Regulatory capability, when learning on the job isn't enough
For about sixteen years, I've worked as a learning and development manager across several different regulatory agencies – building regulatory learning and development functions from the ground up; designing, developing, and delivering tailored learning solutions; and advising and supporting senior leaders on developing cultures of knowledge and learning. My work has been the result of adverse internal or external reviews that identified problems with the agencies' capability. These included outdated regulatory approaches, decayed work practices, fossilised knowledge, lost confidence, and ineffective (or non-existent) regulatory decision-making. Capability issues that seriously undermined the agency’s ability to fulfil its purpose, meet community expectations and deliver public value.
In all the regulatory learning programs I’ve designed, on-the-job learning has been a core element - it is powerful learning experience when harnessed correctly. Learning on the job can be a great way to discover first-hand how experienced practitioners approach their work, solve problems, exercise their judgement, and make effective regulatory decisions. It is also an effective way to learn not just the culture, context, and ethos of the organisation.
So it was with interest that I recently attended a webinar, presented by the National Regulators Community of Practice (NRCoP), https://www.anzsog.edu.au/regulators, and ANZSOG (Australia and New Zealand School of Government), https://www.anzsog.edu.au/: Regulatory Capability: what does it mean and how do we acquire it?’
'In a field which has traditionally relied heavily on 'on the job training and deep domain knowledge, what would a system-wide regulatory capability approach look like? How can we best equip regulators to operate effectively in the new normal and to see themselves as part of a mobile, skilled and professional workforce?‘ (ANZSOG & NRCoP 2021)
Dr Lorraine Cherney (Manager, ANZSOG/National Regulators Community of Practice and Honorary Research Fellow, the University of Queensland) shared her report on Professional Development Training for Regulators, In this research, Dr Cherney conducted an international environmental scan to explore the range of training currently available to regulators: the types of training, topics covered and how the training was structured. In the webinar, we also heard from Dr Grant Pink (pracademic advisor to the NRCOP) with his presentation on 'Regulatory Capability: tensions, tips and techniques'; and Victoria Thomson (Deputy Director-General, Liquor, Gaming and Fair Trading, Queensland Department of Justice and Attorney-General) who presented a case study on the Bergin Inquiry into Crown Sydney’s licence application and explored the implications for the regulator’s capability.
The 70:20:10 Reference Model
The 70:20:10 Reference Model is widely known and used extensively in organisational learning and development. It was developed in the 1980s by researchers at the Centre for Creative Leadership, looking at the key developmental experiences of successful managers.
70% of learning: on the job (experience, experimentation, reflection)
20% of learning: working with others (social-collaborative)
10% of learning: formal, planned
While most learning happens on the job, its effectiveness is underpinned by the 10% of planned, structured, formal learning.
It’s also important to note:
Rather than separating work and learning, the purpose of the 70:20:10 model is to strengthen the synergy between the 70, 20 and 10 solutions to become mutually reinforcing. The specific ratio (70:20:10), in any given situation, will vary, depending on the work environment and the organisational results required'. 70:20:10 Institute, https://702010institute.com/702010-model/
It's worth reading this blog '5 myths about the 70:20:10 model’ from the 70:20:10 Institute, to gain a deeper understanding of what 70:20:10 will and won't do.
Organisations often place a lot of emphasis on the 70 component, however, learning on the job has its limits.
An effective regulator is a capable regulator.
Regulatory agencies come in different shapes and sizes, from independent statutory authorities reporting directly to the Minister to regulatory functions embedded within larger government departments. Budgets and resources are usually tight, and investment in building, maintaining and extending capability can be sporadic. As Pink (2021) notes,
'agencies operate in dynamic, reactive environments and rarely get to prioritise and move to the proactive. As a result, regulatory capability efforts usually occur just in time.’
An over-reliance on on-the-job learning is problematic. Without a learning and development strategy, it is less likely to be effective, less likely to synergise with the 70:20, and more likely to generate unintended consequences, such as:
Inconsistent regulatory decision-making
Many regulators have geographically dispersed workforces which makes consistent and predictable regulatory decision-making difficult. If it’s not part of a broader learning and development strategy connected to the organisations' strategic vision, on-the-job learning may only reinforce inconsistent regulatory decision making.
