Tomato Brown Rugose Fruit Virus

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (14:29): Supplementary: if the businesses affected by these quarantine orders make an application to the minister for compensation, will the minister commit to this chamber that she will use her ministerial discretion as per section 50 of the Plant Health Act and provide compensation to those businesses?

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (14:30): Quarantine orders have been issued under the provisions of the Plant Health Act 2009. Under that same act, people who have suffered loss or damage as a direct consequence of such an order may make application for compensation. The minister, according to the act, is not compelled to make a payment of compensation under that provision.

The state government has been liaising with the commonwealth on this matter also. This detection is currently subject to consideration under the national Emergency Plant Pest Response Deed, which also considers how compensation should be managed for deed signatories. I am advised that the national Emergency Plant Pest Response Deed includes guidance for industry bodies, states and territories that have signed up to the deed. This guidance includes how owner reimbursement costs, sometimes referred to as compensation, should be managed.

Because the fresh tomato industry has not signed up for the deed, further discussion is needed and indeed is happening at a national level, also, before a decision can be made on whether owner reimbursement costs will apply in this response to any particular business. Through PIRSA we are exploring how compensation could be applied at the national level for this response, with Plant Health Australia and the commonwealth government.

While the shadow minister has been speaking very loosely about compensation, she doesn't seem able to explain specifically what she is referring to in terms of quantities. What are the losses? It is usual for a company to seek compensation once those losses are known. If the Leader of the Opposition knows that when the company currently doesn't, I would be very interested to hear it.