Red Tape Unwrapped
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Issue 2

September Quarter 2009

Introduction

Welcome to the second edition of Red Tape UnWrap.  Its aim is to keep our stakeholders in business and the community informed of progress on initiatives to reduce red tape in NSW.

During the September quarter, progress was made in a number of areas:

  • Finalisation of our targeted review into gasfitting, gas appliances and gas installations
  • Submissions were received for two targeted reviews and final reports are being prepared
  • NSW Government agencies submitted their first reports on initiatives to cut red tape as input to BRO's annual report to be released later this month.

Updates on red tape reforms are described below.  As always, we welcome your feedback about red tape concerns.

Better Regulation Office


One-stop-shop for gas industry

Concerned consumers of gas appliances who are unsure about the safety and standard of their fittings can now turn to the Office of Fair Trading, as a result of a recently completed Better Regulation Office review.

Previously, consumers had to contact a different regulator for different gas issues, including LPG or natural gas, portable BBQs, gas heaters or the LPG tank in their car. Now, responsibility for licensing of gasfitters, and for setting standards for gasfitting work and gas appliances including autogas, will all be the responsibility of one regulator, the Office of Fair Trading. 

Targeted consultation was conducted with key NSW-based and national businesses. LPG Association President John Evans commended the initiative. The reforms will clarify the regulatory roles and responsibilities for gasfitting, gas installations and appliances and deliver consumers and industry a more effective and simplified approach to gas industry monitoring and enforcement.  The NSW Government will introduce the reforms to Parliament shortly.

For more information on the reforms, visit the Better Regulation Office Website.


Unnecessary licences now removed

Following the Better Regulation Office's review of occupational licensing, the Occupational Licensing Legislation Amendment (Regulatory Reform) Act 2009 commenced on 16 September 2009. Home building industry licences for the occupational categories of flooring, mechanical services (lift mechanic), building consultant (property inspector), and kit home supplier have now been abolished. Licensing for optical dispensers will be abolished on 1 July 2010.

Licensing for entertainment industry agents/managers and venue consultants will be removed once the current review of the Entertainment Industry Act 1989 is completed.

The removal of these licences will save NSW business $1 million a year and lower barriers to entry in these industries, creating new business opportunities.

For more information on this review, visit the Better Regulation Office Website.


Food Authority eats up red tape

The NSW Food Authority (now part of Industry and Investment NSW) has recently implemented reforms that will reduce duplication and save time and money for food businesses.

In August 2009, the NSW Food Authority reduced duplication for businesses by allowing approved commercially employed auditors to conduct food safety audits. This reform was the result of stakeholder feedback about the unnecessary costs and time involved in having more than one auditor conducting food safety audits. These changes will initially be rolled out in the vulnerable persons sector.

The NSW Food Authority also introduced BPay and internet payment options in July 2009. The new electronic collection facility aims to minimise the existing manual processes for tax invoice payment and allow businesses to access simple and convenient payment options.

The reforms are estimated to save approximately $1 million per annum for businesses in NSW.


A better Guide to Better Regulation

The Better Regulation Office is currently revising the Guide to Better Regulation.  The Guide outlines the requirements and processes that NSW agencies must follow when developing regulatory proposals in order to meet the Government's commitment to reduce red tape. 

The revised document is expected to be released in early October and will make it easier for agencies to understand and comply with the Government's expectations for sound regulatory practice.


Further changes to shop trading laws

In June 2008, the Government implemented recommendations made by the Better Regulation Office to improve regulation of shop trading hours to reduce confusion and complexity. Shops in NSW can now trade 24 hours a day, 7 days a week and on most public holidays, with the exception of Christmas Day, Boxing Day, Good Friday, Easter Sunday and the morning of ANZAC Day. Red tape reductions included clarification of the distinction between public holidays and non-trading days, removal of the need for ad hoc legislative changes each year, reduction of the number of non-trading days and simplified definitions.

Last month, the Government announced a policy decision to clarify its commitment to protect the 4 ½ non-trading days. The Government's changes will introduce a higher threshold for exemptions and make the application and decision-making process more stringent. The changes also limit the Director General's discretion, restrict applications to individual retailers and allow a range of interested parties to appeal an exemption. By introducing a presumption against the granting of exemptions, the changes will reduce uncertainty for business about the likely outcome of their applications.

Reduced scope to gain exemptions to trade on prohibited trading days will not be welcomed by larger shops.  However, the majority of reforms implemented from BRO's review remain, and continue to provide benefits for business of around $2 million a year.

For more information on any of these reviews, visit the Better Regulation Office Website.


Reviews on target for completion

The Better Regulation Office is currently working on three targeted reviews to cut red tape in specific industry sectors. Work on these reviews is progressing, with final reports being prepared for the Government's consideration:

  • The review into improving economic growth and competition through the planning system received 44 submissions from a wide variety of stakeholders including retailers, local councils, peak bodies and individuals. The Better Regulation Office and the Department of Planning have also met with a number of stakeholders who have provided valuable insights into ways that the planning system can improve opportunities for competition and investment.
  • The review into the accreditation scheme and other regulatory arrangements covering electricity distribution network connections is well underway. 20 submissions were received from distribution network service providers, accredited service providers, distribution network service customers and worker representatives. Meetings have also been held with a number of these stakeholders. Final recommendations are currently being developed.
  • The review of the Entertainment Industry Act 1989 will remove licensing requirements and improve protections for performers. 39 written submissions and a number of verbal responses were received from professional associations, performer bodies and other industry stakeholders.  A final report will be released shortly.

For more information on any of these reviews, visit the Better Regulation Office Website.


Gatekeeping for the September Quarter

During the September quarter, the Better Regulation Office reviewed 8 Better Regulation Statements or Regulatory Impact Statements, 34 Cabinet Minutes and 94 Executive Council Minutes.

The Better Regulation Office assesses all new and amending regulatory proposals against the better regulation principles to ensure they do not create unnecessary, duplicative and costly red tape and minimise existing red tape.

For further information visit the Better Regulation Office Website.


National Reforms

The NSW Better Regulation Office drives reforms that NSW signed up to in 2008 as part of COAG's commitment to deliver a Seamless National Economy.  The primary focus of these efforts is to reduce the level of unnecessary regulation and inconsistent regulation across jurisdictions, deliver agreed deregulation and competition priorities, and improve processes for regulation making and review.

The work program is managed by the Business Competition Working Group, chaired by Commonwealth Ministers Emerson and Tanner with jurisdictions represented by senior central agency officers.

For details on progress in implementing the reforms see the COAG website.


Did you know?

The first report on the Government's progress in achieving its $500 million target to cut red tape for business and the community by June 2011 will be made in the Better Regulation Office's Annual Update, to be released in late October 2009. Details will be available on the Better Regulation Office website.

Better Regulation Office 1 Farrer Place Sydney New South Wales 2000
Phone (02) 9228 5414 Fax (02) 9228 4408 Email betterregulation@dpc.nsw.gov.au
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