Aboriginal Affairs Victoria1
PART A
Section 1 – Legislative Framework
Objectives
To recognise, protect and conserve Aboriginal cultural heritage in Victoria in ways that are
based on respect for Aboriginal knowledge and cultural and traditional practices.
To recognise Aboriginal people as the primary guardians, keepers and knowledge holders of
Aboriginal cultural heritage.
To accord appropriate status to Aboriginal people with traditional or familial links with
Aboriginal cultural heritage in protecting that heritage.
To promote the management of Aboriginal cultural heritage as an integral part of land and
natural resource management.
To promote public awareness and understanding of Aboriginal cultural heritage in Victoria.
To establish an Aboriginal cultural heritage register to record Aboriginal cultural heritage.
To establish processes for the timely and efficient assessment of activities that have the
potential to harm Aboriginal cultural heritage.
To promote the use of agreements that provide for the management and protection of
Aboriginal cultural heritage.
To establish mechanisms that enable the resolution of disputes relating to the protection of
Aboriginal cultural heritage.
To provide appropriate sanctions and penalties to prevent harm to Aboriginal cultural heritage.
Enabling Acts and Regulations
Aboriginal Heritage Act 2006

Aboriginal Heritage Regulations 2007
Aboriginal Lands Act 19702
Aboriginal Lands Act 19913
Total number of Acts
3
Total number of Regulations
1
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
0
Not legislated
0
Number
Form
Many
Hardcopy and Electronic
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
No
Outcome measures integrated into internal planning processes
Yes
Frequency of public reporting
Annual
External data sources/audit
No
Timeliness of regulatory processes
No
Number of key activities (e.g. returns processed, appeals considered etc.)
No
ABORIGINAL AFFAIRS VICTORIA
35
Public reporting of key performance indicators
Reported
Allocation of resources across regulatory functions
No
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
No
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
No
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
Not
applicable
Risk based enforcement strategy
Yes
Enforcement strategy is published
No
Timeliness of regulatory process
Legally
binding time
limit
Target time
period for
processing
applications
Permit to disturb or
excavate land to
uncover or discover
Aboriginal cultural
heritage
No
40-50 days
Approximately
50 days
40-50 days
Permit to carry out
scientific research on
Aboriginal cultural
heritage
No
40-50 days
Approximately
30 days
40-50 days
Permit to harm
Aboriginal cultural
heritage
No
40-50 days
Approximately
60 days
40-50 days
Permit to buy or sell an
Aboriginal object
No
40-50 days
Approximately
60 days
40-50 days
Permit to remove an
Aboriginal object from
Victoria
No
40-50 days
None
40-50 days
Secretary to evaluate a
Cultural Heritage
Management Plan
30 days
30 days
27 days
30 days
Type of activity
Actual time to
process
applications
Expected
processing
time advised
to business
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
No
On-line renewal of licences/permits etc.
No
On-line payment
No
On-line access to information on lodging complaints about regulated firms/
professionals
36
Not
applicable
VICTORIAN REGULATORY SYSTEM 2013
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
No
Formal agreement with other Victorian agency/regulator
No
Formal agreement with Commonwealth agency/regulator
No
Section 3 – Structure
Governance structure
Governing body
Business unit of Department of Premier and
Cabinet (DPC)
Method of appointment
By delegation from Secretary, DPC
Number of members of governing body
Not applicable
Responsible Minister
Minister for Aboriginal Affairs
Department supporting Minister
DPC
Composition
Composition of governing body legislated
No
Not
applicable
Stakeholder representatives present on governing body
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations
No
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
Complaints about regulated firms/
professionals
2009-10
2010-11
2011-12
0
0
0
27
22
26
Disciplinary actions/prosecutions
commenced
1
0
0
Penalties imposed
1
1
0
Investigations
Other operational information
No. of staff (EFT)4
No. of licensed/registered parties at
financial year end
Revenue from licences/registration
($ million)
Total expenditure ($ million)
ABORIGINAL AFFAIRS VICTORIA
2009-10
2010-11
2011-12
91
89
80
9
9
9
Not
applicable
19.8
Not
applicable
22.9
Not
applicable
24.9
37
Permit’s, licences, approvals, certification and registration activity
Number
issued/
renewed
(2011-12)
Proportion
lodged
electronically
(%)
Duration/
frequency
Requirements
set by
Fees set by
Permit to disturb
or excavate
land to uncover
or discover
Aboriginal
cultural heritage
Per
excavation
Regulations
8 fee units
2
Not
available
Permit to carry
out scientific
research on
Aboriginal
cultural heritage
Per research
Regulations
8 fee units
2
Not
available
Permit to harm
Aboriginal
cultural heritage
Per activity
Regulations
46 fee units
16
Not
available
Permit to buy or
sell an Aboriginal
object
Per
purchase or
sale
Regulations
13 fee units
0
Not
available
Permit to
remove an
Aboriginal
object from
Victoria
Per removal
Regulations
13 fee units
0
Not
available
Per Plan
Act
0
Type of activity
Secretary to
evaluate a
Cultural Heritage
Management
Plan
Registered
Aboriginal Party
evaluate a
Cultural Heritage
Management
Plan
Per Plan
Act
Total
269
Various
regulated
fees go
directly to
the
Registered
Aboriginal
Party
175
100
Not
available
464
Contact details:
Office of Aboriginal Affairs Victoria
GPO Box 2392
MELBOURNE VIC 3001
Phone:
9208 3290
Email:
aboriginal.affairs@dpc.vic.gov.au
Internet:
www.dpcd.vic.gov.au/aav
38
VICTORIAN REGULATORY SYSTEM 2013
1
Regulatory activity mainly relates to the heritage responsibilities of the work conducted by the Office
of Aboriginal Affairs Victoria (OAAV). A significant portion of this involves evaluating ‘cultural heritage
management plans’ (when there is no relevant registered Aboriginal party) and ‘Cultural Heritage
Permits’. OAAV's work also involves developing and delivering policy, programs and services that
address Indigenous aspirations for land and cultural resources, increase understanding and respect for
Indigenous culture within the broader community and promote Indigenous community control of the
protection and management of Indigenous heritage and cultural property. When OAAV does
undertake regulatory enforcement activities, work often involves negotiating agreements so that
enforcement activity is not required.
2
This Act is administered by OAAV, however there are no regulatory activities derived from this
legislation.
3
This Act is administered by OAAV, however there are no regulatory activities derived from this
legislation.
4
The staff and budget information relates to the whole of OAAV operations and programs. About 35
staff operate in the regulatory framework around Aboriginal cultural heritage.
ABORIGINAL AFFAIRS VICTORIA
39
Animal, Plant and Chemical Operations
Branch
PART A
Section 1 – Legislative Framework
Objectives
To minimise the impact of plant pests and diseases on Victorian plant industries, with the aim of
maintaining and expanding domestic and overseas markets.
Enabling Acts and Regulations
Drugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2008
Plant Biosecurity Act 2010

