Better Regulation – Developing a regulatory proposal

Guidance and support for agencies on developing a regulatory proposal.
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Resources to assist agencies designing and developing regulatory proposals.

Developing a regulatory proposal

The Better Regulation Program guides the development, design and implementation of regulatory proposals in the Western Australian public sector.

Regulatory proposals involve new regulatory instruments or amendments to existing regulatory instruments. This includes legislation and regulation, and in some cases, quasi-regulations, such as codes.

Essential information on the Better Regulation Program and how it can be used to develop and design regulatory proposals is outlined in the Agency Information Paper.

Further information for agencies on important aspects of developing a regulatory proposal are provided in Guidance Notes.

  • Guidance Note 1: Consultation Considerations
  • Guidance Note 2: Preparing Consultation and Decision Regulatory Impact Statements

Agencies should also refer to guidance in the Cabinet Handbook, the Expenditure Review Committee Handbook and Parliamentary Counsel's Office Guidelines and Procedures. 

Regulatory Impact Assessment

The Better Regulation Program generally proceeds as follows:

  • Agency conducts a self-assessment of their proposal 
    • Assess whether it is likely to create significant adverse economic impact by using the Agency Self-assessment Template as a guide. 
    • This assessment should be signed off at the Executive Director level.
    • Consider whether an exclusion applies by checking the list in the Agency Information Paper.
    • If the agency self-assessment indicates that the proposal is likely to have a significant adverse economic impact on stakeholders, then it is good practice to meet with the Better Regulation Unit to discuss undertaking a full regulatory impact assessment and the development of a Consultation Regulatory Impact Statement and Decision Regulatory Impact Statement.
  • Consultation Regulatory Impact Statement (CRIS)
    • Define the problem.
    • Discuss non-regulatory and regulatory options.
    • Include analysis of options.
    • Provide to BRU for assessment and BRU will provide a Letter of Advice before the CRIS is published for stakeholder comment.
  • Decision Regulatory Impact Statement (DRIS)
    • Finalisation of the DRIS, which must recommend a preferred option and the supporting reasons.
    • Discussion of implementation and evaluation plans
    • Outline of review plans.
    • Provide the DRIS to BRU for assessment and BRU will provide a Letter of Advice.

Overview of the Better Regulation Principles

The Better Regulation Principles provide broad and high-level guidance on the fundamental outcomes to be achieved through regulation. They recognise that responsible regulation encompasses good design, proportionate compliance and enforcement measures, and a commitment to continuous review and improvement.

Consistent with the Principles, regulation should be designed to:

  1. support policy objectives and deliver maximum net benefits to the community;
  2. allow for risk based regulatory assessments and decision making focused on outcomes;
  3. provide clarity and certainty for affected parties, recognising that different groups may be affected differently;
  4. avoid duplication or conflict with other existing or proposed regulations; and
  5.  allow for well-considered, efficient and effective administration and enforcement arrangements.

Principles have also been developed to guide other regulatory activities, such as administration and management, and evaluation and review, which are usually best considered, even at a high level, during the design phase for regulatory proposals. The full suite of Better Regulation Principles is outlined in Agency Information Paper.
 

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