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Consultation and better regulation, Gary Banks

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Presentation by Gary Banks, Chair, OECD Regulatory Policy Committee, and Dean ANZSOG, Australia and New Zealand School of Government, at the 6th Expert Meeting on Measuring Regulatory Performance: …

Presentation by Gary Banks, Chair, OECD Regulatory Policy Committee, and Dean ANZSOG, Australia and New Zealand School of Government, at the 6th Expert Meeting on Measuring Regulatory Performance: Evaluating Stakeholder Engagement in Regulatory Policy, Opening, The Hague, 16-18 June 2014. Further information is available at http://www.oecd.org/gov/regulatory-policy/

Published in: Government & Nonprofit

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  • 1. Consultation and better regulation Prof Gary Banks Chair, OECD Regulatory Policy Committee, and Dean ANZSOG Conference on Transparency and Stakeholder Engagement in Regulatory Policy, The Hague, 16 June 2014
  • 2. “Adhere to principles of open government, including transparency and participation in the regulatory process …” 22 Recommendation 2 of the OECD Council
  • 3. Why consult/engage? • Technical reasons −To understand the regulatory problem −To devise the best solution • Political reasons −To promote public awareness of the problem −To build support (trust) for the regulatory solution 3
  • 4. When to consult? • Across the whole ‘regulatory cycle’: −‘problem diagnosis’ −‘options evaluation’ −‘prescription’ −‘ex post review’ 4
  • 5. Who to consult? • Need interpret ‘stakeholders’ widely − Not just those with most at stake • Target those who will bear the costs of regulation, as well as those benefitting 5
  • 6. • Goal: to optimise the technical and political benefits − Requires ‘real’ listening and learning − This takes time! • No single best way: need choose mechanisms and forums that are ‘fit for purpose’ How to consult? 6
  • 7. Three core design features of Australia’s ‘Productivity Commission’ • Independence −Government funded, but arm’s length from the Executive −underpinned by Act of Parliament (role, tenure) • Economy/community-wide perspective −‘to achieve higher living standards for the Australian Community’ • Transparency −public processes (submissions, draft reports) −published outputs 7
  • 8. Some Commission inquiries • Executive remuneration regulation • Private health insurance • Urban Land Planning and zoning • Water policy and regulation • Airport regulation • Retail sector regulation • Gambling regulation • Education workforce • Aged Care policy framework • Native vegetation regulation 8
  • 9. Steps in the Commission's Inquiry Process Reference from Cabinet  PC calls for submissions  Initial consultations and Issues Paper  First round of hearings or roundtables  Draft Report publicly released  Second round of submissions and hearings/roundtables  Final Report to Government (subsequently publicly released)  Cabinet submission by relevant Minister  Decision and implementation 9
  • 10. Evaluating consultation • As a ‘process’ − Did it tick the right boxes (RIS)? • What difference did it make? 10
  • 11. Consultation and better regulation Prof Gary Banks Chair, OECD Regulatory Policy Committee, and Dean, ANZSOG Conference on Transparency and Stakeholder Engagement in Regulatory Policy, The Hague, 16 June 2014