Engaging Stakeholders under the Regulator Performance Framework

The Government’s Deregulation Agenda is now administered by the Department of Jobs and Small Business, due to the Administrative Arrangements Order introduced on December 20, 2017.

Previously the Deregulation Agenda (earlier known as the Regulatory Reform Agenda) was administered by the Department of the Prime Minister and Cabinet.

The Office of Best Practice Regulation (OBPR) which administers Regulatory Impact Analysis requirements remains within the Department of the Prime Minister and Cabinet.

This Australian Government Regulator Performance Framework isn’t just for regulators. It will benefit business and the community, including individuals. Please click below to download the summary document and find out more about what the Framework means for you.

Factsheet - What does the Framework mean for you?

If you are a business or peak body, you may interact with Commonwealth regulators frequently. This might include consultation on issues affecting your industry, or you may engage in activities that require some form of compliance. The RPF provides an opportunity for stakeholders to have a say in the way regulators assess how they administer regulation.

What will be measured?

Commonwealth regulators subject to the RPF are required to report how they are performing against six key performance indicators. The indicators cover issues like communication, risk-based and proportionate approaches, transparency, reducing regulatory burden, and continuous improvement. Regulators will need to design performance metrics to measure and assess their performance against the KPIs in the RPF over time.

How will the Regulator Performance Framework affect stakeholders?

You may be consulted by a regulator on the development of their performance metrics. This presents an opportunity for stakeholders to shape the way regulators intend to measure their performance. It will be important for regulators to identify performance metrics that are useful for stakeholders in their interactions, and provide the opportunity to highlight areas for continuous improvement.

How is performance measured?

Commonwealth regulators are required to self-assess their performance against the RPF annually. A number of regulators will be subject to an external review of their performance as part of a three year programme, and a small number of regulators may be subject to an annual external review. External reviews will be conducted by review panels of government and industry representatives to provide further accountability, and provide additional transparency for stakeholders and the community in general.

Can stakeholders participate in the review process?

Some stakeholders will be approached by regulators to participate in the review process by providing external validation of the regulator’s self-assessment results or on a review panel for an external review.

External validation is not intended to be an audit of the regulator’s self-assessment results.  Rather, this process provides additional assurance that the regulator has validly assessed their own performance.

It is intended that review panels for any external review of regulators will include a mix of expertise to provide an objective assessment of regulator performance. Representation may include a comparable regulator, representatives of the regulated community, government agencies and others as appropriate to the industry or individual regulator.