Second Public Sector Performance Report 2009

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SECOND PUBLIC SECTOR PERFORMANCE REPORT 2009

This Second Public Sector Performance Report for 2009 brings to notice legislative compliance and control issues.

DANGEROUS GOODS SAFETY

Background

In March 2008, the Dangerous Goods Safety Act 2004 and associated regulations came into effect. Under this legislation, the Department of Mines and Petroleum manages and regulates dangerous goods safety in Western Australia. The Department is responsible for issuing licences, inspecting storage sites, facilities and vehicles used for transporting dangerous goods, and responding to incidents and complaints. The Department also regulates the operation of major hazard facilities and manages explosives reserves at Kalgoorlie and Baldivis.

This audit examined how the Department was meeting its responsibilities. Specifically we examined whether the Department:

was prepared for implementing the new Dangerous Goods Act and Regulations
complies with the legislation when issuing and renewing licences
is effectively monitoring the transport, storage and use of dangerous goods
evaluates its performance.

What the examination found...

We concluded that the Department of Mines and Petroleum has made much progress in implementing and managing the new legislation for dangerous goods in Western Australia. Nevertheless, significant weaknesses in some systems and practice are evident. The Department needs to address these to effectively manage dangerous goods safety in the state. We found:

weaknesses in the regulations which have led to the Department issuing licences without required background checks by WA Police. Background checks are intended to prevent inappropriate persons getting access to dangerous goods
weaknesses in the way the Department has processed licences for people to deal with dangerous goods. The Department has:
- renewed licences well after reapplication dates had expired
- issued licences for vehicles without ensuring that required safety inspections have occurred
the Department does not have an adequate management system for managing and planning its compliance activities:
- there is no information system for managing compliance and inspection activities. By 2012 the Department plans to introduce a specific compliance management system
- remediation notices are not issued when problems are identified during inspections at explosives sites
- not all overdue remediation notices are followed up.

COMPLIANCE IN WESTERN AUSTRALIA'S COMMERCIAL AND RECREATIONAL FISHERIES

Background

Practically all commercial and recreational fishing is managed under the Fish Resources Management Act 1994, its subsidiary Fish Resources Management Regulations 1995 and a variety of management plans, orders and notices. The Department of Fisheries administers this legislation and manages the state’s fisheries. Sustainable fisheries management and balancing the different requirements of the commercial, recreational and indigenous sectors requires sound research, effective compliance planning and enforcement.

The objective of the examination was to determine the effectiveness of the Department’s commercial and recreational fishing compliance model. Our focus was on enforcement activities carried out by the Department in 2008-09 and enforcement performance data since 2002-03. Specifically, we examined whether the Department:

monitored, measured and reported on its enforcement activities
had clear plans and targets for its enforcement program
had effective policies and outcomes for its compliance activities.

What the examination found...

We concluded that the Department commits considerable resources to its compliance and enforcement effort, including well trained, professional fisheries and marine officers. However, we found the Department is unable to demonstrate that it has an effective compliance program for WA’s commercial and recreational fisheries. Specifically, we found:

there has been an increase in detected illegal fishing in the recreational sector and a decrease in the commercial sector since 2002-03. Compliance activity over this period has remained relatively constant
the Department’s compliance program and planning is not clearly linked to a state-wide assessment of risk. Approximately one quarter of compliance activities are directed at six fisheries under an agreement with commercial license holders while the remaining effort targets the other 44 managed fisheries, about one-third of which have been assessed for risk
the Department’s enforcement activity covers less than five per cent of total fishing activity, but they have yet to determine what represents an effective level of compliance effort
the Department’s information systems do not support effective monitoring or reporting of compliance activities and results.

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