Being a Good Inspector: Regulatory Competence and Australia’s Mines Inspectorate

Abstract This paper examines enforcement capability and competence through an empirical study of Australian mines inspectorates. In particular, it addresses the gap between theory and practice in terms of administering ‘best practice’ regulatory standards, compliance and enforcement, developing strategy, relations with workers’ representatives, and facilitating ‘beyond compliance’ behaviour. It examines how the seven Australian inspectorates perform in terms of these competencies and demonstrates their importance through a case study of the Western Australia mines inspectorate. Finally, it considers ways in which to inculcate competencies, particularly in those inspectorates with few resources. Crucially, it demonstrates that an inspectorate which lacks the relevant competencies will be incapable of enforcing regulation effectively, irrespective of the regulatory style it adopts, the measures it takes to avoid regulatory capture, how it targets its resources, or how it manages stakeholder interactions.