Episode 35: The best of Australian regulation, 2025

In this month’s Institute of Regulation podcast, Marcial Boo, Chair of the Institute of Regulation, speaks to Australian winners of awards for good regulation: Gerard Brody from the Essential Services Commission in Victoria and Atul Sharma from the Australian Environmental Protection Agency. Rebecca Billings, Chair of the National Regulators Community of Practice (NRCoP), introduces the awards and explains how NRCoP supports regulators across Australia and New Zealand in much the same way the IoR supports the regulatory profession in the UK. Gerard discusses how his regulator secured better energy deals for consumers through clear purpose, proactive engagement, and targeted enforcement. Atul explains how data‑driven approaches helped reduce illegal waste dumping through collaboration and practical guidance for businesses. The speakers highlight the importance of communication, stewardship, and designing regulatory systems that respond to real‑world harms. Looking ahead, they emphasise the need for agility, long‑term thinking, and learning across jurisdictions to support growth and share effective practice.

Keywords: regulatory excellence, consumer protection, data‑driven regulation, compliance and enforcement, regulatory stewardship

Transcript

01:18.42
Marcial
Welcome to the Regulation Podcast from the Institute of Regulation. My name is Marcial Boo, Chair of the Institute and a regulator myself.

01:27.13
Marcial
On this month's podcast, I'm delighted to welcome three guests who are all well positioned to talk about good regulation in practice, partly because two of them have won awards for their work.

01:38.36
Marcial
The awards were given in August 2025 by the National Regulators Community of Practice in Australia, known as NRCOP. The awards parallel those given for good regulation here in the UK by the Institute of Regulation.

01:50.65
Marcial
But before we showcase their work and hear about good regulation in practice in Australia, let me introduce them.

01:57.34
Marcial
First, Rebecca Bealings is the chair of NRCOP, a network facilitated by the Australia New Zealand School of Government, ANZOG, which brings together regulatory professionals from all levels of government sectors and professional backgrounds.

02:09.56
Marcial
In addition, Rebecca's commissioner of both the Essential Services Commission of Victoria and of South Australia, which regulate energy, water, transport and local government sectors. And she's a board member of the Australian Pesticides and Veterinary Medicines Authority. Welcome, Rebecca.

02:26.32
Rebecca
Hi, Marcial, and thanks for having me.

02:29.14
Marcial
Very, very welcome. Welcome also Gerard Brodie. Gerard's chaired the Essential Services Commission in Victoria since August 2024. He's a consumer rights lawyer by background and a former chief executive of the Consumer Action Law Centre and chair of the Consumers Federation of Australia.

02:46.06
Marcial
He was also a board member um for ombudsman organisations overseeing energy, water, telecoms and financial complaints.

02:53.10
Marcial
And Gerard's team at the ESC won the Innovation in Regulation Award, which we'll hear about shortly. Welcome to you too, Gerard.

03:01.80
Gerard Brody
Thanks very much for the invitation.

03:03.96
Marcial
Very welcome.

03:04.48
Marcial
And also here is Atul Sharma of the Environment Protection Authority, Victoria, Australia.

03:10.18
Marcial
Atul leads and manages the system for reporting and monitoring priority and hazardous waste movements across the state.

03:17.36
Marcial
Atul's passion for improving the waste industry to achieve sustainable outcomes led to him and his team winning the award for collaboration practice in regulation.

03:26.50
Marcial
It's great to have you here, too, Atul.

03:30.07
Atul Sharma
Hello everyone, and very happy to be here today.

03:33.11
Marcial
Thanks for joining us all. And welcome and well done to all of you. Now, I'm going to ask for your broader views on good regulation and regulatory challenges shortly. But first, I'd just like to hear about the genesis of these awards. Rebecca, tell us briefly about NRCOP and the awards that you've overseen. Oops.

00:40.41
Marcial
Well done to you all for winning these awards. Later, I'm going to ask for your broader views on good regulation and regulatory challenges. But first, I'd love to hear about the genesis of these awards. Rebecca, tell us briefly about NRCOP and the awards that you've overseen.

00:56.02
Marcial
And in addition to the two I've introduced, there were also awards for excellence and leadership, won by Sean Thomas of the Environmental Protection Agency, and a Rising Star Award, won by Rebecca Gleeson of the Information Commissioner's Office of Queensland.

