Biosecurity Victoria - Statement of Expectations

27 Oct 2011

Mr Jeff Rosewarne
Secretary
Department of Primary Industries
GPO Box 4440
MELBOURNE VIC 3001

Dear Mr Rosewarne,

Ministerial Statement of Expectations for the regulation of biosecurity matters under Victorian legislation

I am pleased to provide you with my Statement of Expectations for the regulation of biosecurity matters under Victorian legislation. These matters include the development and implementation of policy, standards, systems and services that reduce the threat of invasive animals and plants to agriculture and the environment, protect animals and plants from pests and diseases, enhance food safety, ensure minimal and effective chemical use, protect the welfare of animals, and preserve and expand market access for Victoria’s primary industries.

This Statement applies to all persons employed by the Department of Primary Industries with responsibilities for biosecurity matters, including those who carry out powers and functions under enabling legislation and related government policies, including the exercise of Ministerial powers and functions under an instrument of authorisation or delegation. This Statement applies from the date of receipt until the end of this Parliamentary term, or until otherwise amended.

As Minister for Agriculture and Food Security, I have portfolio responsibility for the legislation that enables the administration and regulation of biosecurity matters. This Statement should be read within the context of the objectives, obligations and functions outlined in the legislation as amended.  

This Statement is important to the discharge of my Ministerial portfolio responsibilities. It sets out my priorities for the regulation of biosecurity matters, drawing on relevant principles from Victoria’s Improving Governance of Regulators: Principles and Guidelines.

Government policy and objectives

I acknowledge the importance of the range of regulatory and non-regulatory tools that can be deployed to achieve the objectives outlined in the legislation and I expect you to ensure that the implementation of regulation is in accordance with good regulatory practice. I expect you to ensure the continued use of non-regulatory tools where appropriate to achieve Government policy objectives.

I expect that regulatory responses will be fair, consistent and proportionate to the circumstances. I expect that, where appropriate, you will ensure that enforcement is undertaken when individuals and entities (private and public) fail to meet their regulatory obligations where appropriate, particularly where that failure impacts on the rights of others.

I expect you to ensure that risk-based approaches will guide the delivery of regulatory outcomes, minimising cost to industry and applying the lowest level of regulatory intervention necessary to achieve the outcomes sought.

I recognise that you have a well developed, clearly articulated, and closely monitored, system of regulatory management, supported by your culture of continuous improvement. Consistent with this, I expect you to continue to improve your systems and their coordination to streamline processes for regulated individuals and businesses.

Your activities are essential to primary production, market access, animal welfare, public amenity, public health and the environment. As the Minister responsible I expect that you will also manage risks and emergencies effectively, and ensure that processes and training are in place to support this requirement.

I acknowledge that you have also played a significant role in influencing a national approach to policy development and regulation. I expect you to maintain a leading role in national fora to promote good regulatory practice and foster consistency of outcomes. I expect that you will actively participate in the development of national standards to promote the interests of Victoria.

Stakeholder relationships and engagement

You maintain active relationships with relevant government agencies as you discharge your regulatory functions. I expect you to continue to work constructively with these agencies to deliver Victorian Government policy including regulatory reform.

Partnerships with community and industry stakeholders are vital to delivering outcomes.  I recognise the importance of maintaining a balance between the interests and needs of your industry stakeholders, while at the same time discharging your regulatory obligations in a transparent and equitable way. I ask you to continue to build active relationships with stakeholders including working to develop co-regulation and management principles.

As Minister I recognise the mutual obligation we have in the exchange of information. To this end I expect you to provide me with timely, authoritative advice. I will undertake to keep you informed of matters pertinent to the discharge of your regulatory responsibilities.

Accountability and transparency

Measuring, tracking and publicly reporting performance is integral to accountability and transparency. I recognise the Department of Primary Industries has established a strategic planning and reporting process that includes defined performance indicators for the Department and for the sectors for which it has portfolio responsibility. It is important that work continues to enhance indicators related to the functional performance and impact of the regulator. Consistent with the performance framework that is being rolled out across the Victorian public sector, I expect that you will measure and report on outputs and outcomes.

I expect that this Statement will be incorporated into your ongoing planning processes and that reporting against this Statement will be published in the Department’s annual report.

I look forward to receiving your response to this Statement of Expectations. I understand that your response will be published alongside a copy of this Statement on the Department of Primary Industries’ website.

Yours sincerely

Peter Walsh MLA
Minister for Agriculture and Food Security