Victorian Numbered Acts Victorian Numbered Acts(1) The Fire Services Commissioner must, before 30 September every year, give the Minister a report on—
(a) the performance of the Commissioner's functions, and the exercise of the Commissioner's powers; and
(b) progress by fire services agencies on the implementation by them of the work program that applies to them to give effect to the fire services reform action plan—
during the financial year ending on the immediately preceding 30 June.
(2) A report under subsection (1) must also include a summary of all the reports provided to the Fire Services Commissioner by the Emergency Services Commissioner in accordance with section 21E of the Emergency Management Act 1986 during the the financial year ending on the immediately preceding 30 June.
32 Minister to lay annual reports before each House of the Parliament
On receiving a report under section 31, the Minister must cause the report to be laid before each House of the Parliament within 4 months after the end of the financial year to which the report relates or on the first sitting day of the House after the end of that period.
33 Immunity
(1) The Fire Services Commissioner is not personally liable for any thing done or omitted to be done in good faith—
(a) in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act.
(2) Any liability resulting from an act or omission that would but for subsection (1) attach to the Fire Services Commissioner attaches to the Crown.
34 Regulations
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
__________________
35 Definitions
See:
Act
No.
30/1986.
Reprint
No. 4
as
at
1 May
2008
and
amending
Act
Nos
73/2009, 6/2010 and
9/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 4(1) of the Emergency Management Act 1986 insert the following definitions—
" chief officer in relation to a fire services agency—
(a) means the Chief Fire Officer of the Department of Sustainability and Environment, the Chief Officer of the Country Fire Authority and the Chief Officer of the Metropolitan Fire and Emergency Services; and
(b) includes any person nominated by a person referred to in paragraph (a) to exercise the powers of that person under section 16, 16A or 16B;
"fire services agency" has the same meaning as in the Fire Services Commissioner Act 2010 ;
"Fire Services Commissioner" means the person appointed under section 5 of the Fire Services Commissioner Act 2010 ;
"major fire" has the same meaning as in the Fire Services Commissioner Act 2010 ;".
36 Sections 16 and 16A substituted and new sections 16B and 16C inserted
For sections 16 and 16A of the Emergency Management Act 1986 substitute —
(1) The Fire Services Commissioner has the overall control of response activities in relation to a major fire—
(a) which is burning; or
(b) which may occur; or
(c) which has occurred—
in any area of the State.
(2) The Fire Services Commissioner may take overall control of response activities from any one or more of the fire services agencies in relation to a fire if the Fire Services Commissioner considers the fire has become, or reasonably believes has the potential to become, a major fire.
(3) A chief officer of a fire services agency may transfer overall control of response activities in relation to a fire to the Fire Services Commissioner if the chief officer considers that the fire has become, or reasonably believes has the potential to become, a major fire.
(4) The Fire Services Commissioner may appoint a chief officer or another officer of one of the fire services agencies to have the overall control of response activities referred to in subsection (1).
(5) The Fire Services Commissioner, or a chief officer or any officer appointed under subsection (4), may—
(a) appoint one or more assistant controllers for the major fire; or
(b) transfer control of any response activity to one or more other persons.
(6) An appointment of an officer under subsection (4) or (5)(a) has effect for the period specified in the instrument of appointment.
(7) The Fire Services Commissioner, or a chief officer or any officer appointed under subsection (4) or (5)(a), who has overall control of response activities in relation to a major fire in any place in Victoria may exercise the powers and authorities conferred by the Country Fire Authority Act 1958 on the Chief Officer of the Country Fire Authority in relation to the control of response activities in relation to the major fire in relation to which he or she has overall control.
(8) The provisions of this section prevail over sections 33(2) and 93B(1) of the Country Fire Authority Act 1958 and section 55E of the Metropolitan Fire Brigades Act 1958 .
(1) This section applies if—
(a) there is a major fire which is burning, or a major fire may occur or which has occurred, in any area of the State; and
(b) the Fire Services Commissioner is unavailable to perform a duty or exercise a function under section 16.
(2) The chief officers of the fire services agencies may, by agreement, appoint the chief officer or another officer of one of the agencies to have the overall control of response activities in relation to the major fire.
(3) In the absence of an agreement under subsection (2), the State Co-ordinator may direct a chief officer to appoint a chief officer or another officer of one of the agencies to have the overall control of response activities in relation to the major fire.
(4) A chief officer or other officer appointed under subsection (2) or (3) may—
(a) appoint one or more assistant controllers for the fire; or
(b) transfer control of any response activity to one or more other persons.
