GPO Box 4509Melbourne Victoria 3001 Australia

Telephone: 03 9651 9999www.economicdevelopment.vic.gov.au

DX 210074

2015-16 REPORT AGAINST THE MINISTERIAL STATEMENT OF EXPECTATIONS FOR THE REGULATION OF BIOSECURITY IN VICTORIA

In July 2014, the former Department of Environment and Primary Industries received a Statement of Expectations (SOE) from the then Minister for Agriculture outlining his expectations for the regulation of biosecurity in Victoria. This report outlines how the Department of Economic Development, Jobs, Transport and Resources (DEDJTR) Biosecurity has addressed these expectations during 2015 to 2016.

Improvements and Targets

Outlined below is detail on how DEDJTR Biosecurity met the targets for the 2015 to 2016 financial year outlined in the Response to the Ministerial Statement of Expectations.

Regulatory principles

In the 2014 to 2015 financial year, DEDJTR developed a framework to measure is performance against the expectations created under the “regulatory principles”.

Target – regulatory principles 2015-16 Result

Report on baseline data against standard developed within DEDJTR to measure performance in delivering the regulatory principles.

DEDJTR Biosecurity regulators were required to collect baseline data for the first time during 2015 to 2016 and report quarterly against their draft compliance indicators. This first year pilot included a suite of compliance and enforcement metrics. Measures are aligned to the themes (recommended by the Victorian Attorney General’s Office1 (VAGO)): encouraging compliance; monitoring compliance; and responding to non-compliance.

1 VAGO (2012) Effectiveness of Compliance Activities: Departments of Primary Industries and Sustainability and Environment http://www.audit.vic.gov.au/publications/20121024-Compliance-DPI-DSE/20121024-Compliance-DPI-DSE.pdf

Risk-based strategies

DEDJTR Biosecurity is committed to risk-based principles for actions and resource allocation. To achieve a consistent risk-based approach across DEDJTR Biosecurity a Biosecurity Compliance Strategy was developed, including a risk assessment framework. The compliance strategies, and other risk assessment frameworks, have prioritised DEDJTR Biosecurity resource allocation.

Target – risk-based strategies 2015-16 Result

Provide two case studies on how the Biosecurity Compliance Strategy or risk assessment frameworks have been used to prioritise biosecurity activities.

Two case studies are outlined in attachment 1.

1. Potato Spindle Tuber Viroid2. Lupin anthracnose

Working with industry

DEDJTR Biosecurity is committed to ensuring strong engagement with industry and the community to deliver the best biosecurity protection for Victoria.

Target – working with industry 2015-16 Result

DEDJTR Biosecurity will provide two case studies demonstrating key areas of support provided to communities and industries.

Two case studies are outlined in attachment 2.

1. Victorian Rabbit Action Network2. Nectarine preparation for export

to China

Timeliness

DEDJTR Biosecurity understands the role it undertakes as a regulator places burden on the businesses and individuals it regulates, especially in the form of time taken to meet regulatory commitments. Completing forms and permit applications using a paper-based system is a lengthy and slow process. DEDJTR Biosecurity is transitioning to online forms and permit applications to reduce the time taken for individuals to complete these regulatory processes.

Target – timeliness 2015-16 Result

DEDJTR Biosecurity will make available online by June 2016:

80 per cent of high volume licences (>40 issued per year)

80 per cent of medium volume licences and permits (10-40 issued per year).

While this target has not been achieved, DEDJTR Biosecurity has implemented the following online applications that target high volume licence permits:

Plant health certification (PHC) online forms. The application supports simple digital

management of the certification process and replaces the multiple paper based forms previously required for each inspection; (665 of 732 PHC applications were made online).

Property Identification Code (PIC) online registration forms. This channel provides an alternative to the previous cumbersome hard copy process; (1,370 of 4,586 PIC applications were made online).

National Livestock Identification Scheme (NLIS) online tag ordering and payment service (8,489 of 15,184 tag applications were made online).

DEDJTR Biosecurity will develop processes to enable 40 per cent of applications online in 2015 to 2016.

This target has been achieved. DEDJTR Biosecurity has enabled the following online processes:

In total, 50.2 per cent of total transactions to DEDJTR Biosecurity were made online during 2015-16.

Of the PIC applications in 2015 to 2016 nearly 30 per cent have been administered online leading to process efficiencies and a reduction in regulatory burden.

Similarly, since the implementation of NLIS tag orders online, nearly 60 per cent have been administered electronically.