Plant Biosecurity Regulations 2012
Total number of Acts
2
Total number of Regulations
2
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
0
Not legislated
2
Number
16
Form
Hardcopy and electronic
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
No
Outcome measures integrated into internal planning processes
Yes
Frequency of public reporting
No
External data sources/audit
No
Timeliness of regulatory processes
Yes1
Number of key activities (e.g. returns processed, appeals considered etc.)
Yes2
Allocation of resources across regulatory functions
No
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
No
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
No
40
VICTORIAN REGULATORY SYSTEM 2013
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
Yes
Risk based enforcement strategy
Yes
Enforcement strategy is published
Yes3
Timeliness of regulatory process
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
No
Less than
1 day
Less than
1 day
Less than
1 day
Co-regulation/
accreditation facilitating
movement of plants and
plant products
No
Less than
2 weeks
Less than
2 weeks
Less than
2 weeks
Permits to move
specified plants and
plant products into or
out of control areas, into
Restricted Areas, or into
Victoria
No
No
1 day
1 day
Permit to cultivate,
possess and process low
THC cannabis
No
No
Not
Applicable
Not
Applicable
Type of activity
Legally
binding time
limit
Plant health certificates
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
No
On-line renewal of licences/permits etc.
No
On-line payment
No
On-line access to information on lodging complaints about regulated firms/
professionals
No
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
No
Formal agreement with other Victorian agency/regulator
No
Formal agreement with Commonwealth agency/regulator
Yes4
Section 3 Structure
Governance structure
Governing body
Internal Unit of the Department of Environment
and Primary Industries (DEPI)
Method of appointment
Not applicable
Number of members of governing body
Not applicable
Responsible Minister
Minister for Agriculture and Food Security
Department supporting Minister
DEPI
ANIMAL, PLANT AND CHEMICAL OPERATIONS BRANCH
41
Composition
Composition of governing body legislated
No
Stakeholder representatives present on
governing body
Not Applicable
Ministerial Statement of Expectations
Publicly available ministerial statement of
expectations
Yes
Date of agreement
27 October 2011
Most recent review/revision
27 October 2011
Link
www.dpi.vic.gov.au/aboutus/legislation/ministerial-statements-ofexpectations/soe-for-biosecurity-victoria
Public reporting of performance against
statement of expectations
Yes
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
2009-10
2010-11
2011-12
Complaints about regulated firms/
professionals
40
58
90
Investigations
38
57
89
Disciplinary actions/prosecutions
commenced
30
14
57
4
9
8
Penalties imposed
Other operational information
2009-10
2010-11
2011-12
49
49
25
No. of licensed/registered parties at
financial year end
Not
applicable
Not
applicable
Not
applicable
Revenue from licences/registration
($ million)
Not
applicable
Not
applicable
Not
applicable
No. of staff (EFT)
Total expenditure ($ million)
42
5.6
5.4
4.1
VICTORIAN REGULATORY SYSTEM 2013
Permits, licences, approvals, certification and registration activity
Fees set by
Number
issued/
renewed
(2011-12)
Act/
Regulations/
Orders
Order
>10 000
Not
available
1 year
Act
Order
2935
Not
available
Permits to move
specified plants
and plant
products into or
out of control
areas, into
Restricted Areas,
or into Victoria
1 year or per
consignment
Act/Order
Not
applicable
>1200
Not
available
Permit to
cultivate,
possess and
process low THC
cannabis
Up to 3 years
Act
Regulations
0
Not
available
Duration/
frequency
Requirements
set by
Per
consignment
Co-regulation/
accreditation
facilitating
movement of
plants and plant
products
Type of activity
Plant health
certificates
Total
Proportion
lodged
electronically
>14 000
Contact details:
Animal, Plant and Chemical Operations Branch
PO Box 2500
BENDIGO DC VIC 3554
Phone:
136 186
Email:
customer.service@dpi.vic.gov.au
Internet:
www.dpi.vic.gov.au
1
Response within 24 hours to pest and disease incidents.
2
Plant pest/disease control plans maintained to assist industry.
3
Refer to the Department of Environment and Primary Industries’ overall enforcement policy. See
www.dpi.vic.gov.au
4
Memorandum of understanding on animal and plant quarantine measures; Commonwealth and all
States and Territories (21 December 1995), Memorandum of understanding on Interstate Certification
Assurance; Commonwealth and all States and Territories (6 August 1999).
ANIMAL, PLANT AND CHEMICAL OPERATIONS BRANCH
43
Architects Registration Board of Victoria
PART A
Section 1 – Legislative Framework
Objectives
To register architects.
To approve architectural companies and partnerships.
To regulate the professional conduct of architects.
To provide a procedure for handling complaints against architects.
To control the title ‘architect’ and the phrases 'architectural services', 'architectural design
services' or 'architectural design' in relation to the design of buildings or parts of buildings or the
preparation of plans, drawings or specifications for buildings or parts of buildings.
Enabling Acts and Regulations
Architects Act 1991

Architects Regulations 2004
Total number of Acts
1
Total number of Regulations
1
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
11
Not legislated
12
Number
Many
Form
Hardcopy and electronic
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
Yes
Outcome measures integrated into internal planning processes
Yes
Frequency of public reporting
Annual
External data sources/audit
Yes
Timeliness of regulatory processes
Yes
Number of key activities (e.g. returns processed, appeals considered etc.)
Yes
Allocation of resources across regulatory functions
Yes
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
No
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
No
44
VICTORIAN REGULATORY SYSTEM 2013
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
Yes3
Risk based enforcement strategy
Yes
Enforcement strategy is published
Yes
Timeliness of regulatory process
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
Architect Registration
No
30 days
Not reported
No
Registration of an
Architectural Partnership
or Company
No
30 days
Not reported
No
Type of activity
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
Yes
On-line renewal of licences/permits etc.
No
On-line payment
No
On-line access to information on lodging complaints about regulated firms/
professionals
Yes
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
No
Formal agreement with other Victorian agency/regulator
No
Formal agreement with Commonwealth agency/regulator
No
Section 3 – Structure
Governance structure
Governing body
Board
Method of appointment
2 by election of architects, 1 by nomination of
schools of architecture, 1 by nomination of the
Australian Institute of Architecture, 2 by
nomination of the building industry, 2 by
nomination of the Minister of Consumer Affairs,
1 by nomination of the allied professions, and 1 by
nomination of the Senior Government Architect.
Number of members of governing body
10
Responsible Minister
Minister for Planning
Department supporting Minister
Department of Transport, Planning and Local
Infrastructure
Composition
Composition of governing body legislated
Yes
Stakeholder representatives present on governing body
Yes
ARCHITECTS REGISTRATION BOARD OF VICTORIA
45
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations
No
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
2009-10
2010-11
2011-12
5
13
10
24
29
31
Disciplinary actions/prosecutions
commenced
3
3
0
Penalties imposed
2
3
0
Complaints about regulated firms/
professionals
Investigations
Other operational information
2009-10
No. of staff (EFT)
2010-11
3.8
No. of licensed/registered parties at
financial year end
2011-12
3.6
4185
3.6
4309
4513
Revenue from licences/registration
($ million)
0.74
1.10
1.27
Total expenditure ($ million)
1.12
1.27
1.24
Permits, licences, approvals, certification and registration activity
Fees set by
Number
issued/
renewed
(2011-12)
Act/
Regulations
Regulations
316
Not
available
Act/
Regulations
Regulations
58
Not
available
Duration/
frequency
Requirements
set by
Architect
registration
Annual
Registration of
an Architectural
Partnership or
Company
Annual
Type of activity
Total
Proportion
lodged
electronically
374
Contact details:
Architects Registration Board of Victoria
Level 7, 372 Albert Street
EAST MELBOURNE VIC 3002
Phone:
9417 4444
Email:
registrar@arbv.vic.gov.au
Internet:
www.arbv.vic.gov.au
1
Professional Conduct Regulations
2
The Australian Institute of Architects has a Code of Practice that governs members only.
3
Magistrates Court
46
VICTORIAN REGULATORY SYSTEM 2013
Automotive Alternative Fuels Registration
Board
PART A
Section 1 – Legislative Framework
Objectives
To register businesses and accredit individuals to carryout Liquid Petroleum Gas (LPG),
Compressed Natural Gas (CNG) and Liquified Natural Gas (LNG) conversions on motor
vehicles in Victoria and to ensure that they (the conversions) are carried out in accordance
with the relevant Australian Standards.
Enabling Acts and Regulations
Road Safety Act 1986

Road Safety (Vehicles) Regulations 2009
Total number of Acts
1
Total number of Regulations
1
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
0
Not legislated
3
Number
31
Form
Hardcopy and electronic
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
No
Outcome measures integrated into internal planning processes
No
Frequency of public reporting
No
External data sources/audit
No
Timeliness of regulatory processes
No
Number of key activities (e.g. returns processed, appeals considered etc.)
No
Allocation of resources across regulatory functions
No
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
Yes
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
No
AUTOMOTIVE ALTERNATIVE FUELS REGISTRATION BOARD
47
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
No
Risk based enforcement strategy
Yes
Enforcement strategy is published
Yes
Timeliness of regulatory process
Type of activity
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
LPG Business Application
No
No
Up to 14 days
30 days
CNG Business
Application
No
No
Up to 14 days
30 days
CNG Accreditation
No
No
Up to 14 days
30 days
LNR Registered Business
No
No
Up to 14 days
30 days
LNA Accreditation
No
No
Up to 14 days
30 days
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
No
On-line renewal of licences/permits etc.
Yes
On-line payment
Yes
On-line access to information on lodging complaints about regulated firms/
professionals
Yes
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
Yes2
Formal agreement with other Victorian agency/regulator
No
Formal agreement with Commonwealth agency/regulator
No
Section 3 – Structure
Governance structure
Governing body
Automotive Alternative Fuels Registration Board
(AAFRB)
Method of appointment
Established under the Vehicles Standards
Information Sheet No. 27
Number of members of governing body
6
Responsible Minister
Minister for Transport and Roads
Department supporting Minister
Department of Transport (VicRoads)
Composition
Composition of governing body legislated
No
Stakeholder representatives present on governing body
No
48
VICTORIAN REGULATORY SYSTEM 2013
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations
No
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
2009-10
2010-11
2011-12
Complaints about regulated firms/
professionals
107
65
35
Investigations
107
65
35
Disciplinary actions/prosecutions
commenced
3
2
0
Penalties imposed
3
2
0
Other operational information
2009-10
No. of staff (EFT)
No. of licensed/registered parties at
financial year end
2010-11
2011-12
4
4
4
2460
2619
2546
Revenue from licences/registration
($ million)
1.012
0.886
0.556
Total expenditure ($ million)
1.115
1.192
0.814
Permits, licences, approvals, certification and registration activity
Number
issued/
renewed
(2011-12)
Proportion
lodged
electronically
Duration/
frequency
Requirements
set by
Fees set by
LPG Business
Registration
Annual
AAFRB
AAFRB
592
2%
CNG Business
Registration
Annual
AAFRB
AAFRB
8
2%
CNG
Accreditation
Annual
AAFRB
AAFRB
3
2%
LPG
Accreditation
Annual
AAFRB
AAFRB
1893
2%
LNR Registered
Business
Annual
AAFRB
AAFRB
24
2%
LNA Registered
Business
Annual
AAFRB
AAFRB
26
2%
Type of activity
Total
AUTOMOTIVE ALTERNATIVE FUELS REGISTRATION BOARD
2546
49
Contact details:
Automotive Alternative Fuels Registration Board
5th Floor
464 St Kilda Road
MELBOURNE VIC 3004
Phone:
9862 6700
Email:
aafrb@aafrb.com.au
Internet:
www.aafrb.com.au
1
Australian Standards AS/NZS 1426-2007, AS/NZS2739-2003, AS2746-2008
2
Road Safety Act: VicRoads
50
VICTORIAN REGULATORY SYSTEM 2013
Building Commission
PART A
Section 1 – Legislative Framework
Objectives
To regulate for a safe, liveable and sustainable built environment
Enabling Acts and Regulations
Building Act 1993

