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You can find the current article at its original source at http://www.theguardian.com/commentisfree/2014/mar/26/repeal-day-australia-red-tape
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Repeal day will free Australia from red tape | Repeal day will free Australia from red tape |
(5 months later) | |
Repeal day has come: the first in the nation’s parliamentary calendar. | Repeal day has come: the first in the nation’s parliamentary calendar. |
Over 10,000 regulations and acts are being removed from our statute books as the Abbott government begins the long and arduous task of cutting red and green tape. | |
This initiative has our parliamentary critics confused. | This initiative has our parliamentary critics confused. |
On the one-hand they are saying we are removing much needed protections, not unnecessary regulations, while on the other hand they are calling repeal day just a stunt, which merely eliminates thousands of decades old redundant regulations which have little impact on the real world. | |
Our critics can’t have it both ways. Either deregulation is real, or it is not. | Our critics can’t have it both ways. Either deregulation is real, or it is not. |
Previous governments have promised deregulation and failed to deliver, but this time the government is serious and the reforms are real – very real. | |
Our changes are having a positive effect right across a host of portfolios, including small business, aged care and the environment, to name but a few. | |
We want to see a paradigm shift in Australia’s approach to regulation, whereby new standards, new rules and new compliance burdens are never introduced as the default option by government, but only as a means of last resort and only after alternatives have been assessed and the cost of new regulation fully understood. | |
The Australian public service understands that we are starting afresh. | The Australian public service understands that we are starting afresh. |
They witnessed under the previous Labor government more than 80 examples of non-compliance with the regulatory impact statement (RIS) process. | |
They saw prime ministerial exemptions granted for some of Labor’s largest legislative items, including the carbon tax, the mining tax, changes to the fair work act and the NBN so they weren’t subject to a RIS. And they are fully-aware of the critical Borthwick-Milliner review, which was commissioned by the Labor government in 2012, and which subsequently found “a widespread lack of acceptance of and commitment by ministers and agencies” to the regulatory impact assessment process. | |
We are determined that this type of conduct remains a record of the past and not an indicator of the present or a guide to the future. | |
Our deregulation efforts going forward are focused on five key areas. | Our deregulation efforts going forward are focused on five key areas. |
First, tackling the volume of regulation, which is stifling innovation, investment and productivity. | First, tackling the volume of regulation, which is stifling innovation, investment and productivity. |
This is timely. A survey released yesterday by the Australian Chamber of Commerce and Industry found that 41% of respondents spent up to five hours per week complying with government imposed regulatory requirements and an amazing 77% of respondents believe that the regulations they are subject to “are unnecessarily complex.” Repeal day is a good-start in removing some of this unnecessary regulation. | |
Second, we are determined to reduce duplicative regulatory requirements that exist between federal and state agencies and also between different federal agencies. | |
One of the announcements made in conjunction with repeal day relates to the offshore petroleum approvals process. Our reforms will create a one-stop-shop for offshore petroleum activities in Commonwealth waters, with the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) now empowered to make determinations under the EPBC Act without also needing approval from a separate federal regulator. | |
It is important to note that this is not a watering down of standards, but simply the elimination of overlapping requirements. | It is important to note that this is not a watering down of standards, but simply the elimination of overlapping requirements. |
Third, we want to improve the quality of consultation between government and stakeholders before regulations are actually introduced. | |
Too often those most affected by regulation are presented with a fait accompli by government, rather than having their opinion genuinely sought and subsequently taken into account before the regulations are finalised. | |
Fourth, all new regulations must be subject to post-implementation reviews and there must be a greater use of sunset clauses. Too often, regulations stay on the statute books long after their use by date. If a review finds that a particular regulation is still required and is meeting its principal objective, it is more efficient to renew its operation rather than to simply leave it together with a whole lot of other regulations that may no longer be required on the statute books without mandatory review. | |
Fifth and finally, we must take a closer look at the role of the regulators. The way regulations are administered is in many ways just as important as the regulations themselves. In conjunction with repeal day, the government released a Productivity Commission report, which provides a framework for auditing the performance of the regulators. This information will be very important if we are to strengthen the performance of regulators and ensure the compliance burdens they impose on stakeholders get the balance right between risk and cost. | |
The first repeal day is an important date on the parliamentary calendar, but it is just the start. It is hoped the new deregulatory processes we put in place are not just a pathway to higher productivity but are taken-up by successive governments, whatever their political persuasion. | |
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