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Non-compliant behavior in a regulatory biosecurity framework

Non-compliant behavior in a regulatory biosecurity framework. Claire McKee. 22 November 2017. What is our role?. Policy advice, market access negotiation, client service and industry regulation Primary industries Biosecurity Australia’s rivers & freshwater ecosystems.

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Non-compliant behavior in a regulatory biosecurity framework

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  1. Non-compliant behavior in a regulatory biosecurity framework Claire McKee 22 November 2017

  2. What is our role? . • Policy advice, market access negotiation, client service and industry regulation • Primary industries • Biosecurity • Australia’s rivers & freshwater ecosystems Department of Agriculture and Water Resources Claire McKee 22 November 2017 2

  3. Biosecurity at the border in 2016/17: • 20 million inbound travellers • 158 million inbound mail items • 18,000 inbound vessels • 970,000 import cargo assessments • 450,000 commercial consignments • 520,000 non-commercial consignments • 3,653 Approved Arrangements (brokers, depots, importers, treatment providers) . Department of Agriculture and Water Resources Claire McKee 22 November 2017 3

  4. Conscious regulatory opponents: summary • Concept: ‘a brain behind the harm’ • Malcolm Sparrow • Elements • Duel regulator vs regulated • Deliberate adaptation Department of Agriculture and Water Resources Claire McKee 22 November 2017 4

  5. Conscious regulatory opponents: detail • Assess type/nature of regulatory controls • Opponents who intend to outwit regulator • Develop novel methods to evade regulatory controls Claire McKee 22 November 2017 Department of Agriculture and Water Resources 5

  6. Regulator ≠ conscious regulatory opponents • Wide spectrum • Environmental • Transport, workplace safety • Tax • Law enforcement Department of Agriculture and Water Resources Claire McKee 22 November 2017 6

  7. So what? • Implications for probability based assessments • Less predictive • Agility/adaptiveness • Case study: imported prawns/Operation Cattai Department of Agriculture and Water Resources Claire McKee 22 November 2017 7

  8. So what: regulatory tools/tactics implications • Understand how regulatory opponents think/act • Tiger/red teams • Novel strategies/counter tactics • Less predictable • New/emerging pattern detection important Department of Agriculture and Water Resources Claire McKee 22 November 2017 8

  9. So what: regulatory intelligence • Emergent capability • Different to defence/law enforcement • Common regulatory tools • Behaviour regulation, education, voluntary compliance, best practice • Efficacy of regulatory tools • New tools/tactics Department of Agriculture and Water Resources Claire McKee 22 November 2017 9

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