South Australian Current Acts

FIRE AND EMERGENCY SERVICES ACT 2005

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Establishment of areas for fire and emergency services
   4A.     Areas of urban bushfire risk
   5.      Application of Act

   PART 2--South Australian Fire and Emergency Services Commission

           Division 1--Establishment of Commission

   6.      Establishment of Commission
   7.      Ministerial control

           Division 2--Functions and powers of Commission

   8.      Functions and powers
   9.      Directions

           Division 3--Constitution of board

   10.     Establishment of Board
   11.     Constitution of Board
   12.     Terms and conditions of membership
   13.     Vacancies or defects in appointment of members
   14.     Proceedings
   15.     Conflict of interest under Public Sector (Honesty and Accountability) Act

           Division 4--Chief Executive and staff

   16.     Chief Executive
   17.     Staff
   17A.    Workforce plans

           Division 5--Committees

   19.     Committees

           Division 6--Delegation

   20.     Delegation

           Division 7--Accounts, audits and reports

   21.     Accounts and audit
   22.     Annual reports

           Division 8--Common seal and execution of documents

   23.     Common seal and execution of documents

   PART 3--The South Australian Metropolitan Fire Service

           Division 1--Continuation of service

   24.     Continuation of service
   25.     Constitution of SAMFS

           Division 2--Functions and powers

   26.     Functions and powers

           Division 3--Chief Officer and staff

   27.     Chief Officer
   28.     Deputy Chief Officer and Assistant Chief Officers
   29.     Other officers and firefighters
   30.     Employees
   31.     Staff
   32.     Workforce plans
   33.     Delegation

           Division 4--Fire brigades

   34.     Fire brigades

           Division 5--Fire and emergency safeguards

   35.     Interpretation and application
   36.     Power to enter and inspect a public building
   37.     Rectification where safeguards inadequate
   38.     Closure orders
   39.     Powers in relation to places at which danger of fire may exist
   40.     Related matters

           Division 6--Powers and duties relating to fires and emergencies

              Subdivision 1--Exercise of control at scene of fire or other emergency

   41.     Exercise of control at scene of fire or other emergency

              Subdivision 2--Exercise of powers at scene of fire or other emergency

   42.     Powers

              Subdivision 3--Related matters

   43.     Provision of water
   44.     Supply of gas or electricity

           Division 7--Discipline

              Subdivision 1--The Disciplinary Committee

   45.     The South Australian Metropolitan Fire Service Disciplinary Committee

              Subdivision 2--Disciplinary proceedings

   46.     Chief Officer may reprimand
   47.     Proceedings before Disciplinary Committee
   48.     Suspension pending hearing of complaint

              Subdivision 3--Appeals

   49.     Review by SAET
   51.     Participation of supplementary panel members in reviews

           Division 8--Related matters

   52.     Accounts and audit
   53.     Annual reports
   54.     Common seal and execution of documents
   55.     UFU

   PART 4--The South Australian Country Fire Service

           Division 1--Continuation of service

   57.     Continuation of service
   58.     Constitution of SACFS
   58A.    Parliamentary recognition of SACFS Volunteer Charter

           Division 2--Functions and powers

   59.     Functions and powers

           Division 3--Chief Officer and staff

   60.     Chief Officer
   61.     Deputy Chief Officer and Assistant Chief Officers
   62.     Other officers
   63.     Employees
   64.     Staff
   65.     Workforce plans
   66.     Delegation

           Division 4--SACFS regions

   67.     SACFS regions

           Division 5--Organisational structure

   68.     Establishment of SACFS
   69.     Country Fire Service Volunteers Association

           Division 5A--Industry brigades

   69A.    Preliminary
   69B.    Designated areas for industry brigades
   69C.    Establishment of industry brigades
   69D.    Registration of industry brigades
   69E.    Chief Officer may give directions
   69F.    Exclusion of certain claims

           Division 6--Command structure

   70.     Command structure

           Division 6A--Fire and emergency safeguards

   70A.    Interpretation
   70B.    Power to enter and inspect a public building
   70C.    Rectification where safeguards inadequate
   70D.    Closure orders etc
   70E.    Powers in relation to places at which danger of fire may exist
   70F.    Related matters

           Division 7--Fire prevention authorities--country areas and urban bushfire risk areas

              Subdivision 1--State Bushfire Coordination Committee

   71.     State Bushfire Coordination Committee
   71A.    Functions of State Bushfire Coordination Committee
   71B.    Power of delegation
   71C.    Use of facilities
   71D.    Validity of acts
   71E.    Annual reports
   71F.    Specific reports

