Community Support for L.E.Giles & Sons Inc.
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Petition Background

Provided in the paragraphs below is background information in relation to the petition listed on the HOME PAGE. To comprehensively understand why this petition was created, we have provided information in relation to this - also see the link below for further details. http://www.keepandshare.com/doc/6674134/petition-background-final-pdf-381k?da=y

CLICK HERE TO SIGN THE PETITION: http://www.keepandshare.com/doc/6588975/to-the-legislative-assembly-of-victoria-f-pdf-205k?da=y


DOMO’S YABBIES

I'm Trevor Domaschenz a yabby farmer with 23 years experience from far Western Victoria. I want an inquiry that leads to a "How to Help not destroy" small business guide for Regulators.


In 2003 63 licensed Victorian’s farming families grew yabbies for human consumption, with 150 additional farming families attached to their quality program, without any reported food safety incidents ever. In 2004 PrimeSafe took over the industry and instantly after introducing ridiculous rules 60 licenses were abandoned leaving only 3.


PrimeSafe shut down an industry by introducing ridiculous rules with their staff making the new regulations never having any experience on a yabby farm. They knew nothing about the production process, how yabby biology assures food safety and the research already available. Rather than work collaboratively with growers, as per the PrimeSafe Operating Charter, they drove an industry into the ground. A safe, sustainable, environmentally friendly industry lost through government inability.


Eight  years on, with every last yabby farming family gone, I  attempted to obtain a license. Rather than support me, PrimeSafe changed rules, denied me my rights under their Operating Charter to address concerns and instead forced me to VCAT & continued to change regulations to suit their legal case while at VCAT, rather than acknowledge industry best practice.


Two years on I won my case unrepresented against their best lawyers as did Stephen Chara another yabby farmer. But my industry remains decimated. Equally safe yabbies from NSW, WA and SA flood our markets, unregulated and unburdened by PrimeSafe.


I want an inquiry on behalf of my industry. 

  • Why were 213 farming families  ignored?
  • Why were staff allowed to work in isolation from industry?
  • Why ten years on am I the only grower left?
  • Why can PrimeSafe continue to ignore its own documented principles of operation?
  • How can they continue to shift the goals without any staff training, expertise or willingness to acknowledge best practice?
  • How can a statutory authority continue to hide behind claims of a ‘drought’ a natural cycle, when in fact PrimeSafe are singularly responsible for the loss of this natural industry?
  • What role has DEPI & Fisheries played in this debacle?
  • Fisheries an arm of DEPI ,has now hit us for another $500 a year for a service they have never provided & don't need to,where will it end?

Please sign this petition to create a better rural Victoria


Trevor Domaschenz
Acting President Victorian Yabby Growers Association.


OTWAY YABBIES

Otway Yabbies established its aquaculture business in 2004. Its aim was to grow and harvest yabbies in an unpolluted environment. We obtained brood stock from the CSIRO which were bred for growth performance and meat yield. It was now time for Otway Yabbies to begin selling for human consumption but it could only do it profitably if it could compete with the cheaper interstate wild caught yabby.

PrimeSafe was the main obstacle since its standalone attitude towards yabby licensing put us at a disadvantage with the other states operating under the same National Food Code. PrimeSafe rejected our license application twice and twice we took them to VCAT and won. PrimeSafe had no science to support their licensing requirements. Our license applications on both occasions were rejected falsely.

Bureaucrats must be made accountable if they impose reckless conditions upon small businesses.

  
L.E.GILES & SONS ABATTOIR

L.E. Giles & Sons abattoir were contacted by PrimeSafe on the evening of Thursday 24 November 2011 and advised to cease operations until further notice, management was asked to attend PrimeSafe’s offices in Melbourne on Monday 28 November 2011 in relation to an allegation of animal cruelty.

However, on the morning of Friday 25 November 2011 PrimeSafe contacted L.E. Giles & Sons again and advised that Management needed to attend the PrimeSafe Office that day. Management arrived at PrimeSafe office in Melbourne on that Friday afternoon and was told by the CEO of PrimeSafe that if they surrendered their licence, PrimeSafe would take no further action against the licensee.


The Inquiry into the Impact of Food Safety Regulation on Farms and Other Businesses Final Report stated “Mr. Casey believes that he had explained the show cause process to Mr. Colin Giles. However, considering s 22 (3) of the Meat Industry Act 1993 may be difficult for a member of the public without experience in legislation to understand...”(Victoria, Parliament. Rural and Regional Committee, 2013, p.89).

“In light of these concerns expressed to the Committee it is important that regulators not only have proper processes in place to deal with non-compliance but that these are implemented in a transparent way ” (Victoria, Parliament. Rural and Regional Committee, 2013, p.89). With all of the above directions given verbally, no written notifications were ever received.

By 5:47pm that same day the Herald Sun posted an article on its website. With PrimeSafe Chief Executive Officer - Brian Casey advising the Herald Sun it was his intention to close the abattoir permanently (Mickelburough, P., 2011). “I am appalled by the treatment of animals shown in the video footage” (Mickelburough, P., 2011, p.1). “I have advised the abattoir owners that it is my intention, immediately the investigation is concluded, to take action with a view to cancelling their PrimeSafe licence”(Mickelburough, P., 2011, p.1). These two statements were portrayed in the media over the following days, persecuting the small business in the media arena before an investigation had even commenced.

On Tuesday 29 th November 2011 Raymond Giles sent a fax to PrimeSafe’s Chief Executive Brian Casey stating “Due to unforeseen circumstances and upon advice given to me by Brendan Ryan and Brian Casey I Raymond Giles feel that I have no other choice but to surrender the [licence].” Later that day PrimeSafe’s Operations Manager Brendan Ryan told the Giles abattoir that the “request to surrender” was unacceptable and must be resubmitted. Raymond Giles then sent a second fax to PrimeSafe’s Chief Executive Brian Casey stating “I Raymond Giles wish to surrender the [licence].”

PrimeSafe’s CEO advised Josie Taylor on 7.30 Victoria report “The immediate action we took, was to preclude them from processing, pending an investigation.”
Mr Brian Casey also informed the Weekly Times that “The fact that they were not given a second chance was precluded because they elected to cancel their licence”(Goswell, G., 2011, p.1).

In April 2012, following an investigation into allegations of animal cruelty the Department of Environment and Primary Industries (DEPI) filed charges against Management of the L.E.Giles & Sons Abattoir under the Prevention of Cruelty to Animals Act 1996.

A hearing at the Latrobe Valley Magistrates Court was scheduled to commence on Monday 15/04/2012, but instead the DEPI withdrew the charges. The Department issued a statement “The department thoroughly investigates any allegation of cruelty and when circumstances are warranted, prosecute those involved” (Nelson,L. & Charalambous, S., 2013, p.1).

REFERENCES:

Goswell,G. (2011, December, 07). After Indonesia, abattoir cruelty hits home. ABC NEWS, 2:43PM.

Mickelburough, P. (2011, November 25). Gippsland abattoir shut amid animal cruelty claims. Herald Sun, 6:38PM.

Nelson, L. & Charalambous, S. (2013, April, 04). Cruelty charges dropped. Latrobe Valley Express, 12:00AM.

Victoria, Parliament. Rural and Regional Committee. (2013). Final Report: Inquiry into the Impact of Food Safety Regulation on Farms and Other Businesses. Victoria, Australia: Tenderprint Australia Pty. Ltd. Parliamentary Paper No. 223 Session, 2010–13.



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