy which allows for the compliance records of regulated entities to be considered in determining regulatory actions. 4 Legislation KPI 1 - Regulators do not unnecessarily impede the efficient operation of regulated entities KPI 2 – Communication with regulated entities is clear, targeted and effective KPI 3 – Actions undertaken by regulators are proportionate to the regulatory risk being managed KPI 4 – Compliance and monitoring approaches are streamlined and coordinated Water Efficiency Labelling and Standards Act 2005 including Regular, ongoing review of policies, procedures and requirements, including through consultation and engagement with stakeholders, independent experts and industry associations. Demonstrated appropriate consultation with stakeholders prior to significant regulatory or policy changes. Compliance and enforcement strategies are published and are consistent with agreed risk management policies. Water Efficiency Labelling Scheme (Registration Fees) Act 2013 Documented established communication mechanisms with regulated entities, including feedback from existing complaint mechanisms and surveys of regulated entities. Decisions are accompanied by a statement of reasons and advice about relevant review or appeal mechanisms, where appropriate. Documented enforcement strategy which allows for the compliance records of regulated entities to be considered in determining regulatory actions. 5 KPI 5 – Regulators are open and transparent in their dealings with regulated entities KPI 6 – Regulators actively contribute to the continuous improvement of regulatory frameworks Demonstrated effort to share and receive information among regulators, where appropriate. Responses to requests from regulated entities are provided within specified timeframes. Documented procedures are in place to allow active and regular engagement with stakeholders. Demonstrated transparency of inspection and monitoring arrangements. Reasons for information requests are communicated clearly and consistently. Documented procedures are in place to facilitate the flow of information between the regulator and policy departments.