THE HON MARK DREYFLIS QC MP
CABINET SECRETARY
PARLIAMENTARY SECRETARY FOR CLIMATE CHANGE AND ENERGY EFFICIENCY

Reference no: 810/1179
Senator the Hon Penny Wong
Minister for Finance and Deregulation
Parliament House
CANBERRA ACT 2612
 
Dear Minister
 
I am writing in relation to the need to determine arrangements for the application of the 
Government’s Best Practice Regulation Guidelines to undertakings made by the 
Government in relation to the Australian Greens (the Greens) and to the Independent 
members of the House of Representatives (the Independents).
 
The Government agreed to changes to the arrangements applying to Regulation Impact 
Statements earlier this year . Those changes came into effect on 1 July 2010 and our 
current requirements are set out in the Best Practice Regulation Handbook, issued by the 
Office of Best Practice Regulation, within the Department of Finance and Deregulation.
 
The arrangements require the preparation of Regulation Impact Assessments (RIS) for 
regulatory proposals likely to have an impact on the business or not-for-profit sector but 
recognise the different nature of proposals arising from election commitments.
 
For election commitments:
 
• a RIS is required for election commitments that are likely to have an impact on 
    business or the not-for-profit sector, unless the impact is minor; and
 
• the RIS should focus on the impact of the commitment and the manner in which
    the commitment should be implemented — that is, the RIS does not need to revisit 
    the initial regulatory decision or examine alternative options to the commitment.
 
The Best Practice Regulation requirements currently do not envisage the particular 
undertakings made to the Greens and the Independents.  I consider that undertakings set 
out in The Australian Greens & The Australian Labour Party (The Parties) – Agreement; 
The Australian Labour Party & the Independent Member (Mr Tony Windsor and Mr Rob 
Oakeshott) (‘the Parties') - Agreement; and the Hon Julia Gillard & Mr Andrew Wilkie
 (‘the Parties’) - Agreement should be treated consistent with the arrangements which 
apply to election commitments, for the purposes of the RIS arrangements.
 
I request that you ask the Office of Best Practice Regulation to adjust the Best Practice 
Regulation requirements accordingly.

Yours sincerely

	 Authorised by:       Paul Schreier
                          First Assistant Secretary
                                      Industry, Infrastructure and
                                      Environment Division

Contact Officer:      Cathy Harrison 6271 5440

 

Telephone: (02) 6277 7111 • Parliament House, Canberra ACT 2600