Stage 4: Analysis

Value judgements are subjective decisions made by a person which deal with factors that cannot be measured objectively. They are usually influenced by a person’s social, political, religious and philosophical values.

Value judgements are not inherently negative or positive. They are a natural and necessary part of decision making.

Be aware of value judgements and how they may impact an impartial and unbiased analysis. Strive to objectively consider information during the review.

Consider forming guiding principles to provide a clear and transparent rationale for decision making and ensure recommendations align with the review objectives. The principles can help reviewers examine the issues, particularly if they are sensitive or complex.

Guiding principles can be developed from the review’s terms of reference, information gathered during research and stakeholder feedback.

Analyse all information gathered during research and consultation. Stakeholder views and research that are contrary to the majority or not aligned with the proposals of the review should still be considered.

Thorough consideration of differing viewpoints, and explanation as to why some views or proposals are not being adopted, strengthens the legitimacy of the findings and recommendations.

Findings are the conclusions formed after analysing all available evidence.

The quantity and nature of the information gathered during research and consultation determine the appropriate way to analyse the information. For example, a large volume of numerical survey data lends itself to statistical analysis whereas text based data requires qualitative thematic analysis.

When the available information has been considered and analysed, findings can be made and provide a basis for forming recommendations.

Recommendations should flow logically from the findings. They should be practical, measured and realistic in the eyes of the review’s stakeholders and receiving authority.

Recommendations should take into account the objectives of the legislation, application of the legislation in practice, impact of the legislation on stakeholders, and public interest. However, the recommendations should not specify wording of proposed amendments to the legislation.

If the recommendations require a large funding investment in an environment of strict budgetary constraints, it may not be realistic to implement them all at once and they could be prioritised for phased implementation.

If the recommendations call for a change to current practices it may be practical for the changes to be achieved through policy and processes rather than by amending or proposing new legislation.

In all cases, change management principles should be considered.

In the 2017 review of the Children and Community Service Act 2004, the Department of Communities used the following guiding principles to shape the review’s deliberations:

1. Legislation should be developed or amended only when there is no other appropriate way of responding to an issue after taking all relevant circumstances into account.
2. Recommendations for significant legislative change should be evidence based, with due consideration given to possible flow-on effects including unintended consequences.
3. Regard should be given to the principles of substantive equality in recognition of the differing impact legislation may have on certain groups in the community.
4. Child protection legislation should be sufficiently flexible to enable decisions to be made in the best interests of individual children.
5. Due consideration should be given to submissions from stakeholders recognising their efforts and particular areas of expertise.

In September 2020 the Department of Health reviewed the Tobacco Products Control Act 2006. The review included consultation with stakeholders.

A consultation report summarised the key themes and responses from stakeholder feedback. Many acknowledged the effectiveness of tobacco control legislation to date in reducing the availability of cigarettes and rate of smoking in WA. Some stakeholders reported that the current legislation was restrictive to personal freedoms, had a negative impact on retailers and led to perverse outcomes.

Publishing the report demonstrated that all stakeholder views were considered and would be addressed as part of the review process.