Ref: BMIN17002554
Mr Richard Bolt
Secretary
Department of Economic Development, Jobs, Transport and Resources
121 Exhibition St
MELBOURNE VIC 3000
Dear Mr Bolt
STATEMENT OF EXPECTATIONS FOR THE REGULATION OF BIOSECURITY, ANIMAL HEALTH AND WELFARE, AND FOREST PROTEST MANAGEMENT MATTERS UNDER VICTORIAN LEGISLATION
As you are aware, by 1 July 2017 Victoria’s regulators are required to implement the new Statement of Expectations Framework by carrying over current Statements while new Statements are developed. I am pleased to provide you with this reissued Statement of Expectations for the regulation of biosecurity, animal health and welfare, and forest protest management matters, by the Department of Economic Development, Jobs, Transport and Resources (DEDJTR).
This Statement applies for the period 1 July 2017 to 31 December 2017, or until otherwise amended. It replaces the Statement issued 19 September 2016.
I expect DEDJTR to submit a revised response to this re-issued statement by 4 August 2017 to allow sufficient time for any review prior to its publication on your website by 1 September 2017.
Improving the administration and enforcement of regulation
This Statement sets out my expectations of DEDJTR’s contribution to the Government’s Regulation Reform Program in relation to the regulation of biosecurity, animal health and welfare, and forest protest management matters under Victorian Legislation to reduce regulatory burden and improve regulatory practice.
This Statement outlines key governance and performance objectives and targets aimed at promoting greater efficiency and effectiveness in the administration and enforcement of regulation. This will reduce the regulatory cost impact on businesses, not-for-profit organisations, government service providers and households.
I recognise the increasing demand for services delivered by DEDJTR in relation to the regulation of biosecurity, animal health and welfare, and forest protest management matters under Victorian Legislation. This includes potential new areas of regulation such as medicinal cannabis. I expect that services will be delivered sustainablyinto the future and that you will report to me on strategies to ensure this.
I also recognise the importance of traceability and I expect you to continue to improve Victoria’s systems and processes.
As Minister for Agriculture I am responsible for administering the following legislation and associated regulations that affect businesses and the broader Victorian community:
- 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)
- Sustainable Forests (Timber) Act 2004
This Statement should be read within the context of the objectives, obligations and functions outlined in these Acts as amended.
Improvement activities
Based on consultation with DEDJTR, I have identified the following key areas of governance and operational performance where there are opportunities for DEDJTR to improve regulatory practice. DEDJTR is expected to identify activities it will undertake to achieve the following performance improvements and targets:
Small business regulatory burden
The Government recognises that the regulatory burden can fall disproportionately on small business compared to larger business.Therefore, I expect you to develop performance and improvement targets to measure the effort in reducing regulatory burden on small business. In developing actions to achieve these improvements and targets, I expect you to consult with businesses and the broader community.
Stakeholder consultation and engagement
I understand that DEDJTR works closely with stakeholders in performing its role as a regulator. I expect that you will continue to consult and engage with biosecurity and forest protest management stakeholders to assist them to understand their regulatory, as well as emergency preparedness, obligations. I expect that you will also consult with stakeholders on any upcoming changes to legislation and that you will support stakeholders to develop biosecurity standards to encourage the adoption of voluntary compliance.
Accountability and transparency
Transparency is a key element of good regulatory practice and is one of the principles of DEDJTR’s regulatory model.Regulators should be open about decisions and stakeholders should be able to easily understand the way in which regulation is applied.
I expect you to continue to use the Biosecurity Evidence Framework to demonstrate achievement of program outcomes, efficiency, appropriateness and value, as well as improvement and organisational learning. I expect that information will be made publicly available to ensure that the public and industry are aware of the work undertaken by DEDJTR in order to build trust with our stakeholders and ensure transparency of DEDJTR operations.
Compliance related assistance and advice
I acknowledge that you currently provide a range of information services, assistance and education programs in order to improve voluntary compliance with legislation under the responsibility of DEDJTR. I expect you to continue this work as well as looking for new opportunities to provide assistance and advice for stakeholders to comply with the legislation you are responsible for enforcing.
