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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? Commonwealth of Australia Ownership of intellectual property rights Unless otherwise noted, copyright (and any other intellectual property rights, if any) in this publication is owned by the Commonwealth of Australia (referred to as the Commonwealth). Creative commons licence All material in this publication is licensed under a Creative Commons Attribution 3.0 Australia Licence, save for content supplied by third parties, logos and the Commonwealth Coat of Arms. Creative Commons Attribution 3.0 Australia Licence is a standard form licence agreement that allows you to copy, distribute, transmit and adapt this publication provided you attribute the work. A summary of the licence terms is available from licenses/by/3.0/au/deed.en. The full licence terms are available from licenses/by/3.0/au/legalcode. This publication (and any material sourced from it) should be attributed as: Compliance Assessment and Management section, 2015, Management of continued biosecurity competency levels for NCCC and AEPCOMM policy, Canberra. Department of Agriculture Postal address GPO Box 858 Canberra ACT 2601 Switchboard +61 2 6272 2010 Website: .au Inquiries regarding the licence and any use of this document should be sent to: copyright@.au. The Australian Government acting through the Department of Agriculture has exercised due care and skill in the preparation and compilation of the information and data in this publication. Notwithstanding, the Department of Agriculture, its employees and advisers disclaim all liability, including liability for negligence, for any loss, damage, injury, expense or cost incurred by any person as a result of accessing, using or relying upon any of the information or data in this publication to the maximum extent permitted by law.Version HistoryVersionDate Amendment details1.0 10 September 2015New PolicyTable of Contents TOC \o "1-3" \h \z \u Summary PAGEREF _Toc424648973 \h 4Introduction PAGEREF _Toc424648974 \h 5Scope PAGEREF _Toc424648975 \h 5Definitions PAGEREF _Toc424648976 \h 6Approach to Continued Biosecurity Competency PAGEREF _Toc424648977 \h 7Continued Biosecurity Competency PAGEREF _Toc424648978 \h 8Accreditation and Approval PAGEREF _Toc424648979 \h 9Review PAGEREF _Toc424648980 \h 11Summary 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 trendsProvide 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 CBC providersApply 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 SchemesRecognition of accredited and approved persons to the AEPCOMM and NCCC SchemesContinued Biosecurity Competency (CBC) trainingDefinitions For definitions used in this policy, refer to Approved Arrangements Glossary located on the department’s website.TermDefinitionAccredited Person Licensed customs brokers or self 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 personPersons 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 CompetencyA 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 PartiesA party, other than the Commonwealth, to the compliance agreement.CBC Approved Training ProvidersRTO’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:PrincipleThe DepartmentRisk 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 NCCC Compliance 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 CompetencyBy 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 providersProviders approved by the department to deliver CBC sessions 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 personsPersons 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 person through 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 ApprovalUnder 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 ProvidersThe 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 .au website. The department’s website also provides regular updates in relation to training requirements. Accredited or Approved PersonsApproved personTo become an approved person under the AEPCOMM and NCCC Schemes the candidate must do three things:successfully complete the recognised unit of competency maintain evidence 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 CBC within 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 PersonTo 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-AccreditationTo 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 2014NCCC + AEPCOMM unit of competency and AEPCOMM training completed after 30 June 2014YesNoUndertake ongoing CBCComplete Bridging CourseUndertake ongoing CBCNCCC + 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: broker.accreditation@.au ................
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