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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Emergency Service Amendment
(Volunteer Consultative Council) Bill
2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to establish the SES Volunteer Joint Consultative Council
(the Consultative Council). The Consultative Council will advise and report to the
Commissioner of the State Emergency Service (the Commissioner) on matters
relevant to volunteer members of SES units. The Bill also makes provision in relation
to the membership and procedure of the Consultative Council.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.
Schedule 1 Amendment of State Emergency Service
Act 1989 No 164
Schedule 1 [3] inserts Part 5B (proposed sections 24Z-24ZC) into the State
Emergency Service Act 1989 (the principal Act). Proposed section 24Z provides for
b2010-033-16.d08
State Emergency Service Amendment (Volunteer Consultative Council) Bill 2010
Explanatory note
the establishment of the Consultative Council. Proposed section 24ZA provides for
the Consultative Council to consist of 7 members, being the Commissioner, 3 staff
members of the State Emergency Service appointed on the recommendation of the
Commissioner, the President of the New South Wales State Emergency Service
Volunteers Association Incorporated and 2 persons appointed on the
recommendation of that Association (with one of those persons being a volunteer
officer who is a deputy to a region controller or is a local controller or unit controller).
Proposed section 24ZB provides that the Consultative Council has the function of
advising and reporting to the Commissioner on any matter relevant to volunteer
members of SES units. Proposed section 24ZC requires certain membership
information to be included in the annual report of the State Emergency Service.
Schedule 1 [7] inserts Schedule 3 into the principal Act. Schedule 3 makes provision
in relation to the terms of office of the members of the Consultative Council
appointed by the Minister, remuneration of members, the appointment of deputies of
members, vacancies in office, the Chair of the Consultative Council and other
matters relating to the constitution of the Consultative Council. Schedule 3 also
makes provision in relation to the procedure of the Consultative Council including
matters such as requirements for a quorum, voting, subcommittees and the minutes
of meetings.
Schedule 1 [1] inserts a definition of Consultative Council into the principal Act.
Schedule 1 [2] provides that SES expenditure includes recurrent expenditure
incurred during the year in respect of the administrative costs of the Consultative
Council. Part 5A of the principal Act requires the Minister to prepare an estimate of
SES expenditure for each financial year, provides for the payment of SES
contributions to meet SES expenditure and allows for payments to be made in respect
of SES expenditure.
Schedule 1 [4] and [5] provide for protection from personal liability for members of
the Consultative Council in relation to the exercise of the functions of the
Consultative Council (provided that the matter or thing in question was done in good
faith).
Schedule 1 [6] enables regulations of a savings or transitional nature to be made as
a consequence of the enactment of the proposed Act.
Schedule 2 Amendment of Freedom of Information
Regulation 2005
Schedule 2 makes an amendment to ensure that the Consultative Council is taken to
be included in the State Emergency Service (rather than being treated as a separate
entity) for the purposes of complying with the requirements contained in the
Freedom of Information Act 1989.
Explanatory note page 2
First print
New South Wales
State Emergency Service Amendment
(Volunteer Consultative Council) Bill
2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of State Emergency Service Act 1989 No 164 3
Schedule 2 Amendment of Freedom of Information Regulation 2005 12
b2010-033-16.d08
New South Wales
State Emergency Service Amendment
(Volunteer Consultative Council) Bill
2010
No , 2010
A Bill for
An Act to amend the State Emergency Service Act 1989 to establish the SES
Volunteer Joint Consultative Council and make provision for its functions,
membership and procedure.
