Jacqueline Agius
ACT Work Health and Safety Commissioner & Labour Hire Licence Commissioner
WorkSafe ACT
28-29 May 2024
Ngunnawal Country | Canberra Rex Hotel & Online
Enhancing Investigations & Enforcement Outcomes
Optimise your regulatory toolkit to drive successful regulatory outcomes
Maximise outcomes through the efficient use of compliance & enforcement tools
The 4th Annual Enhancing Investigations & Enforcement Outcomes Conference is your opportunity to connect with regulatory peers and experts from various jurisdictions as they explore how they can leverage the right enforcement tools to drive better compliance outcomes. The Hatchery’s annual conference series has gathered over 250+ regulatory professionals from various state and federal level regulators, agencies and departments across Australia and New Zealand.
The purpose of this event is to bring together the regulatory community to exchange information and share best practices and case studies to examine how regulators can strengthen their investigative processes, drive interagency collaboration, set regulatory priorities, use enforcement tools innovatively, measure success and much more.
Why attend
Learn how to publish case learnings effectively to drive behaviour change
Leverage the use of appropriate regulatory powers and enforcement tools
Discover the benefits of interagency collaboration
Explore the role of strategic communications to support your regulatory strategy
Speakers
Russell Bennett
Assistant Commissioner, Investigations, Legal & Policy
Health Complaints, Commissioner Victoria
Simon Nicholson
Work Health & Safety Prosecutor
Office of the Work Health & Safety Prosecutor QLD
Belinda Hughes
Director of Prosecutions
National Heavy Vehicle Regulator
Jade Henderson
Assistant Work Health and Safety Prosecutor
Office of the Work Health and Safety Prosecutor QLD
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Stephanie Morrow
Specialist Advisor, Compliance & Enforcement
Essential Services Commission
Deborah Wallace
Former Detective Superintendent
NSW Police Force, Recipient of Australia Day Achievement Award, the Australian Crime and Prevention Award, and the Australian Police Medal
Jacqueline Agius
ACT Work Health and Safety Commissioner & Labour Hire Licence Commissioner
WorkSafe ACT
Russell Bennett
Assistant Commissioner, Investigations, Legal & Policy
Health Complaints, Commissioner Victoria
Simon Nicholson
Work Health & Safety Prosecutor
Office of the Work Health & Safety Prosecutor QLD
Belinda Hughes
Director of Prosecutions
National Heavy Vehicle Regulator
Jade Henderson
Assistant Work Health and Safety Prosecutor
Office of the Work Health and Safety Prosecutor QLD
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Stephanie Morrow
Specialist Advisor, Compliance & Enforcement
Essential Services Commission
Deborah Wallace
Former Detective Superintendent
NSW Police Force, Recipient of Australia Day Achievement Award, the Australian Crime and Prevention Award, and the Australian Police Medal
What’s new in 2024?
- Hear from the Victorian Disability Workers Commission for the first time on how they are regulating in the backdrop of several royal commissions as a new regulator in a crowded market
- Delve into Comcare’s regulatory approach to workplace psychosocial hazards that have been recently mandated
- Join the conversation and participate in the great regulatory debate on “Prosecution is the most effective regulatory tool”
- Multiple interactive sessions to network with your peers and colleagues
- Discover the effective use of data and intelligence to target investigations
Who will attend
Federal, state and local government departments, regulatory agencies and associations responsible for:
- Investigations
- Compliance
- Enforcement
- Legal
- Regulation
- Regulatory Practice & Operations
- Intelligence
- Strategy & Policy
Agenda
Times are shown in AEST
9:00 am
Acknowledgement of Country & opening remarks from MC
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Amiette Wakenshaw
Amiette Wakenshaw is currently the Principal Project Manager at Biodiversity Conservation and Science, a part of the NSW Department of Planning and Environment.
Amiette has 25 years practical experience in all aspects of environmental regulation– both with the NSW EPA for 21 years as an Operations Officer, Investigator and Regulatory Capability Manager and more recently three years with the Natural Resources Access Regulator and Manager Regulatory Capability.
Amiette was involved in the development and delivery of the AELERT Professional Development and Training Program, the Regulatory Officers Capabilities and the AELERT Authorised Officers Guideline.
She has a Bachelor of Science and Masters of Environmental Science, Diploma in Government (Investigations), and Certificate IV in Training and Assessment.
9:10 am
Exploring the Victorian Disability Workers Commission journey as a first regulator of this kind in a sector that has not been regulated
- Unpacking the VDWC’s approach and ongoing journey to drive compliance
- Creating awareness in a crowded regulatory landscape and working collaboratively
- Balancing safety and quality for participants while leveraging appropriate regulatory powers and enforcement tools including banning orders to drive successful regulatory outcomes
- Co-regulation as a practice: Benefits, pitfalls and lessons learned
Daniel Stubbs
Commissioner
Victorian Disability Worker Commission
Daniel Stubbs
Dan Stubbs is the Victorian Disability Worker Commissioner and is the head of the Commission. He was appointed in October 2019.
As Commissioner, Dan is responsible for regulating the conduct of all Victorian disability workers. He responds to complaints about all disability workers and has the power to ban unregistered workers from the sector for breaching the Code of Conduct.
Dan has a disability; he has a sight impairment. He has an understanding of the reliance people have on disability workers and the need to ensure services are safe and high quality.
Dan is passionate about the rights and entitlements of people with disability. Previously he worked in the community legal sector as a lawyer and in various leadership roles. He has also worked extensively in developing countries Where he led work on disability. Dan also has a long history of leadership in Australian systemic advocacy organisations of people with disability.
