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Aboriginal Affairs Victoria1

PART ASection 1 – Legislative FrameworkObjectivesTo recognise, protect and conserve Aboriginal cultural heritage in Victoria in ways that are based on respect for Aboriginal knowledge and cultural and traditional practices.To recognise Aboriginal people as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage.To accord appropriate status to Aboriginal people with traditional or familial links with Aboriginal cultural heritage in protecting that heritage.To promote the management of Aboriginal cultural heritage as an integral part of land and natural resource management.To promote public awareness and understanding of Aboriginal cultural heritage in Victoria.To establish an Aboriginal cultural heritage register to record Aboriginal cultural heritage.To establish processes for the timely and efficient assessment of activities that have the potential to harm Aboriginal cultural heritage.To promote the use of agreements that provide for the management and protection of Aboriginal cultural heritage.To establish mechanisms that enable the resolution of disputes relating to the protection of Aboriginal cultural heritage.To provide appropriate sanctions and penalties to prevent harm to Aboriginal cultural heritage.

Enabling Acts and RegulationsAboriginal Heritage Act 2006

Aboriginal Heritage Regulations 2007Aboriginal Lands Act 19702

Aboriginal Lands Act 19913

Total number of Acts 3Total number of Regulations 1

Other regulatory instruments and guidance materials

Codes of Practice Legislated 0Not legislated 0

Guidance publications available to stakeholders

Number ManyForm Hardcopy and Electronic

Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation NoOutcome measures integrated into internal planning processes YesFrequency of public reporting AnnualExternal data sources/audit NoTimeliness of regulatory processes NoNumber of key activities (e.g. returns processed, appeals considered etc.) NoAllocation of resources across regulatory functions NoUnit costs of key regulatory process No

ABORIGINAL AFFAIRS VICTORIA 34

Public reporting of key performance indicators ReportedMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No

Client satisfaction with regulator activities NoIndicators compared with interstate or similar Victorian bodies NoQuantitative evaluation reported for regulatory initiatives/projects No

Enforcement strategyRelated administration or enforcement functions undertaken by other bodies Not applicable

Risk based enforcement strategy YesEnforcement strategy is published No

Timeliness of regulatory process

Type of activity

Legally binding time

limit

Target time period for processing

applications

Actual time to process

applications

Expected processing

time advised to business

Permit to disturb or excavate land to uncover or discover Aboriginal cultural heritage

No 40-50 days Approximately50 days 40-50 days

Permit to carry out scientific research on Aboriginal cultural heritage

No 40-50 days Approximately30 days 40-50 days

Permit to harm Aboriginal cultural heritage

No 40-50 days Approximately 60 days 40-50 days

Permit to buy or sell an Aboriginal object No 40-50 days Approximatel

y 60 days 40-50 days

Permit to remove an Aboriginal object from Victoria

No 40-50 days None 40-50 days

Secretary to evaluate a Cultural Heritage Management Plan

30 days 30 days 27 days 30 days

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address NoOn-line renewal of licences/permits etc. NoOn-line payment NoOn-line access to information on lodging complaints about regulated firms/ professionals

Not applicable

Relationship with other agencies/regulatorsActs/Regulations administered jointly with another agency NoFormal agreement with other Victorian agency/regulator NoFormal agreement with Commonwealth agency/regulator No

35 VICTORIAN REGULATORY SYSTEM 2013

Section 3 – StructureGovernance structure

Governing body Business unit of Department of Premier and Cabinet (DPC)

Method of appointment By delegation from Secretary, DPCNumber of members of governing body Not applicableResponsible Minister Minister for Aboriginal AffairsDepartment supporting Minister DPC

CompositionComposition of governing body legislated NoStakeholder representatives present on governing body Not applicable

Ministerial Statement of ExpectationsPublicly available ministerial statement of expectations No

Part B Section 4 – Operational dataEnforcement activitiesOperational activity 2009-10 2010-11 2011-12Complaints about regulated firms/ professionals 0 0 0

Investigations 27 22 26Disciplinary actions/prosecutions commenced 1 0 0

Penalties imposed 1 1 0

Other operational information2009-10 2010-11 2011-12

No. of staff (EFT)4 91 89 80No. of licensed/registered parties at financial year end 9 9 9

Revenue from licences/registration ($ million)

Not applicable Not applicable Not applicable

Total expenditure ($ million) 19.8 22.9 24.9


Permit’s, licences, approvals, certification and registration activity

Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

(%)Permit to disturb or excavate land to uncover or discover Aboriginal cultural heritage

Per excavation Regulations 8 fee units 2 Not

available

Permit to carry out scientific research on Aboriginal cultural heritage

Per research Regulations 8 fee units 2 Not available

Permit to harm Aboriginal cultural heritage

Per activity Regulations 46 fee units 16 Not available

Permit to buy or sell an Aboriginal object

Per purchase or

saleRegulations 13 fee units 0 Not

available

Permit to remove an Aboriginal object from Victoria

Per removal Regulations 13 fee units 0 Not available

Secretary to evaluate a Cultural Heritage Management Plan

Per Plan Act 0 269 100

Registered Aboriginal Party evaluate a Cultural Heritage Management Plan

Per Plan Act

Various regulated fees go directly to the Registered Aboriginal Party

175 Not available

Total 464

Contact details:Office of Aboriginal Affairs VictoriaGPO Box 2392MELBOURNE VIC 3001Phone: 9208 3290Email: [email protected]: www.dpcd.vic.gov.au/aav


Animal, Plant and Chemical Operations BranchPART ASection 1 – Legislative FrameworkObjectivesTo minimise the impact of plant pests and diseases on Victorian plant industries, with the aim of maintaining and expanding domestic and overseas markets.

Enabling Acts and RegulationsDrugs, Poisons and Controlled Substances Act 1981

Drugs, Poisons and Controlled Substances (Industrial Hemp) Regulations 2008Plant Biosecurity Act 2010

Plant Biosecurity Regulations 2012Total number of Acts 2Total number of Regulations 2




Number 16Form Hardcopy and electronic

Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation NoOutcome measures integrated into internal planning processes YesFrequency of public reporting NoExternal data sources/audit NoTimeliness of regulatory processes Yes5

Number of key activities (e.g. returns processed, appeals considered etc.) Yes6

Allocation of resources across regulatory functions NoUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No



Enforcement strategyRelated administration or enforcement functions undertaken by other bodies Yes

Risk based enforcement strategy YesEnforcement strategy is published Yes7


Type of activity


limit


applications


applications

Expected processing


Plant health certificates No Less than1 day

Less than 1 day

Less than 1 day

Co-regulation/ accreditation facilitating movement of plants and plant products

No Less than 2 weeks

Less than 2 weeks

Less than 2 weeks

Permits to move specified plants and plant products into or out of control areas, into Restricted Areas, or into Victoria

No No 1 day 1 day

Permit to cultivate, possess and process low THC cannabis

No No Not Applicable Not Applicable

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address NoOn-line renewal of licences/permits etc. NoOn-line payment NoOn-line access to information on lodging complaints about regulated firms/ professionals No

Relationship with other agencies/regulatorsActs/Regulations administered jointly with another agency NoFormal agreement with other Victorian agency/regulator NoFormal agreement with Commonwealth agency/regulator Yes8

Section 3 Structure

Governance structure

Governing body Internal Unit of the Department of Environment and Primary Industries (DEPI)

Method of appointment Not applicableNumber of members of governing body Not applicableResponsible Minister Minister for Agriculture and Food SecurityDepartment supporting Minister DEPI

