Management of Continued Biosecurity Competency for AEPCOMM and NCCC Schemes Policy

Automatic Entry Processing for Commodities (AEPCOMM) and Non commodity for Containerised Cargo Clearance (NCCC) Scheme

Management of Continued Biosecurity Competency for AEPCOMM and NCCC Schemes policy

Version 1.0

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Version History

Version / Date / Amendment details
1.0 / 10 September 2015 / New Policy

Department of Agriculture – Management of Continued Biosecurity Competency for AEPCOMMM and NCCC Policy

Table of Contents

Summary

Introduction

Scope

Definitions

Approach to Continued Biosecurity Competency

Continued Biosecurity Competency

Accreditation and Approval

Review

Summary

This document details how the Department of Agriculture (the department) will:

Manage the accreditation and ongoing competency of entities registered for the Automatic Entry Processing for Commodities (AEPCOMM) Scheme and the Non-commodity for Containerised Cargo Clearance (NCCC) schemes
Monitor and record currency of training
Detect and report on non-compliance trends
Provide key areas of learning to Registered Training Organisations (RTOs) and approved Continued Biosecurity Competency (CBC) providers
Conduct periodic reviews of the delivery and assessment methodology of CBCproviders
Apply administrative sanctions

This also applies to the department’s dealings with accredited and approved persons associated with compliance Agreements under AEPCOMM and NCCC Schemes under section 66B of the Quarantine Act 1908 (the Act).

This policy is the basis on which the department ensures it is maintaining its obligation to the Australian public by appropriately regulating biosecurity concerns associated with this type of compliance agreement.

Introduction

In Australia, biosecurity is a shared responsibility between government, industry and individuals. Commitment to biosecurity is required from all three groups. A number of Compliance Agreements exist between the department and industry under which the Other Party and their accredited persons are entrusted to perform specific biosecurity functions. Two such Compliance Agreements are associated with the AEPCOMM and NCCC Schemes (under section 66B of the Act). Under these two Compliance Agreements, the department may allow approved persons to undertake the assessment of documentation and accredited persons to apply the self-direction of consignments of specific commodities approved by the department.

This responsibility places legislative obligations on approved persons, accredited persons and the Other Party of a Compliance Agreement under these Schemes.

In turn, the department has an obligation to the Australian public to verify that approved persons, accredited persons and the other party of a Compliance Agreement are meeting their biosecurity responsibilities by undergoing continued biosecurity competency. A failure by any of the parties to meet their respective responsibilities could allow the introduction of exotic pests and diseases to Australia, which could have serious consequences for the Australian community, environment and economy.

Scope

In Scope

This document applies to AEPCOMM and NCCC approved ‘Compliance Agreements’ in accordance with Section 66B of the Quarantine Act 1908, and regulation 72 of the Quarantine Regulations 2000.

It applies to the following:

The supervision, monitoring and testing of a person’s compliance with the application of particular procedures in respect to goods processed under the AEPCOMM and NCCC Schemes
Recognition of accredited and approved persons to the AEPCOMM and NCCC Schemes
Continued Biosecurity Competency (CBC) training

Definitions

For definitions used in this policy, refer to Approved Arrangements Glossary located on the department’s website.

Term / Definition
Accredited Person /

Licensed customs brokers orself reporting importers who undertake documentary assessment, preparation and lodgement of Import declarations;
These persons have completed the required training for the particular scheme being used and maintain the required level of Continued Biosecurity Competency.

Approved person /

Persons who are employed as support staff to licensed customs brokers and self reporting importers and who undertake documentary assessment and preparation of import declarations;
These persons have completed the required training for the particular scheme being used and maintain the required level of Continued Biosecurity Competency.