Rather than fostering the agency’s desired regulatory approach, on-the-job learning may reinforce a highly localised approach with each team doing the work in their own way; whether it aligns with the agencies position is another question.
Welcome to your first day. Here is a copy of the legislation…good luck!
Reinforced knowledge and skills gaps, and poor work practices
Do you know the state of your agency’s knowledge and skills? Are they contemporary, relevant and desirable? Or have they decayed, fossilised, and become irrelevant?
Have your people been trained? Do they have a complete regulatory toolkit to do their work?
Does your agency have contemporary, documented, accessible and known processes to guide people in their work? Or have people needed to create their own ways of doing things? Have they generated shortcuts and heuristics in the absence of organisational support to develop their capability?
Hi Bernie, good to meet you. We're looking forward to having you with the team next week. We'll show you how the job is done, not whatever you've been doing in the induction program.
Fortified team silos and narratives (for better or for worse)
On-the-job learning plays an important role in helping people become ‘social ready, to move from being legitimate peripheral participants (Lave and Wenger 1991) to become fully paid-up members of both their immediate team and the broader organisation. Whichever way you look at it, team members will learn the attitudes, beliefs, and behaviours of their team, for better or worse. A Regulatory Learning & Development strategy will help ensure you address the behaviour aptitudes needs for success - across the agency’s entire workforce, not just the frontline.
What is the state of the teams’ narratives in your agency? What stories are they telling themselves about their purpose and their place? Stories are a powerful way to learn and enculturate – they cut through the clutter, get the message across and influence people. Stories help us to understand our world, make sense of our experiences, create connections and bring us together.
Where are you now? Where do you want to be? How will you get there?
To be effective and deliver tangible capability gains, on-the-job learning should be part of a broader learning and development strategy:
tailored to your agencies vision, purpose, and objectives
focussed on whole-of agency
incorporating a short, medium, and long-term view
pragmatic, sustainable, and scalable
utilising a blended learning methodology, including on-the-job learning.
CFO: What happens if we train our people, and they leave?
CEO: What happens if we don't, and they stay?
From recruitment to exit stage left
A regulatory learning and development strategy looks at the capability needs across the different roles and the employee lifecycle, from recruitment to exiting the agency:
Recruitment: How do you recruit? Do you recruit for existing regulatory/law enforcement experience (a common approach)? Or for aptitude, knowing that the technical skills and knowledge can be taught?
Onboarding: a two-way process for bringing newcomers into the organisation – learning the social and performance aspects of their role, helping them to become effective organisational members and insiders.
Induction: the structured, technical training to develop new employees’ skills and knowledge to do their job correctly, effectively, and conscientiously.
Training: concerned with developing skills and knowledge to the desired standard through instruction, practice, and evaluation. Accredited qualifications are often deployed at this stage of the regulatory learning and development cycle.
Continuing Professional Development (CPD): the learning activities professionals engage in to continue to develop, enhance and maintain their abilities. Assumes the professionals have the foundational knowledge and skills of their professional discipline to build their continuing professional development.
Leaving the organisation: how does your agency identify, capture, codify and share high-value knowledge and expertise before employees leave?
On the job learning is a key approach used by many regulatory agencies to build their capability. Without a regulatory learning and development strategy, on-the-job learning can be problematic and not deliver the intended results. With a regulatory learning and development strategy, on-the-job learning can fly to deliver tangible value, as well as foster a learning and knowledge culture.
This article was originally published on LinkedIn, 28 April 2021.
References
Lave, J., & Wenger, E. (1991). Learning in Doing: Social, cognitive, and computational perspectives.Situated learning: Legitimate peripheral participation. Cambridge University Press. https://doi.org/10.1017/CBO9780511815355.
NRCoP and ANZSOG (2021), Regulatory capability: what does it mean, and how do we acquire it? https://youtu.be/fkHoSJrPB50.
Pink, G. (2021, 23 March), Regulatory Capability: tensions, tips and techniques [webinar presentation}, NRCoP and ANZSOG Webinar, Regulatory Capability: What does it mean and how do we acquire it? https://youtu.be/fkHoSJrPB50