C2008-35 Risk-Based Compliance and Competition Test Assessment

Two tools, Risk-Based Compliance and Assessment Against the Competition Test, have been prepared to supplement the Guide to Better Regulation.

Every regulatory proposal submitted to Cabinet or the Executive Council must demonstrate application of the better regulation principles set out in the Guide. Under these requirements agencies are required to plan for implementation of the regulatory proposal using a risk-based approach to compliance.

Risk-Based Compliance provides a basic step-by-step guide to implementing a risk-based approach to compliance.

A risk-based approach enables compliance measures to be targeted to the areas where they are most needed and will prove most effective. This leads to improved regulatory outcomes, more efficient use of agency resources and lower compliance costs for business.

This tool should also be used by agencies to improve the efficiency and effectiveness of existing compliance programs which were not developed using risk analysis techniques.

The Guide also requires agencies to consider the impacts of a regulatory proposal on competition. Assessment Against the Competition Test provides more detailed information on when and how to conduct a competition test. The tool assists agencies to identify a competition restriction, assess the costs and benefits of the restriction and consider alternatives to the restriction. This information will assist agencies to determine whether a competition restriction is justified or not.

Risk-Based Compliance and Assessment Against the Competition Test can be found on the Better Regulation Office website at www.betterregulation.nsw.gov.au.

Robyn Kruk
Director General