Reducing red tape in the APS

Executive summary

This report focuses on internal and whole-of-government regulatory and administrative requirements of the Australian Government. It sets out a principles-based framework for the review of existing requirements and for the scrutiny of proposals for new requirements, with a view to reducing red tape.

The report begins with an overview of the framework for design and review of requirements and a discussion of the main elements of the process. This is supported by a ‘Checklist for reduction of internal red tape’ (Appendix 2), to assist in implementing the framework.

The framework should be applied flexibly, taking into account the scale of requirements and time pressures, to ensure that it does not itself become red tape.

A framework for design and review (Chapter 2)

The framework involves the application of three high-level principles in designing and reviewing requirements. The principles are that requirements:

effectively address the issue of concern
are the most efficient option
have benefits that substantially exceed their costs.

The principles are applied through a four-stage process, as discussed in Chapters 3–6.

Stage 1: Design and analysis (Chapter 3)

Agencies should systematically and transparently define the issue of concern, identify options for addressing it, and assess the costs and benefits of the preferred option.

This report suggests a process for design and analysis, details fundamental questions to ask, and identifies factors to consider.

Stage 2: Stakeholder consultation (Chapter 4)

The systematic development of a requirement involves seeking the views of stakeholders who will be affected by it, including those who will have to meet the requirement.

Stakeholder consultation is likely to take on different forms, depending on whether the requirement is internal to an agency or has whole-of-government application.

Given the broad application of whole-of-government requirements, agencies should consult stakeholders about proposals for such requirements in all but exceptional circumstances. The more significant whole-of-government requirements should be subject to broad agency consultation.

Stage 3: Independent advice (Chapter 5)

Seeking advice from someone at arm’s length from the design phase enables an agency to obtain objective feedback and assurance about the design process, its adherence to the underlying principles and its completeness.

Arrangements to seek independent advice on proposals for internal and whole- of-government requirements are a matter for each agency to determine. However, proposals involving significant whole-of-government requirements could, as a general rule, be referred to a Deputy Secretaries Group (to be known as the Red Tape DSG) for independent feedback.

The views of the independent adviser should be considered before the proposed requirement is referred to the decision maker.

Stage 4: Decision-making (Chapter 6)

The final decision on whether to implement a requirement should take into account the analysis of the preferred option, stakeholder consultation and independent advice.

An important aspect of this framework is that decisions are made at a level appropriate to the requirement. Significant whole-of-government requirements warrant decision- making at least at Deputy Secretary level, unless there are legislative or other constraints.

Periodic review (Chapter 7)

Review of existing requirements is necessary to make sure they have not become redundant or inappropriate. This chapter proposes methods and time frames for reviews.

To promote timely review, agencies should implement a programme for review in line with the following time frames.

Table 1: Time frames for periodic review of requirements
Type of requirement	Review period
Internal	At least every 3–5 years
Whole-of-government	At least every 5–10 years or if not properly assessed before implementation, after the first year of operation

To keep the focus on reducing red tape, this report proposes that there be an opportunity for stakeholder agencies to seek review of whole-of-government requirements that they consider to be problematic or contentious. The proposal is that a review programme be agreed by Portfolio Secretaries annually, with the Red Tape DSG to perform an advisory role, subject to appropriate resourcing by government.

Opportunities for reducing red tape (Chapter 8)

A starting point in considering simplification of administrative requirements is legislative obligation and government policy. This chapter uses procurement and recruitment as two examples, highlighting the minimum requirements in those areas and identifying additional requirements that might be applied in particular circumstances.

However, additional processes should be justified, having regard to the related costs and benefits.

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