Building Regulations 2006
Additional Administered Acts and Regulations
Building and Construction Industry Security of Payment Act 2002

Building and Construction Industry Security of Payment Regulations 2003
Total number of Acts
2
Total number of Regulations
2
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
0
Not legislated
2
Number
Form
95
Hardcopy and electronic
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
Yes1
Outcome measures integrated into internal planning processes
Yes
Frequency of public reporting
Annual
External data sources/audit
Yes
Timeliness of regulatory processes
No
Number of key activities (e.g. returns processed, appeals considered etc.)
Yes2
Allocation of resources across regulatory functions
No
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
Yes3
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
No
BUILDING COMMISSION
51
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
Yes4
Risk based enforcement strategy
Yes5
Enforcement strategy is published
Yes6
Timeliness of regulatory process
Type of activity
Legally
binding time
limit
Certificate of consent
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
28 days
21days
Not recorded
No
Commercial builder
No
28 days
Not recorded
No
Demolition builder
No
28 days
Not recorded
No
Domestic builder
No
56 days
Not recorded
No
Building inspector
No
28 days
Not recorded
No
Building surveyor
No
28 days
Not recorded
No
Draftsperson
No
28 days
Not recorded
No
Engineer
No
28 days
Not recorded
No
Quantity surveyor
No
28 days
Not recorded
No
Temporary structures
erector
No
28 days
Not recorded
No
Building product
No
No
Not applicable
No
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
Yes
Yes licences
No permits
On-line renewal of licences/permits etc.
On-line payment
Yes
On-line access to information on lodging complaints about regulated firms/
professionals
Yes
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
Yes7
Formal agreement with other Victorian agency/regulator
Yes8
Not
applicable
Formal agreement with Commonwealth agency/regulator
Section 3 – Structure
Governance structure
Governing body
Commission9
Method of appointment
Ministerial appointment
Number of members of governing body
1 (Commissioner)
Responsible Minister
Minister for Planning
Department supporting Minister
Department of Planning and Community
Development
52
VICTORIAN REGULATORY SYSTEM 2013
Composition
Composition of governing body legislated
Not
applicable
Stakeholder representatives present on governing body
Not
applicable
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations
No
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
2009-10
2010-11
2011-12
Complaints about regulated firms/
professionals
629
652
619
Investigations
586
652
619
Disciplinary actions/prosecutions
commenced
49
24
40
Penalties imposed
35
85
99
2009-10
2010-11
2011-12
115
125
120
Other operational information
No. of staff (EFT)
No. of licensed/registered parties (at
financial year end)
24 199
Revenue from licences/registration
($ million)
Total expenditure ($ million)
Not supplied
Not supplied
2.2
2.3
2.4
26.6
28.4
29.6
Permits, licences, approvals, certification and registration activity
Number
issued/
renewed
(2011-12)
Proportion
lodged
electronically
Duration/
frequency
Requirements
set by
Certificate of
consent
3 years
Act/
Regulations
Building
Regulations
2006
8041
Not
applicable
Commercial
builder
Annual
Act/
Regulations
Ministers
Guidelines
4461
Not
applicable
Demolition
builder
Annual
Act/
Regulations
Ministers
Guidelines
289
Not
applicable
Domestic builder
Annual
Act/
Regulations
Ministers
Guidelines
14 837
Not
applicable
Building
inspector
Annual
Act/
Regulations
Ministers
Guidelines
562
Not
applicable
Building surveyor
Annual
Act/
Regulations
Ministers
Guidelines
568
Not
applicable
Type of activity
BUILDING COMMISSION
Fees set by
53
Permits, licences, approvals, certification and registration activity
Number
issued/
renewed
(2011-12)
Proportion
lodged
electronically
Duration/
frequency
Requirements
set by
Fees set by
Draftsperson
Annual
Act/
Regulations
Ministers
Guidelines
2346
Not
applicable
Engineer
Annual
Act/
Regulations
Ministers
Guidelines
2026
Not
applicable
Quantity
surveyor
Annual
Act/
Regulations
Ministers
Guidelines
123
Not
applicable
Temporary
structures
erector
Annual
Act/
Regulations
Ministers
Guidelines
126
Not
applicable
Variable
Act/
Regulations
Not
applicable
Not
applicable
Not
applicable
Type of activity
Building product
Total
33 379
Contact details:
Building Commission
PO Box 536
MELBOURNE VIC 3001
Phone:
1300 815 127
Internet:
www.buildingcommission.com.au
1
Practitioner conduct inquiries, prosecutions, resolution of disputes.
2
Building permits, disputes and appeals, practitioner and levy collection.
3
Registered building practitioner awareness among consumers and non-registered practitioners and
annual domestic consumer survey.
4
CAV, WorkCover, Victoria Police.
5
Enforcement strategy is primarily reactive/complaints based, practitioner performance audits are
proactive and risk based.
6
www.buildingcommission.com.au
7
Major Domestic Building Contract Act: administered by Consumer Affairs Victoria- the Building
Commission provides assistance.
8
Memorandum of Understanding: Department of Innovation, Industry and Regional Development
(2008)
9
The governing body of the Building Commission consists of only one member, the Commissioner.
However, the Building Regulations Advisory Council has stakeholder representation.
54
VICTORIAN REGULATORY SYSTEM 2013
Bureau of Animal Welfare1
PART A
Section 1 Legislative Framework
Objectives
To regulate the use of animals in research and testing.
To develop legislation, standards and codes of practice to prevent cruelty to animals.
To develop legislation and codes of practice to protect the community from feral and
nuisance dogs and cats, identify owners of dogs and cats, regulate dangerous dog ownership
and to regulate domestic animal businesses.
To regulate the microchip industry and data records of cats, dogs and horses.
To regulate the management and care of cats and dogs by Council pounds and animal
shelters.
To develop legislation to regulate the impounding of livestock and the agistment of horses.
Enabling Acts and Regulations
Domestic Animals Act 1994

Domestic Animals Regulations 2005
Impounding of Livestock Act 1994

Impounding of Livestock Regulations 2008
Prevention of Cruelty to Animals Act 1986


Prevention of Cruelty to Animals Regulations 2008
Prevention of Cruelty to Animals (Domestic Fowl) Regulations 2006
Total number of Acts
3
Total number of Regulations
4
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
342
Not legislated
73
Number
Form
304
Hardcopy and electronic
Section 2 Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
Yes
Outcome measures integrated into internal planning processes
Yes
Frequency of public reporting
Annual5
External data sources/audit
Yes
Timeliness of regulatory processes
No
Number of key activities (e.g. returns processed, appeals considered etc.)
No
Allocation of resources across regulatory functions
No
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
No
BUREAU OF ANIMAL WELFARE
55
Public reporting of key performance indicators
Reported
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
No
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
Yes6
Risk based enforcement strategy
Yes
Enforcement strategy is published
No
Timeliness of regulatory process
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
Scientific procedures
premises licence
No
No
15 days
30 days
Scientific procedures
field work licence
No
No
15 days
30 days
Specified animals
breeding licence
No
No
15 days
30 days
Licensed Microchip
Registries
No
No
21 days
30 days
Registered Council
Businesses
No
No
21 days
30 days
Type of activity
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
No
On-line renewal of licences/permits etc.
No
On-line payment
No
On-line access to information on lodging complaints about regulated firms/
professionals
Yes
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
Yes
Formal agreement with other Victorian agency/regulator
Yes7
Formal agreement with Commonwealth agency/regulator
No
56
VICTORIAN REGULATORY SYSTEM 2013
Section 3 – Structure
Governance structure
Governing body
Internal unit of the Department of Environment
and Primary Industries (DEPI)
Method of appointment
Not applicable
Number of members of governing body
Not applicable
Responsible Minister
Minister of Agriculture and Food Security
Department supporting Minister
DEPI
Composition
Composition of governing body legislated
No
Not
applicable
Stakeholder representatives present on governing body
Ministerial Statement of Expectations
Publicly available ministerial statement of
expectations
Yes
Date of agreement
27 October 2011
Most recent review/revision
27 October 2011
Link
www.dpi.vic.gov.au/aboutus/legislation/ministerial-statements-ofexpectations/soe-for-biosecurity-victoria
Public reporting of performance against
statement of expectations
Yes
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
Complaints about regulated firms/
professionals
2009-10
2010-11
2011-12
0
1
1
1
35
45
1
24
12
3
40
57
Disciplinary actions/prosecutions
commenced
0
1
1
Penalties imposed
0
0
1
Investigations
Audits of scientific licences
Audits of microchip registries, implanters,
pounds and domestic animal
Other operational information
2009-10
2010-11
2011-12
3.1
3.1
2.2
No. of staff (EFT)

