On 17 April 2013 the Council of Australian Governments (COAG) Standing Council on Environment and Water (the Council) released a Consultation Regulation Impact Statement (RIS) on the management of chemical environmental risks. The Consultation RIS suggests that the regulatory framework surrounding the management of chemical environmental risks in Australia is incomplete and needs improvement to address unmanaged risks to the environment. In some circumstances, a realisation of these risks could result in loss of ecosystem function, contamination of water or soil, effects on human health, loss of amenity and costly remediation. In general, responsibilities for regulation are shared between jurisdictions. The Commonwealth undertakes most hazard and risk assessment at a national scale and the states and territories typically deal with on-ground risk management and control of use.
Published Impact Analyses
Official website for Published Impact Analyses for decisions announced by the Australian Government, Ministerial Forums and National Standard Setting Bodies.
On 21 March 2013, the Minister for Climate Change, Industry and Innovation announced the Australian Government’s response to the Climate Change Authority (CCA) review of the Renewable Energy Target (RET) scheme. The CCA is required by statute to review the RET scheme every two years having regard to a number of broad principles including economic efficiency, environmental effectiveness, equity and consistency. The final report from the first such review was released on 19 December 2012. The review considered the current operating environment for the RET scheme, which now includes the Carbon Pricing Mechanism. The review found that the RET scheme is complementary to the carbon price as a transitional measure while a carbon price is being established.
On 28 July 2009 the Minister for Finance and Deregulation announced reforms to the Australian Government Procurement Statement which included the requirement for all Government contractors in the textile, clothing and footwear industry to be accredited or be seeking accreditation with the Homeworker’s Code of Practice. A Regulation Impact Statement was not prepared for the joint proposal by the Department of Education, Employment and Workplace Relations and the Department of Finance and Deregulation for that decision. Consequently, a Post-implementation Review (PIR) was required to be undertaken in line with the Government’s best practice regulation process.
On 8 April 2013, the Civil Aviation Safety Authority (CASA) announced amendments to the Civil Aviation Order Part 48 to introduce new arrangements for management of flight crew fatigue based on the following 3 tier system:
Superannuation reporting standards require regulated superannuation funds to provide certain information to the Australian Prudential Regulation Authority (APRA). These reporting standards were previously updated in 2004. Since then, the superannuation industry has evolved significantly and become considerably larger and more complex. In particular, superannuation entities now have a greater number of products, investment options and sub-funds/sub-plans than were previously contemplated. In addition, the Australian Government’s 2012 ‘Stronger Super’ legislative reforms have given APRA greater data collection powers, coupled with greater obligations to publish industry data. APRA also released new prudential standards in November 2012, which apply to regulated superannuation funds.
On 22 March 2013, the Equipment Energy Efficiency Committee released a Consultation Regulation Impact Statement (RIS) which examines a proposal to mandate the inclusion of ‘smart appliance’ interfaces in air conditioners, pool pumps, water heaters and electric vehicle chargers. Along with other policy initiatives, this proposal aims to tackle the broader problem of peak electricity demand, and the significant network investment that is required to meet this (occasional) demand—investment that is passed onto consumers via electricity bills. More specifically, the mandatory option in the RIS proposes that certain household appliances which contribute to peak demand are fitted with a device—a demand response interface—that can be remotely controlled by an electricity provider.
On February 23 the Minister for Immigration and Citizenship announced changes to the temporary work (skilled) (subclass 457) visa sponsorship obligations. Further announcements were subsequently made. These measures seek to enhance the enforceability of worker protection reforms which came into effect on 14 September 2009. Since implementing the 2009 reforms, the Department for Immigration and Citizenship (DIAC) has been alerted to instances where subclass 457 sponsors may be circumventing the policy intent of these laws. These include instances where sponsored persons were not participating in their nominated occupation, program or activity, such as through engaging in certain on-hire or independent contracting arrangements.
On 8 March 2013, the Minister for Employment and Workplace Relations Bill Shorten, announced further reforms to the Fair Work Act following on from the recommendations of the Fair Work Act Review. These reforms relate to amendments to bargaining for greenfields agreements, right of entry provisions and allowing limited access to workplace determinations in certain circumstances where bargaining has become intractable. On 14 March 2013, the Prime Minister of Australia also announced amendments to the Fair Work Act which amend the modern awards objective so that the Fair Work Commission must consider the need to provide additional remuneration to certain employees.
On 21 May 2013, the Attorney-General Mark Dreyfus introduced changes to the Sex Discrimination Act to prohibit discrimination on the basis of sexual orientation, gender identity and intersex status. The changes also extend the existing ground of ‘marital status’ to ‘marital or relationship status’ to provide protection from discrimination for same-sex de facto couples. The proposed changes will provide greater consistency in coverage for protection against sexual orientation, gender identity and intersex status discrimination, and bridge gaps in existing Commonwealth legislation. The changes are also expected to lead to cultural change in Australia by sending a message regarding equality.
On 12 March 2013, the National Skills Standards Council released its position paper and consultation regulation impact statement (RIS) for its review of standards for the regulation of vocational education and training (VET) providers. The RIS examines amending the standards for VET providers to address problems in the sector that include inconsistent quality, lack of transparency and the need for greater flexibility. Some of the options for amending the standards for VET providers include having one national set of standards, increasing the minimum standards for providers and teachers, introducing licensing, publishing performance data and reducing regulatory burden on high performing providers. The consultation RIS was prepared by the Office of the National Skills Standards Council, and assessed as adequate by the Office of Best Practice Regulation.