Commencing in 2008, the Government made substantial changes to workplace relations laws. These changes were implemented in the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 and the Fair Work Act 2009. Regulation Impact Statements (RIS) were required for the decisions to introduce the Fair Work Bill 2008 and the Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 but were not prepared. However, the then Prime Minister granted an exemption from the RIS requirements based on exceptional circumstances. As a result, a Post-implementation Review (PIR) was required to commence within one to two years of the implementation of the regulation, in line with the Government’s best practice regulation requirements.
Published Impact Analyses
Official website for Published Impact Analyses for decisions announced by the Australian Government, Ministerial Forums and National Standard Setting Bodies.
On 9 July 2012, the Private Health Insurance Administration Council (PHIAC) made the Private Health Insurance (Insurer Obligations) Amendment Rule 2012 (No.1) to establish minimum best practice requirements for outsourcing arrangements for registered private health insurers. Outsourcing is common practice in the private health insurance industry with significant functions being performed by third parties and entities within insurers’ corporate groups. This can create problems including posing a risk to consumers if their private health insurer enters into a risky outsourcing arrangement. The new outsourcing requirements sets out the arrangements that private health insurers will need to comply with in relation to the selection, engagement and monitoring of outsourcing and the associated risk management practices.
On 16 July 2012, the Australian Securities and Investments Commission (ASIC) announced new suspicious activity reporting requirements which will apply to the Australian Securities Exchange (ASX) and Chi-X Markets. This measure is due to commence from 1 November 2012 but ASIC will waive the obligation to comply until 20 January 2013 to assist with industry adaptation. The suspicious activity reporting obligation will require participants of the ASX and Chi-X markets to notify ASIC when they become aware, in the course of their business activities and in the course of complying with existing obligations, of certain suspicious trading activity.
On 16 July 2012, the Australian Securities and Investments Commission (ASIC) announced new short sale tagging requirements which will apply to the Australian Securities Exchange (ASX) and Chi-X Markets. This measure is due to commence from 1 March 2014. Short selling is an activity where a person enters into an agreement to sell a security that the person does not currently own. The most common reason for engaging in short selling is the investor believes that the security is over-valued and its price is likely to decline in the future. Short selling is also a method of reducing and/or managing risk. The short sale tagging obligation will require market participants to specify, at the time an order is placed, the quantity of a sell order that is a short sale.
On 5 July 2012, a COAG Consultation Regulation Impact Statement (RIS) was released on the proposed Electronic Conveyancing National Law that will facilitate the implementation of National Electronic Conveyancing. The Consultation RIS considers various options for the introduction of national laws to facilitate National Electronic Conveyancing. Currently, the majority of jurisdictions require that transactions with land (real property) occur via a paper based system, with paper documents required to be registered to confirm the transaction. Some electronic lodgment can occur but is not widespread or consistent between jurisdictions.
On 25 May 2012, the Minister for Home Affairs and Minister for Justice Jason Clare announced a package of measures to combat organised crime and strengthen security on the waterfront. The measures will impose new obligations on applicants for and holders of Maritime Security Identification Cards or Aviation Security Identification Cards, on stevedores, and on customs depots, warehouses and brokers who use the Integrated Cargo System. The Government will consult with businesses on implementing the measures. A Regulation Impact Statement was required for this decision because the regulatory impacts on business are likely to be more than minor.
The Office of Best Practice Regulation (OBPR) has the role of promoting effective and efficient regulation by the Australian Government and the Council of Australian Governments. The OBPR has commenced the use of Twitter as a new communication tool to aid it in performing this role. The OBPR is required as part of its charter to “monitor regulatory reform developments in the states and territories, and in other countries, in order to assess their relevance to Australia”. As Twitter is increasingly adopted as an official communication medium by governments and regulatory agencies around the world, it will also be important for the OBPR to have a presence on Twitter as part of fulfiling this aspect of its charter into the future. The OBPR sees promoting a constructive dialogue around the economic issues relating to the challenges of regulatory reform as one aspect to helping ensure that Australia’s regulatory framework remains a best‑practice example for other countries to follow.
On 11 July 2012, the Australian Communications and Media Authority (ACMA) agreed to register a new Telecommunications Consumer Protection Code. This code was developed by the telecommunications industry and endorsed by ACMA. The existing Telecommunications Consumer Protections Code was developed in 2007 and no longer provides adequate consumer safeguards. This has contributed to a large increase in consumer complaints. The new Telecommunications Consumer Protections Code introduces provisions for suppliers to provide critical information and improved expenditure management tools for consumers. It also requires improvements in industry advertising, complaints-handling and credit management practices. A Regulation Impact Statement was prepared by ACMA and has been assessed as adequate by the Office of Best Practice Regulation.
On 8 June 2012, the Australian Building Codes Board (ABCB) released a Council of Australian Governments (COAG) Consultation Regulation Impact Statement (RIS). The Consultation RIS examines a proposal to address the risk of floods to new residential buildings by amending the National Construction Code. Currently there are no specific provisions for new residential buildings in flood hazard areas in the National Construction Code as these risks are currently managed by local government planning officials under State or Territory legislation. This COAG RIS for consultation was prepared by the ABCB and assessed as adequate by the Office of Best Practice Regulation. The ABCB invites comments by 17 August 2012.
On 15 July 2012, the COAG National Licensing Taskforce released a COAG Consultation Regulation Impact Statement (RIS). The Consultation RIS examines the impact of replacing the current diverse state and territory licensing of the electrical occupational area with a proposed national licensing approach. It also examines an automatic mutual recognition option. The Consultation RIS seeks feedback on the scope and scale of the proposed changes, examples of the impact on licensees and businesses, on the durability of reform, and on the merits of reform under the different options for promoting a seamless national approach to licensing of electrical occupations.