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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Emergency Management Bill 2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Interpretation 7
5 Objectives of Act 8
PART 2--STATE CRISIS AND RESILIENCE COUNCIL 9
6 State Crisis and Resilience Council 9
7 Role of State Crisis and Resilience Council 9
8 Constitution of the State Crisis and Resilience Council 9
9 Procedure of the State Crisis and Resilience Council 10
10 Standing subcommittees 11
11 Work plans 11
12 Strategic Action Plan 12
13 Implementation of the Strategic Action Plan and work
programs 13
PART 3--EMERGENCY MANAGEMENT VICTORIA 15
14 Establishment of Emergency Management Victoria 15
15 Emergency Management Victoria is a body corporate 15
16 Constitution of Emergency Management Victoria 15
17 Functions of Emergency Management Victoria 16
18 Powers of Emergency Management Victoria 17
19 Delegation 17
20 Chief Executive, Emergency Management Victoria 17
21 Functions of the Chief Executive, Emergency Management
Victoria 18
22 Powers of the Chief Executive, Emergency Management
Victoria 19
23 Provision of staff and contractors 19
571268B.I-15/10/2013 i BILL LA INTRODUCTION 15/10/2013
Clause Page
PART 4--EMERGENCY MANAGEMENT COMMISSIONER 20
Division 1--Appointment, functions and general powers 20
24 Establishment 20
25 Appointment 20
26 Remuneration and allowances 20
27 Terms and conditions 20
28 Resignation or vacancy in office 21
29 Suspension and removal from office 21
30 Acting Emergency Management Commissioner 22
31 Delegation 23
32 Functions of the Emergency Management Commissioner 23
33 Powers of the Emergency Management Commissioner 25
34 Information to be provided to Emergency Management
Commissioner 25
35 Information gathering 26
36 Constraints on access to information not to apply 27
Division 2--Control of response activities 27
37 Control of emergency response to Class 1 emergency 27
38 Control of response to fire other than a major fire 29
39 Control of emergency response to Class 2 emergencies 30
40 Emergency Management Commissioner may advise or direct
officers to exercise control powers 31
41 Division to prevail 31
Division 3--Community warnings about fires 32
42 Emergency Management Commissioner must ensure
community is warned about fires 32
43 Responsibility to issue warnings and provide information 32
44 Emergency Management Commissioner may issue guidelines,
procedures and protocols in relation to duty to warn the
community 33
Division 4--Consequence management 33
45 Consequence management 33
Division 5--Recovery 34
46 Emergency Management Commissioner to be responsible
for recovery coordination 34
47 Provision of information in relation to recovery 34
571268B.I-15/10/2013 ii BILL LA INTRODUCTION 15/10/2013
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Division 6--Operational standards for responder agencies 34
48 Emergency Management Commissioner to develop
operational standards for responder agencies 34
49 Emergency Management Commissioner must give
operational standards to certain persons 35
Division 7--Incident management operating procedures 36
50 Incident management operating procedures 36
51 Emergency Management Commissioner must give incident
management operating procedures to certain persons 37
52 Publication of incident management operating procedures
on Internet 37
PART 5--STATE EMERGENCY RESPONSE PLAN 38
53 Preparation and review of state emergency response plan 38
54 Contents of state emergency response plan 38
55 Publication of state emergency response plan or review 39
56 Regional and municipal district emergency response
coordinators 39
57 Senior Police Liaison Officer 40
58 Regional emergency response committees 41
PART 6--STATE EMERGENCY RECOVERY PLAN 42
59 Preparation and review of state emergency recovery plan 42
60 Contents of state emergency recovery plan 42
PART 7--INSPECTOR-GENERAL FOR EMERGENCY
MANAGEMENT 43
61 Inspector-General for Emergency Management 43
62 Objectives of the Inspector-General for Emergency
Management 43
63 Delegation 43
64 Functions of the Inspector-General for Emergency
Management 43
65 Provisions relating to the monitoring and assurance
framework 45
66 Provisions relating to system review 46
67 Provisions relating to advice and reports 46
68 Powers of the Inspector-General for Emergency Management 47
69 Information gathering for purpose of section 64(1)(b), (c), (f)
or (g) 47
70 Provisions for reviews and reports for the purposes of
section 64(1)(b) or (c) 48
571268B.I-15/10/2013 iii BILL LA INTRODUCTION 15/10/2013
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71 Monitoring of Emergency Services Telecommunications
Authority 49
72 Confidential information 50
73 Constraints on access to information not to apply 51
74 Protection of person providing information 52
PART 8--GENERAL 53
75 Immunity 53
76 Regulations 53
PART 9--CONSEQUENTIALS AND REPEALS 54
Division 1--Repeal of Fire Services Commissioner Act 2010 54
77 Repeal of Fire Services Commissioner Act 2010 54
Division 2--Emergency Management Act 1986 54
78 Consequential repeals and amendments 54
Division 3--Country Fire Authority Act 1958 55
79 Amendment of section 3--definitions 55
80 Sections 6B to 6D substituted and sections 6DA and 6DB
inserted 56
6B Objective 56
6C Emergency Management Victoria 57
6D Compliance with operational standards of Emergency
Management Commissioner 57
6DA Report on compliance with operational standards
developed by the Emergency Management
Commissioner 57
6DB Strategic Action Plan 57
81 Consequential amendments 58
Division 4--Emergency Services Telecommunications Authority
Act 2004 59
82 Amendment of section 3--definitions 59
83 New sections 6A to 6C inserted 60
6A Objective 60
6B Emergency Management Victoria 60
6C Strategic Action Plan 60
84 Consequential amendments 61
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Division 5--Forests Act 1958 61
85 Amendment of section 3--definitions 61
86 Sections 61D and 61E substituted and sections 61EA
and 61EB inserted 62
61D Emergency Management Victoria 62