Dan Stubbs has a Bachelor of Laws (hons) and a Bachelor of Commerce (Hons), and Graduate Diplomas in Development Economics and Legal Practice.
Dan is committed to advancing the rights and safety of people with disabilities. He is also more fun and interesting than this bio suggests…
9:50 am
Effective investigation decision-making
- Unpacking the impact of resourcing on decision making
- What not to investigate and how to define the scope of your investigation
- What is the most appropriate regulatory response to misconduct uncovered during investigations for the best outcomes?
Rowena Park
General Manager, Compliance and Enforcement
Australian Energy Regulator
Rowena Park
Rowena Park leads the Australian Energy Regulator’s Compliance & Enforcement Branch as General Manager, focusing on making energy consumers better off. She is responsible for retail authorisations, exemptions, retail and wholesale compliance, compliance assessment and reporting and all investigations and enforcement undertaken by the AER.
Rowena has previously led enforcement teams at ASIC, focusing on financial services and credit misconduct, including as Group Senior Manager in Financial Services Enforcement. She led ASIC’s Royal Commission Litigation Program focusing on misconduct arising from the Royal Commission into Banking and Financial Services.
Rowena has also led policy development and law reform projects including ASIC’s project team for the Treasury-led ASIC Enforcement Review Taskforce. The Taskforce made a number of recommendations resulting in law reform which has enhanced ASIC’s regulatory toolkit considerably.
Rowena has 17 years’ experience in litigation, dispute resolution, regulation, compliance and enforcement both in the private and public sectors
10:30 am
Morning Tea
11:00 am
Prosecuting complex regulatory offences: The basis, the challenges, the outcomes
- Prosecution of regulatory offences can be complex, with the law capturing more criminal conduct and sentencing options expanding
- An overview of the prosecution process and challenges practitioners and regulators face in this environment
- How to address challenges in order to work towards a successful outcome, and how best to approach sentencing hearings
Simon Nicholson
Work Health & Safety Prosecutor
Office of the Work Health & Safety Prosecutor QLD
Simon Nicholson
I am Queensland’s Work Health and Safety Prosecutor, appointed to the role in October 2022. Born and raised in Hobart, where I lived until moving to Brisbane, I have a background in summary prosecution work with the DPP in Tasmania over 14 years, and was a Principal Crown Counsel prior to my appointment. My current role builds on the wealth of experience I have in prosecuting high-profile work health and safety matters, as well as acting as counsel assisting in coronial inquests and appearing in appeals to both the Supreme Court of Tasmania and High Court of Australia.
Jade Henderson
Assistant Work Health and Safety Prosecutor
Office of the Work Health and Safety Prosecutor QLD
Jade Henderson
Jade commenced her career in the private sector, working for a law firm in the areas of class actions and personal injuries. In May 2018, she commenced working in the field of regulatory prosecutions and joined the office of the Work Health and Safety Prosecutor in March 2019. Since that time, she has been responsible for managing numerous complex and high-profile prosecution matters and has progressed to the role of Acting Assistant Work Health and Safety Prosecutor, supervising a team of lawyers with carriage of work health and safety and resources safety prosecutions.
11:40 am
The regulator can no longer afford to play catch up with the regulated
- How to boost efficiency and accuracy to enhance regulatory compliance activities, using modern methodologies
- Why AI is a no-brainer for streamlining regulatory operations, aiding decision-making and enforcement
- What to think about when using machine learning to drive regulatory outcomes: risks, security, and ethics
Russell Hunter
Senior Account Manager
Comtrac
Russell Hunter
Russell Hunter, Senior Account Manager at Comtrac, is dedicated to enhancing regulatory systems for better outcomes. During his more than 15 years in public service, spanning Commonwealth, Victorian, and Tasmanian governments, he focused on animal welfare and biosecurity.
In Tasmania, Russell’s initiatives in animal welfare operations boosted consistency of outcomes, and investigation efficiency by 30%. His technical knowledge and ability to translate strategy into action influenced legislative frameworks and enhanced powers for officers.
His varied career includes international work, public service leadership, and consultancy. Russell’s commitment to innovation and excellence drives his continual quest for more effective regulatory strategies, aiming for significant, positive changes in operations.
12:10 pm
Networking Break
In this fun, interactive session, you will have the opportunity to meet fellow attendees and speakers in two minute bursts, to exchange contact information and set up conversations for the rest of the event.
12:40 pm
Lunch
1:40 pm
Building capability: Understanding the interplay between criminal & administrative law in the regulatory compliance space
- What is Administrative Law and why is a working knowledge of the subject important?
- The importance of appropriate selection criteria when hiring regulatory compliance staff
- How much training is too much? What should we expect from compliance staff?
Tim Hutchens
Assistant Director Investigations
ACT Government
Tim Hutchens
Tim is the Assistant Director (Investigations) in the Licensing and Compliance unit of Transport Canberra and City Services (TCCS). He runs a team of investigators who take charge of prolonged and protracted investigations and attend the ACT Magistrates Court and ACT Civil and Administrative Tribunal on behalf of the Government.
Over the past 26 years, Tim has spent eight and half years in the NSW Police, and five and half years as a bereted qualified member of the 2nd Commando Regiment in the Australian Defence Forces. After leaving defence he ran a private investigation business before accepting a role as Chief Inspector of the RSPCA ACT. Amongst his various qualifications, Tim holds a Master of Investigations and a Master of Laws.