ANIMAL, PLANT AND CHEMICAL OPERATIONS BRANCH 41

CompositionComposition of governing body legislated No

Stakeholder representatives present on governing body Not Applicable

Ministerial Statement of ExpectationsPublicly available ministerial statement of expectations Yes

Date of agreement 27 October 2011Most recent review/revision 27 October 2011

Linkwww.dpi.vic.gov.au/about-us/legislation/ministerial-statements-of-expectations/soe-for-biosecurity-victoria

Public reporting of performance against statement of expectations Yes





No. of staff (EFT) 49 49 25No. of licensed/registered parties at financial year end


Revenue from licences/registration ($ million)




Permits, licences, approvals, certification and registration activity

Type of activity

Duration/ frequency

Requirements

set byFees set

by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

Plant health certificates

Per consignment

Act/ Regulations/

OrdersOrder >10 000 Not

available

Co-regulation/ accreditation facilitating movement of plants and plant products

1 year Act Order 2935 Not available

Permits to move specified plants and plant products into or out of control areas, into Restricted Areas, or into Victoria

1 year or per

consignment

Act/Order Not applicable >1200 Not

available

Permit to cultivate, possess and process low THC cannabis

Up to 3 years Act Regulations 0 Not

available

Total >14 000

Contact details:Animal, Plant and Chemical Operations BranchPO Box 2500BENDIGO DC VIC 3554 Phone: 136 186Email: [email protected]: www.dpi.vic.gov.au

ANIMAL, PLANT AND CHEMICAL OPERATIONS BRANCH 43

Architects Registration Board of VictoriaPART ASection 1 – Legislative FrameworkObjectivesTo register architects.To approve architectural companies and partnerships.To regulate the professional conduct of architects.To provide a procedure for handling complaints against architects.To control the title ‘architect’ and the phrases 'architectural services', 'architectural design services' or 'architectural design' in relation to the design of buildings or parts of buildings or the preparation of plans, drawings or specifications for buildings or parts of buildings.

Enabling Acts and RegulationsArchitects Act 1991

Architects Regulations 2004Total number of Acts 1Total number of Regulations 1


Codes of Practice Legislated 19

Not legislated 110


Number ManyForm Hardcopy and electronic

Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation YesOutcome measures integrated into internal planning processes YesFrequency of public reporting AnnualExternal data sources/audit YesTimeliness of regulatory processes YesNumber of key activities (e.g. returns processed, appeals considered etc.) YesAllocation of resources across regulatory functions YesUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No



Enforcement strategyRelated administration or enforcement functions undertaken by other bodies Yes11

Risk based enforcement strategy YesEnforcement strategy is published Yes


Type of activity


limit


applications


applications

Expected processing


Architect Registration No 30 days Not reported NoRegistration of an Architectural Partnership or Company

No 30 days Not reported No

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address YesOn-line renewal of licences/permits etc. NoOn-line payment NoOn-line access to information on lodging complaints about regulated firms/ professionals Yes

Relationship with other agencies/regulatorsActs/Regulations administered jointly with another agency NoFormal agreement with other Victorian agency/regulator NoFormal agreement with Commonwealth agency/regulator No

Section 3 – StructureGovernance structureGoverning body Board

Method of appointment

2 by election of architects, 1 by nomination of schools of architecture, 1 by nomination of the Australian Institute of Architecture, 2 by nomination of the building industry, 2 by nomination of the Minister of Consumer Affairs, 1 by nomination of the allied professions, and 1 by nomination of the Senior Government Architect.

Number of members of governing body 10Responsible Minister Minister for Planning

Department supporting Minister Department of Transport, Planning and Local Infrastructure

CompositionComposition of governing body legislated YesStakeholder representatives present on governing body Yes

ARCHITECTS REGISTRATION BOARD OF VICTORIA 45






No. of staff (EFT) 3.8 3.6 3.6No. of licensed/registered parties at financial year end 4185 4309 4513

Revenue from licences/registration ($ million) 0.74 1.10 1.27



Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

Architect registration Annual Act/

Regulations Regulations 316 Not available

Registration of an Architectural Partnership or Company

Annual Act/ Regulations Regulations 58 Not

available

Total 374

Contact details:Architects Registration Board of VictoriaLevel 7, 372 Albert StreetEAST MELBOURNE VIC 3002Phone: 9417 4444Email: [email protected]: www.arbv.vic.gov.au


Automotive Alternative Fuels Registration BoardPART ASection 1 – Legislative FrameworkObjectivesTo register businesses and accredit individuals to carryout Liquid Petroleum Gas (LPG), Compressed Natural Gas (CNG) and Liquified Natural Gas (LNG) conversions on motor vehicles in Victoria and to ensure that they (the conversions) are carried out in accordance with the relevant Australian Standards.

Enabling Acts and RegulationsRoad Safety Act 1986

Road Safety (Vehicles) Regulations 2009Total number of Acts 1Total number of Regulations 1




Number 312

Form Hardcopy and electronic

Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation NoOutcome measures integrated into internal planning processes NoFrequency of public reporting NoExternal data sources/audit NoTimeliness of regulatory processes NoNumber of key activities (e.g. returns processed, appeals considered etc.) NoAllocation of resources across regulatory functions NoUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No

Client satisfaction with regulator activities YesIndicators compared with interstate or similar Victorian bodies NoQuantitative evaluation reported for regulatory initiatives/projects No

AUTOMOTIVE ALTERNATIVE FUELS REGISTRATION BOARD 47

Enforcement strategyRelated administration or enforcement functions undertaken by other bodies No



Type of activity


limit


applications


applications

Expected processing


LPG Business Application No No Up to 14 days 30 days

CNG Business Application No No Up to 14 days 30 days

CNG Accreditation No No Up to 14 days 30 daysLNR Registered Business No No Up to 14 days 30 days

LNA Accreditation No No Up to 14 days 30 days

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address NoOn-line renewal of licences/permits etc. YesOn-line payment YesOn-line access to information on lodging complaints about regulated firms/ professionals Yes

Relationship with other agencies/regulatorsActs/Regulations administered jointly with another agency Yes13

Formal agreement with other Victorian agency/regulator NoFormal agreement with Commonwealth agency/regulator No


Governing body Automotive Alternative Fuels Registration Board (AAFRB)

Method of appointment Established under the Vehicles Standards Information Sheet No. 27

Number of members of governing body 6Responsible Minister Minister for Transport and RoadsDepartment supporting Minister Department of Transport (VicRoads)

CompositionComposition of governing body legislated NoStakeholder representatives present on governing body No







No. of staff (EFT) 4 4 4No. of licensed/registered parties at financial year end 2460 2619 2546




Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

LPG Business Registration Annual AAFRB AAFRB 592 2%

CNG Business Registration Annual AAFRB AAFRB 8 2%

CNG Accreditation Annual AAFRB AAFRB 3 2%

LPG Accreditation Annual AAFRB AAFRB 1893 2%

LNR Registered Business Annual AAFRB AAFRB 24 2%

LNA Registered Business Annual AAFRB AAFRB 26 2%

Total 2546

AUTOMOTIVE ALTERNATIVE FUELS REGISTRATION BOARD 49

Contact details:Automotive Alternative Fuels Registration Board5th Floor464 St Kilda RoadMELBOURNE VIC 3004Phone: 9862 6700Email: [email protected]: www.aafrb.com.au


Building CommissionPART ASection 1 – Legislative FrameworkObjectivesTo regulate for a safe, liveable and sustainable built environment

Enabling Acts and RegulationsBuilding Act 1993

Building Regulations 2006

Additional Administered Acts and RegulationsBuilding and Construction Industry Security of Payment Act 2002

Building and Construction Industry Security of Payment Regulations 2003Total number of Acts 2Total number of Regulations 2





Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation Yes14

Outcome measures integrated into internal planning processes YesFrequency of public reporting AnnualExternal data sources/audit YesTimeliness of regulatory processes NoNumber of key activities (e.g. returns processed, appeals considered etc.) Yes15

Allocation of resources across regulatory functions NoUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No

Client satisfaction with regulator activities Yes16

Indicators compared with interstate or similar Victorian bodies NoQuantitative evaluation reported for regulatory initiatives/projects No

BUILDING COMMISSION 51


Risk based enforcement strategy Yes18

Enforcement strategy is published Yes19


Type of activity


limit


applications


applications

Expected processing


Certificate of consent 28 days 21days Not recorded NoCommercial builder No 28 days Not recorded NoDemolition builder No 28 days Not recorded NoDomestic builder No 56 days Not recorded NoBuilding inspector No 28 days Not recorded NoBuilding surveyor No 28 days Not recorded NoDraftsperson No 28 days Not recorded NoEngineer No 28 days Not recorded NoQuantity surveyor No 28 days Not recorded NoTemporary structures erector No 28 days Not recorded No

Building product No No Not applicable No

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address Yes

On-line renewal of licences/permits etc. Yes licencesNo permits

On-line payment YesOn-line access to information on lodging complaints about regulated firms/ professionals Yes


Formal agreement with other Victorian agency/regulator Yes21

Formal agreement with Commonwealth agency/regulator Not applicable

Section 3 – StructureGovernance structureGoverning body Commission22

Method of appointment Ministerial appointmentNumber of members of governing body 1 (Commissioner)Responsible Minister Minister for Planning

Department supporting Minister Department of Planning and Community Development

Composition


Composition of governing body legislated Not applicableStakeholder representatives present on governing body Not applicable






No. of staff (EFT) 115 125 120No. of licensed/registered parties (at financial year end) 24 199 Not supplied Not supplied




Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

Certificate of consent 3 years Act/

RegulationsBuilding

Regulations 2006

8041 Not applicable

Commercial builder Annual Act/

RegulationsMinisters

Guidelines 4461 Not applicable

Demolition builder Annual Act/



Domestic builder Annual Act/


Guidelines 14 837 Not applicable

Building inspector Annual Act/



Building surveyor Annual Act/



Draftsperson Annual Act/ Regulations

Ministers Guidelines 2346 Not

applicable

Engineer Annual Act/ Regulations


applicable

BUILDING COMMISSION 53


Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

Quantity surveyor Annual Act/



Temporary structures erector

Annual Act/ Regulations


applicable

Building product Variable Act/ Regulations

Not applicable

Not applicable

Not applicable

Total 33 379

Contact details:Building CommissionPO Box 536 MELBOURNE VIC 3001Phone: 1300 815 127Internet: www.buildingcommission.com.au


Bureau of Animal Welfare23

PART ASection 1 Legislative FrameworkObjectivesTo regulate the use of animals in research and testing.To develop legislation, standards and codes of practice to prevent cruelty to animals.To develop legislation and codes of practice to protect the community from feral and nuisance dogs and cats, identify owners of dogs and cats, regulate dangerous dog ownership and to regulate domestic animal businesses.To regulate the microchip industry and data records of cats, dogs and horses.To regulate the management and care of cats and dogs by Council pounds and animal shelters.To develop legislation to regulate the impounding of livestock and the agistment of horses.

Enabling Acts and RegulationsDomestic Animals Act 1994

Domestic Animals Regulations 2005Impounding of Livestock Act 1994

Impounding of Livestock Regulations 2008Prevention of Cruelty to Animals Act 1986

Prevention of Cruelty to Animals Regulations 2008 Prevention of Cruelty to Animals (Domestic Fowl) Regulations 2006



Codes of Practice Legislated 3424

Not legislated 725


Number 3026


Section 2 Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation YesOutcome measures integrated into internal planning processes YesFrequency of public reporting Annual27

External data sources/audit YesTimeliness of regulatory processes NoNumber of key activities (e.g. returns processed, appeals considered etc.) NoAllocation of resources across regulatory functions NoUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No


BUREAU OF ANIMAL WELFARE 55


Risk based enforcement strategy YesEnforcement strategy is published No


Type of activity


limit


applications


applications

Expected processing


Scientific procedures premises licence No No 15 days 30 days

Scientific procedures field work licence No No 15 days 30 days

Specified animals breeding licence No No 15 days 30 days

Licensed Microchip Registries No No 21 days 30 days

Registered Council Businesses No No 21 days 30 days

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address NoOn-line renewal of licences/permits etc. NoOn-line payment NoOn-line access to information on lodging complaints about regulated firms/ professionals

Yes

Relationship with other agencies/regulatorsActs/Regulations administered jointly with another agency YesFormal agreement with other Victorian agency/regulator Yes29

Formal agreement with Commonwealth agency/regulator No



Governing body Internal unit of the Department of Environment and Primary Industries (DEPI)

Method of appointment Not applicableNumber of members of governing body Not applicableResponsible Minister Minister of Agriculture and Food SecurityDepartment supporting Minister DEPI

CompositionComposition of governing body legislated NoStakeholder representatives present on governing body Not applicable


Date of agreement 27 October 2011Most recent review/revision 27 October 2011

Linkwww.dpi.vic.gov.au/about-us/legislation/ministerial-statements-of-expectations/soe-for-biosecurity-victoria



InvestigationsAudits of scientific licencesAudits of microchip registries, implanters, pounds and domestic animal

13545

12412

34057

Disciplinary actions/prosecutions commenced 0 1 1



No. of staff (EFT) General 3.1 3.1 2.2 Component relating Part 3 of the

Prevention of Cruelty to Animals Act (POCTAA)

2.4 2.5 2.4

Domestic Feral and Nuisance Animals Act

7.1 8.0 8.7

BUREAU OF ANIMAL WELFARE 57


Impounding of Livestock Act 0.2 0.2 0.2No. of licensed/registered parties at financial year end

General 187 188 194 Component relating Part 3 of the

POCTAA 163 183 189

Revenue from licences / registration ($ million)

General 0.10 0.15 0.11 Component relating to Part 3 of

the POCTAA 0.10 0.14 0.10

Total expenditure ($ million) 3.0 3.1 3.6Bureau total budget ($ million) 3.4 3.4 3.7


Type of activity

Duration/ frequency

Requirements

set byFees set

by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

Scientific procedures premises licence

1-3 years Act/ Regulations Regulations 42 Not

available

Scientific procedures field work licence

1 -3 years Act/ Regulations Regulations 24 Not

available

Specified Animal Breeding licence


available

Licensed Microchip Registries


available

Registered Council Businesses

1 year Act/ Regulations Regulations 1 Not

available

Total 69

Contact details:Bureau of Animal Welfare475 Mickleham RoadATTWOOD VIC 3049 Phone: 9217 4200Email: [email protected]: www.dpi.vic.gov.au/animalwelfare


Business Licensing AuthorityPART ASection 1 – Legislative FrameworkObjectivesTo ensure that only eligible individuals and businesses enter the relevant industries.To screen entrants into these industries on a range of grounds aimed primarily at promoting consumer protection.To provide access to accurate public registers and information on licensing.

