Regulation

Designing a regulatory framework to ensure that it is fit-for-purpose can be challenging. We are adept at identifying gaps and inadequacies associated with regulatory frameworks as well as advising on legislative and non-legislative options to address them.

We can assist with clarifying the problems and risks that are sought to be regulated under the framework and ensuring that the most effective regulatory mechanisms are employed to address them.

The effectiveness of even the best designed regulatory frameworks can be compromised if they have been poorly implemented. Poor implementation may result from various factors, including inadequate policies, procedures and training.

We can develop the range of documents required to effectively implement regulation, including policies, procedures and training materials and we have extensive experience in staff training.

Effective regulatory design and implementation will need to be informed by sounds skills in statutory interpretation and administrative law.

We have expertise in statutory interpretation, including in the context of complex, multi-faceted regulatory frameworks. We have also advised extensively on administrative law issues in relation to a range of regulatory frameworks across various sectors.

A regulatory framework can outlive its usefulness. Risks may evolve, incentives may change, and there may be a shift within government about whether and how to regulate risk. Over time, regulatory frameworks can also become unwieldy.

We can assist with evaluation, rationalisation and reform of regulatory frameworks to ensure that they remain fit-for-purpose. We advise and draft submissions on regulatory reform proposals.

Compliance and enforcement action may be taken by a regulator to encourage compliance, to deter non-compliance, or to sanction non-compliance. Strategic use of compliance and enforcement tools can maximise compliance in an efficient and effective manner.

We can assist with the design of compliance and enforcement strategies, including their implementation. We can also advise business on responses to compliance and enforcement action by a regulator.

As problems faced by society become increasingly complex, the value of engaging stakeholders in designing and implementing regulatory responses to those problems is becoming more obvious.

We can advise on the design and implementation of public engagement mechanisms in the context of regulation and regulatory processes. We can also advise stakeholders on how best they can engage in regulatory processes.

Complex regulatory frameworks can be difficult to interpret and apply. Webs of regulation may lead to ambiguity about whether a particular matter is regulated and, if so, the regulatory implications.

We can navigate complex regulatory frameworks and provide advice regarding how such frameworks should be interpreted and applied in practice.