2:20 pm
Breaking Silos, Bridging Borders: A National Task Force Approach
In this session, hear from fearless legend Former Detective Superintendent Deborah Wallace who has delved into the dark underbelly of crime investigating and dismantling some of the State’s most feared gangs. Throughout a stellar career spanning more than 37 years in the Force Deb commanded a range of Specialist crime squads bringing order to the wild west of 1990s Cabramatta and busting criminal bikie gangs with Strike Force Raptor. Deb will address the approach Strike Force Raptor took in relation to disrupting and disabling outlaw motorcycle gangs through legislation, regulatory compliance and traditional policing approach.In 2019 Raptor received an International Investigation Award for the best approach in tackling omcgs. Hear from Deb on her early career journey, leveraging cross-agency collaboration, how navigating bureaucracy and taking an operational focus has successfully delivered outcomes.
Deborah Wallace
Former Detective Superintendent
NSW Police Force, Recipient of Australia Day Achievement Award, the Australian Crime and Prevention Award, and the Australian Police Medal
Deborah Wallace
Superintendent Deborah Wallace rose to the top of the New South Wales Police Force with grace, humour and an iconic sense of style.
In her incredible 37 years in the Force, Deb commanded a range of specialist crime squads. Bringing order to the wild west of 1990s Cabramatta and busting criminal bikie gangs with Strike Force Raptor.
Deborah retired from the NSW Police Force in December 2019 and has been keeping very busy since. In October 2023 Deborah was appointed to the NSW State Parole Authority, bringing a wealth of experience and knowledge of law enforcement and the criminal justice system, having worked closely with an array of community groups including indigenous, migrants, culturally diverse communities, and young people.
In 2022 Series 1 of the True Crime series, ‘Million Dollar Murders’ hosted by Deborah Wallace, was launched nationally on the Nine Network. This gripping landmark series, returned with Series 2 in October 2023, as Million Dollar Murders re-examines some of the Australia’s most baffling unsolved murders.
3:00 pm
Afternoon tea
3:30 pm
Practical approaches to setting regulatory priorities & measuring success
- How do we quantify the problem?
- How do you define what success looks like in measurable terms?
- What quantifiable metrics can be used to track progress?
- How can real-time data be used effectively to reassess and adjust strategies?
Stephanie Morrow
Specialist Advisor, Compliance & Enforcement
Essential Services Commission
Stephanie Morrow
Stephanie Morrow (LLB, BCA, LLM, Grad Dip LP, LIV Accredited Specialist in Criminal Law) works at the Essential Services Commission as a Specialist Advisor in Compliance and Enforcement. She previously worked as a lawyer assisting investigators, providing legal advice, and running regulatory litigation (including prosecutions, civil penalty litigation, tribunal disciplinary hearings, injunction applications, and defending reviews of regulatory decisions) at Environment Protection Authority Victoria and Consumer Affairs Victoria. She also prosecuted commercial crime at the Office of Public Prosecutions Victoria, where informants included WorkSafe and Victoria Police. She started her legal practice at Corrs Chambers Westgarth, working on ACCC and other litigation.
4:10 pm
Closing remarks
9:00 am
Acknowledgement of Country & opening remarks
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Amiette Wakenshaw
Amiette Wakenshaw is currently the Principal Project Manager at Biodiversity Conservation and Science, a part of the NSW Department of Planning and Environment.
Amiette has 25 years practical experience in all aspects of environmental regulation– both with the NSW EPA for 21 years as an Operations Officer, Investigator and Regulatory Capability Manager and more recently three years with the Natural Resources Access Regulator and Manager Regulatory Capability.
Amiette was involved in the development and delivery of the AELERT Professional Development and Training Program, the Regulatory Officers Capabilities and the AELERT Authorised Officers Guideline.
She has a Bachelor of Science and Masters of Environmental Science, Diploma in Government (Investigations), and Certificate IV in Training and Assessment.
9:10 am
Regulatory action to support work health and safety & workers compensation in the ACT
- Exploring how targeting investigations through the use of data and intelligence can enhance regulatory action in the ACT
- Leveraging existing processes including a case management panel that provides recommendations on decisions on regulatory compliance matters for accountability, transparency and appropriate decision making
- Implementing a repeat offender program in the construction industry to focus efforts on businesses identified through data analysis to be repeatedly in breach of their duties
- Building evaluation and data gathering activities into investigation planning to better capture how our investigations are tied to regulatory impact
Jacqueline Agius
ACT Work Health and Safety Commissioner & Labour Hire Licence Commissioner
WorkSafe ACT
Jacqueline Agius
Jacqueline Agius the ACT Work Health and Safety Commissioner was appointed to this role in April
2020. Ms Agius is also the Commissioner of the Labour Hire Licencing scheme which commenced on
27 May 2021. Ms Agius is an experienced leader with extensive practice in both industrial, and work
health and safety laws.
Ms Agius is committed to improving health and safety standards in Canberra workplaces and
creating a strong safety culture in the ACT Community. She believes this is achievable with a strong
regulatory response and holding duty holders accountable for creating safe work environments.
She is passionate about achieving positive outcomes and improving the livelihood of Canberra
workers.
Ms Agius is also dedicated to addressing psychosocial hazards at local workplaces and has
established a dedicated team at WorkSafe ACT to regulate these risks.
Before being appointed as Work Health and Safety Commissioner, Ms Agius was a senior industrial
officer with the Australian Education Union, ACT Branch. She has also worked as a legal practitioner
in the ACT specialising in criminal law.
Ms Agius has been a member of the Work Health and Safety Council since 2016 and sits on the
Heads of Workplace Authorities. She has had extensive experience speaking about work health and
safety in a variety of forums. She believes that when we get work health and safety right we can
make significant improvements to workers lives.