(5) An appointment of an officer under subsection (2), (3) or (4)(a) has effect for the period specified in the instrument of appointment.
(6) Any officer appointed under subsection (2), (3) or (4)(a) may, in the case of a major fire in any place in Victoria, exercise the powers and authorities conferred by the Country Fire Authority Act 1958 on the Chief Officer of the Country Fire Authority in relation to the control of response activities in relation to the major fire in relation to which he or she has overall control.
(7) The provisions of this section prevail over sections 33(2) and 93B(1) of the Country Fire Authority Act 1958 and section 55E of the Metropolitan Fire Brigades Act 1958 .
The State Co-ordinator may advise, or if the State Co-ordinator considers it necessary, direct—
(a) the Fire Services Commissioner to exercise his or her power under section 16(2) or (4);
(b) a chief officer to exercise his or her power under section 16(3) ;
(c) the Fire Services Commissioner, or a chief officer or other officer appointed under section 16(4), to exercise his or her power under section 16(5) ;
(d) a chief officer or other officer appointed under subsection 16A(2) or (3) to exercise his or her power under section 16A(4).
(1) At the request of a State Co-ordinator or of their own volition, the officers in charge of agencies having roles or responsibilities in relation to emergency response or the senior officer of each such agency may determine the priority of the responsibilities of those agencies either during or in anticipation of an emergency.
(2) In the absence of an agreement under subsection (1), the State Co-ordinator may determine the priority of the response roles of the agencies.
(3) This section does not apply to an emergency to which section 16 or 16A applies.".
37 Functions and powers of the Emergency Services Commissioner
(1) In section 21C(1)(a) of the Emergency Management Act 1986 —
(a) omit "and monitor";
(b) after "agencies" insert "(other than fire services agencies)".
(2) After section 21C(1)(ab) of the Emergency Management Act 1986 insert —
"(aba) to monitor the performance of emergency service agencies against standards prepared under section 21D;
(abb) without limiting paragraph (aba), to monitor the performance of fire services agencies against performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010 ;".
38 Emergency Services Commissioner standards
In section 21D(1) and (2) of the Emergency Management Act 1986 , after "agencies" insert "(other than fire services agencies)".
39 Emergency Services Commissioner to monitor standards
For section 21E(1) of the Emergency Management Act 1986 substitute —
"(1) The Commissioner must arrange for the monitoring from time to time of—
(a) the adoption and compliance with the standards prepared under section 21D by emergency service agencies;
(b) the adoption of and compliance with, by fire services agencies, the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010 .
(1A) The Commissioner must, on a quarterly basis, provide the Fire Services Commissioner with a written report assessing the adoption of, and compliance with, the performance standards referred to in subsection (1)(b) by the fire service agencies.".
40 Power to require information to be given
In section 21F(1)(a) and (b) of the Emergency Management Act 1986 after "emergencies" insert "prepared under section 21D".
41 Definitions
See:
Act
No. 6228.
Reprint No.
13
as
at
6 May
2010
and
amending
Act
Nos
6/2010 and
29/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Country Fire Authority Act 1958 insert the following definitions—
""applicable work program" means a work program (within the meaning of the Fire Services Commissioner Act 2010 ) that applies to the Authority;
"Emergency Services Commissioner" has the same meaning as Commissioner has in section 4(1) of the Emergency Management Act 1986 ;
"fire services agency" has the same meaning as in the Fire Services Commissioner Act 2010 ;
"Fire Services Commissioner" means the person appointed under section 5 of the Fire Services Commissioner Act 2010 ;
"fire services reform action plan" has the same meaning as in the Fire Services Commissioner Act 2010 ;
"incident management operating procedures" has the same meaning as in the Fire Services Commissioner Act 2010 ;".
42 Compliance with performance standards developed by the Fire Services Commissioner
(1) Insert the following heading to section 6B of the Country Fire Authority Act 1958 —
" Compliance with standards of Fire Services Commissioner ".
(2) In section 6B of the Country Fire Authority Act 1958 , for "standards prepared by the Emergency Services Commissioner under Part 4A of the Emergency Management Act 1986 " substitute "performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010 ".
43 Section 6C substituted and new sections 6D and 6E inserted
For section 6C of the Country Fire Authority Act 1958 substitute —
(1) The Authority must, at the expiration of each period of 3 months, report in writing on the action it has taken during the preceding 3 months to comply with the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010 .
(2) A copy of the report prepared by the Authority under subsection (1) must be given to—
(a) the Fire Services Commissioner; and
(b) the Emergency Services Commissioner.
