External scrutiny
Courts and tribunals
Helicopter Resources Pty Ltd v Commonwealth of Australia and Ors (NSD629/2018)
On 24 April 2018 Helicopter Resources Pty Ltd applied to the Federal Court seeking relief to prevent their chief pilot from giving evidence at the inquest in circumstances where Helicopter Resources is facing related criminal charges. On 30 April 2018 the court granted interim relief restraining the giving of evidence at the inquest by anyone from Helicopter Resources until the substantive application was determined.
On 29 June 2018 the Federal Court dismissed the application. The decision of the court was overturned by the Full Federal Court in favour of Helicopter Resources.
On 21 June 2019 the High Court granted the Commonwealth special leave to appeal the decision of the Full Federal Court. On 24 April 2020 the appeal was allowed in favour of the Commonwealth.
Coronial process into the death of Mr David Wood (CD 9/16)
On 12 January 2016 the death of Helicopter Resources Pty Ltd pilot Mr David Wood in Antarctica was referred to the Australian Capital Territory Coroner. An inquest is underway.
The matter has resumed following the judgment in Helicopter Resources Pty Ltd v the Commonwealth of Australia and Ors and is part-heard.
Comcare v Commonwealth of Australia (CC44419–44151)
On 20 December 2017 the department was charged in the Magistrates Court of the Australian Capital Territory with 3 work health and safety offences related to the death of Mr David Wood. Helicopter Resources Pty Ltd also faced charges.
On 4 March 2020 the Magistrates Court found the department guilty of 2 charges and acquitted Helicopter Resources of all charges.
On 6 March 2020 the department filed a notice of appeal against the guilty findings on the 2 charges. The matter will be listed for hearing later in 2020.
Wilderness Society (Tas) Inc v Minister for the Environment (TAD45/2018)
On 23 October 2018 the Wilderness Society (Tas) Inc applied for judicial review of a referral decision made by the minister's delegate under section 75 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that the proposed action to develop a small tourism operation on Halls Island in Lake Malbena, Tasmania, was not a controlled action.
On 4 December 2019 the Federal Court, with the consent of the parties, ordered the delegate's decision be set aside.
Clark and Ors v Minister for the Environment (VID885/2019)
On 13 August 2019, 4 Djab Wurrung traditional owners sought judicial review of the minister's 16 July 2019 decision to not make a declaration under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act).
On 6 December 2019 the Federal Court ordered the minister's decision be set aside and referred the application for a declaration under the ATSIHP Act to the minister for further consideration.
Estates 77 Pty Ltd & Anor v Minister for the Environment (WAD286/2019)
On 20 May 2019 Estates 77 Pty Ltd and Novalee Nominees Pty Ltd (the applicants) applied for judicial review of a decision made by the minister's delegate under section 75 of the EPBC Act that the proposed action to develop a residential development in Baldivis, Western Australia, was a controlled action.
On 21 November 2019 the Federal Court dismissed the application. On 12 December 2019, the applicants filed a notice of appeal. On 28 May 2020 the applicants withdrew their appeal.
Brett Cattle Company Pty Ltd v Minister for Agriculture, Fisheries & Forestry & Anor (NSD1102/2014)
On 27 October 2014 Brett Cattle filed a class action in the Federal Court against the former Minister for Agriculture, Fisheries and Forestry and the Commonwealth in relation to the then minister's decision to suspend temporarily the export of live animals to Indonesia in 2011.
On 2 June 2020 the Federal Court found in favour of Brett Cattle and final orders were made on 29 June 2020.
Animals Australia Federation v Secretary, Department of Agriculture and Water Resources & Rural Export and Trading (WA) Pty Ltd (VID 392/2020)
On 14 June 2020 Animals Australia filed an application seeking judicial review of a decision to grant Rural Export & Trading (WA) Pty Ltd an exemption under section 11 of the Australian Meat and Live‑stock Industry (Prohibition of Export of Sheep by Sea to Middle East—Northern Summer) Order 2020.
On 16 June 2020 the Federal Court dismissed the application.
Parliamentary committees
Inquiry reports
Parliamentary committees tabled 2 reports relevant to our departments (Table 23).
Committee | Inquiry | Tabling date |
House Standing Committee on the Environment and Energy | Vegetation and land management policy relating to bushfires | 5 March 2020 |
Senate Rural and Regional Affairs and Transport References Committee | The feasibility of a National Horse Traceability Register for all horses | 27 November 2019 |
Government responses to inquiry reports
The Australian Government responded to 7 parliamentary committee reports relevant to the department (Table 24).
Committee | Inquiry | Response date |
Senate Environment and Communications References Committee | Great Barrier Reef 2050 Partnership Program | 14 October 2019 |
House of Representatives Committee on the Environment and Energy | Report on the inquiry into the management and use of Commonwealth environmental water | 5 February 2020 |
Joint Standing Committee on Foreign Affairs, Defence and Trade | Inquiry into the management of PFAS contamination in and around defence bases | 28 February 2020 |
Senate Rural and Regional Affairs and Transport Legislation Committee | Agricultural and Veterinary Chemicals Legislation Amendment (Australian Pesticides and Veterinary Medicines Authority Board and Other Improvements) Bill 2019 [Provisions] | 13 March 2020 |
Senate Foreign Affairs, Defence and Trade References Committee | Contamination of Australia's Defence Force facilities and other Commonwealth, state and territory sites in Australia | 9 April 2020 |
House of Representatives Committee on the Environment and Energy | Controlling the spread of cane toads | 13 May 2020 |
Senate Environment and Communications References Committee | Protection of Aboriginal rock art of the Burrup Peninsula | 25 June 2020 |
Auditor-General
In 2019–20 the Auditor-General tabled 7 Australian National Audit Office (ANAO) reports on our activities (Table 25).
