1 Exotic Disease Response Understanding the Biosecurity Act and your powers under the Act

Understanding the Biosecurity Act 2 1.Overview of the Act 2.Your Powers under the Act 3.Restricted Place Notices 4.Advising on Compensation 5.Your Broader Responsibilities Training Agenda

Understanding the Biosecurity Act 3 This workshop is designed to introduce you to the Biosecurity Act so that in the event of an EDR you are able to apply your powers and meet your responsibilities under the Act, without error. Workshop Outcome

Understanding the Biosecurity Act 4 Knowledge Checks Are not designed to Pass or Fail you! Make sure you have understood what you have learned before moving on to the next module. You can refer to your reference material (processes and procedures) if you need to. If you haven’t achieved 100% accuracy, I’ll provide some help before we move on to the next topic.

Understanding the Biosecurity Act 5 1: Overview of the Biosecurity Act Objective By the end of this topic you will be able to: Explain the purpose of the Act Explain who uses the Act Explain the duties of persons under the Act

Understanding the Biosecurity Act 6 History of the Act The Biosecurity Act replaced a pile of legislation Agricultural Pests Destruction Act Animals Act Apiaries Act Dog Control and Hydatids Act Noxious Plants Act, and so on

Understanding the Biosecurity Act 7 What the Act covers Biosecurity Act Keeping pests and disease out of NZ Pest Management (plants, insects etc) Exotic Disease Response

Understanding the Biosecurity Act 8 Purpose of the Act The Biosecurity Act 1993 commenced on 1 st October 1993 The Purpose of the Act is An Act to restate and reform the law relating to the exclusion, eradication, and effective management of pests and unwanted organisms.

Understanding the Biosecurity Act 9 Purpose of the Act….. In a nutshell, in relation to EDR, the Act enables: Identification, management or eradication of ‘unwanted organisms’ Rapid and effective response to an exotic disease Definition of legal powers – what you can and cannot do Clarification of duties – who is responsible for what

Understanding the Biosecurity Act 10 Sections of the Act to mark A A

Understanding the Biosecurity Act 11 Duties of persons in relation to EDR Section 43 – to provide information and to provide assistance Section 53 – cannot cause spread of the unwanted organism (selling, exhibiting etc)

Understanding the Biosecurity Act 12 2: Legislative Powers Objective By the end of this topic you will be able to: Describe the key people who have powers under the Act Explain your duty under the Act Explain and reference your 6 powers under the Act

Understanding the Biosecurity Act 13 The key players Government Director General MAF Chief Technical Officers Authorised Persons

Understanding the Biosecurity Act 14 Authorised person has power 1.To require assistance 2.To inspect 3.To record information 4.General powers – to eradicate or manage 5.To use equipment 6.To intercept 7.To examine 8.To give directions 9.To vaccinate etc SECTIONS 106, 43, , 121A

Understanding the Biosecurity Act 15 Authorised person does not have power Only the police can: Detain Arrest Search a person AND you need permission or a warrant to: Enter a dwelling or marae

Understanding the Biosecurity Act 16 Power to Inspect dwelling or marae

Understanding the Biosecurity Act 17 3: Restricted Place Notices Objective By the end of this topic you will be able to: Explain when and how you would declare a restricted place Explain when and how a Chief Technical Officer would declare a controlled area Identify your powers in relation to movement and other EDR controls

Understanding the Biosecurity Act 18 An occupier Discuss how you could serve a restricted place notice if the occupier was: Farm manager Elderly relative, only person at the house A child (15), only person at the house A farm worker A camper, only person on the property

Understanding the Biosecurity Act 19 4: Advising on compensation Objective By the end of this topic you will be able to: Identify situations where compensation is payable Identify situations where compensation is unlikely to be payable $$$$$$$

Understanding the Biosecurity Act 20 5: Your broader responsibilities Objective By the end of this topic you will be able to: Explain your responsibilities under the following legislation: The NZ Bill of Rights Act, 1990 (Sections 21, 22, 23, 27) The Privacy Act, 1993 The Official Information Act, 1982 The Health and Safety in Employment Act, 1992

Understanding the Biosecurity Act 21 The Bill of Rights Act S21 To be secure against unreasonable search or seizure – of person, property, correspondence etc S22 Not to be arbitrarily arrested or detained S23 If arrested or detained, to be informed, offered a lawyer, refrain from making a statement S27 Right to justice – to go to tribunal or other public authority for a determination, & to bring civil proceedings

Understanding the Biosecurity Act 22 The Privacy Act Any information about an identifiable individual is subject to the Privacy Act For example, information about farm ownership, financial or stock records, personal information Such information cannot be disclosed to anyone or any agency except for purposes of administering and enforcing the Biosecurity Act You need to verify official requests for information.

Understanding the Biosecurity Act 23 The Official Information Act This Act requires that Government Departments provide information on request Some information is exempt – for example, commercially sensitive information Requests from journalists for information held by Biosecurity NZ are to be referred to the Media Liaison Officer Only Directors can release information under the OIA

Understanding the Biosecurity Act 24 Health and Safety in Employment Act 1.Correct unsafe behaviour 2.Ensure staff are trained to do their job safely (or supervise them) 3.Identify and manage all hazards on the property 4.Record all hazards (forms will be provided) Responsibility for the health and safety of people on the property – visitors, employees, contractors

Understanding the Biosecurity Act 25 Health and Safety in Employment Act…. 5.Report ALL accidents (from sprain to car crash) and all near misses to the Health and Safety Officer 6.Record all accidents and near misses (accident reporting forms will be provided)

Understanding the Biosecurity Act 26 PNWV continues