Heritage Victoria Policy Guideline
ENFORCEMENT POLICY
Adopted 19 March 2013
Summary
1. The Executive Director, Heritage Victoria has primary responsibility for administering
legislation governing the protection and conservation of places and objects of
historic cultural heritage significance, (including shipwrecks) and the registration of
such places and objects.
2. This enforcement policy provides the guiding principles necessary for a fair, safe
and equitable application of the law in the day to day dealings of inspectors
(authorised persons) with the general public and others. The policy is also a clear
indication of what the public will receive from inspectors by way of information,
choice and safety.
Scope
3. This policy applies to inspectors appointed under section 146 of the Heritage Act
1995 and section 22 of the Historic Shipwrecks Act 1976 (as it applies to breaches
committed within the Victorian jurisdiction) and all Heritage Victoria employees
involved in compliance and enforcement.
Definitions
4. The following definitions apply in this policy:
4.1 Compliance means the state of conformity with the law. Heritage Victoria will
promote compliance with the Acts for which it is responsible through three types of
activity:
(a)
extension (includes communication of information, promotion and capacity
building);
(b)
compliance monitoring and auditing; and
(c)
enforcement.
4.2 Enforcement means activities designed to compel compliance and includes:
(a)
formal inspection to verify compliance;
(b)
investigation of suspected breaches of the law;
(c)
measures to compel compliance without resorting to formal court action, for
example through directions, Infringement Notices, warning letters, Show
Cause Notices and Repair Orders; and
(d)
measures to compel compliance through court actions such as undertaking
entry and search procedures under warrant, prosecutions and court orders.
Policy Principles
5. Promoting voluntary compliance and community support
Promotion of compliance through information and education is the primary step in
securing conformity with the law. Where appropriate, Heritage Victoria will involve
the community, industry groups and other stakeholders and provide education about
requirements under the Act(s), and opportunities for comment when amending the
current law (if this occurs).
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6. Developing partnerships
A strategic partnership approach with the community, industries and other
stakeholders, which encompasses openness and transparency, will be used to
improve compliance.
7. Fairness and Equity
Investigations and enforcement will be undertaken impartially and enforcement
actions will be applied in a manner to ensure that the Charter of Human Rights and
Responsibilities Act 2006 and natural justice principles are complied with.
Furthermore, penalties recommended will match the severity of the breach of
regulatory requirements.
8. Consistency and clarity
Enforcement will be undertaken by Heritage Victoria in a consistent manner using
lawful procedures, policies and clear standards. Heritage Victoria will provide
guidance to assist people to comply with the law.
9. Responding to offences
Heritage Victoria will endeavour to investigate or respond to complaints relating to
potential or suspected offences against the relevant legislation wherever
appropriate. The cooperation and assistance of other authorities and the community
will be utilised in these endeavours, where appropriate.
10. Jurisdiction and Responsibility
Responsibility includes the administration and enforcement of the provisions
contained in the Heritage Act, and the Historic Shipwrecks Act which Heritage
Victoria implements in Victoria on behalf of the Commonwealth.
An agreement between the Executive Director and Commonwealth exists to outline
practical jurisdictional responsibilities. In order to effectively implement these
working relationships the Executive Director and other Commonwealth Agencies
cooperate to promote compliance and enforcement. This cooperation may include
the designation of enforcement officials of those agencies as authorised persons
within Heritage Victoria and vice versa.
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