Clear and consistent regulatory activities
I expect that DEDJTR will work towards ensuring a consistent stakeholder experience, including by ensuring that all Authorised Officers are trained against minimum standards as defined in the DEDJTR Compliance Policy. I also expect DEDJTR to implement consistent animal welfare legislation that meets the Government’s election commitments.
Harmonisation of legislation across states and with the Commonwealth will ensure consistent regulation for our stakeholders and I expect DEDJTR to work with other jurisdictions to progress this harmonisation.
Timeliness
Timeliness is an important component of good regulatory practice. I expect you to reduce the time taken for key decisions as far as quality, resourcing and due process allow. I also expect that you will improve the availability of online services and simplify processes, where possible, to reduce regulatory burden for individuals and businesses to complete forms and applications and streamline collecting and processing information. The improvements arising should be reported in your annual report.
I expect youto clearly communicate timelines for its processes to individuals and businesses, to reduce uncertainty and avoid duplication. As far as it is practical, I expect that you will align these timelines with other regulators where appropriate.
In developing actions to achieve these improvements and targets, DEDJTR is expected to consult with business and the broader community as appropriate.
DEDJTR’s compliance framework
I understand that DEDJTR has completed the regulatory model project, which focussed on achieving efficient regulation and delivering a consistent regulatory approach. I expect that you implement the following key elements, outlined below, to improve regulatory performance and ensure a consistent stakeholder experience:
Compliance principles
It is important that all DEDJTR regulators are consistent in the way in which they interact with the public. I expect all your regulatory staff to be:
- helpful
- respectful
- impartial
- proportionate
- predictable
- transparent
I also expect that you will measure your performance against these principles and report this to me within one year.
Risk-based compliance strategies
Regulatory outcomes for biosecurity, animal health and welfare and forest protest management can be improved by the use of risk-based regulatory strategies that focus activities where the risks are greatest. Consistent with my expectations for DEDJTR as a whole, I expect you to implement a risk-based approach to manage your compliance responsibilities. I expect that you will continue to ensure that a risk-based approach guides the delivery of regulatory outcomes and minimises impacts on small business while applying the lowest level of regulatory intervention required to achieve the outcomes sought.
I expect that you will use the most recent compliance strategy and risk assessment framework to prioritise monitoring, compliance and enforcement activities to ensure that resources are directed towards the areas of highest risk and that impact on small businesses are minimised.
Regulator performance monitoring
I expect you to develop a mechanism for providing quality assurance, accountability and oversight of regulatory activity, consistent with recommendations from the Victorian Auditor-General’s Office in recent performance audits. I expect you to use performance monitoring to document how you meet your regulatory obligations and achieve compliance objectives and that this be integrated into the Biosecurity Evidence Framework.I expect that implementing performance monitoring includes mechanisms for collecting accurate quantitative and qualitative performance information; data management and analysis; assessment and reporting of the appropriateness, effectiveness and efficiency of compliance activities; and a regime for publishing compliance information and performance reporting.
Reporting
I expect that DEDJTR will respond to this Statement, describing how it intends to achieve the performance improvements outlined above. This response should include details of the specific targets, activities and a clear timetable for these to be achieved.
Reporting on your progress in achieving performance targets should be undertaken in the context of annual financial reporting to avoid dual reporting streams. As a part of annual reporting, regulators are expected to report on:
- current Budget Paper 3 (BP3) measures for Agriculture Victoria Biosecurity
- activities to be undertaken to reach the performance targets and improvements set in this Statement.
I expect that you will plan to meet the improvements I have requested and that these will be outlined in your response to this Statement and relevant business and compliance plans. I also expect you to publically report on how you met these improvements in your annual report and on the department’s website.
I look forward to seeing DEDJTR continuously working towards achieving best practice in the administration and enforcement of regulation.
Yours sincerely
Hon Jaala Pulford MP
Minister for Agriculture
Date: //
1