EHA (SA) Manager’s Forum - Enforcement Consistency Project

Why this Project? Initiated via Environmental Health Australia (SA) Managers Forum Identified as a priority in SA Health & Local Government MOU Working Group Plan 2014-16 Based on research & consultation undertaken in 2014 confirming inconsistencies in the use of warnings, improvement notices, expiations, prohibition orders and prosecutions between enforcement agencies Just over half of Council’s surveyed had Enforcement Policies in place Only a few have detailed documented internal guidelines for Officers to reference when considering enforcement action Traditionally minimal collaboration between Councils to achieve a consistent approach to enforcement

Number of offences expiated – 2013/14

% of routine inspections resulting in Expiation Notices – 2013/14

Why do we need to undertake this work? Our own professional credibility If we don’t that option may be taken away from us

What’s a Given! Acknowledgement that consistency across our industry is not going to be easy No intention to remove Officers discretionary decision making Acknowledgement that a “one size fits all” approach won’t work

What we want to Achieve All Council’s have an endorsed Enforcement Policy If not then they at least have internal Enforcement Guidelines for Officers to reference Form a support group (informal enforcement committee) that could be approached for advice and to share information especially around prosecutions. Agreed guidelines for enforcement (endorsed by the EHA Managers Group and SA Health) that would be used as a starting point when considering enforcement action.

What we want from you Remember it’s aim is to make things easier for EHO’s and provide a certain level of consistency across all Councils with regard to enforcement Remember it wont replace your discretionary decision making options and will still allow for Officers to take into account specific circumstances that may relate to the cases that are being investigated It’s the first steps towards us all delivering consistent enforcement across our industry So please be open minded about this project and contribute where you can