Report number | Audit | Published |
No. 6 of 2019–20 | Implementation of ANAO and Parliamentary Committee Recommendations | 5 August 2019 |
No. 7 of 2019–20 | Government Advertising: June 2015 to April 2019 | 26 August 2019 |
No. 14 of 2019–20 | Commonwealth Resource Management and the Clear Read Principle | 27 November 2019 |
No. 21 of 2019–20 | Probity Management in Rural Research and Development Corporations | 18 December 2019 |
No. 30 of 2019–20 | Bilateral Agreement Arrangements Between Services Australia and Other Entities | 2 April 2020 |
No. 41 of 2019–20 | Design and Establishment of the Regional Investment Corporation | 17 June 2020 |
No. 47 of 2019–20 | Referrals, Assessments and Approvals of Controlled Actions under the Environment Protection and Biodiversity Conservation Act 1999 | 25 June 2020 |
Commonwealth Ombudsman
In 2019–20 the Commonwealth Ombudsman did not release any reports covering the department's operations.
Inspector-General of Biosecurity
In 2016, the Australian Government appointed Dr Helen Scott-Orr as the inaugural Inspector-General of Biosecurity under the Biosecurity Act 2015. Dr Scott-Orr completed her 3-year term on 24 July 2019.
On 25 July 2019 the government appointed Mr Rob Delane as the Inspector-General of Biosecurity, to independently evaluate and verify the performance of our biosecurity risk management measures and systems.
The inspector-general reports to the Minister for Agriculture, Drought and Emergency Management.
During 2019–20 the inspector-general published the following reports:
- Adequacy of preventative border measures to mitigate the risk of African swine fever (March 2020).
- Effectiveness of Approved Arrangements in managing biosecurity risks in Australia (August 2019).
- Implementation of Inspector-General of Biosecurity recommendations (July 2019).
The inspector-general's reports are available on their website.
The department provides administrative support to the inspector-general, including providing staff, office space, travel and legal assistance required in relation to reviews.
Interim Inspector-General of Live Animal Exports
On 18 March 2019 the Australian Government appointed Mr Ross Carter as the interim Inspector-General of Live Animal Exports, to independently review the systems and processes that underpin our regulation of livestock exports. This oversight is designed to improve confidence for our farmers, industry, and the community in the regulation of livestock exports.
In October 2019 the Inspector-General of Live Animal Exports Act 2019 received royal assent and on 14 November 2019 the government appointed Mr Carter as the inaugural Inspector-General of Live Animal Exports for 12 months.
The inspector-general reports to the Minister for Agriculture, Drought and Emergency Management.
In 2019–20 the inspector-general published a report on monitoring and reporting during livestock export voyages (March 2020).
The Inspector-General is currently undertaking reviews into:
- livestock export permits – review of systems and processes
- the Exporter Supply Chain Assurance System (ESCAS)
- the implementation of the Moss Review recommendations.
The inspector-general's reports are available on their website.
The department provides administrative support to the inspector-general, including providing staff, office space, travel and legal assistance required in relation to reviews.
Interim Inspector-General of Murray–Darling Basin Water Resources
On 1 October 2019 the Australian Government appointed Mr Mick Keelty AO as the interim Inspector-General of Murray–Darling Basin Water Resources for a period of 12 months or until new laws under the Water Act 2007 create a permanent statutory position.
The interim Inspector-General of Murray-Darling Basin Water Resources reports to the Minister for Resources, Water and Northern Australia.
Amendments to the Water Act 2007 to create the Inspector-General of Water Compliance will be tabled in parliament in 2021. The government is seeking to ensure that the powers of the inspector-general will provide the Basin communities with sufficient confidence in water management in the Basin. Discussions will continue with the Basin states on the role of the inspector-general and the drafting of the legislation.
We formed a task force in August 2019 to establish the office of the interim inspector-general. In February 2020 the taskforce was stood down, and the office continues to support the interim inspector-general in his role and functions.
The interim inspector-general has offices in Brisbane, Goondiwindi, Mildura and Canberra, with funding provided through an offset from the Sustainable Rural Water Use and Infrastructure Program.
Since October 2019 the office of the interim inspector-general has undertaken several inquiries at the minister's request.
The interim inspector-general's reports are available on their website.
The department provides administrative support to the interim inspector-general, including providing staff, office space, travel and legal assistance required in relation to reviews.
Freedom of information
Any agency subject to the Freedom of Information (FOI) Act is required to publish information on its website as part of the Information Publication Scheme (IPS). This includes a plan showing what information the agency publishes in accordance with the IPS requirements. For more information see our website.
We also publish corporate and operational information on our website, and publish reports on information accessed through FOI applications in a disclosure log.
For the period from 1 July 2019 to 31 January 2020 the former Department of Agriculture received 78 requests for access under the FOI Act, 5 requests for internal review and 1 request for external review. The Department of Agriculture finalised 80 requests and 6 internal reviews.
For the period from 1 July 2019 to 31 January 2020 the former Department of the Environment and Energy (DoEE) received 127 requests for access under the FOI Act, 11 requests for internal review and 8 requests for external review. DoEE finalised 127 requests and 11 internal reviews.
For the period from 1 February 2020 to 30 June 2020 the Department of Agriculture, Water and the Environment received 94 requests for access under the FOI Act, 9 requests for internal review and 11 requests for external review. We finalised 69 requests and 8 internal reviews.
For more information on requests received and processed by all Commonwealth agencies see the FOI reports on the Office of the Australian Information Commissioner website.
Visit
https://www.transparency.gov.au/annual-reports/department-agriculture-water-and-environment/reporting-year/2019-20-27