Reporting an agricultural chemical use issue to Agriculture Victoria

What Agriculture Victoria will do if you make a report

Agriculture Victoria takes reports of inappropriate or potentially illegal chemical supply/use seriously. Reports are treated with a high level of respect.

Assessing your report

Agriculture Victoria is responsible for the administration of the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 (the Act) and parts of the Drugs, Poisons and Controlled Substances Act 1981. These laws regulate the supply and use of agricultural and veterinary chemicals, stock food and fertilisers.

When you report an issue, an Authorised Officer will discuss with you the harm, impact and risks related to the complaint. They will also ask about what you believe has happened.

After this discussion, the officer may take one or more of these actions:

• Refer you to another agency if your report is outside of Agriculture Victoria’s responsibilities.
• If your report is relevant, the officer may:
  • Collect samples from affected area to check for chemicals.
  • Talk to the person involved and provide them with educational materials.
  • Audit the chemical use of the reported person to assess their compliance with the Act
  • Conduct a full investigation to see if serious offences have occurred.

Some audits may lead to investigations if serious offences are suspected.

What is an audit?

An audit reviews how chemical are used or supplied. It also looks at the records kept by the user or supplier. This helps the Authorised Officer assess whether the actions were appropriate and if any offence occurred.

The investigation process

The aim of an investigation is to see if the chemical user has followed the relevant Act.

If Agriculture Victoria conducts an investigation, they might ask you to provide:

• More information, such as the contact details of the person involved.
• Photographs, reports or any other relevant documentation such as spray records.
• Permission for officers to enter your property to take samples.
• A signed witness statement outlining what you saw and when.

If officers cannot obtain adequate information from you, they may not be able to proceed with an investigation.

Timeframes for an investigation

Agriculture Victoria aims to complete investigations within a reasonable timeframe. Most investigations finish within 3 to 6 months, but this may vary in some cases.

Privacy

Agriculture Victoria will handle information provided in reports or gathered in audits/investigations by following the Privacy and Data Protection Act 2014. Please note if there is an existing relationship between you and the person who is the subject of your report (e.g., you are neighbours) then, they may easily be able to establish your identity without Agriculture Victoria providing any of your details.

Other options

If you have suffered loss or damage due to another person’s chemical misuse, you can contact a legal practitioner to obtain independent advice regarding alternative courses of action.

Agriculture Victoria does not provide any guidance on civil matters.