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FIRE SERVICES COMMISSIONER ACT 2010 (NO. 73 OF 2010) - SECT 18

Rolling reviews of, and reports on giving effect to, fire services reform action plans

    (1)     The Fire Services Commissioner must review a fire services reform action plan (including the work programs) and report on that review to the Minister before 31 May of every financial year in which the plan has effect.

    (2)     A report under subsection (1) must—

        (a)     specify the progress, if any, made by each fire services agency in implementing the work program that applies to it in the period of the financial year up to the date of the report; and

        (b)     in relation to those parts of the work programs directed at improving the capacity of the fire services agency to operate together with other fire services agencies in planning and preparing for the response to, and in responding to, major fires—specify the progress, if any, made by all of the fire services agencies in implementing those parts of the work programs.

    (3)     If, following the review, the Fire Services Commissioner considers that the plan should be revised, a report under subsection (1) must be accompanied by a copy of the revised fire services reform action plan.

    (4)     In conducting a review under subsection (1), the Fire Services Commissioner must—

        (a)     consult with—

              (i)     the fire services agencies; and

              (ii)     the Emergency Services Commissioner; and

              (iii)     the State Co-ordinator; and

        (b)     have regard to—

              (i)     the resources each of the fire services agencies have available to allocate to implement the work program that applies to them; and

              (ii)     any duty or other requirement imposed on the fire services agencies by, or under a, law.

    (5)     On receiving a revised fire services reform action plan under this section, the Minister must use his or her best endeavours to approve the revised plan before the commencement of the next financial year in which the fire services reform action plan to which the revised plan relates will have effect.

    (6)     If the Minister makes no decision as to whether to approve the revised fire services reform action plan before 30 June in the financial year in which the relevant review was conducted, the revised plan is taken to be approved on that date.

    (7)     A revised fire services reform action plan approved under this section supersedes the fire services reform action plan to which it relates and has effect—

        (a)     for the remainder of the period the superseded fire services reform action plan would have had effect if it were not superseded; or

        (b)     until it is superseded by another revised fire services reform action plan under this section.

    (8)     If the Minister decides not to approve a revised fire services reform action plan before 30 June in the financial year in which the relevant report was conducted, the fire services reform action plan to which the revised plan relates continues to have effect.

    (9)     The Minister, for the purpose of giving his or her approval, may direct the Fire Services Commissioner, in writing, to make a variation to the revised fire services reform action plan.

    (10)     The Minister must not give a direction under subsection (9) without first having consulted the Fire Services Commissioner about the direction.



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