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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Fire and Emergency Services (Miscellaneous) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Fire
and Emergency Services Act 2005
and to make a related amendment to the
Emergency
Management Act 2004
.
Contents
Part 2—Amendment of Fire and Emergency
Services Act 2005
4Amendment of section
3—Interpretation
5Amendment of section 26—Functions and
powers
6Amendment of section 37—Rectification
where safeguards inadequate
7Amendment of section 38—Closure orders
etc
8Amendment of section
42—Powers
58AParliamentary
recognition of SACFS Volunteer Charter
10Amendment of section 59—Functions and
powers
11Amendment of section 68—Establishment of
SACFS
12Insertion of Part 4 Division 5A
69BDesignated areas for
industry brigades
69CEstablishment of industry
brigades
69DRegistration of
industry brigades
69EChief Officer
may give directions
69FExclusion of
certain claims
13Amendment of section 70—Command
structure
14Insertion of Part 4 Division 6A
Division 6A—Fire and emergency
safeguards
70BPower to enter
and inspect a public building
70CRectification
where safeguards inadequate
70EPowers in
relation to places at which danger of fire may exist
15Amendment of section 71—State Bushfire
Coordination Committee
16Amendment of section 71A—Functions of
State Bushfire Coordination Committee
18Amendment of section
72A—Establishment of bushfire management committees
19Amendment of section 72B—Functions of
bushfire management committees
20Repeal of Part 4 Division 7A
21Amendment of section 80—Total fire
ban
22Amendment of section 81—Permit to light
and maintain a fire
23Amendment of section 82—Power to
direct
24Amendment of section 94—Failure by a
council to exercise statutory powers
25Amendment of section
97—Powers
107AParliamentary
recognition of SASES Volunteer Charter
27Amendment of section 108—Functions and
powers
28Amendment of section
116—SASES units
29Insertion of Part 5
Division 4A
30Amendment of section
118—Powers
32Amendment of section 142—Payment of
costs and expenses for certain vessels and property
33Amendment of section
143—Fees
34Amendment of Schedule
5—Regulations
Schedule 1—Related amendments and
transitional provisions
Part 1—Amendment of Emergency
Management Act 2004
5BReports to State
Bushfire Coordination Committee and Chief Officer of SACFS
Part 2—Transitional
provisions
2Bushfire management committees
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Fire and Emergency Services (Miscellaneous)
Amendment Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Fire and Emergency Services
Act 2005
4—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of "Board" insert:
business day means a day other than a Saturday or a Sunday or
other public holiday;
(2) Section 3(1)—after the definition of emergency
insert:
Emergency Management Zone means an Emergency Management Zone
under the State Emergency Management Plan;
(3) Section 3(1)—after the definition of industrial
agreement insert:
industry brigade means a brigade registered under Part 4
Division 5A;
(4) Section 3(1)—after the definition of SACFS
insert:
SACFS brigade means a brigade established under section
68;
(5) Section 3(1)—after the definition of spouse
insert:
State Emergency Management Plan means the State Emergency
Management Plan under the
Emergency
Management Act 2004
;
(6) Section 3—after subsection (1) insert:
(1a) A reference in this or any other Act to—
(a) an officer of SACFS includes a reference to a member of
an industry brigade designated as an officer of that brigade by the Chief
Officer of SACFS; and
(b) a member of SACFS includes a reference to a member of an
industry brigade.
(1b) To avoid doubt, Part 4 Divisions 1 to 3 (inclusive) of this Act do
not apply in relation to an officer or member of an industry brigade.
5—Amendment
of section 26—Functions and powers
Section 26(3)—after paragraph (f) insert:
(g) record, possess or use moving or still images for the purposes of its
operations and activities, including for training purposes.
