GAP CONGRESS ON REGULATORY AFFAIRS “OPPORTUNITIES FOR BUSINESS” 25 ‐ 26 September 2008 Melbourne, Victoria GAP CONGRESS ON REGULATORY AFFAIRS “OPPORTUNITIES FOR BUSINESS” Melbourne, Australia 25 & 26 September 2008 For further information contact: Global Access Partners Pty Ltd 53 Balfour St, Chippendale, Sydney NSW Australia 2008 Phone +61 2 8383 2416 Fax +61 2 9319 5754 Website www.globalaccesspartners.org 2 TABLE OF CONTENTS Executive Summary 4 Partners & Sponsors 5 Keynote Speakers 6 Report of the Congress Proceedings 7 The Steering Committee 27 Participating Organisations 28 Appendices: Appendix 1 – Programme 29 Appendix 2 – Speakers’ Profiles 31 Appendix 3 – Sponsors’ Profiles 37 Appendix 4 – List of Delegates 45 DISCLAIMER: This Report represents a wide range of views and interests of the participating individuals and organisations. Statements made during discussions are the personal opinions of the speakers and do not necessarily reflect those of the organisers and sponsors of the Congress. 3 EXECUTIVE SUMMARY The GAP Congress on Regulatory Affairs, held Key points arising from the Congress included: at Parliament House of Victoria on 26 September Technological innovation and the dissolving of 2008, brought government, business and industry national boundaries in cyberspace render traditional experts together to discuss how companies can approaches to its regulation irrelevant. Despite the best adapt and respond to new regulation by problems this raises, technology offers great benefits embracing the commercial opportunities it in citizen‐centric service delivery which should not be provides. stymied by the hyping of privacy concerns not shared by the majority of citizens. The Congress, organised by Sydney‐based policy network Global Access Partners (GAP), ‘Cloud computing’ has the ability to revolutionise championed a forward thinking approach to how business computing, but requires safeguards and Australian businesses can use regulation to their incentives to promote its adoption. Web 2.0 social advantage. The need for government to networks and their ubiquitous adoption by rationalise overlapping and outdated regulation ‘Generation Y’ create new challenges for and examine the cumulative effect and cost of businesses in controlling the dissemination of new laws was also highlighted. sensitive information. The Australian Competition & Consumer Commission Prominent Australian and international keynote (ACCC) plays an important and wide‐ranging role in speakers outlined how a flexible regulatory Australian regulation and sees itself in the vanguard of environment and the active participation of promoting reform while safeguarding the public industry and citizenry in the pre‐legislative interest. However, telecommunications regulation consultation process can contribute to a stronger, requires radical reform to encourage the major more productive economy and a more informed investment necessary to modernise Australia’s and innovative society. inadequate broadband provision. Addressing the Congress at lunch, The Hon. ‘Responsive’ regulation, which seeks to deal with Lindsay Tanner MP, Minister for Finance and issues at a low level before they develop into Deregulation, said businesses should be in serious problems, should be employed to prevent "continuous conversation" with the government, crises which inevitably invite heavy‐handed over‐ via traditional consultation methods and emerging regulation. Self‐regulated standards can be used Web 2.0 technologies. He revealed the Australian as an effective alternative to ‘black letter’ Government's plans to launch an experimental legislation in many areas. blog on regulatory reform within two to three The experience of British Columbia demonstrates months (see page 18). that, when driven by political will and clear rules, regulatory reform can encourage investment and The centrepiece of the Congress was the economic activity by reducing the burden of ‘red presentation by Dr Ian Watt AO, Secretary of the tape’ on businesses and individuals. The “Second Department of Finance and Deregulation, on the Track” process has a useful role to play in fostering “Second Track” Process ‐ a new method of novel solutions to regulatory problems, and the government consultation through which current government is committed to a process of previously ad hoc mechanisms for informal continual regulatory reform with a view to increasing stakeholder engagement may become part of the economic efficiency and national harmony. normal approach to policy development and regulation (see pages 8‐9). (for the full Report of the Congress’ proceedings, see pages 7‐26) 4 PARTNERS & SPONSORS The GAP Congress on Regulatory Affairs 2008 was The Congress was co‐sponsored by GAP’s partners