Chapter 1 - Introduction

[1]        Journals of the Senate, No. 9–11 October 2016, pp. 290–291.

[2]        Journals of the Senate, No. 73–28 November 2017, p. 2314.

[3]        Parliament of Australia, 'Red Tape Committee', https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Red_Tape (accessed 30 November 2018).

[4]        Parliament of Australia, 'Policy and process to limit and reduce red tape', https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Red_Tape/Policyandprocess (accessed 30 November 2018).

[5]        Hon. Tony Abbott MHR, Leader of the Opposition, and Senator the Hon. Arthur Sinodinos AO, transcript of joint doorstop interview, 8 July 2013, p. 1, https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2F2579057%22 (accessed 30 November 2018).

[6]        Liberal Party of Australia, The Coalition's Deregulation Reform Discussion Paper, November 2012, p. 2, https://parlinfo.aph.gov.au/parlInfo/download/library/partypol/2019073/upload_binary/2019073.PDF;fileType=application%2Fpdf#search=%22library/partypol/2019073%22 (accessed 30 November 2018).

[7]        World Economic Forum, The Global Competitiveness Report, 2013–2014, Full Data Edition, 2013, pp. 15 and 111.

[8]        Hon. Josh Frydenberg MP, Parliamentary Secretary to the Prime Minister, 'The Abbott Government's Deregulation Agenda: Priorities and Strategies', speech, 28 October 2013, https://joshfrydenberg.com.au/latest-news/the-abbott-governments-deregulation-agenda-priorities-and-strategies/ (accessed 30 November 2018).

[9]        Hon. Josh Frydenberg MP, Parliamentary Secretary to the Prime Minister, 'The Abbott Government's Deregulation Agenda: Priorities and Strategies', speech, 28 October 2013.

[10]      Hon. Josh Frydenberg MP, Parliamentary Secretary to the Prime Minister, 'The Abbott Government's Deregulation Agenda: Priorities and Strategies', speech, 28 October 2013.

Chapter 2 - Key issues

[1]        Liberal Party of Australia, The Coalition's Deregulation Reform Discussion Paper, November 2012, Box 2, pp. 9–11.

[2]        Australian Chamber of Commerce and Industry, ACCI 2015, National Red Tape Survey, 2015, p. 5, https://www.australianchamber.com.au/publication_taxonomies/red-tape-survey/ (accessed 30 November 2018). Also see: pp. 7 and 14.

[3]        Peter Cully, Group Manager, Department of Jobs and Small Business, Committee Hansard, 2 November 2018, p. 6. Each department has its own regulatory reform unit (sometimes called a portfolio deregulation unit).

[4]        Matthew Lesh, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 11; Mark McKenzie, Chair, Council of Small Business Organisations of Australia, Committee Hansard, 2 November 2018, p. 23, who both noted the existence of independent or 'shadow' regulators operating outside established regulatory frameworks.

[5]        Australian Government, The Australian Government Annual Deregulation Report 2014, 2015, p. 19, https://docs.jobs.gov.au/system/files/doc/other/australian_government_annual_deregulation_report_2014.pdf (accessed 30 November 2018).

[6]        Australian Government, The Australian Government Annual Deregulation Report 2014, 2015, p. 24.

[7]        Institute of Public Affairs, Submission 5, p. 1.

[8]        Senate Select Committee on Red Tape, Effect of red tape on tobacco retail, National Retail Association, Submission 7, p. 1.

[9]        Institute of Public Affairs, Submission 5, Attachment 1, pp. 5–6.­

[10]      Institute of Public Affairs, Submission 5, p. 1; Matthew Lesh, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 11; Kurt Wallace, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 18.

[11]      Dr Craig Latham, Deputy, Australian Small Business and Family Enterprise Ombudsman, Committee Hansard, 2 November 2018, p. 17.

