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Methodology, results and discussion

RPF 1

Regulators do not unnecessarily impede the efficient operation of regulated entities

Focus areas include assessments, stakeholder engagement, risk awareness, process improvement and maintaining skills.

2015–16

2016–17

2017–18

2018–19

All targets met

All targets met

All targets met

All targets met

NOPSEMA continued to ensure regulatory burden and impact was minimised for regulated entities, while still maintaining regulatory objectives. This was demonstrated by engaging and understanding our regulated entities and other stakeholders and by undertaking regulatory activities in a timely manner. Examples include:

  • assessments and inspections were risk based and completed promptly
  • NOPSEMA published a suite of resources for stakeholders
  • improved consultation practices for advice (guidance) were implemented
  • compliance costs were minimised where appropriate
  • the NOPSEMA Advisory Board received regular reports on NOPSEMA and industry performance
  • active participation in international regulatory groups and forums
  • continued to control, review and audit regulatory processes
  • continued to illustrate operational performance thorough the timely publication of various performance metrics and reports on the website
  • continued to maintain and improve ongoing professional development of staff
    • continued to allocate resources proportionate to identified risks

The following corporate plan KPIs are relevant to this performance measure: 1, 8, 11, 16, 17, 19, 21

RPF 2

Communication with regulated entities is clear, targeted and effective

Focus areas include publishing information and results, transparency, consultation and feedback.

2015–16

2016–17

2017–18

2018–19

All targets met

Targets substantially met

All targets met

All targets met

NOPSEMA continued to prioritise stakeholder engagement. This was demonstrated through the establishment and coordination of the transparency initiative, which progressed a suite of projects to improve the transparency and community confidence in the offshore petroleum regulatory regime. The initiative was overseen by a multi-sector steering committee. In addition, NOPSEMA:

  • continued to communicate with duty holders prior to, and during assessment periods
  • communicated regulatory decisions to duty holders in a timely manner and, where appropriate, with reasons
  • continued to review the adequacy of guidance and communication mechanisms to ensure stakeholders maintain an understanding of assessment processes, particularly with respect to risk assessment
  • conducted and participated in workshops and consultation with relevant stakeholders where appropriate , and published this information online
  • continued the NOPSEMA Community and Environmental Reference Group (CERG)
  • provided electronic and printed copies of the Regulator quarterly magazine to duty holders
  • processed feedback and complaints about NOPSEMA in a timely manner.

The following corporate plan KPIs are relevant to this performance measure: 1, 4, 7, 9, 20

RPF 3

Actions undertaken by regulators are proportionate to the regulatory risk being managed

Focus areas include risk-based regulatory actions, workshops and promotion and stakeholder feedback.

2015–16

2016–17

2017–18

2018–19

Targets substantially met

All targets met

All targets met

All targets met

NOPSEMA‘s overarching compliance strategy incorporates the following principle:

Decisions and actions taken by NOPSEMA are targeted, proportionate, accountable, fair, informed, flexible, systematic, consistent, transparent and consultative.

Examples of proportionate compliance actions included:

  • continued use of a risk-based approach for regulatory activities that considers the relevant risk factors and performance and compliance history
  • continued liaison with duty holders to inform them of the risk-based approach to regulatory actions
  • continued availability of risk management and regulatory risk-based policies and procedures to staff and stakeholders
  • continued training in risk management policies, processes and procedures
  • the NOPSEMA enforcement policy includes options for graduated compliance actions consistent with the regulator’s powers and legislation
  • NOPSEMA’s internal compliance committee continued to implement the organisation’s compliance strategy, including oversight of regulatory compliance risk and enforcement decisions
  • current and emerging risks were identified in the annual environment scan.

The relevant minister’s Statement of Expectations and NOPSEMA’s Statement of Intent are published on NOPSEMA’s website.

The following corporate plan KPIs are relevant to this performance measure: 2, 3, 4, 5, 9, 21

RPF 4

Compliance and monitoring approaches are streamlined and coordinated

Focus areas include reducing regulatory burden, working collaboratively and stakeholder engagement.