Enabling Acts and RegulationsBusiness Licensing Authority Act 1998

Additional Administered Acts and Regulations

Australian Consumer Law and Fair Trading Act 2012 (permission applications re debt collectors and introduction agents)Conveyancers Act 2006

Conveyancers (Professional Conduct and Trust Account and General) Regulations 2008

Conveyancers (Qualifications, Experience and Fees) Regulations 2008Estate Agents Act 1980

Estate Agents (Contracts) Regulations 2008 Estate Agents (Education) Regulations 2008 Estate Agents (Exemption) Regulations 2005 Estate Agents (Fees) Regulations 2007 Estate Agents (General, Accounts and Audit) Regulations 2008 Estate Agents (Professional Conduct) Regulations 2008 Estate Agents (Retirement Villages) Regulations 2006

Motor Car Traders Act 1986 Motor Car Traders Regulations 2008

Owners Corporations Act 2006 Owners Corporations Regulations 2007

Sex Work Act 1994 Sex Work Regulations 2006 Sex Work (Fees) Regulations 2004

Second-Hand Dealers and Pawnbrokers Act 1989 Second-Hand Dealers and Pawnbrokers Regulations 2008 Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2006

Travel Agents Act 1986 Travel Agents Regulations 2007







Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation YesOutcome measures integrated into internal planning processes Yes30

Frequency of public reporting AnnualExternal data sources/audit NoTimeliness of regulatory processes YesNumber of key activities (e.g. returns processed, appeals considered etc.) YesAllocation of resources across regulatory functions NoUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No

Client satisfaction with regulator activities YesIndicators compared with interstate or similar Victorian bodies NoQuantitative evaluation reported for regulatory initiatives/projects No


Risk based enforcement strategy Not applicableEnforcement strategy is published Not applicable


Type of activity


limit


applications


applications

Expected processing


Conveyancers Not applicable 35 days 27 days 4 to 6 weeksEstate agents Not applicable 35 days 22 days 4 to 6 weeksEstate agents representatives Not applicable Not applicable Not applicable Not applicable

Motor car traders Not applicable 56 days 97 days 6 weeksOwners Corporation Managers Not applicable 7 days 8 days 7 days

Sex work service providers Not applicable 175 days 180 days 6 months

Brothel Managers Not applicable 35 days 38 days 4 to 6 weeksSecond-Hand dealers and Pawnbroker endorsement

Not applicable 30 days 37.5 days 4 to 6 weeks

Travel agents Not applicable 56 days 57 days 8 weeks

BUSINESS LICENSING AUTHORITY 61

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address YesOn-line renewal of licences/permits etc. YesOn-line payment YesOn-line access to information on lodging complaints about regulated firms/ professionals Yes



Formal agreement with Commonwealth agency/regulator Yes34


Governing body Authority is governed by a Chairperson and Deputy Chairperson

Method of appointment Governor-in-Council appoints Chairperson, and Deputy Chairperson

Number of members of governing body 2Responsible Minister Minister for Consumer AffairsDepartment supporting Minister Department of Justice

CompositionComposition of governing body legislated YesStakeholder representatives present on governing body No



Part B Section 4 – Operational dataOther operational information

2009-10 2010-11 2011-12No. of staff (EFT)35 4.6 4.6 4.6No. of licensed/registered parties at financial year end 19 976 19 885 20 156


Total expenditure ($ million)36 Not applicable Not applicable Not applicable


Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

ConveyancersPerpetual (annual statement)

Act/ Regulations Regulations 69/603 Not

available

Estate agentsPerpetual (annual statement and fee)


available

Motor car traders

Perpetual (annual statement and fee)


available

Sex work service providers

Perpetual (annual statement and fee)


available

Brothel Managers

To be renewed every 3 years


available

Exempt Providers Perpetual Act/

Regulations No Fee 243/189 Not available

Second-hand dealers Perpetual Act/

Regulations Regulations 354/3009 Not available

Pawnbroker endorsement

Perpetual (Annual statement and fee)

Act/ Regulations Act 1 Not

available

Travel agentsPerpetual (annual statement and fee)


available

Owners Corporation Managers

Perpetual (PI insurance, annual statement and fee)


available

Total 2258/16 361

Contact details:BUSINESS LICENSING AUTHORITY 63

Business Licensing AuthorityGPO Box 322B MELBOURNE VIC 3001Phone: 1300 135 452Internet: www.bla.vic.gov.au


Children’s Services37

PART ASection 1 – Legislative FrameworkObjectivesTo provide for the licensing and regulation of children’s services under the Children’s Services Act 1996 (Vic) and to approve and regulate education and care services that operate under the Education and Care Services National Law (Vic) 201038.To regulate the licensing, approval and operation of children’s services and education and care services, to ensure that children being cared for or educated by children’s services are safe, children’s developmental needs are met and their health and wellbeing is supported.


Education and Care Services National Law Act 2010 Education and Care Services National RegulationsChildren’s Services Act 1996 Children’s Services Regulations 2009Total number of Acts 2Total number of Regulations 2




Number Many39


Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation NoOutcome measures integrated into internal planning processes No

Frequency of public reporting

Some information reported annually through Australian Children’s Education and Care Quality Authority (ACECQA)

External data sources/audit NoTimeliness of regulatory processes NoNumber of key activities (e.g. returns processed, appeals considered etc.) NoAllocation of resources across regulatory functions NoUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No

Client satisfaction with regulator activities No

CHILDREN’S SERVICES 65

Public reporting of key performance indicators ReportedIndicators compared with interstate or similar Victorian bodies YesQuantitative evaluation reported for regulatory initiatives/projects No


Risk based enforcement strategy YesEnforcement strategy is published No41


Type of activity


limit


applications


applications

Expected processing


Victorian Law – application for Approval of Premises (to operate a children’s service)

30 days42 Yes Not reported Yes

Victorian Law – application for licence (to operate a children’s service)


Commonwealth Law – Provider approval 60 days44 Yes Not reported Yes

Commonwealth Law – Service approval for an education and care service


Commonwealth Law – application for supervisor certificate


On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address No47

On-line renewal of licences/permits etc. NoOn-line payment Yes48

On-line access to information on lodging complaints about regulated firms/ professionals Yes


Formal agreement with other Victorian agency/regulator NoFormal agreement with Commonwealth agency/regulator Yes


Governing body Department of Education and Early Childhood Development (DEECD)


Method of appointment Not applicableNumber of members of governing body Not applicable

Responsible Minister Minister for Children and Early Childhood Development

Department supporting Minister DEECD

Ministerial Statement of ExpectationsPublicly available ministerial statement of expectations No50





No. of staff (EFT) 70 70 113No. of licensed/approved parties at financial year end Standard (Vic law only) 2394 2405 50 Limited Hours (Vic law only) 452 428 423 Centre-based 1189 Not available 3532 Outside school hours care Not available 899 Not available School holidays care 94 Not available 2 Family day care 21 106 123 Integrated (Vic law only) Not available 275 1 Short term (Vic law only) Not available 3 3Revenue from licences/registration ($ million) 0.8 0.8 0.451


CHILDREN’S SERVICES 67


Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

Standard Service Licence

Up to 5 years

Act/ Regulation Regulation 106 Not

availableLimited Hours Licences (changed to limited hours licences on 25 May 2009)

Up to 5 years


available

Short Term Service Licences

Up to 1 year Act/ Regulation Regulation 4 Not

available

School Holidays Care Licences

Up to 5 years


availableIntegrated Licences

Up to 5 years


available

Family Day Care Service Approvals

No specified end date (Annual Fee applicable)


available

Centre-Based Service Approvals

No specified end date (Annual Fee applicable)


available

Provider Approvals

No specified end date


availableSupervisor Certificate

No specified end date


availableTotal 2780

Contact details:Children’s ServicesGPO Box 4367MELBOURNE VIC 3001Phone: 9637 2000Email: [email protected]: www.education.vic.gov.au/earlychildhood


Consumer Affairs VictoriaPART ASection 1 – Legislative FrameworkObjectivesConsumer Affairs Victoria (CAV) is the State’s general consumer protection agency with the vision of informed and responsible consumers and traders.CAV’s four main goals in pursuing this vision are: Empowered consumers A competitive, fair and safe trading environment Protected vulnerable and disadvantaged consumers Optimised organisational capability

