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This is a Bill, not an Act. For current law, see the Acts databases.
EMERGENCIES (ESA) AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Brendan Smyth)
Emergencies
(ESA) Amendment Bill 2009
Contents
Page
Part
1.1 Dangerous Substances (Explosives)
Regulation 2004 20
Part 1.2 Emergencies
Regulation 2004 20
Part 1.3 Financial
Management Act 1996 21
Part 1.4 Fuels
Control Act 1979 21
Part 1.5 Legislation
Act 2001 22
Part 1.6 Planning
and Development Regulation 2008 22
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Brendan Smyth)
Emergencies (ESA)
Amendment Bill 2009
A Bill for
An Act to amend the
Emergencies Act 2004,
and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Emergencies (ESA) Amendment Act 2009.
This Act commences on 1 July 2010.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Emergencies Act 2004.
Note This Act also amends the following legislation (see sch
1):
• Dangerous Substances (Explosives) Regulation 2004
• Emergencies Regulation 2004
• Financial Management Act 1996
• Fuels Control Act 1979
• Legislation Act 2001
• Planning and Development Regulation 2008.
4 Objects
of ActSection 3 (c)
omit
commissioner
substitute
authority
substitute
Chapter 2 Emergency services
authority
Part 2.1 Establishment of authority and
governing board
Note The emergency services authority is a corporation regulated by
the Financial Management Act 1996 (the FMA), pt 9 as well as this
establishing Act.
The FMA, pt 9 deals, for example, with the corporate status of territory
authorities and the make-up and responsibility of governing boards.
7 Establishment of authority
(1) The ACT Emergency Services Authority is established.
(2) The authority is a corporation.
Note For the legal capacity and powers of the authority (for
example, to enter into contracts, own and dispose of property, sue and be sued)
see the Financial Management Act 1996, s 74.
8 Establishment of governing
board
The authority has a governing board.
Note An appointment of a governing board member is an appointment
under this section (see Financial Management Act 1996, s 78 (5)
(b)).
9 Governing board members
(1) The governing board of the authority consists of the following
members:
(a) the chief officer (ambulance service);
(b) the chief officer (fire brigade);
(c) the chief officer (rural fire service);
(d) the chief officer (SES);
(e) the chief police officer;
(f) 2 people appointed by the Minister.
(2) The Minister must not appoint a person unless satisfied that the
person has the experience and skills to provide expertise in emergency
management.
Note For the making of appointments generally, see the Legislation
Act, pt 19.3.
(3) The Minister must appoint 1 of the appointed members as chair of the
governing board of the authority.
Note 1 The chair of the governing board is appointed by the Minister
under the Financial Management Act 1996, s 79.
Note 2 The chief executive officer of the authority is also a member
of the governing board (see Financial Management Act 1996, s 80 (4)).
The chief executive officer is a non-voting member (see s 10 (2)).
10 Chief executive officer of
authority
(1) The chief executive officer of the authority must be a public
servant.
Note 1 The chief executive officer is appointed under the
Financial Management Act 1996, s 80 (3).
Note 2 The chief executive officer manages the day-to-day operations
of the authority. For the CEO’s functions, see the Financial
Management Act 1996, s 84.
(2) The chief executive officer is a non-voting member of the governing
board.
Part 2.2 Functions of
authority
11 Authority functions
(1) The authority has the following functions:
(a) policy development for the emergency services;
(b) high-level management of the emergency services.
Note A chief officer of an emergency
service is responsible for the general management and control of the service
(see s 28 (3) (a), s 29 (3) (a), s 30 (3) (a) and s 31 (3)
(a)).
(2) The authority has any function given to the authority under this Act
and any other territory law.
(3) In the exercise of its functions, the authority must—
(a) develop and maintain a strategic and policy framework across the
emergency services; and
(b) develop and implement a framework of sound corporate governance across
the emergency services; and
(c) ensure that appropriate strategic administrative and other support
services are provided to the emergency services; and
(d) ensure that appropriate strategic and business plans are developed,
maintained and implemented across the emergency services; and
(e) provide for effective allocation of resources within the emergency
services; and
(f) ensure that each emergency service has appropriate systems and
practices in place—
(i) to provide for effective management and planning; and
(ii) to monitor management performance against plans and targets and to
take corrective action as necessary; and
(g) ensure that each emergency service maintains appropriate risk
management systems and practices; and
(h) ensure that each emergency service regularly reviews, and revises as
necessary, its plans, structures, systems, targets and practices to address
changing circumstances and to improve the provision of emergency services and
business practices; and
(i) ensure that each emergency service meets its statutory
responsibilities and complies with this Act and any other relevant territory
law; and
(j) ensure the observance of high ethical standards within the emergency
services; and
(k) foster and support career development opportunities and personal
development opportunities for members; and
(l) support and encourage participation in the emergency services by
volunteer members; and
(m) recognise outstanding achievements of people involved in the provision
of emergency services or who take action or assist at the scene of an emergency
or who otherwise support the objectives or activities of the emergency services;
and
(n) ensure that there is effective consultation with the community in
relation to the operation of this Act; and
(o) disseminate knowledge about emergency services to improve community
safety; and
(p) undertake public education programs to promote awareness of emergency
services functions and activities; and
(q) undertake programs to educate the public on their personal
preparedness and responsibilities in emergency situations; and
(r) recognise the diverse needs of the community including people with
special needs; and
Example—people with special
needs
1 the frail aged
2 people with a disability
3 people in hospital
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(s) provide regular reports to the Minister on the activities and
performance of the emergency services; and
(t) give the Minister reports or advice about the operation of this Act
and the provision of emergency services under this Act.