61E Compliance with operational standards of Emergency
Management Commissioner 62
61EA Report on compliance with operational standards
developed by the Emergency Management
Commissioner 63
61EB Strategic Action Plan 63
87 Consequential amendments 64
Division 6--Metropolitan Fire Brigades Act 1958 64
88 Amendment of section 3--definitions 64
89 Section 7A substituted and sections 7AB to 7AE inserted 65
7A Objective 65
7AB Emergency Management Victoria 66
7AC Compliance with operational standards of Emergency
Management Commissioner 66
7AD Report on compliance with operational standards
developed by the Emergency Management
Commissioner 66
7AE Strategic Action Plan 66
90 Consequential amendments 67
Division 7--Victoria State Emergency Service Act 2005 68
91 Amendment of section 3--definitions 68
92 Sections 4A to 4F inserted 69
4A Objective 69
4B Emergency Management Victoria 69
4C Compliance with operational standards of Emergency
Management Commissioner 69
4D Report on compliance with operational standards
developed by the Emergency Management
Commissioner 70
4E Strategic Action Plan 70
4F Compliance with incident management operating
procedures 70
93 Consequential amendments 71
Division 8--Amendment of other Acts 71
94 Domestic Animals Act 1994 71
95 Livestock Disease Control Act 1994 71
96 Marine (Drug, Alcohol and Pollution Control) Act 1988 71
97 Ombudsman Act 1973 72
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98 Police Regulation Act 1958 72
99 Port Management Act 1995 72
100 Prevention of Cruelty to Animals Act 1986 72
101 Public Administration Act 2004 72
102 Public Health and Wellbeing Act 2008 73
103 Road Management Act 2004 73
104 Terrorism (Community Protection) Act 2003 73
Division 9--Repeal of Part 74
105 Repeal of Part 74
ENDNOTES 75
571268B.I-15/10/2013 vi BILL LA INTRODUCTION 15/10/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Emergency Management Bill 2013
A Bill for an Act to establish new governance arrangements for
emergency management in Victoria, to repeal the Fire Services
Commissioner Act 2010, to consequentially amend emergency
management legislation and certain other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to--
(a) establish new governance arrangements for
5 emergency management in Victoria; and
(b) repeal the Fire Services Commissioner Act
2010; and
(c) consequentially amend emergency
management legislation and certain other
10 Acts.
571268B.I-15/10/2013 1 BILL LA INTRODUCTION 15/10/2013
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Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision referred to in subsection (1) does
5 not come into operation before 1 September 2014,
it comes into operation on that day.
3 Definitions
In this Act--
Chief Officer--
10 (a) means the following--
(i) the Chief Officer of the
Metropolitan Fire and Emergency
Services Board;
(ii) the Chief Officer of the Country
15 Fire Authority;
(iii) the Chief Fire Officer, Department
of Environment and Primary
Industries;
(iv) the Chief Officer, Operations of
20 the Victoria State Emergency
Service Authority; and
(b) includes any person nominated by a
person referred to in paragraph (a) to
exercise the powers of that person
25 under section 38;
Class 1 emergency means--
(a) a major fire; or
(b) any other major emergency for which
the Metropolitan Fire and Emergency
30 Services Board, the Country Fire
Authority or the Victoria State
Emergency Service Authority is the
571268B.I-15/10/2013 2 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 1--Preliminary
s. 3
control agency under the state
emergency response plan;
Class 2 emergency means a major emergency
which is not--
5 (a) a Class 1 emergency; or
(b) a warlike act or act of terrorism,
whether directed at Victoria or a part of
Victoria or at any other State or
Territory of the Commonwealth; or
10 (c) a hi-jack, siege or riot;
consequence management has the meaning given
by section 45;
Country Fire Authority means the Country Fire
Authority established under the Country
15 Fire Authority Act 1958;
Department has the same meaning as it has in
section 4(1) of the Public Administration
Act 2004;
Department Head has the same meaning as it has
20 in section 4(1) of the Public Administration
Act 2004;
emergency means an emergency due to the actual
or imminent occurrence of an event which in
any way endangers or threatens to endanger
25 the safety or health of any person in Victoria
or which destroys or damages, or threatens to
destroy or damage, any property in Victoria
or endangers or threatens to endanger the
environment or an element of the
30 environment in Victoria including, without
limiting the generality of the foregoing--
(a) an earthquake, flood, wind-storm or
other natural event; and
(b) a fire; and
571268B.I-15/10/2013 3 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 1--Preliminary
s. 3
(c) an explosion; and
(d) a road accident or any other accident;
and
(e) a plague or an epidemic or
5 contamination; and
(f) a warlike act or act of terrorism,
whether directed at Victoria or a part of
Victoria or at any other State or
Territory of the Commonwealth; and
10 (g) a hi-jack, siege or riot; and
(h) a disruption to an essential service;
Emergency Management Commissioner means
the office established under section 24;
emergency management sector means the sector
15 comprising all agencies, bodies, Departments
and other persons who have a responsibility,
function or other role in emergency
management;
Emergency Management Victoria means the
20 body corporate established under section 14;
Emergency Services Telecommunications
Authority means the Authority established
under Division 1 of Part 2 of the Emergency
Services Telecommunications Authority
25 Act 2004;
fire services agency means any of the following--
(a) the Metropolitan Fire and Emergency
Services Board;
(b) the Country Fire Authority;
30 (c) the Secretary to the Department of
Environment and Primary Industries;
571268B.I-15/10/2013 4 BILL LA INTRODUCTION 15/10/2013
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Part 1--Preliminary
