2016-17

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Ministerial Statements of Expectation

Annual report for Biosecurity, Animal Health and Welfare, and Forest Protest Management regulation

CONTENTSExecutive Summary................................................................................................................................ 3

Statement of Expectation 2016-17..........................................................................................................3

DEDJTR BIOSECURITY REPORT........................................................................................................6

CLEAR AND CONSISTENT REGULATORY ACTIVITIES.....................................................................6

Case Study - Harmonisation................................................................................................................... 8

RISK BASED STRATEGIES..................................................................................................................9

Case Study – Launch of the Crime Stoppers Victoria campaign “Trafficked, Traded and Traumatised” 9

Case Study – Invasive species...............................................................................................................9

STAKEHOLDER CONSULTATION AND ENGAGEMENT...................................................................11

Case Study – Sunsetting Regulation....................................................................................................11

ACCOUNTABILITY AND TRANSPARENCY........................................................................................11

COMPLIANCE RELATED ASSISTANCE AND ADVICE......................................................................12

TIMELINESS........................................................................................................................................ 13

Case Study – Compensation Fund application process.......................................................................13

Case Study – Centralised database.....................................................................................................14

Case Study – Stakeholder communication on timelines.......................................................................14

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EXECUTIVE SUMMARY

On 19 September 2016 the Hon Jaala Puford MP, Minister for Agriculture, provided the Department of Economic Development, Jobs, Transport and Resources (DEDJTR)(the department) with her expectations for the department to continue the improvement of its regulatory performance in biosecurity, animal health and welfare, and forest protest management, and reduce costs faced by Victorian businesses and other regulated parties.

This report has been prepared to report on the Ministerial Statement of Expectations (SOE) 2016 -17, in relation to the regulation of biosecurity, animal health and welfare, and forest protest management matters. It details outcomes and case studies supporting the achievement of these performance targets.

Statement of Expectation 2016-17The department agreed to priorities for improvement through the initiatives outlined below.

Regulatory activities

Improvement Initiatives Targets

DEDJTR will ensure that its Authorised Officers (AO) are trained to a minimum standard as defined in the DEDJTR compliance policy.

Report in the department’s annual report on training activities that align with the compliance policy.

Ensure consistent regulation of the greyhound industry as recommended by the Chief Veterinary Officer's report into the welfare of greyhounds in the racing industry (the Milne Report) by providing information, training and advice.

Report to you on progress of the implementation of the Milne Report.

Amend the Domestic Animals Act 1994 to define a racing greyhound and create a code of practice that applies to the keeping and management of all racing greyhounds and their offspring.

Develop and implement a New Code of Practice for the Keeping of Racing Greyhounds.

Ensuring Authorised Greyhound Racing Victoria Welfare Inspectors have adequate training that aligns with compliance policy.

DEDJTR provides industry, enforcement agencies and the community with clear expectations in relation to the implementation and enforcement of new legislative requirements under the puppy farm and pet shop reform.

Implement the Labor Government election commitments to limit breeding establishments to 10 fertile female animals by 2020, and restrict pet shops to selling dogs and cats sourced only from registered pounds and shelters.

DEDJTR is ensuring that agencies who are authorised under legislation (outside DEDJTR) meet minimum standards for authorisation.

Develop and communicate the minimum standards for capability and conduct required for authorisation under the Prevention of Cruelty to Animals Act 1986.

DEDJTR will work with state and federal regulators to identify opportunities for harmonised regulation.

Provide one case study of harmonisation reported in the department’s annual report.

Risk-Based Strategies

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Improvement Initiatives Targets

DEDJTR will work with other similar regulators to ensure harmonisation of risk-based strategies used to assist prioritisation of resources.

Case studies to be published in the department’s annual report.

DEDJTR will demonstrate how the Biosecurity Compliance Strategies and Compliance Plans have been used to prioritise biosecurity activities.

Provide a minimum of two case studies annually on the department’s website.

DEDJTR will develop Biosecurity and Animal Health and Welfare Compliance Plans.

Compliance Plans developed by 31 December 2016.

Compliance activities are undertaken in accordance with risk-based plans, which ensure consistent and proportionate responses.

Annual audit sample of files to assess consistent and proportionate application of enforcement actions.

Risk-based prioritisation of disease and pest threats to inform business planning.