6—Amendment
of section 37—Rectification where safeguards
inadequate
(1) Section 37(4)—after "section 71(18) of the
Development
Act 1993
" insert:
or section 157(16) of the
Planning,
Development and Infrastructure Act 2016
(2) Section 37(5)—after "the
Development
Act 1993
" insert:
or the
Planning,
Development and Infrastructure Act 2016
(3) Section 37(5)—delete "that Act" and substitute:
the relevant Act
7—Amendment
of section 38—Closure orders etc
(1) Section 38(1)(a)—delete paragraph (a) and substitute:
(a) may issue a closure order requiring the occupier of the building to
close the building immediately; or
(2) Section 38(1)(b)—delete "for such period as the Chief Officer or
authorised officer considers necessary (but not exceeding 48 hours) for the
alleviation of the danger" and substitute:
by giving all people present in the building an order to leave the building
and, on being satisfied that all such persons have left the building, securing
the building to prevent entry by any persons (other than persons authorised to
enter the building by the Chief Officer or an authorised officer)
(3) Section 38(2)—delete subsection (2) and substitute:
(2) A closure order under subsection (1)(a)—
(a) may be given orally or by notice in writing served on the occupier of
the building; and
(b) ceases to be in force on the expiration of 2 full business days after
the day on which the order was given (or such shorter period as the Chief
Officer or authorised officer may specify in the order).
(2a) An order given to people present in the building under
subsection (1)(b)—
(a) may be given by affixing a written notice containing the order in a
prominent place near the main entrance to the building; and
(b) ceases to be in force on the expiration of 2 full business days after
the day on which the order was given (or such shorter period as the Chief
Officer or authorised officer may specify in the order).
(4) Section 38(4)—after "building" second occurring
insert:
(whether or not an order is also given to people present in the building
under subsection (1)(b))
(5) Section 38(5)—delete subsection (5) and substitute:
(5) The written notice containing a closure order—
(a) must describe the danger that, in the opinion of the Chief Officer or
authorised officer, necessitates closure of the building; and
(b) ceases to be in force on the expiration of 2 full business days after
the day on which the order was given (or such shorter period as the Chief
Officer or authorised officer may specify in the order).
(6) Section 38(6)—after "section 71(18) of the
Development
Act 1993
" insert:
or section 157(16) of the
Planning,
Development and Infrastructure Act 2016
(7) Section 38(7)—after "order" insert:
(not being an order granted by the Magistrates Court under subsection
(9))
(8) Section 38(8)—delete "specified in the order, he or she may,
after having given prior notice of his or her" and substitute:
for which the order applies, the Chief Officer or authorised officer may,
after having given prior notice of the
8—Amendment
of section 42—Powers
(1) Section 42(5)—delete "in control at the scene of a fire or other
emergency" and substitute:
, acting in relation to a fire or other emergency,
(2) Section 42—after subsection (5) insert:
(5a) The Chief
Officer may determine that the powers of an officer under subsection (5) may
only be exercised by officers of or above a certain rank.
After section 58 insert:
58A—Parliamentary recognition of SACFS Volunteer
Charter
(1) The Parliament recognises that SACFS is first and foremost a
volunteer-based organisation, in which volunteer officers and members are
supported by employees in a fully integrated manner.
(2) The Parliament recognises that the SACFS Volunteer
Charter—
(a) is a statement of the commitment and principles that apply to the
relationship between the Government of South Australia, the Commission, SACFS
and volunteer officers and members; and
(b) requires that the Government of South Australia, the Commission and
SACFS recognise, value, respect and promote the contribution of volunteer
officers and members to the well-being and safety of the community;
and
(c) requires that the Government of South Australia, the Commission and
SACFS commit to consulting with the Country Fire Service Volunteers Association
on behalf of volunteer officers and members on any matter that might reasonably
be expected to affect them.
(3) SACFS must, in performing its functions, have regard to the
commitments and principles set out in the SACFS Volunteer Charter.
(4) SACFS has a responsibility to develop policy and organisational
arrangements that encourage, maintain and strengthen the capacity of volunteer
officers and members to provide SACFS services.
(5) In this section—
SACFS Volunteer Charter means the SACFS Volunteer Charter
prepared in consultation with the Government of South Australia, the Commission,
SACFS, the Country Fire Service Volunteers Association and SACFS volunteers, as
in force from time to time.