[12]      Mark McKenzie, Chair, Council of Small Business Organisations of Australia, Committee Hansard, 2 November 2018, p .18. Also see: Council of Small Business Organisations of Australia, Submission 8, p. 1.

[13]      Adam Carr, Chief Economist and Director, Economics and Industry Policy, Australian Chamber of Commerce and Industry, Committee Hansard, 2 November 2018, p. 2.

[14]      Mark McKenzie, Chair, Council of Small Business Organisations of Australia, Committee Hansard, 2 November 2018, p. 3. Also see: Dr Craig Latham, Deputy, Australian Small Business and Family Enterprise Ombudsman, Committee Hansard, 2 November 2018, p. 4.

[15]      Council of Small Business Organisations of Australia, Submission 8, pp. 1–2. Also see: Australian Chamber of Commerce and Industry, Submission 13, p. 1.

[16]      Hon. John Howard MP, Prime Minister of Australia, and the Hon. Peter Costello MP, Treasurer, 'Taskforce on Reducing the Regulatory Burden on Business', joint media release, 12 October 2005, http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=pressreleases/2005/087.htm&pageID=003&min=phc&Year=2005&DocType=0 (accessed 30 November 2018).

[17]      Regulation Taskforce, Rethinking Regulation, Report of the Taskforce on Reducing Regulatory Burdens on Business, January 2006, p. iii, https://www.pc.gov.au/research/supporting/regulation-taskforce/report/regulation-taskforce2.pdf (accessed 30 November 2018).

[18]      Senate Select Committee on Red Tape, Effect of red tape on private education, National Catholic Education Commission, Submission 9, p. 2. Also see: Queensland Tourism Industry Council, Submission 1, p. 2.

[19]      Senate Select Committee on Red Tape, Effect of red tape on the sale, supply and taxation of alcohol, Australian Hotels Association, Submission 8, p. 2.

[20]      Matthew Lesh, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 11. Also see: Ken Phillips, Executive Director, Self Employed Australia, Committee Hansard, 2 November 2018, p. 11.

[21]      Department of Jobs and Small Business, 'Reporting on the Deregulation Agenda', https://www.jobs.gov.au/reporting-deregulation-agenda (accessed 30 November 2018).

[22]      Hendy, P., 'Opinion: Spent rules have no place in an innovative nation', The Australian, 4 February 2016, p. 12. Mr Hendy stated that the major work in cleaning up the statute books had been completed.

[23]      Australian Government, Annual Regulatory Reform Report: 1 January 2016 – 30 June 2017, 2017, p. 10, https://docs.jobs.gov.au/system/files/doc/other/annual_regulatory_reform_report_1_january_2016-30_june_2017-final.pdf (accessed 30 November 2018). The second annual report is currently being compiled: Peter Cully, Group Manager, Department of Jobs and Small Business, Committee Hansard, 2 November 2018, p. 13.

[24]      Australian Government, Annual Regulatory Reform Report: 1 January 2016 – 30 June 2017, 2017, pp. 10–11.  Also see: Department of the Environment and Energy, 'One-Stop Shop for environmental approvals', http://www.environment.gov.au/epbc/one-stop-shop (accessed 30 November 2018).

[25]      Australian Chamber of Commerce and Industry, ACCI 2015, National Red Tape Survey, 2015, pp. 8–10. The survey also identified administrative areas of most concern.

[26]      Department of Jobs and Small Business, Submission 14, p. 2.

[27]      Matthew Lesh, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 2. Mr Lesh identified alternative options for measuring regulation and red tape reduction. Also see: Kurt Wallace, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, pp. 19–20.

[28]      Department of Jobs and Small Business, Submission 14, p. 2.

[29]      Peter Cully, Group Manager, Department of Jobs and Small Business, Committee Hansard, 2 November 2018, p. 7. Also see: pp. 5–6.s

[30]      Simon Duggan, First Assistant Secretary, Economic Division, Department of the Prime Minister and Cabinet, Committee Hansard, 2 November 2018, p. 10. Also see: Australian Government, The Australian Government Guide to Regulation, 2014, pp. 2 and 5, https://www.pmc.gov.au/resource-centre/regulation/australian-government-guide-regulation (accessed 30 November 2018).

