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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:



1 Name of Act

This Act is the Emergencies (ESA) Amendment Act 2009.

2 Commencement

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)).

3 Legislation amended

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 Act

Section 3 (c)

omit

commissioner

substitute

authority

5 Chapter 2

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 service

Section 28 (1)

omit

chief executive may, after consulting the commissioner,

substitute

Executive must, after appropriate consultation

7 Section 28 (1), note 2

omit

8 Section 28 (2)

omit

chief executive

substitute

Executive

9 Chief officer—fire brigade

Section 29 (1)

omit

chief executive may, after consulting the commissioner,

substitute

Executive must, after appropriate consultation,

10 Section 29 (1), note 2

omit

11 Section 29 (2)

omit

chief executive

substitute

Executive

12 Chief officer—rural fire service

Section 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

14 Section 30 (2)

omit

chief executive

substitute

Executive

15 Chief officer—SES

Section 31 (1)

omit

chief executive may, after consulting the commissioner,

substitute

Executive must, after appropriate consultation,

16 Section 31 (1), note 2

omit

17 Section 31 (2)

omit

chief executive

substitute

Executive

18 Deputy chief officers

Section 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 officers

Section 34 (2)

omit

commissioner’s guidelines

substitute

authority guidelines

21 Directions by chief officer to service members

Section 35 (3)

omit

commissioner and the commissioner’s guidelines

substitute

authority and the authority guidelines

22 Chief officers to advise commissioner

Section 36

omit

commissioner

substitute

authority

23 Appointment of volunteer members

Section 59B (2)

omit

commissioner’s guidelines

substitute

authority guidelines

24 Volunteer appointments in accordance with guidelines

Section 59C (1) and (4)

omit

commissioner’s guidelines

substitute

authority guidelines

25 Decision about approval

Section 62 (2)

omit

commissioner

substitute

authority

26 Sections 71 to 73

omit

commissioner

substitute

authority

27 Assessment of resources and capabilities

Section 76

omit

commissioner

substitute

authority

28 Directions by commissioner to owner of land

Section 82

omit

commissioner

substitute

authority

29 Section 114 etc

omit

commissioner

substitute

authority

in

• section 114

• section 115

• section 117

• section 118

• section 119

• section 123

30 Lighting fires for burning off

Section 123 (4)

omit

commissioner’s

substitute

authority’s

31 Section 124 and 130

omit

commissioner

substitute

authority

32 Chief executive to give support to bushfire council

Section 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 liability

New section 198 (1) (ca)

insert

(ca) any other member of the staff of the authority; or

35 Approved forms

Section 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

[1.2] Dictionary, note 2

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

[1.5] Section 12

omit

emergency services commissioner

substitute

emergency services authority

[1.6] Section 12A

omit

emergency services commissioner

substitute

emergency services authority

[1.7] Section 17 (c)

omit

emergency services commissioner

substitute

emergency services authority

[1.8] Dictionary, note 2

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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