Case studies to be published in the department’s annual report.

DEDJTR will document its approach to managing forest protest incidents.

DEDJTR will develop plans to this effect by 31 December 2016.

Stakeholder Engagement

Improvement Initiative Target

DEDJTR will engage with stakeholders on sunsetting regulations.

Provide one case study on sunsetting regulation to be reported in the department’s annual report.

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Accountability and transparency

Improvement Initiative Target

DEDJTR will utilise the Biosecurity Evidence Framework (BEF) to demonstrate achievement of program outcomes, efficiency, appropriateness, and value, as well as improvement and organisational learning.

BEF to be used quarterly to monitor performance.

Annual Summary of Performance Report to be published.

Compliance related assistance and advice

Improvement Initiative Target

DEDJTR will implement the Animals in Research and Teaching Welfare Fund to support and underpin the compliance efforts of license holders and ensure continuous improvement in the care and welfare of research animals.

Revised and cost-recovered audit program to be implemented by 31 December 2016.

Timeliness

Improvement Initiatives Targets

DEDJTR will implement improvements in the Compensation Fund application process ensuring greater accessibility for small business.

One applicant case study to be published in the department’s annual report.

DEDJTR will work to create centralised databases in order to allow other agencies to share information.

One case study on how DEDJTR has worked to create centralised databases to ensure required information can be accessed in a timely manner by agencies undertaking duties under our legislation to be published in the department’s annual report.

DEDJTR will clearly communicate timelines for our processes to individuals and businesses.

One case study where DEDJTR has communicated timelines to our stakeholders to be published in the department’s annual report.

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DEDJTR BIOSECURITY REPORT

CLEAR AND CONSISTENT REGULATORY ACTIVITIESAs a regulator, DEDJTR is committed to ensuring a consistent stakeholder experience based on compliance principles. DEDJTR has worked towards harmonisation of regulation and regulatory activities for biosecurity across Victoria and Australia. This helps ensure consistent regulation across all jurisdictions which reduces burden for small businesses and exporters. The Statement of Expectation targets related to regulatory activities for 2016-17 were achieved by DEDJTR in the following ways:

DEDJTR will ensure that its Authorised Officers (AO) are trained to a minimum standard as defined in the DEDJTR compliance policy.

The initial training program for Biosecurity AO provides a holistic workplace based approach to training, supported by a series of three, self-guided training modules, and a number of mandatory training courses.

The initial training program is aligned to the Certificate IV in Government (Statutory Compliance), and each module is underpinned by nationally endorsed units of competency. Each module allows a trainee to progressively build on the skills and knowledge required to become a competent and confident biosecurity regulator in DEDJTR.

This training approach has been customised and differentiated to meet individual business needs, recognising the range and complexity of work undertaken in each biosecurity business areas and the associated reputational risks to the department. This training program forms the basis of the DEDJTR Minimum Standards for the Recruitment and Training of Authorised Officers.

Comprehensive performance and assessment milestones are embedded within the training program. Assessment (summative and formative) is conducted by supervisors, training officers and external training providers. In addition, all trainees participate in a formal, pre-authorisation interview, the purpose of which is to provide an independent, third party assessment of the trainees’ suitability to be granted authorisation. The interview is conducted jointly by a senior compliance officer and a senior business manager.

The program is currently transitioning to a Certificate IV in Government (Investigations), the national industry standard for foundational training for AO. DEDJTR has approximately 40 trainees participating in the program and, 19 participants achieved authorisation in 2016-17.

Ensure consistent regulation of the greyhound industry as recommended by the Chief Veterinary Officer's report into the welfare of greyhounds in the racing industry (the Milne Report) by providing information, training and advice.

a) Progress of the Milne report.

The Office of Racing (Department of Justice and Regulation) leads on coordinating an Implementation Taskforce to monitor progress of the Milne report. DEDJTR was represented by the Director Biosecurity Assurance and Director Domestic Animals. Meetings were held on an as needs basis throughout 2016-17.

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b) Amending the Domestic Animals Act 1994 to create the code of practice for racing greyhounds.

The Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016 amended the Domestic Animals Act 1994 (DAA) to include a new Part 4AA. Part 4AA includes provisions in relation to the making of a greyhound code of practice at section 63AC.

c) Develop and implement a code of practice for racing greyhounds.