Continued Biosecurity Competency (CBC) / An agreed, structured approach to learning in the Biosecurity sphere to help ensure competence to practice, taking in knowledge, skills and practical experience to ensure that approved and accredited persons to the AEPCOMM and NCCC schemes continue to have their skills and competency up to date.
Continued Professional Development (CPD) / The CPD activities that licensed customs brokers must undertake to satisfy the requirements of the CPD Scheme mandated by the Department of Immigration and Border Protection (DIBP).DIPB, accredit CPD activities to ensure that:

the subject matter of the activity is relevant and material to the duties of a customs broker;
the subject matter is given substance and practical treatment in the activity; and
the facilitators have qualifications and experience that enable them to deliver a meaningful learning opportunity

Registered Training Organisation (RTO) / Training providers registered by Australian Skills Quality Authority ( ASQA) (or, in some cases, a state regulator) to deliver vocational education and training (VET)services.RTOs are recognised as providers of quality-assured and nationally recognised training and qualifications.
Unit of Competency / A unit of competency is a nationally agreed statement of the skills and knowledge required for effective performance in a particular job or job function. It is used to assess the skills and knowledge that a person must demonstrate in the workplace to be seen as competent.
Other Parties / A party, other than the Commonwealth, to the compliance agreement.
CBC Approved Training Providers / RTO’s and other departmental CBC approved training providers.

Approach to Continued Biosecurity Competency

The Department’s approach to Biosecurity Competency is based on the following principles:

Principle / The Department
Risk Based / Believes that Other parties who demonstrate a high level of compliance with departmental professional competency requirements should expect to see reduced regulatory intervention at documentary assessment. This allows the department to focus its resources on areas that pose greater biosecurity risks.
Consistency / Strives to provide approved persons, accredited persons and other parties of an AEPCOMM and NCCC Compliance Agreement certainty about its actions by assessing, reporting, managing and administering fairly across comparable situations.
Transparency / Will deal with approved persons, accredited persons and other parties of an AEPCOMM and NCCCCompliance Agreement in an open and transparent manner so that they will have a clear understanding of what is expected of them and what they can expect of the Department.
Timeliness / Will strive for the resolution of training and accreditation matters in a timely and appropriate manner.
Flexibility / Will respond to changing situations, trends and technologies and review how we determine competency.
Effectiveness / Will apply appropriate administrative and operational responses (including stakeholder engagement) to achieve the most suitable outcomes.

By applying these principles, the department aims to ensure that biosecurity risk is managed, especially in addressing competency levels, to prevent and deter non-compliant behaviour and to encourage greater compliance with departmental requirements.

Continued Biosecurity Competency

By moving to a Continued Biosecurity Competency model all accredited and approved persons merge to a consistent competency point. This also allows for new information and issues to be disseminated and addressed in a more timely and consolidated manner.

CBC content must align with changes to the schemes and their requirements.

The CBC period will run from 1 April to 31 March each consecutive year.

Approved providers

Providersapproved by the department to deliver CBCsessions will be responsible for the design, delivery mode and assessment of CBC. Periodic review of the delivery and assessment methodology of the providers will be conducted by the department.

The department will provide key areas of learning for these ongoing CBC sessions to those approved providers offering the CBC sessions. The department may also provide CBC training providers with trends in non-compliance to the Schemes where appropriate to do so.

Responsibilities of Accredited or approved persons

Persons who hold accreditation are required to be up to date with the CBC to maintain approval or accreditation on the Schemes.

Persons who hold approved status are required to undertake the same biosecurity professional development as an accredited personthrough the ongoing accreditation of CBC. Persons who do not obtain the required amount of ongoing training in CBC will be suspended from using the Schemes until they have successfully completed the required unit of competency and can provide evidence of successful completion. The department will consider waiving all or part of the requirements in special or exceptional circumstances such as long periods of illness. The Accredited or Approved person must put forward a case to the department (with sufficient evidence) for this exemption to be considered. Should the department determine an accreditation or approval be suspended or removed a process of natural justice will be employed.

Where there are extraordinary issues of biosecurity concern, or urgent requirements for process changes, (such as an emergency response or substantial ICON case change) immediate updating of skills and knowledge may be required to be undertaken by accredited or approved persons. Evidence of this updating of skills and knowledge undertaken must be provided to the department. Timing of this requirement will be dependent on the criticality of the issue and will be advised at the undertaking of the CBC activity.

