In August 2024, Australia published the newly developed Regulatory Policy, Practice and Performance Framework. The Framework provides six principles for fit-for-purpose regulation across the regulatory lifecycle. It complements new guidance on regulator performance published in December 2022, which sets out expectations through three best practice principles.
A series of changes to impact analysis guidance were made in March 2023. It included moving from regulatory impact analysis to policy impact analysis, and clarified the existing scope to any rule with an expectation of compliance with a more than minor impact on any group within the community. Ministries themselves now decide whether to undertake minor impact analysis where impacts are expected to be low, whereas previously this was mandatory. Third-party reviews are now only able to be certified as impact analysis equivalents with prior agreement of the Office of Impact Analysis (OIA). OIA itself still does not assess the quality of third-party reviews but may now comment on the quality of analysis included.
Updated guidance on consultation highlights that full public consultation should be the default. Notwithstanding the clarification, Australia would benefit from an increased focus on stakeholder engagement prior to a policy decision having been made, especially with regards to subordinate regulation.
Broad engagement and advancement of regulatory policy in Australia is led by the Regulatory Reform branches. It was transferred from the Department of the Prime Minister and Cabinet (PM&C) to the Department of Finance in July 2022.The OIA is located in PM&C and is responsible for providing advice, guidance, and oversight of impact assessments devised by agencies.
All primary laws/ ▲ Yes ■ Required ● Yes, there is a regulation and a policy
Major primary laws/ ● Yes, there is a regulation
Some primary laws/ ■ Not required but allowed ● Yes, there is a policy
Never/ ▲ No ■ Not allowed