A draft Code of Practice for the Keeping of Racing Greyhounds (the draft Code) was developed following engagement with industry and animal welfare stakeholder groups. The draft Code and the associated Regulatory Impact Statement were released for public comment for 60 days. All submissions received will be considered, prior to the finalisation of the Code in late 2017.

DEDJTR provides industry, enforcement agencies and the community with clear expectations in relation to the implementation and enforcement of new legislative requirements under the puppy farm and pet shop reform.

The Domestic Animals Amendment (Puppy Farms and Pet Shops) Bill 2016 (the Bill) was introduced into Parliament in October 2016. A Parliamentary Inquiry into the Bill was established shortly afterwards. In developing further amendments to the Bill the department undertook extensive consultation with a wide range of stakeholders. During consultation, DEDJTR clearly communicated implementation and enforcement requirements. Industry and enforcement agencies consulted included councils, applicable organisations, the Royal Society for the Prevention of Cruelty to Animals (Victoria) and the Municipal Association of Victoria. DEDJTR established clear expectations with a large range of community groups, including the Victorian Aviculture Council and community fostercare networks.

Once finalised, the new legislative requirements for puppy farm and pet shop reforms will be accompanied by a full suite of communication activities. This will include factsheets and infographics for enforcement agencies and community groups, a clear articulation of changes for enforcement officers and templates with clear guidelines for all affected groups (for example regarding animal sales permits).

DEDJTR is ensuring that agencies who are authorised under our legislation (outside DEDJTR) meet minimum standards for authorisation.

The process to appoint Greyhound Racing Victoria (GRV) officers to enforce sections of the DAA relevant to racing greyhounds is underway. DEDJTR has drafted a Restricted Authorised Officer Appointment Policy and begun working with GRV to develop a formal agreement to ensure role clarity around enforcement activities for DEDJTR and GRV. Appointments will progress upon finalisation of the formal agreement.

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DEDJTR will work with state and federal regulators to identify opportunities for harmonised regulation.

Case Study - HarmonisationIn 2016-17 DEDJTR worked with other jurisdictions, research organisations and land owners in a national program to develop, monitor and release a naturally occurring strain of rabbit calicivirus, known as rabbit haemorrhagic disease virus (RHDV K5), to control European rabbit populations across the country.

As part of this national approach, Victoria amended the Biological Control Act 1986 to maintain consistency with the Commonwealth Biological Control Act 1984. The amendment removed any ambiguity about the Act’s applicability to viruses or sub-classes of viruses by including these within the definition of "organism". Victoria also declared rabbit calicivirus as an agent organism for the control of European rabbits in Victoria under the amended provision.

The amendment and declaration facilitated the national release of RHDV K5 to control rabbit populations in March 2017.

Figure 1: Green dots: Map of successful RHDV K5 release sites across Australia.

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RISK BASED STRATEGIESDEDJTR’s compliance programs are underpinned by risk-based approaches and aim to balance the cost to industry whilst minimising biosecurity risks. DEDJTR uses risk-based strategies in ensuring compliance with legislation and regulations, allocating resources where the risks are greatest and working with industry and small businesses to ensure that low-risk areas are proportionately regulated. DEDJTR has implemented industry-led quality assurance programs where areas are low-risk and there has been a proven record of compliance with biosecurity standards and legislation. This ensures DEDJTR focuses its resources on high risk areas without imposing excessive burden on industry and small business.

The Biosecurity Compliance Strategy provides an overview of the risk-based approach for DEDJTR in executing its compliance responsibilities under biosecurity-related legislation in Victoria.

DEDJTR has successfully achieved the SOE targets with the following:

DEDJTR will work with other similar regulators to ensure harmonisation of risk-based strategies used to assist prioritisation of resources.

Case Study – Launch of the Crime Stoppers Victoria campaign “Trafficked, Traded and Traumatised”The "Trafficked, Traded and Traumatised” campaign aims to increase the general public’s understanding of the negative aspects of this illegal trade and empower the public to provide information about illegal wildlife entering Victoria through Crime Stoppers’ confidential reporting channels.

The campaign is being guided by a mutually developed strategy between DEDJTR, Department of Environment, Land, Water and Planning and Crime Stoppers Victoria to reduce the illegal importation, possession, and trafficking of exotic animals in Victoria.