01:11.77
Marcial
Rebecca, over to you.

01:14.50
Rebecca
Thanks, Marcial. So NRCOP is truly a grassroots organisation. It's grown from a small group of passionate regulators who attended a Malcolm Sparrow course in 2013. Today we have over 100 corporate members and 7,000 individual members across Australia's Commonwealth, state, territory and local governments.

01:41.53
Rebecca
and from all types of regulated sectors.

01:46.62
Rebecca
Our vision is for advanced regulatory excellence through collaboration, connection and professional growth. At our core, we are committed to promoting public value and delivering better citizen outcomes through better regulatory practice.

02:05.53
Rebecca
Our chapter members volunteer their time, and we are supported by our fabulous team in our host organisation, ANZOG. So, like the Institute of Regulation, NRCoP delivers a series of networking and professional development events throughout the year.

02:23.86
Rebecca
And we also have a foundational professional learning offering, the Professional Regulator, which is delivered by the Australian National University. The conference that we had in August this year was our biannual conference, and it's our flagship event.

02:41.91
Rebecca
And this time, it was the first time that we had the opportunity to celebrate good regulatory practice through our inaugural awards. As you noted, Marcial, we did model our awards on the Institute of Regulations Award Program.

02:52.75
Marcial
Thank you.

02:57.94
Rebecca
However, we have added an additional award, Excellence in Leadership.

03:04.99
Rebecca
Recognising good regulatory practice is absolutely aligned with the NRCoP mission. The awards provided us with an opportunity to recognise those not only rising to today's challenges, but also shaping the future of regulatory excellence.

03:24.18
Rebecca
So as you noted, we have two award recipients on the podcast today, and please indulge me for a few moments to share a bit about Sean Thomas and Rebecca Gleason's awards.

03:36.09
Marcial
Go for it, yeah.

03:37.69
Rebecca
Dr. Sean Thomas from the South Australian Environment Protection Authority won the Excellence in Leadership Award for his leadership in developing and implementing the PFAS National Environmental Plan.

03:52.12
Rebecca
on behalf of the heads of EPA across Australia and New Zealand. Sean's contributions, which span nearly a decade, have not only advanced regulatory practice but have also delivered tangible benefits for communities.

04:10.23
Rebecca
His work has helped shape set at shape and set a national benchmark for PFAS management, and he continues to shape a safer, more sustainable future for all Australians.

04:25.50
Rebecca
Moving on to our rising star, Rebecca Gleeson from the Queensland Office for the Information Commissioner. Rebecca combines technical excellence with genuine leadership and innovation, not only in her day job, but also as a key member of the Queensland chapter for NRCOP, where she was responsible for organising an event on regulation and behaviour change.

04:50.71
Rebecca
It was attended by over 90 people and was the largest event in the Queensland chapter's history. Rebecca's nomination states that she demonstrates exceptional regulatory leadership through innovative thinking, community building, and a committed focus on outcomes that serve the public interest.

05:12.73
Marcial
Fantastic. Well, and thank you very much, Rebecca, for explaining the um the awards, NRCorp, and what the other two people have won. Let me come now to the two who are on the podcast. So Gerard, um, starting off with you, you and the Essential Services Commission won the Prize for Innovation in Regulation. So tell us what you did.

05:36.41
Gerard Brody
Thanks, Marciel. So the Essential Service Commission, for those that don't know us, we're the state's economic regulator and have oversight of electricity, gas, water, local government and transport.

05:49.16
Gerard Brody
But this award is related to our role in Victoria's energy consumer protections. And in 2020, new rules came in place, which introduced to ah called best offer messaging obligation.

06:04.76
Gerard Brody
um

06:05.14
Marcial
Best offer. So let's just go to that. Best offer messaging obligation. So that sounds like a regulation to me. What did it do?

06:12.63
Gerard Brody
Yeah, the goal of the reforms was to make, I guess, choices more accessible and empower households to take control of their energy costs. So the obligations required energy retailers, and there are more than 20 electricity and more than 15 gas retailers active here in Victoria, to regularly inform customers whether they are on the retailer's best offer.

06:35.03
Gerard Brody
So the evidence showed that despite good offers being in the marketplace, it was difficult for customers to find them or to know if they were on a competitive offer. um So this requirement was a new message that should appear prominently on an electricity and gas bill.

