Upload
bertram-freeman
View
213
Download
0
Tags:
Embed Size (px)
Citation preview
1
Exotic Disease ResponseUnderstanding the Biosecurity Act and your powers under the Act
Understanding the Biosecurity Act 2
1. Overview of the Act2. Your Powers under the Act3. Restricted Place Notices4. Advising on Compensation5. Your Broader Responsibilities
Training Agenda
Understanding the Biosecurity Act 3
This workshop is designed to introduce you to the Biosecurity Act so that in the event of an EDR you are able to apply your powers and meet your responsibilities under the Act, without error.
Workshop Outcome
Understanding the Biosecurity Act 4
Knowledge Checks
• Are not designed to Pass or Fail you!• Make sure you have understood what you have
learned before moving on to the next module.• You can refer to your reference material (processes
and procedures) if you need to.• If you haven’t achieved 100% accuracy, I’ll provide
some help before we move on to the next topic.
Understanding the Biosecurity Act 5
1: Overview of the Biosecurity Act Objective
By the end of this topic you will be able to:• Explain the purpose of the Act• Explain who uses the Act• Explain the duties of persons under the Act
Understanding the Biosecurity Act 6
History of the ActThe Biosecurity Act replaced a pile of legislation• Agricultural Pests Destruction Act• Animals Act• Apiaries Act• Dog Control and Hydatids Act• Noxious Plants Act, and so on
Understanding the Biosecurity Act 7
What the Act covers
Biosecurity Act
Keeping pests and disease out of NZ
Pest Management(plants, insects etc)
Exotic DiseaseResponse
Understanding the Biosecurity Act 8
Purpose of the Act• The Biosecurity Act 1993 commenced on 1st October
1993
• The Purpose of the Act is An Act to restate and reform the law relating to the exclusion, eradication, and effective management of pests and unwanted organisms.
Understanding the Biosecurity Act 9
Purpose of the Act…..
In a nutshell, in relation to EDR, the Act enables: Identification, management or eradication of ‘unwanted
organisms’Rapid and effective response to an exotic diseaseDefinition of legal powers – what you can and cannot doClarification of duties – who is responsible for what
Understanding the Biosecurity Act 10
Sections of the Act to mark
43 52 53
104 106 109 110
111 112 113 114 115
120 121 121A 122 123
130 131 132 133 134
162A
Understanding the Biosecurity Act 11
Duties of persons in relation to EDR
• Section 43 – to provide information and to provide assistance
• Section 53 – cannot cause spread of the unwanted organism (selling, exhibiting etc)
Understanding the Biosecurity Act 12
2: Legislative PowersObjective
By the end of this topic you will be able to:• Describe the key people who have powers under the Act• Explain your duty under the Act• Explain and reference your 6 powers under the Act
Understanding the Biosecurity Act 13
The key playersGovernment
Director General MAF
Chief Technical Officers
Authorised Persons
Understanding the Biosecurity Act 14
Authorised person has power
1. To require assistance2. To inspect3. To record information4. General powers – to eradicate or manage5. To use equipment6. To intercept 7. To examine8. To give directions9. To vaccinate etc
SECTIONS106, 43, 109 - 112113114 115, 121A120121122123
Understanding the Biosecurity Act 15
Authorised person does not have power
Only the police can:• Detain• Arrest• Search a person
AND you need permission or a warrant to:• Enter a dwelling or marae
Understanding the Biosecurity Act 16
Power to Inspect dwelling or marae
Understanding the Biosecurity Act 17
3: Restricted Place NoticesObjective
By the end of this topic you will be able to:• Explain when and how you would declare a restricted
place• Explain when and how a Chief Technical Officer would
declare a controlled area• Identify your powers in relation to movement and other
EDR controls
Understanding the Biosecurity Act 18
An occupier
Discuss how you could serve a restricted place notice if theoccupier was:• Farm manager• Elderly relative, only person at the house• A child (15), only person at the house• A farm worker• A camper, only person on the property
Understanding the Biosecurity Act 19
4: Advising on compensationObjective
By the end of this topic you will be able to:• Identify situations where compensation is payable• Identify situations where compensation is unlikely to be
payable
$ $ $ $ $ $ $
Understanding the Biosecurity Act 20
5: Your broader responsibilitiesObjective
By the end of this topic you will be able to:• Explain your responsibilities under the following legislation:• The NZ Bill of Rights Act, 1990 (Sections 21, 22, 23, 27)• The Privacy Act, 1993• The Official Information Act, 1982 • The Health and Safety in Employment Act, 1992
Understanding the Biosecurity Act 21
The Bill of Rights Act
S21 To be secure against unreasonable search or seizure – of person, property,
correspondence etcS22 Not to be arbitrarily arrested or detainedS23 If arrested or detained, to be informed,
offered a lawyer, refrain from making a statement
S27 Right to justice – to go to tribunal or other public authority for a determination, & to bring civil proceedings
Understanding the Biosecurity Act 22
The Privacy Act
• Any information about an identifiable individual is subject to the Privacy Act
• For example, information about farm ownership, financial or stock records, personal information
• Such information cannot be disclosed to anyone or any agency except for purposes of administering and enforcing the Biosecurity Act
• You need to verify official requests for information.
Understanding the Biosecurity Act 23
The Official Information Act• This Act requires that Government Departments
provide information on request• Some information is exempt – for example,
commercially sensitive information • Requests from journalists for information held by
Biosecurity NZ are to be referred to the Media Liaison Officer
• Only Directors can release information under the OIA
Understanding the Biosecurity Act 24
Health and Safety in Employment Act
1. Correct unsafe behaviour2. Ensure staff are trained to do their job safely (or
supervise them)3. Identify and manage all hazards on the property4. Record all hazards (forms will be provided)
Responsibility for the health and safety of people on the property – visitors, employees, contractors
Understanding the Biosecurity Act 25
Health and Safety in Employment Act….
5. Report ALL accidents (from sprain to car crash) and all near misses to the Health and Safety Officer
6. Record all accidents and near misses (accident reporting forms will be provided)
Understanding the Biosecurity Act 26
PNWV continues