Regulation and its review 1997-98
Annual report series
Regulation and its Review 1997-98 was released on 10 December 1998. The report forms part of the Commission's annual report series.
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The Productivity Commission today released Regulation and its Review 1997-98. This meets its obligation to report annually on compliance with the Commonwealth's new, best practice requirements for making regulations. A core element is the preparation of Regulation Impact Statements, to ensure regulatory action is well informed and achieves intended goals, while minimising any burden on business and the community. The Office of Regulation Review, within the Productivity Commission, is responsible for overseeing the requirements.
Gary Banks, the Productivity Commission's Chairman, said 'This is the first time that a comprehensive report on compliance with regulation review requirements has been published. Overall, given that 1997-98 was a transitional year, the results are encouraging. But there is also clearly room for improvement.'
Nearly all Bills that required a Regulation Impact Statement (RIS) had one attached when tabled in Parliament. However, less than half of such regulatory proposals had made use of a RIS at the earlier stage, when they were being actively considered by the decision maker.
RIS requirements also apply to subordinate legislation. treaties and quasi -regulation (such as codes of conduct). There are many different processes by which subordinate legislation and quasi-regulation are made and treaties have long lead times, so that it is difficult to monitor compliance. Nevertheless, it is apparent that there is substantial scope for improving compliance in these areas.
The report also analyses the Commonwealth's compliance with the national Legislation Review Program - a four year program reviewing all existing legislation which restricts competition or affects business. The Commission questions whether it will be feasible for this ambitious program to be completed by the Year 2000. Given the far-reaching consequences of some of the leaislation. however, it considers that the quality of review and reform efforts needs to take precedence over timeliness.
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