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Government correspondence

On this page is VALE's correspondence to and from the Australian Government Department of Agriculture and Water Resources.
What is happening to the MV Dareen: April 2022
25th April NO RESPONSE FROM DAWE

14th April 8:02 am WST VALE to Joffrid Mackett. Still no answer to the question.

Email: "6 days and 5 emails later, VALE has still not had a straight answer to the question posed on Friday 8th April:Were there cattle on the MV Dareen when it left Qinhuangdao Port for Shanghai Port?
Could you please provide an answer to this question."

13th April 11:33 am WST VALE to Joffrid Mackett requesting clarification as to which port he was referring.
Thank you for that information. I assume you are referring to the port of Qinhuandao and not the port Shanghai ie that the cattle consignment was discharged at Qinhuangdao?

13th April 11:29 am WST Joffrid Mackett to VALE seemingly after complaint to Inspector General
I can confirm the consignment was discharged at the port.

13th April 10:13 WST From VALE to Inspector General
Letter of complaint about lack of Dept transparency.

13th April 10:03 WST From VALE to Joffrid Mackett and Animal Welfare
Thank you for your email. It is encouraging that the department has no animal health or welfare concerns with this consignment but I would also note that the Department is not always privy to conditions on board live export ships - as per the Awassi Express experience and the subsequent installation of Independent Observers onboard livestock vessels, a practice that was halted with the pandemic and has not been resumed.

As such, and as per my request, could you please confirm whether there were cattle on this ship when it left Qinhuangdao?

13th April 9:34 WST from Joffrid Mackett to VALE, excluding Inspector General, avoiding the question
Thank you for your email.
 The department monitors the progress of consignments of livestock exported by sea.  For voyages such as the one you have enquired about, exporters must ensure a daily report on the health and welfare of the livestock and conditions on board is provided to the department.  These reports are monitored by LAE Branch officers and where concerns or issues are identified the department takes appropriate action.  In addition, exporters must notify the department within 12 hours of a notifiable incident occurring.  Such notifiable incidents include vessels that are having or are likely to have a shortage of feed.
 I can confirm that the department had no animal health or welfare concerns with this consignment.

13th April 8:34 WST to Tina Hutchison and Animal Welfare Inbox, cc Inspector General
There has been no response to VALE’s email from 8 April 2022. 
VALE note as of this morning that the MV Dareen is now moored in Shanghai but, if satellite information correct, alongside another another ship ie would not be able to unload cattle (but could perhaps take on food). Lack of priority berthing has been noted in previous IO reports of Australian livestock voyages to China and is a recurrent theme in the NZ live export trade using the same ships on the same routes (as per recent documents obtained under FOI - see below). 
Would you be able to update us as to the status of this ship - loaded vs empty. 

