Dr. Woollard questions the Health Minister about local government fees for inspecting school canteens operated by P&C associations. The Minister clarifies his actions and the legal obligations of councils, accepting a reduced fee in one instance.

AnsweredQoN 224Legislative Assembly
Asked
12 April 2011
Portfolio
Health

QuestionView source ↗

SCHOOL CANTEENS — INSPECTION SERVICE FEES
Some notice of this question has been given. Last November, the minister informed the house that he had issued a direction under the regulations of the Food Act 2008 that local governments were not to charge any fees for the inspection of school canteens operated by parents and citizens associations. Some councils are not charging any fees, while others are charging P&C-operated canteens varying amounts, of up to $400, for these inspections. (1) Was a direction issued to local governments under the regulations to stop them from charging inspection fees for P&C-operated canteens? (2) If not, will the minister now direct local governments not to charge inspection fees to any P&C-operated canteens, and to reimburse any fees that have already been paid? Dr K.D. HAMES

AnswerView source ↗

(1)–(2) I thank the member for the question. This is an issue with which I have had some considerable involvement over recent months, particularly with the member for Jandakot, who raised this issue with me previously, which resulted in the original answer that I gave. No, I did not direct councils on this issue—I do not have the power to do that—and I do not think I said that I did do that, and I apologise if I did. What I did was to verbally direct the Director General of Health to talk to the Department of Local Government to make it very clear that the government is opposed to the introduction of fees to provide inspections of canteens at schools. He subsequently did that, and that information was passed to all councils. I can inform the member that all but two councils are either charging no fees, or charging significantly reduced fees. Those two councils are Melville City Council and Kwinana Town Council. I have been advised subsequently that Kwinana Town Council is reconsidering its position and is looking at either abolishing or significantly reducing those fees. I have to say that my earlier advice as to what the state government would do was based on the understanding that under the Food Act, local governments are not required to inspect school canteens that are run by not-for-profit organisations, but they are allowed to do so. The subsequent information that I have been given from the Department of Health is that under the Food Act 2008 and the Food Regulations 2009, an inspection responsibility is placed on local governments, as the enforcement agency for food business within their district. In order to administer the provisions of the legislation, local governments need to verify that the food businesses—that is, the school canteens—meet the legislative requirements, which must be done by way of an inspection. Having said that, I remain strongly opposed to local governments charging for that inspection. The member for Jandakot provided me with a copy of a letter he received from the City of Melville after having had, presumably, some contact with it about his opposition to the charging of fees to the local school canteen. This is a fairly long letter that is extremely critical of the state government passing responsibility to local government for certain things without providing funding to pay for those things, and the City of Melville stated in this letter that it was going to keep charging fees for inspections. I subsequently wrote a direct letter to Mr Shane Silcox asking him to reconsider his position. I do have the option of bringing in new legislation to prevent councils from charging, but given that the current legislation requires the inspection of school canteens, my view is that if the council significantly reduced that fee—or in fact abolished it—we would achieve the desired end. The council’s response to my letter stated that it would reduce the fee charged to that school canteen by half—reducing it from $340 to $170. Having considered the legislation and that letter, I think that is a reasonable outcome for the school, given that the council has to provide staff to do the required inspection. The fee has been significantly reduced, and I think I am prepared to accept that, unless members come to me and strongly express their view that that is inadequate and that I should do more; if that is the case, they can present their case to me.
(1) Was a direction issued to local governments under the regulations to stop them from charging inspection fees for P&C-operated canteens? (2) If not, will the minister now direct local governments not to charge inspection fees to any P&C-operated canteens, and to reimburse any fees that have already been paid? Dr K.D. HAMES replied: (1)–(2) I thank the member for the question. This is an issue with which I have had some considerable involvement over recent months, particularly with the member for Jandakot, who raised this issue with me previously, which resulted in the original answer that I gave. No, I did not direct councils on this issue—I do not have the power to do that—and I do not think I said that I did do that, and I apologise if I did. What I did was to verbally direct the Director General of Health to talk to the Department of Local Government to make it very clear that the government is opposed to the introduction of fees to provide inspections of canteens at schools. He subsequently did that, and that information was passed to all councils. I can inform the member that all but two councils are either charging no fees, or charging significantly reduced fees. Those two councils are Melville City Council and Kwinana Town Council. I have been advised subsequently that Kwinana Town Council is reconsidering its position and is looking at either abolishing or significantly reducing those fees. I have to say that my earlier advice as to what the state government would do was based on the understanding that under the Food Act, local governments are not required to inspect school canteens that are run by not-for-profit organisations, but they are allowed to do so. The subsequent information that I have been given from the Department of Health is that under the Food Act 2008 and the Food Regulations 2009, an inspection responsibility is placed on local governments, as the enforcement agency for food business within their district. In order to administer the provisions of the legislation, local governments need to verify that the food businesses—that is, the school canteens—meet the legislative requirements, which must be done by way of an inspection. Having said that, I remain strongly opposed to local governments charging for that inspection. The member for Jandakot provided me with a copy of a letter he