Case Studies

Case Study One: Legal and Strategic Advise to Develop Capacity around Biosecurity Laws

EnvLaw was engaged by the Territory and Municipal Services (TAMS) to provide legal and strategic advice to develop capacity around Biosecurity Laws. Following the conduct of a due diligence against the enabling legislation, current operational procedures and the Australian Government Investigation Standards EnvLaw developed templates for Biosecurity Directions, Issuing and Managing Biosecurity Directions Procedural Guidelines and a suite of other compliance procedures to assist TAMS in carrying out their Biosecurity Functions.

The work was integrated with the licensing function and administrative law requirements.  The work was completed through the delivery of a day training  program for “Preparing and Serving Biosecurity Notices”.

Case Study Two: Development and Structural Design of a Case Management System 

EnvLaw was briefed by the NSW Department of Primary Industries Fisheries Division to assist in the development and structural design of a case management system which included elementising the most serious fisheries offences.  The work also included included developing procedures for the Management and Issuing of Infringements Notices, drafting of a Prosecution Policy and Enforcement Committee Guidelines.

Case Study Three:  Preparation and Drafting of Notices for Production

EnvLaw was brief by NSW Fisheries to provide advice on the preparation and drafting of Notices for Production on interstate corporations. The advice considered the application and operation of use immunity provisions and self incrimination and relevant Evidence Act provisions.

EnvLaw met with senior fisheries officers and provided forensic advice on the use of coercive powers.

Case Study: Nature Conservation Licences, Territory and Municipal Services (TAMS)

EnvLaw was briefed to provide advice relating to the drafting of conditions on Nature Conservation Licences and generally on developing procedures and templates regarding the licencing function.

The objectives were to provide advice regarding the licencing functions of TAMS to ensure that the licencing functions:

  1. Are exercised in accordance with the Act, including whether licence conditions imposed are within power.
  2. Are underpinned by operating procedures and policies that promote best practice in drafting licence conditions.
  3. Consider administrative law requirements such as Reviewable Decision Notices and show cause provisions.
  4. Promote linkages between TAMS licencing and compliance functions.
  5. Provide an outline of Guidelines and Operating procedures to support the Conservator’s function.

The advice included developing a risk and outcomes based approach to the licencing function.