General
BUREAU OF ANIMAL WELFARE
57
Other operational information
2009-10
2010-11
2011-12

Component relating Part 3 of the
Prevention of Cruelty to Animals
Act (POCTAA)
2.4
2.5
2.4

Domestic Feral and Nuisance
Animals Act
7.1
8.0
8.7

Impounding of Livestock Act
0.2
0.2
0.2
No. of licensed/registered parties at
financial year end

General
187
188
194

Component relating Part 3 of the
POCTAA
163
183
189
Revenue from licences / registration
($ million)

General
0.10
0.15
0.11

Component relating to Part 3 of the
POCTAA
0.10
0.14
0.10
Total expenditure ($ million)
3.0
3.1
3.6
Bureau total budget ($ million)
3.4
3.4
3.7
Permits, licences, approvals, certification and registration activity
Fees set by
Number
issued/
renewed
(2011-12)
Act/
Regulations
Regulations
42
Not
available
1 -3 years
Act/
Regulations
Regulations
24
Not
available
Specified Animal
Breeding licence
1-3 years
Act/
Regulations
Regulations
2
Not
available
Licensed
Microchip
Registries
1-3 years
Act/
Regulations
Regulations
0
Not
available
Registered
Council
Businesses
1 year
Act/
Regulations
Regulations
1
Not
available
Duration/
frequency
Requirements
set by
Scientific
procedures
premises licence
1-3 years
Scientific
procedures field
work licence
Type of activity
Total
Proportion
lodged
electronically
69
Contact details:
Bureau of Animal Welfare
475 Mickleham Road
ATTWOOD VIC 3049
Phone:
9217 4200
Email:
animal.welfare@depi.vic.gov.au
Internet:
www.dpi.vic.gov.au/animalwelfare
58
VICTORIAN REGULATORY SYSTEM 2013
1
The Bureau of Animal Welfare is a part of Biosecurity Victoria in the Department of Environment and
Primary Industries (DEPI).
2
There are 34 codes of practice - 28 under the Prevention of Cruelty to Animals Act 1986 (POCTAA) (3
codes mandatory under Part 2, 3 codes mandatory under Part 3), and 6 mandatory under the
Domestic (Feral and Nuisance) Animals Act 1994 (DFNAA). Livestock Management Regulated welfare
Standards and Guidelines now replace livestock transport codes and the pig code.
3
There are six quality assurance programs in major livestock sectors — dairy, poultry broilers, poultry
layers, pigs, livestock transport drivers and abattoirs. There is one quality assurance program for pet
shops that are members of Pet Industry Association. All are voluntary to join and most producers are
not members.
4
Advisory notes are usually developed along with the legislation and then circulated to all primary
stakeholders. They are reviewed periodically often in response to practical experience in their
implementation. Examples include the Restricted Breed Dog Guidelines booklet, instructions for
appeals, guidelines for councils to implement cat and dog control legislation, liens in horses, rodeo
requirements and instructions to vets, stock contractors and permit holders.
5
As part of Biosecurity Victoria’s annual reporting processes. The results of which are included in the
DEPI Annual Report.
6
Enforcement of Part 2 of the Prevention of Cruelty to Animals Act is delegated to the DEPI Bio-security
Division Animal Plant and Chemicals Operations Branch, the Royal Society for the Prevention of
Cruelty to Animals (RSPCA), local government and Victoria Police. Enforcement of the DFNAA is
delegated to local government Councils except for the Licensing of Registries and Council’s
own44Domestic Animal Businesses which is administered by DEPI Bureau of Animal Welfare.
7
Memorandum of Understanding with the Royal Society for the Prevention of Cruelty to Animals
BUREAU OF ANIMAL WELFARE
59
Business Licensing Authority
PART A
Section 1 – Legislative Framework
Objectives
To ensure that only eligible individuals and businesses enter the relevant industries.
To screen entrants into these industries on a range of grounds aimed primarily at promoting
consumer protection.
To provide access to accurate public registers and information on licensing.
Enabling Acts and Regulations
Business Licensing Authority Act 1998
Additional Administered Acts and Regulations
Australian Consumer Law and Fair Trading Act 2012 (permission applications re debt collectors
and introduction agents)
Conveyancers Act 2006

Conveyancers (Professional Conduct and Trust Account and General) Regulations 2008

Conveyancers (Qualifications, Experience and Fees) Regulations 2008
Estate Agents Act 1980

Estate Agents (Contracts) Regulations 2008

Estate Agents (Education) Regulations 2008

Estate Agents (Exemption) Regulations 2005

Estate Agents (Fees) Regulations 2007

Estate Agents (General, Accounts and Audit) Regulations 2008

Estate Agents (Professional Conduct) Regulations 2008

Estate Agents (Retirement Villages) Regulations 2006
Motor Car Traders Act 1986

Motor Car Traders Regulations 2008
Owners Corporations Act 2006

Owners Corporations Regulations 2007
Sex Work Act 1994

Sex Work Regulations 2006

Sex Work (Fees) Regulations 2004
Second-Hand Dealers and Pawnbrokers Act 1989

Second-Hand Dealers and Pawnbrokers Regulations 2008

Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2006
Travel Agents Act 1986

Travel Agents Regulations 2007
Total number of Acts
Total number of Regulations
60
9
16
VICTORIAN REGULATORY SYSTEM 2013
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
0
Not legislated
0
Number
14
Form
Hardcopy and electronic
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
Yes
Outcome measures integrated into internal planning processes
Yes1
Frequency of public reporting
Annual
External data sources/audit
No
Timeliness of regulatory processes
Yes
Number of key activities (e.g. returns processed, appeals considered etc.)
Yes
Allocation of resources across regulatory functions
No
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
Yes
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
No
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
Yes2
Risk based enforcement strategy
Not
applicable
Enforcement strategy is published
Not
applicable
Timeliness of regulatory process
Type of activity
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
Conveyancers
Not
applicable
35 days
27 days
4 to 6 weeks
Estate agents
Not
applicable
35 days
22 days
4 to 6 weeks
Estate agents
representatives
Not
applicable
Not
applicable
Not
applicable
Not
applicable
Motor car traders
Not
applicable
56 days
97 days
6 weeks
Owners Corporation
Managers
Not
applicable
7 days
8 days
7 days
Sex work service
providers
Not
applicable
175 days
180 days
6 months
BUSINESS LICENSING AUTHORITY
61
Timeliness of regulatory process
Type of activity
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
Brothel Managers
Not
applicable
35 days
38 days
4 to 6 weeks
Second-Hand dealers
and Pawnbroker
endorsement
Not
applicable
30 days
37.5 days
4 to 6 weeks
Travel agents
Not
applicable
56 days
57 days
8 weeks
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
Yes
On-line renewal of licences/permits etc.
Yes
On-line payment
Yes
On-line access to information on lodging complaints about regulated firms/
professionals
Yes
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
Yes3
Formal agreement with other Victorian agency/regulator
Yes4
Formal agreement with Commonwealth agency/regulator
Yes5
Section 3 – Structure
Governance structure
Governing body
Authority is governed by a Chairperson and
Deputy Chairperson
Method of appointment
Governor-in-Council appoints Chairperson, and
Deputy Chairperson
Number of members of governing body
2
Responsible Minister
Minister for Consumer Affairs
Department supporting Minister
Department of Justice
Composition
Composition of governing body legislated
Yes
Stakeholder representatives present on governing body
No
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations
62
No
VICTORIAN REGULATORY SYSTEM 2013
Part B
Section 4 – Operational data
Other operational information
No. of staff
2009-10
2010-11
2011-12
4.6
4.6
4.6
(EFT)6
No. of licensed/registered parties at
financial year end
19 976
Revenue from licences/registration
($ million)
Total expenditure ($ million)7
19 885
7.6
Not
applicable
7.9
Not
applicable
20 156
8.4
Not
applicable
Permits, licences, approvals, certification and registration activity
Fees set by
Number
issued/
renewed
(2011-12)
Act/
Regulations
Regulations
69/603
Not
available
Estate agents
Perpetual
(annual
statement
and fee)
Act/
Regulations
Regulations
1104/9025
Not
available
Motor car
traders
Perpetual
(annual
statement
and fee)
Act/
Regulations
Regulations
168/1454
Not
available
Sex work service
providers
Perpetual
(annual
statement
and fee)
Act/
Regulations
Regulations
18/129
Not
available
Brothel
Managers
To be
renewed
every 3 years
Act/
Regulations
Regulations
187/921
Not
available
Exempt Providers
Perpetual
Act/
Regulations
No Fee
243/189
Not
available
Second-hand
dealers
Perpetual
Act/
Regulations
Regulations
354/3009
Not
available
Pawnbroker
endorsement
Perpetual
(Annual
statement
and fee)
Act/
Regulations
Act
Travel agents
Perpetual
(annual
statement
and fee)
Act/
Regulations
Regulations
59/556
Not
available
Owners
Corporation
Managers
Perpetual (PI
insurance,
annual
statement
and fee)
Act/
Regulations
Regulations
55/475
Not
available
Type of activity
Duration/
frequency
Conveyancers
Perpetual
(annual
statement)
Total
BUSINESS LICENSING AUTHORITY
Requirements
set by
1
Proportion
lodged
electronically
Not
available
2258/16 361
63
Contact details:
Business Licensing Authority
GPO Box 322B
MELBOURNE VIC 3001
Phone:
1300 135 452
Internet:
www.bla.vic.gov.au
1
Jointly with Consumer Affairs Victoria (CAV).
2
Consumer complaint and compliance and enforcement functions for each of the schemes are
undertaken by other bodies. The Business Licensing Authority (BLA) mainly refers complaints to CAV
and Victoria Police, depending on the scheme. While the BLA has the power to impose conditions or
restrictions, it does not have any of its own enforcement powers nor can it initiate disciplinary
proceedings before Victorian Civil and Administrative Tribunal (VCAT).
3
CAV: Conveyancers Act 2006, Estate Agents Act 1980, Motor Car Traders Act 1986, Owners
Corporations Act 2006, Sex Work Act 1994, Second-Hand Dealers and Pawnbrokers Act 1989, Travel
Agents Act 1986. Victoria Police: Sex Work Act 1994, Second-Hand Dealers and Pawnbrokers Act 1989.
4
Service agreement: Consumer Affairs Victoria (June 2010); Memorandum of Understanding: Legal
Services Board (December 2007)
5
Contract for provision of criminal history information: CrimTrac (July 2009)
6
This figure includes the BLA Registrar and executive support. Staffing within Licensing Branch of CAV,
which provides support to BLA are set out in CAV entry.
7
Expenditure across business licensing and registration schemes falls within CAV budget responsibility,
and is set out in CAV entry.
64
VICTORIAN REGULATORY SYSTEM 2013
Children’s Services1
PART A
Section 1 – Legislative Framework
Objectives
To provide for the licensing and regulation of children’s services under the Children’s Services
Act 1996 (Vic) and to approve and regulate education and care services that operate under
the Education and Care Services National Law (Vic) 2010 2.
To regulate the licensing, approval and operation of children’s services and education and
care services, to ensure that children being cared for or educated by children’s services are
safe, children’s developmental needs are met and their health and wellbeing is supported.
Additional Administered Acts and Regulations
Education and Care Services National Law Act 2010