s. 3
fire services reform action plan means the plan
developed under section 12 of the Fire
Services Commissioner Act 2010 as in
force immediately before the commencement
5 of section 77;
IBAC has the same meaning as it has in the
Independent Broad-based Anti-corruption
Commission Act 2011;
incident management operating procedures
10 means operating procedures developed under
section 50;
Inspector-General for Emergency Management
means the office established under
section 61;
15 major emergency means--
(a) a large or complex emergency
(however caused) which--
(i) has the potential to cause or is
causing loss of life and extensive
20 damage to property, infrastructure
or the environment; or
(ii) has the potential to have or is
having significant adverse
consequences for the Victorian
25 community or a part of the
Victorian community; or
(iii) requires the involvement of 2 or
more agencies to respond to the
emergency; or
30 (b) a Class 1 emergency; or
(c) a Class 2 emergency;
571268B.I-15/10/2013 5 BILL LA INTRODUCTION 15/10/2013
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Part 1--Preliminary
s. 3
major fire means a large or complex fire
(however caused) which--
(a) has the potential to cause or is causing
loss of life and extensive damage to
5 property, infrastructure or the
environment; or
(b) has the potential to have or is having
significant adverse consequences for
the Victorian community or a part of
10 the Victorian community; or
(c) requires the involvement of 2 or more
fire services agencies to suppress the
fire; or
(d) will, if not suppressed, burn for more
15 than one day;
Metropolitan Fire and Emergency Services
Board means the Metropolitan Fire and
Emergency Services Board established under
the Metropolitan Fire Brigades Act 1958;
20 recovery means the assisting of persons and
communities affected by emergencies to
achieve a proper and effective level of
functioning;
responder agency means the following--
25 (a) the Metropolitan Fire and Emergency
Services Board;
(b) the Country Fire Authority;
(c) the Victoria State Emergency Service
Authority;
30 (d) the Secretary to the Department of
Environment and Primary Industries;
(e) any other agency prescribed to be a
responder agency;
571268B.I-15/10/2013 6 BILL LA INTRODUCTION 15/10/2013
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Part 1--Preliminary
s. 4
response means the combating of emergencies
and the provision of rescue services;
Secretary to the Department of Environment and
Primary Industries means the Secretary to
5 the Department of Environment and Primary
Industries when performing its fire
suppression functions, including under
section 62(2)(b) of the Forests Act 1958;
State Crisis and Resilience Council means the
10 Council established under section 6;
state emergency recovery plan means the state
emergency recovery plan prepared under
section 59;
state emergency response plan means the state
15 emergency response plan prepared under
section 53;
State Response Controller means a person
appointed as a State Response Controller
under section 37;
20 Strategic Action Plan means the plan prepared
under section 12;
Victoria State Emergency Service Authority
means the Victoria State Emergency Service
Authority established under the Victoria
25 State Emergency Service Act 2005;
work program means a work program for an
agency included in a Strategic Action Plan.
4 Interpretation
(1) This Act must be read and construed as one with
30 the Emergency Management Act 1986.
(2) Unless inconsistent with the context or subject-
matter, words or expressions defined in the
Emergency Management Act 1986 have the
same meaning in this Act.
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Part 1--Preliminary
s. 5
5 Objectives of Act
The objectives of this Act are to--
(a) foster a sustainable and efficient emergency
management system that minimises the
5 likelihood, effect and consequences of
emergencies; and
(b) establish efficient governance arrangements
that--
(i) clarify the roles and responsibilities of
10 agencies; and
(ii) facilitate cooperation between agencies;
and
(iii) ensure the coordination of emergency
management reform within the
15 emergency management sector; and
(c) implement an "all hazards--all agencies"
approach based on networked arrangements
and greater interoperability.
__________________
571268B.I-15/10/2013 8 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 2--State Crisis and Resilience Council
s. 6
PART 2--STATE CRISIS AND RESILIENCE COUNCIL
6 State Crisis and Resilience Council
The State Crisis and Resilience Council is
established.
5 7 Role of State Crisis and Resilience Council
The role of the State Crisis and Resilience Council
is to act as the peak crisis and emergency
management advisory body in Victoria
responsible for providing advice to the Minister in
10 relation to--
(a) whole of government policy and strategy for
emergency management in Victoria; and
(b) the implementation of that policy and
strategy.
15 8 Constitution of the State Crisis and Resilience
Council
(1) The State Crisis and Resilience Council consists
of the following members--
(a) the Department Head of each Department;
20 (b) the Chief Commissioner of Police;
(c) the Chief Executive, Emergency
Management Victoria;
(d) the Emergency Management Commissioner;
(e) the Inspector-General for Emergency
25 Management as an observer;
(f) the Chief Executive Officer of the Municipal
Association of Victoria as a representative of
local government.
(2) The Secretary for the Department of Premier and
30 Cabinet is the Chairperson of the State Crisis and
Resilience Council.
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Part 2--State Crisis and Resilience Council
s. 9
(3) The Secretary for the Department of Justice is the
Deputy Chairperson of the State Crisis and
Resilience Council.
(4) A member of the State Crisis and Resilience
5 Council may nominate a person who holds a
specified office to act as alternate member.
(5) An alternate member has, while acting for the
member, the powers and authority of the member.
