P oecd best Practice Principles for Regulatory Policy The Governance of Regulators


Relationship between the responsible minister, governing body and



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Relationship between the responsible minister, governing body and
CEO
Where a regulator has a separate governing body and chief executive, clearly defining the levels of decision making and their allocation between the body and the chief executive (or management levels) will be important.
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For example, distinctions can be drawn between broad policy frameworks, key decisions under the enabling legislation, criteria for deciding more routine regulatory matters and the implementation of higher level decisions. The role of the responsible minister with regard to the regulator should be clearly defined. The allocation of roles between these parties should be documented and readily available to all affected parties (Chartered Secretaries Australia, 2011; and Uhrig, 2003). Where there is a multi-member governing body, the CEO’s primary accountability should be to the governing body, in order to safeguard the accountability of the CEO and independence of the regulator. The CEO should be appointed by, or on the recommendation of, the governing body.

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