Northern Territory Numbered Acts Northern Territory Numbered ActsSections 7 and 8
repeal, insert
(1) The Administrator may, by commission, appoint a person to be the Commissioner of Fire and Emergency Services.
(2) The Commissioner holds office on the terms and conditions, including remuneration, expenses and allowances, determined by the Administrator from time to time.
(3) The Commissioner must exercise all the powers and perform all the functions of office in accordance with the written directions, if any, given by the Minister.
(4) The Commissioner has general control and overall responsibility for the management of the Fire and Rescue Service.
(5) Without limiting subsection (4), the functions of the Commissioner are to do the following:
(a) make provision in every emergency response area, so far as the capacity and resources of the Fire and Rescue Service permits, for the effective response to all incidents, including preventing, suppressing and extinguishing fires or dealing with emergencies and for the safety of people and property endangered by fire or other emergencies;
(b) ensure that the Fire and Rescue Service is maintained in accordance with this Act and in a state of operational readiness;
(c) review the efficiency and effectiveness of the Fire and Rescue Service;
(d) make provision for effective cooperation between the Fire and Rescue Service, the Bushfires Council established by section 21 of the Bushfires Management Act 2016 and the Northern Territory Emergency Service as defined in section 8 of the Emergency Management Act 2013 ;
(e) enter into agreements and protocol arrangements with organisations, either within or outside the Territory, that can assist the Fire and Rescue Service in the performance of its role under this Act;
(f) enter into contractual arrangements for the provision of fire and rescue services, whether within an emergency response area or not;
(g) enter into contractual arrangements for the provision of services ancillary to fire and rescue services, including (but not limited to) the supply, installation and monitoring of fire alarm systems;
(h) enter into contractual arrangements for the provision (with or without charge) of training programs and public awareness programs.
(6) The Commissioner has the powers necessary to perform the Commissioner's functions.
(7) The Commissioner may resign office by written notice given to the Administrator.
(8) A notice of resignation under subsection (7) has effect when accepted by the Administrator.
(1) The Minister may, in writing, appoint a person to act as the Commissioner:
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the Commissioner is absent or unable to perform the duties of the position.
(2) A person appointed to act as the Commissioner during a vacancy in the office must not continue to act for more than 12 months after the vacancy occurred.
(3) If a person is appointed under subsection (1)(b) and that position becomes vacant while the person is acting, the person may continue to act in that office until:
(a) the Minister otherwise directs; or
(b) the office ceases to be vacant; or
(c) the person resigns their appointment; or
(d) the day 12 months after the day the vacancy occurred.
(4) A person may resign an appointment under subsection (1) by written notice given to the Minister.
(5) A notice of resignation under subsection (4) has effect when accepted by the Minister.
(6) The validity of anything done by a person acting as Commissioner under subsection (1) must not be called in question by reason of the following:
(a) any defect or irregularity in or in connection with the appointment;
(b) that the occasion for the appointment had not arisen;
(c) that the appointment had ceased to have effect.
(1) There is a Chief Officer of the Fire and Rescue Service appointed by the Commissioner.
(2) The Chief Officer must be a person with substantial experience in the emergency response activities of a fire and rescue service.