The Department of Immigration and Border Protection’s Continued Professional Development Scheme (the CPD Scheme) requires licensed customs brokers to attain 30 CPD points annually across each of the three years in the triennium that correlates to their licensing renewal period. Further information regarding the CPD Scheme should be directed to The Department of Immigration and Border Protection or Registered Training Organisations and CPD approved providers.

Accreditation and Approval

Under the AEPCOMM and NCCC Schemes, the department may allow approved persons to undertake the assessment of documentation and accredited persons to apply the self-direction of consignments of specific commodities approved by the department.

Training Providers

The training for the NCCC and AEPCOMM Schemes is provided by Registered Training Organisations (RTO).Online AEPCOMM training is also provided by one departmental approved non RTO provider.Details and information about the RTOs approved to deliver the recognised unit of competency can be found on the training.gov.au website. The department’s website also provides regular updates in relation to training requirements.

Accredited or Approved Persons

Approved person

To become an approved person under the AEPCOMM and NCCC Schemes the candidate must do three things:

successfully complete the recognised unit of competency
maintainevidence of attainment; and
provide the completed registration forms to the department

The approved person must undertake the same professional development as an accredited person in the ongoing accumulation of CBCwithin the 12 month CBC period (1 April – 31 March). Persons who do not obtain the required amount of ongoing training in CBC within this 12 month period will be suspended from using the Schemes until they have successfully completed the required unit of competency. Suspension will occur at the discretion of the department .The circumstances surrounding the incompletion of CBC will be reviewed on a case by case basis.Should the department determine an approval be removed a process of natural justice will be employed.

Accredited Person

To become an accredited person under the AEPCOMM and NCCC Schemes the candidate must do four things:

successfully complete the agreed unit of competency
maintain evidence of attainment
provide the completed registration forms to the department; and
Have a Customs Brokers License Number or declare that they are a self reporting importer (evidence must be provided)

. The accredited person must undertake biosecurity professional development in the ongoing accumulation of the CBC within the 12 month CBC period (1 April – 31 March). Persons who do not obtain the required amount of ongoing training in CBC in the 12 month period will be suspended from using the scheme until they have successfully completed the required unit of competency. Suspension will occur at the discretion of the department. The circumstances surrounding the incompletion of CBC will be reviewed on a case by case basis.The Department of Agriculture may consider any other relevant matter when assessing a person’s Fitness and Propriety for participation in the schemes. Should the department determine an approval be removed a process of natural justice will be employed.

Re-Accreditation

To bring accredited persons and approved persons to a consistent competency point the department will undertake a reaccreditation process through a bridging course provided by RTOs. This Bridging course will be open for completion over a three month period.

Persons who hold accreditation from 2009 to 30 June 2014 will be required to successfully complete the bridging course to maintain accreditation or approval with the department. Following completion of the bridging course all accredited or approved persons will be at a consistent competency point and from there are required to keep up to date and complete CBC. However, persons who hold accreditation post 1 July 2014 will only be required to be up to date with the CBC to maintain approval or accreditation.

Following an assessment of competency through the bridging course, accredited or approved persons must undertake CBC courses as required over the relevant CBC period.

Persons who do not obtain the required amount of ongoing training in CBC will be suspended from using the Scheme until they have successfully completed the required unit of competency and can provide evidence of successful completion.

An accreditation or approved status will be based on evidence of successful completion of the bridging course.

Model of Training Post Completion of Re-accreditation Bridging Course or Accreditation obtained post July 2014

NCCC + AEPCOMM

Review

This document is subject to regular review to ensure it continues to be relevant, effective and fit for purpose. The department reserves the right to assess and review the ongoing validity of this document to ensure that the requirements continue to align with legislation, government policy and the relevant operating environment in meeting both departmental and industry needs.

For further information contact:

Department of Agriculture – Management of Continued Biosecurity Competency for AEPCOMMM and NCCC Policy