10—Amendment
of section 59—Functions and powers
Section 59(3)—after paragraph (f) insert:
(g) record, possess or use moving or still images for the purposes of its
operations and activities, including for training purposes.
11—Amendment
of section 68—Establishment of SACFS
Section 68(1)(b)—delete "SACFS" second occurring
12—Insertion
of Part 4 Division 5A
After Part 4 Division 5 insert:
Division 5A—Industry Brigades
69A—Preliminary
In this Division—
designated area means an area of land designated by the Chief
Officer in accordance with
section 69B(1)
;
District Court means the Administrative and Disciplinary
Division of the District Court;
prescribed person means—
(a) an owner of land in a designated area; or
(b) an occupier of land in a designated area; or
(c) a person who holds a right to harvest forest vegetation (within the
meaning of the
Forest
Property Act 2000
) in a designated area; or
(d) any other person or body with an interest in a designated
area;
responsible person—the responsible person for an
industry brigade is—
(a) if the Chief
Officer designates a person as the responsible person under this
paragraph—that person; or
(b) if no designation is made under
paragraph (a)
—the prescribed person required to establish the industry brigade
under
section 69C
.
69B—Designated areas for industry
brigades
(1) The Chief
Officer may, in accordance with the regulations, by notice in the Gazette,
designate an area of land that is not within a fire district as an area of land
in relation to which the Chief Officer considers an industry brigade should be
established.
(2) The Chief Officer may, by further notice in the Gazette, vary or
revoke a notice under
subsection (1)
.
69C—Establishment of industry
brigades
(1) The Chief
Officer may, in accordance with the regulations, give a prescribed person a
written notice relating to a designated area requiring the prescribed person,
within a time specified in the notice—
(a) to establish an industry brigade for the designated area;
and
(b) to apply to the Chief Officer for registration of the industry
brigade; and
(c) to—
(i) appoint members of the industry brigade; and
(ii) supply such plant, equipment, apparatus and devices as are specified
in the notice for use in the prevention or suppression of fires,
in accordance with any requirements specified in the notice.
(2) The Chief Officer may, by written notice given to a prescribed person
to whom a notice under this section has been given by the Chief Officer, vary or
revoke the notice.
(3) A prescribed person to whom a notice under this section has been given
may, within 14 days after the notice was given to the person, appeal against the
notice to the District Court.
(4) A prescribed person to whom a notice under this section has been given
must not contravene or fail to comply with the notice.
Maximum penalty:
(a) if the offender is a body corporate—$75 000;
(b) if the offender is a natural person—$20 000.
(5) The costs incurred in complying with a notice under this section will
be borne by the responsible person.
69D—Registration of industry
brigades
(1) The Chief
Officer may register an industry brigade.
(2) The Chief Officer may designate a member of an industry brigade as an
officer of the brigade.
(3) The Chief Officer may revoke the registration of an industry brigade
by written notice to the responsible person if the Chief Officer is satisfied
that there is no longer a need for the industry brigade.
69E—Chief Officer may give
directions
(1) The Chief Officer may give directions to the responsible person for an
industry brigade relating to—
(a) the supply of members of the industry brigade; and
(b) the provision, operation, maintenance and inspection of any plant,
equipment, apparatus or device of the industry brigade for use in the prevention
or suppression of fires; and
(c) the responsibilities of the industry brigade in relation to fire
prevention and suppression in the designated area, including
directions—
(i) requiring immediate reporting of a fire or other emergency;
and
(ii) requiring ongoing reporting of a fire or other emergency,
in accordance with any procedures determined by the Chief Officer;
and
(d) the requirements applying to the industry brigade in attending a fire;
and
(e) the functions and duties of the industry brigade in relation to the
prevention or mitigation of, or the means of dealing with, other emergencies;
and
(f) the operations of the industry brigade, and any related organisational
or administrative matters, including directions relating to the relationship
between the industry brigade and SACFS organisations; and
(g) the training requirements that are appropriate for members of the
industry brigade and the provision of reports on training provided;
and
(h) the submission to the Chief Officer on an annual basis (before the
commencement of the fire danger season) of a fire management plan; and
(i) any other matter the Chief Officer thinks fit.
