Guidance on Discussion Documents
As commented in the May 2007 edition of Regulatory Review, the new Regulatory Impact Analysis (RIA) regime puts greater emphasis on the need to undertake quality analysis throughout the policy process for regulatory proposals. This includes discussion documents for proposals that are likely to result in a regulatory intervention. For proposals to which the RIA requirements apply (or may apply) discussion documents must include questions and/or discussion of the substantive RIA elements (e.g. problems, what the range of feasible options is, impacts of those options) or they can include a draft RIS. The amount of detail/quantification needs to be sufficient for the stage of policy development. The development of the proposals also needs to comply with the Code of Good Regulatory Practice.
To encourage feedback from stakeholders that will contribute to the department's analysis, inclusion of questions in addition to the RIA elements or draft RIS is recommended. Appendix 2 of the Guidelines on the Regulatory Impact Analysis Requirements contains guidance on writing a good RIS for consultation purposes or a discussion document that complies with the substantive RIA elements.
For proposals that are likely to have a "significant impact on economic growth", departments are required to submit discussion documents to the RIAU for comment. The RIAU will advise on whether the design of the discussion document is likely to enable the department to do adequate RIA analysis. Generally the RIAU will need 10 working days to comment on discussion documents.
Inclusion of the RIA elements or a draft RIS in discussion documents ensures that the analysis of the problem, options and impacts of those options is discussed early in the policy development process and that stakeholders are consulted on the department's analysis.
From discussion documents seen to date by the RIAU it appears that the style and content has improved with the new RIA requirements and this should encourage stakeholders to engage in the policy development process. Some have included a reference to the discussion document containing the substantive RIA elements with an explanation of what that means and seeking feedback on the RIA. The Code of Good Regulatory Practice has also been referred to and included. These initiatives and this level of engagement is positive and contributes to more informed stakeholder feedback, assists with practical, robust, consultative and accountable policy making, and contributes to improving the quality of regulatory interventions.
Elizabeth McDonald
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