(1) The Authority must use its best endeavours to implement the applicable work program to give effect to the fire services reform action plan.
(2) The Authority must prepare a written report on the progress made, and achievements attained, by the Authority in its endeavours to give effect to the fire services reform action plan at intervals determined by the Fire Services Commissioner. The intervals must not be less than one a year.
(3) The Authority must give a copy of a report prepared by the Authority under subsection (2) to the Fire Services Commissioner.
The Authority must comply with any incident management operating procedures.".
44 Section 50B substituted
For section 50B of the Country Fire Authority Act 1958 substitute —
(1) The Chief Officer must issue warnings and provide information in relation to fires in the country area of Victoria if—
(a) the Fire Services Commissioner has delegated to the Chief Officer under section 26 of the Fire Services Commissioner Act 2010 his or her duty to issue warnings or provide information;
(b) the Chief Officer considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property.
(2) The Chief Officer must have regard to any guidelines, procedures or operating protocols issued by the Fire Services Commissioner under section 25 of the Fire Services Commissioner Act 2010 for the purposes of carrying out a duty under subsection (1).".
45 Repeal of section 50C
Section 50C of the Country Fire Authority Act 1958 is repealed .
46 Repeal of section 50D
Section 50D of the Country Fire Authority Act 1958 is repealed .
47 Disclosure of information by Authority
In section 81A of the Country Fire Authority Act 1958 , for "Emergency Services Commissioner" (wherever occurring) substitute "Fire Services Commissioner".
48 Definitions
See:
Act
No.
6254.
Reprint
No. 10
as
at
8 July
2010
and
amending
Act
No.
40/2009.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Forests Act 1958 insert the following definitions—
""applicable work program" means a work program (within the meaning of the Fire Services Commissioner Act 2010 ) that applies to the Secretary;
"Chief Fire Officer" means the person employed under section 61A;
"fire services agency" has the same meaning as in the Fire Services Commissioner Act 2010 ;
"Fire Services Commissioner" means the person appointed under section 5 of the Fire Services Commissioner Act 2010 ;
"fire services reform action plan" has the same meaning as in the Fire Services Commissioner Act 2010 ;
"incident management operating procedures" has the same meaning as in the Fire Services Commissioner Act 2010 ;".
49 New section 29 inserted
After section 28 of the Forests Act 1958 insert —
The Secretary may, in writing, authorise the Chief Fire Officer to perform any functions of the Secretary in respect of fire related activities in every State forest, national park or on protected public land.".
50 New sections 61A to 61E inserted
Before section 62 of the Forests Act 1958 insert —
There is to be a Chief Fire Officer of the Department of Sustainability and Environment employed under Part 3 of the Public Administration Act 2004 .
The Chief Fire Officer of the Department of Sustainability and Environment has the following functions—
(a) to exercise any functions authorised by the Secretary in respect of fire related activities in every State forest, national park or on protected public land;
(b) any other function conferred on the Chief Fire Officer by or under this or any other Act.
(1) The Chief Fire Officer of the Department of Sustainability and Environment is not personally liable for any thing done or omitted to be done in good faith—
(a) in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act.
(2) Any liability resulting from an act or omission that would but for subsection (1) attach to the Chief Fire Officer of the Department of Sustainability and Environment attaches to the Secretary.
(1) The Secretary must use its best endeavours to carry out the functions of the Secretary in accordance with the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010 .
(2) The Secretary must, at the expiration of each period of 3 months, report in writing on the action it has taken during the preceding 3 months to comply with the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010 .
(3) The Secretary must give a copy of a report prepared by the Secretary under subsection (2) to—
(a) the Fire Services Commissioner; and
(b) the Emergency Services Commissioner.
(1) The Secretary must use its best endeavours to implement the applicable work program to give effect to the fire services reform action plan.
(2) The Secretary must prepare a written report on the progress made, and achievements attained, by the Secretary in the Secretary's endeavours to give effect to the fire services reform action plan at intervals determined by the Fire Services Commissioner. The intervals must not be less than one a year.
(3) The Secretary must give the Fire Services Commissioner a copy of any report prepared under subsection (2).
The Secretary must comply with any incident management operating procedures.".
51 Declaration of protected public lands
For section 62(2) of the Forests Act 1958 substitute —
"(2) Despite anything to the contrary in any other Act or law, the Secretary must carry out proper and sufficient work in State forests, national parks and on protected public land—
(a) for the immediate prevention and suppression of fire; and
(b) for the planned prevention of fire.