State Emergency Service Amendment (Volunteer Consultative Council) Bill
Clause 1 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the State Emergency Service Amendment (Volunteer 3
Consultative Council) Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
State Emergency Service Amendment (Volunteer Consultative Council) Bill
2010
Amendment of State Emergency Service Act 1989 No 164 Schedule 1
Schedule 1 Amendment of State Emergency Service 1
Act 1989 No 164 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
Consultative Council means the SES Volunteer Joint 5
Consultative Council. 6
[2] Section 24A Definitions 7
Insert ", the Consultative Council" after "State Emergency Service" in 8
paragraph (c) of the definition of SES expenditure. 9
[3] Part 5B 10
Insert after section 24Y: 11
Part 5B SES Volunteer Joint Consultative Council 12
24Z Establishment of SES Volunteer Joint Consultative Council 13
There is established by this Act an SES Volunteer Joint 14
Consultative Council. 15
24ZA Membership and procedure of Consultative Council 16
(1) The Consultative Council is to consist of 7 members as follows: 17
(a) the Commissioner, who is to be the Chair of the Council, 18
(b) 3 persons, who are to be members of staff of the State 19
Emergency Service, appointed by the Minister on the 20
recommendation of the Commissioner, 21
(c) the President of the New South Wales State Emergency 22
Service Volunteers Association Incorporated, 23
(d) 2 persons appointed by the Minister on the 24
recommendation of the New South Wales State 25
Emergency Service Volunteers Association Incorporated, 26
one of whom is to be a volunteer officer who is a deputy to 27
a region controller or is a local controller or unit controller. 28
(2) Schedule 3 contains provisions relating to members and 29
procedure of the Consultative Council. 30
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State Emergency Service Amendment (Volunteer Consultative Council) Bill
2010
Schedule 1 Amendment of State Emergency Service Act 1989 No 164
24ZB Functions of the Consultative Council 1
(1) The Consultative Council has the following functions: 2
(a) to advise and report to the Commissioner on any matter 3
relevant to volunteer members of SES units, 4
(b) such other functions as may be conferred or imposed on it 5
by or under this or any other Act. 6
(2) The Consultative Council may give advice and make reports 7
whether or not the advice or reports were requested. 8
24ZC Reporting requirement 9
The following are to be included in the annual report of the State 10
Emergency Service under the Annual Reports (Departments) 11
Act 1985 for each financial year: 12
(a) the names of each member of the Consultative Council 13
holding office during the financial year, 14
(b) the period of the year during which the member held 15
office, 16
(c) a record of the attendance of those members at any meeting 17
of the Consultative Council held during the financial year. 18
[4] Section 25 Personal liability of members of Service and Consultative 19
Council and volunteers 20
Insert at the end of section 25 (1) (c): 21
or 22
(d) a member of the Consultative Council, 23
[5] Section 25 (1) 24
Insert "or the Consultative Council" after "assisting the State Emergency 25
Service". 26
[6] Schedule 1 Savings, transitional and other provisions 27
Insert at the end of clause 1 (1): 28
State Emergency Service Amendment (Volunteer Consultative 29
Council) Act 2010 30
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State Emergency Service Amendment (Volunteer Consultative Council) Bill
2010
Amendment of State Emergency Service Act 1989 No 164 Schedule 1
[7] Schedule 3 1
Insert after Schedule 2: 2
Schedule 3 Constitution and procedure of 3
Consultative Council 4
(Section 24ZA) 5
Part 1 General 6
1 Definitions 7
In this Schedule: 8
appointed member means a member of the Consultative Council 9
who is appointed by the Minister. 10
Chair means the Chair of the Consultative Council. 11
member means any member of the Consultative Council. 12
staff member means a member of the Consultative Council 13
appointed under section 24ZA (1) (b). 14
volunteer member means a member of the Consultative Council 15
specified in section 24ZA (1) (c) or (d). 16
Part 2 Constitution 17
2 Terms of office of appointed members 18
Subject to this Schedule, an appointed member holds office for 19
such period (not exceeding 5 years) as is specified in the 20
member's instrument of appointment, but is eligible (if otherwise 21
qualified) for re-appointment. 22
3 Remuneration 23
(1) The Chair is not entitled to be paid remuneration in respect of the 24
duties he or she performs as Chair. 25
(2) A staff member is not entitled to be paid remuneration in respect 26
of the duties he or she performs as a member. 27
(3) A volunteer member is only entitled to be paid such travelling 28
and subsistence allowances as the Commissioner may from time 29
to time determine in respect of the member. 30
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State Emergency Service Amendment (Volunteer Consultative Council) Bill
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Schedule 1 Amendment of State Emergency Service Act 1989 No 164
4 Deputies 1
(1) The Chair may, from time to time, appoint a person to be the 2
Chair's deputy, and may revoke any such appointment. 3
(2) The Chair may, from time to time, approve of a person to be the 4
deputy of a member (on the recommendation of that member) 5
and may appoint the approved person to be the deputy of the 6
member, and may revoke any such appointment. 7
(3) In the absence of the Chair, the Deputy Chair may, if available, 8
