DPI Fisheries – NSW IRC Recommendations & Operation of Current Work Bans
The PSA has been quiet over the last few months but that does not mean that things haven’t been progressing since the NSW IRC decision handed down in November.
In Commissioner McDonald’s recommendation, Department of Primary Industries (DPI) Fisheries was tasked with providing the PSA with up-to-date information on several matters including:
- the progression of recommendations from the CERT Review in 2022;
- the exemptions sought under the Weapons Prohibition Act/Regulations that would enable Fisheries Officers to possess Oleoresin Capsicum (OC) Spray and;
- the progression of the $1.8 million Federal Vessel Monitoring System (VMS) trial.
On 5 December, DPI Fisheries provided the PSA Fisheries Officers Vocational Branch (FOVB) with its response to recommendations 1 and 2. In recommendation 3, the PSA was tasked by Commissioner McDonald with reviewing the continuing operation of the work bans once said material had been provided.
As an aside, in December 2024, DPI Fisheries also commissioned an independent consultancy to review the current Fisheries Management Act/Regulations and provide recommendations to DPI Fisheries and NSW Government on potential legislative reform. Once advised by DPI Fisheries, the PSA wrote to the Agriculture Minister with our concerns regarding another review cause frankly, talk is cheap. The PSA and FOVB were fed up with being told that things would change for the better or that legislative change was in the wings (the previous Liberal/National Government), when the opposite was the case.
Plain and simple the PSA made it clear that we were tired of being the path of least resistance and that there was expectation that this review would lead to meaningful legislative change. It wasn’t about Fisheries Officers being Police Officers and tackling organized crime all by ourselves like some Australian form of Maimi Vice – it was about having the right legislation that would allow our members to do their regulatory and educational roles in an effective and safe manner. After all, this is what recreational and commercial fishers expect and would be rather upset to find out that Fisheries Officers currently cannot deliver it.
Many members would know that this consultancy group has met with several different branches across Fisheries Compliance and on 11 February the FOVB Executive and Troy Wright from the PSA Executive met with the group to provide our input to the review. It didn’t take all that long to deliver our list of concerns, perhaps because we were well versed. We’ve been saying the same things for almost a decade now.
Without prejudicing or second guessing what the consultancy group may recommend, it is clear that this consultancy group understands the operational deficiency in the Fisheries Management Act/Regulations and the risks to work, health and safety of our members due to the deficiency in that Act as well as supporting legislation like Weapons Prohibition and Surveillance Acts.
The question of legislative reform resulting from the consultancy group recommendations will rest with the political will of this NSW Government. The PSA has said that if the substance of any legislative reform meets our expectations, then it will have the full support of this union and its membership.
The PSA provided a commitment to review the current Workbans once the meeting with the consultancy group had taken place. The Deputy Secretary for Forestry & Fisheries has written to the PSA seeking written confirmation by Friday 14 February to lift the workbans. The PSA has since written back and advised of our processes that involve the membership first and foremost.
The PSA and FOVB Executive asks the FOVB membership to review the documentation provided by DPI Fisheries as well as the response from the PSA to be informed of the situation when asked if the membership will lift the work bans through our meeting processes that will be scheduled shortly.