9:50 am
Comcare’s regulatory approach to workplace psychosocial hazards
- Overview of Comcare’s regulatory approach to psychosocial risks including its innovative proactive program
- Utilising a range of regulatory practices to raise awareness and drive behavioural change
- Benefits of a systems-based approach to assess and mitigate psychosocial risk
Justin Napier
General Manager, Regulatory Operations
Comcare
Justin Napier
Justin Napier joined Comcare in June 2015. He has oversight of Comcare’s inspectorate function, regulatory policy, WHS system audits, WHS authorisations, regulatory intelligence and regulatory education and stakeholder engagement.
Prior to joining Comcare, Justin was General Manager Corporate and Operations at the Australian Skills Quality Authority (ASQA) and an Executive member of the Establishment Taskforce responsible for implementation of the Fair Work Act, including the establishment of Fair Work Australia and the Fair Work Ombudsman.
Justin holds a Graduate Diploma in Business Administration, a Bachelor of Arts and is an alumnus of the Kennedy School of Government at Harvard University.
10:30 am
Morning Tea
11:00 am
THE GREAT REGULATORY DEBATE: Prosecution is the most effective regulatory tool
Delve into the merits, implications, and real-world outcomes of using prosecution as a primary means of regulation, and explore alternative methods and their potential efficacy. Attendees will gain insights into the contrasting viewpoints and will be able to participate in the session, through comments, questions and voting to decide the winner
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Amiette Wakenshaw
Amiette Wakenshaw is currently the Principal Project Manager at Biodiversity Conservation and Science, a part of the NSW Department of Planning and Environment.
Amiette has 25 years practical experience in all aspects of environmental regulation– both with the NSW EPA for 21 years as an Operations Officer, Investigator and Regulatory Capability Manager and more recently three years with the Natural Resources Access Regulator and Manager Regulatory Capability.
Amiette was involved in the development and delivery of the AELERT Professional Development and Training Program, the Regulatory Officers Capabilities and the AELERT Authorised Officers Guideline.
She has a Bachelor of Science and Masters of Environmental Science, Diploma in Government (Investigations), and Certificate IV in Training and Assessment.
Rowena Park
General Manager, Compliance and Enforcement
Australian Energy Regulator
Rowena Park
Rowena Park leads the Australian Energy Regulator’s Compliance & Enforcement Branch as General Manager, focusing on making energy consumers better off. She is responsible for retail authorisations, exemptions, retail and wholesale compliance, compliance assessment and reporting and all investigations and enforcement undertaken by the AER.
Rowena has previously led enforcement teams at ASIC, focusing on financial services and credit misconduct, including as Group Senior Manager in Financial Services Enforcement. She led ASIC’s Royal Commission Litigation Program focusing on misconduct arising from the Royal Commission into Banking and Financial Services.
Rowena has also led policy development and law reform projects including ASIC’s project team for the Treasury-led ASIC Enforcement Review Taskforce. The Taskforce made a number of recommendations resulting in law reform which has enhanced ASIC’s regulatory toolkit considerably.
Rowena has 17 years’ experience in litigation, dispute resolution, regulation, compliance and enforcement both in the private and public sectors
Belinda Hughes
Director of Prosecutions
National Heavy Vehicle Regulator
Belinda Hughes
12:00 pm
Lunch
1:00 pm
Effectively leverage media to share investigative outcomes for general deterrence
- Explore how a single prosecution can serve as a powerful catalyst for behaviour change
- Unpacking the importance of transparent communication in sharing investigations and their outcomes
- Ensuring the use of simple language and avoiding legal jargon or
- Delivering case learnings in a practical format using simple language that can
Belinda Hughes
Director of Prosecutions
National Heavy Vehicle Regulator
Belinda Hughes
1:40 pm
Exploring the role of strategic communications to support your regulatory objectives
- Can you have customers and regulate at the same time?
- Building and maintaining trust through successful compliance campaigns
- Measuring the success of your communications campaigns
- How do you maximise the action taken so you deter others?
Cathy Heycock
Director of Public Affairs
EPA Victoria
Cathy Heycock
Cathy Heycock is passionate about people and storytelling, with a career focused on using communications, marketing, media and digital channels to raise the profile of each organisation and raise awareness of their work and dedicated staff. Currently Director Public Affairs at Environment Protection Authority Victoria, she has had previous roles at an English language newspaper in Indonesia, Leader Newspapers, Victoria Police, Royal Childrens Hospital, a mental health charity and in the Victorian Public Service.
2:20 pm
Afternoon tea
2:50 pm
Exploring how the Department for Environment and Water (SA) is managing their development, authorisations & modular training using technology and online platforms
- The Act’s of legislation and nuances around the powers of our Authorised Officers (AO)
- The Training we provide encompasses empowerment of target learners and modular paced training
- The new AO training repository and system for managing instruments of appointment
Victor Gaffney
Senior Investigator and Compliance Officer
Department for Environment and Water SA
Victor Gaffney
With over 30 years’ experience within investigations, regulation & compliance. He has served as a major crime detective in the UK and within South Australia Police. Vic has worked in the Environment Protection Authority, and he implemented the first Authorised Officer Training Reform Project and delivered the course content. He moved to DEW as the Team Leader Investigations, implementing investigational process and reform. As State Manager Investigations and Compliance, Primary Industries he delivered on a new ‘Zero Tolerance’ approach for possession of ‘Fruit Fly’ host material. As Adelaide Registrar with Courts SA, championed the new Electronic Court Management System before returning to investigations.