12 Emergency coordination
The authority must ensure that—
(a) an emergency coordination centre is established and maintained for the
ACT; and
(b) common planning, administrative and logistic support is provided for
the emergency services (including common communications and emergency
coordination centres).
Example
common risk management planning
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
13 Authority to advise Minister
The authority must advise the Minister on the overall capability and
preparedness of the emergency services
including prevention activities by the services.
14 Asking bushfire council’s
advice
(1) The authority must ask for, and consider, the bushfire council’s
advice before exercising a function relating to bushfires prescribed under the
regulations.
(2) The authority may ask for the bushfire council’s advice in
relation to the exercise of any other function relating to bushfires.
15 Authority may make
guidelines
(1) The authority may, in writing, make guidelines for the organisation
and operation of the authority and the strategic
operation of each of the emergency services (the authority
guidelines).
(2) The authority guidelines are a notifiable
instrument except to the extent that the authority considers it is in the public
interest that it not be notifiable.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) Any part of the authority guidelines that
is not notified under the Legislation Act must be given to the appropriate
Legislative Assembly committee.
(4) The authority guidelines may make
provision in relation to—
(a) areas of the emergency services to be operated jointly; and
(b) operation of joint areas of the emergency services; and
(c) planning and conduct of joint operations of the emergency services;
and
(d) anything else in relation to the
organisation and operation of the authority, and the
strategic organisation and operation of each of the emergency services,
that the authority considers appropriate.
Examples
1 guidelines for the operation of a joint communications area for the
services
2 guidelines for joint operations
3 guidelines for joint response to a major building collapse
4 guidelines for ending appointments of
volunteer members (including application of the rules of natural
justice)
Note 1 An Act that authorises the making of a statutory instrument
(eg guidelines) also authorises an instrument to be made with respect to
any matter required or permitted to be prescribed under the authorising law or
that is necessary or convenient to be prescribed for carrying out or giving
effect to the authorising law (see Legislation Act, s 44).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(5) The authority guidelines may apply, adopt or incorporate a law or
instrument as in force from time to time.
Note The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
(6) The chief officer of an emergency service may recommend amendments of
the authority guidelines to the
authority.
(7) For this section:
appropriate Legislative Assembly committee means the standing
committee of the Legislative Assembly nominated, in writing, by the
Speaker.
16 Delegations by authority
The authority may delegate the authority’s functions under this Act
or another Territory law to a public servant or a member of
an emergency service.
Note For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
Part 2.3 Operations of
authority
17 Authority to comply with
directions
The authority must comply with any directions given to the authority under
this Act or another Territory law.
Note The authority may be given directions by the Minister under s
6J.
18 Ministerial directions to
authority
(1) The Minister may give a written direction to the authority about the
exercise of its functions.
(2) Before giving a direction, the Minister must—
(a) tell the authority about the proposed direction; and
(b) give the authority reasonable opportunity to comment on the proposed
direction; and
(c) consider any comment made by the authority.
(3) The Minister must—
(a) present a copy of a direction to the Legislative Assembly within 6
sitting days after the day it is given to the authority; and
(b) if the copy would not be presented to the Legislative Assembly under
paragraph (a) within 14 days after the day it is given to the
authority—give copies of the direction
to the Speaker for the members of the
Legislative Assembly within the 14 days.
(4) If subsection (3) is not complied with, the direction is taken to have
been revoked at the end of the period within which the copy of the direction
should have been presented or given to the
Speaker.
(5) A direction is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
19 Reports by authority to
Minister
(1) The authority must give the Minister a report, or information about
its operations, required by the Minister.
(2) A report under this section must be prepared in the form (if any) that
the Minister requires.
(3) This section is in addition to any other provision about the giving of
reports or information by the authority.
