BRCWG REPORT CARD ON PROGRESS OF DEREGULATION
PRIORITIES
National Partnership Agreement to Deliver a Seamless National Economy (SNE NP)
1. Occupational Health and Safety
The national occupational health and safety reform commenced in five jurisdictions –
Queensland, New South Wales, the Australian Capital Territory, the Northern Territory and
the Commonwealth – on 1 January 2012. In addition, Tasmania and South Australia have
passed the necessary legislation, with the reform to commence on 1 January 2013, but with
South Australia putting in place a 12 month transition period for businesses to fully
implement the reform. The Victorian Government has advised that it will not be introducing
the model law in its current form. WA has advised that its decision to implement the model
law is subject to the finalisation of the mine safety provisions and consideration of a statespecific analysis of potential costs and benefits.
COAG agreed on 13 April 2012, that national occupational health and safety laws will be
reviewed by the end of 2014.
2. Environmental Assessment and Approval Processes
This reform is now operational. Commonwealth and State and Territory environmental
assessment and approval processes have been streamlined through implementation under the
Environment Protection and Biodiversity Conservation Act 1999, of bilateral assessment
agreements between the Commonwealth and each of the State and Territories. These
agreements provide for a single environmental assessment process for development. Further,
strategic assessments are in place in all jurisdictions, which allow for large-scale, complex
projects with multiple natures to be assessed once rather than on a case by case basis.
3. Payroll Tax
This reform is now operational. Uniform legislative provisions covering administrative
arrangements and definitions are in place in all jurisdictions, reducing the costs to business
associated with administering payroll tax.
4.
Licences of Tradespeople
A national occupational licensing system (NOLS) will deliver benefits to business,
consumers and the wider community through enhanced mobility of licensed trades between
jurisdictions. On 13 April 2012, COAG announced that, due to the complexities of the
reform, the NOLS would now commence from 2013 (rather than the scheduled
commencement date of 1 July 2012). Since then, steady progress has been made.
Consultation on the legislation, regulations and Regulation Impact Statements for the first
four occupations (electrical, plumbing and gas fitting, refrigeration and air conditioning, and
property occupations) concluded in mid-October.
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5. Health Professional Registration and Accreditation
This reform is now operational. This reform replaced over 85 health profession boards,
governed by 66 Acts of Parliament, with a single national scheme. From 1 July 2010, the
Australian Health Practitioner Regulation Agency (AHPRA) has been responsible for
regulating chiropractors, dental care practitioners, medical practitioners, nurses and
midwives, optometrists, osteopaths, pharmacists, physiotherapists, podiatrists and
psychologists.
The Productivity Commission’s Research Report on the Impacts of COAG Reforms: Business
Regulation and VET, released in May 2012, estimates that the prospective benefits of this
reform are $160 million per year.
6. Trade Measurement
This reform is now operational. From 1 July 2010, a single national trade measurement
system was established and is fully operational, replacing eight State and Territory trade
measurement systems. Petrol pumps, retail scales and weighbridges are all measuring
instruments that the public and business rely on every day to be accurate and fit-forpurpose. These measuring instruments, and the Licensees who service the instruments, are
now regulated under one national regime meaning that businesses no longer have to deal with
different regulators in each jurisdiction and different compliance and enforcement regimes.
7. Rail Safety
This reform is now operational. Model legislation and associated regulations has been
enacted in all relevant jurisdictions. This will facilitate more consistent safety outcomes for
the rail industry and reduce the compliance burden on rail operators in meeting different rail
safety regimes. The Productivity Commission’s Research Report on the Impacts of COAG
Reforms: Business Regulation and VET, released in May 2012, estimates that the realised and
prospective benefits of this reform are $15 million per year.
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8. Consumer Policy Framework
This reform is now operational. The Australian Consumer Law (ACL) commenced on
1 January 2011. The ACL provides for a national consumer protection framework, replacing
provisions in at least 20 different and overlapping Commonwealth, State and Territory laws.
The Productivity Commission’s Research Report on the Impacts of COAG Reforms: Business
Regulation and VET, released in May 2012, estimates that the realised and prospective
benefits of this reform are $880 million per year.
Further information on the ACL can be accessed at http://www.consumerlaw.gov.au/
9. Product Safety
This reform is now operational. On 1 January 2011, a new national product safety regime
commenced as part of the Australian Consumer Law. A single set of nationally consistent
product safety laws now applies in all States and Territories, resulting in reduced compliance
costs and improved certainty for businesses.
Further information on the product safety reform can be accessed at
www.productsafety.gov.au
10. National Regulation of Trustee Corporations
This reform is now operational. A national regime for the licensing and supervision of
trustee corporations commenced on 6 May 2010. The reform has put in place a national
market for traditional trustee company services, replacing the eight separate State and
Territory regimes which previously existed. The new regime increases consumer protection,
cuts red tape for trustee companies conducting business in more than one jurisdiction, and
lowers barriers to entry, promoting competition in the industry.
11, 12, and 13 Phase One National Consumer Credit Regulatory Regime
Phase One of consumer credit reforms is now operational, with the establishment of a
national regulatory framework for consumer protection regulation for mortgage broking,
margin lending and non-deposit taking institutions on 1 July 2010.
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14. Development Assessment (DA)
Development assessment reforms that are now operational include:

implementation of code based assessment for single residential dwellings that has
been implemented in all States and Territories;