Vic is a specialist investigative interviewer, both witnesses and suspects.
3:30 pm
Lessons learnt from investigations
Public sector regulators are expected to meet high standards in regard to service, effectiveness, integrity and accountability. Agencies and individuals can sometimes fail to meet those standards. Part of the investigation process is a debrief or at least a personal reflection on the work.
Through her years of investigation and brief checking Amiette has identified some key lessons learnt. These lessons will be common for all regulators and include things such as:
- Use (or abuse) of powers
- Interviewing
- Record keeping and
- Service of documents
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Amiette Wakenshaw
Amiette Wakenshaw is currently the Principal Project Manager at Biodiversity Conservation and Science, a part of the NSW Department of Planning and Environment.
Amiette has 25 years practical experience in all aspects of environmental regulation– both with the NSW EPA for 21 years as an Operations Officer, Investigator and Regulatory Capability Manager and more recently three years with the Natural Resources Access Regulator and Manager Regulatory Capability.
Amiette was involved in the development and delivery of the AELERT Professional Development and Training Program, the Regulatory Officers Capabilities and the AELERT Authorised Officers Guideline.
She has a Bachelor of Science and Masters of Environmental Science, Diploma in Government (Investigations), and Certificate IV in Training and Assessment.
4:10 pm
Closing Remarks & Close of Conference
9:00 am
Acknowledgement of Country & opening remarks from MC
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Amiette Wakenshaw
Amiette Wakenshaw is currently the Principal Project Manager at Biodiversity Conservation and Science, a part of the NSW Department of Planning and Environment.
Amiette has 25 years practical experience in all aspects of environmental regulation– both with the NSW EPA for 21 years as an Operations Officer, Investigator and Regulatory Capability Manager and more recently three years with the Natural Resources Access Regulator and Manager Regulatory Capability.
Amiette was involved in the development and delivery of the AELERT Professional Development and Training Program, the Regulatory Officers Capabilities and the AELERT Authorised Officers Guideline.
She has a Bachelor of Science and Masters of Environmental Science, Diploma in Government (Investigations), and Certificate IV in Training and Assessment.
9:10 am
Exploring the Victorian Disability Workers Commission journey as a first regulator of this kind in a sector that has not been regulated
- Unpacking the VDWC’s approach and ongoing journey to drive compliance
- Creating awareness in a crowded regulatory landscape and working collaboratively
- Balancing safety and quality for participants while leveraging appropriate regulatory powers and enforcement tools including banning orders to drive successful regulatory outcomes
- Co-regulation as a practice: Benefits, pitfalls and lessons learned
Daniel Stubbs
Commissioner
Victorian Disability Worker Commission
Daniel Stubbs
Dan Stubbs is the Victorian Disability Worker Commissioner and is the head of the Commission. He was appointed in October 2019.
As Commissioner, Dan is responsible for regulating the conduct of all Victorian disability workers. He responds to complaints about all disability workers and has the power to ban unregistered workers from the sector for breaching the Code of Conduct.
Dan has a disability; he has a sight impairment. He has an understanding of the reliance people have on disability workers and the need to ensure services are safe and high quality.
Dan is passionate about the rights and entitlements of people with disability. Previously he worked in the community legal sector as a lawyer and in various leadership roles. He has also worked extensively in developing countries Where he led work on disability. Dan also has a long history of leadership in Australian systemic advocacy organisations of people with disability.
Dan Stubbs has a Bachelor of Laws (hons) and a Bachelor of Commerce (Hons), and Graduate Diplomas in Development Economics and Legal Practice.
Dan is committed to advancing the rights and safety of people with disabilities. He is also more fun and interesting than this bio suggests…
9:50 am
Effective investigation decision-making
- Unpacking the impact of resourcing on decision making
- What not to investigate and how to define the scope of your investigation
- What is the most appropriate regulatory response to misconduct uncovered during investigations for the best outcomes?
Rowena Park
General Manager, Compliance and Enforcement
Australian Energy Regulator
Rowena Park
Rowena Park leads the Australian Energy Regulator’s Compliance & Enforcement Branch as General Manager, focusing on making energy consumers better off. She is responsible for retail authorisations, exemptions, retail and wholesale compliance, compliance assessment and reporting and all investigations and enforcement undertaken by the AER.
Rowena has previously led enforcement teams at ASIC, focusing on financial services and credit misconduct, including as Group Senior Manager in Financial Services Enforcement. She led ASIC’s Royal Commission Litigation Program focusing on misconduct arising from the Royal Commission into Banking and Financial Services.
Rowena has also led policy development and law reform projects including ASIC’s project team for the Treasury-led ASIC Enforcement Review Taskforce. The Taskforce made a number of recommendations resulting in law reform which has enhanced ASIC’s regulatory toolkit considerably.
Rowena has 17 years’ experience in litigation, dispute resolution, regulation, compliance and enforcement both in the private and public sectors
10:30 am
Morning Tea
11:00 am
Prosecuting complex regulatory offences: The basis, the challenges, the outcomes
- Prosecution of regulatory offences can be complex, with the law capturing more criminal conduct and sentencing options expanding
- An overview of the prosecution process and challenges practitioners and regulators face in this environment
- How to address challenges in order to work towards a successful outcome, and how best to approach sentencing hearings
Simon Nicholson
Work Health & Safety Prosecutor
Office of the Work Health & Safety Prosecutor QLD
Simon Nicholson
I am Queensland’s Work Health and Safety Prosecutor, appointed to the role in October 2022. Born and raised in Hobart, where I lived until moving to Brisbane, I have a background in summary prosecution work with the DPP in Tasmania over 14 years, and was a Principal Crown Counsel prior to my appointment. My current role builds on the wealth of experience I have in prosecuting high-profile work health and safety matters, as well as acting as counsel assisting in coronial inquests and appearing in appeals to both the Supreme Court of Tasmania and High Court of Australia.
