In general, the decision to investigate or not, the relevant

ANAO Report No.3 2015–16 Regulation of Great Barrier Reef Marine Park Permits and Approvals 118

7.27 Investigations that did not proceed directly to an enforcement response

commonly involved a number of considerations and actions that, in general, supported the enforcement action pursued including contactinterviews with persons of interest andor witnesses, substantiation of the offences’ location and preparation of briefs of evidence for matters that were lodged with the CDPP with a view to prosecution. However, evidence has not been retained to demonstrate that the compliance history of persons of interest andor permit holders were considered in nearly three-quarters of permit-related non-compliance investigations although GBRMPA informed the ANAO that compliance histories are regularly considered during investigations. 135 The failure to consider compliance history has implications for an investigation’s outcome, as it can be considered an aggravating or mitigating factor in determining appropriate enforcement action. In a separate investigation, GBRMPA did not inform the CDPP that an offender being prosecuted had been issued with an advisory letter for similar conduct in the past, which GBRMPA noted could have been raised during the offender’s sentencing. Investigation timeframes

7.28 Investigations should be undertaken in a timely manner to ensure that

any non-compliant behaviour is addressed promptly and any adverse impacts arising from the non-compliance are minimised. Further, the application of statutes of limitation to some enforcement remedies such as infringement notices that must be issued within 12 months of the non-compliance occurring increases the importance of conducting timely investigations. Taking these considerations into account, setting target timeframes for the completion of investigations helps regulators to monitor the performance of investigating activities. The FMCU is, however, yet to establish target timeframes for the conduct of investigations and, while the status of all open investigations is reviewed weekly and included in management reports prepared monthly, the FMCU does not monitor the overall timeliness of its investigations. The establishment of target timeframes for completing investigations and taking enforcement action would better position GBRMPA to more effectively monitor the performance of its investigations function. 135 In 22 cases 37.3 per cent, the persons of interestpermit holders had either a fair or poor compliance history.