Re-energising regulation

Efficiently doing the hard work of preventing harm.

The problem facing a regulator in Australia is one of getting the work of regulation right. Just how exactly does a regulator diminish social, economic or environmental harms while simultaneously not unduly burdening or constraining individuals or companies.

Success demands that regulators satisfy a number of conditions.

The first is that regulation requires officers who have a detailed understanding of complex scientific, technical or financial matters—as well as understanding the work of regulation.

The second is that regulatory success can be compromised if a broader political, policy or legal framework is not right.

Third, regulators must be confident and credible as enforcers of the law. Without the promise and threat of regulatory action, the chances of success are much diminished.

Fourth, regulatory success is focused on outcomes and a regulator must adjust how they respond to maximise the chance of a positive outcome.

Fifth, the optimal regulatory intervention is realised by focusing on danger, damage and harm, which demands a risk-based approach.

Finally, regulatory decisions and actions must be defensible in law and justified by the danger, damage and harm that will be mitigated.

Experts in regulatory practice

The team of Ethos CRS comprises regulatory experts who have managed complex regulatory programs and led teams that were responsible for enforcing the law and ensuring positive regulatory outcomes. As regulators, they worked in senior roles to enhance competition, protect consumers, manage natural resources and protect the environment.

Re-energising regulation services

Ethos CRS assists regulators to:

  • define and adopt an optimal regulatory posture
  • establish the governance structure that ensures good regulatory decisions
  • adopt a risk-based approach
  • communicate and engage with regulated communities
  • minimise the compliance burden imposed on regulated communities
  • audit, benchmark and evaluate regulatory practice.
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