Jade Henderson
Assistant Work Health and Safety Prosecutor
Office of the Work Health and Safety Prosecutor QLD
Jade Henderson
Jade commenced her career in the private sector, working for a law firm in the areas of class actions and personal injuries. In May 2018, she commenced working in the field of regulatory prosecutions and joined the office of the Work Health and Safety Prosecutor in March 2019. Since that time, she has been responsible for managing numerous complex and high-profile prosecution matters and has progressed to the role of Acting Assistant Work Health and Safety Prosecutor, supervising a team of lawyers with carriage of work health and safety and resources safety prosecutions.
11:40 am
The regulator can no longer afford to play catch up with the regulated
- How to boost efficiency and accuracy to enhance regulatory compliance activities, using modern methodologies
- Why AI is a no-brainer for streamlining regulatory operations, aiding decision-making and enforcement
- What to think about when using machine learning to drive regulatory outcomes: risks, security, and ethics
Russell Hunter
Senior Account Manager
Comtrac
Russell Hunter
Russell Hunter, Senior Account Manager at Comtrac, is dedicated to enhancing regulatory systems for better outcomes. During his more than 15 years in public service, spanning Commonwealth, Victorian, and Tasmanian governments, he focused on animal welfare and biosecurity.
In Tasmania, Russell’s initiatives in animal welfare operations boosted consistency of outcomes, and investigation efficiency by 30%. His technical knowledge and ability to translate strategy into action influenced legislative frameworks and enhanced powers for officers.
His varied career includes international work, public service leadership, and consultancy. Russell’s commitment to innovation and excellence drives his continual quest for more effective regulatory strategies, aiming for significant, positive changes in operations.
12:10 pm
Networking Break
In this fun, interactive session, you will have the opportunity to meet fellow attendees and speakers in two minute bursts, to exchange contact information and set up conversations for the rest of the event.
12:40 pm
Lunch
1:40 pm
Building capability: Understanding the interplay between criminal & administrative law in the regulatory compliance space
- What is Administrative Law and why is a working knowledge of the subject important?
- The importance of appropriate selection criteria when hiring regulatory compliance staff
- How much training is too much? What should we expect from compliance staff?
Tim Hutchens
Assistant Director Investigations
ACT Government
Tim Hutchens
Tim is the Assistant Director (Investigations) in the Licensing and Compliance unit of Transport Canberra and City Services (TCCS). He runs a team of investigators who take charge of prolonged and protracted investigations and attend the ACT Magistrates Court and ACT Civil and Administrative Tribunal on behalf of the Government.
Over the past 26 years, Tim has spent eight and half years in the NSW Police, and five and half years as a bereted qualified member of the 2nd Commando Regiment in the Australian Defence Forces. After leaving defence he ran a private investigation business before accepting a role as Chief Inspector of the RSPCA ACT. Amongst his various qualifications, Tim holds a Master of Investigations and a Master of Laws.
2:20 pm
Breaking Silos, Bridging Borders: A National Task Force Approach
In this session, hear from fearless legend Former Detective Superintendent Deborah Wallace who has delved into the dark underbelly of crime investigating and dismantling some of the State’s most feared gangs. Throughout a stellar career spanning more than 37 years in the Force Deb commanded a range of Specialist crime squads bringing order to the wild west of 1990s Cabramatta and busting criminal bikie gangs with Strike Force Raptor. Deb will address the approach Strike Force Raptor took in relation to disrupting and disabling outlaw motorcycle gangs through legislation, regulatory compliance and traditional policing approach.In 2019 Raptor received an International Investigation Award for the best approach in tackling omcgs. Hear from Deb on her early career journey, leveraging cross-agency collaboration, how navigating bureaucracy and taking an operational focus has successfully delivered outcomes.
Deborah Wallace
Former Detective Superintendent
NSW Police Force, Recipient of Australia Day Achievement Award, the Australian Crime and Prevention Award, and the Australian Police Medal
Deborah Wallace
Superintendent Deborah Wallace rose to the top of the New South Wales Police Force with grace, humour and an iconic sense of style.
In her incredible 37 years in the Force, Deb commanded a range of specialist crime squads. Bringing order to the wild west of 1990s Cabramatta and busting criminal bikie gangs with Strike Force Raptor.
Deborah retired from the NSW Police Force in December 2019 and has been keeping very busy since. In October 2023 Deborah was appointed to the NSW State Parole Authority, bringing a wealth of experience and knowledge of law enforcement and the criminal justice system, having worked closely with an array of community groups including indigenous, migrants, culturally diverse communities, and young people.
In 2022 Series 1 of the True Crime series, ‘Million Dollar Murders’ hosted by Deborah Wallace, was launched nationally on the Nine Network. This gripping landmark series, returned with Series 2 in October 2023, as Million Dollar Murders re-examines some of the Australia’s most baffling unsolved murders.
3:00 pm
Afternoon tea
3:30 pm
Practical approaches to setting regulatory priorities & measuring success
- How do we quantify the problem?
- How do you define what success looks like in measurable terms?
- What quantifiable metrics can be used to track progress?
- How can real-time data be used effectively to reassess and adjust strategies?