Accountability and transparency

DEDJTR Biosecurity is committed to being an accountable and transparent regulator. The department developed a Biosecurity Evidence Framework (BEF) to ensure adequate accountability and transparency of its regulatory activities and provide greater consistency and assurance in the way in which biosecurity regulatory activities are reported. A 2012 VAGO performance audit report2 on the Effectiveness of Compliance Activities of the former Department of Primary Industries (DPI) and Department of Sustainability and Environment (DSE) also found that DPI had not clearly identified how it measures the success of its compliance activities, or how it monitors and reports compliance performance. Its public

2 VAGO (2012) Effectiveness of Compliance Activities: Departments of Primary Industries and Sustainability and Environment http://www.audit.vic.gov.au/publications/20121024-Compliance-DPI-DSE/20121024-Compliance-DPI-DSE.pdf

compliance reporting was found to be activity/output focused, with minimal reporting on outcomes. It also recommended that the former departments establish department-wide compliance performance management systems.

Target – accountability and transparency 2015-16 Result

DEDJTR Biosecurity will implement the Biosecurity Evidence Framework (BEF) and collect the first year’s data by 30 June 2016.

The BEF was implemented and first year data collected. This data will now be collated and synthesised to inform the first annual performance summary for 2015 to 2016.

Other notable activity by DEDJTR Biosecurity in 2015 to 2016

Emergency responsesDuring 2015 to 2016, DEDJTR Biosecurity responded to:

Russian wheat aphid; Giant Pine Scale; Chestnut Blight; Melon Necrotic Spot Virus; the tick-borne disease Ehrlichia canis in a dog imported from Malaysia; a large blue-green algae bloom on the Murray River; pigeon parmyxovirus in racing and fancy pigeons; and the live cattle suspension to Japan following initial detections of bovine Johne’s

Disease.

DEDJTR Biosecurity conducted a number of exercises to test preparedness, including: Exercise Haryana, in collaboration with the grains industry, which tested the

hypothetical situation of Karnal bunt being detected in Australia; an exercise with the bee industry on a suspected Varroa mite incursion; and Exercise Telemarchus and Exercise Diomedes to prepare for and respond to foot-

and-mouth disease.

Additionally, a comprehensive investigation involving staff from DEDJTR Biosecurity was undertaken in August 2015 into a possible incursion of the exotic horse disease equine piroplasmosis. The investigation was requested by the Australian Government Department of Agriculture and Water Resources. No past or present evidence of the disease was found on any properties of interest in Victoria.

Response to greyhound racing reportsIn 2015 to 2016 DEDJTR introduced changes to the Prevention of Cruelty to Animals Act 1986 (the Act). The amendments mark the start of the Victorian Government’s response to the Investigation into animal welfare and cruelty in the Victorian greyhound industry3 and the 2015 Own Motion Inquiry into Live Baiting in Greyhound Racing in Victoria4 reports. The changes to the Act include amendments to strengthen the existing provision in the Act in

3 Dr Charles Milne (2015) Investigation into animal welfare and cruelty in the Victorian greyhound industry.http://agriculture.vic.gov.au/__data/assets/pdf_file/0016/321136/GreyhoundReport_final_12Nov2015_v9.pdf4 Sal Perna. 2015 Own Motion Inquiry into Live Baiting in Greyhound Racing in Victoria. http://www.parliament.vic.gov.au/file_uploads/2015_Own_Motion_Report_into_Live_Baiting_in_Greyhound_Racing_6M6410tn.pdf

relation to live baiting for greyhounds and provide stronger powers and increased penalties for these cruel activities.

New approach for managing bovine Johne’s diseaseDEDJTR Biosecurity partnered with the Victorian cattle industry to contribute to a review of the national management of bovine Johne’s disease. The national approach was agreed to in 2015 to 2016 and a revised de-regulated approach was developed for implementation on 1 July 2016. DEDJTR Biosecurity proposed industry subsidisation in Victoria for disease management tools. This was accepted and implementation began on 1 July 2016.

National recognition of excellence in information managementDEDJTR Biosecurity developed a software platform for biosecurity management and emergency preparedness. The MAX software has brought huge efficiency gains to the management of biosecurity emergencies nationwide since its development in Victoria. On 29 June 2016, the MAX software was awarded the 2016 Victorian Public Sector and Government iAward by the Australian Information Industry Association. This award is the top tech award for innovation dedicated to delivering improved government service delivery. The award is a recognition of the hard work and dedication of DEDJTR Biosecurity staff in developing such an innovative and important piece of software. MAX has been adopted by most jurisdictions across Australia.

