We are seeking your feedback

Step 1 involves updating our Compliance and Enforcement Policy to be more holistic on what council’s position on regulation is. To ensure you have a thorough understanding, some helpful information is below.

Council currently has a policy called the Compliance and Enforcement Policy.

The current policy is focused on enforcement – how council will respond to allegations of unlawful activity and provides guidance in that respect to staff and their regulatory duties under various procedures.

The current policy is good at providing council’s position on how it will respond to non-compliance and the roles and responsibilities of staff and Councillors.

The policy applies to compliance and enforcement under State legislation and council’s local laws.

The proposal is to update the current policy so it will include council’s overall position on regulation and not just how it responds to non-compliance. For example, if the policy were to state that council would take a risk-based approach to activities this would ensure that self-regulation/minimum standards could also be an option rather than an approval on every activity in our local laws. Regulating proportionate to risk would allow a reduction in red tape where appropriate which would benefit the community and council. This approach would also alleviate any obstacles for council to achieve objectives set out in its short, medium and long term strategic plans. With a clear policy position, we are ensuring our local laws are risk-based when they are reviewed.

Most of the current policy would remain unchanged and would still apply to regulation under all legislation and local laws.

Key concepts to consider if amending the policy are:

• Councils focus of regulation is to protecting health, safety, the environment and amenity while ensuring it is not inhibiting or deterring the achievement of social, environmental, and economic objectives set out in its strategic documents, for example Economic Development Strategy.
• Council’s realm of control for reducing red tape and applying a risk-based approach can be limited when it comes to activities that council is required to regulate under State Government legislation and it directs us to manage approvals and non-compliance in a certain way.
• Council will advocate to the State Government to reduce red tape and apply a risk-based approach to legislative requirements that council is required to regulate under State Acts.
• Council will apply a risk-based approach when creating or reviewing its local laws. This will involve understanding what activities or situations may need regulating and if they do require it, understanding the risks to determine the level of regulation, for example, self-regulation, minimum standards, a permit or licence.

In summary, making the policy more holistic provides a strategic policy position for council and how it undertakes regulation under all legislation and our local laws.

A risk-based approach means tailoring regulatory efforts and resources to the level of risk involved.

Instead of a 'one size fits all' approach, activities with higher risk will receive more attention and resources, with a more complex application process. Whereas lower risk activities are managed with less intensive measures.

Key benefits of a risk-based approach:

1. Resource optimisation: Council does not have infinite resources. By focusing on high-priority areas, local governments can allocate existing resources more efficiently, ensuring that efforts are directed where they are most needed.
2. Improved compliance: Clear and well-communicated regulations can enhance compliance among businesses and residents, leading to better overall outcomes.
3. Economic growth: Strategic regulations can create a more predictable and stable environment for businesses, encouraging investment and economic development.
4. Enhanced public trust: Transparent and fair regulatory practices can build trust between the government and the community, fostering a cooperative relationship.
5. Adaptability: A strategic approach allows for regulations to be updated and adjusted as needed, ensuring they remain relevant and effective in addressing emerging issues.
6. Risk management: By identifying and prioritising risks, local governments can proactively address potential problems, reducing the likelihood of crises and improving public safety.