coordinated by Global Access Partners Pty Ltd – a whose role extends beyond the event through proactive and influential not‐for‐profit network membership in the Australian Government that initiates high level discussions on global Consultative Committee on Knowledge Capital issues, encouraging the sharing of knowledge, (AGCCKC). Established in 2003 by the Australian progress and policy change (see App. 3, page 40). Government Information Management Office GAP structures each initiative around the desired (former NOIE) in collaboration with GAP, the business outcomes of its partners and sponsors. AGCCKC operates as a forum for high‐level discussion to explore opportunities for the In the lead up to the Congress, GAP staged a strategic development of the Australian economy number of executive roundtables on the topic of in the area of knowledge economics. regulation and regulatory affairs, including the 2007 Forum on Victoria's National Innovation Our thanks go to the following organisations Agenda "Creating a Better Regulatory (listed in alphabetical order) for their contribution Environment for Innovation", the 2008 task and foresight: forces on “Regulating in Technology Rich • An Australian Government Initiative ‐ Environments” and “Urban Water Pricing” (in Standard Business Reporting association with the Allen Consulting Group) and the seminar “Open Government: Future Trends” • Citrix Systems (in association with Cisco). • Department of Innovation, Industry & Regional Development, Government of Victoria At the beginning of September 2008, Open • Department of the Premier & Cabinet, Forum (www.openforum.com.au) ‐ a web‐based Queensland Government collaborative think tank moderated by GAP ‐ launched an online discussion forum on • Symantec Australia “Regulation as a Business Opportunity and • Telstra Corporation Driver of Innovation” and published a number of blogs by the Congress speakers and delegates. (for more information on the sponsors and partners of the GAP Congress on Regulatory Affairs, see App. 3, Post‐Congress, Open Forum was chosen by the pages 37‐44) Hon. Lindsay Tanner MP, Minister for Finance and Deregulation, as a platform for his Better Regulation ‘live blog’ on 13‐17 October 2008. 5 KEYNOTE SPEAKERS The GAP Congress on Regulatory Affairs took place over two days (for a full programme, see App. 1, pages 29‐30). Day One included the opening dinner (25 September 2008, Sir Redmond Barry Room, Investment Centre Victoria), while Day Two consisted of two morning and two afternoon plenary sessions (26 September 2008, Legislative Assembly Chamber, Parliament House of Victoria) under the following headings: 'Cutting‐Edge Regulation': Regulating for innovation and business opportunities Australian regulation from a global perspective. Best practice regulation Australia's regulatory regime and its critics. The challenge of regulatory reform A Way Forward: Australia as a regulatory 'pacesetter' Each session began with thought provoking addresses from the keynote speakers and continued as a dialogue between delegates in a ‘think tank’ mode. The keynote speakers and session chairs of GAP Congress on Regulatory Affairs were (in alphabetical order): The Hon. Neil Batt AO Ms Jane Niall Executive Director Deputy Secretary, Policy & Coordination Australian Centre for Health Research Department of Innovation, Industry & Regional Development, Mr Alan Bennett Government of Victoria Industry Leader, Government & Defence EDS Australia & New Zealand The Hon. Victor Perton Director, A Regulatory Affair Mr Keith Besgrove Transport Accident Commission, Victoria First Assistant Secretary Telecommunications, Network Regulation & Australia Mr David Quilty Post Division, Department of Broadband, Group Managing Director, Public Policy & Communications & the Digital Economy Communications, Telstra Corporation Australian Government Mr Craig Scroggie Mr John Braithwaite Vice President & Managing Director Founder, Regulatory Institutions Network Symantec Australia & New Zealand Australian National University The Hon. Lindsay Tanner MP Mr Malcolm Crompton Minister for Finance & Deregulation Managing Director, Information Integrity Solutions Australian Government Mr Martin Duursma Mr John Tucker CTO Office Chair, Vice President Chief Executive Officer Advanced Products Group, Citrix Systems Standards Australia Mr Peter Fritz AM Mr Patrick Vidgen Group Managing Director, TCG Group Deputy Director‐General, Governance Managing Director, Global Access Partners Department of the Premier & Cabinet Queensland Government Ms Gail Greenwood Special Advisor, Standards & Regulations Dr Ian Watt AO TILMA, British Columbia Secretary, Department of Finance & Deregulation Australian Government Mr John Martin Commissioner, Australian Competition &