Reducing red tape 
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Last updated: 1 March 2007
Reducing red tape in the APS
Chapter 5. Independent advice
| Design and analysis |
| Stakeholder consultation |
| Stage 3: Independent advice |
| Decision-making |
Seeking advice from someone at arm’s length from the design and analysis stage is a good way to obtain objective feedback before the decision-making stage. Independent, objective advice can give assurance about the adequacy of considerations and assessments, and can help to identify aspects of the process that might not have been given enough attention.
The role of the independent adviser
The independent adviser should be provided with a summary of all viable options (identified via the Design and Analysis stage), together with the outcomes of the assessment substantiating the preferred option.
The independent adviser should examine this information and the outcomes of stakeholder consultation to:
- assess whether the preferred option meets the three underlying principles of the framework
- consider whether all potentially viable options have been explored
- consider whether consultation has been adequate
- assess whether the conclusions reached by the responsible area are reasonable
- provide advice on these and any other relevant matters.
Note: The role of the independent adviser is not to address the high-level policy, but rather to focus on whether the proposed requirement meets the principles of the framework.
Internal requirements
Arrangements for independent advice on proposals for internal requirements are ultimately a matter for individual agencies to determine. It will usually be sufficient for proposals to be considered by a senior manager of the agency who is at arm’s length from the design and analysis of the proposed requirement.
The senior manager should be given enough information to determine whether adequate consideration has been given to all relevant factors. This information should include the results of the analysis of the preferred option and the outcome of stakeholder consultations.
Whole-of-government requirements
There is value in seeking independent advice on proposals for whole-of-government requirements. It will help ensure that agencies receive objective feedback from a whole-of-government perspective regarding the completeness of their considerations, including a proposal’s adherence to the three underlying principles of the framework.
Agencies need to choose an adviser appropriate for the nature of the preferred requirement.
Where a new proposal involves a significant whole-of-government requirement and extensive formal consultation has not been undertaken at Chief Executive level, the agency should approach the Red Tape DSG for independent feedback.
This DSG would be chaired by Finance and comprise a small number of Deputy Secretaries from across the APS, based on a rolling membership. The primary purpose of the Red Tape DSG is to provide advice on significant whole-of-government proposals and to perform other functions as outlined in Chapter 7.
This level of consideration is appropriate, given the substantial administrative costs and changes to agency processes that could flow from implementation. It will help ensure that agencies receive objective feedback from a whole-of-government perspective regarding the completeness of their considerations, including a proposal’s adherence to the three underlying principles of the framework.
Where extensive consultation at the Chief Executive level has been undertaken, the use of the Red Tape DSG as a source of independent advice may still have merit, given its explicit focus on red tape.
The Red Tape DSG or other independent adviser would need to be given all relevant information, including the analysis of the preferred option and the outcome of stakeholder consultations.
Using independent advice
Ultimately, the responsibility for a requirement lies with the responsible agency, which must weigh the various factors in determining how to respond to independent advice. However, the views of the independent adviser should be considered before the matter is put to the decision maker. This is particularly important where the independent adviser considers that the cases for and against a proposed requirement need further consideration, or that the preferred option has not been adequately justified.
