Two Types of Regulators

Risk! Engineers Talk Governance Podcast
Season 6, Episode 9

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis discuss the two types of Regulators.

They outline two fundamentally different regulatory philosophies: regulators who view prosecutions as a measure of success versus those who see them as a measure of failure.

The discussion examines how the "so far as is reasonably practicable" (SFAIRP) framework has shifted the burden of proof, making it harder for some regulators to secure convictions and created new challenges for organisations trying to demonstrate compliance. 

Richard and Gaye analyse recent high-profile cases, including the Auckland Port Authority CEO conviction and the Hazelwood fire prosecution, highlighting how transparency of process, not just outcomes, has become central to regulatory scrutiny.

They also discuss the complications arising from overlapping legislation across Australian jurisdictions, the tension between organisations' stated commitment to safety and their legal defence strategies, and how New Zealand appears to be leading the way in prosecuting senior executives.