LegislationDuring 2015 to 2016, DEDJTR Biosecurity developed legislation to reflect areas requiring further regulation to protect agriculture and the environment or to meet changing community expectations. These include:

Ballast Water regulations were extended due to delay in implementation of national ballast water regulations under the Commonwealth Biosecurity Act 2015;

The Prevention of Cruelty to Animals Amendment Act 2015 (the Act) was introduced into the Victorian Parliament in September 2015 and received royal assent in November 2015. The amendments to the Act provide for:

o improved powers to deal with large-scale animal welfare emergencies, including powers for the disposal of animals, for the purpose of alleviating an animal welfare emergency;

o new offences for animal, dog and cock, fighting and power of entry onto properties and seizure of the animals involved;

o the outlawing of spaying of animals without a veterinary practitioner present; and

o further regulation and cost-recovery of inspections of animals involved in research and teaching.

In October 2015 the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 was introduced into the Victorian Parliament and received Royal Assent in April 2016.

This Act changes bee licencing arrangements as part of the Government’s policy to “put the buzz back into agriculture”. The policy recognises the significant contribution to agriculture bee services provide and contains several initiatives to support apiculture on Crown land.

ConclusionDEDJTR Biosecurity has addressed the Statement of Expectations during 2015 to 2016 by increasing accountability and transparency, implementing risk-based regulatory approaches, engaging with industry and the community, and reducing regulatory burden. DEDJTR Biosecurity was also involved in responding to biosecurity emergencies and conducting preparatory exercises for future emergencies. DEDJTR Biosecurity ensured it remained a contemporary regulatory agency through the introduction of legislative changes to protect Victoria from pests and disease, as well as meeting community expectations for animal welfare.

Attachment 1

Case study 1

Potato Spindle Tuber Viroid

Potato Spindle Tuber Viroid (PSTVd) is a significant plant disease affecting a range of solenaceous crops including certified seed potatoes.

For the past 20 years national and state regulatory authorities have responded to detections of PSTVd in commercial crops. As a declared exotic disease under the Emergency Plant Pest Response Deed, incursions of this disease need to be responded to ensure actions and outcomes are undertaken in a manner consistent with its phytosanitary status.

Due to a range of reasons, such as the cryptic nature of the disease and several recent incursions of the disease in commercial tomato crops, a review was undertaken into the status of PSTVd and eventual removal of import requirements of host material entering the country from affected countries (i.e. effectively deregulation of controls).

Upon this decision being made, international traders were informed of this change in status which in turn resulted in the loss of export markets for Victorian certified seed potatoes of approximately $100,000.

In response to this situation, DEDJTR Biosecurity undertook an assessment of the risk pathways associated with the entry of PSTVd into Victoria. This included consultation with interstate plant health regulators and the Victorian Seed Potato Certification Authority (VicSPA). The assessment identified that whilst the disease had never been recorded in potatoes grown in Victoria, but there was insufficient surveillance data to sufficiently verify that the Certified Seed Potato Scheme was free from the disease. Producers operating under the scheme supply approximately 50 per cent of commercial potato producers with their annual seed requirements.

DEDJTR Biosecurity designed a risk-based intervention. This intervention implemented subordinate legislation and surveillance strategies required under international pest freedom standards to restore VicSPA’s claims to PSTVd freedom in the certified seed potato industry. This assessment focussed the allocation of government and industry resources to deliver grower training and awareness programs and collection of surveillance data. To assist Commonwealth Government efforts to restore trade, DEDJTR Biosecurity prepared a detailed report describing legislative arrangements, as well as active and passive surveillance, to justify future freedom claims.

Trade to several pacific and south east Asian trading partners for Victorian certified seed producers has been restored. Industry investment in biosecurity practice has been enhanced through greater investment in passive surveillance programs now targeting PSTVd and other biosecurity threats.

Figure 1: A DEDJTR Biosecurity Officer checking a crop for pests and diseases (DEDJTR Biosecurity, 2016)

Case study 2

Lupin anthracnose

Lupin anthracnose (LA) is a seed and soil borne disease that has the potential to cause up to 80-85 per cent losses in susceptible crops. Victoria has area freedom for LA and requires certification and testing or treatment of host material and agricultural equipment sourced from affected states, including South Australia.

In recent years, resource constraints has limited enforcement arrangements for LA affected material sourced from affected states. This situation has resulted in queries from South Australia’s biosecurity and industry groups about DEDJTR Biosecurity’s approach to monitoring and enforcing state legislative requirements. These requirements, while fit for purpose in 2002, were not risk-based and are resource intensive. They imposed the same level of risk intervention on all LA movement pathways irrespective of their risk status.

Pulse Australia, and several other industry groups, including the Stock Feed Manufactures Council of Australia, have vested interests in Victoria’s approach to LA. This includes future area freedom claims and certification requirements. Victorian and NSW producers require the status quo to be maintained, that is certification requirements for all host pathways, whilst South Australian producers were seeking a more risk-based approach.