received from the City of Melville after having had, presumably, some contact with it about his opposition to the charging of fees to the local school canteen. This is a fairly long letter that is extremely critical of the state government passing responsibility to local government for certain things without providing funding to pay for those things, and the City of Melville stated in this letter that it was going to keep charging fees for inspections. I subsequently wrote a direct letter to Mr Shane Silcox asking him to reconsider his position. I do have the option of bringing in new legislation to prevent councils from charging, but given that the current legislation requires the inspection of school canteens, my view is that if the council significantly reduced that fee—or in fact abolished it—we would achieve the desired end. The council’s response to my letter stated that it would reduce the fee charged to that school canteen by half—reducing it from $340 to $170. Having considered the legislation and that letter, I think that is a reasonable outcome for the school, given that the council has to provide staff to do the required inspection. The fee has been significantly reduced, and I think I am prepared to accept that, unless members come to me and strongly express their view that that is inadequate and that I should do more; if that is the case, they can present their case to me.
(2) If not, will the minister now direct local governments not to charge inspection fees to any P&C-operated canteens, and to reimburse any fees that have already been paid? Dr K.D. HAMES replied: (1)–(2) I thank the member for the question. This is an issue with which I have had some considerable involvement over recent months, particularly with the member for Jandakot, who raised this issue with me previously, which resulted in the original answer that I gave. No, I did not direct councils on this issue—I do not have the power to do that—and I do not think I said that I did do that, and I apologise if I did. What I did was to verbally direct the Director General of Health to talk to the Department of Local Government to make it very clear that the government is opposed to the introduction of fees to provide inspections of canteens at schools. He subsequently did that, and that information was passed to all councils. I can inform the member that all but two councils are either charging no fees, or charging significantly reduced fees. Those two councils are Melville City Council and Kwinana Town Council. I have been advised subsequently that Kwinana Town Council is reconsidering its position and is looking at either abolishing or significantly reducing those fees. I have to say that my earlier advice as to what the state government would do was based on the understanding that under the Food Act, local governments are not required to inspect school canteens that are run by not-for-profit organisations, but they are allowed to do so. The subsequent information that I have been given from the Department of Health is that under the Food Act 2008 and the Food Regulations 2009, an inspection responsibility is placed on local governments, as the enforcement agency for food business within their district. In order to administer the provisions of the legislation, local governments need to verify that the food businesses—that is, the school canteens—meet the legislative requirements, which must be done by way of an inspection. Having said that, I remain strongly opposed to local governments charging for that inspection. The member for Jandakot provided me with a copy of a letter he received from the City of Melville after having had, presumably, some contact with it about his opposition to the charging of fees to the local school canteen. This is a fairly long letter that is extremely critical of the state government passing responsibility to local government for certain things without providing funding to pay for those things, and the City of Melville stated in this letter that it was going to keep charging fees for inspections. I subsequently wrote a direct letter to Mr Shane Silcox asking him to reconsider his position. I do have the option of bringing in new legislation to prevent councils from charging, but given that the current legislation requires the inspection of school canteens, my view is that if the council significantly reduced that fee—or in fact abolished it—we would achieve the desired end. The council’s response to my letter stated that it would reduce the fee charged to that school canteen by half—reducing it from $340 to $170. Having considered the legislation and that letter, I think that is a reasonable outcome for the school, given that the council has to provide staff to do the required inspection. The fee has been significantly reduced, and I think I am prepared to accept that, unless members come to me and strongly express their view that that is inadequate and that I should do more; if that is the case, they can present their case to me.
Dr K.D. HAMES replied: (1)–(2) I thank the member for the question. This is an issue with which I have had some considerable involvement over recent months, particularly with the member for Jandakot, who raised this issue with me previously, which resulted in the original answer that I gave. No, I did not direct councils on this issue—I do not have the power to do that—and I do not think I said that I did do that, and I apologise if I did. What I did was to verbally direct the Director General of Health to talk to the Department of Local Government to make it very clear that the government is opposed to the introduction of fees to provide inspections of canteens at schools. He subsequently did that, and that information was passed to all councils. I can inform the member that all but two councils are either charging no fees, or charging significantly reduced fees. Those two councils are Melville City Council and Kwinana Town Council. I have been advised subsequently that Kwinana Town Council is reconsidering its position and is looking at either abolishing or significantly reducing those fees. I have to say that my earlier advice as to what the state government would do was based on the understanding that under the Food Act, local governments are not required to inspect school canteens that are run by not-for-profit organisations, but they are allowed to do so. The subsequent information that I have been given from the Department of Health is that under the Food Act 2008 and the Food Regulations 2009, an inspection responsibility is placed on local governments, as the enforcement agency for food business within their district. In order to administer the provisions of the legislation, local governments need to verify that the food businesses—that is, the school canteens—meet the legislative requirements, which must be done by way of an inspection. Having said that, I remain strongly opposed to local