Stephanie Morrow
Specialist Advisor, Compliance & Enforcement
Essential Services Commission
Stephanie Morrow
Stephanie Morrow (LLB, BCA, LLM, Grad Dip LP, LIV Accredited Specialist in Criminal Law) works at the Essential Services Commission as a Specialist Advisor in Compliance and Enforcement. She previously worked as a lawyer assisting investigators, providing legal advice, and running regulatory litigation (including prosecutions, civil penalty litigation, tribunal disciplinary hearings, injunction applications, and defending reviews of regulatory decisions) at Environment Protection Authority Victoria and Consumer Affairs Victoria. She also prosecuted commercial crime at the Office of Public Prosecutions Victoria, where informants included WorkSafe and Victoria Police. She started her legal practice at Corrs Chambers Westgarth, working on ACCC and other litigation.
4:10 pm
Closing remarks
9:00 am
Acknowledgement of Country & opening remarks
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Amiette Wakenshaw
Amiette Wakenshaw is currently the Principal Project Manager at Biodiversity Conservation and Science, a part of the NSW Department of Planning and Environment.
Amiette has 25 years practical experience in all aspects of environmental regulation– both with the NSW EPA for 21 years as an Operations Officer, Investigator and Regulatory Capability Manager and more recently three years with the Natural Resources Access Regulator and Manager Regulatory Capability.
Amiette was involved in the development and delivery of the AELERT Professional Development and Training Program, the Regulatory Officers Capabilities and the AELERT Authorised Officers Guideline.
She has a Bachelor of Science and Masters of Environmental Science, Diploma in Government (Investigations), and Certificate IV in Training and Assessment.
9:10 am
Regulatory action to support work health and safety & workers compensation in the ACT
- Exploring how targeting investigations through the use of data and intelligence can enhance regulatory action in the ACT
- Leveraging existing processes including a case management panel that provides recommendations on decisions on regulatory compliance matters for accountability, transparency and appropriate decision making
- Implementing a repeat offender program in the construction industry to focus efforts on businesses identified through data analysis to be repeatedly in breach of their duties
- Building evaluation and data gathering activities into investigation planning to better capture how our investigations are tied to regulatory impact
Jacqueline Agius
ACT Work Health and Safety Commissioner & Labour Hire Licence Commissioner
WorkSafe ACT
Jacqueline Agius
Jacqueline Agius the ACT Work Health and Safety Commissioner was appointed to this role in April
2020. Ms Agius is also the Commissioner of the Labour Hire Licencing scheme which commenced on
27 May 2021. Ms Agius is an experienced leader with extensive practice in both industrial, and work
health and safety laws.
Ms Agius is committed to improving health and safety standards in Canberra workplaces and
creating a strong safety culture in the ACT Community. She believes this is achievable with a strong
regulatory response and holding duty holders accountable for creating safe work environments.
She is passionate about achieving positive outcomes and improving the livelihood of Canberra
workers.
Ms Agius is also dedicated to addressing psychosocial hazards at local workplaces and has
established a dedicated team at WorkSafe ACT to regulate these risks.
Before being appointed as Work Health and Safety Commissioner, Ms Agius was a senior industrial
officer with the Australian Education Union, ACT Branch. She has also worked as a legal practitioner
in the ACT specialising in criminal law.
Ms Agius has been a member of the Work Health and Safety Council since 2016 and sits on the
Heads of Workplace Authorities. She has had extensive experience speaking about work health and
safety in a variety of forums. She believes that when we get work health and safety right we can
make significant improvements to workers lives.
9:50 am
Comcare’s regulatory approach to workplace psychosocial hazards
- Overview of Comcare’s regulatory approach to psychosocial risks including its innovative proactive program
- Utilising a range of regulatory practices to raise awareness and drive behavioural change
- Benefits of a systems-based approach to assess and mitigate psychosocial risk
Justin Napier
General Manager, Regulatory Operations
Comcare
Justin Napier
Justin Napier joined Comcare in June 2015. He has oversight of Comcare’s inspectorate function, regulatory policy, WHS system audits, WHS authorisations, regulatory intelligence and regulatory education and stakeholder engagement.
Prior to joining Comcare, Justin was General Manager Corporate and Operations at the Australian Skills Quality Authority (ASQA) and an Executive member of the Establishment Taskforce responsible for implementation of the Fair Work Act, including the establishment of Fair Work Australia and the Fair Work Ombudsman.
Justin holds a Graduate Diploma in Business Administration, a Bachelor of Arts and is an alumnus of the Kennedy School of Government at Harvard University.
10:30 am
Morning Tea
11:00 am
THE GREAT REGULATORY DEBATE: Prosecution is the most effective regulatory tool
Delve into the merits, implications, and real-world outcomes of using prosecution as a primary means of regulation, and explore alternative methods and their potential efficacy. Attendees will gain insights into the contrasting viewpoints and will be able to participate in the session, through comments, questions and voting to decide the winner
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Amiette Wakenshaw
Amiette Wakenshaw is currently the Principal Project Manager at Biodiversity Conservation and Science, a part of the NSW Department of Planning and Environment.
Amiette has 25 years practical experience in all aspects of environmental regulation– both with the NSW EPA for 21 years as an Operations Officer, Investigator and Regulatory Capability Manager and more recently three years with the Natural Resources Access Regulator and Manager Regulatory Capability.
Amiette was involved in the development and delivery of the AELERT Professional Development and Training Program, the Regulatory Officers Capabilities and the AELERT Authorised Officers Guideline.
She has a Bachelor of Science and Masters of Environmental Science, Diploma in Government (Investigations), and Certificate IV in Training and Assessment.
