Department of Environment and Primary Industries

Ref: / MBR024972
File:
“*MBR024972*”

Mr Adam Fennessy

Secretary

8 Nicholson Street

East Melbourne Victoria 3002

Dear Mr Fennessy

STATEMENT OF EXPECTATIONS FOR THE REGULATION OF BIOSECURITY MATTERS UNDER VICTORIAN LEGISLATION

I am pleased to provide you with my second Statement of Expectations for the regulation of biosecurity matters under Victorian legislation. These matters include the development and implementation of policy, standards, systems and services that reduce the threat of invasive animals and plants to agriculture and the environment, protect animals and plants from pests and diseases, enhance food safety, ensure minimal and effective chemical use, protect the welfare of animals and preserve and expand market access for Victoria’s primary industries.

This Statement applies to all Department of Environment and Primary Industries (DEPI) employees with responsibilities for biosecurity matters, including those who carry out powers and functions under enabling legislation and related government policies, including the exercise of Ministerial powers and functions under an instrument of authorisation or delegation. This Statement revokes my previous Statement and applies from the date of receipt until 30 June 2016, or until otherwise amended.

Improving the administration and enforcement of regulation

This Statement is important to the discharge of my Ministerial portfolio responsibilities and statutory powers. It sets out my expectations of the Department’s contribution, as it relates to biosecurity matters, drawing particularly on guidelines for preparing Regulator Statements of Expectations prepared by the Department of Treasury and Finance.

As Minister for Agriculture and Food Security and in relation to biosecurity matters, I am responsible for the following legislation and associated regulations:

· Agricultural and Veterinary Chemicals (Control of Use) Act 1992

· Domestic Animals Act 1994

· Drugs, Poisons and Controlled Substances (Poppy Cultivation and Processing) Amendment Act 2014

· Impounding of Livestock Act 1994

· Livestock Disease Control Act 1994

· Livestock Management Act 2010

· Plant Biosecurity Act 2010

· Prevention of Cruelty to Animals Act 1986

· Stock (Seller Liability and Declarations) Act 1993

I am also responsible for elements of the following legislation:

· Catchment and Land Protection Act 1994

· Drugs, Poisons and Controlled Substances Act 1981 (Part IV)

This Statement should be read within the context of the objectives, obligations and functions outlined in these Acts as amended as well as the relevant regulations.

Improvements and targets

I acknowledge that significant work has been undertaken to progress my expectations as outlined in the first Statement, including pursuing co-regulatory and co-management arrangements for Queensland fruit fly, a range of initiatives designed to reduce the regulatory burden on businesses and implementing a targeted enforcement approach for invasive plants and animals.

I also acknowledge that DEPI has completed the Regulation and Compliance Transformational Project, which focused on creating a coherent and effective regulation and compliance function across the Department. I support the resulting commitment that:

“The Department of Environment and Primary Industries will treat all members of the community professionally and with respect while delivering efficient and effective risk-based regulatory services.”

Based on consultation with DEPI, I have identified some key areas of governance and operational performance where there are opportunities for DEPI to make improvements that would reduce cost impacts on businesses and communities in relation to biosecurity. DEPI is expected to identify the activities and targets it will undertake to improve performance.

Regulatory principles

It is important that all DEPI regulators are consistent in the way in which they interact with the public. I expect all DEPI regulatory staff to be:

· helpful

· respectful

· proportionate

· predictable

· clear

· transparent

I also expect all DEPI regulators to jointly develop a standard for measuring DEPI’s performance in delivering against these principles and for this to be reported to me within two years.

Risk-based strategies

Regulatory outcomes can be improved by the use of risk-based strategies that focus activities where the risks are the greatest. Consistent with my expectations for DEPI as a whole, I expect you to implement a risk-based approach to managing compliance responsibilities. I expect that regulatory responses will be proportionate, predictable, clear and transparent and that you will continue to ensure that risk-based approaches guide the delivery of regulatory outcomes, minimising cost to industry and applying the lowest level of regulatory intervention required to achieve the outcomes sought.

I expect that you will publish a Biosecurity Compliance Strategy that includes a risk assessment framework for identifying high biosecurity risks and for undertaking enforcement activities and that you will demonstrate in your annual report how risk-based strategies have been used to prioritise monitoring, compliance and enforcement activities.

The regionalisation of part of the biosecurity operation functions brings new opportunities in the delivery of regulatory services to the Victorian community. I expect the Biosecurity Division to work closely with the Regional Services Group to ensure state-wide biosecurity compliance priorities are captured in new Regional Compliance Plans.

Risk-based strategies are also an important element of identifying and preparing for potential biosecurity emergencies. I expect that the risk assessment framework will be used to prioritise biosecurity emergency preparedness activities.

Working with industry

I acknowledge that you currently provide a range of information sources, assistance and education programs in order to improve voluntary compliance with the legislation. You have also been closely engaged with industry stakeholders, particularly through a range of Statutory, Ministerial and advisory committees, to assist with risk assessment, compliance planning, communications and monitoring and evaluation processes.

I expect that you will continue with this approach and further support and work with industries seeking to develop biosecurity compliance standards to encourage the adoption of voluntary compliance. This may also assist with reducing the need for regulatory intervention.

Timeliness

DEPI is responsible for administering a number of different licences and permits in relation to biosecurity. I expect that you will increase the number of services available online and simplify processes, where possible, to reduce red tape through decreasing the time taken for individuals and businesses to complete forms and applications and streamline the collection and processing of this information. The uptake of these online services, compared with current paper-based systems, should be measured and reported against in your annual plan.

Accountability and transparency

I expect you to develop a Biosecurity Evaluation Framework that includes measuring performance against regulatory outcomes across the legislation.

In developing actions to achieve these improvements and targets, I expect DEPI to consult with business and the broader community as appropriate.

Reporting

I expect that DEPI will respond to this Statement, outlining how it intends to achieve the performance improvements set out in this Statement. This response should include details of the specific activities that will be undertaken by DEPI and targets to be achieved.

Reporting on your progress to achieve these performance targets should be undertaken in the context of annual financial reporting to avoid dual reporting streams. As part of annual reporting, regulators are expected to report on:

· current baseline levels for performance targets set in your response (where relevant); and

· activities to be undertaken to reach the performance improvements set out in this Statement and targets set out in your response.

I also expect that these performance targets will be incorporated into the Department’s Corporate Plan, and this Statement should be published on the Department’s website upon receipt.

I look forward to seeing DEPI continuously working towards achieving best practice in the administration and enforcement of regulation.

Yours sincerely

THE HON PETER WALSH MLA

Minister for Agriculture and Food Security

MBR024972 4