(3) The Secretary must not carry out work of a kind specified under subsection (2) on national parks and protected public land managed and controlled by a person or body unless—
(a) the person or body has agreed to the work being undertaken; or
(b) if agreement is not reached between the person or body and the Secretary, the Governor in Council determines that the Secretary may conduct the work.".
52 New section 62AA inserted
After section 62 of the Forests Act 1958 insert —
(1) The Secretary must issue warnings and provide information in relation to fires in State forests, national parks and on protected public land if—
(a) the Fire Services Commissioner has delegated to the Secretary under section 26 of the Fire Services Commissioner Act 2010 his or her duty to issue warnings or provide information; or
(b) the Secretary considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property.
(2) The Secretary must have regard to any guidelines, procedures or operating protocols issued by the Fire Services Commissioner under section 25 of the Fire Services Commissioner Act 2010 for the purposes of carrying out a duty under subsection (1).".
53 Definitions
See:
Act
No.
6315.
Reprint
No. 10
as
at
1 July
2006
and
amending
Act
Nos
74/2006, 80/2006, 77/2008, 69/2009, 29/2010 and
45/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Metropolitan Fire Brigades Act 1958 insert the following definitions—
""applicable work program" means a work program (within the meaning of the Fire Services Commissioner Act 2010 ) that applies to the Board;
"fire services agency" has the same meaning as in the Fire Services Commissioner Act 2010 ;
"Fire Services Commissioner" means the person appointed under section 5 of the Fire Services Commissioner Act 2010 ;
"fire services reform action plan" has the same meaning as in the Fire Services Commissioner Act 2010 ;
"incident management operating procedures" has the same meaning as in the Fire Services Commissioner Act 2010 ;".
54 Functions of Board
(1) In section 7(4) of the Metropolitan Fire Brigades Act 1958 , for "standards prepared by the Emergency Services Commissioner under Part 4A of the Emergency Management Act 1986 " substitute "performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010 ".
(2) For section 7(5) of the Metropolitan Fire Brigades Act 1958 substitute —
"(5) The Board must, at the expiration of each period of 3 months, report in writing on the action it has taken during the preceding 3 months to comply with the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010 .
(6) A copy of the report prepared by the Board under subsection (5) must be given to—
(a) the Fire Services Commissioner; and
(b) the Emergency Services Commissioner.".
55 New sections 7A and 7B inserted
After section 7 of the Metropolitan Fire Brigades Act 1958 insert —
(1) The Board must use its best endeavours to implement the applicable work program to give effect to the fire services reform action plan.
(2) The Board must prepare a written report on the progress made, and achievements attained, by the Board in its endeavours to give effect to the fire services reform action plan at intervals determined by the Fire Services Commissioner. The intervals must not be less than one a year.
(3) The Board must give a copy of a report prepared under subsection (2) to the Fire Services Commissioner.
The Board must comply with any incident management operating procedures.".
56 New section 32AA inserted
After section 32 of the Metropolitan Fire Brigades Act 1958 insert —
(1) The Chief Officer must issue warnings and provide information in relation to fires in the metropolitan fire district if—
(a) the Fire Services Commissioner has delegated to the Chief Officer under section 26 of the Fire Services Commissioner Act 2010 his or her duty to issue warnings or provide information; or
(b) the Chief Officer considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property.
(2) The Chief Officer must have regard to any guidelines, procedures or operating protocols issued by the Fire Services Commissioner under section 25 of the Fire Services Commissioner Act 2010 for the purposes of carrying out a duty under subsection (1).".
57 Disclosure of information by Board
In section 45A of the Metropolitan Fire Brigades Act 1958 , for "Emergency Services Commissioner" (wherever occurring) substitute "Fire Services Commissioner".
58 Statute law revision
(1) Insert the following heading to section 31A of the Metropolitan Fire Brigades Act 1958 —
" Delegation of powers of Chief Officer ".
(2) Insert the following heading to section 32C of the Metropolitan Fire Brigades Act 1958 —
" Destruction etc. of building by Chief Officer ".
(3) In section 63(2) and (3) of the Metropolitan Fire Brigades Act 1958 , for "Chief Fire Officer" substitute "Chief Officer".
59 Repeal of redundant amendment
Section 19 of the Justice Legislation Further Amendment Act 2010 is repealed .
60 Repeal
This Part is repealed on 1 December 2011.
Note
The repeal of this Part does not affect the continuing operation of the amendments made by this Part (see section 15(1) of the Interpretation of Legislation Act 1984 ).
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