8th April 12:11 WST to Animal Welfare Section and Tina Hutchison
VALE has noted that the MV Dareen, which left Portland on 11 March 2022 is now sitting at anchorage in Shanghai port after spending some days at Qinhuangdao Anchorage and Port between 27 Mar and 2 April 2022.
Unless all the Portland cattle were unloaded at Qinhuangdao (unlikely if it then proceeded to Shanghai), there will be cattle onboard this ship, 28-30 days after being loaded at Portland (approximately 2 days of loading time). As you would  know Shanghai is under very strict Covid lockdown measures. This is reflected in the unprecedented number of ships in Shanghai Anchorage, unable to enter port to be loaded/unloaded.
VALE has no information about how many days of extra provisions are on board the MV Dareen but 28-30 days would likely exceed the usual ASEL requirements of 3 days over the predicted time for China voyages. VALE also does not know if there is the possibility of loading extra fodder at Qinhuangdao but from analysis of China voyages (Hing et al 2021), it is evident that this would not be routine so it follows that it is likely unfeasible.
Could the Department please confirm the status of this ship - loaded with cattle vs empty-  and inform VALE of what measures are in place to ensure that any cattle on this vessel have adequate food and water provisions necessary for the remaining number of days until unloading
_____________
Dept strings VALE out on an FOI request: May to August 2020
4 August 2020: FOI request finally accepted. Yep....exporters can have an exemption to a Govt order overturned in under a week but it takes VALE, 2 requests, 6 revisions and 3 months to request documents that we should be able to access in a democracy. Now lets wait and see how much it is redacted
30 July 2020: Revision No 6
foi_vale_revised_2020.07.30.pdf
File Size: 172 kb
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30 July 2020: still no luck - DEPT to VALE
Thank you for your revised FOI request. We wish to clarify that the attachments are part of the final draft report and not the first draft report. Accordingly, excluding the attachments from the first draft report will not alter the documents within the scope of your request. On this basis, do you wish to exclude the attachments from the final draft report?
We note that today is the last day of the consultation period. However, the department would be open to extending the consultation period if you consider it is necessary. If you wish to extend the consultation period, please let us know today.
28 July 2020: we try yet again - VALE to Dept:
It is difficult to understand how an attachment to the first draft could be so large when we have excluded photographs and videos from our request. However, as per your advice, please see the 5th revision of our request (attached) excluding the attachment.
foi_vale_revised_2020.07.23.pdf
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22 July 2020: still no luck
Thank you for your revised Freedom of Information (FOI) request. We have made some further enquires, and your revised request is likely to still be too big for the department to process. This is largely due to the size of the attachment to the report and the number of third parties the department would need to consult.
If you were to revise your FOI request to exclude the attachment to the report then this may help us to process the request....
18 July 2020: we try again
Dear FOI Team, In response to your advice (LEX-4467-24AA) that our current FOI request will be refused unless revised, VALE has revised the request, scaling it back to the bare miminum (see attached)....
foi_vale_revised_2020.07.18.pdf
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16 July 2020: Advised request too large again
lex-4467_-_24aa_notice.pdf
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29 June 2020: FOI request resubmitted by VALE removing one voyage
vale_foi_request_29.06.20.pdf
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18 June 2020: FOI request refused after revision
lex-4226_-_decision_-_signed.pdf
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29 May 2020: refusal with offer for a scaled request:
lex-4226_consultation_notice.pdf
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18 May 2020: requested two voyages with IO reports that appeared to have Dept sanitisation
foi_two_voyages_vale_may_2020.pdf
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17 June 2020: VALE follows up request and get a response:

VALE has not received your reply despite the assurance below. It may interest you that despite the intense spotlight and public interest, there were certainly sheep on the trucks going to Fremantle Port yesterday that had wool length >20mm (http://www.vale.org.au/blog/good-to-see-conditions-being-observed). 

In addition to observing sheep with >20mm wool length, I observed the excellent body condition of the majority of the sheep. Prolonged feedlotting is likely to reduce inanition/salmonellosis but the flipside is that A class wethers are often the highest risk sheep during a heat stress event due to their fat cover. 

The combination of greater wool length than the original shipment due to 2 week loading delay (ie wool continues to grow so this would be abnormally long for any routine shipment at loading), sheep with >20mm wool length, A class wethers and a Govt acknowledged high risk time of year makes it imperative that VALE’s request for an independent observer and publicly available CCTV footage is granted.
letter_from_deputy_secretary_david_hazlehurst.pdf
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13 June 2020: VALE requests Dept apply conditions to their Al Kuwait decision
vale_letter_to_dept_secretary_13_june_2020.pdf
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5 March 2020: Dept replies taking umbrage at the suggestion of IO report sanitisation!

Thank you for your email. We are aware of the issues with the vessels as identified by the independent observers, and work closely with AMSA on matters that cross over into their responsibilities. The department is analysing the information obtained through IO reports, as you suggest. I would note that I don't agree with your characterisation that IO reports are sanitised.

The department is continuing to work on the IO program, including consistency of information capture and reporting, with temperature recording and reporting being an example of one area of focus. Thank you for your suggested approach to managing issues such as ventilation, hot spots and drainage - there are a number of ways we follow up on these issues; directly with specific exporters, generally with all exporters and with AMSA and vessel operators. There are multiple ways some of these issues can be addressed, and the department follows up with targeted observations to review any strategies put in place.

