Global Indicators of Regulatory Governance

Although ministries and regulatory agencies can publish draft legislation, or announce proposed legislation, it is not a requirement, and they would need the approval of the Prime Minister or Cabinet to do so for primary legislation.

https://www.legislation.gov.au/

https://treasury.gov.au/consultation/

While it is not a requirement, some primary laws and subordinate legislation are circulated to the public or may be provided to key stakeholders.

http://ris.dpmc.gov.au/

http://www.agriculture.gov.au/

http://www.tccs.act.gov.au/

https://www.pmc.gov.au/indigenous-affairs/land/indigenous-land-corporation-consultations

Comments may be requested by any combination of the above. This is decided by the consultation strategy of the individual consulting agency, and the significance of the policy change being considered.

For information about consultation as part of the RIA process, see pages 39-45 of: https://www.pmc.gov.au/sites/default/files/publications/Australian_Government_Guide_to_Regulation.pdf.

This is further supported by: https://www.pmc.gov.au/resource-centre/regulation/best-practice-consultation-guidance-note.

This is dependent on the consultation strategies as well as the stakeholder views around confidentiality of their input. For example, the Treasury website notes all information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless the contributor indicates that they would like all or part of their submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment. Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of a submission. (https://treasury.gov.au/consultation/c2017-t230052/)

Soliciting comments from the public is not a requirement for primary legislation. However, Section 3 of the Legislation Act of 2003 encourages rule-makers to undertake appropriate consultation before making legislative instruments. The Simplified Outline of that Act requires rule-makers to undertake appropriate and reasonably practicable consultation. RIA is a government policy and not a law.

The result of the consultation process is discussed in the explanatory statements when tabled in the Parliament. They are also discussed in regulatory impact assessment as part of a Regulation Impact Statement (RIS). See pages 39 to 45 of the Australian Government Guide to Regulation. https://www.cuttingredtape.gov.au/handbook/australian-government-guide-regulation

Responses to consultation are also incorporated into the Regulation Impact Statement but it depends on each consultation strategy.

https://industry.gov.au/Innovation-and-Science-Australia/publications/Documents/Australia-2030-Stakeholder-Consultation-Report.pdf

https://www.nicnas.gov.au/reforms

RIAs are produced on major regulatory policies and all Cabinet proposals. They are overseen by the Office of Best Practice Regulation (OBPR).

A Regulation Impact Statement (RIS) is required for all Cabinet submissions and, if a decision is not submitted to the Cabinet, a regulation impact statement is still required where the policy proposal is likely to have a measurable impact on business, community organizations, and individuals. Preliminary assessments are conducted by policy agencies and assessed by the OBPR. RIA normally required if proposed changes are more than minor or machinery.

https://www.cuttingredtape.gov.au/handbook/australian-government-guide-regulation; https://www.pmc.gov.au/regulation/developing-regulation-impact-statement

http://ris.dpmc.gov.au/

The RIA is published when a decision on the regulation is announced and as part of the Explanatory Memorandum.

Policy agencies should consider alternative policies to justify their approach. See the Australian Government Guide to Regulation, Chapter 2 (pages 21 to 24) and Chapter 3 (pages 25 to 29).

https://www.legislation.gov.au/

Australian Government Gazettes

The different Australian Gazettes can be accessed online and hard copies can be ordered at The National Library of Australia (NLA). http://www.australia.gov.au/about-government/publications/australian-government-gazettes; https://copiesdirect.nla.gov.au

The Australian Government has a range of ex post review processes including built-in reviews, sunsetting which is subject to review and reviews by independent bodies (e.g., productivity commission). Australian Government agencies must undertake a post-implementation review (PIR) for all regulatory changes that have major impacts on the economy. PIRs must also be prepared when regulation has been introduced, removed, or significantly changed without a Regulation Impact Statement (RIS). This may be because an adequate RIS was not prepared for the final decision, or because the Prime Minister granted an exemption from the RIS requirements.

A PIR is required:

- within 5 years of implementing a regulatory change which has substantial or widespread impact on the economy; or

- within 2 years where an adequate RIA was required but not prepared or where a Prime Minister's exemption was granted.

A PIR may also be required within 2 years if the Assistant Minister for Regulatory Reform and the Minister responsible for the relevant policy area agree that the RIA which informed the final decision to regulate sufficiently diverged from best practice.

For primary legislation: Sec. 3(f) of The Legislation Act of 2003.