[31]      Department of Jobs and Small Business, Submission 14, p. 2. The framework is based on recommendations formulated by the Organisation for Economic Co-operation and Development and the Productivity Commission.

[32]      Australian Government, Regulator Performance Framework, 2014, p. 4, https://docs.jobs.gov.au/system/files/doc/other/regulator_performance_framework.pdf (accessed 30 November 2018).

[33]      For practical examples, see: Narelle Luchetti, General Manager, Digital Economy and Business Simplification Branch, Department of Industry, Innovation and Science, Committee Hansard, 2 November 2018, pp. 15–16; Department of Finance, Submission 7, pp. 1–3.

[34]      Australian Government, Regulator Performance Framework, 2014, pp. 15–27.

[35]      Senate Select Committee on Red Tape, Effect of red tape on the pharmacy rules, Grattan Institute, Submission 6, p. 3. This concern is directly referable to Key Performance Indicators 2 (Communication with regulated entities is clear, targeted and effective) and 5 (Regulators are open and transparent in their dealings with regulated entities).

[36]      Mark McKenzie, Chair, Council of Small Business Organisations of Australia, Committee Hansard, 2 November 2018, p. 17.

[37]      Dr Craig Latham, Deputy, Australian Small Business and Family Enterprise Ombudsman, Committee Hansard, 2 November 2018, p. 17.

[38]      Victorian Chamber of Commerce and Industry, Submission 10, pp. 6–7. Victoria also has a Commissioner for Better Regulation: Victoria State Government, 'Commissioner for Better Regulation, Red Tape Commissioner', http://www.betterregulation.vic.gov.au/Home (accessed 30 November 2018).

[39]      Dr Craig Latham, Deputy, Australian Small Business and Family Enterprise Ombudsman, Committee Hansard, 2 November 2018, p. 7.

[40]      Mark McKenzie, Chair, Council of Small Business Organisations of Australia, Committee Hansard, 2 November 2018, p. 10.

[41]      For example: Adam Carr, Chief Economist and Director, Economics and Industry Policy, Australian Chamber of Commerce and Industry, Committee  Hansard, 2 November 2018, p. 19; Kurt Wallace, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 20.

[42]      Mark McKenzie, Chair, Council of Small Business Organisations of Australia, Committee Hansard, 2 November 2018, p. 20.

[43]      Ken Phillips, Executive Director, Self Employed Australia, Committee Hansard, 2 November 2018, p. 21.

[44]      Peter Cully, Group Manager, Department of Jobs and Small Business, Committee Hansard, 2 November 2018, p. 7.

[45]      Australian Government, Regulator Performance Framework, 2014, p. 8. This is complemented by a program of external reviews of a selected set of regulators every three years.

[46]      Department of Jobs and Small Business, Submission 14, p. 3. Also see: Rose Verspaandonk, Branch Manager, Small Business and Deregulation, Department of Jobs and Small Business, Committee Hansard, 2 November 2018, p. 16, who highlighted existing mechanisms to draw attention to perceived red tape issues.

[47]      Peter Cully, Group Manager, Department of Jobs and Small Business, Committee Hansard, 2 November 2018, p. 5. Also see: Peter Cully, Group Manager, Department of Jobs and Small Business, Committee Hansard, 2 November 2018, pp. 16–17.

[48]      Organisation for Economic Co-operation and Development (OECD), 'Regulatory Impact Analysis', http://www.oecd.org/regreform/regulatory-policy/ria.htm (accessed 30 November 2018). The OECD notes that all its members have found implementation of Regulatory Impact Analysis administratively and technically challenging.

[49]      Department of Prime Minister and Cabinet, 'Regulatory Burden Measurement', https://www.pmc.gov.au/regulation/regulatory-burden-measurement (accessed 30 November 2018).