06:50.46
Gerard Brody
um The communication included the potential savings figures, such as you could save $300 per year, and then clear steps on how customers can switch plans and compare office offers using the government's independent platform, the Victoria Energy Compare.

07:06.78
Gerard Brody
So at the commission, when these rules came in, we really engaged, you kno,w a range of mechanisms to promote compliance and improve regulatory outcomes.

07:06.90
Marcial
Okay.

07:16.18
Gerard Brody
And that included consumer outreach, talking directly to the public and through consumer organisations about these new obligations. There was also continuous engagement with industry stakeholders.

07:28.42
Gerard Brody
There was a release of a guideline designed to help retailers enhance the clarity and effectiveness of their best offer communications. And of course, we have also undertaken some enforcement action um to ensure compliance.

07:42.87
Gerard Brody
And since 2023, these efforts have led to penalties exceeding $15 million dollars actually across seven energy retailers for non-compliance. But we have overall seen some good outcomes for consumers.

07:55.63
Gerard Brody
So data from earlier this year shows that nearly 40% of Victorian households were now on their retailer's best offer. um And that's an increase from prior when the policy came into coming into being.

08:09.73
Marcial
That's fantastic. So what I'm hearing is that you had the task of making sure that the consumers of energy services had the best possible deal, in line with the regulations that were passed. And you worked with the industry, but also with consumers, to make sure that people knew about these rules and that they were applied in practice.

08:26.84
Gerard Brody
Yeah, that's right. And the success of the Initiative of Victoria actually went national. So the Australian Energy Regulator, which oversees the other states and territories, have adopted similar requirements. And since they've come into place, we've also engaged in ongoing innovation. We kind of don't want to just stop at 40% being on the best offer when we do have evidence from the data we collect and from consumer organisations that work with us that some of the more financially vulnerable or disengaged customers can be on poor offers. And so we've recently updated our rules. to require energy retailers to directly or automatically move customers onto their cheapest plan if they are in payment difficulty or have a debt for more than three months and owe more than $1,000. And we think that sort of obligation will um enhance the customers' ability to access the best offers.

09:19.69
Marcial
That's fantastic. It sounds really great, and I'm sure it will resonate with lots of other regulators where you're trying to balance the needs of different interests and interested groups, to achieve the right outcomes for the consumers and users of services. So it sounds great work. Thank you.

09:36.73
Marcial
Atul, let's come to you now. um You and your team at the Environmental Protection Agency won the Collaborative Practice Award. So tell us what you did to achieve that.

09:46.89
Atul Sharma
Sure. Thank you, Marcia. So back in 2021, EPA Victoria launched an electronic system named Waste Tracker to monitor the movement of reportable priority waste across the state as well.

09:59.51
Atul Sharma
An example of reportable priority waste is waste tyres and asbestos clinical waste. Since its launch, we have found that the majority of the tyre transporters are not tracking the movement of the waste tyres.

10:13.46
Atul Sharma
That's a problem. especially when you consider pollution reports of illegal dumping have more than doubled over the last five years. And looking ahead, victorious waste generation is projected to increase by 44% over the period of the next 30 years.

10:29.53
Atul Sharma
So, two in order to tackle this problem, EPS started a data-driven compliance operation,which  consists of field inspections, education campaigns, and follow-ups.

10:40.12
Atul Sharma
And yes, it worked for us. We have seen an increase of increase in waste record completion. When we started the operation, the average completion of waste record was around 65%. And when we evaluated our operation, it went up to 97% when we done the operation.

11:00.41
Atul Sharma
Plus, the number of waste records went up by 75% compared to last financial year.

11:04.60
Marcial
Thank you.

11:06.89
Atul Sharma
And moreover, the biggest win we have seen, there is a decline in pollution reports of illegal dumping. To keep things on track, we use a range of data tools to monitor compliance as waste tracker compliance is an ongoing requirement every time the waste is moved.

11:23.99
Atul Sharma
This gives us a clear picture of the waste tyre movements and helps us decide where escalated enforcement action is required. I would say it's a great example of technology and regulation working together to resolve a complex problem such as waste tyres dumping.