              Subdivision 2--Bushfire management committees

   72.     Establishment of bushfire management areas
   72A.    Establishment of bushfire management committees
   72B.    Functions of bushfire management committees
   72C.    Power of delegation
   72D.    Use of facilities
   72E.    Validity of acts

           Division 7A--Bushfire management plans

   73.     State Bushfire Management Plan
   73A.    Bushfire Management Area Plans

           Division 8--Fire prevention

              Subdivision 1--Fire danger season

   78.     Fire danger season
   79.     Fires during fire danger season

              Subdivision 2--Total fire ban

   80.     Total fire ban

              Subdivision 3--Permits

   81.     Permit to light and maintain a fire

              Subdivision 4--Power of direction

   82.     Power to direct

              Subdivision 6--Miscellaneous precautions against fire

   86.     Fire safety at premises
   87.     Removal of debris from roads
   89.     Restriction on use of certain appliances etc
   91.     Duty to report unattended fires

              Subdivision 7--Supplementary provisions

   93.     Delegation by councils
   94.     Failure by a council to exercise statutory powers
   95.     Endangering life or property
   95A.    Other regulatory provisions

           Division 9--Powers and duties relating to fires and emergencies

              Subdivision 1--Exercise of control at scene of fire or other emergency

   96.     Exercise of control at scene of fire or other emergency

              Subdivision 2--Exercise of powers at scene of fire or other emergency

   97.     Powers

              Subdivision 3--Related matters

   98.     Provision of water
   99.     Supply of gas or electricity

           Division 10--Related matters

   100.    Accounts and audit
   101.    Annual reports
   102.    Common seal and execution of documents
   103.    Fire control officers
   104.    Giving of expiation notices
   105.    Appropriation of penalties

   PART 4A--Fire prevention

           Division 1--Interpretation

   105A.   Interpretation

           Division 2--Fire prevention officers

   105B.   Fire prevention officers
   105C.   Functions of fire prevention officers
   105D.   Delegations
   105E.   Reports

           Division 3--Duties to prevent fires

   105F.   Private land
   105G.   Council land
   105H.   Crown land
   105I.   Commonwealth land

           Division 4--Related provisions

   105IA.  Power of direction by police officer
   105J.   Additional provision in relation to powers of authorised persons
   105K.   Review by Chief Officer

   PART 5--The South Australian State Emergency Service

           Division 1--Continuation of service

   106.    Continuation of service
   107.    Constitution of SASES
   107A.   Parliamentary recognition of SASES Volunteer Charter

           Division 2--Functions and powers

   108.    Functions and powers

           Division 3--Chief Officer and staff

   109.    Chief Officer
   110.    Deputy Chief Officer and Assistant Chief Officers
   111.    Other officers
   112.    Employees
   113.    Staff
   114.    Workforce plans
   115.    Delegation

           Division 4--SASES units

   116.    SASES units

           Division 4A--Command structure

   116A.   Command structure

           Division 5--Powers and duties relating to emergencies

              Subdivision 1--Exercise of control at scene of emergency

   117.    Exercise of control at scene of emergency

              Subdivision 2--Exercise of powers at scene of emergency

   118.    Powers

              Subdivision 3--Related matter

   119.    Supply of gas or electricity

           Division 6--Related matters

   120.    Accounts and audit
   121.    Annual reports
   122.    Common seal and execution of documents
   123.    S.A.S.E.S. Volunteers' Association Incorporated

   PART 6--Miscellaneous

   124.    Investigations
   125.    Obstruction etc
   126.    Impersonating an emergency services officer etc
   127.    Protection from liability
   127A.   Employment
   128.    Exemption from certain rates and taxes
   129.    Power to provide sirens
   130.    Provision of uniforms
   131.    Protection of names and logos
   132.    Attendance by police
   133.    Disclosure of information
   134.    Unauthorised fire brigades
   135.    Interference with fire plugs, fire alarms etc
   136.    False or misleading statements
   137.    Continuing offences
   138.    Offences by body corporate
   139.    Onus of proof
   140.    Evidentiary
   141.    Insurance policies to cover damage
   142.    Payment of costs and expenses for certain vessels and property
   143.    Fees
   144.    Services
   145.    Acting outside the State
   146.    Recognised interstate organisations
   147.    Inquests
   148.    Regulations
   149.     Review of Act
           SCHEDULE 1--Appointment and selection of supplementary panel members for reviews under Part 3
           SCHEDULE 2--Code of conduct to be observed by officers and firefighters for the purposes of Part 3
           SCHEDULE 5--Regulations
           SCHEDULE 6--Transitional provisions
           Legislative history