The NSW Government has released the revised Guide to Better Regulation (the Guide) which is available on the Better Regulation Office website at www.betterregulation.nsw.gov.au.

The revised Guide to Better Regulation

The Guide is a key document to support the Governments commitment to cut red tape. The Guide outlines the requirements for best practice regulation making across Government, and assists agencies apply the seven better regulation principles to avoid the creation of red tape in new regulatory proposals and to reduce existing red tape as legislation is reviewed.

The requirements of the Guide commenced on 1 June 2008, and the Government committed to review the Guide after 12 months of operation. The purpose of the review was to ensure that objectives are being met, to improve and simplify the way the Governments gatekeeping requirements are being implemented and to respond to feedback on the Guide.

What is required?
The better regulation principles and the intent of the Guide remain unchanged. Agencies must demonstrate that all new and amending regulatory proposals submitted for consideration by Cabinet or the Executive Council meet the better regulation principles. A Better Regulation Statement is required for significant regulatory proposals and must be approved by the Minister for Regulatory Reform.

Key amendments in the revised Guide include:

• greater emphasis on the quantification of impacts and the inclusion of examples showing how impacts can be quantified in practice. This will assist with monitoring the Governments commitment to reduce red tape by $500 million by June 2011
• greater emphasis on the simplification, repeal, reform or consolidation of existing regulation
• clarification of regulatory proposals which are exempt from the requirements and of the relationship between gatekeeping and the Subordinate Legislation Act 1989
• additional information on preparing and submitting Better Regulation Statements
• replacement of the requirement for a letter to the Minister for Regulatory Reform for Executive Council proposals with any document which assesses compliance with the principles.

Publication
The revised Guide is available online through the Better Regulation Office website. Printed copies will be available. Other supplementary documents which may assist in the development of regulatory proposals are also available on the website. These include a Consultation Policy and guidance tools on Measuring the Costs of Regulation, Assessment Against the Competition Test and Risk-Based Compliance.

Further information
The Better Regulation Office is available to provide agencies with assistance and advice at any stage of regulatory development. Agencies working on significant regulatory proposals should consider approaching the Better Regulation Office early in the process to avoid delays in gaining approval. 

Nathan Rees
Premier