Appendix 1: Agreements
The Department of Commerce recognises the benefits derived from working collaboratively with external parties by negotiating co-agency agreements, Heads of Agreement, Memoranda of Understanding, Instruments of Declaration and inter-governmental arrangements with a range of organisations, within the public and private sector.
Agreements
Agreements provide a structured and formal arrangement for information sharing and are designed to improve the flow of information between parties, where the two have a common interest or legislative responsibility. In most cases the scope of agreements is limited to selected areas of mutual interest, so there are limited powers of request and exchange. At all times the information exchanged is in accordance with a legislative power, and always with regard to other governing legislation, such as the Commonwealth Privacy Act 1988.
Co-agency agreements
Co-agency agreements in place during 2010-11:
- Australian Maritime Safety Authority
- Department of Transport, Marine Safety
- Department of Transport, (monitoring fatigue in the omnibus industry)
- Department of Transport, Office of Rail Safety.
Heads of Agreement
Heads of Agreement in place during 2010-11:
-
WorkCover WA
Memoranda of Understanding
Memoranda of Understanding in place during 2010-11:
- Associazione Parchi Scientifici E Tecnologici Italiani, Italy and Technology Park, Bentley
- .au Domain Administration Limited
- Australian Competition and Consumer Commission
- Australian Government agencies responsible for enforcement of occupational safety and health legislation
- ASIC
- ASIC regarding co-operation, access to and use of information, referral of matters, and co-operation in education activities following the transfer of regulation of consumer credit under Western Australian credit legislation from the Western Australian Department of Commerce, Consumer Protection Division to the ASIC, and other matters to support the National Credit Law
- Biotechnology Institute for sanofi-agentis BioGENEius Challenge of Western Australia
- Bureau of WorkSafe Supervision and Administration Zhejiang Provincial Government
- City of Kalgoorlie Boulder and the Plumbers’ Licensing Board
- Commonwealth of Australia and the State of Western Australia regarding the SKA Project
- Commonwealth of Australia and the State of Western Australia on radio quiet matters relating to the Murchison Radio-astronomy Observatory and SKA Project
- CSIRO and the State of Western Australia regarding the SKA and Australian SKA Pathfinder Projects (Collaborative Agreement)
- Confidentiality Undertaking with the ASIC regarding credit provider and finance broker licensee and complaint information provided prior to the transition of credit regulation to the Commonwealth
- Confidentiality Undertaking with the Attorney-General’s Department of the Australian Government regarding the provision of sample personal property securities (PPS) data to facilitate the transition of the Western Australian PPS register to the Commonwealth
- Consumers’ Association of WA (Inc)
- Daedeok Innopolis, Korea and Technology Park Bentley, Western Australia
- Department for Child Protection regarding referrals of suspected breaches of children in employment laws; notification of potential child protection issues arising from investigations; and joint responses to circumstances where the nature of a child’s employment may jeopardise their wellbeing
- Department of Education Services, Office of the Training Accreditation Council
- Department of Environment, Water, Heritage and the Arts regarding the monthly provision of complaint information around the Home Insulation Program
- Department of Fisheries regarding the exchange of information relating to investigations
- Department of Immigration and Citizenship
- Department of Indigenous Affairs and the Commonwealth of Australia’s Registrar of Indigenous Corporations for the corporate governance training program: Managing in Two Worlds
- Department of Mines and Petroleum, Resources Safety Division
- Department of Mines and Petroleum and Department of State Development regarding a Graduate Program Partnership Agreement
- Department of State Development on local content
- Department of Transport regarding the Department of Commerce’s access to the Transport Executive and Licensing Information System and vice versa the Department of Transport’s access to CALS
- Department of Regional Development and Lands for Community Emergency Mobile Communications Project
- Economic Regulation Authority
- Energy Ombudsman
- Hangzhou National Hi-Tech Industry Development Zone and Technology Park Bentley of Western Australia
- Health and Disability Services Complaint Office
- Healthways and the Department of Commerce regarding the exchange of information on incorporated associations
- National Industrial Chemicals Notification and Assessment Scheme
- National Offshore Petroleum Safety Authority
- Office of Energy
- State Administration of Work Safety, People’s Republic of China
- State Library for National Partnership for Remote Indigenous Public Internet Access
- Water Corporation and the Plumbers’ Licensing Board
- Western Australian Agriculture Authority regarding Western Australia’s ‘Buy West, Eat Best’ food marketing program
- Western Australia Police regarding the application of Occupational Safety and Health Act 1984 to police officers
- Western Australia Police and Building Industry and Special Projects Inspectorate
Instruments of Declaration
Construction work at mine sites falls under the jurisdiction of the Mines Safety and Inspection Act 1994 (the MSI Act) and the Mining Act 1978. Section 4(3) of the Occupational Safety and Health Act 1984 (the OSH Act), provides that the Minister administering the OSH Act and the Minister administering the MSI Act and Mining Act 1978 may declare, in an 'instrument of declaration', that the OSH Act or provisions of it apply to, or in relation to, a workplace normally falling under the jurisdiction of the MSI Act or the Mining Act 1978.
Instruments of Declarations in place during 2010-11:
- BHP Billiton railway
- BHP Transport Marine Slipway on Special Lease 3116/3690, Burgess Point, BHP Iron Ore Nelson Point
- Boodarie Power Station, Port Hedland
- Brockman 4 (This Instrument was revoked during 2010-11)
- Duketon Gold Project mine site
- Griffin Coal Company Pty Limited - Premier Mine
- Hope Downs 4 project
- Jimblebar Mines Construction Project
- Karara Mining Project
- Marandoo Mines Phase 2 project
- Newman Power Station
- Pilbara Infrastructure Pty Ltd railway
- Pilbara Iron Pty Ltd railway
- Sino Iron mine site
- Spinifex Ridge Molybdenum (Moly Mines Australia Pty Ltd) mine site
- Wesfarmers Coal Limited - Premier Mine
- Yandi mine site
Inter-governmental arrangements
Inter-governmental agreements articulate the commitment of jurisdictions to implement decisions.
Agreement in place during 2010-11:
- Inter-governmental agreement for the operation of the Australian Building Codes Board
Inter-governmental arrangements for service delivery clearly articulate accountability and funding for the delivery of services by the department to a government authority.
Arrangements in place during 2010-11:
- Commonwealth of Australia and State of Western Australia regarding the delivery of services to the Christmas Island and Cocos (Keeling) Islands
- Federal Fair Work Ombudsman to deliver education services to private sector employers and employees on transitional arrangements for Federal Modern Awards
- Real Estate and Business Agents Supervisory Board regarding the delivery of regulatory services to the Board
- Settlement Agents Supervisory Board regarding the delivery of regulatory services to the Board.