The sale and importation of restricted pest animals is considered to be extreme to high risk rating in the static risk assessment within the Invasive Species Compliance Strategy (ISPCS). These animals are not established in the wild in Victoria, however, they have the potential to become a serious threat to primary production, Crown land, the environment and/or community health in Victoria.

DEDJTR will demonstrate how the Biosecurity Compliance Strategies and Compliance Plans have been used to prioritise biosecurity activities.

Case Study – Invasive speciesCompliance activities undertaken in the Invasive Species Program in any given year can be impacted upon by a range of factors. These factors usually pertain to the reallocation of resources to emergency response and to support the delivery of plant health market access issues.

To enable the effective management of the Invasive Species Program, activities are prioritised in-line with the Invasive Species Program Compliance Strategy (ISPCS) risk assessment principles. For example, activities that focus on the prevention and eradication of State Prohibited Weeds, considered as extreme risks, are a high priority for delivery. Activities that focus on the management of Regionally Controlled Weeds (RCWs), considered as a moderate to low risk, and therefore can be deferred in response to emergency or priority market access response requirements.

By example, in 2016-17 the Invasive Species Program planned to deliver 100 compliance projects targeting RCWs (namely Serrated Tussock, Gorse, and Blackberry), rabbits and a range Regionally Prohibited Weeds (RPWs). Throughout the year staff resources were redirected to emergency responses and to support for plant health market

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access issues including Tomato Potato Phyllid. As a result, fourteen projects where cancelled or deferred to the following year (largely focusing on Gorse, Blackberry or Rabbits).

During the same year 98% of known SPW sites where monitored and treated. Effective planning and allocation of resources to these high priority activities, aligned with seasonal timing, allowed targets for control and monitoring to be achieved.

DEDJTR will develop Biosecurity and Animal Health and Welfare Compliance Plans.

Biosecurity and Animal Health and Welfare operational plans are developed annually and also serve as compliance plans. These documents describe alignment to the compliance policy objectives and the relevant risk based compliance strategy.

Each operational plan provides the program’s overview, deliverables, targets, resources, responsibilities, compliance objectives and principles, outcomes and objectives, communication and stakeholder engagement, risk management and governance.

These operational plans were approved and in place by August 2016.

Compliance activities are undertaken in accordance with risk-based plans, which ensure consistent and proportionate responses.

Each biosecurity business unit has compliance specialists who provide oversight and ongoing advice on appropriate compliance processes and standards. These specialists review and provide guidance on briefs for prosecutions and infringements to ensure standard procedures have been followed and that the appropriate regulatory action is valid.

Furthermore Prosecution Services within the Regulatory Practice Unit also review briefs to ensure regulatory action is consistent and proportionate prior to action being undertaken.

Risk-based prioritisation of disease and pest threats to inform business planning.

Biosecurity requires a robust systematic approach to identifying, assessing and prioritising disease threats, and then we can use that information to inform work plans.

During 2016-17, the Animal Health Welfare branch completed numerous premise audits to ensure cattle industry are compliant with the traceability legislation.

Compliance orders were completed for the following:

Major saleyards - 29 total for year Minor saleyards - 15 total for year Saleyards, calves - 6 total for yearScales, adult - 31 total for yearScales, calves - 29 total for yearKnackery - 14 total for year.

There were also 22 saleyards audited for NLIS sheep compliance during 2016-17.

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DEDJTR will document its approach to managing forest protest incidents.

A Forest Protest Management Operational Plan was developed and is in place. This document provides the program’s overview, deliverables, targets, resources, responsibilities, compliance objectives and principles, outcomes and objectives, communication and stakeholder engagement, risk management and governance.

A Standard Operating Procedure for Forest Protest Management was also developed and finalized. The objective of this procedure is to describe the standards, responsibilities and requirements for DEDJTR when planning, preparing for and undertaking forest protest enforcement response to ensure a safe, consistent, structured and effective risk based approach.

STAKEHOLDER CONSULTATION AND ENGAGEMENTIt is a significant priority for DEDJTR to work closely with stakeholders and ensure they have been consulted and engaged. There are many programs and initiatives designed to allow greater consultation and engagement with biosecurity stakeholders. In 2016-17 DEDJTR organised and participated in a range of committees with industry and community participants, and provided many education and information services to assist stakeholders understand their regulatory, and emergency preparedness and response, obligations.

