The Regulator Performance Framework

In October 2014, the Government introduced the Framework to provide a common set of performance measures for increased accountability and greater transparency in the way regulators perform their role.

The Framework requires regulators to look at how they operate and the regulatory impact they create when administering regulation. It also helps to drive cultural change in regulators to encourage them to adopt appropriate regulatory risk-based approaches to their role.

The Framework applies to the following eight Health regulators:

• Australian Radiation Protection and Nuclear Safety Agency (ARPANSA)
• Australian Sports Anti-Doping Authority (ASADA)
• National Industrial Chemicals Notification and Assessment Scheme (NICNAS)
• Office of Health Protection (OHP)
• Hearing Services Program (HSP)
• Therapeutic Goods Administration (TGA)
• Ageing and Aged Care Group
• The Australian Aged Care Quality Agency (AACQA)

The Framework identifies six outcomes-based Key Performance Indicators (KPIs) to assess the performance of regulators:

KPI 1 – Regulators do not unnecessarily impede the efficient operation of regulated entities;
KPI 2 – Communication with regulated entities is clear, targeted, and effective;
KPI 3 – Actions undertaken by regulators are proportionate to the regulatory risk being managed;
KPI 4 – Compliance and monitoring approaches are streamlined and coordinated;
KPI 5 – Regulators are open and transparent in their dealings with regulated entities; and
KPI 6 – Regulators actively contribute to the continuous improvement of regulatory frameworks.

Evidence Metrics

Each Health regulator under the Regulator Performance Framework has developed output or activity-based evidence metrics against the KPIs. These are used to assess their performance in the annual self-assessments and the periodic external review processes. The evidence metrics for the Health regulators are available on the Health regulator evidence metrics page.

Annual self-assessments of regulatory performance

All Health regulators are required under the Framework to undertake annual self-assessments of their performance against their agreed evidence metrics. The results of self-assessments should be validated by approved stakeholder consultation mechanisms and certified by the regulators’ relevant Accountable Authorities under the PGPA Act.

The self-assessment reports of the Health regulators are published on the Annual self-assessments of regulatory performance page.

Further information about the Regulator Performance Framework can be found on the Department of Jobs and Small Business website.

Targeted external review of regulatory performance

External reviews of regulator performance against the RPF are conducted to confirm the validity of, and provide external accountability to, regulator self-assessments. A selection of regulators are subject to a targeted external review over a three year cycle. Not all participating Health regulators under the RPF have undergone a targeted external review.

Completed external review reports for Health regulators are published on the Targeted External Review of Regulatory Performance page.

Contact

Contact the Best Practice Regulation Section via email regreform@health.gov.au for more information about the Regulator Performance Framework.