Enforcement at DPI

We hold a primary responsibility for administering legislation governing agriculture, animal welfare, fisheries, energy and earth resources. We also have some operational responsibility for Acts to ensure the health of the land resource base within Victoria's 10 water catchment areas.

Our enforcement policy is based on principles to deliver the fair, safe and equitable application of the law in the day-to-day dealings of enforcement officers with the general public and others.

What is compliance?

Under our enforcement policy, compliance means the state of conformity with the law. We ensure compliance with the Acts for which our department is responsible through:

• extension activities, including communication of information, promotion and capacity building
• monitoring and auditing of practices and processes
• enforcement activities designed to compel compliance. These include:
  • Formally inspecting sites and activities to verify compliance
  • Investigating suspected breaches of the law
  • Issuing of directions, notices, on the spot  fines, prohibition orders and warning letters to compel compliance without resorting to formal court action
  • Taking action through court including issuing injunctions, prosecutions, court orders, undertaking entry works and cost recovery through civil action.

Enforcement principles

Promoting voluntary compliance and community support

We provide information and education as the primary step to secure conformity with the law. Where appropriate, we involve the community and provide opportunities for comment in developing new laws or amendments to the current law.

Developing partnerships

We enter strategic partnerships that encompass openness and transparency with industries and stakeholders to improve compliance.

Fairness and equity

We undertake investigations and enforcement activities impartially, ensure that natural justice principles are met, and recommended penalties match the severity of the breach of regulations.

Consistency and clarity

Our various agencies will undertake enforcement activities in a consistent manner using lawful procedures, policies and clear standards. Agencies will clearly indicate what is expected to observe the law.

Responding to offences

We endeavour to investigate or respond to complaints about potential or suspected offences against the relevant legislation wherever appropriate, using the cooperation and assistance of the community and other enterprises in these endeavours.

Jurisdiction and responsibility

We are responsible for the administration and enforcement of the provisions contained in a number of Acts of Parliament, including Acts which we implement on behalf of other Victorian Departments, such as the Department of Sustainability and Environment.

We have Memorandums of Understanding that outline practical jurisdictional responsibilities between the Secretary and a number of Commonwealth Departments. To effectively implement these working relationships the Secretary and other Commonwealth Agencies cooperate to promote compliance and enforcement. This may require the designation of enforcement officials of those agencies as authorised persons within our department and vice-versa.

We also use Memorandums of Understanding with other State agencies (for example, DPI Earth Resources and the Victorian Workcover Authority for administration of the Occupational Health and Safety Act 1985) - to enable a cooperative approach to compliance and enforcement.

Enforcement issues on the borders between Victoria and the States of New South Wales, South Australia and Tasmania will be addressed cooperatively by the States.