Education and Care Services National Regulations
Children’s Services Act 1996

Children’s Services Regulations 2009
Total number of Acts
2
Total number of Regulations
2
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
0
Not legislated
4
Number
Form
Many3
Hardcopy and electronic
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
No
Outcome measures integrated into internal planning processes
No
Frequency of public reporting
Some
information
reported
annually
through
Australian
Children’s
Education and
Care Quality
Authority
(ACECQA)
External data sources/audit
No
Timeliness of regulatory processes
No
Number of key activities (e.g. returns processed, appeals considered etc.)
No
Allocation of resources across regulatory functions
No
CHILDREN’S SERVICES
65
Public reporting of key performance indicators
Reported
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
No
Indicators compared with interstate or similar Victorian bodies
Yes
Quantitative evaluation reported for regulatory initiatives/projects
No
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
Yes4
Risk based enforcement strategy
Yes
Enforcement strategy is published
No5
Timeliness of regulatory process
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
Victorian Law –
application for Approval
of Premises (to operate
a children’s service)
30 days6
Yes
Not reported
Yes
Victorian Law –
application for licence
(to operate a children’s
service)
30 days7
Yes
Not reported
Yes
Commonwealth Law –
Provider approval
60 days8
Yes
Not reported
Yes
Commonwealth Law –
Service approval for an
education and care
service
90 days9
Yes
Not reported
Yes
Commonwealth Law –
application for
supervisor certificate
60 days10
Yes
Not reported
Yes
Type of activity
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
No11
On-line renewal of licences/permits etc.
No
On-line payment
Yes12
On-line access to information on lodging complaints about regulated firms/
professionals
Yes
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
Yes13
Formal agreement with other Victorian agency/regulator
No
Formal agreement with Commonwealth agency/regulator
Yes
66
VICTORIAN REGULATORY SYSTEM 2013
Section 3 – Structure
Governance structure
Governing body
Department of Education and Early Childhood
Development (DEECD)
Method of appointment
Not applicable
Number of members of governing body
Not applicable
Responsible Minister
Minister for Children and Early Childhood
Development
Department supporting Minister
DEECD
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations
No14
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
2009-10
2010-11
2011-12
355
555
669
2442
2543
2858
Disciplinary actions/prosecutions
commenced
3
4
2
Penalties imposed
0
4
2
Complaints about regulated firms/
professionals
Investigations
Other operational information
No. of staff (EFT)
2009-10
2010-11
2011-12
70
70
113
2394
2405
50
452
428
423
1189
Not available
3532
No. of licensed/approved parties at
financial year end

Standard (Vic law only)

Limited Hours (Vic law only)

Centre-based

Outside school hours care




Not available
899
School holidays care
94
Not available
Family day care
21
106
123
Integrated (Vic law only)
Not available
275
1
Short term (Vic law only)
Not available
3
3
0.415
Revenue from licences/registration
($ million)
0.8
0.8
Total expenditure ($ million)
5.7
6.5
CHILDREN’S SERVICES
Not available
2
11.1
67
Permits, licences, approvals, certification and registration activity
Number
issued/
renewed
(2011-12)
Proportion
lodged
electronically
Duration/
frequency
Requirements
set by
Standard
Service Licence
Up to 5 years
Act/
Regulation
Regulation
106
Not
available
Limited Hours
Licences
(changed to
limited hours
licences on
25 May 2009)
Up to 5 years
Act/
Regulation
Regulation
207
Not
available
Short Term
Service Licences
Up to 1 year
Act/
Regulation
Regulation
4
Not
available
School Holidays
Care Licences
Up to 5 years
Act/
Regulation
Regulation
0
Not
available
Integrated
Licences
Up to 5 years
Act/
Regulation
Regulation
38
Not
available
Family Day Care
Service
Approvals
No specified
end date
(Annual Fee
applicable)
Act/
Regulation
Regulation
21
Not
available
Centre-Based
Service
Approvals
No specified
end date
(Annual Fee
applicable)
Act/
Regulation
Regulation
60
Not
available
Provider
Approvals
No specified
end date
Act/
Regulation
Regulation
38
Not
available
Supervisor
Certificate
No specified
end date
Act/
Regulation
2306
Not
available
Type of activity
Fees set by
Regulation
Total
2780
Contact details:
Children’s Services
GPO Box 4367
MELBOURNE VIC 3001
Phone:
9637 2000
Email:
edline@edumail.vic.gov.au
Internet:
www.education.vic.gov.au/earlychildhood
1
Since the implementation of the National Quality Framework (NQF) on 1 January 2012 the term
Children’s Services includes education and care services administered under National Law and
children’s services administered under Victorian law. The majority of children’s services in Victoria are
now regulated under National Law (i.e. Education and Care Services National Law Act 2010 and
Education and Care Services National Regulations). Children’s Services is located within the Early
Childhood and School Education Group in the DEECD.
2
The Australian Children’s Education and Care Quality Authority (ACECQA) guides the implementation
of the National Quality Framework for Early Childhood Education and Care nationally and promotes
consistency in delivery.
3
Guidelines for Imposing Administrative Actions and Statutory Sanctions; Monitoring and Compliance
Framework 2010; Prosecution Guidelines; ACECQA Operational Policy Manual for Regulatory
Authorities
68
VICTORIAN REGULATORY SYSTEM 2013
4
Victoria Police
5
Victorian Monitoring and Compliance Framework 2010 is not published however ACECQA
Operational Policy Manual for Regulatory Authorities in relation to education and care services is
available on the ACECQA website.
6
Additional 30 days if more information is required
7
Additional 30 days if more information is required
8
May be extended by up to 30 days with the agreement of the applicant
9
May be extended with the agreement of the applicant.
10
May be extended by up to 30 days with the agreement of the applicant
11
Under Victorian law, Children’s Services cannot change their address on-line. Providers of NQF
education and care services are able to submit application forms to change address details on-line.
12
Online payment is available only to providers and certified supervisors that are prescribed under the
National Law.
13
National Law only administered with the other jurisdictions. Victorian Law administered by Victoria.
14
ACECQA’s statement of expectations is publicly available on the ACECQA website:
www.acecqa.gov.au
15
Under National Law, providers are charged annual fees for their services payable on or before 1 July
each year. For 2011-2012 only, annual fees were not collected until August 2012 i.e. 2012-2013.
CHILDREN’S SERVICES
69
Consumer Affairs Victoria
PART A
Section 1 – Legislative Framework
Objectives
Consumer Affairs Victoria (CAV) is the State’s general consumer protection agency with the
vision of informed and responsible consumers and traders.
CAV’s four main goals in pursuing this vision are:
 Empowered consumers
 A competitive, fair and safe trading environment
 Protected vulnerable and disadvantaged consumers
 Optimised organisational capability
Enabling Acts and Regulations
Australian Consumer Law and Fair Trading Act 2012