(2) The Chief Officer may give directions to a member of an industry
brigade in connection with the member's performance of the member's functions
and duties as a member of the industry brigade.
(3) A person to whom a direction has been given under this section must
not contravene or fail to comply with the direction.
Maximum penalty:
(a) if the offender is a body corporate—$75 000;
(b) if the offender is a natural person—$20 000.
69F—Exclusion of certain
claims
A person cannot claim compensation from the Crown or SACFS in respect of a
notice, direction or requirement given under this Division, or on account of any
act or omission undertaken or made in good faith in the exercise (or purported
exercise) of a power under this Division.
13—Amendment
of section 70—Command structure
(1) Section 70(3)—before "brigades" insert:
SACFS
(2) Section 70—after subsection (7) insert:
(7a) The regulations may make any provision with respect to the
eligibility of employees of SACFS to be elected to an office.
14—Insertion
of Part 4 Division 6A
After section 70 insert:
Division 6A—Fire and emergency
safeguards
70A—Interpretation
(1) In this Division—
authorised officer means a person authorised by the Chief
Officer to exercise the powers of an authorised officer under this
Division;
emergency refers only to an emergency constituted of or
arising from the escape of any hazardous material, or a situation that involves
imminent danger of such escape;
occupier in respect of a public building, includes any person
apparently in charge of, or having the control and management of, the
building;
public building includes any structure or place (whether
permanent or temporary or fixed or moveable) that is enclosed or partly
enclosed—
(a) to which admission is open to members of the public or restricted to
persons who are members of a club or who possess any other qualification or
characteristic and whether admission is or is not procured by the payment of
money or on any other condition; or
(b) in which persons work under a contract of service.
(2) This Division applies only to a building, vehicle or place in the
country.
70B—Power to enter and inspect a public
building
(1) The Chief
Officer or an authorised officer may enter and inspect a public building for the
purpose of determining whether there are adequate safeguards against, or in the
event of, fire or other emergency.
(2) The Chief Officer or authorised officer—
(a) may exercise the powers conferred by
subsection (1)
at any reasonable time including any time when the building is open to the
public; and
(b) may, if there is reason to believe that urgent action is required, use
such force as is reasonable in the circumstances to enter and inspect the public
building.
70C—Rectification where safeguards
inadequate
(1) If, after having inspected a public building, the Chief Officer or
authorised officer is of the opinion that there are not adequate safeguards
against, or in the event of, fire or other emergency as a result
of—
(a) obstruction, closing or locking of an aisle, corridor, door, gangway,
lobby, passage, exit, escape or any other means of egress from the building;
or
(b) overcrowding of the building; or
(c) noncompliance with the requirements of this or any other
Act,
the Chief Officer or authorised officer may do 1 or more of the
following:
(d) using such force as is reasonably necessary, cause the aisle,
corridor, door, gangway, lobby, passage, exit, escape or other means of egress
from the building to be cleared, opened or unlocked (as the case
requires);
(e) in the event of overcrowding, cause persons to be removed from the
building;
(f) order the occupier to take specified action to rectify the situation
within a specified period.
(2) A rectification order may be given orally or by notice in writing
served on the occupier of the building.
(3) If a rectification order is given orally, the Chief Officer or
authorised officer must as soon as practicable cause a written notice containing
the order to be served on the occupier of the building.
(4) If a notice containing a rectification order is served on the occupier
of the building, the Chief Officer or authorised officer must as soon as
practicable cause a copy of the notice to be served on any authority established
under section 71(18) of the
Development
Act 1993
or section 157(16) of the
Planning,
Development and Infrastructure Act 2016
for the area in which the building is situated.
