'Permissions’ refers to licences, permits and other approvals. They provide a person or entity the ability to undertake certain activities that would otherwise be unlawful. Fit and Proper Tests are sometimes required before a permission is granted.
Victoria’s two guiding frameworks help ensure permissions and fit and proper tests are used appropriately and effectively.
Victorian Permissions Framework
Permissions are a valuable risk management tool and should be fit-for-purpose so that they do not create unnecessary costs for businesses and communities.
Use the framework for new and existing permissions to ensure they are justified, well-designed and applied using best practice.
Working through the Framework and guides will assist departments and regulators to better understand:
- what permissions are and when to use them
- principles for best practice
- the six stages for reviewing existing and new permissions.
The following guides and template support departments and regulators to apply the framework and document key findings.
Guide 1
Guide 1 sets out how to apply stages 1 to 3 of the Victorian Permissions Framework.
It assists in understanding policy problems, regulatory design and permission selection, and supports the Victorian Guide to Regulation when permissions are being considered as a regulatory tool. It helps those shaping the policy settings and regulatory design of new or existing permissions.
Guide 2
Guide 2 sets out how to apply stages 4 to 6 of the Victorian Permissions Framework.
It assists on permission design, managing permissions and evaluating outcomes. It is intended for policy designers and practitioners of regulation.
Template
The template assists policy makers in documenting and analysing their key findings when using the guide. It can be attached to briefings to provide a summary.
Victorian Fit and Proper Test Framework
Fit and Proper Tests are a key screening tool to ensure only suitable applicants receive a licence. Fit and Proper Tests impose burden on applicants and should only be considered when burden is proportionate with the risk of harm being managed.
Use this framework when considering the implementation of a new Fit and Proper Test or when reviewing existing ones. It aims to ensure that Fit and Proper Tests are justified, well-designed and efficiently administered.
The framework assists policy makers and regulators in understanding:
- what Fit and Proper Tests are and when they should be used
- principles for best practice
- the three stages for reviewing new and existing Fit and Proper Tests.
The current Framework includes two stages:
- Decision: Determine if a Fit and Proper Test is the appropriate tool to manage your harms.
- Design: Ensure that Fit and Proper Tests effectively mitigate risks.
Guide
The Guide to the Victorian Fit and Proper Test Framework outlines how to apply the framework. It helps in determining when a Fit and Proper Test is appropriate and how to design them effectively to manage harms.
Template
The template assists policy makers in documenting and analysing their key findings when using the guide. Its overview can be attached to briefings to provide a summary.
Related guidance
For policy-makers: The Victorian Guide to Regulation sets out the general approach to developing regulation, including permissions. The Permissions Framework supplements the Victorian Guide to Regulation with additional considerations and steps that policy-makers can follow to implement best practice.
For regulators: The Permissions Playbook supports regulators on how they implement and reform permissions schemes, including best practice administration, and steps to take before considering a digital reform.
Updated