Annex D. Basic questionnaire of the analysis to define the preparation or expansion of RIA in Australia

1. What is the policy problem you are trying to solve?

  • Clearly identify and define the problem you are trying to solve.

  • Demonstrate why it is a problem: are there risks or other dangers to be mitigated?

  • Offer evidence about the magnitude of the problem and the costs of not doing anything.

  • Describe the businesses, community organisations or individuals affected by the problem.

  • Identify if there is any existing legislation which is not being enforced. Explain which, if any, current government measures have sought to address this problem.

  • Establish why those measures are not working.

2. Why is government action needed?

  • Clearly identify why there is a legitimate reason for government to intervene.

  • Demonstrate that government has the capacity to intervene successfully. Identify alternatives to government action.

  • Clearly identify what objectives, outcomes, goals or targets you are aiming for.

  • Identify the constraints or barriers to achieving your goal.

  • Ensure your objectives are:

    • specific

    • measurable

    • accountable

    • realistic

    • timely

3. What policy options are you considering?

  • Identify a range of genuine and viable alternative policy options.

  • Ensure any of your live options can achieve your stated policy objectives.

  • Give the decision maker confidence you have identified all of the available options open to you or any other portfolio of government.

  • Identify the context for the options considered (for example, the policy may be an election commitment).

4. What is the likely net benefit of each option?

  • Identify who is likely to be affected by each regulatory option and assess, where significant, the economic, competition, social, environmental or other costs and benefits as well as how those costs and benefits are likely to be distributed.

  • Where relevant, quantify both the benefits and costs (including regulatory costs) of your policy proposal and alternative options on businesses, community organisations, individuals, the broader community, the environment and Government to a level of detail commensurate with its impact.

  • Analyse qualitative impacts as well as quantitative impacts.

  • Provide information on applicable international standards and whether the policy proposal differs from or adopts those standards.

5. Who will you consult about these options and how will you consult them?

  • Explain the purpose and objectives of consultation.

  • Outline the plan for conducting consultation.

  • Outline the principal views of stakeholders.

  • Summarise the areas of agreement as well as areas of difference.

  • Describe how the proposal has been modified to take account of stakeholder views, or why dissenting views have not been adopted.

  • In the event your policy proposal is market sensitive, or if you believe open public consultation may compromise your policy analysis, you should discuss your consultation options with OBPR at the earliest opportunity

6. What is the best option among those you have considered?

  • Describe what you learned from consultation.

  • Indicate which of the identified options you are recommending.

  • Explain the decision making process and clearly outline any:

    • caveats or qualifications

    • assumptions

    • unresolved issues

    • weightings applied to evidence or arguments

7. How will you implement and assess your chosen option?

  • Discuss any implementation challenges you may face in this policy proposal.

  • Assess the implementation risks: their likelihood, consequences and management.

  • Outline transitional arrangements in moving from one policy to another.

  • Describe how the performance of your policy will be monitored and evaluated against its objectives, during and after implementation.

Source: (Commonwealth of Australia, 2020[1]).

Reference

[1] Commonwealth of Australia, D. (2020), The Australian Government Guide to Regulatory Impact Analysis, https://www.pmc.gov.au/sites/default/files/publications/australian-government-guide-to-regulatory-impact-analysis.pdf.

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