As I mentioned, we continue to work on both the program and our reporting on the program, and will continue to utilise the information gained from IO observations in policy review and development of standards for the regulation of the industry.
4 March 2020: VALE raises concerns about repetitive issues on voyages

Analysing the Independent Observer (IO) reports closely, it is very obvious that particular vessels, or particular areas in certain vessels have issues that are noted repetitively. For example, MV Yangtze Fortune has had repeated reports of water infrastructure issues such as clip on domestic hose fittings dislodging or breaking with leaks, flooding and lack of water delivery in addition to troughs being easily displaced due to shape with the issue resulting in food and/or water deprivation and spillage. MV Ocean Drover has some drainage issues and has had these historically also. MV Gloucester Express has had exhaust fumes noted in some areas. MV Al Shuwaikh has significant heat issues in selected parts of the vessel as do many other vessels, usually in the areas closest to the engine room (eg  Decks 4 and 5 on MV Greyman Express and Deck 4 on the MV Rahmeh (renamed Gulf LIvestock 1)). In addition, other management issues sometimes get reported repeatedly eg pilot sheep on the MV Maysora reported on a number of occasions to be deprived of food and water.

VALE could compile a list of these repetitive issues from the IO reports 2018 and 2019 but as you know, the IO reports available in the public domain are summarised, sanitised and variable in quality and quantity of data provided (eg even basic information such as maximum and minimum dry bulb temperature (DBT) are not routinely provided and maximum wet bulb temperature rarely; 11/35 available IO summaries for voyages to China have no maximum DBT or humidity provided and 21/35 have no minimum DBT provided - an issue for northern winter Chine voyages).  Any compilation we did would thus be incomplete and would fail to capture all available data. The Dept is far better placed to accurately analyse which decks or pens are an issue for each ship and also which ships are repetitively problematic. The fact that some stand out even on the scarce data available eg the MV Yangtze Fortune is concerning and we believe all IO reports (original reports and summaries) from this vessel should be immediately analysed and forwarded to AMSA for assessment.

Until such time as a full audit is available, could we suggest that load plans are altered to avoid placing animals in any IO-documented areas of increased heat and humidity, poor ventilation or poor drainage for each vessel? This information should also be included as part of the routine HSRA and load planning for each vessel.

23 August 2018: VALE's offer to government rejected.
hon_littleproud_to_vale.pdf
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11 April 2018: Letter to Minister David Littleproud re our offer of scientific veterinary assistance.
vale_hon_d_littleproud_18.4.11.pdf
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3 April 2018: Letter to CVO Mark Schipp re Department heat stress thresholds not being supported by scientific and field data.
vale_to_dr_mark_schipp.pdf
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5 February 2018: Letter to Mark Schipp re incorrect figures in high mortality voyage report. The investigation report was re-written to reflect correct figures but the figures were not changed in the Parliamentary report. Also below is the letter from Narelle Clegg that prompted our response.
20180205_vale_to_mark_schipp.pdf
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20180104_clegg_to_vale.pdf
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7 February 2018: More FOI docs obtained after querying their withholding.
foi2017.18-10_-_doc_3_-_report_day_2_redacted.pdf
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foi2017.18-10_-_doc_5_-_report_day_3_redacted.pdf
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6 December 2017: Letter to the department seeking review of the decision to withhold two crucial reports under FOI.
vale_foi_december_2017.pdf
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23 November 2017: Response from the department re FOI request.
foi_access_decision.pdf
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23 October2017: Letter to Mark Schipp (DAFF) highlighting concerns about discrepancies in high mortality voyage report.
20171023_vale_letter_to_dr_mark_schipp.pdf
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Freedom of Information request regarding the July 2016 voyage of Emanuel Exports Pty Ltd with 4.35% sheep mortality (3027 deaths).
20170517_foi_request_high_mortality_voyage_.pdf
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14 August 2014: Letter to DAFF and analysis of information in the public domain re High Mortality Voyage 46 (MV Bader III) in September 2013
140814_letter_to_dr_mark_schipp.pdf
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vale_analysis_of_voyage_46_14.8.13.pdf
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Response from DAFF
140814_response_to_vale_letter_of_14_aug_14.pdf
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14 December 2014: Follow-up letter to Dr Schipp with Addendum to initial analysis
141214_letter_to_dr_mark_schipp_14_december_2014.pdf
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141214_vale_addendum_voyage.pdf
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Subsequent email trail between VALE and Dr Schipp
Summary: no response despite two requests; still nothing as at 14 April 2015
email_trail_to_mark_schipp.pdf
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12 May 2015: Response from Dr Schipp
150512_response_from_dr_schipp.pdf
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13 December 2013: Letter to DAFF requesting a "show cause notice" after LSS breaches. Still no response.
131213_paul_grimes.pdf
File Size: 256 kb
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24 December 2014: Letter from Phillip Glyde on behalf of Dr Grimes
131224_glyde_letter_to_vale.pdf
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Minster for Agriculture acknowledges that he is aware of the evidence presented in a Federal Court to demonstrate routine overstocking on LE voyages.
22 January 2014: House of Representatives question for the Minister for Agriculture
140122_questions_to_mr_joyce.pdf
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A sequence of letters and correspondence to and from DAFF regarding the substitution of vets for accredited stockpersons on live export voyages and contravention of ASEL requirements for such. It's taken 12 months to get the admission that it happens – now to see why the exporters weren't penalised for breaking the law.

