Summary of Australian Government’s Regulatory Impact Analysis Process
Below is a quick guide to the Australian Government’s regulatory impact analysis (RIA) process. The process depicted reflects the development of a proposal with regulatory impacts that will be relevant in many cases. Other, more complex cases, such as those with multiple decision-making stages, may require a modified process. In these cases you should contact the OBPR to discuss how the requirements should be applied. The Best Practice Regulation Handbook provides more detail. Links to specific sections of the Handbook are included below.
- 1. Annual Regulatory Plan
- 2. Notify the OBPR of the proposed regulation
- 3. Prepare RIS in discussion with OBPR
- 4. OBPR assesses adequacy of RIS
- 5. Provide RIS to decision maker
- 6. Publish the RIS
- 7. RIA compliance information published
Where a regulatory proposal involves COAG, a ministerial council, a national standard-setting body or a related body, the COAG best practice regulation guide should be used (COAG 2007). COAG requires a RIS for consultation and a RIS for the decision-making stage, which is made public. For more information, refer to the COAG regulation-making process.
Which regulatory assessment guidelines apply to my proposal, Australian Government or COAG?
1. Annual Regulatory Plan
To assist in effectively engaging with business and other stakeholders in developing regulation, each department or agency is required to develop an Annual Regulatory Plan in consultation with the OBPR. The Annual Regulatory Plan is published on the department’s or agency’s website in July each year to provide stakeholders with an early indication of potential regulatory change. For more information, refer to the Annual Regulatory Plans guidelines.
2. Notify the OBPR of the proposed regulation
Departments and agencies should consult with the OBPR early in the policy development process to ensure that the regulatory impact analysis requirements are met.
Based on the information provided, the OBPR assesses if a Regulation Impact Statement (RIS) is required.3. Prepare RIS in discussion with OBPR
The OBPR provides support and advice about preparing RISs (including cost-benefit analysis). More information on preparing a RIS is provided in the Best Practice Regulation Handbook.
- Overview of preparing a RIS
- Advice on preparing a RIS
- Consultation
- Cost-benefit analysis
- Risk analysis
- Business Cost Calculator
4. OBPR assesses adequacy of RIS
Following certification by your departmental secretary or deputy secretary, or agency head or deputy head, the OBPR assesses the adequacy of the RIS.
5. Provide RIS to decision maker
The RIS is prepared to inform the decision making stage.
6. Publish the RIS
After a decision is made, the RIS will be published on the central online public register of RISs maintained by the OBPR, Best Practice Regulation Updates. Where a regulation is tabled in Parliament, the RIS must be included with the explanatory material.
7. RIA compliance information published
The OBPR reports its assessment when publishing the RIS on the Best Practice Regulation Updates website. In addition, the OBPR is required to report annually on overall compliance with the Government’s regulatory impact analysis and consultation requirements. The Best Practice Regulation Report is published around November each year.
Contact for information on this page: OBPR contacts page