The information below summarises the progress made against commitments which the Conservation Regulator is responsible for delivering in response to the Victorian Auditor General’s Office (VAGO) performance audit report Regulating Victoria’s Native Forests, which was tabled in the Victorian Parliament on 6 October 2022. As at the 30 June 2023, eight of the 10 VAGO recommendations were complete, with the remaining two underway and due for completion by 31 March 2024.
Recommendation 1
Finalise its tender for a permanent case management system and plan for implementing it, with a view to integrating it with the intelligence database
- Accepted: The Conservation Regulator is finalising its tender for a new case management system, which will be delivered in 2023/24. This system will appropriately link to the Conservation Regulator’s intelligence database (Gumnut)
- Completed: 30 October 2022
Recommendation 2
Develop a case for procuring current, higher-resolution satellite imagery that includes a cost-benefit analysis of purchasing this intelligence
- Accepted: The Conservation Regulator will procure high resolution satellite imagery
- Completed: 30 June 2023
Recommendation 3
Develop guidance for assessing forest reports where there are allegations of widespread or systemic non-compliances so that its assessments are intelligence led and proportionate to the alleged non-compliance
- Accepted: The Conservation Regulator will augment existing internal guidance to assist officers in assessing forest reports alleging widespread and/or systemic non-compliance so that the regulatory response is appropriately risk‑based.
- Completed: 23 December 2022
Recommendation 4
Review its forest report assessment and investigations procedure to include a consistent process for requesting information to further a complaint assessment or investigation, including how, when and why to request additional information and time frames to guide responses how to calculate the statute of limitations period communicating the rationale for outcomes, including policies used, in correspondence to complainants.
- Accepted: The Conservation Regulator will augment existing internal guidance to: Formalise processes for requesting additional information from complainants. Affirm the process to calculate statute of limitations when assessing complaints. Improve the communication of case outcomes by consistently conveying the rationale for regulatory decisions
- Completed: 23 December 2022
Recommendation 5
Revise its Review of Outcome policy and address the identified weaknesses: Update complainants at the acknowledgement and review stage Provide a rationale for endorsing each case decision Document the rationale for a review’s outcome, for transparency and to show the judgement or evidence behind a decision
- Accepted: The Conservation Regulator will revise its Review of Outcome policy to incorporate guidance around: Updating complainants at key review stages. Setting time frames for acknowledging receipt of a complaint and completing a review. Ensuring that, as part of case decision reviews, the rationale for the review decision is documented
- Completed: 31 October 2022
Recommendation 6
Develops guidance for stakeholders and the public that includes general information about the statute of limitations and how this affects Office of the Conservation Regulator’s ability to consider complaints and commence investigations and prosecutions
- Accepted: The Conservation Regulator will publish on its website an explanation of the statute of limitations as it operates in timber harvesting regulation
- Completed: 28 February 2023
Recommendation 7
Review timber harvesting non-compliances and assess these for development of guidelines for how its stakeholders should interpret the Code of Practice for Timber Production 2014 (as amended 2022) and the Code of Practice for Timber Production 2014 (as amended 2022) Schedule 1: Management Standards and Procedures for timber harvesting operations in Victoria’s State forests
- Accepted: The Conservation Regulator will continue its practice of reviewing and assessing case outcomes for opportunities to improve regulatory guidance. This will be implemented annually. The Conservation Regulator will enhance its approach by: Conducting an annual process to seek feedback on guidance needs Publishing guidance that has been developed to the Conservation Regulator’s website
- Completed: 30 June 2023
Recommendation 8
Develop a procedure for using injunctions and finalise the proposed policy for issuing enforceable undertakings.
- Accepted in principle: The Conservation Regulator will clarify its approach to the use of enforceable undertakings and injunctions
- Completed: 30 April 2023
Recommendation 9
Finalise and implement the Conservation Regulator monitoring, evaluation and reporting framework, including: Developing and implementing a timber harvesting compliance monitoring, evaluation and reporting plan Introducing timber harvesting compliance outcomes and indicators to measure the effectiveness of its activities
- Accepted in principle: The Conservation Regulator’s Monitoring, Evaluation and Reporting (MER) framework is currently being developed. As part of this work, reporting metrics for timber harvesting regulation will be developed. This work will then inform improved performance indicators in the Statement of Regulatory Intent for timber harvesting in State forests. In the design of new metrics, consideration will be given to the cost-effectiveness of reporting options so that reporting strikes a balance between data collection costs and the intent to produce meaningful measures.
- Under review: Following government announcement to cease commercial native timber harvesting by 1 January 2024.
Recommendation 10
Review and revise its performance indicators in its Regulating timber harvesting in State forests under the Allocation Order – Statement of Regulatory Intent to include cost, quality and efficiency measures to allow for a more comprehensive and transparent view of the Timber Harvesting Compliance Unit’s performance in addressing non-compliance
- Accepted in principle: The Conservation Regulator’s Monitoring, Evaluation and Reporting (MER) framework is currently being developed. As part of this work, reporting metrics for timber harvesting regulation will be developed. This work will then inform improved performance indicators in the Statement of Regulatory Intent for timber harvesting in State forests. In the design of new metrics, consideration will be given to the cost-effectiveness of reporting options so that reporting strikes a balance between data collection costs and the intent to produce meaningful measures.
- Under review: Following government announcement to cease commercial native timber harvesting by 1 January 2024.
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