Regulatory policy in NSW

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Resources

Fit-for-purpose regulation protects consumers and communities while boosting productivity and living standards by promoting competition, innovation, and investment.

The NSW Government is committed to continuously improving its regulatory policy framework to enable evidence-based policy development and effective regulations.

This page provides resources to support and promote better regulation. Please email the Competition and Regulatory Policy team in NSW Treasury if you require further advice on:

  • policy design where regulation is an option

  • relevant guidelines

  • when to prepare a Better Regulation Statement (BRS) or Regulatory Impact Statement (RIS).

NSW Guide to Better Regulation

The NSW Guide to Better Regulation (the Guide) assists agencies in meeting the Better Regulation requirements set out in the Treasury Circular TC19-02.

It clarifies expectations for good regulatory practice and sets out how to apply the seven Better Regulation principles when designing and developing regulatory proposals.

Any Government bill, other than an appropriation bill for the ordinary annual services of the Government, must be accompanied by a Statement of Public Interest before proceeding in the Legislative Council. A quality Better Regulation Statement can be used to populate a Statement of Public Interest – the template is available here.

View the Guide
NSW Guide to Better Regulation Cover

Additional guidance material for policymakers

The following supplementary guidance documents may be useful when undertaking regulatory impact analysis:

 

Determining the Significance of a Regulatory Proposal

This document assists agencies to determine whether a proposal is a significant regulatory proposal. It should be read in conjunction with the NSW Guide to Better Regulation and considered in relation to exemptions under Schedule 3 (6) of the Subordinate Legislation Act 1989.
 

Assessing Regulatory Proposals Against the Competition Test

This document assists agencies to assess a regulatory proposal against the competition test described in the Competition Principles Agreement (1995).
 

Implementing Outcomes-based Regulation

This framework provides clear, practical guidance on implementing proportional, risk-based, and outcomes-focused regulation.
 

Measuring the Cost of Regulation

This document assists regulators to measure the costs of a regulatory proposal. It provides tools for agencies to determine whether a proposal will minimise costs and/or provide the greatest cost savings to the community.
 

Understanding Market Failures

This report assists regulators to identify whether there are market failures which require government intervention.
 

Designing and Reviewing Licences in NSW

This framework is an assessment tool to determine if licensing is a suitable regulatory response, and to evaluate whether there are likely to be significant gains from reforming existing licences.