(5) If any matter or thing with respect to fire safety is regulated or
required to be done under the
Development
Act 1993
or the
Planning,
Development and Infrastructure Act 2016
, a person may not be ordered under this section to do anything in relation
to that matter or thing beyond what is necessary to achieve compliance with the
requirements under the relevant Act.
70D—Closure orders etc
(1) If, after
having inspected a public building, the Chief Officer or authorised officer is
satisfied that the safety of persons in the public building cannot reasonably be
ensured by other means, the Chief Officer or authorised officer—
(a) may issue a closure
order requiring the occupier of the building to close the building immediately;
or
(b) may, if a
closure order cannot for any reason be given to the occupier, or if a closure
order, having been given to the occupier, is not immediately obeyed, close the
building by giving all people present in the building an order to leave the
building and, on being satisfied that all such persons have left the building,
securing the building to prevent entry by any persons (other than persons
authorised to enter the building by the Chief Officer or an authorised
officer).
(2) A closure order under
subsection (1)(a)
—
(a) may be given orally or by notice in writing served on the occupier of
the building; and
(b) ceases to be in force on the expiration of 2 full business days after
the day on which the order was given (or such shorter period as the Chief
Officer or authorised officer may specify in the order).
(3) An order given to people present in the building under
subsection (1)(b)
—
(a) may be given by affixing a written notice containing the order in a
prominent place near the main entrance to the building; and
(b) ceases to be in force on the expiration of 2 full business days after
the day on which the order was given (or such shorter period as the Chief
Officer or authorised officer may specify in the order).
(4) If a closure order is given orally, the Chief Officer or authorised
officer must as soon as practicable cause a written notice containing the order
to be served on the occupier of the building.
(5) If a closure order cannot for any reason be given to the occupier of
the building, the Chief Officer or authorised officer must cause a written
notice containing the order to be affixed in a prominent place near the main
entrance to the building (whether or not an order is also given to people
present in the building in accordance with
subsection (1)(b)
).
(6) The written notice containing a closure order—
(a) must describe the danger that, in the opinion of the Chief Officer or
authorised officer, necessitates closure of the building; and
(b) ceases to be in force on the expiration of 2 full business days after
the day on which the order was given (or such shorter period as the Chief
Officer or authorised officer may specify in the order).
(7) If a notice containing a closure order is served on the occupier of
the building, the Chief Officer or authorised officer must as soon as
practicable cause a copy of the notice to be served on any authority established
under section 71(18) of the
Development
Act 1993
or section 157(16) of the
Planning,
Development and Infrastructure Act 2016
for the area in which the building is situated.
(8) When the Chief Officer or authorised officer is satisfied that the
danger has been alleviated, the Chief Officer or authorised officer may rescind
the order (not being an order granted by the Magistrates Court under
subsection (10)
).
(9) If the Chief
Officer or authorised officer is of the opinion that the danger cannot be, or
has not been, alleviated within the period for which the order applies, the
Chief Officer or authorised officer may, after having given prior notice of the
intention to do so to the occupier of the building, apply to the Magistrates
Court for an order directing the occupier to close or keep closed, as the case
requires, the building for such period as the Court considers necessary for the
alleviation of the danger.
(10) The
Magistrates Court may, on an application made under
subsection (9)
—
(a) grant the order, subject to such conditions as the Court sees fit to
impose; or
(b) refuse to grant the order,
and make such other orders as it thinks fit.
(11) If an application is made under
subsection (9)
while a building is closed pursuant to this section, the closure of the
building continues until the application is determined or withdrawn.
(12) The Chief
Officer or authorised officer, or the occupier or owner of a building to which
an order under
subsection (10)
applies, may apply to the Magistrates Court, at any time, for the order to
be rescinded.
(13) The Magistrates Court may, on an application made under
subsection (12)
, rescind or refuse to rescind the order to which that application relates
and make such other orders as it thinks fit.