[50]      Senate Select Committee on Red Tape, Effect of red tape on environmental assessment and approvals, Mineral Council of Australia, Submission 14, p. 7. Also see: Ken Phillips, Executive Director, Self Employed Australia, Committee Hansard, 2 November 2018, p. 9, who provided an example currently affecting the transcription industry.

[51]      Australian National Audit Office, Implementing the Deregulation Agenda: Cutting Red Tape, Across Entities, ANAO Report No. 29 2015–16 Performance Audit, 2016, p. 42 and Appendix 1, p. 46. The assessment was to be undertaken by the Productivity Commission or another equivalent body. Australia has improved its ranking in the World Economic Forum's Global Competitiveness Index, as well as the World Bank's Ease of Doing Business Index, since 2013–2014: World Economic Forum, Global Competitiveness Report 2018, 16 October 2018, pp. 75 and 77, https://www.weforum.org/reports/the-global-competitveness-report-2018 ; World Bank, 'Ease of doing business index', https://data.worldbank.org/indicator/IC.BUS.EASE.XQ?locations=AU (both accessed 30 November 2018).

[52]      Dr Craig Latham, Deputy, Australian Small Business and Family Enterprise Ombudsman, Committee Hansard, 2 November 2018, p. 8.

[53]      Simon Duggan, First Assistant Secretary, Economic Division, Department of the Prime Minister and Cabinet, Committee Hansard, 2 November 2018, p. 10.

[54]      Chris Toyne, Office of Best Practice Regulation, Department of the Prime Minister and Cabinet, Committee Hansard, 2 November 2018, p. 12. Also see: Department of the Prime Minister and Cabinet, Submission 2, p. 3. Also see: Simon Duggan, First Assistant Secretary, Economic Division, Department of the Prime Minister and Cabinet, Committee Hansard, 2 November 2018, p. 12.

[55]      Department of Prime Minister and Cabinet, Submission 2, p. 2.

[56]      Simon Duggan, First Assistant Secretary, Economic Division, Department of the Prime Minister and Cabinet, Committee Hansard, 2 November 2018, p. 22.

[57]      Chris Toyne, Office of Best Practice Regulation, Department of the Prime Minister and Cabinet, Committee Hansard, 2 November 2018, p. 12.

[58]      Kurt Wallace, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 4.

[59]      Mark McKenzie, Chair, Council of Small Business Organisations of Australia, Committee Hansard, 2 November 2018, p. 4. Also see: Ken Phillips, Executive Director, Self Employed Australia, Committee Hansard, 2 November 2018, pp. 3–4, who cited unfair contract laws as an example of good regulation that protects small business from large business.

[60]      Matthew Lesh, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 5.

[61]      Adam Carr, Chief Economist and Director, Economics and Industry Policy, Australian Chamber of Commerce and Industry, Committee Hansard, 2 November 2018, p. 4.

[62]      Mark McKenzie, Chair, Council of Small Business Organisations of Australia, Committee Hansard, 2 November 2018, p. 5. Also see: Dr Craig Latham, Deputy, Australian Small Business and Family Enterprise Ombudsman, Committee Hansard, 2 November 2018, p. 5, who advised that half of small businesses has to abandon disputes for access to justice reasons (for example, due to the cost of litigation).

[63]      Kurt Wallace, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 4.

[64]      Matthew Lesh, Research Fellow, Institute of Public Affairs, Committee Hansard, 2 November 2018, p. 2.

[65]      Mark McKenzie, Chair, Council of Small Business Organisations of Australia, Committee Hansard, 2 November 2018, p. 3.

[66]      Ken Phillips, Executive Director, Self Employed Australia, Committee Hansard, 2 November 2018, p. 2. Mr Phillips considered the pharmacy location rules an example of bad regulation as they 'give an artificial monopoly to a current existing player': p. 6.