In accordance with national guidelines, DEDJTR Biosecurity completed a Pest Risk Analysis (PRA) on entry for existing LA entry pathways. This is to verify their adequacy as effective biosecurity arrangements in relation to protecting the states with LA freedom status, and to ensure resource allocation was being coordinated appropriately. To ensure sufficient industry engagement during the preparation of the PRA, DEDJTR Biosecurity held several focus group meetings to inform affected parties of the review process and to seek technical input on existing industry standards and practices.

DEDJTR Biosecurity presented the findings of the PRA to industry in September 2015 for their consideration. The report identified several areas within the legislative framework that were trade restrictive and accordingly required amendment to ensure Victoria’s approach remained consistent with national obligations. Effective 1 November 2015, Victorian LA entry conditions were amended to enable a more risk-based approach to disease management. Findings from this report have been used to inform DEDJTR Biosecurity’s approach to LA compliance and associated resource allocation. To support these changes a comprehensive stakeholder engagement and awareness program was implemented to raise awareness of industry compliance requirements and biosecurity management responsibilities.

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Figure 2: A DEDJTR Biosecurity Officer looking for soil borne disease in a sample (DEDJTR Biosecurity, 2016)

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Attachment 2

Case study 1:

Victorian Rabbit Action Network

Managing widely established invasive species brings a complex set of challenges. Their shear spatial scale, ecology, and diversity of stakeholders involved with differing opinions and objectives mean that management is a complex and challenging task. Without sustained, collective actions, much of the effort will be in vein.

The Victorian Rabbit Action Network (VRAN), a collaboration between the Victorian Government and the Invasive Animals Cooperative Research Centre, has been established with collective actions in mind. The project’s objective is to facilitate community-led approaches to rabbit management.

A first of its kind for invasive species management, the parties in this project apply a participatory, democratic system for strategy development. The diverse perspectives of those involved in rabbit management are brought together to test and build new strategic solutions to this complex problem, to advance rabbit management in Victoria. The project is overseen by a community-government steering committee, which has been implementing a series of other projects that aim to foster more collective, community-led solutions to rabbit management.

For example, following on from the highly successfully Rabbit Leadership Program and Mentoring program, VRAN convened a state-wide conference. In August 2015, over 140 delegates came from across the country to participate in the Victorian Rabbit Conference: Connecting knowledge and know-how towards more effective community action on rabbits. This was the first rabbit conference held in Victoria since 1958.

The project is currently being evaluated, with industry and other state jurisdictions showing interest in applying the same methodology for established invasive species in their regions. A short video of the program is available at https://www.youtube.com/watch?v=MwhFS3FVNk4&feature=youtu.be.

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Figure 3: A DEDJTR Biosecurity Officer explaining rabbit management techniques to landowners in northern Victoria (Victorian Rabbit Action Network, 2015)

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Case study 2

Nectarine preparation for export to China

Market access is a critical component part of the Victorian food and fibre industry. Victoria exports around $12 billion worth of food and fibre every year. Market access is negotiated with importing countries, often resulting in development of protocols detailing mitigation of risks associated with quarantine pests and diseases.

Recently, after 13 years of negotiation at the Commonwealth level with Victorian Government support, China has agreed to receive nectarines from Australia. Australian producers, outside of fruit fly pest free areas, are required to subject fruit to phytosanitary measures to address the biosecurity risk associated with fruit flies. This includes the Queensland Fruit Fly, which is one of the most prominent nectarine pests.

Market access is a complicated space that takes years to establish, and can be cut off relatively quickly. A series of shipments that are deemed non-compliant by an importing country can result in that trade being shut down, and this can have serious implications for food and fibre exporters and the economy. As it can only take the actions of a few non-compliant export entities to have an impact on market access, it is important that all growers, packhouses, treatment facilities and exporters are fully aware of their legal responsibilities for controlling pests and diseases.

The Victorian Government, in collaboration with the Commonwealth Government, has provided extensive assistance to nectarine growers in order to assist them to comply with the China export protocol. In June 2015 and June 2016, DEDJTR Biosecurity worked closely with the Australian summerfruit industry and the Commonwealth Government to run workshops to prepare industry for the protocol. This was to ensure industry were informed and able to comply with export conditions. In addition, DEDJTR Biosecurity worked with industry to facilitate an audit visit from a Chinese delegation in December 2015. The audit focused on nectarine orchards in order to determine if the Australian summerfruit industry was prepared to export nectarines to the protocol standard.

The result of this audit was favourable and the support that industry gained from DEDJTR Biosecurity was essential to this outcome. China used the information collected during the audit to continue to work with the Commonwealth Government to finalise the protocol in time for trade to commence in 2016.

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Figure 4: A Chinese delegation being showed fruit fly management procedures on a nectarine farm in Victoria (DEDJTR Biosecurity, 2016)

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