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Cabinet Office

 

Cabinet Office Circulars

CO (99) 6

8 June 1999

 

POLICY FRAMEWORK FOR OCCUPATIONAL REGULATION

 

Summary of Key Points

 

Introduction

1
Cabinet agreed in 1998 to a package of polices put forward by an interdepartmental working group aimed at guiding the government's involvement in regulating occupations. The package includes:

  • a policy framework on occupational regulation by government;

  • the provision of examples of model legislation on occupational regulation as a resource for departments and agencies reviewing the occupations they regulate at present, or regulating new occupations;

  • a requirement that the Ministry of Commerce be consulted on all proposals relating to occupational regulation.

Further details of these measures are provided in this circular.


Policy Framework

2

The aim of regulating occupations is broadly to protect the public from the risks of an occupation being carried out incompetently or recklessly. The policy framework agreed to by Cabinet requires those proposing regulation to identify the risks posed by a particular occupation and the best means of dealing with them. The solution will vary according to the occupation being considered but it will not always involve intervention by the government or legislation.

3

A copy of the policy framework for occupational regulation agreed to by Cabinet is attached as Appendix 1. The framework:

  • identifies the circumstances where occupational regulation is required to achieve protection of the public;

  • defines methods of occupational regulation to fit particular situations;

  • lists the principles and processes for effective occupational regulation by statute.

4

Cabinet has agreed that all government departments and agencies should follow the principles contained in the policy framework in dealing with matters involved in regulating occupations. If it is proposed to adopt an alternative approach to that set out in the policy framework, then the reasons for this should be included in the proposal submitted to Cabinet.


Model Legislation

5

The Ministry of Commerce, working with the interdepartmental group on occupational regulation, has developed examples of legislative provisions for the different methods of regulating occupations as a resource document for departments. Copies of the resource document are available from the Ministry of Commerce on request.

6

Each method outlined in the examples of legislative provisions covers a minimum level of regulation necessary to ensure both a fair process and consumer protection. The provisions are intended to provide a guide rather than a fixed approach. Departments and agencies may need to have additional provisions or make other changes to customise the model to meet the needs of the particular occupation they regulate. The model draws on existing examples and it is possible that over time alternative approaches will be developed.


Requirement to Consult Ministry of Commerce

7

Cabinet has also agreed that the Ministry of Commerce should be consulted on all proposals going to Cabinet or Cabinet committees which involve regulating an occupation, reviewing the way in which an occupation is regulated or altering some aspect of the regulation of an occupation. The Ministry should be consulted on the proposal at an early stage before submissions are finalised.


Further Information

8

Ministers' offices and Chief Executives should ensure that:

  • all staff involved in regulating occupations or reviewing the way in which they are regulated, or proposing to change the regulation in some way are familiar with the advice in this circular and the policy framework on occupational regulation;

  • any submissions for Cabinet and Cabinet committees on occupational regulation demonstrate that the policy framework has been considered in the formulation of proposals put forward.

9

Copies of the policy framework are also available from the Ministry of Commerce in booklet form.

10

Enquiries about the requirements in this circular should be directed to:

Kay Switzer or Sara Whyte

Competition and Enterprise Branch
Ministry of Commerce
PO Box 1473
Wellington

 

Marie Shroff
Secretary of the Cabinet


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Appendix 1