Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2012 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

FacultyFaculty of Law
OfferedCity (Melbourne) Term 3 2012 (On-campus block of classes)


For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html


This unit provides an introduction to the range of instruments which can be used by regulators to obtain compliance. While it mixes theory and practice, it is oriented towards the practical application of regulatory methods and examines their strengths and weaknesses, the empirical evidence as to their effectiveness and the dangers in their use. Topics include:

  • Regulation and regulatory design
  • State regulation vs social regulation
  • Taxonomies of regulatory methods
  • Input vs output-based regulation
  • Rewards and incentives
  • Choosing the best methods
  • Ordering methods
  • Regulatory impact statements
  • Trust, technology and information
  • Economic, market and private regulation


On completion of this unit, students will be able to:

  1. understand the concept of regulatory design
  2. understand the taxonomies of regulation
  3. understand the major techniques of regulation and the tools available to implement them
  4. develop competence to critically identify the strengths and weaknesses of the regulatory techniques identified
  5. understand the main values against which regulatory methods and processes might or should be addressed
  6. understand why and how regulatory methods fail.


Written essay (1,500 words): 20%
Written essay (6,000 words): 80%

Chief examiner(s)

Professor Arie Freiberg

Contact hours

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)