Enabling Acts and RegulationsAustralian Consumer Law and Fair Trading Act 2012 Australian Consumer Law and Fair Trading Regulations 2012

Additional Administered Acts and RegulationsAssociations Incorporation Reform Act 2012 Associations Incorporation Reform Regulations 2012Business Licensing Authority Act 1998 Business Licensing Authority Regulations 2013Business Names (Commonwealth Powers) Act 2011Chattel Securities Act 198752

Chattel Securities (Purchase Price) Regulations 2008Company Titles (Home Units) Act 2013Consumer Credit Act 1995 (Vic) Consumer Credit (Administration) Regulations 2006 (Vic)Conveyancers Act 2006 Conveyancers (Professional Conduct and Trust Account and General) Regulations 2008 Conveyancers (Qualifications, Experience and Fees) Regulations 2008Co-operatives Act 1996 Co-operatives Regulations 2008Credit Act 1984 Credit Regulations 2004Credit (Administration) Act 1984 Credit (Administration) Regulations 2004 Credit (Administration) (Committee) Regulations 2006Credit (Commonwealth Powers) Act 2010Domestic Building Contracts Act 199553

Domestic Building Contracts Regulations 2007Estate Agents Act 1980 Estate Agents (Professional Conduct) Regulations 2008 Estate Agents (General, Accounts and Audit) Regulations 2008 Estate Agents (Contracts) Regulations 2008 Estate Agents (Education) Regulations 2008 Estate Agents (Exemption) Regulations 2005


Additional Administered Acts and Regulations Estate Agents (Retirement Villages) Regulations 2006 Estate Agents (Fees) Regulations 2007Fire Services Levy Monitor Act 2012Fundraising Act 1998 Fundraising Regulations 2009Funerals Act 2006 Funerals (Infringements) Regulations 2011Goods Act 1958 Goods (Revocation) Regulations 2004Motor Car Traders Act 1986 Motor Car Traders Regulations 2008Owners Corporations Act 2006 Owners Corporations Regulations 2007Partnership Act 1958 Partnership (Limited Partnerships) Regulations 2003Residential Tenancies Act 199754

Residential Tenancies Regulations 2008 Residential Tenancies (Rooming House Standards) Regulations 201255

Retirement Villages Act 1986 Retirement Villages (Contractual Arrangements) Regulations 2006 Retirement Villages (Records and Notices) Regulations 2005Sale of Land Act 1962 Sale of Land Regulations 2005Second-Hand Dealers and Pawnbrokers Act 1989 Second-Hand Dealers and Pawnbrokers Regulations 2008 Second-Hand Dealers and Pawnbrokers (Exemption) Regulations 2008Sex Work Act 1994 Sex Work Regulations 2006 Sex Work (Fees) Regulations 2004Subdivision Act 198856

Travel Agents Act 1986 Travel Agents Regulations 2007Veterans Act 200557

Veterans (Patriotic Funds) Regulations 2008Warehousemen’s Liens Act 1958Total number of Acts 30Total number of Regulations 36

CONSUMER AFFAIRS VICTORIA 71





Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation YesOutcome measures integrated into internal planning processes YesFrequency of public reporting AnnualExternal data sources/audit YesTimeliness of regulatory processes YesNumber of key activities (e.g. returns processed, appeals considered etc.) YesAllocation of resources across regulatory functions NoUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) Yes

Client satisfaction with regulator activities YesIndicators compared with interstate or similar Victorian bodies NoQuantitative evaluation reported for regulatory initiatives/projects Yes




Type of activity


limit


applications


applications

Expected processing


Business names59 No 95% within 3 weeks Not applicable Not applicable

Incorporated associations60 No 90% within

1 month92% within

4 weeks No

Incorporated cooperatives61 No 90% within

4 weeks90% within

4 weeks 21 days

Fundraisers 21 days 21 days 21 days 21 daysPatriotic Funds62 No 21 days Not reported 21 daysLimited partnerships63 No 21 days Not reported 21 daysRetirement Villages64 No 14 days Not reported 14 daysFuneral Providers65 No 14 days Not reported 14 days

On-line public access to informationOn-line access to licensing and/or registration information Yes


On-line change of address Yes66

On-line renewal of licences/permits etc. Yes67

On-line payment No68

On-line access to information on lodging complaints about regulated firms/ professionals Yes


Formal agreement with other Victorian agency/regulator70 Yes71

Formal agreement with Commonwealth agency/regulator Yes

Section 3 StructureGovernance structureGoverning body Director72

Method of appointment Appointed pursuant to the Public Administration Act 2004

Number of members of governing body 1Responsible Minister Minister for Consumer AffairsDepartment supporting Minister Department of Justice


Date of agreement 16 March 2013Most recent review/revision May 2013

Link www.consumer.vic.gov.au/about-us/statement-of-expectations-reducing-red-tape


Part B Section 4 – Operational dataEnforcement activitiesOperational activity 2009-10 2010-11 2011-12Complaints about regulated firms/ professionals73 19 897 19 528 17 405

Investigations74 8482 5415 643175

Disciplinary actions/prosecutions commenced76 80 89 81

Penalties imposed Criminal proceedings 77 32 31 Infringement Notices 130 50 29Other operational information

2009-10 2010-11 2011-12No. of staff (EFT) 438.9 452.5 421.8No. of licensed/registered parties at 428 737 436 132 41 08377

CONSUMER AFFAIRS VICTORIA 73

Enforcement activitiesOperational activity 2009-10 2010-11 2011-12financial year endBusiness names78 389 667 395 952 0Incorporated association 35 991 36 756 37 605Incorporated cooperatives 707 698 685Fundraisers 1415 1777 1805Limited partnerships 167 174 199Retirement villages 400 397 404Funeral service providers 380 378 385Revenue from licences/registration ($ million) to consolidated funds 15.3 14.2 14.5

To trust funds79 7.10 7.3 8.0Total expenditure ($ million) 92.880 97.9 105.5


Type of activity

Duration/ frequency

Requirements

set byFees set

by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

Business names81 3 years Act/

Regulations Regulations 60 408 Not available

Incorporated associations Perpetual Act/


Incorporated cooperatives Perpetual Act/


Fundraisers 3 years Act/ Regulations Regulations 657/270 Not

available

Patriotic funds Perpetual Act/ Regulations Regulations 0 Not

availableLimited partnerships Perpetual Act/


Retirement villages Perpetual Act/


Funeral service providers Perpetual Act/


Total 62,748/63,018

Contact details:Consumer Affairs VictoriaGPO Box 123A MELBOURNE VIC 3001Phone: 1300 558 181Email: [email protected]: www.consumer.vic.gov.au


Council of Legal EducationPART ASection 1 – Legislative FrameworkObjectivesThe Council of Legal Education and the Board of Examiners jointly regulate entry into the legal profession in Victoria.