DEDJTR has also engaged with stakeholders on sunsetting regulations throughout 2016-17, the most significant being the Agricultural and Veterinary Chemicals (Control of use) Regulations 2017. The case study on the following page achieves the target against the following improvement initiative.

DEDJTR will engage with stakeholders on sunsetting regulations.

Case Study – Sunsetting RegulationDEDJTR undertook a phased consultative process during the remaking of the Agricultural and Veterinary Chemical (Control of Use) Regulations 2017. At the commencement of the process, stakeholders were invited to provide comment on the existing regulations and suggest potential reforms. This resulted in several suggestions by stakeholders such as the Aerial Application Association of Australia and the Australian Veterinary Association being developed into reform proposals. A second round of consultation was undertaken and included a summary of proposed reforms. The third and final consultation phase included the release of the proposed Regulations and a Regulatory Impact Statement that summarised stakeholder comments and the department’s response. The consultation documents were hosted on the Engage Victoria website and submissions could be made via the website. Following the close of consultation, each submission was assessed and an individual response was provided.

ACCOUNTABILITY AND TRANSPARENCYThe Biosecurity Evidence Framework (BEF) has been developed by DEDJTR and implemented to provide vital information on the outcomes of both regulatory and emergency preparedness activities undertaken in Victoria. Each work program area has BEF indicators developed in line with the regulatory framework and DEDJTR priorities. DEDJTR has achieved the target against the following improvement initiative.

DEDJTR will utilise the BEF to demonstrate achievement of program outcomes, efficiency, appropriateness, and value, as well as improvement and organisational learning.

DEDJTR Biosecurity, like other public sector agencies, must be able to report on the effectiveness and efficiency of delivery of outputs from its services and programs, the extent to which these outputs have achieved the desired outcomes, and be able to identify areas for continuous improvement. This imperative underpins the BEF, a performance measurement framework designed to enable DEDJTR Biosecurity to measure and report on its achievements against key aspects of performance across all of its business areas.

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DEDJTR Biosecurity developed the framework to demonstrate how well it delivers programs and services and the extent to which desired outcomes are achieved. DEDJTR Biosecurity designed a framework that clearly and consistently measures, monitors, evaluates and reports on the performance of programs and service

To assess the overall impact of our programs and services, DEDJTR Biosecurity reviewed performance data against the following key evaluation questions for the ‘impact’ performance domain.

1. To what extent has DEDJTR Biosecurity contributed to the early detection and prevention of the introduction and spread of pests and diseases?

2. To what extent has DEDJTR Biosecurity protected public health and the environment, enhanced productivity and market access, and limited the adverse impacts of chemical misuse?

3. How have DEDJTR Biosecurity policy and regulatory frameworks contributed to the achievement of desired biosecurity outcomes?

COMPLIANCE RELATED ASSISTANCE AND ADVICEDEDJTR is committed to ensuring that regulated parties have been provided advice and assistance where required in order to meet their legislative obligations. DEDJTR has achieved the targets against the following improvement initiative.

DEDJTR will implement the Animals in Research and Teaching Welfare Fund to support and underpin the compliance efforts of licence holders and ensure continuous improvement in the care and welfare of research animals.

Animal research in Victoria must be conducted under a licence issued by DEDJTR in accordance with the Prevention of Cruelty to Animals Act 1986. The compliance of licence holders with the conditions of their licences is encouraged and supported through several platforms including face-to-face training, development of guidance material, online resources and through routine compliance monitoring activities.

The Animals in Research and Teaching Welfare Fund, proclaimed on 1 September 2016, was introduced to ensure that a satisfactory compliance monitoring program could be maintained in the context of continuing expansion of the biotechnology industry in Victoria.

The Fund was supported by the Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016, which set fees for cost-recovered compliance inspections and concurrently reduced existing fees for licence application and renewal. Simultaneously, with the regulatory amendments, DEDJTR revised its compliance monitoring program to adopt a risk-based compliance approach. Consultation was carried out with every licence holder, by providing a detailed account of the likely impact of the new regulations and an outline of the revised audit program for their feedback. Stakeholders were very supportive of the proposed approach and the amended Regulations commenced 24 October 2016.

