Better Regulation – Frequently asked questions

Agencies are responsible for self-assessing whether their proposed regulatory change would have a significant adverse economic impact on any stakeholder, including government.

The agency self-assessment template is a tool to assist agencies to complete their assessment.

If your agency self-assessment finds that the regulatory proposal would not have a significant adverse economic impact, then assessment under the Better Regulation Program is not required. 

The Better Regulation Unit (BRU) is regularly asked if they consider whether the findings of these agency self-assessments are reasonable on the basis of the information provided.

The BRU welcomes the opportunity to respond to these queries as part of our informal role of providing advice and as a sounding board on regulatory development, which exists alongside our formal role of assessing a Consultation Regulatory Impact Statement (CRIS) and a Decision Regulatory Impact Statement (DRIS).

The agency self-assessment is signed off at the Executive Director level of the agency. 

Agencies are not obliged to provide the BRU with a copy of their agency self-assessment.

The agency self-assessment is retained by the agency.

If agencies wish to send a copy of the self-assessment to the BRU they may, however, there is no requirement under the Better Regulation Program to do so.

Regulatory proposals are likely to have a significant adverse economic impact on stakeholders (including government) if they are:

• new, unique or involve bespoke policy design
• likely to have complex effects on multiple parties or systems
• imposes high costs for government and or stakeholders
• controversial or could be contested
• likely to be high risk.

See the Agency Information Paper for determining economic significance.

• Agencies must prepare a CRIS. This involves preparing a consultation paper which may have up to 4 options, including the base case for stakeholder feedback and information that details the benefits, costs and risks associated with each option.
• The BRU reviews the draft CRIS before its release to stakeholders. The BRU will provide a Letter of Advice that confirms that Better Regulation Principles have been applied in the development of the CRIS.
• Following the consultation period, all stakeholder feedback is compiled and analysis undertaken by the agency. This information will form the basis of a DRIS. The DRIS is also reviewed by the BRU which will issue a Letter of Advice to the agency once the DRIS is finalised.

The BRU recognises the need for prompt feedback on a regulatory impact statement and will endeavour to provide feedback within 10 working days or earlier. 

The BRU can offer impartial, advice and feedback:

• on the processes used to engage with stakeholders
• review the draft CRIS and draft DRIS on key elements that would assist agencies to provide a clear, well-informed evidence-based Regulatory Impact Statement for their decision makers.

The BRU also offers tailored training for individuals new to policy or for those who wish to refresh their skills.

Early contact with the BRU is preferred to enable us adequate time to provide advice and assistance. 

The BRU can tailor information to suit your training needs on developing regulatory proposals. 

Contact the BRU for details betterregulation@treasury.wa.gov.au

Individual and group training programs which can be tailored to your requirements, provide an opportunity to consider and learn about the:

• Regulatory and non-regulatory options that might assist in addressing the specific problem
• Consultation processes that might be effective in reaching your stakeholders
• How to draft a comprehensive CRIS and a DRIS
• The process of the Better Regulation Program and completing the Cabinet submission.

The BRU offers training for staff of government agencies and is available to speak with consultants formally engaged or contracted to assist agencies working on a specific regulatory proposal. 

Contact the BRU for further details at betterregulation@treasury.wa.gov.au

Yes. Email the Better Regulation Unit at betterregulation@treasury.wa.gov.au provide us with your details and we will add you to our contact list.