Australian Consumer Law and Fair Trading Regulations 2012
Additional Administered Acts and Regulations
Associations Incorporation Reform Act 2012

Associations Incorporation Reform Regulations 2012
Business Licensing Authority Act 1998

Business Licensing Authority Regulations 2013
Business Names (Commonwealth Powers) Act 2011
Chattel Securities Act 19871

Chattel Securities (Purchase Price) Regulations 2008
Company Titles (Home Units) Act 2013
Consumer Credit Act 1995 (Vic)

Consumer Credit (Administration) Regulations 2006 (Vic)
Conveyancers Act 2006

Conveyancers (Professional Conduct and Trust Account and General) Regulations 2008

Conveyancers (Qualifications, Experience and Fees) Regulations 2008
Co-operatives Act 1996

Co-operatives Regulations 2008
Credit Act 1984

Credit Regulations 2004
Credit (Administration) Act 1984

Credit (Administration) Regulations 2004

Credit (Administration) (Committee) Regulations 2006
Credit (Commonwealth Powers) Act 2010
Domestic Building Contracts Act 19952

Domestic Building Contracts Regulations 2007
Estate Agents Act 1980

Estate Agents (Professional Conduct) Regulations 2008

Estate Agents (General, Accounts and Audit) Regulations 2008
70
VICTORIAN REGULATORY SYSTEM 2013
Additional Administered Acts and Regulations

Estate Agents (Contracts) Regulations 2008

Estate Agents (Education) Regulations 2008

Estate Agents (Exemption) Regulations 2005

Estate Agents (Retirement Villages) Regulations 2006

Estate Agents (Fees) Regulations 2007
Fire Services Levy Monitor Act 2012
Fundraising Act 1998

Fundraising Regulations 2009
Funerals Act 2006

Funerals (Infringements) Regulations 2011
Goods Act 1958

Goods (Revocation) Regulations 2004
Motor Car Traders Act 1986

Motor Car Traders Regulations 2008
Owners Corporations Act 2006

Owners Corporations Regulations 2007
Partnership Act 1958

Partnership (Limited Partnerships) Regulations 2003
Residential Tenancies Act 19973

Residential Tenancies Regulations 2008

Residential Tenancies (Rooming House Standards) Regulations 2012 4
Retirement Villages Act 1986

Retirement Villages (Contractual Arrangements) Regulations 2006

Retirement Villages (Records and Notices) Regulations 2005
Sale of Land Act 1962

Sale of Land Regulations 2005
Second-Hand Dealers and Pawnbrokers Act 1989

Second-Hand Dealers and Pawnbrokers Regulations 2008

Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008
Sex Work Act 1994

Sex Work Regulations 2006

Sex Work (Fees) Regulations 2004
Subdivision Act 19885
Travel Agents Act 1986

Travel Agents Regulations 2007
Veterans Act 20056

Veterans (Patriotic Funds) Regulations 2008
Warehousemen’s Liens Act 1958
Total number of Acts
30
Total number of Regulations
36
CONSUMER AFFAIRS VICTORIA
71
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
1
Not legislated
0
Number
226
Form
Hardcopy and electronic
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
Yes
Outcome measures integrated into internal planning processes
Yes
Frequency of public reporting
Annual
External data sources/audit
Yes
Timeliness of regulatory processes
Yes
Number of key activities (e.g. returns processed, appeals considered etc.)
Yes
Allocation of resources across regulatory functions
No
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
Yes
Client satisfaction with regulator activities
Yes
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
Yes
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
Yes7
Risk based enforcement strategy
Yes
Enforcement strategy is published
Yes
Timeliness of regulatory process
Type of activity
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
Business names8
No
95% within
3 weeks
Not
applicable
Not
applicable
Incorporated
associations9
No
90% within
1 month
92% within
4 weeks
No
Incorporated
cooperatives10
No
90% within
4 weeks
90% within
4 weeks
21 days
21 days
21 days
21 days
21 days
No
21 days
Not reported
21 days
No
21 days
Not reported
21 days
No
14 days
Not reported
14 days
No
14 days
Not reported
14 days
Fundraisers
Patriotic
Limited
Funds11
partnerships12
Retirement
Funeral
72
Villages13
Providers14
VICTORIAN REGULATORY SYSTEM 2013
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
Yes15
On-line renewal of licences/permits etc.
Yes16
On-line payment
No17
On-line access to information on lodging complaints about regulated firms/
professionals
Yes
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
Yes18
Formal agreement with other Victorian agency/regulator 19
Yes20
Formal agreement with Commonwealth agency/regulator
Yes
Section 3 Structure
Governance structure
Governing body
Director21
Method of appointment
Appointed pursuant to the Public Administration
Act 2004
Number of members of governing body
1
Responsible Minister
Minister for Consumer Affairs
Department supporting Minister
Department of Justice
Ministerial Statement of Expectations
Publicly available ministerial statement of
expectations
Yes
Date of agreement
16 March 2013
Most recent review/revision
May 2013
Link
www.consumer.vic.gov.au/about-us/statementof-expectations-reducing-red-tape
Public reporting of performance against
statement of expectations
Yes
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
Complaints about regulated firms/
professionals22
Investigations23
Disciplinary actions/prosecutions
commenced25
2009-10
2010-11
2011-12
19 897
19 528
17 405
8482
5415
80
89
81
643124
Penalties imposed

Criminal proceedings
77
32
31

Infringement Notices
130
50
29
CONSUMER AFFAIRS VICTORIA
73
Other operational information
No. of staff (EFT)
2009-10
2010-11
2011-12
438.9
452.5
421.8
No. of licensed/registered parties at
financial year end
428 737
436 132
Business names27
389 667
395 952
0
35 991
36 756
37 605
707
698
685
1415
1777
1805
Limited partnerships
167
174
199
Retirement villages
400
397
404
Funeral service providers
380
378
385
Incorporated association
Incorporated cooperatives
Fundraisers
Revenue from licences/registration
($ million) to consolidated funds
15.3
To trust funds28
Total expenditure ($ million)
41 08326
14.2
14.5
7.10
7.3
8.0
92.829
97.9
105.5
Permits, licences, approvals, certification and registration activity
Number
issued/
renewed
(2011-12)
Proportion
lodged
electronically
Type of activity
Duration/
frequency
Requirements
set by
Business names30
3 years
Act/
Regulations
Regulations
60 408
Not
available
Incorporated
associations
Perpetual
Act/
Regulations
Regulations
1608
Not
available
Incorporated
cooperatives
Perpetual
Act/
Regulations
Regulations
28
Not
available
3 years
Act/
Regulations
Regulations
Patriotic funds
Perpetual
Act/
Regulations
Regulations
0
Not
available
Limited
partnerships
Perpetual
Act/
Regulations
Regulations
32
Not
available
Retirement
villages
Perpetual
Act/
Regulations
Regulations
8
Not
available
Funeral service
providers
Perpetual
Act/
Regulations
Regulations
7
Not
available
Fundraisers
Total
Fees set by
657/270
Not
available
62,748/63,018
Contact details:
Consumer Affairs Victoria
GPO Box 123A
MELBOURNE VIC 3001
Phone:
1300 558 181
Email:
consumer@justice.vic.gov.au.
Internet:
www.consumer.vic.gov.au
74
VICTORIAN REGULATORY SYSTEM 2013
1
Part 3 of the Chattel Securities Act 1987 is administered by the Minister for Roads.
2
Part 5 of the Domestic Building Contracts Act 1995 is administered by the Attorney-General.
3
Sections 23A-25, 27, 32, 33, 45–48, 74–77, 82, 90, 91A, 102, 102A, 103, 104(1),104(4), 104(5), 105(2A),
105(3), 124, 128, 130–134, 141–142B, 142D-212, 213AA,-215, 230, 232–234, 241, 277, 289A, 291–327, 329333, 335–339, 341, 343–366, 373–376, 385, 388, 388A, 390, 390A, 395–398, 399A-439M, 486–499, 501–504,
505A-510C and 511.
Section 66(1) is jointly administered with the Minister for Housing .This Act is otherwise administered by
the Attorney-General, the Minister for Housing and the Minister for Planning.
4
Made by the Minister for Housing.
5
Part 5 s 43 only. This Act is otherwise administered by the Minister for the Environment and Climate
Change and the Minister for Planning.
6
Part 4 only. This Act is otherwise administered by the Minister for Veterans’ Affairs.
7
Australian Competition and Consumer Commission, Australian Securities and Investment Commission,
State and Territory Consumer Protection agencies, Victoria Police and local councils
8
Business names transactions have been transferred to Commonwealth effective 28 May 2012.
9
Includes transactions related to registrations, updates, and annual returns Actual figures are based on
Financial Year 2011-12.
10
Includes transactions related to updates and annual returns Actual figures are based on financial year
2011-12.
11
Due to the low volume of applications and wide variability in processing times, a grade of service
measure is not reported.
12
Due to the low volume of applications and wide variability in processing times, a grade of service
measure is not reported
13
Same as above.
14
Same as above.
15
Business names, incorporated associations.
16
Business names
17
It is anticipated that incorporated associations online lodgement capability will be operational
towards the end of 2013
18
Australian Competition and Consumer Commission, Australian Securities and Investment Commission,
State and Territory Consumer Regulators: Australian Consumer Law; Department of Treasury and
Finance; Trustee Companies Act 1984 and Trustee Companies Regulations 2006.
19
Agreements listed include Memoranda of Understanding and major agreements with other regulatory
agencies. List does not include agreements with funded agencies (both casework and policy
advocacy), grant recipients or non-regulatory agencies or agreements still under development.
20
Victoria Police (2008), Municipal Association of Victoria (2008), Sustainability Victoria (2008), Legal
Services Board (Victoria) (2008), Business Licensing Authority (2008), Building Commission (Victoria)
(2007), Essential Services Commission (2010), Office for the Registration of Aboriginal Corporations
(2006), Aboriginal Affairs Victoria (2006)
21
Under the Fair Trading Act 1999 (Vic) s98 there is to be a Director of Consumer Affairs Victoria who is
employed under Part 3 of the Public Administration Act 2004. The Director is supported by Consumer
Affairs Victoria; a division of the Department of Justice.
22
The figures represent the number of cases registered under dispute resolution stage from the date they
were received or entered into the system.
23
The figures reported under this heading includes the number of ‘inspections and investigations’ held
during the financial year, as per the Victorian Budget,2011-12 Budget Paper Number 3.
24
Includes total inspections and investigations including estate agents, premises inspected for
unsafe/banned products and rooming houses, as published in the Consumer Affairs Victoria Annual
Report 2011-12.
25
The figures reported under this heading includes prosecutions and civil actions finalised, as published
in the Consumer Affairs Victoria Annual Report.
26
From 28 May 2012, business names registration was administered by the Commonwealth (through
ASIC).
CONSUMER AFFAIRS VICTORIA
75
27
As above.
28
Does not include transfers, penalties, recoveries or interest.
29
The Promoting and Protecting Consumers total output cost for 2009-10 was $159m, which includes
$70.1 million for grants, and $16.2m for Responsible Alcohol Victoria.
30
Registration of business names has now gone to a national regime as part of Council Of Australian
Governments reforms.
76
VICTORIAN REGULATORY SYSTEM 2013
Council of Legal Education
PART A
Section 1 – Legislative Framework
Objectives
The Council of Legal Education and the Board of Examiners jointly regulate entry into the legal
profession in Victoria.
Enabling Acts and Regulations
Legal Profession Act 2004