70E—Powers in relation to places at which danger of
fire may exist
(1) The Chief Officer or an authorised officer may, at any time and using
such force as is reasonably required in the circumstances, enter and inspect any
building, vehicle or place at or in which the Chief Officer or authorised
officer has reason to believe explosives or any hazardous, combustible or
flammable materials or substances are being kept or any conditions exist that
are likely to be a source of danger to life or property in the event of fire, or
are likely to cause an outbreak of fire.
(2) If the Chief Officer or authorised officer finds explosives or any
hazardous, combustible or flammable materials or substances that are being kept
in an unsafe manner or finds any conditions that are likely to be a source of
danger to life or property in the event of fire, or likely to cause an outbreak
of fire, the Chief Officer or authorised officer may—
(a) take action to alleviate the danger;
(b) order the occupier or person apparently in charge of the building,
vehicle or place to take specified action within a specified period to alleviate
the danger.
(3) An order under this section may be given orally or by notice in
writing served on the occupier or person apparently in charge of the building,
vehicle or place.
(4) If an order under this section is given orally, the Chief Officer or
authorised officer must as soon as practicable cause a written notice containing
the order to be served on the occupier or person apparently in charge of the
building, vehicle or place.
70F—Related matters
(1) The Chief Officer or an authorised officer may, when exercising powers
conferred by this Division, be accompanied by 1 or more members of SACFS or
police officers as the Chief Officer or authorised officer thinks fit.
(2) A person must not fail to comply with—
(a) an order given by the Chief Officer or an authorised officer under
this Division; or
(b) an order of the Magistrates Court under this Division.
Maximum penalty: $5 000.
15—Amendment
of section 71—State Bushfire Coordination Committee
(1) Section 71(2)(a)—delete "(who will be the presiding member of
the committee)"
(2) Section 71(2)(b)—before subparagraph (i) insert:
(i1) 1 person, not being from the emergency services sector, who will be
appointed as the presiding member of the committee;
(3) Section 71(9)—delete "10 members" and substitute:
11 members
16—Amendment
of section 71A—Functions of State Bushfire Coordination
Committee
Section 71A(1)(e) and (f)—delete paragraphs (e) and (f) and
substitute:
(e) to prepare, and keep under review, the Rural Fire Hazard Plan and to
keep under review the extent to which—
(i) Emergency Management Zone plans relating to bushfire; and
(ii) policies, practices and strategies adopted or applied by management
committees for Emergency Management Zones relating to bushfire,
are consistent with the Rural Fire Hazard Plan;
(f) to oversee the implementation of the Rural Fire Hazard Plan and to
report to the Minister on any failure or delay in relation to the implementation
of the Plan;
Section 72—delete the section
18—Amendment
of section 72A—Establishment of bushfire management
committees
Section 72A(1)—delete "bushfire management area" and
substitute:
Emergency Management Zone
19—Amendment
of section 72B—Functions of bushfire management
committees
(1) Section 72B(1)(c) and (d)—delete paragraphs (c) and
(d)
(2) Section 72B(1)(e)—delete "other"
20—Repeal
of Part 4 Division 7A
Part 4 Division 7A—delete Division 7A
21—Amendment
of section 80—Total fire ban
(1) Section 80(2)—delete "from a radio station in the State" and
substitute:
, published or otherwise made available (in such manner as the Chief
Officer thinks fit) in the State or the part of the State to which the total
fire ban applies
(2) Section 80(3)—after "broadcast" insert:
, published or made available
(3) Section 80(5)—delete subsection (5) and substitute:
(5) If the Chief Officer wishes to vary or revoke a total fire ban under
this section, the Chief Officer must arrange to have the variation or revocation
broadcast, published or otherwise made available (in such manner as the Chief
Officer thinks fit) in the State or the part of the State to which the total
fire ban applies.
(4) Section 80(6)—delete "from a broadcasting station in this State"
and substitute:
, published or otherwise made available in the State or a specified part of
the State in accordance with this section
22—Amendment
of section 81—Permit to light and maintain a fire
Section 81—after subsection (13) insert:
(a) that is a rural council; or
(b) that has within its area a designated urban bushfire risk
area,
must appoint at least 1 person as an authorised officer for the purpose of
issuing permits under this section.
