Page 113 - SP2025
P. 113

Strategic Plan 2025 - 2030 | MEITD




                  The  Regulatory  Framework  outlines  the  hierarchical  structure  of  a  comprehensive  regulatory
                  system,  organized  into  six  main  levels,  each  serving  a  distinct  purpose  in  ensuring  effective
                  governance, compliance, and guidance for regulatory processes.

                  1. Act/Ordinance (Top Level)                    4. Licenses, Certificates, License
                                                                  Conditions, and Orders
                  Overview: This represents the highest level of
                  legal authority in the framework, enacted by a   Overview:   Instruments   that   enforce
                  legislative  body—Federal  Act  by  Parliament   regulations  by  granting  permissions,  setting
                  and  Ordinance  by  the  Sarawak  Legislative   conditions, or issuing specific instructions.
                  Council.
                                                                  Purpose:  To  operationalize  compliance
                  Purpose: Provides  the legal foundation and     through approvals, certifications, or directives
                  overarching  authority  for  all  subsequent    tailored to individual or organisational needs.
                  policies and regulations.
                                                                  Example:  Issuing  licenses  for  operating
                  Example:  Statutory  laws  or  ordinances  that   educational  institutions  or  certificates  for
                  define the scope and objectives of regulatory   research compliance.
                  actions  (e.g.,  Education  Acts  or  Innovation
                  Policies).                                      5. Regulatory Documents

                  2. Policy                                       Overview:  Documents  that  provide  detailed
                                                                  instructions and criteria to  guide compliance
                  Overview:  Policies  establish  the  strategic   with regulations. These are not legally binding
                  direction  and  interpretive  framework  for    but offer practical implementation guidance.
                  implementing laws. They provide guidance on
                  how    the   Act/Ordinance   should   be        Purpose:  To  standardize  practices  and
                  operationalized through regulations.            ensure transparency in regulatory processes.

                  Purpose:  To  translate  legal  mandates  into   Example: Guidelines on the approval process
                  actionable  strategies,  ensuring  consistency   for  academic  programs  or  procedures  for
                  and adaptability in regulatory enforcement.     obtaining research grants.

                  Example:     Policies   governing   talent      6. Guidance (Bottom Level)
                  development  initiatives,  education  sector
                                                                  Overview:  A   collection   of   supporting
                  innovation, or research commercialization.
                                                                  documents that provide specific details, best
                  3. Regulations                                  practices,  and  technical  guidance  for
                                                                  compliance and operational excellence.
                  Overview:  Detailed  rules  derived  from  the
                  Act/Ordinance  and  guided  by  policies.       Guidance Documents: Offer general advice
                  Regulations  specify  the  requirements  and    on complying with regulations.
                  conditions  necessary  to  operationalize  the   Staff  Review  Guides:  Provide  internal  staff
                  legal framework.
                                                                  with  procedural  frameworks  for  reviewing
                  Purpose:     To    ensure     consistency,      compliance applications or processes.
                  enforcement,  and  compliance  with  the  legal
                  provisions established in the Act, in alignment
                  with policy objectives.

                  Example:    Regulations   governing   the
                  accreditation  of  educational  institutions  or
                  standards  for  research  and  development
                  initiatives.


                                             ©2025 Ministry Of Education, Innovation And Talent Development Sarawak   97
   108   109   110   111   112   113   114   115   116   117   118