(6) The Inspector-General for Emergency
10 Management cannot vote on any matter or
propose a resolution at a meeting of the State
Crisis and Resilience Council but is otherwise
entitled to participate in the business of the
meeting.
15 (7) The Chief Executive, Emergency Management
Victoria and the Emergency Management
Commissioner are responsible for advising the
State Crisis and Resilience Council in relation to
any matter being considered by the State Crisis
20 and Resilience Council on behalf of the
following--
(a) the Metropolitan Fire and Emergency
Services Board;
(b) the Country Fire Authority;
25 (c) the Victoria State Emergency Service
Authority;
(d) the Emergency Services
Telecommunications Authority.
9 Procedure of the State Crisis and Resilience Council
30 (1) Subject to this Act, the State Crisis and Resilience
Council may regulate its own procedure.
(2) The State Crisis and Resilience Council must meet
at least 4 times each year.
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Part 2--State Crisis and Resilience Council
s. 10
(3) A quorum at a meeting of the State Crisis and
Resilience Council consists of the Chairperson
and 4 other members other than the Inspector-
General for Emergency Management.
5 10 Standing subcommittees
(1) The State Crisis and Resilience Council may
establish as many standing subcommittees as it
considers necessary to enable it to perform its
functions.
10 (2) The State Crisis and Resilience Council must
determine the terms of reference of a standing
subcommittee.
(3) The State Crisis and Resilience Council must
appoint the members of a standing subcommittee.
15 (4) The State Crisis and Resilience Council must
appoint one of the members of a standing
subcommittee to be the chairperson.
11 Work plans
(1) A standing subcommittee must complete a work
20 plan having regard to--
(a) its terms of reference; and
(b) any relevant provisions of the Strategic
Action Plan.
(2) A work plan must include things to be done,
25 projects to be undertaken or measures to be met,
to enhance emergency management in relation to
the designated subject matter area of the standing
subcommittee.
(3) A standing subcommittee must submit a work
30 plan to the State Crisis and Resilience Council for
approval--
571268B.I-15/10/2013 11 BILL LA INTRODUCTION 15/10/2013
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Part 2--State Crisis and Resilience Council
s. 12
(a) each year; or
(b) at any other interval determined by the State
Crisis and Resilience Council.
12 Strategic Action Plan
5 (1) The State Crisis and Resilience Council must
develop a rolling three-year Strategic Action Plan
to be submitted to the Minister for approval.
(2) In preparing the Strategic Action Plan, the State
Crisis and Resilience Council may include any
10 provisions and actions included in the fire services
reform action plan which the State Crisis and
Resilience Council considers are necessary or
appropriate to be continued under the new
emergency management governance
15 arrangements.
(3) Without limiting the generality of subsection (2),
the Strategic Action Plan must include a work
program for each agency.
(4) A work program must include in respect of the
20 agency to which it applies--
(a) things to be done, projects to be undertaken
or measures to be met by the agency to
enhance the agency's operational capacity
and capability including, where relevant,
25 encouraging, strengthening and maintaining
the capacity and capability of volunteers and
the community; and
(b) things to be done, projects to be undertaken
or measures to be met, to improve the
30 agency's capacity to operate together with
other agencies in planning and preparing for
the response to, and in responding to, major
emergencies.
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Part 2--State Crisis and Resilience Council
s. 13
(5) The State Crisis and Resilience Council must
consult with each agency in developing a work
program.
(6) The State Crisis and Resilience Council must in
5 developing a work program have regard to the
resources of the agency.
(7) Before approving the Strategic Action Plan, the
Minister must consult with other relevant
Ministers.
10 (8) The Minister may approve the Strategic Action
Plan.
(9) The State Crisis and Resilience Council must
cause the Strategic Action Plan, as approved by
the Minister, to be published on Emergency
15 Management Victoria's Internet site.
(10) In this section and section 13, agency means a
responder agency or the Emergency Services
Telecommunications Authority.
13 Implementation of the Strategic Action Plan and
20 work programs
(1) Without limiting the generality of section 13 of
the Public Administration Act 2004, the
responsibility of a Department Head under that
section includes ensuring that the Department
25 implements any relevant part of the Strategic
Action Plan.
(2) The Chief Executive, Emergency Management
Victoria and the Emergency Management
Commissioner must use their best endeavours to
30 ensure that an agency implements its work
program.
(3) An agency must implement its work program.
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Part 2--State Crisis and Resilience Council
s. 13
(4) The State Crisis and Resilience Council must--
(a) monitor the implementation of the Strategic
Action Plan and work programs; and
(b) report to the Minister at regular intervals on
5 the progress of implementation of the
Strategic Action Plan and work programs.
__________________
571268B.I-15/10/2013 14 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 3--Emergency Management Victoria
s. 14
PART 3--EMERGENCY MANAGEMENT VICTORIA
14 Establishment of Emergency Management Victoria
Emergency Management Victoria is established.
15 Emergency Management Victoria is a body
5 corporate
(1) Emergency Management Victoria--
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
10 (c) may sue and be sued; and
(d) may acquire, hold and dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
15 (2) All courts must take judicial notice of the official
seal of Emergency Management Victoria affixed
to a document and, until the contrary is proved,
must presume that it was duly affixed.
(3) The official seal of Emergency Management
20 Victoria must--
(a) be kept in such custody as Emergency
Management Victoria determines; and
(b) not be used except as authorised by
Emergency Management Victoria.
25 16 Constitution of Emergency Management Victoria
Emergency Management Victoria consists of
2 members being--
(a) the Chief Executive, Emergency
Management Victoria; and
30 (b) the Emergency Management Commissioner.
