South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"appointed member" of the Board means a member of the Board appointed by the
Governor under section 11(1);
"award" includes—
(a) an
award or order of SAET; and
(b) an
award or order of the Australian Industrial Relations Commission;
"Board" means the board established as the governing body of the Commission
under Part 2 Division 3;
"CE of the Commission" means the person holding the office of Chief Executive
of the Commission under Part 2 Division 4 and includes a person for the time
being acting in that office;
"Chief Officer" of SACFS means the person holding the office of Chief Officer
of SACFS under Part 4 Division 3 and includes a person for the time being
acting in that office;
"Chief Officer" of SAMFS means the person holding the office of Chief Officer
of SAMFS under Part 3 Division 3 and includes a person for the time being
acting in that office;
"Chief Officer" of SASES means the person holding the office of Chief Officer
of SASES under Part 5 Division 3 and includes a person for the time being
acting in that office;
"Commission" means the South Australian Fire and Emergency Services Commission
established under Part 2 Division 1;
"council" means a council constituted under the Local Government
Act 1999 ;
"country" means any part of the State outside an SAMFS fire district;
"department" means the administrative unit of the Public Service designated
from time to time by the Minister by notice in the Gazette as the department
for the purposes of this Act;
"designated urban bushfire risk area" means an area of urban bushfire risk
designated under section 4A;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"emergency" means an event (whether occurring in the State, outside the State
or in and outside the State) that causes, or threatens to cause—
(a) the
death of, or injury or other damage to the health of, any person; or
(b) the
destruction of, or damage to, any property; or
(c) a
disruption to essential services or to services usually enjoyed by the
community; or
(d) harm
to the environment, or to flora or fauna;
"emergency services organisation" means—
(a)
SAMFS; or
(b)
SACFS; or
(c)
SASES;
"emergency services sector" comprises—
(a) the
Commission; and
(b)
SAMFS; and
(c)
SACFS; and
(d)
SASES;
"ex officio member" of the Board means a member of the Board who holds office
ex officio under section 12(1);
"fire control officer" means a fire control officer appointed by the
Chief Officer of SACFS under section 103;
"fire danger season", in relation to a part of the State, means a
fire danger season fixed for that part of the State under Part 4 Division 8;
"fire district" means a fire district established under section 4 for the
purposes of the operations of SAMFS;
"firefighter" includes a control room operator;
"fire-fighting" means any activity directed towards—
(a)
preventing, controlling or extinguishing fires;
(b)
dealing with other emergencies that require SAMFS or SACFS to act to protect
life, property or the environment;
"fire prevention officer" means a fire prevention officer appointed by a
council under Part 4A Division 2;
"forest reserve" means a forest reserve under the Forestry Act 1950 ;
"industrial agreement" means—
(a) an
enterprise agreement in force under the Fair Work Act 1994 ; or
(b) a
certified agreement or an Australian workplace agreement in force under the
Workplace Relations Act 1996 of the Commonwealth as amended from time to time;
"industry brigade" means a brigade registered under Part 4 Division 5A;
"land" means, according to the context—
(a) land
as a physical entity, including any building or structure on, or improvement
to, land;
(b) a
legal estate or interest in, or right in respect of, land;
"LGA" means the Local Government Association of South Australia;
"misconduct", in relation to an officer or firefighter of SAMFS, means a
contravention of or a failure to comply with the Code of Conduct set out in
Schedule 2;
"officer" of an emergency services organisation means a person who is
designated as an officer of that organisation by the Chief Officer of the
organisation;
"owner"—
(a) in
relation to land alienated from the Crown in fee simple—means the owner
of an estate in fee simple in the land;
(b) in
relation to land held from the Crown by lease, licence or agreement to
purchase—means the lessee, licensee or purchaser,
and includes the occupier;
"private land" means—
(a) land
alienated from the Crown in fee simple; or
(b) land
held from the Crown by lease, licence or agreement to purchase,
other than land under the care, control or management of a council or a
Minister, agency or instrumentality of the Crown;
"public sector agency" means a public sector agency under the
Public Sector Act 2009 ;
"relative", in relation to a person, means the spouse, domestic partner,
parent or remoter linear ancestor, son, daughter or remoter issue or brother
or sister of the person;
"rescue" means the safe removal of persons or animals from actual or
threatened danger of physical harm;
"rural council" means a council whose area lies wholly or partially outside a
fire district;
"SACFS" means the South Australian Country Fire Service under Part 4;
"SACFS brigade" means a brigade established under section 68;
"SACFS organisation" means—
(a) an
SACFS brigade; or
(b) an
SACFS group;
"SACFS region" means a region established under Part 4 Division 4;
"SAET" means the South Australian Employment Tribunal established under the
South Australian Employment Tribunal Act 2014 ;
"SAMFS" means the South Australian Metropolitan Fire Service under Part 3;
"SASES" means the South Australian State Emergency Service under Part 5;
"SASES unit" means an SASES unit established under Part 5 Division 4;
"spouse"—a person is the spouse of another if they are legally married;
"UFU" means—
(a) the
United Firefighters' Union of South Australia Incorporated; and
(b) the
United Firefighters' Union of Australia (South Australian Branch);
"vehicle" includes an aircraft or vessel.
(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.
(2) For the purposes
of this Act, bushfire prevention relates to any reasonable action that may be
taken in the country areas of the State—
(a) to
reduce or eliminate the risk of outbreak of bushfires; or
(b) to
prevent or inhibit—
(i)
the spread of any bushfire; or
(ii)
any increase in the intensity or seriousness of any
bushfire; or
(c) to
mitigate the effect of any bushfire.
(3) SACFS, the State
Bushfire Coordination Committee and each bushfire management committee must,
in the exercise and performance of powers and functions under this Act—
(a) have
due regard to the impact of their actions on the environment; and
(b) seek
to achieve a proper balance between bushfire prevention and proper land
management in the country.
(4) For the purposes
of this Act, a person is an associate of another person if—
(a) the
other person is a relative of the person or of the person's spouse or
domestic partner; or
(i)
is a body corporate; and
(ii)
the person or a relative of the person or of the person's
spouse or domestic partner has, or 2 or more such persons together have, a
relevant interest or relevant interests in shares in the body corporate the
nominal value of which is not less than 10 per cent of the nominal value of
the issued share capital of the body corporate; or
(c) the
other person is a trustee of a trust of which the person, a relative of the
person or of the person's spouse or domestic partner, or a body corporate
referred to in paragraph (b), is a beneficiary; or
(d) the
person is declared by the regulations to be an associate of the other person.
(5) To avoid doubt, a
person cannot, at any particular time, be the Chief Officer of more than 1
emergency services organisation.