governments charging for that inspection. The member for Jandakot provided me with a copy of a letter he received from the City of Melville after having had, presumably, some contact with it about his opposition to the charging of fees to the local school canteen. This is a fairly long letter that is extremely critical of the state government passing responsibility to local government for certain things without providing funding to pay for those things, and the City of Melville stated in this letter that it was going to keep charging fees for inspections. I subsequently wrote a direct letter to Mr Shane Silcox asking him to reconsider his position. I do have the option of bringing in new legislation to prevent councils from charging, but given that the current legislation requires the inspection of school canteens, my view is that if the council significantly reduced that fee—or in fact abolished it—we would achieve the desired end. The council’s response to my letter stated that it would reduce the fee charged to that school canteen by half—reducing it from $340 to $170. Having considered the legislation and that letter, I think that is a reasonable outcome for the school, given that the council has to provide staff to do the required inspection. The fee has been significantly reduced, and I think I am prepared to accept that, unless members come to me and strongly express their view that that is inadequate and that I should do more; if that is the case, they can present their case to me.
(1)–(2) I thank the member for the question. This is an issue with which I have had some considerable involvement over recent months, particularly with the member for Jandakot, who raised this issue with me previously, which resulted in the original answer that I gave. No, I did not direct councils on this issue—I do not have the power to do that—and I do not think I said that I did do that, and I apologise if I did. What I did was to verbally direct the Director General of Health to talk to the Department of Local Government to make it very clear that the government is opposed to the introduction of fees to provide inspections of canteens at schools. He subsequently did that, and that information was passed to all councils. I can inform the member that all but two councils are either charging no fees, or charging significantly reduced fees. Those two councils are Melville City Council and Kwinana Town Council. I have been advised subsequently that Kwinana Town Council is reconsidering its position and is looking at either abolishing or significantly reducing those fees. I have to say that my earlier advice as to what the state government would do was based on the understanding that under the Food Act, local governments are not required to inspect school canteens that are run by not-for-profit organisations, but they are allowed to do so. The subsequent information that I have been given from the Department of Health is that under the Food Act 2008 and the Food Regulations 2009, an inspection responsibility is placed on local governments, as the enforcement agency for food business within their district. In order to administer the provisions of the legislation, local governments need to verify that the food businesses—that is, the school canteens—meet the legislative requirements, which must be done by way of an inspection. Having said that, I remain strongly opposed to local governments charging for that inspection. The member for Jandakot provided me with a copy of a letter he received from the City of Melville after having had, presumably, some contact with it about his opposition to the charging of fees to the local school canteen. This is a fairly long letter that is extremely critical of the state government passing responsibility to local government for certain things without providing funding to pay for those things, and the City of Melville stated in this letter that it was going to keep charging fees for inspections. I subsequently wrote a direct letter to Mr Shane Silcox asking him to reconsider his position. I do have the option of bringing in new legislation to prevent councils from charging, but given that the current legislation requires the inspection of school canteens, my view is that if the council significantly reduced that fee—or in fact abolished it—we would achieve the desired end. The council’s response to my letter stated that it would reduce the fee charged to that school canteen by half—reducing it from $340 to $170. Having considered the legislation and that letter, I think that is a reasonable outcome for the school, given that the council has to provide staff to do the required inspection. The fee has been significantly reduced, and I think I am prepared to accept that, unless members come to me and strongly express their view that that is inadequate and that I should do more; if that is the case, they can present their case to me.
The member for Jandakot provided me with a copy of a letter he received from the City of Melville after having had, presumably, some contact with it about his opposition to the charging of fees to the local school canteen. This is a fairly long letter that is extremely critical of the state government passing responsibility to local government for certain things without providing funding to pay for those things, and the City of Melville stated in this letter that it was going to keep charging fees for inspections. I subsequently wrote a direct letter to Mr Shane Silcox asking him to reconsider his position. I do have the option of bringing in new legislation to prevent councils from charging, but given that the current legislation requires the inspection of school canteens, my view is that if the council significantly reduced that fee—or in fact abolished it—we would achieve the desired end. The council’s response to my letter stated that it would reduce the fee charged to that school canteen by half—reducing it from $340 to $170. Having considered the legislation and that letter, I think that is a reasonable outcome for the school, given that the council has to provide staff to do the required inspection. The fee has been significantly reduced, and I think I am prepared to accept that, unless members come to me and strongly express their view that that is inadequate and that I should do more; if that is the case, they can present their case to me.
Having considered the legislation and that letter, I think that is a reasonable outcome for the school, given that the council has to provide staff to do the required inspection. The fee has been significantly reduced, and I think I am prepared to accept that, unless members come to me and strongly express their view that that is inadequate and that I should do more; if that is the case, they can present their case to me.

Explore WA Government Data

Search the full archive in the free dashboard, or query programmatically via API.

Explore more