Rowena Park
General Manager, Compliance and Enforcement
Australian Energy Regulator
Rowena Park
Rowena Park leads the Australian Energy Regulator’s Compliance & Enforcement Branch as General Manager, focusing on making energy consumers better off. She is responsible for retail authorisations, exemptions, retail and wholesale compliance, compliance assessment and reporting and all investigations and enforcement undertaken by the AER.
Rowena has previously led enforcement teams at ASIC, focusing on financial services and credit misconduct, including as Group Senior Manager in Financial Services Enforcement. She led ASIC’s Royal Commission Litigation Program focusing on misconduct arising from the Royal Commission into Banking and Financial Services.
Rowena has also led policy development and law reform projects including ASIC’s project team for the Treasury-led ASIC Enforcement Review Taskforce. The Taskforce made a number of recommendations resulting in law reform which has enhanced ASIC’s regulatory toolkit considerably.
Rowena has 17 years’ experience in litigation, dispute resolution, regulation, compliance and enforcement both in the private and public sectors
Belinda Hughes
Director of Prosecutions
National Heavy Vehicle Regulator
Belinda Hughes
12:00 pm
Lunch
1:00 pm
Effectively leverage media to share investigative outcomes for general deterrence
- Explore how a single prosecution can serve as a powerful catalyst for behaviour change
- Unpacking the importance of transparent communication in sharing investigations and their outcomes
- Ensuring the use of simple language and avoiding legal jargon or
- Delivering case learnings in a practical format using simple language that can
Belinda Hughes
Director of Prosecutions
National Heavy Vehicle Regulator
Belinda Hughes
1:40 pm
Exploring the role of strategic communications to support your regulatory objectives
- Can you have customers and regulate at the same time?
- Building and maintaining trust through successful compliance campaigns
- Measuring the success of your communications campaigns
- How do you maximise the action taken so you deter others?
Cathy Heycock
Director of Public Affairs
EPA Victoria
Cathy Heycock
Cathy Heycock is passionate about people and storytelling, with a career focused on using communications, marketing, media and digital channels to raise the profile of each organisation and raise awareness of their work and dedicated staff. Currently Director Public Affairs at Environment Protection Authority Victoria, she has had previous roles at an English language newspaper in Indonesia, Leader Newspapers, Victoria Police, Royal Childrens Hospital, a mental health charity and in the Victorian Public Service.
2:20 pm
Afternoon tea
2:50 pm
Exploring how the Department for Environment and Water (SA) is managing their development, authorisations & modular training using technology and online platforms
- The Act’s of legislation and nuances around the powers of our Authorised Officers (AO)
- The Training we provide encompasses empowerment of target learners and modular paced training
- The new AO training repository and system for managing instruments of appointment
Victor Gaffney
Senior Investigator and Compliance Officer
Department for Environment and Water SA
Victor Gaffney
With over 30 years’ experience within investigations, regulation & compliance. He has served as a major crime detective in the UK and within South Australia Police. Vic has worked in the Environment Protection Authority, and he implemented the first Authorised Officer Training Reform Project and delivered the course content. He moved to DEW as the Team Leader Investigations, implementing investigational process and reform. As State Manager Investigations and Compliance, Primary Industries he delivered on a new ‘Zero Tolerance’ approach for possession of ‘Fruit Fly’ host material. As Adelaide Registrar with Courts SA, championed the new Electronic Court Management System before returning to investigations.
Vic is a specialist investigative interviewer, both witnesses and suspects.
3:30 pm
Lessons learnt from investigations
Public sector regulators are expected to meet high standards in regard to service, effectiveness, integrity and accountability. Agencies and individuals can sometimes fail to meet those standards. Part of the investigation process is a debrief or at least a personal reflection on the work.
Through her years of investigation and brief checking Amiette has identified some key lessons learnt. These lessons will be common for all regulators and include things such as:
- Use (or abuse) of powers
- Interviewing
- Record keeping and
- Service of documents
Amiette Wakenshaw
Principal Project Manager, Biodiversity Conservation & Science
Department of Planning & Environment NSW
Amiette Wakenshaw
Amiette Wakenshaw is currently the Principal Project Manager at Biodiversity Conservation and Science, a part of the NSW Department of Planning and Environment.
Amiette has 25 years practical experience in all aspects of environmental regulation– both with the NSW EPA for 21 years as an Operations Officer, Investigator and Regulatory Capability Manager and more recently three years with the Natural Resources Access Regulator and Manager Regulatory Capability.
Amiette was involved in the development and delivery of the AELERT Professional Development and Training Program, the Regulatory Officers Capabilities and the AELERT Authorised Officers Guideline.
She has a Bachelor of Science and Masters of Environmental Science, Diploma in Government (Investigations), and Certificate IV in Training and Assessment.
4:10 pm
Closing Remarks & Close of Conference
Location
28-29 May 2024
09:00 am - 04:10 pm
Venue
Ngunnawal Country | Canberra
Canberra Rex Hotel
Level 6/150 Northbourne Ave, Braddon ACT 2612
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What our delegates say
The Hatchery is excellent in bringing together current operations and procedures for reflection. I can now review the organisation’s approach to remain relevant and justify enhancement from lessons learnt from similar interstate or federal organisations”
Maritime Senior Investigator
Commercial Passenger Vehicles Victoria, May 2023,
Great opportunity to hear from other regulatory sectors & organisations how they are administering and operationalising their compliance function/regulatory roles.”
Senior Analyst
Ministry for the Environment New Zealand, May 2023
The Summit showcased innovative application of enforcement tools by a range of engaging presenters.”
Inspector
Office of the Gene Technology Regulator, May 2023
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