Enabling Acts and RegulationsLegal Profession Act 2004

Legal Profession (Admission ) Rules 2008Public Notaries Act 2001Total number of Acts 2Total number of Regulations 1




Number 17Form Not supplied

Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation NoOutcome measures integrated into internal planning processes NoFrequency of public reportingExternal data sources/audit NoTimeliness of regulatory processes NoNumber of key activities (e.g. returns processed, appeals considered etc.) YesAllocation of resources across regulatory functions NoUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No



Risk based enforcement strategy NoEnforcement strategy is published No

Timeliness of regulatory processType of activity Legally

binding time limit



applications

Expected processing

time advised

COUNCIL OF LEGAL EDUCATION 77

applicationsto

applicantsApproval of academic law providers/courses None None variable 6 months

Approval of practical legal training providers/courses

None None variable 6 months

Assessment of qualified overseas applicant None 6 weeks 6-8 weeks 6 weeks

Skills assessment for qualified overseas practitioners

None 6 weeks 6-8 weeks 6 weeks

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address NoOn-line renewal of licences/permits etc. NoOn-line payment NoOn-line access to information on lodging complaints about regulated firms/ professionals Not applicable

Relationship with other agencies/regulatorsActs/Regulations administered jointly with another agency YesFormal agreement with other Victorian agency/regulator NoFormal agreement with Commonwealth agency/regulator No

Section 3 – StructureGovernance structureGoverning body BoardMethod of appointment Governor in CouncilNumber of members of governing body 14Responsible Minister The Attorney-GeneralDepartment supporting Minister Department of Justice




Part B Section 4 – Operational dataEnforcement activitiesOperational activity 2009-10 2010-11 2011-12Complaints about regulated firms/ professionals Not applicable Not applicable Not applicable

Investigations Not applicable Not applicable Not applicableDisciplinary actions/prosecutions commenced Not applicable Not applicable Not applicable

Penalties imposed Not applicable Not applicable Not applicable


No. of staff (EFT) 8 8 8No. of licensed/registered parties at financial year end 9 9 9

Revenue from licences/registration ($ millions) - 0.0024 0.0030

Total expenditure ($ million) Not supplied Not supplied Not supplied


Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed 2011-12)

Proportion lodged

electronically

Approval of academic law providers/ courses

Not supplied Admission Rules No fees 6 Not

available

Approval of practical legal training providers/ courses

Not supplied Admission Rules No fees 2 Not

available

Assessment of qualified overseas applicant

Not supplied Admission Rules The Council 37 Not

available

Skills assessment for qualified overseas practitioners

Not supplied Admission Rules The Council 87 Not

available

Total 132

COUNCIL OF LEGAL EDUCATION 79

Contact Details:Council of Legal Education451 Little Bourke StMELBOURNE VIC 3000Phone: 9604 2408Email: [email protected]: www.lawadmissions.vic.gov.au


Country Fire AuthorityPART ASection 1 Legislative FrameworkObjectivesTo prevent and suppress fires and protect life and property (Section 20 Country Fire Authority Act 1958 (Vic)).

Enabling Acts and RegulationsCountry Fire Authority Act 1958

Country Fire Authority Regulations 2004

Additional Administered Acts and RegulationsBuilding Act 1993

Building Regulations 2006Planning & Environment Act 1987Dangerous Goods Act 1985

Dangerous Good (Storage and Handling) Regulations 2000 Occupational Health & Safety (Major Hazard Facilities) Regulations 2000 Residential Tenancies (Caravan Parks and Movable Dwellings Registration and

Standards) Regulations 2010Liquor Control Reform Act 1998Total number of Acts 5Total number of Regulations 5




Number ManyForm Hardcopy and electronic

Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation NoOutcome measures integrated into internal planning processes YesFrequency of public reporting AnnualExternal data sources/audit NoTimeliness of regulatory processes NoNumber of key activities (e.g. returns processed, appeals considered etc.) NoAllocation of resources across regulatory functions NoUnit costs of key regulatory process NoMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No

Client satisfaction with regulator activities NoIndicators compared with interstate or similar Victorian bodies No82

Quantitative evaluation reported for regulatory initiatives/projects No

COUNTRY FIRE AUTHORITY 81


Risk based enforcement strategy Yes84

Enforcement strategy is published No


Type of activity


limit


applications


applications

Expected processing


Permit to light a fire for miscellaneous purposes No No Not supplied Not supplied

Registration of a fire brigade No No Not supplied Not supplied

Fire safe inspections No No Not supplied Not supplied

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address NoOn-line renewal of licences/permits etc. NoOn-line payment NoOn-line access to information on lodging complaints about regulated firms/ professionals No



Formal agreement with Commonwealth agency/regulator No

Section 3 StructureGovernance structureGoverning body BoardMethod of appointment Ministerial AppointmentNumber of members of governing body 10Responsible Minister Minister for Police and Emergency ServicesDepartment supporting Minister Department of Justice




Part B Section 4 – Operational dataOther operational information

2009-10 2010-11 2011-12No. of staff (EFT) 1636 1754 1885No. of licensed/registered parties at financial year end Not applicable Not applicable Not applicable

Revenue from licences/registration ($ million) Not applicable Not applicable Not applicable



Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed (2011-12)

Proportion lodged

electronic-ally

Permit to light a fire for miscellaneous purposes

Per fire Regulations Not Applicable 1413 Not

available

Registration of a fire brigade Ongoing Act/

RegulationsNot

Applicable 28 Not available

Fire safe inspections Ongoing

Building Code of Australia

Regulations 745 Not applicable

Fire Safety Inspections Ongoing

Dangerous Goods Regulations

Agreement with WorkSafe Victoria

78 Not applicable

Caravan Fire Safety Inspections

OngoingMoveable dwelling Regulations

Regulations 192 Not applicable

Total 2456

Contact details:Country Fire AuthorityPO Box 701 MT WAVERLEY VIC 3149Phone: 9262 8444Internet: www.cfa.vic.gov.au

COUNTRY FIRE AUTHORITY 83

Dairy Food Safety VictoriaPART ASection 1 Legislative FrameworkObjectivesTo ensure that standards which safeguard public health are maintained in the Victorian dairy industry.To ensure that the dairy industry performs its functions and exercises its powers efficiently and effectively.

Enabling Acts and RegulationsDairy Act 2000


Food Act 198487





Number 4088


Section 2 – Operational informationPublic reporting of key performance indicators ReportedOutcome measures for regulation YesOutcome measures integrated into internal planning processes Yes89

Frequency of public reporting Annual, website90

External data sources/audit Yes91

Timeliness of regulatory processes NoNumber of key activities (e.g. returns processed, appeals considered etc.) YesAllocation of resources across regulatory functions Yes92

Unit costs of key regulatory process YesMeasures of administrative burden on regulated entities (e.g. firms, professionals etc.) No

Client satisfaction with regulator activities Yes93

Indicators compared with interstate or similar Victorian bodies NoQuantitative evaluation reported for regulatory initiatives/projects No

DAIRY FOOD SAFETY VICTORIA 85




Type of activity


limit


applications


applications

Expected processing


Dairy distributors licence No No No No

Dairy farm licence No No No NoDairy food carrier licence No No No No

Dairy manufacturers licence No No No No

Milk broker licence No No No No

On-line public access to informationOn-line access to licensing and/or registration information YesOn-line change of address NoOn-line renewal of licences/permits etc. Partial94

On-line payment YesOn-line access to information on lodging complaints about regulated firms/ professionals Yes



Formal agreement with Commonwealth agency/regulator Yes97,98

Section 3 – StructureGovernance structureGoverning body Board

Method of appointmentMinister (Chair and Departmental Representative)Minister on Selection Committee recommendation

Number of members of governing body 7Responsible Minister Minister for Agriculture and Food Security

Department supporting Minister Department of Environment and Primary Industries

CompositionComposition of governing body legislated YesStakeholder representatives present on governing body No99



Date of agreement 6 Dec 2011100

Most recent review/revision Not Applicable

Linkwww.dpi.vic.gov.au/about-us/legislation/ministerial-statements-of-expectations/soe-for-dairy-food-safety


Part B Section 4 – Operational dataEnforcement activitiesOperational activity 2009-10 2010-11 2011-12Complaints about regulated firms/ professionals

