Legal Practice and Policy Working Group

Legal hammer pubdomChair: Amanda Allan, NSW EPA

Steering Committee Sponsor: Monica Collins, Commonwealth

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Legal Practice and Policy Collaboration Page

The Legal Practice and Policy Working Group brings together legal and policy practitioners, including legal and para-legal officers, legal coordination officers, and policy officers working in legislative reform. The Group’s key focus is on networking, sharing information and collaborating on projects that will help build a repository of shared corporate knowledge on environmental legal issues, and help facilitate better environmental, community and legislative reform outcomes.

Focus Area:

Recovering the economic benefit from environmental crime.

Jurisdictions have individually been working in this space for some time. If after a penalty is paid an offender still profits by noncompliance there is little incentive to comply. The removal of monetary benefit from offenders will ensure offenders are properly penalised, deter future noncompliance and level the playing field for compliant operators who are currently disadvantaged by investing in compliant operation while non-compliant competitors obtain an economic advantage over their competitors.

Since 2011 the Legal Practice and Policy Working Group has been the vehicle for collaboration and the evolution of a monetary benefit toolkit (MBTK) which supports the NEAT model (Non-compliance, economic assessment tool) that Vic EPA has developed. The purpose of the model is to provide an independent analytical tool to assist agencies to quantify the economic benefit that may accrue to a business from delayed or avoided compliance with environmental laws. The use of the model has obvious benefits in Court room sentencing and the Group is further examining additional ‘non-courtroom’ uses for the model.