Regulatory review process

Purpose of regulatory review

Regulation is often necessary to achieve economic, social and environmental objectives. It includes any laws or other government endorsed rules where there is an expectation of compliance. However, poor regulation can stifle business and jobs, have other adverse social or environmental impacts, and might not even address the problem it was intended to solve.

Regulatory review is intended to improve the quality of regulation through a robust, transparent and evidence-based process to identify the option that effectively addresses the policy problem while benefiting society most.

Regulatory review framework

Queensland’s regulatory review framework is set out in the Queensland Government Guide to Better Regulation (guidelines).

The guidelines set out the regulatory impact analysis (RIA) framework which provides a systematic approach to investigate and analyse the nature of a policy problem, considers whether there is a case for government action, identifies feasible options to address the problem, and analyses the pros and cons of each option. The framework also considers how effectively a regulation is implemented.

Role of the Office of Best Practice Regulation

The Office of Best Practice Regulation (OBPR) supports agencies to assess regulatory impacts in accordance with the guidelines.

Regulatory impact analysis is required for all measures that seek to impose mandatory obligations on business and the community. The level of analysis required is proportionate to the significance of likely impacts.

The office works closely with government agencies, engaging them at the beginning of the regulatory review process, and offering guidance and support. This helps to ensure that advice to the government is robust, informed by relevant data and stakeholder evidence, and is proportionate to the expected impacts of the proposed regulation.

The OBPR also provides formal advice to agencies on the adequacy of analysis of regulatory proposals, which is incorporated in submissions to Cabinet and explanatory notes for Bills.

Regulatory Impact Analysis (RIA) — a tool to aid best practice policy development

Informed by consultation through all stages, the RIA framework is used to consider the likely impacts of regulation on businesses and the community and provide an objective and transparent basis for regulatory decision-making.

Key steps of regulatory review

The OBPR provides advice to agencies on:

  • whether regulatory proposals are excluded from further impact analysis. For example, these include minor amendments which have minimal impact or seek to reduce burdens
  • whether a regulatory proposal is likely to result in significant adverse impacts and requires further analysis – a Preliminary Impact Assessment (PIA) or Regulatory Impact Statement (RIS):
    • a PIA helps to determine whether further analysis and engagement with the community would improve the development of a regulatory proposal
    • a RIS helps to inform stakeholders of options to address a problem and allows them to comment and provide new evidence in support of various policy options
  • how to develop best practice RISs and assess the adequacy of consultation and decision RISs.

Government agencies incorporate OBPR’s advice into submissions to Cabinet and explanatory notes for Bills. Where a RIS has been completed and approved for publication, the OBPR letter of advice is published, along with the RIS.

Further information on exclusions, PIAs and RISs, and other aspects of regulatory review is available.

Lodge a Regulatory Impact Analysis assessment

Lodge a Preliminary Impact Assessment, OBPR-assessed exclusion request or a Regulatory Impact Statement online.

Training

Improve your regulatory analysis, and learn how to apply best practice policy principles in Queensland by undertaking training.

Last updated: 30 September 2021