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Part 3--Emergency Management Victoria
s. 17
17 Functions of Emergency Management Victoria
(1) Emergency Management Victoria has the
functions conferred on Emergency Management
Victoria under this Act or any other Act.
5 (2) Without limiting the generality of subsection (1),
Emergency Management Victoria has the
following functions--
(a) to act as the agency responsible for the
coordination of the development of the
10 whole of government policy for emergency
management in Victoria;
(b) to provide policy advice to the Minister in
relation to emergency management;
(c) to implement emergency management
15 reform initiatives given to Emergency
Management Victoria by the Minister;
(d) to liaise with the Commonwealth
Government on emergency management;
(e) to provide support to the Emergency
20 Management Commissioner to enable the
Emergency Management Commissioner to
perform the functions conferred on the
Emergency Management Commissioner
under this Act.
25 (3) In performing its functions, Emergency
Management Victoria must--
(a) have regard to decisions made by the State
Crisis and Resilience Council; and
(b) collaborate and consult with the emergency
30 management sector; and
(c) have regard to the fundamental importance
of the role that volunteers play in the
performance of emergency management
functions in Victoria.
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Part 3--Emergency Management Victoria
s. 18
18 Powers of Emergency Management Victoria
Emergency Management Victoria has power to do
all things that are necessary or convenient to be
done for or in connection with, the performance of
5 its functions.
19 Delegation
Emergency Management Victoria, by instrument,
may delegate any function or power of Emergency
Management Victoria under this Act or any other
10 Act, other than this power of delegation, to--
(a) any person or class of persons employed or
engaged in the administration of this Act; or
(b) any person employed under Part 3 of the
Public Administration Act 2004.
15 20 Chief Executive, Emergency Management Victoria
(1) There is to be a Chief Executive, Emergency
Management Victoria.
(2) The Chief Executive, Emergency Management
Victoria is to be employed under Part 3 of the
20 Public Administration Act 2004.
(3) The Chief Executive, Emergency Management
Victoria is responsible to the Secretary for the
Department of Justice for--
(a) the general management and conduct of the
25 activities of Emergency Management
Victoria; and
(b) the effective, efficient and economical
performance and exercise by Emergency
Management Victoria of its functions and
30 powers.
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Emergency Management Bill 2013
Part 3--Emergency Management Victoria
s. 21
21 Functions of the Chief Executive, Emergency
Management Victoria
Without derogating from the functions of the
Chief Executive, Emergency Management
5 Victoria, the functions of the Chief Executive,
Emergency Management Victoria include the
following--
(a) to provide advice and make
recommendations to the Minister on any
10 issue relating to the functions of--
(i) Emergency Management Victoria; or
(ii) the Chief Executive, Emergency
Management Victoria--
having regard where relevant to any
15 guidance or advice provided to the Chief
Executive, Emergency Management Victoria
by the State Crisis and Resilience Council;
(b) to take a lead role in coordinating investment
planning and large-scale strategic projects on
20 behalf of the responder agencies including
but not limited to matters relating to the
following--
(i) major procurement;
(ii) communications and information
25 systems;
(iii) emergency management planning
processes for the purpose of achieving
greater efficiency and effectiveness in
the delivery of emergency management
30 services.
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Part 3--Emergency Management Victoria
s. 22
22 Powers of the Chief Executive, Emergency
Management Victoria
(1) The Chief Executive, Emergency Management
Victoria has power to do all things that are
5 necessary or convenient to be done for or in
connection with, the performance of the functions
of the Chief Executive, Emergency Management
Victoria.
(2) The Chief Executive, Emergency Management
10 Victoria, by instrument, may delegate any
function or power of the Chief Executive,
Emergency Management Victoria under this Act,
other than this power of delegation, to any person
or class of persons employed or engaged in the
15 administration of this Act.
23 Provision of staff and contractors
(1) The Secretary for the Department of Justice must
ensure that persons employed under Part 3 of the
Public Administration Act 2004 are made
20 available to assist Emergency Management
Victoria in the performance of the functions and
the exercise of the powers of Emergency
Management Victoria.
(2) Emergency Management Victoria may enter into
25 agreements or arrangements with a person or body
for the purpose of obtaining appropriate expertise
to assist Emergency Management Victoria in the
performance of the functions and the exercise of
the powers of Emergency Management Victoria.
__________________
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Emergency Management Bill 2013
Part 4--Emergency Management Commissioner
s. 24
PART 4--EMERGENCY MANAGEMENT COMMISSIONER
Division 1--Appointment, functions and general powers
24 Establishment
(1) There is to be an Emergency Management
5 Commissioner.
(2) The Emergency Management Commissioner is the
successor in law to the Fire Services
Commissioner under the Fire Services
Commissioner Act 2010 as in force immediately
10 before the commencement of section 77.
25 Appointment
(1) Subject to subsection (2), the Governor in Council
may appoint a person as Emergency Management
Commissioner.
15 (2) A person is not eligible for appointment unless the
Governor in Council is satisfied that the person
has appropriate management, professional,
technical and operational expertise in emergency
management.
20 26 Remuneration and allowances
(1) The Emergency Management Commissioner is
entitled to be paid the remuneration and
allowances that are determined by the Governor in
Council.
25 (2) The remuneration of the Emergency Management
Commissioner cannot be reduced during his or her
term of office unless he or she consents to the
reduction.
27 Terms and conditions
30 (1) The Emergency Management Commissioner--
(a) holds office for the period, not exceeding
5 years, specified in his or her instrument of
appointment; and
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Part 4--Emergency Management Commissioner
s. 28
(b) is eligible for re-appointment; and
(c) holds office on the terms and conditions
determined by the Governor in Council.