act in the place of the Chair. 9
(4) In the absence of a member, the member's deputy may, if 10
available, act in the place of the member. 11
(5) While acting in the place of the Chair, the Deputy Chair has all 12
the functions of the Chair and is taken to be the Chair. 13
(6) While acting in the place of a member, a person has all the 14
functions of the member and is taken to be a member. 15
(7) For the purposes of this clause, a vacancy in the office of a 16
member is taken to be an absence of the member. 17
5 Vacancy in office of member 18
(1) The office of a member becomes vacant if the member: 19
(a) dies, or 20
(b) completes a term of office and is not re-appointed, or 21
(c) resigns the office by instrument in writing addressed to the 22
Minister, or 23
(d) is removed from office by the Minister under this clause or 24
by the Governor under Chapter 5 of the Public Sector 25
Employment and Management Act 2002, or 26
(e) is absent from 3 consecutive meetings of the Consultative 27
Council of which reasonable notice has been given to the 28
member personally or by post, except on leave granted by 29
the Chair or unless the member is excused by the Chair for 30
having been absent from those meetings, or 31
(f) becomes bankrupt, applies to take the benefit of any law 32
for the relief of bankrupt or insolvent debtors, compounds 33
with his or her creditors or makes an assignment of his or 34
her remuneration for their benefit, or 35
(g) becomes a mentally incapacitated person, or 36
(h) is convicted in New South Wales of an offence that is 37
punishable by imprisonment for 12 months or more or is 38
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State Emergency Service Amendment (Volunteer Consultative Council) Bill
2010
Amendment of State Emergency Service Act 1989 No 164 Schedule 1
convicted elsewhere than in New South Wales of an 1
offence that, if committed in New South Wales, would be 2
an offence so punishable. 3
(2) The Chair vacates office as Chair if he or she: 4
(a) is removed from office by the Minister under this clause, 5
or 6
(b) ceases to be a member. 7
(3) The President of the New South Wales State Emergency Service 8
Volunteers Association Incorporated vacates office as a member 9
if he or she: 10
(a) is removed from office by the Minister under this clause, 11
or 12
(b) ceases to be a member. 13
(4) The Minister may at any time remove the Chair or any other 14
member from office. 15
6 Filling of vacancy in office of appointed member 16
If the office of any appointed member becomes vacant, a person 17
is, subject to this Act, to be appointed to fill the vacancy. 18
7 Disclosure of pecuniary interests 19
(1) If: 20
(a) a member has a direct or indirect pecuniary interest in a 21
matter being considered or about to be considered at a 22
meeting of the Consultative Council, and 23
(b) the interest appears to raise a conflict with the proper 24
performance of the member's duties in relation to the 25
consideration of the matter, 26
the member must, as soon as possible after the relevant facts have 27
come to the member's knowledge, disclose the nature of the 28
interest at a meeting of the Consultative Council. 29
(2) A disclosure by a member at a meeting of the Consultative 30
Council that the member: 31
(a) is a member, or is in the employment, of a specified 32
company or other body, or 33
(b) is a partner, or is in the employment, of a specified person, 34
or 35
(c) has some other specified interest relating to a specified 36
company or other body or to a specified person, 37
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State Emergency Service Amendment (Volunteer Consultative Council) Bill
2010
Schedule 1 Amendment of State Emergency Service Act 1989 No 164
is a sufficient disclosure of the nature of the interest in any matter 1
relating to that company or other body or to that person which 2
may arise after the date of the disclosure and which is required to 3
be disclosed under subclause (1). 4
(3) Particulars of any disclosure made under this clause must be 5
recorded by the Consultative Council in a book kept for the 6
purpose and that book must be open at all reasonable hours for 7
inspection by any person on payment of the fee determined by the 8
Consultative Council. 9
(4) After a member has disclosed the nature of an interest in any 10
matter, the member must not, unless the Minister or the 11
Consultative Council otherwise determines: 12
(a) be present during any deliberation of the Consultative 13
Council with respect to the matter, or 14
(b) take part in any decision of the Consultative Council with 15
respect to the matter. 16
(5) For the purposes of the making of a determination by the 17
Consultative Council under subclause (4), a member who has a 18
direct or indirect pecuniary interest in a matter to which the 19
disclosure relates must not: 20
(a) be present during any deliberation of the Consultative 21
Council for the purpose of making the determination, or 22
(b) take part in the making by the Consultative Council of the 23
determination. 24
(6) A contravention of this clause does not invalidate any decision of 25
the Consultative Council. 26
8 Effect of certain other Acts 27
(1) Chapter 2 of the Public Sector Employment and Management 28
Act 2002 does not apply to or in respect of the appointment of a 29
member. 30
(2) If by or under any Act provision is made: 31
(a) requiring a person who is the holder of a specified office to 32
devote the whole of his or her time to the duties of that 33
office, or 34
(b) prohibiting the person from engaging in employment 35
outside the duties of that office, 36
