New Commonwealth Regulator Performance Guide from 1 July 2021

The Commonwealth of Australia has released a new guide to improve the performance, capability and culture of Commonwealth regulators. The Regulator Performance Guide adopts best practice principles:

  • continuous improvement and building trust

  • risk-based and data driven

  • collaboration and engagement.

The Regulator Performance Guide applies from 1 July 2021 (replacing the 2014 Regulator Performance Framework) and has a one-year transition period.  The Guide applies to Commonwealth entities which perform a regulatory function – e.g. administering, monitoring, promoting compliance with and enforcing regulation.  Entities which are accountable under the Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA Act) are also required to consider its applicability to their functions and reporting.

As referred to in earlier Australis Chambers’ Digital News:

1.       risk-based regulatory frameworks have been adopted increasingly and also been the subject of judicial scrutiny in Australia;

2.      leadership and strategic governance during the pandemic requires agile, effective risk management, including the need to monitor, review and communicate as well as to empower others through change management;

3.      the principles of effective Regulation in the Information Age in Australia “require that both regulatory frameworks and the implementation of regulation are proportionate, accountable, consistent, transparent, targeted and modifiable but also technology-aware and enhance comity”.

Dr Nigel Wilson is an Australian lawyer and regulatory specialist with 28 years’ experience.

Dr Nigel Wilson, Australis Chambers

LLB (Hons), BEc, BCL Oxford, Cybersecurity Harvard, PhD

wilson@australischambers.com    www.australischambers.com     0413 807 585

Liability limited by a scheme approved under the Professional Standards Legislation

Nigel Wilson