Minister for
Agriculture and Food Security
Ref:
MBR024972
File:
“*MBR024972*”
8 Nicholson Street
East Melbourne Victoria 3002
Australia
PO Box 500
East Melbourne Victoria 8002
Australia
Telephone: +61 3 9637 9940
Facsimile: +61 3 9637 8254
DX 210098
Mr Adam Fennessy
Secretary
Department of Environment and Primary Industries
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:
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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
Privacy Statement
Any personal information about you or a third party in your correspondence will be protected under the provisions
of the Information Privacy Act 2000. It will only be used or disclosed to appropriate Ministerial, Statutory Authority,
or departmental staff in regard to the purpose for which it was provided, unless required or authorised by law. Enquiries
about access to information about you held by the Department should be directed to the Privacy Coordinator,
Department of Environment and Primary Industries, PO Box 500, East Melbourne, Victoria 8002.
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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:
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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:
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helpful
respectful
proportionate
predictable
clear
transparent
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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.
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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:
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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
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