South Australian Numbered Acts

FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 68

68—Establishment of SACFS organisations

        (1)         The Chief Officer may, by notice in the Gazette—

            (a)         establish an SACFS brigade;

            (b)         establish an SACFS group in relation to 2 or more SACFS brigades within a region.

        (2)         An SACFS organisation will have a constitution that accords with any requirements prescribed by the regulations or determined by the Chief Officer.

        (3)         The constitution of an SACFS organisation may be amended, with the approval of the Chief Officer, in the manner set out in the constitution.

        (4)         An SACFS organisation—

            (a)         has the functions and powers prescribed by this Act or the regulations or set out in its constitution; and

            (b)         has such other functions or powers as may be assigned to it by the Chief Officer.

        (5)         An SACFS organisation must—

            (a)         maintain such records as may be prescribed, specified by its constitution, or required by the Chief Officer; and

            (b)         furnish to the Chief Officer, in a manner and form determined by the Chief Officer, any information required by the Chief Officer.

        (6)         The mutual relationship of SACFS organisations and their obligations to each other will, subject to this Act, be determined by the Chief Officer.

        (7)         The Chief Officer may, by notice in the Gazette, dissolve an SACFS organisation.

        (8)         The Chief Officer must, before determining to dissolve an SACFS organisation, consult with—

            (a)         the members of the organisation; and

            (b)         the local community; and

            (c)         the South Australian Volunteer Fire-Brigades Association,

in relation to the matter.

        (9)         For the purposes of subsection (8), the Chief Officer must—

            (a)         organise a meeting at which the Chief Officer, or a representative or representatives of the Chief Officer, can meet with the members of the organisation (or their representative or representatives); and

            (b)         organise a public meeting within the local community; and

            (c)         invite the South Australian Volunteer Fire-Brigades Association to—

                  (i)         make written submissions to the Chief Officer in relation to the matter; or

                  (ii)         have a representative, or representatives, attend a meeting with the Chief Officer or a representative or representatives of the Chief Officer,

as the Association sees fit.

        (10)         The Chief Officer must give notice of a public meeting under subsection (9)(b) by advertisement in a newspaper circulating throughout the local area.

        (11)         The Chief Officer must also give notice of a public meeting to any member of the House of Assembly whose electoral district includes any part of the area in relation to which the SACFS organisation is constituted.

        (12)         The Chief Officer, or a person appointed by the Chief Officer, must chair a public meeting.

        (13)         If—

            (a)         a resolution expressing opposition to the dissolution of the SACFS organisation is passed (by majority vote) at a public meeting held under this section; but

            (b)         the Chief Officer determines to dissolve the SACFS organisation in any event,

then the Chief Officer must furnish to the Minister a written report in relation to the matter.

        (14)         The Minister must, within 6 sitting days after receiving a report under subsection (13), have copies of the report laid before both Houses of Parliament.