Criteria for assessment of the scheme

In order to conduct a thorough review of the effectiveness of the regulatory scheme, mpconsulting developed criteria against which the scheme was assessed. The criteria are a series of questions that explore the extent to which: the scheme meets it objectives; and the legal framework for the scheme accords with the principles of good regulatory practice.

The following questions form the basis of our analysis:

1.Focussing on the objectives of the scheme

A. Are the policy objectives clear?
B. Is the scheme achieving its policy objectives?
C. Is the regulation assisting in the achievement of the policy objectives?

2.Focussing on the regulation

D. Are the regulatory requirements clear?
E. Is the regulation based on risk and is the regulatory effort appropriately matched to the risk?
F. Does the legislation strike an appropriate balance between principles and outcomes-based regulation and prescriptive regulation?
G. Does the regulation include any examples of inconsistencies, overlapping regulation, redundancies, excessive regulatory coverage or excessive reporting/recording requirements?
H. Are there transparent and consistent procedures for making decisions under the legislation and for making any delegated legislation?

3.Focussing on the administration of the regulation

I. Is the scheme being administered efficiently and effectively?

4.Focussing on specific areas of concern

J. Are there any particular areas of concern?

5.Overall

K. Does the regulation achieve the policy objectives in a manner that minimises the cost for government, business and the community?