20 Authority’s annual
report
A report prepared by the authority under the Annual Reports (Government
Agencies) Act 2004 for a financial year must include—
(a) a copy of any direction given to the authority under this Act or
another Territory law during the year; and
(b) a statement by the authority about action taken during the year to
give effect to any direction given to the authority (whether before or during
the year).
6 Chief
officer—ambulance serviceSection 28
(1)
omit
chief executive may, after consulting the commissioner,
substitute
Executive must, after appropriate consultation
omit
omit
chief executive
substitute
Executive
9 Chief
officer—fire brigadeSection 29
(1)
omit
chief executive may, after consulting the commissioner,
substitute
Executive must, after appropriate consultation,
10 Section
29 (1), note 2
omit
omit
chief executive
substitute
Executive
12 Chief
officer—rural fire serviceSection 30
(1)
omit
chief executive may, after consulting with the bushfire council and the
commissioner,
substitute
Executive must, after appropriate consultation, including with the bushfire
council,
13 Section
30 (1), note 2
omit
omit
chief executive
substitute
Executive
15 Chief
officer—SESSection 31
(1)
omit
chief executive may, after consulting the commissioner,
substitute
Executive must, after appropriate consultation,
16 Section
31 (1), note 2
omit
omit
chief executive
substitute
Executive
18 Deputy
chief officersSection 32
(1)
omit
chief executive may, after consulting the commissioner,
substitute
authority must, after appropriate consultation,
19 Section
32 (2) and (4)
omit
chief executive
substitute
authority
20 General
powers of chief officersSection 34
(2)
omit
commissioner’s guidelines
substitute
authority guidelines
21 Directions
by chief officer to service membersSection
35 (3)
omit
commissioner and the commissioner’s guidelines
substitute
authority and the authority guidelines
22 Chief
officers to advise commissionerSection
36
omit
commissioner
substitute
authority
23 Appointment
of volunteer membersSection 59B
(2)
omit
commissioner’s guidelines
substitute
authority guidelines
24 Volunteer
appointments in accordance with
guidelinesSection 59C (1) and
(4)
omit
commissioner’s guidelines
substitute
authority guidelines
25 Decision
about approvalSection 62
(2)
omit
commissioner
substitute
authority
omit
commissioner
substitute
authority
27 Assessment
of resources and capabilitiesSection
76
omit
commissioner
substitute
authority
28 Directions
by commissioner to owner of landSection 82
omit
commissioner
substitute
authority
omit
commissioner
substitute
authority
in
• section 114
• section 115
• section 117
• section 118
• section 119
• section 123
30 Lighting
fires for burning offSection 123
(4)
omit
commissioner’s
substitute
authority’s
omit
commissioner
substitute
authority
32 Chief
executive to give support to bushfire
councilSection 131
omit
chief executive
substitute
authority
33 Section
142 (1) (a) etc
omit
commissioner
substitute
authority
in
• section 142 (1) (a)
• section 143 (3) (b)
• section 149 (3)
• section 174
• section 177
• section 179 (1)
• section 184
• section 197 (1)
34 Protection
of officials from liabilityNew section 198
(1) (ca)
insert
(ca) any other member of the staff of the authority; or
35 Approved
formsSection 200 (1) and
(2)
omit
commissioner
substitute
authority
36 Dictionary,
new definitions of authority and authority
guidelines
insert
authority means the ACT Emergency Services Authority
established under section 7.
authority guidelines—see section 15.
Schedule
1 Consequential
amendments
(see s 3)
Part
1.1 Dangerous Substances (Explosives)
Regulation 2004
[1.1] Schedule
2, section 2.1 (4)
omit
emergency services commissioner
substitute
emergency services authority
omit
• emergency services commissioner
substitute
• emergency services authority
Part
1.2 Emergencies Regulation
2004
[1.3] Section
5 (1) (b) (i)
omit
emergency services commissioner
substitute
emergency services authority
Part
1.3 Financial Management Act
1996
[1.4] Sections
54 (1) and 76 (2)
insert
• Emergency Services Authority
Part
1.4 Fuels Control Act
1979
omit
emergency services commissioner
substitute
emergency services authority
omit
emergency services commissioner
substitute
emergency services authority
omit
emergency services commissioner
substitute
emergency services authority
omit
• emergency services commissioner
substitute
• emergency services authority
Part
1.5 Legislation Act
2001
[1.9] Dictionary,
part 1, new definition of emergency services
authority
insert
emergency services authority means the ACT Emergency Services
Authority under the Emergencies Act 2004.
Part
1.6 Planning and Development
Regulation 2008
[1.10] Section
26 (1) (d)
substitute
(d) the emergency services authority;
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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