11:42.82
Marcial
It's fantastic. It sounds really, really good work, Atoll. And congratulations to you and your team. So, you won the award for collaboration. So, just in a nutshell, just tell us who you collaborated with in order to win the award, in order to achieve the outcome. Actually, I mean, more than winning the award, it's to actually achieve the regulatory outcome.

12:04.90
Atul Sharma
That's a very great question. Thanks, Marcial. I think, first of all, collaboration at EPA Victoria has a value of connection. So the team collaborated within, like we have regional offices, so we collaborate.

12:16.77
Atul Sharma
We are a pretty big organisation. So we collaborated with internal stakeholder different regions. And we also collaborated with local councils so that we can get some intel on illegal dumping, and to collaborate more on that as well.

12:31.42
Marcial
Fantastic. Okay, thank you very much. That's a really good example. So we've heard now, too, in addition to the two other award winners that Rebecca, you mentioned earlier, we've heard examples about regulation in industry to protect consumers in the energy industry and the dumping of ties, as you say, at all. And in both examples, what I've heard is that you've needed to communicate well about the regulation and understand who you're communicating to as well, whether it's consumers, industry or councils.

13:03.06
Marcial
Data is another thing that's clearly important. Atul, you mentioned that very, very clearly. um And also the judicious use of enforcement action. I think you both talked about enforcement as a tool to help ensure that there is compliance. So, before I come back to you, Gerard and Atul, Rebecca, briefly, are those the themes that you saw when you were judging the awards, or were there others as well?

13:31.38
Rebecca
Yeah, thanks, Marcielle. I think those are definitely themes that we saw throughout the awards and also throughout the conference, and all the speakers that we had at the conference.

13:43.03
Rebecca
um For me, the real overarching theme is the theme of regulatory stewardship, which I am really passionate about. And I think that regulators who practice regulatory stewardship are going to achieve good outcomes. um For me, regulatory stewardship is at the heart of good regulatory practice. And I think that all of the award recipients demonstrated this.

14:11.26
Rebecca
ah For me, regulators who foster a culture of stewardship and focus on outcomes can do great things.

14:19.98
Marcial
That's fantastic. and so And the concept of regulatory stewardship, I think, is more common in Australia and New Zealand than it is in the UK. And so what you're talking about with regulatory stewardship is thinking about the long term and thinking about a system that the regulator is nurturing and overseeing to protect the interests of those involved in that system, whether they're the providers or the consumers.

14:42.18
Marcial
Is that right?

14:42.17
Rebecca
Yeah, absolutely. It's really a system-wide approach to thinking about regulation, thinking about a whole life cycle, and really being proactive in the way that we approach our regulatory functions.

14:57.08
Marcial
Fantastic. Okay, that's really good. And obviously, I completely endorse that, that wide vision of what regulation can do to protect as well as to improve.

15:07.77
Marcial
So coming back to you, then, Gerard and Atul, bearing in mind what Rebecca's just said about what good regulation looks like to her, Atul, let's start with you. um How would you describe what good regulation looks like in your own context in the environmental sector?

15:26.30
Atul Sharma
For me, good regulation is clear and outcome-focused. It's like enabling your enabling the duty holders to manage the waste properly while also protecting the environment.

15:38.17
Atul Sharma
And let me give you an example, Marcial. In our tyre operation, we actually gave six weeks to our duty holders to provide that support to comply and achieve compliance. We also provided a range of YouTube videos, as it is an electronic system, showing how they can use it. How can they fulfil their compliance requirement? And if they showed signs of behaviour change, the willingness to do the right thing, we supported them as well. And if they didn't, we were ready to take the next escalation action. So for me, good regulation is also providing that balance of support to comply and also being ready for the next action if they don't.

16:18.81
Marcial
Fantastic. Oh, my goodness. That's such a succinct summary of what good regulation looks like in practice. Thank you very much.

16:25.13
Atul Sharma
Yeah.

16:26.01
Marcial
Gerard, coming to you then. So, from your broader perspective on all the different roles that you've had, what does good regulation look like to you?

16:33.97
Gerard Brody
I'm not sure I can top that, Marcelle, but for me, I guess good regulation probably comes down to three things. um So first, and we've talked about it, it's that clarity of purpose, a clear understanding of why we intervene, whether that's to protect people, to make markets work, um ensuring, as we tend to focus here at the Commission, that essential services deliver value for the long term.