(Reverse chronological order)
16 April 2014
From: Tim Naylor
Re: Further questions re lack of accredited stockperson, Port Kembla to Madagascar voyage

Possibly qualifies as a response ... though a blank piece of paper would serve equally well.

140416_daff_response.png
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17 March 2014
To: Jenny Cupit
Re: Further questions re lack of accredited stockperson,
Port Kembla to Madagascar voyages
140317_stockperson_substitution.pdf
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3 March 2014
From: Jenny Cupit (DAFF)
Re: Further questions: Port Kembla to Madagascar voyage

DAFF explain their penalties are "outcome based" ie no penalty applied for breaking the law if no adverse outcome. Interesting. Would like to try that argument on a random breath test: "Yes officer Im drunk but I never caused a crash so you cant prosecute"!!!! And anyhow, when has a high mortality voyage NOT been an adverse outcome?
140303_stockperson_substitution.pdf
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1 February 2014
To: Rebecca Irwin (DAFF)
Re: Further questions: Port Kembla to Madagascar voyage

DAFF's misinformation about their licensing of the relevant exporter is pointed out and based on this, DAFF asked to explain the lack of penalties

140201_stockperson_substitution.pdf
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12 December 2013
To: VALE
From: Rebecca Irwin (DAFF)

An admission from DAFF that there had been voyages without stockpersons with reasons as to why no penalties applied: exporter no longer holds a licence (WRONG).

Still no answer to our original question though!
131212_stockperson_substitution.pdf
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24 April 2013
To: Jonathan Benyei (DAFF)
Re: Substitution of vets for accredited stockpersons on live export voyages

We ask again “How many occasions have exporters been allowed by your
department to waive the requirement for a stockperson to be on board a live
export ship, and on what legal basis has that waiver has been granted?”

We provide examples of suspected or known voyages that proceeded without a stockperson as requested by DAFF.
130424_third_vale_letter.pdf
File Size: 217 kb
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28 March 2013
To: VALE
From: Jonathan Benyei (DAFF)
130328_second_daff_response.pdf
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5 February 2013
To: Rebecca Irwin (DAFF)
Re: Substitution of vets for accredited stockpersons on live export voyages
130205_second_vale_letter.pdf
File Size: 198 kb
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5 February 2013
To: VALE
From: Rebecca Irwin (DAFF)
130205_first_daff_response.pdf
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5 December 2012
To: Rebecca Irwin (DAFF)
Re: Substitution of vets for accredited stockpersons on live export voyages
121205_stockperson_substitution.pdf
File Size: 211 kb
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Questions on ASEL breaches: more unanswered correspondence
6 March 2013
To: Rebecca Irwin
Re: Dr Lynn Simpson's submission to DAFF
130306_dr_lynn_simpson_submission.pdf
File Size: 289 kb
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Contact: info@vale.org.au
Incorporated in Tasmania   Registration number IA 11130
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