(2) The Emergency Management Commissioner must
5 be appointed on a full-time basis.
28 Resignation or vacancy in office
The Emergency Management Commissioner
ceases to hold office if he or she--
(a) resigns by notice in writing delivered to the
10 Governor in Council; or
(b) becomes an insolvent under administration;
or
(c) is convicted of an indictable offence or an
offence that, if committed in Victoria, would
15 be an indictable offence; or
(d) nominates for election for the Parliament of
Victoria or of the Commonwealth or of
another State or a Territory of the
Commonwealth; or
20 (e) is suspended or removed from office under
section 29.
29 Suspension and removal from office
The Governor in Council may suspend or remove
the Emergency Management Commissioner from
25 office on any of the following grounds--
(a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of the office;
(d) any other ground on which the Governor in
30 Council is satisfied that the Emergency
Management Commissioner is unfit to hold
office.
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Part 4--Emergency Management Commissioner
s. 30
30 Acting Emergency Management Commissioner
(1) If the Emergency Management Commissioner
ceases to hold office in accordance with
section 28, the Minister must appoint a person to
5 act in the office of Emergency Management
Commissioner.
(2) Subject to this section, a person appointed under
subsection (1) can be appointed for a period not
exceeding 12 weeks.
10 (3) If the Minister considers it necessary to do so, the
Minister may extend the period of appointment
under subsection (2) for a further period not
exceeding 12 weeks or further periods each of
which must not exceed 12 weeks.
15 (4) While a person is acting in the office of
Emergency Management Commissioner, the
person--
(a) has and may exercise all the powers and
must perform all the functions of that office;
20 and
(b) is entitled to be paid the remuneration and
allowances which the Emergency
Management Commissioner would have
been entitled to.
25 (5) If the Emergency Management Commissioner is
unable to perform the duties of the office of
Emergency Management Commissioner and the
Minister has not appointed a person to act in the
office of Emergency Management Commissioner,
30 the Chief Commissioner of Police must by virtue
of this subsection, act in the office of the
Emergency Management Commissioner until--
(a) the Emergency Management Commissioner
is able to perform the duties of the office of
35 Emergency Management Commissioner; or
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Part 4--Emergency Management Commissioner
s. 31
(b) the Minister appoints a person to act in the
office of the Emergency Management
Commissioner; or
(c) the Governor in Council appoints a person to
5 be the Emergency Management
Commissioner--
whichever first occurs.
(6) If the Chief Commissioner of Police is acting in
the office of Emergency Management
10 Commissioner under subsection (5), the Chief
Commissioner of Police has and may exercise all
the powers and must perform all the functions of
that office.
31 Delegation
15 The Emergency Management Commissioner, by
instrument, may delegate any function or power
conferred on the Emergency Management
Commissioner by or under this Act (other than
this power of delegation) or any other Act to any
20 person who in the opinion of the Emergency
Management Commissioner has relevant
emergency management experience.
32 Functions of the Emergency Management
Commissioner
25 (1) The functions of the Emergency Management
Commissioner are to--
(a) be responsible for the coordination of the
activities of agencies having roles or
responsibilities in relation to the response to
30 Class 1 emergencies or Class 2 emergencies;
and
(b) ensure that control arrangements are in place
during a Class 1 emergency or a Class 2
emergency; and
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Part 4--Emergency Management Commissioner
s. 32
(c) appoint a State Response Controller in
relation to a Class 1 emergency; and
(d) manage the State's primary control centre on
behalf of, and in collaboration with, all
5 agencies that may use the primary control
centre for emergencies; and
(e) ensure that the Minister is provided with
timely and up to date information in relation
to--
10 (i) the actual or imminent occurrence of
events which may lead to major
emergencies; and
(ii) the response to major emergencies; and
(f) be responsible for consequence management
15 for a major emergency in accordance with
section 45; and
(g) be responsible for coordinating recovery
under Division 5; and
(h) lead and promote the implementation of the
20 Strategic Action Plan to the extent that it
relates to the improvement of the operational
capability of responder agencies; and
(i) where relevant, oversee the continuation of
the operational reforms provided for in the
25 fire services reform action plan; and
(j) develop and maintain operational standards
for the performance of emergency
management functions by responder
agencies; and
30 (k) develop and maintain incident management
operating procedures for responder agencies;
and
(l) coordinate data collection and impact
assessment processes; and
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Part 4--Emergency Management Commissioner
s. 33
(m) provide advice to the Minister on any matter
relating to the functions of the Emergency
Management Commissioner; and
(n) perform any other function conferred on the
5 Emergency Management Commissioner by
or under this or any other Act.
(2) In performing the functions specified in this
section, the Emergency Management
Commissioner must have regard to the
10 fundamental importance of the role that volunteers
play in the performance of emergency
management functions in Victoria.
33 Powers of the Emergency Management
Commissioner
15 The Emergency Management Commissioner has
power to do all things that are necessary or
convenient to be done for or in connection with,
the performance of the functions of the
Emergency Management Commissioner.
20 34 Information to be provided to Emergency
Management Commissioner
(1) For the purpose of enabling the Emergency
Management Commissioner to perform the
functions specified in section 32(1)(a), (b) and (e),
25 the appointed State Response Controller or
relevant control agency under the state emergency
response plan must provide such information in
relation to control arrangements to the Emergency
Management Commissioner as the Emergency
30 Management Commissioner may request.
(2) For the purpose of enabling the Emergency
Management Commissioner to perform the
function specified in section 32(1)(f), an agency
must provide such information in relation to
35 consequence management to the Emergency
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Emergency Management Bill 2013
Part 4--Emergency Management Commissioner
s. 35
Management Commissioner as the Emergency
Management Commissioner may request.