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TIMELINESSDEDJTR Biosecurity has streamlined processes for livestock disease compensation committees to improve timeliness of funding to recipients and reducing burden on industry. DEDJTR ensured timelines for processes were clearly communicated to individuals and businesses and aligned timelines with other regulators. DEDJTR has achieved the targets against the following improvement initiatives.

DEDJTR will implement improvements in the Compensation Fund application process ensuring greater accessibility for small business.

Case Study – Compensation Fund application processIn April 2017, Victoria’s Sheep and Goat Compensation Committee (SGCAC) called for expressions of interest for funding from the Sheep and Goat Compensation Fund (SGCF) by placing an advertisement on the DEDJTR website. The website clearly explained the simple application process, including eligibility criteria, funding priorities and assessment process. Funding proposals were able to be submitted on a simple application form via email to the SGCAC Executive Officer.

Proposals were assessed by the SGCAC with recommended projects being sent to the Minister for approval. The simplified process enabled the small not for profit organisation, Livestock Biosecurity Network (LBN) to successfully obtain funding. The LBN project aimed to reduce the impact of endemic diseases across the whole sheep meat production chain by providing veterinary and extension support to the National Sheep Health Monitoring Project (NSHMP). The NSHMP is an abattoir surveillance program that provides disease data directly back to producers and the LBN project will help producers improve on farm biosecurity practices. The LBN work includes specific veterinary advice to individual producers and workshops for larger groups to help reduce the impact of diseases across the supply chain.

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DEDJTR will work to create centralised databases in order to allow other agencies to share information.

Case Study – Centralised databaseDEDJTR Biosecurity developed MAX software won one of the foremost awards for Information Communications Technology innovation—namely, the 2016 Victorian Public Sector and Government award at the Annual Australian Information Industry Association iAwards. The iAward is presented for outstanding ICT innovation dedicated to delivering improved government service delivery or other digital initiatives for the public. It recognises the significant efficiency gains that Victoria’s MAX software brought to biosecurity management and emergency preparedness across Australia. Most jurisdictions around Australia are now adopting the software.

DEDJTR will clearly communicate timelines for our processes to individuals and businesses.

Case Study – Stakeholder communication on timelinesOn 24 August 2016 the Minister for Agriculture announced that Victoria will transition to a National Livestock Identification System (NLIS) for sheep and goats from 1 January 2017, based on mandatory use of electronic ear tags.

Introduction of mandatory electronic identification is a critical reform that will:• enable prompt tracing of animals during disease and food safety emergencies;• help to maintain and expand market access;• enable producers to better manage flocks;• reduce the need for physical handling for identification, thereby reducing stress and risk of injury to animals; and• support innovation in Victoria’s sheep and goat industries.

Significant consultation with stakeholders across the supply chain was undertaken to understand their views. For example, over 400 stakeholders participated in 56 face-to-face consultation sessions during August/September 2016 on development of implementation standards (business rules) and a transition package, resulting in 46 written submissions; 22 recommendations on the transition package with approximately 70 per cent of these accepted; and over 170 comments on specific clauses in the draft standards. Alongside development of a transition package, further industry consultation, information sessions and targeted sector workshops by Agriculture Victoria have driven a positive shift towards introduction of mandatory electronic identification in Victoria. Over 1,700 people have attended two phases of producer workshops which play a key role in facilitating the practice change required to support introduction of electronic identification. Feedback from these workshops has been overwhelmingly positive.

This process was supported by a simple and efficient Agriculture Victoria tags online ordering service. Cost neutral tags (from 35 cents each) are being ordered by producers at a rate of over 300,000 per week, with a total of 4.8

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million tags ordered to date. Cost neutral tags for producers for the first 12 months form a core component of the $17.06 million transition package announced in November 2016. Total orders for electronic tags (cost neutral and subsidised) reached 5.6 million on 26 June 2017.

Victoria has valuable livestock industries, exporting products worth $6.7 billion per year. Sheep meat and wool products are worth more than $2.5 billion per year. These industries are essential parts of our rural and regional communities and their ongoing prosperity relies on having effective traceability systems to underpin market confidence in our products and to maintain access to local and international markets.

For more information click website link below. http://agriculture.vic.gov.au/agriculture/livestock/national-livestock-identification-system

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