Appeal process

Operating procedures

When a provisional final IRA report is issued by Biosecurity Australia, the IRAAP secretariat will inform the chair of the Biosecurity Advisory Council (BAC), confirm his or her availability to chair an IRAAP should one be required, seek information on any potential conflict of interest and provide advice on the IRAAP process.

If one or more appeals are received by the closing date, the chair of the IRAAP will consider the appeals received and in each case decide whether the statement of reasons provides evidence warranting consideration by an IRAAP.

The secretariat will advise the appellant(s) and the Chief Executive of Biosecurity Australia of the chair's decision on whether the appeal(s) warrant consideration by an IRAAP. Biosecurity Australia will inform registered stakeholders of the chair's decision.
An IRAAP will consider the appeal(s) and deliver a finding or series of findings in relation to each appeal.  The IRAAP's findings will fall into one or more of the following categories:

  • outside the ground for appeal
  • allowed
  • disallowed.

An IRAAP will not consider verbal submissions from appellants unless they are determined by an IRAAP to be necessary to supplement an appellant's written submission.

An appeal outcome requires majority support.

An IRAAP will report its findings to the appellant(s) and the Director of Animal and Plant Quarantine within 45 days of the closing date for appeals.

If an appeal is allowed, the IRAAP may offer advice to the Chief Executive of Biosecurity Australia on ways to overcome any identified deficiencies.

Ground for appeal

Appeals to the Import Risk Analysis Appeals Panel (IRAAP) must outline a claim or claims based on the following ground:

  • there was a significant deviation from the regulated IRA process (as outlined in the IRA Handbook 2007 (update 2009)) that adversely affected the interests of a stakeholder.

The IRAAP does not consider matters relating to:

  • the scientific merits of the IRA
  • the merits of the recommendations made or the conclusions reached by Biosecurity Australia or the Eminent Scientists Group.

Import Risk Analysis Appeals Panel (IRAAP) secretariat  

An IRAAP secretariat administers the appeal process. The secretariat is based within the department, separate to Biosecurity Australia. In addition to administrative tasks, the secretariat may undertake research or provide advice at the request of the IRAAP chair or members.

Lodging an appeal

Stakeholders have 30 days from the publication of the provisional final import risk analysis report to lodge an appeal. Appeals must be in writing and be addressed to the Import Risk Analysis Appeals Panel secretariat as follows:

Secretariat
Import Risk Analysis Appeals Panel
Corporate Policy Division
Department of Agriculture, Fisheries and Forestry
GPO Box 858
CANBERRA ACT 2601

Email: IRAAP Secretariat