(13b) The Chief Officer may, on application by a council to which
subsection (13a)
applies, exempt the council from the requirement under that
subsection.
23—Amendment
of section 82—Power to direct
(1) Section 82(2)(a)—delete "a fire" and substitute:
or maintain a fire (whether or not pursuant to a permit under section
81)
(2) Section 82(2)(b)—after "lighted" insert:
or maintained
(3) Section 82(2)—after "lighting" insert:
or maintaining
(4) Section 82—after subsection (2) insert:
(2a) If an officer of SACFS is satisfied—
(a) that a person proposes to carry on an activity of a kind prescribed by
the regulations or any other activity that the officer is satisfied may cause a
fire; and
(b) that because of weather conditions the fire, if caused by the
activity, might get out of control,
the officer may direct that person to refrain from carrying on the activity
during a period specified in the direction.
24—Amendment
of section 94—Failure by a council to exercise statutory
powers
Section 94(4)(c)—delete "South Australian Bushfire Prevention
Advisory Committee" and substitute:
State Bushfire Coordination Committee
25—Amendment
of section 97—Powers
(1) Section 97(8) and (9)—delete subsections (8) and (9)
(2) Section 97(10)—delete "in control at the scene of a fire or
other emergency" and substitute:
, acting in relation to a fire or other emergency,
After section 107 insert:
107A—Parliamentary recognition of SASES Volunteer
Charter
(1) The Parliament recognises that SASES is first and foremost a
volunteer-based organisation, in which volunteer officers and members are
supported by employees in a fully integrated manner.
(2) The Parliament recognises that the SASES Volunteer
Charter—
(a) is a statement of the commitment and principles that apply to the
relationship between the Government of South Australia, the Commission, SASES
and volunteer officers and members; and
(b) requires that the Government of South Australia, the Commission and
SASES recognise, value, respect and promote the contribution of volunteer
officers and members to the well-being and safety of the community;
and
(c) requires that the Government of South Australia, the Commission and
SASES commit to consulting with the South Australian State Emergency Service
Volunteers Association on behalf of volunteer officers and members on any matter
that might reasonably be expected to affect them.
(3) SASES must, in performing its functions, have regard to the
commitments and principles set out in the SASES Volunteer Charter.
(4) SASES has a responsibility to develop policy and organisational
arrangements that encourage, maintain and strengthen the capacity of volunteer
officers and members to provide SASES services.
(5) In this section—
SASES Volunteer Charter means the SASES Volunteer Charter
prepared in consultation with the Government of South Australia, the Commission,
SASES, the South Australian State Emergency Service Volunteers Association and
SASES volunteers, as in force from time to time.
27—Amendment
of section 108—Functions and powers
Section 108(3)—after paragraph (e) insert:
(f) record, possess or use moving or still images for the purposes of its
operations and activities, including for training purposes.
28—Amendment
of section 116—SASES units
(1) Section 116(4) and (5)—delete subsections (4) and (5)
(2) Section 116(6)(a)—delete "or set out in its
constitution"
(3) Section 116(7)(a)—delete ", specified by its
constitution,"
29—Insertion
of Part 5 Division 4A
After section 116 insert:
Division 4A—Command structure
116A—Command structure
(1) There will be such officers within the SASES command structure as the
regulations may prescribe or as the Chief Officer thinks fit to
appoint.
(2) The Chief Officer, or the regulations, may provide that an employee of
SASES is not eligible for appointment to a specified rank or ranks within the
SASES.
(3) The relative authority of each officer and member of SASES will be in
accordance with a command structure determined by the Chief Officer.
(4) Each officer or member of SASES must recognise the authority and obey
the directions of an officer to whom that officer or member is
subordinate.
(5) The Chief
Officer may, on reasonable grounds—
(a) demote a person who holds a particular rank in SASES;
(b) disqualify a person from holding a rank in SASES;
(c) disqualify a person from membership of SASES;
(d) exercise any other disciplinary power in accordance with the
regulations.
