Concept
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Once sufficient research has been collected and both society- and industry-members have provided input, the draft proposal will be assessed against the feedback provided. During this phase any oversights or incorrect data in the original proposal will be amended to reflect the more accurate data.
At this phase, the proposal should contain the following key elements, with the appropriate statistical data:
Clear problem definition – What is the real issue?
Stakeholder identification – Who is affected by the problem, who can help change legislation, and who should implement and oversee the regulation
Proposed solution – What should be done to solve the problem or address the need?
Value proposition – What are the benefits of this change?
Budgetary requirements – How much will implementation and oversight cost?
Once these key elements are present and substantiated by research, the proposal is sent to the appropriate legislative body for debate, amendment, rejection or acceptance. If the entity recommends that an amendment should be made, stakeholders will be required to engage the public, industry and legal experts again, as well as to provide an impact assessment of the proposed amendment(s).
If the regulation is rejected, the stakeholders can take the rejection on appeal and fight the rejection. This is usually done in the relevant court. Alternatively, the stakeholders can re- engage and seek a regulatory compromise, while their third option is simply to accept the rejection.
If the regulation is accepted and passed by the legislative arm of the government, it is then published, typically in a gazette so that all parties are informed of the change and the required timelines for implementation. At this point, the process moves into the implementation phase.