35 Information gathering
(1) The Emergency Management Commissioner, by
5 written notice, may require an agency or a
Department to give to the Emergency
Management Commissioner any information that
the Emergency Management Commissioner
reasonably believes is necessary for the purposes
10 of performing the functions specified in section
32(1)(j), (k) and (l).
(2) Within 28 days of receiving a notice under
subsection (1), the agency or Department must
give the information to the Emergency
15 Management Commissioner, unless--
(a) the Emergency Management Commissioner
has agreed to allow an extension of time for
the giving of the information; or
(b) the Emergency Management Commissioner
20 has agreed that the agency or Department is
not able to give the information.
(3) If the Emergency Management Commissioner
reasonably believes that it is urgent that
information that he or she has required to be given
25 under a notice under subsection (1), be given
within a lesser time than that specified in
subsection (2), the Emergency Management
Commissioner may specify a lesser period for the
giving of the information and the information
30 must be given within the period so specified.
(4) If the Emergency Management Commissioner has
agreed to allow an extension of time under
subsection (2), the agency or Department must
give the information to the Emergency
35 Management Commissioner within the time
agreed on.
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Part 4--Emergency Management Commissioner
s. 36
36 Constraints on access to information not to apply
(1) No obligation to maintain secrecy or other
restriction on the disclosure of information
obtained by or furnished to persons employed in
5 the public service or by an agency, if imposed by
or under an Act or rule of law, applies to the
disclosure of information required by the
Emergency Management Commissioner under
section 35.
10 (2) The Emergency Management Commissioner or
any other person must not divulge or
communicate, except to another person
performing duties under this Act, any information
which has come to the knowledge of the
15 Emergency Management Commissioner by
reason, directly or indirectly of subsection (1), if
the person from whom that information was
obtained could not, but for that subsection,
lawfully have divulged that information to the
20 Emergency Management Commissioner or other
person.
Division 2--Control of response activities
37 Control of emergency response to Class 1
emergency
25 (1) If the Emergency Management Commissioner
considers that a Class 1 emergency--
(a) is occurring; or
(b) may occur; or
(c) has occurred--
30 in any area of the State, the Emergency
Management Commissioner must appoint a State
Response Controller to be responsible for the
control of response activities in relation to the
Class 1 emergency.
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Part 4--Emergency Management Commissioner
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(2) The Emergency Management Commissioner must
appoint as the State Response Controller a person
who in the opinion of the Emergency
Management Commissioner has relevant expertise
5 in managing hazards relevant to the Class 1
emergency.
(3) The appointment of a State Response Controller
and assistant controllers must be consistent with
the state emergency response plan.
10 (4) If the Emergency Management Commissioner
considers that it is necessary to do so because the
control response is not being exercised effectively,
the Emergency Management Commissioner
may--
15 (a) direct the State Response Controller as to the
exercise of specified control response
activities; or
(b) override or exercise specified control
response activities.
20 (5) A State Response Controller may appoint one or
more assistant controllers for the Class 1
emergency.
(6) The appointment of the State Response Controller
or an assistant controller has effect for the period
25 specified in the instrument of appointment.
(7) The State Response Controller or an assistant
controller has in relation to the Class 1 emergency
all the powers and authorities that the Chief
Officer of the relevant control agency under the
30 state emergency response plan has conferred on
them by the relevant Act under which the relevant
control agency is established.
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Part 4--Emergency Management Commissioner
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38 Control of response to fire other than a major fire
(1) In this section, fire means a fire other than a major
fire.
(2) This section applies if there is a fire which is
5 burning, or a fire may occur or which has
occurred, in any area of the State.
(3) The Chief Officers of the fire services agencies
may, by agreement, appoint the Chief Officer or
another officer of one of the agencies to have the
10 overall control of response activities in relation to
the fire.
(4) In the absence of an agreement under subsection
(3), the Emergency Management Commissioner
may direct a Chief Officer of a fire services
15 agency to appoint a Chief Officer or another
officer of one of the fire services agencies to have
the overall control of response activities in
relation to the fire.
(5) A Chief Officer or other officer appointed under
20 subsection (3) or (4) may--
(a) appoint one or more assistant controllers for
the fire; or
(b) transfer control of any response activity to
one or more other persons.
25 (6) An appointment of an officer under subsection (4)
or (5)(a) has effect for the period specified in the
instrument of appointment.
(7) Any officer appointed under subsection (3), (4)
or (5)(a) may exercise the powers and authorities
30 conferred by the Country Fire Authority Act
1958 on the Chief Officer of the Country Fire
Authority in relation to the control of response
activities in relation to the fire in relation to which
he or she has overall control.
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Part 4--Emergency Management Commissioner
s. 39
39 Control of emergency response to Class 2
emergencies
(1) At the request of the Emergency Management
Commissioner or of their own volition, the
5 officers in charge of agencies having roles or
responsibilities under the state emergency
response plan in relation to the emergency
response to Class 2 emergencies or the senior
officer of each such agency may determine the
10 priority of the responsibilities of those agencies
either during or in anticipation of a Class 2
emergency.
(2) In the absence of an agreement under subsection
(1), the Emergency Management Commissioner
15 may determine the priority of the response roles of
the agencies.
(3) The officer in charge of an agency having overall
control of response activities in relation to a
Class 2 emergency may, with the consent of the
20 officer in charge of another agency, transfer
control of any response activity in relation to that
emergency to any officer of that other agency.