(6) Before taking action against a person under
subsection (5)
, the Chief Officer must give the person a reasonable opportunity to appear
before the Chief Officer (either personally or through the person's
representative) and to make submissions in relation to the proposed course of
action.
30—Amendment
of section 118—Powers
Section 118—after subsection (4) insert:
(4a) If an officer
of SASES, acting in relation to an emergency, engages a contractor to demolish,
contain, neutralise, dispose of or remove any dangerous or hazardous structure,
object, substance or materials, the costs of engaging the contractor are
recoverable by SASES as a debt from the owner of the dangerous structure,
object, substance or materials in a court of competent jurisdiction.
(4b) The Chief
Officer may determine that the powers of an officer under
subsection (4a)
may only be exercised by officers of or above a certain rank.
(4c) In any proceedings under
subsection (4a)
, a certificate apparently signed by the Chief Officer certifying the costs
of engaging the contractor is, in the absence of proof to the contrary, to be
accepted as proof of the costs so certified.
After section 127 insert:
127A—Employment
A person who is absent from employment on official duties as a member of an
emergency services organisation, in connection with a fire or other emergency,
is not liable to be dismissed or prejudiced in employment by reason of that
absence.
32—Amendment
of section 142—Payment of costs and expenses for certain vessels and
property
(1) Section 142(1)—delete "or an SACFS brigade attends at the scene
of a fire or other emergency occurring on a prescribed vessel, the costs and
expenses incurred by the fire brigade or brigade (as the case may be)" and
substitute:
, an SACFS brigade or an SASES unit attends at the scene of a fire or other
emergency occurring on a prescribed vessel, the costs and expenses incurred in
attending
(2) Section 142(5)—delete "by the fire brigade" and
substitute:
in attending
(3) Section 142(9), definition of authorised
officer—delete "or the Chief Officer of SACFS" and
substitute:
, the Chief Officer of SACFS or the Chief Officer of SASES
(4) Section 142(9), definition of relevant
entity—after paragraph (b) insert:
(c) in relation to an SASES unit—SASES.
33—Amendment
of section 143—Fees
(1) Section 143(2)(a)—after "false" insert:
or unwanted
(2) Section 143—after subsection (3) insert:
(4) The regulations may prescribe an additional fee, or a method for the
calculation of an additional fee, for the late payment of prescribed fees and
charges generally, or of any particular prescribed fees or charges.
34—Amendment
of Schedule 5—Regulations
Schedule 5—after item 7 insert:
7A Any matter relevant to the establishment or operations of industry
brigades.
Schedule 1—Related
amendments and transitional provisions
Part 1—Amendment of Emergency Management
Act 2004
After section 5A insert:
5B—Reports to State Bushfire Coordination Committee
and Chief Officer of SACFS
The management committee for an Emergency Management Zone must, on or
before 31 August in each year, provide a report on the management committee's
activities relating to bushfire during the preceding financial year
to—
(a) the State Bushfire Coordination Committee (under the
Fire
and Emergency Services Act 2005
); and
(b) the Chief Officer of the South Australian Country Fire Service (under
the
Fire
and Emergency Services Act 2005
).
Part 2—Transitional
provisions
2—Bushfire
management committees
Each bushfire management committee established under section 72A of the
Fire
and Emergency Services Act 2005
as in force before the commencement of
section 18
is dissolved on the commencement of
section 18
.
(1) The constitution of
a SASES unit is revoked on the commencement of
section 28
.
(2) Any process for dissolution of a SASES unit that has been commenced
but not completed before the commencement of
section 28
is not affected by the revocation of the SASES unit's constitution under
subclause (1)
(and may be continued and completed by the Chief Officer in accordance
with the regulations).
A person who, immediately before the commencement of
section 29
, holds an office or rank within SASES continues to hold that office or
rank as if they had been appointed in accordance with Part 5 Division 4A of the
Fire
and Emergency Services Act 2005
(as inserted by
section 29
).