0 51 41101

Investigations 44 4 4102

Disciplinary actions/prosecutions commenced

0 0 14/2103



No. of staff (EFT) 22 21.8 22.4No. of licensed/registered parties at financial year end

Dairy farms Manufacturers (including milk

brokers) Carriers Distributors

5205150

38135

4603164

37130

4575167

39125

Revenue from licences/registration ($ million)Revenue from fee for service activity

3.580.66

3.780.69

4.070.77


DAIRY FOOD SAFETY VICTORIA 87


Type of activity

Duration/ frequency

Requirements set by

Fees set by

Number issued/

renewed (2011-12)

Proportion lodged

electronically

Dairy distributors licence

12 monthsAct/Code of Practice for Dairy Food Safety

Board 128Not reported individually

Dairy farm licence

12 months – Sheep/ Goat, Direct payment farmers24 months – all others

Act/Code of Practice for Dairy Food Safety


Dairy food carrier licence 12 months



Dairy manufacturers licence

12 monthsAct/Code of Practice for Dairy Food Safety


Milk broker licence 12 months



Total 620106 14.2%

Contact details:Dairy Food Safety VictoriaPO Box 840HAWTHORN VIC 3122Phone: 9810 5900Email: [email protected]: www.dairysafe.vic.gov.au


1 Regulatory activity mainly relates to the heritage responsibilities of the work conducted by the Office of Aboriginal Affairs Victoria (OAAV). A significant portion of this involves evaluating ‘cultural heritage management plans’ (when there is no relevant registered Aboriginal party) and ‘Cultural Heritage Permits’. OAAV's work also involves developing and delivering policy, programs and services that address Indigenous aspirations for land and cultural resources, increase understanding and respect for Indigenous culture within the broader community and promote Indigenous community control of the protection and management of Indigenous heritage and cultural property. When OAAV does undertake regulatory enforcement activities, work often involves negotiating agreements so that enforcement activity is not required.

2 2This Act is administered by OAAV, however there are no regulatory activities derived from this legislation.3 3 This Act is administered by OAAV, however there are no regulatory activities derived from this legislation.4 The staff and budget information relates to the whole of OAAV operations and programs. About 35 staff operate

in the regulatory framework around Aboriginal cultural heritage.5 Response within 24 hours to pest and disease incidents.6 Plant pest/disease control plans maintained to assist industry.7 Refer to the Department of Environment and Primary Industries’ overall enforcement policy. See

www.dpi.vic.gov.au8 Memorandum of understanding on animal and plant quarantine measures; Commonwealth and all States and

Territories (21 December 1995), Memorandum of understanding on Interstate Certification Assurance; Commonwealth and all States and Territories (6 August 1999).

9 Professional Conduct Regulations10 The Australian Institute of Architects has a Code of Practice that governs members only.11 Magistrates Court12 Australian Standards AS/NZS 1426-2007, AS/NZS2739-2003, AS2746-200813 Road Safety Act: VicRoads14 Practitioner conduct inquiries, prosecutions, resolution of disputes.15 Building permits, disputes and appeals, practitioner and levy collection.16 Registered building practitioner awareness among consumers and non-registered practitioners and annual

domestic consumer survey.17 CAV, WorkCover, Victoria Police.18 Enforcement strategy is primarily reactive/complaints based, practitioner performance audits are proactive and

risk based.19 www.buildingcommission.com.au20 Major Domestic Building Contract Act: administered by Consumer Affairs Victoria- the Building Commission

provides assistance.21 Memorandum of Understanding: Department of Innovation, Industry and Regional Development (2008)22 The governing body of the Building Commission consists of only one member, the Commissioner. However, the

Building Regulations Advisory Council has stakeholder representation.23 The Bureau of Animal Welfare is a part of Biosecurity Victoria in the Department of Environment and Primary

Industries (DEPI).24 There are 34 codes of practice - 28 under the Prevention of Cruelty to Animals Act 1986 (POCTAA) (3 codes

mandatory under Part 2, 3 codes mandatory under Part 3), and 6 mandatory under the Domestic (Feral and Nuisance) Animals Act 1994 (DFNAA). Livestock Management Regulated welfare Standards and Guidelines now replace livestock transport codes and the pig code.

25 There are six quality assurance programs in major livestock sectors — dairy, poultry broilers, poultry layers, pigs, livestock transport drivers and abattoirs. There is one quality assurance program for pet shops that are members of Pet Industry Association. All are voluntary to join and most producers are not members.

26 Advisory notes are usually developed along with the legislation and then circulated to all primary stakeholders. They are reviewed periodically often in response to practical experience in their implementation. Examples include the Restricted Breed Dog Guidelines booklet, instructions for appeals, guidelines for councils to implement cat and dog control legislation, liens in horses, rodeo requirements and instructions to vets, stock contractors and permit holders.

27 As part of Biosecurity Victoria’s annual reporting processes. The results of which are included in the DEPI Annual Report.

28 Enforcement of Part 2 of the Prevention of Cruelty to Animals Act is delegated to the DEPI Bio-security Division Animal Plant and Chemicals Operations Branch, the Royal Society for the Prevention of Cruelty to Animals

(RSPCA), local government and Victoria Police. Enforcement of the DFNAA is delegated to local government Councils except for the Licensing of Registries and Council’s own44Domestic Animal Businesses which is administered by DEPI Bureau of Animal Welfare.

29 Memorandum of Understanding with the Royal Society for the Prevention of Cruelty to Animals30 Jointly with Consumer Affairs Victoria (CAV).31 Consumer complaint and compliance and enforcement functions for each of the schemes are undertaken by

other bodies. The Business Licensing Authority (BLA) mainly refers complaints to CAV and Victoria Police, depending on the scheme. While the BLA has the power to impose conditions or restrictions, it does not have any of its own enforcement powers nor can it initiate disciplinary proceedings before Victorian Civil and Administrative Tribunal (VCAT).

32 CAV: Conveyancers Act 2006, Estate Agents Act 1980, Motor Car Traders Act 1986, Owners Corporations Act 2006, Sex Work Act 1994, Second-Hand Dealers and Pawnbrokers Act 1989, Travel Agents Act 1986. Victoria Police: Sex Work Act 1994, Second-Hand Dealers and Pawnbrokers Act 1989.

33 Service agreement: Consumer Affairs Victoria (June 2010); Memorandum of Understanding: Legal Services Board (December 2007)

34 Contract for provision of criminal history information: CrimTrac (July 2009)35 This figure includes the BLA Registrar and executive support. Staffing within Licensing Branch of CAV, which

provides support to BLA are set out in CAV entry.36 Expenditure across business licensing and registration schemes falls within CAV budget responsibility, and is

set out in CAV entry.37 Since the implementation of the National Quality Framework (NQF) on 1 January 2012 the term Children’s

Services includes education and care services administered under National Law and children’s services administered under Victorian law. The majority of children’s services in Victoria are now regulated under National Law (i.e. Education and Care Services National Law Act 2010 and Education and Care Services National Regulations). Children’s Services is located within the Early Childhood and School Education Group in the DEECD.

38 The Australian Children’s Education and Care Quality Authority (ACECQA) guides the implementation of the National Quality Framework for Early Childhood Education and Care nationally and promotes consistency in delivery.