2015–16

2016–17

2017–18

2018–19

All targets met

All targets met

All targets met

All targets met

NOPSEMA’s compliance strategy outlines approaches and principles relevant to the agency’s compliance and monitoring activates (see RPF 3). In addition, examples of streamlining and coordination approaches in 2018–19 include:

  • continued assurance through annual planning processes that regulatory activity is coordinated and efficient, in consideration of reducing regulatory burden
  • the commencement of a series of management reviews looking to improve both the effectiveness and efficiency of our core processes
  • communicating NOPSEMA’s expectations to duty holders to assist in effective and efficient inspections
  • the provision for cross-divisional coordination in policies and procedures for planning regulatory activities
  • regular interaction and working groups with international regulators and industry bodies with regard to best practice in compliance and monitoring approaches
  • compliance activities were based on risk and considered the operational requirements of duty holders
  • NOPSEMA’s internal compliance committee continued to implement the organisation’s compliance strategy, including overseeing regulatory compliance risk and enforcement decisions.
  • requests for further information from duty holders were specific and necessary, and minimised impact.

The following corporate plan KPIs are relevant to this performance measure: 2, 3, 8, 12, 13, 14, 16

RPF 5

Regulators are open and transparent in their dealings with regulated entities

Focus areas include reporting and publishing information, transparency, stakeholder presentations and feedback.

2015–16

2016–17

2017–18

2018–19

All targets met

Targets substantially met

All targets met

All targets met

NOPSEMA continued to prioritise stakeholder engagement. This was demonstrated through the establishment and coordination of the transparency initiative, which progressed a suite of projects to improve the transparency and community confidence in the offshore petroleum regulatory regime. The initiative was overseen by a multi-sector steering committee.

NOPSEMA continued to improve its openness and transparency through implementing a range of initiatives to better inform the community of its role and responsibilities.

This included a number of initiatives to demonstrate the rigorous nature of NOPSEMA’s regulatory activities. For example, NOPSEMA has:

  • ensured duty holders were informed of reasons for regulatory decisions
  • a regulatory service charter published on the NOPSEMA website that describes the organisation’s approach to stakeholder interactions
  • a number of initiatives in place designed to systematically and comprehensively improve consultation processes between relevant persons and titleholders and build community confidence in offshore petroleum regulatory regime
  • published guidance readily available to stakeholders on the website
  • regularly engaged with duty holders to inform them of NOPSEMA’s expectations with numerous feedback opportunities
  • promptly responded to stakeholder feedback, complaints and requests for information
  • independent financial audit result and cost effectiveness report published annually
  • regularly published performance measurement results on the website

The following corporate plan KPIs are relevant to this performance measure: 4, 6, 8, 10, 20, 22, 23

RPF 6

Regulators actively contribute to the continuous improvement of regulatory frameworks

Focus areas include reporting, auditing and evaluation, legislative change, liaison and strategic planning.

2015–16

2016–17

2017–18

2018–19

All targets met

Targets substantially met

All targets met

All targets met

NOPSEMA encourages a high performance culture and identifies improvements through its internal audit, review, evaluation, collaboration and analysis processes. Examples of the organisation’s active contributions to continuous improvement in 2018–19 include:

  • continued to update and publish guidance material for duty holders e.g. new environmental regulations regarding transparency
  • published a bulletin to clarify the application and interpretation of oil spill modelling
  • continued to publish datasets and reports regarding both NOPSEMA and industry performance to identify opportunities for improvement
  • sought advice from the NOPSEMA Advisory Board through regular meetings and referrals, noting the continued quality and experience provided by members
  • provided regular (quarterly) and topical reports to the Board
  • member of the AMSA Industry Advisory Board
  • the recommendation for improvement from GCAC regarding additional guidance to duty holders was actioned
  • continued ongoing collaboration with the DIIS on legislative change
  • continued to represent Australia as a member of the IRF and IOPER, in addition to holding a position as a member of the IRF management committee
  • recommendations and opportunities for improvement for various regulatory processes were raised via the internal audits programme
  • active participation and/or co-hosting of industry events e.g. source control workshop, and Spillcon
  • feedback and complaints about NOPSEMA received (via the dedicated mailbox) were considered and actioned accordingly.

With a view to streamlining processes under the offshore petroleum regime, NOPSEMA has been working closely with NOPTA on decommissioning matters associated with offshore oil and gas activities

The following corporate plan KPIs are relevant to this performance measure: 10, 11, 12, 13, 15, 16, 17, 18, 20, 23