Preparing a Compliance Report for the OBPR
- Australian Government Best Practice Regulation Requirements
- Council of Australian Governments (COAG) Best Practice Regulation Requirements
The Australian Government has established a regulation-making framework to improve the analysis applied to regulatory proposals and hence the quality of regulation.
A RIS is mandatory for all decisions made by the Australian Government and its agencies that are likely to have a regulatory impact on business or the not-for-profit sector, unless that impact is of a minor or machinery nature. This includes amendments to existing regulation.
The OBPR reports publicly on compliance with the Government's regulation review and reform requirements. Departments and agencies are required to assist the OBPR by providing relevant information. This reporting covers all key aspects of the Government's requirements, including the preparation of RISs and consultation processes.
Each six months, departments and agencies are required to provide the following information to the OBPR:
- A list of all new and amended regulations made, including whether an adequate RIS was prepared.
- For complex regulations, a report on whether they were tested with relevant business interests, including through exposure drafts.
- A list of all new and amended regulation granted ‘exceptional circumstances’ by the Prime Minister.
- A list of all post-implementation reviews undertaken.
- A list of all five-yearly reviews undertaken (beginning in 2012).
This information is required for all types of regulation, including Bills introduced to Parliament; legislative instruments and treaties tabled in Parliament; and non-legislative instruments (including quasi-regulation) made.
The OBPR provides departments and agencies with forms to assist with these reporting requirements.
Download the Australian Government compliance return form [ - 487 KB]
Under the COAG Best Practice Regulation guide endorsed by Heads of Government in 2007, COAG, Ministerial Councils and national standard setting bodies are required to prepare Regulatory Impact Statements (RISs) for all regulatory proposals which would encourage or force businesses or individuals to pursue their interests in ways they would not otherwise have done. The guide also instructs the OBPR to report on compliance with the requirements.
Each six months, secretariats for COAG, Ministerial Councils and national standard setting bodies are required to provide to the OBPR the following information:
- A list of all decisions made and the regulatory implications.
- Whether a consultation RIS was prepared for each matter decided.
- Whether a RIS was provided to COAG, the Ministerial Council, national standard-setting body or related body for its decision.
- Whether the decision RIS was made public.
Download the COAG compliance return form [ - 110 KB]
Contact for information on this page: OBPR contacts page