16:55.54
Gerard Brody
But as part of that, it's also about designing the right incentives so that businesses are motivated to deliver those good outcomes.

16:56.16
Marcial
Thank you.

17:01.46
Gerard Brody
I think that's really important, not just to meet the minimum requirements. um The second aspect I would say is yeah really a focus on integrity, that we need strong enforcement.

17:12.59
Gerard Brody
Regulatory systems only work when businesses know that standards matter and will be upheld. You know, Enforcement, it's not an end in itself, but it is essential to drive compliance, to deter misconduct, and I think really give the community the confidence that when harm occurs, there are real consequences.

17:32.12
Gerard Brody
um And the third aspect for me is really practicality and partnership as well. So regulation, I think, is most effective when it's workable, it's developed with those who experience, whether that is consumers, consumer advocates, industry, communities, or government. I think it has to be risk-based, responsive to the issues of most concern, whether that's cost of living issues, whether that's issues do with the climate, whether we're getting feedback from complaints,

17:59.45
Gerard Brody
um I think we do need to adapt and evolve rather than thinking our frameworks are set and forget forever, but it's really that practicality about making it work.

18:09.82
Marcial
Fantastic. Well, goodness me, lots of ah important words that you've said there about um having clear goals, purpose, you know, what are you there to do? Integrity, enforcement, you know, the importance of that and standards mattering to build confidence, whether it's amongst the business community or consumers and users of services. um And I think you ended with... them the acknowledgement that regulation needs to be dynamic, needs to be agile, needs to change with the times because societies change, the economy changes, and regulators need to kind of make sure that they're staying with the times and making sure that they're up to date as well. So bearing in mind that context there, what good regulation looks like to you all, Gerard, just sticking with you for a moment, um, what are the challenges that you think regulators are facing? So now, not just your own regulator, but more broadly, where should regulators be focusing their attention?

19:05.08
Gerard Brody
Yeah, good good question. There are probably many challenges, Marcial, but I might mention two if that's okay. um The first I would say is really, i think, understanding and responding to, I guess, more complex forms of vulnerability and harm. I think the pressures people face today. You know, we've got digital exclusion. Here at the Commission, we've had a real focus on family violence and essential services being misused. um Risks with things like climate change and more power outages. I mean, I think that these sorts of pressures overlap in ways that traditional regulatory tools weren't designed for. So I think that regulators really do need a deep understanding of how harm actually occurs, how systems can unintentionally make it worse. and how to design incentives and protections to lift standards.

19:54.17
Gerard Brody
um So I think that's the first. Another challenge I would say is, and I think it's one for all of us, is to generally take a long-term perspective. um In our world at Essential Services, you know, they must be dependable and resilient over decades, not just compliant year to year. So that means um ensuring that the regulatory framework has the right incentives for sustainability, whether that's investment in infrastructure, resilience, financial viability, or strong consumer practices, so they can withand withstand shocks.

20:28.95
Gerard Brody
Regulators do need to balance that short-term affordability with long-term reliability and fairness, so consumers aren't paying for, I guess, under-investment or short-termism.

20:40.66
Gerard Brody
So I guess they're the two um challenges that for me, one around deeper vulnerabilit vulnerability, but also the longer term and looking over the horizon to focus on, you know, people's wellbeing today, but well into the future.

20:54.52
Marcial
Yeah, that's a challenge, I know, for all regulators here in the UK as well. But hard sometimes in practice when you've got a political cycle, a news cycle that is much shorter term than some of the longer term challenges, you know, whether on the environment or in essential services that you're talking about.

21:13.21
Marcial
Rebecca, thinking about this from an NRCOP perspective, what are the challenges that you see facing regulators at the moment?

21:23.80
Rebecca
Yeah, thank you, Marcel. Similar to the UK, there is a much greater expectation being placed on regulators to not only protect citizens and prevent harm, but also to contribute to economic growth and a productivity agenda.

21:42.83
Rebecca
This has been quite explicit at the Commonwealth level, with Commonwealth regulators having to write public letters to articulate how they will reduce regulatory burden and promote productivity in the sectors that they regulate and similar initiatives that are happening across the states and territories.

22:03.42
Gerard Brody
Thank you.