the provision does not operate to disqualify the person from 37
holding that office and also the office of a member or from 38
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State Emergency Service Amendment (Volunteer Consultative Council) Bill
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Amendment of State Emergency Service Act 1989 No 164 Schedule 1
accepting and retaining any remuneration payable to the person 1
under this Act as a member. 2
(3) The office of a member is not, for the purposes of any Act, an 3
office or place of profit under the Crown. 4
Part 3 Procedure 5
9 General procedure 6
The procedure for the calling of meetings of the Consultative 7
Council and for the conduct of business at those meetings is, 8
subject to this Act and the regulations, to be as determined by the 9
Chair. 10
10 Validity of certain acts or proceedings 11
Any act or proceeding of the Consultative Council is, even 12
though at the time when the act or proceeding was done, taken or 13
commenced there was: 14
(a) a vacancy in the office of a member of the Consultative 15
Council, or 16
(b) any defect in the appointment, or any disqualification of a 17
member of the Consultative Council, 18
as valid as if the vacancy, defect or disqualification did not exist 19
and the Consultative Council was fully and properly constituted. 20
11 Quorum 21
The quorum for a meeting of the Consultative Council is 2 staff 22
members, 2 volunteer members and the Chair. 23
12 Chair to be presiding member 24
(1) The Chair is to preside at a meeting of the Consultative Council. 25
(2) The Chair has a deliberative vote and, in the event of an equality 26
of votes, has a second or casting vote. 27
13 Voting 28
A decision supported by a majority of the votes cast at a meeting 29
of the Consultative Council at which a quorum is present is the 30
decision of the Consultative Council. 31
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State Emergency Service Amendment (Volunteer Consultative Council) Bill
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Schedule 1 Amendment of State Emergency Service Act 1989 No 164
14 Subcommittees 1
(1) The Consultative Council may, with the approval of the Chair, 2
establish subcommittees to assist the Consultative Council in the 3
exercise of its functions. 4
(2) The members of a subcommittee are to be appointed by the 5
Consultative Council and may consist of any of the following: 6
(a) staff of the State Emergency Service, 7
(b) volunteer officers and volunteer members of SES units. 8
(3) The procedures for calling meetings of a subcommittee and for 9
the conduct of those meetings are to be determined by the 10
Consultative Council or (subject to any determination by the 11
Consultative Council) by the subcommittee. 12
(4) The Consultative Council may delegate to a subcommittee any of 13
the functions of the Consultative Council, other than this power 14
of delegation. 15
15 Transaction of business outside meetings or by telephone 16
(1) The Consultative Council may, if the Chair and the President of 17
the New South Wales State Emergency Service Volunteers 18
Association Incorporated both think fit, transact any of its 19
business by the circulation of papers among all the members of 20
the Council for the time being, and a resolution in writing 21
approved in writing by a majority of those members is taken to be 22
a decision of the Consultative Council. 23
(2) The Consultative Council may, if the Chair and the President of 24
the New South Wales State Emergency Service Volunteers 25
Association Incorporated both think fit, transact any of its 26
business at a meeting at which members (or some members) 27
participate by telephone, closed-circuit television or other means, 28
but only if any member who speaks on a matter before the 29
meeting can be heard by the other members. 30
(3) For the purposes of: 31
(a) the approval of a resolution under subclause (1), or 32
(b) a meeting held in accordance with subclause (2), 33
the Chair and each member have the same voting rights as they 34
have at an ordinary meeting of the Consultative Council. 35
(4) A resolution approved under subclause (1) is, subject to the 36
regulations, to be recorded in the minutes of the meetings of the 37
Consultative Council. 38
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State Emergency Service Amendment (Volunteer Consultative Council) Bill
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Amendment of State Emergency Service Act 1989 No 164 Schedule 1
(5) Papers may be circulated among the members for the purposes of 1
subclause (1) by facsimile or other transmission of the 2
information in the papers concerned. 3
16 Minutes 4
(1) The Consultative Council is to keep full and accurate minutes of 5
its proceedings at meetings. 6
(2) The Consultative Council is to submit a copy of the minutes of a 7
meeting of the Council to the Minister within 14 days after the 8
date on which the meeting is held. 9
17 First meeting 10
The Minister may call the first meeting of the Consultative 11
Council in such manner as the Minister thinks fit. 12
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State Emergency Service Amendment (Volunteer Consultative Council) Bill
2010
Schedule 2 Amendment of Freedom of Information Regulation 2005
Schedule 2 Amendment of Freedom of Information 1
Regulation 2005 2
Schedule 3 Public authorities 3
Insert in appropriate order in the Columns headed "Body" and "Agency", 4
respectively, in Part 3: 5
6
SES Volunteer Joint Consultative Council State Emergency Service
Page 12
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