Legal Profession (Admission ) Rules 2008
Public Notaries Act 2001
Total number of Acts
2
Total number of Regulations
1
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
0
Not legislated
0
Number
Form
17
Not supplied
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
No
Outcome measures integrated into internal planning processes
No
Frequency of public reporting
External data sources/audit
No
Timeliness of regulatory processes
No
Number of key activities (e.g. returns processed, appeals considered etc.)
Yes
Allocation of resources across regulatory functions
No
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
No
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
No
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
No
Risk based enforcement strategy
No
Enforcement strategy is published
No
COUNCIL OF LEGAL EDUCATION
77
Timeliness of regulatory process
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to applicants
Approval of academic
law providers/courses
None
None
variable
6 months
Approval of practical
legal training
providers/courses
None
None
variable
6 months
Assessment of qualified
overseas applicant
None
6 weeks
6-8 weeks
6 weeks
Skills assessment for
qualified overseas
practitioners
None
6 weeks
6-8 weeks
6 weeks
Type of activity
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
No
On-line renewal of licences/permits etc.
No
On-line payment
No
On-line access to information on lodging complaints about regulated firms/
professionals
Not
applicable
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
Yes
Formal agreement with other Victorian agency/regulator
No
Formal agreement with Commonwealth agency/regulator
No
Section 3 – Structure
Governance structure
Governing body
Board
Method of appointment
Governor in Council
Number of members of governing body
14
Responsible Minister
The Attorney-General
Department supporting Minister
Department of Justice
Composition
Composition of governing body legislated
Yes
Stakeholder representatives present on governing body
Yes
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations
78
No
VICTORIAN REGULATORY SYSTEM 2013
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
2009-10
2010-11
2011-12
Complaints about regulated firms/
professionals
Not
applicable
Not
applicable
Not
applicable
Investigations
Not
applicable
Not
applicable
Not
applicable
Disciplinary actions/prosecutions
commenced
Not
applicable
Not
applicable
Not
applicable
Penalties imposed
Not
applicable
Not
applicable
Not
applicable
Other operational information
2009-10
2010-11
2011-12
No. of staff (EFT)
8
8
8
No. of licensed/registered parties at
financial year end
9
9
9
Revenue from licences/registration
($ millions)
-
0.0024
0.0030
Not supplied
Not supplied
Not supplied
Total expenditure ($ million)
Permits, licences, approvals, certification and registration activity
Number
issued/
renewed
2011-12)
Proportion
lodged
electronically
Duration/
frequency
Requirements
set by
Approval of
academic law
providers/
courses
Not supplied
Admission
Rules
No fees
6
Not
available
Approval of
practical legal
training
providers/
courses
Not supplied
Admission
Rules
No fees
2
Not
available
Assessment of
qualified
overseas
applicant
Not supplied
Admission
Rules
The Council
37
Not
available
Skills assessment
for qualified
overseas
practitioners
Not supplied
Admission
Rules
The Council
87
Not
available
Type of activity
Total
COUNCIL OF LEGAL EDUCATION
Fees set by
132
79
Contact Details:
Council of Legal Education
451 Little Bourke St
MELBOURNE VIC 3000
Phone:
9604 2408
Email:
colevic@justice.vic.gov.au
Internet:
www.lawadmissions.vic.gov.au
80
VICTORIAN REGULATORY SYSTEM 2013
Country Fire Authority
PART A
Section 1 Legislative Framework
Objectives
To prevent and suppress fires and protect life and property (Section 20 Country Fire Authority
Act 1958 (Vic)).
Enabling Acts and Regulations
Country Fire Authority Act 1958

Country Fire Authority Regulations 2004
Additional Administered Acts and Regulations
Building Act 1993

Building Regulations 2006
Planning & Environment Act 1987
Dangerous Goods Act 1985