39 Guidelines for Imposing Administrative Actions and Statutory Sanctions; Monitoring and Compliance Framework 2010; Prosecution Guidelines; ACECQA Operational Policy Manual for Regulatory Authorities

40 Victoria Police41 Victorian Monitoring and Compliance Framework 2010 is not published however ACECQA Operational Policy

Manual for Regulatory Authorities in relation to education and care services is available on the ACECQA website.42 Additional 30 days if more information is required43 Additional 30 days if more information is required44 May be extended by up to 30 days with the agreement of the applicant45 May be extended with the agreement of the applicant.46 May be extended by up to 30 days with the agreement of the applicant47 Under Victorian law, Children’s Services cannot change their address on-line. Providers of NQF education and

care services are able to submit application forms to change address details on-line.48 Online payment is available only to providers and certified supervisors that are prescribed under the National

Law. 49 National Law only administered with the other jurisdictions. Victorian Law administered by Victoria.50 ACECQA’s statement of expectations is publicly available on the ACECQA website: www.acecqa.gov.au51 Under National Law, providers are charged annual fees for their services payable on or before 1 July each year.

For 2011-2012 only, annual fees were not collected until August 2012 i.e. 2012-2013.52 Part 3 of the Chattel Securities Act 1987 is administered by the Minister for Roads.53 Part 5 of the Domestic Building Contracts Act 1995 is administered by the Attorney-General.54 Sections 23A-25, 27, 32, 33, 45–48, 74–77, 82, 90, 91A, 102, 102A, 103, 104(1),104(4), 104(5), 105(2A),

105(3), 124, 128, 130–134, 141–142B, 142D-212, 213AA,-215, 230, 232–234, 241, 277, 289A, 291–327, 329-333, 335–339, 341, 343–366, 373–376, 385, 388, 388A, 390, 390A, 395–398, 399A-439M, 486–499, 501–504, 505A-510C and 511.

Section 66(1) is jointly administered with the Minister for Housing .This Act is otherwise administered by the Attorney-General, the Minister for Housing and the Minister for Planning.

55 Made by the Minister for Housing.56 Part 5 s 43 only. This Act is otherwise administered by the Minister for the Environment and Climate Change

and the Minister for Planning.57 Part 4 only. This Act is otherwise administered by the Minister for Veterans’ Affairs.58 Australian Competition and Consumer Commission, Australian Securities and Investment Commission, State

and Territory Consumer Protection agencies, Victoria Police and local councils 59 Business names transactions have been transferred to Commonwealth effective 28 May 2012.60 Includes transactions related to registrations, updates, and annual returns Actual figures are based on Financial

Year 2011-12.61 Includes transactions related to updates and annual returns Actual figures are based on financial year 2011-12.62 Due to the low volume of applications and wide variability in processing times, a grade of service measure is

not reported.63 Due to the low volume of applications and wide variability in processing times, a grade of service measure is

not reported64 Same as above.65 Same as above.66 Business names, incorporated associations.67 Business names68 It is anticipated that incorporated associations online lodgement capability will be operational towards the end

of 201369 Australian Competition and Consumer Commission, Australian Securities and Investment Commission, State

and Territory Consumer Regulators: Australian Consumer Law; Department of Treasury and Finance; Trustee Companies Act 1984 and Trustee Companies Regulations 2006.

70 Agreements listed include Memoranda of Understanding and major agreements with other regulatory agencies. List does not include agreements with funded agencies (both casework and policy advocacy), grant recipients or non-regulatory agencies or agreements still under development.

71 Victoria Police (2008), Municipal Association of Victoria (2008), Sustainability Victoria (2008), Legal Services Board (Victoria) (2008), Business Licensing Authority (2008), Building Commission (Victoria) (2007), Essential Services Commission (2010), Office for the Registration of Aboriginal Corporations (2006), Aboriginal Affairs Victoria (2006)

72 Under the Fair Trading Act 1999 (Vic) s98 there is to be a Director of Consumer Affairs Victoria who is employed under Part 3 of the Public Administration Act 2004. The Director is supported by Consumer Affairs Victoria; a division of the Department of Justice.

73 The figures represent the number of cases registered under dispute resolution stage from the date they were received or entered into the system.

74 The figures reported under this heading includes the number of ‘inspections and investigations’ held during the financial year, as per the Victorian Budget,2011-12 Budget Paper Number 3.

75 Includes total inspections and investigations including estate agents, premises inspected for unsafe/banned products and rooming houses, as published in the Consumer Affairs Victoria Annual Report 2011-12.

76 The figures reported under this heading includes prosecutions and civil actions finalised, as published in the Consumer Affairs Victoria Annual Report.

77 From 28 May 2012, business names registration was administered by the Commonwealth (through ASIC).78 As above.79 Does not include transfers, penalties, recoveries or interest.80 The Promoting and Protecting Consumers total output cost for 2009-10 was $159m, which includes $70.1

million for grants, and $16.2m for Responsible Alcohol Victoria.81 Registration of business names has now gone to a national regime as part of Council Of Australian

Governments reforms.82 However, benchmarking of Country Fire Authority (CFA) is currently undertaken by the Productivity

Commission. There are similar fire services in other States and Territories that operate in rural areas with a

volunteer base, but none that have the significant volunteer component that CFA does.83 Fire prevention enforcement functions and permits for fires during the declared fire danger period under CFA

legislation, as well as planning permit requirements are mostly carried out by local government. Additionally, the municipal building surveyor is responsible for enforcement of fire safety regulations relating to buildings and structures, although CFA might provide technical expertise.

84 The enforcement strategy consists of proactive inspections as capacity allows and CFA Officers supporting local government and fire prevention officers in the discharge of their duties. There is however no documented strategy.

85 CFA undertakes activities under various pieces of legislation, fire prevention officers administer s. 40F of the Country Fire Authority Act 1958 and Victorian Police prosecute breaches of the Act.

86 Memorandum of Understanding with WorkSafe regarding Dangerous Goods87 The Food Act 1984 (Vic) (Food Act) applies to non-dairy aspects of mixed businesses licensed with Dairy Food

Safety Victoria (DFSV), administered by DFSV as authorised officers under the Food Act 88 2 Includes 6 documents (guidelines, manuals) published under the Dairy Authorities Technical Advisory

Committee, Australian New Zealand Dairy Authorities’ Committee, or its predecessor Australian Dairy Authorities’ Standards Committee

89 Publicly reported as from financial year 2012-1390 Includes reporting to relevant industry forums91 Independently certified to ISO 9001:2008 92 Publicly reported as from financial year 2012-1393 Publicly reported as from financial year 2012-1394 Farms are renewed by electronic transfer of information from the manufacturers that they supply. All other

renewals are paper based95 Australian Quarantine Inspection Service: Export Control (Milk and Milk Products) Orders 2005

(Commonwealth ).96 Memoranda of Understanding: PrimeSafe, Department of Health, Municipal Association of Victoria,

Environmental Health Australia (Victorian Division) (In place since Oct 2004); Department of Environment and Primary Industry (Biosecurity Victoria Division) (in place since January 2007); Environment Protection Authority (2010).

97 Memorandum of Understanding with Department of Agriculture Fisheries and Forestry, Tasmania Dairy Industry Authority, Dairy Authority of South Australia (2012)

98 Other Memoranda of Understanding – Tasmanian Dairy Industry Authority and Dairy Authority of South Australia; New Zealand Food Safety Authority

99 Skill set required is specified, (e.g. expertise in on farm milk production, dairy food manufacture) but does not dictate that members are from the actual stakeholder base.

100 Date of DFSV response to the Statement of Expectations101 Until 2010 complaints were categorised as investigations102 Investigations into unlicensed activities103 Until financial year 2010-11 this was measured as prosecutions only. Current figure includes Orders placed to

stop production or halt movement of product, and enforcement audit regimes imposed104 Two $5,000 penalties were imposed.105 Bovine farms are on a fixed 2 year licence period. This year was the second year of this cycle106 Number issued = new licenses + transferred licensees + annual renewals. There were an additional 165 licence

cancellations

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