NSW Government Boards and Committees Register
Chair of Share Management Fisheries Appeal Panel
The Department of Primary Industries is seeking an independent Chairperson for the Share Management Fisheries Appeal Panel (Share Appeal Panel).
The Share Appeal Panel is being established under section 82 of the Fisheries Management Act 1994, to consider any appeals lodged by commercial fisheries shareholders against the Minister’s determination of the number of quota shares of that class issued to the person.
The creation and issue of the new quota shares was provided for by the:
- Fisheries Management (Estuary General Share Management Plan) Regulation 2006
- Fisheries Management (Ocean Hauling Share Management Plan) Regulation 2006
- Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006
- Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006.
The Minister issued the new quota shares on 23 October 2018 to eligible shareholders in these four fisheries, under the relevant Share Management Plan for each fishery.
The Share Appeal Panel will consist of:
- a Chairperson appointed by the Minister, who is neither engaged in the administration of the Fisheries Management Act 1994 nor in commercial fishing
- the Secretary of the Department of Industry or nominee
- a person with extensive practical experience in the commercial fishing industry, appointed by the Minister on the nomination of such relevant commercial fishing industry bodies as the Minister determines.
Applications for share appeals closed on Wed 28 November 2018. Applications were received from 27 shareholders (some of whom lodged appeals for more than one class of shares), however a small number of these were incomplete.
The Panel may, for the purpose of any appeal, exercise the functions of the Minister in determining the number of shares issued. The Panel may uphold or vary the Minister’s decision, or set the decision aside and substitute a new decision.
The Panel will, subject to the Act and Regulations, determine its own procedures for hearing appeals. The timing and workload of the Panel will be negotiated with the successful Chair and members, but has been estimated at approximately 2 days per week for 3 months from March 2019. The process will need to continue until all appeals are either resolved or withdrawn.
The Share Appeal Panel has been classified as a category D committee by the Public Service Commissioner. This means the Chairperson will receive sitting fees up to acting judicial rates (if they are a legal member), or otherwise $1000 per day.
Applicants for the role of Chairperson should demonstrate:
- independence from DPI and the commercial fishing industry
- a strong track record of senior leadership in the judicial sector or public administration
- significant experience leading independent, objective and transparent judicial, regulatory, investigative or review processes
- ability to absorb and summarise complex information and arguments
- high-level judgement and reasoning skills
- the capacity to understand and manage conflicts of interest
- commitment to high standards of governance and maintenance of the integrity and confidentiality of the share appeal process
- ability to organise time effectively and keep processes on track to ensure timely resolution of share appeals.
How To Apply
Expressions of Interest (EOIs) for the role of Chairperson of the Share Appeal Panel should be submitted by email to Senior Fisheries Manager Darren Hale by COB Friday 25 January 2019.
EOIs should address the selection criteria and should not exceed two pages. Please also attach a copy of your CV.