22:04.31
Rebecca
I really see this as an opportunity for regulators to demonstrate that regulatory stewardship. And it's been quite pleasing that we haven't automatically jumped to reducing red tape as the solution, and it has actually been an opportunity for regulators to be proactive in seeing, in responding to this question. and demonstrating how they deliver value through good regulatory practice.

22:35.67
Marcial
Fantastic. Well, very, very similar issues here in the UK with regulators needing to focus on growth and reduce burdens as well.

22:42.27
Gerard Brody
you

22:44.44
Rebecca
Yeah.

22:45.84
Marcial
Atul, just thinking about this from an environmental point of view, because obviously you're regulating something that lots and lots of other countries are concerned about as well.

22:55.96
Marcial
and protecting the environment, and the environment is the shared environment across international boundaries. So thinking internationally, what what do you what would you like to see from good regulatory practice, and how can organisations like the Institute of Regulation, NRCOP, help you in practice to do your job?

23:07.92
Atul Sharma
you.

23:17.18
Atul Sharma
Sure. Thanks, Marcia. Well, you already mentioned my answer. You talked about the shared responsibility. So I would say, yes, I see international issues through a lens of shared responsibility and collective learning.

23:30.81
Atul Sharma
As a regulator, we need to see global trends, which can which may influence the behaviour we see locally, especially the movement of waste across international borders.

23:42.49
Atul Sharma
So I think the best way regulators can build a link is by talking to each other. regularly and sharing what works. If you ask me for my tip, I would just say, go mingle with the people in similar roles, share a success story, and be open about the challenges.

23:59.86
Atul Sharma
Also, professional bodies like NCOP and the Institute of Regulation can make this even easier by creating spaces for these conversations. So that's my tip.

24:10.94
Marcial
Well, that's a very good tip, I think.

24:10.90
Atul Sharma
Thank you. yeah

24:12.54
Marcial
It's a very good tip. And that's absolutely what we are trying to do here at the Institute of Regulation, which is create a forum where people can talk about things that they do and on regulation and share good practice and learn from each other. So I'm very grateful to you also for sharing your learning. And I really, really wish you well for all of your future regulatory challenges. Gerard, any tips that you would give people in regulation to help them to improve?

24:39.61
Gerard Brody
Well, I'd very much support our tools tip. I think that, you know, the culture of genuine collaboration is a really important one, and we really need to have that approach of openness and curiosity to learn from each other.

24:42.95
Atul Sharma
Thank you.

24:52.05
Gerard Brody
I must say I'm a big podcast listener, so I think that's one of the ways in which we can learn from each other. Another tip, though, I would say is, you know, we've always got to remember who it is that we're there to serve and to try and walk in their shoes as much as possible.

25:07.48
Gerard Brody
um ah Here at the Commission, I talk to our staff about getting out there into the community and understanding the experiences of people using essential services. When you have that direct experience, I think you're much better position to understand um how how to ah go about regulating them.

25:23.77
Marcial
Fantastic. um All great tips as well. And Rebecca, let me give it the last word to you. What are the tips that you would give um to those working in regulation?

25:33.52
Rebecca
Well, of course, I will say to be an active participant in communities of practice like NRCOP or the Institute for Regulation. um Sharing international experts and expertise across the seas is really important. At our conference, we had two amazing international speakers from the UK and the US, and also a few New Zealanders as well. And obviously, having these opportunities like your podcast to share the best practice examples that we have in Australia is a really fantastic opportunity, and I'd like to thank you for having us on the show.

26:16.82
Marcial
Well, it's really great to have you all. And it's great when regulators are often um in the firing line, you know, for regulatory decisions of one kind or another, to also celebrate the success of what good regulation looks like in practice.

26:31.38
Marcial
It's often... unheralded, you know, because good regulation is like the plumbing or electricity, you know, where you just take it for granted when it works.

26:34.33
Gerard Brody
you

26:41.10
Marcial
So well done, all of you. And please pass our congratulations on to your colleagues. It's been a great discussion with lots of learning. And I'm sure those of us in the UK will look at your work with interest.

26:53.65
Marcial
So thank you, Rebecca Billings, from the National Regulators Community of Practice from the Australia New Zealand School of Government. Gerard Brodie from the Essential Services Commission in Victoria, and Atul Sharma of the Environmental Protection Agency in Victoria.