Dangerous Good (Storage and Handling) Regulations 2000
Occupational Health & Safety (Major Hazard Facilities) Regulations 2000
Residential Tenancies (Caravan Parks and Movable Dwellings Registration and
Standards) Regulations 2010
Liquor Control Reform Act 1998
Total number of Acts
5
Total number of Regulations
5
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
1
Not legislated
1
Number
Form
Many
Hardcopy and electronic
Section 2 – Operational information
Public reporting of key performance indicators
Outcome measures for regulation
Outcome measures integrated into internal planning processes
Frequency of public reporting
Reported
No
Yes
Annual
External data sources/audit
No
Timeliness of regulatory processes
No
Number of key activities (e.g. returns processed, appeals considered etc.)
No
Allocation of resources across regulatory functions
No
Unit costs of key regulatory process
No
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
No
COUNTRY FIRE AUTHORITY
81
Public reporting of key performance indicators
Reported
Indicators compared with interstate or similar Victorian bodies
No1
Quantitative evaluation reported for regulatory initiatives/projects
No
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
Yes2
Risk based enforcement strategy
Yes3
Enforcement strategy is published
No
Timeliness of regulatory process
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
Permit to light a fire for
miscellaneous purposes
No
No
Not supplied
Not supplied
Registration of a fire
brigade
No
No
Not supplied
Not supplied
Fire safe inspections
No
No
Not supplied
Not supplied
Type of activity
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
No
On-line renewal of licences/permits etc.
No
On-line payment
No
On-line access to information on lodging complaints about regulated firms/
professionals
No
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
Yes4
Formal agreement with other Victorian agency/regulator
Yes5
Formal agreement with Commonwealth agency/regulator
No
Section 3 Structure
Governance structure
Governing body
Board
Method of appointment
Ministerial Appointment
Number of members of governing body
10
Responsible Minister
Minister for Police and Emergency Services
Department supporting Minister
Department of Justice
82
VICTORIAN REGULATORY SYSTEM 2013
Composition
Composition of governing body legislated
Yes
Stakeholder representatives present on governing body
Yes
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations
No
Part B
Section 4 – Operational data
Other operational information
2009-10
No. of staff (EFT)
1636
2010-11
1754
2011-12
1885
No. of licensed/registered parties at
financial year end
Not
applicable
Not
applicable
Not
applicable
Revenue from licences/registration
($ million)
Not
applicable
Not
applicable
Not
applicable
Total expenditure ($ million)
378.0
396.8
460.1
Permits, licences, approvals, certification and registration activity
Number
issued/
renewed
(2011-12)
Proportion
lodged
electronically
Duration/
frequency
Requirements
set by
Permit to light a
fire for
miscellaneous
purposes
Per fire
Regulations
Not
Applicable
1413
Not
available
Registration of a
fire brigade
Ongoing
Act/
Regulations
Not
Applicable
28
Not
available
Fire safe
inspections
Ongoing
Building Code
of Australia
Regulations
745
Not
applicable
Fire Safety
Inspections
Ongoing
Dangerous
Goods
Regulations
Agreement
with
WorkSafe
Victoria
78
Not
applicable
Caravan Fire
Safety
Inspections
Ongoing
Moveable
dwelling
Regulations
Regulations
192
Not
applicable
Type of activity
Total
Fees set by
2456
Contact details:
Country Fire Authority
PO Box 701
MT WAVERLEY VIC 3149
Phone:
9262 8444
Internet:
www.cfa.vic.gov.au
COUNTRY FIRE AUTHORITY
83
1
However, benchmarking of Country Fire Authority (CFA) is currently undertaken by the Productivity
Commission. There are similar fire services in other States and Territories that operate in rural areas with
a volunteer base, but none that have the significant volunteer component that CFA does.
2
Fire prevention enforcement functions and permits for fires during the declared fire danger period
under CFA legislation, as well as planning permit requirements are mostly carried out by local
government. Additionally, the municipal building surveyor is responsible for enforcement of fire safety
regulations relating to buildings and structures, although CFA might provide technical expertise.
3
The enforcement strategy consists of proactive inspections as capacity allows and CFA Officers
supporting local government and fire prevention officers in the discharge of their duties. There is
however no documented strategy.
4
CFA undertakes activities under various pieces of legislation, fire prevention officers administer s. 40F of
the Country Fire Authority Act 1958 and Victorian Police prosecute breaches of the Act.
5
Memorandum of Understanding with WorkSafe regarding Dangerous Goods
84
VICTORIAN REGULATORY SYSTEM 2013
Dairy Food Safety Victoria
PART A
Section 1 Legislative Framework
Objectives
To ensure that standards which safeguard public health are maintained in the Victorian dairy
industry.
To ensure that the dairy industry performs its functions and exercises its powers efficiently and
effectively.
Enabling Acts and Regulations
Dairy Act 2000
Additional Administered Acts and Regulations
Food Act 19841
Total number of Acts
2
Total number of Regulations
0
Other regulatory instruments and guidance materials
Codes of Practice
Guidance publications available to
stakeholders
Legislated
1
Not legislated
0
Number
Form
402
Hardcopy and electronic
Section 2 – Operational information
Public reporting of key performance indicators
Reported
Outcome measures for regulation
Yes
Outcome measures integrated into internal planning processes
Yes3
Frequency of public reporting
Annual,
website4
External data sources/audit
Yes5
Timeliness of regulatory processes
No
Number of key activities (e.g. returns processed, appeals considered etc.)
Yes
Allocation of resources across regulatory functions
Yes6
Unit costs of key regulatory process
Yes
Measures of administrative burden on regulated entities (e.g. firms,
professionals etc.)
No
Client satisfaction with regulator activities
Yes7
Indicators compared with interstate or similar Victorian bodies
No
Quantitative evaluation reported for regulatory initiatives/projects
No
DAIRY FOOD SAFETY VICTORIA
85
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies
No
Risk based enforcement strategy
Yes
Enforcement strategy is published
Yes
Timeliness of regulatory process
Type of activity
Legally
binding time
limit
Target time
period for
processing
applications
Actual time to
process
applications
Expected
processing
time advised
to business
Dairy distributors licence
No
No
No
No
Dairy farm licence
No
No
No
No
Dairy food carrier
licence
No
No
No
No
Dairy manufacturers
licence
No
No
No
No
Milk broker licence
No
No
No
No
On-line public access to information
On-line access to licensing and/or registration information
Yes
On-line change of address
No
On-line renewal of licences/permits etc.
Partial8
On-line payment
Yes
On-line access to information on lodging complaints about regulated firms/
professionals
Yes
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency
Yes9
Formal agreement with other Victorian agency/regulator
Yes10
Formal agreement with Commonwealth agency/regulator
Yes11,12
Section 3 – Structure
Governance structure
Governing body
Board
Method of appointment
Minister (Chair and Departmental Representative)
Minister on Selection Committee
recommendation
Number of members of governing body
7
Responsible Minister
Minister for Agriculture and Food Security
Department supporting Minister
Department of Environment and Primary Industries
Composition
Composition of governing body legislated
Yes
Stakeholder representatives present on governing body
No13
86
VICTORIAN REGULATORY SYSTEM 2013
Ministerial Statement of Expectations
Publicly available ministerial statement of
expectations
Yes
Date of agreement
6 Dec 201114
Most recent review/revision
Not Applicable
Link
www.dpi.vic.gov.au/aboutus/legislation/ministerial-statements-ofexpectations/soe-for-dairy-food-safety
Public reporting of performance against
statement of expectations
Yes
Part B
Section 4 – Operational data
Enforcement activities
Operational activity
Complaints about regulated firms/
professionals
Investigations
2009-10
0
44
Disciplinary actions/prosecutions
commenced
0
Penalties imposed
0
2010-11
2011-12
51
4115
4
416
0
14/217
0
218
Other operational information
2009-10
No. of staff (EFT)
No. of licensed/registered parties at
financial year end
 Dairy farms
 Manufacturers (including milk
brokers)
 Carriers
 Distributors
22
2010-11
2011-12
21.8
22.4
5205
150
4603
164
4575
167
38
135
37
130
39
125
Revenue from licences/registration
($ million)
Revenue from fee for service activity
3.58
0.66
3.78
0.69
4.07
0.77
Total expenditure ($ million)
4.32
4.37
4.71
DAIRY FOOD SAFETY VICTORIA
87
Permits, licences, approvals, certification and registration activity
Type of activity
Duration/
frequency
Requirements
set by
Fees set by
Number
issued/
renewed
(2011-12)
Board
128
Not reported
individually
Proportion
lodged
electronically
Dairy distributors
licence
12 months
Act/Code of
Practice for
Dairy Food
Safety
Dairy farm
licence
12 months –
Sheep/
Goat, Direct
payment
farmers
24 months –
all others
Act/Code of
Practice for
Dairy Food
Safety
Board
27819
Not reported
individually
12 months
Act/Code of
Practice for
Dairy Food
Safety
Board
39
Not reported
individually
12 months
Act/Code of
Practice for
Dairy Food
Safety
Board
172
Not reported
individually
12 months
Act/Code of
Practice for
Dairy Food
Safety
Board
3
Not reported
individually
62020
14.2%
Dairy food
carrier licence
Dairy
manufacturers
licence
Milk broker
licence
Total
Contact details:
Dairy Food Safety Victoria
PO Box 840
HAWTHORN VIC 3122
Phone:
9810 5900
Email:
info@dairysafe.vic.gov.au
Internet:
www.dairysafe.vic.gov.au
1
The Food Act 1984 (Vic) (Food Act) applies to non-dairy aspects of mixed businesses licensed with
Dairy Food Safety Victoria (DFSV), administered by DFSV as authorised officers under the Food Act
2
Includes 6 documents (guidelines, manuals) published under the Dairy Authorities Technical Advisory
Committee, Australian New Zealand Dairy Authorities’ Committee, or its predecessor Australian Dairy
Authorities’ Standards Committee
3
Publicly reported as from financial year 2012-13
4
Includes reporting to relevant industry forums
5
Independently certified to ISO 9001:2008
6
Publicly reported as from financial year 2012-13
7
Publicly reported as from financial year 2012-13
8
Farms are renewed by electronic transfer of information from the manufacturers that they supply. All
other renewals are paper based
88
VICTORIAN REGULATORY SYSTEM 2013
9
Australian Quarantine Inspection Service: Export Control (Milk and Milk Products) Orders 2005
(Commonwealth ).
10
Memoranda of Understanding: PrimeSafe, Department of Health, Municipal Association of Victoria,
Environmental Health Australia (Victorian Division) (In place since Oct 2004); Department of
Environment and Primary Industry (Biosecurity Victoria Division) (in place since January 2007);
Environment Protection Authority (2010).
11
Memorandum of Understanding with Department of Agriculture Fisheries and Forestry, Tasmania Dairy
Industry Authority, Dairy Authority of South Australia (2012)
12
Other Memoranda of Understanding – Tasmanian Dairy Industry Authority and Dairy Authority of South
Australia; New Zealand Food Safety Authority
13
Skill set required is specified, (e.g. expertise in on farm milk production, dairy food manufacture) but
does not dictate that members are from the actual stakeholder base.
14
Date of DFSV response to the Statement of Expectations
15
Until 2010 complaints were categorised as investigations
16
Investigations into unlicensed activities
17
Until financial year 2010-11 this was measured as prosecutions only. Current figure includes Orders
placed to stop production or halt movement of product, and enforcement audit regimes imposed
18
Two $5,000 penalties were imposed.
19
Bovine farms are on a fixed 2 year licence period. This year was the second year of this cycle
20
Number issued = new licenses + transferred licensees + annual renewals. There were an additional 165
licence cancellations
DAIRY FOOD SAFETY VICTORIA
89