national planning system principles that have been agreed and implemented by all
States and Territories; and

a framework that has been developed to measure the benefits of current and future
planning reform initiatives and all jurisdictions have agreed to use this methodology
to assess the benefits of any new national reform initiatives.
The Housing Supply and Affordability Reform (HSAR) Working Party of the Standing
Council on Federal Financial Relations has completed a review of housing supply and
government policies that may act as barriers to supply or that stimulate demand for housing,
and has reported these findings to COAG. Having published this HSAR review and agreed to
the HSAR recommendations, COAG has agreed that this reform is complete.
15. National Construction Code (NCC)
The national construction code reform is operational in all jurisdictions, except Western
Australia. A single consolidated set of national building and plumbing regulations is now in
place for the majority of Australian businesses.
The Western Australian Minister has recently signed off on a full review of the legislation
related to plumbing regulation which would include adopting the PCA (with a view to
expanding the scope of plumbing regulation in WA).
16. Chemicals and plastics regulation
All Early Harvest Reforms (EHR) under the chemicals and plastics reform stream have been
completed for the purposes of the SNE NP.
Thirteen of the 30 PC recommended Chemicals and Plastics reforms remain to be completed
under the SNE NP including model regulations for major hazard facilities (which are
dependent on the completion of the OHS reform – see above); reforms to the regulation of
AgVet chemicals (which are expected to be completed by end of 2012); regulatory controls
for poisons; reforms relating to the impact of chemicals on the environment; and reforms to
harmonise the regulation of security sensitive ammonium nitrate.
17. Registering Business Names
This reform was delivered in line with the agreed milestones, with the release of the National
Business Names Registration Service and the Australian Business Register on 28 May
2012. All states and territories have passed legislation to enable their adoption/referral and
transition to the new system. This reform establishes a national system for business names
registration, enabling businesses to register for business names and Australian Business
Numbers in one place.
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18. Personal Property Securities (PPS)
This reform is now operational. The Personal Property Securities Register commenced
operation on 30 January 2012. The reform establishes a single national PPS law and PPS
Register that will: increase certainty for those creating, dealing with and enforcing secured
lending arrangements; increase competition among secured finance providers; and assist
business to secure finance against property.
19. Standard Business Reporting (SBR)
This reform is now operational. SBR has been operational since 1 July 2010, offering
Australian businesses, accountants, bookkeepers, tax agents and payroll professionals a
quicker and simpler way to complete and lodge reports for government. More information is
available at www.sbr.gov.au
The Productivity Commission’s Research Report on the Impacts of COAG Reforms: Business
Regulation and VET, released in May 2012, estimates that the realised and prospective
benefits of this reform are $60 million per year.
20. Food regulation
This reform is now operational. The centralised interpretive advice function in Food
Standards Australia New Zealand commenced on 1 July 2011. This function will enable a
nationally consistent approach to the way in which food standards are interpreted and
enforced by jurisdictions.
21. National Mine Safety Framework
The WHS (Mines) Regulations will be considered by the Select Council on Workplace
Relations (SCWR) for endorsement. Once endorsed by SCWR, the WHS Mines Regulations
can be enacted by jurisdictions.
22. E-conveyancing
E-conveyancing reform is on track to be completed in line with COAG agreed milestones, by
June 2013, noting that the ACT has advised that, due to the disproportionate costs it faces as
a small jurisdiction and its unique leasehold system, it is reserving its position on
participating.
23. Oil and Gas Regulation
The oil and gas reform is close to completion, with the final milestone, agreement by
governments to principles of engagement for petroleum developers with local government,
expected to be finalised by the end of December 2012.
The National Offshore Petroleum Safety and Environmental Management Authority
(NOPSEMA) and the National Offshore Petroleum Titles Administrator (NOPTA) were
established on 1 January 2012.
As of 1 January 2012, NOPSEMA and NOPTA provide oversight of all petroleum, mining
and greenhouse gas storage activities in Commonwealth offshore areas. The States and the
Northern Territory have the option to confer their regulatory powers in their coastal waters
onto these regulators.
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24. Maritime Safety
COAG signed the intergovernmental agreement to establish the Australian Maritime Safety
Authority as the single national regulator for maritime safety in August 2011. COAG is
committed to the implementation of this important reform, which will establish a nationally
consistent approach to maritime safety standards and a single national maritime safety
regulator. On 9 November 2012 the Standing Council on Transport and Infrastructure
(SCOTI) agreed that the National Marine Safety regulatory arrangements will commence in
March 2013.
25. Wine Labelling
Wine labelling reforms have been delivered. All States and Territories have harmonised their
wine labelling requirements with effect from 1 July 2009. Australian wine
producers now have greater choice in how they meet labelling requirements for standard
sized wine containers destined for domestic and export markets. The Productivity
Commission’s Research Report on the Impacts of COAG Reforms: Business Regulation and
VET, released in May 2012, estimates that the realised and prospective benefits of this reform
are $29 million per year.
26. Directors’ Liability
The final milestone for Directors’ Liability reform requires all jurisdictions to develop a
legislative plan for the agreed reforms and to introduce legislation by December 2012.
27. Phase Two Consumer Credit reforms
The majority of the consumer credit reforms have been completed. However, Part Two of
the second phase of consumer credit reforms remains to be finalised. To enact legislation
giving effect to Part Two of Phase Two of this reform, the Commonwealth requires a referral
of power from the states and territories.
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