(4) The officer in charge of an agency having overall
control of response activities in relation to a
25 Class 2 emergency or an officer in charge of
another agency to which control of any response
activity is transferred under subsection (3) may--
(a) appoint one or more controllers or assistant
controllers for the Class 2 emergency; or
30 (b) transfer control of any response activity to
one or more other persons.
(5) An appointment of an officer under subsection
(4)(a) has effect for the period specified in the
instrument of appointment.
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Part 4--Emergency Management Commissioner
s. 40
(6) The officer in charge of another agency to which
control of any response activity is transferred
under subsection (3) or an officer appointed under
subsection (4)(a) may exercise the powers of the
5 chief operational officer of the agency having
overall control of response activities in relation to
the emergency.
40 Emergency Management Commissioner may advise
or direct officers to exercise control powers
10 The Emergency Management Commissioner may
advise, or if the Emergency Management
Commissioner considers it necessary, direct--
(a) a Chief Officer or other officer appointed
under section 38(3) or (4) to exercise his or
15 her power under section 38(5); or
(b) the officer in charge of an agency having
overall control of response activities in
relation to a Class 2 emergency, or an officer
in charge of another agency to which control
20 of any response activity is transferred under
section 39(3), to exercise his or her power
under section 39(4).
41 Division to prevail
This Division prevails over--
25 (a) sections 33(2) and 93B(1) of the Country
Fire Authority Act 1958; and
(b) section 55E of the Metropolitan Fire
Brigades Act 1958; and
(c) section 39 of the Victoria State Emergency
30 Service Act 2005--
to the extent of any inconsistency.
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Part 4--Emergency Management Commissioner
s. 42
Division 3--Community warnings about fires
42 Emergency Management Commissioner must
ensure community is warned about fires
(1) The Emergency Management Commissioner must
5 ensure that warnings are issued and information is
provided to the community in relation to fires in
Victoria for the purposes of protecting life and
property.
(2) In complying with this section, the Emergency
10 Management Commissioner must have regard to
any guidelines, procedures and operating
protocols issued under section 44.
43 Responsibility to issue warnings and provide
information
15 (1) If a fire is a major fire, the State Response
Controller is responsible for issuing warnings and
providing information to the community in
relation to the major fire for the purposes of
protecting life and property.
20 (2) If a fire is a fire other than a major fire, the officer
who has overall control of response activities in
relation to the fire is responsible for issuing
warnings and providing information to the
community in relation to the fire for the purposes
25 of protecting life and property.
(3) In complying with this section, the State Response
Controller or the officer who has overall control
of response activities in relation to the fire, must
have regard to any guidelines, procedures and
30 operating protocols issued under section 44.
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Part 4--Emergency Management Commissioner
s. 44
44 Emergency Management Commissioner may issue
guidelines, procedures and protocols in relation to
duty to warn the community
(1) The Emergency Management Commissioner may
5 issue guidelines, procedures or operating
protocols for the purposes of this Division.
(2) Before issuing any guidelines, procedures or
protocols referred to in subsection (1), the
Emergency Management Commissioner must
10 consult with the fire services agencies.
(3) Guidelines, procedures or operating protocols in
force under section 25 of the Fire Services
Commissioner Act 2010 immediately before the
commencement of section 77 are to be taken to
15 have been issued under this section.
Division 4--Consequence management
45 Consequence management
(1) Consequence management means the coordination
of agencies, including agencies who engage the
20 skills and services of non-government
organisations, which are responsible for managing
or regulating services or infrastructure which is, or
may be, affected by a major emergency.
(2) The objective of consequence management is to
25 minimise the adverse consequences to users of
services or infrastructure caused by the
interruption to the services or infrastructure as a
consequence of the major emergency while
having regard to the need to ensure that--
30 (a) safety considerations are paramount; and
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Part 4--Emergency Management Commissioner
s. 46
(b) if the major emergency is due to--
(i) a hi-jack, siege or riot; or
(ii) a warlike act or an act of terrorism--
the exercise of police powers is not to be
5 interfered with.
Division 5--Recovery
46 Emergency Management Commissioner to be
responsible for recovery coordination
The Emergency Management Commissioner is
10 responsible for the coordination of the activities of
organisations, including agencies, having roles or
responsibilities under the state emergency
recovery plan in relation to recovery from all
emergencies.
15 47 Provision of information in relation to recovery
Organisations, including agencies, having roles or
responsibilities in relation to recovery from all
emergencies, must provide information to the
Emergency Management Commissioner to enable
20 the Emergency Management Commissioner to
perform the functions specified in section 32(1)(g)
and (m).
Division 6--Operational standards for responder agencies
48 Emergency Management Commissioner to develop
25 operational standards for responder agencies
(1) The Emergency Management Commissioner must
develop, and review from time to time,
operational standards in relation to the
performance by responder agencies of their
30 functions.
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Part 4--Emergency Management Commissioner
s. 49
(2) The Emergency Management Commissioner must
consult with the responder agencies and
Emergency Management Victoria in developing
or reviewing the standards.
5 (3) A responder agency must cooperate with the
Emergency Management Commissioner in any
consultation under subsection (2).
(4) The Emergency Management Commissioner
must--
10 (a) develop or review a standard in a manner
that is reasonable; and
(b) in developing or reviewing a standard, have
regard to the resources available to a
responder agency in the performance of any
15 functions to which the standard relates.
(5) Performance standards in force under section 19
of the Fire Services Commissioner Act 2010
immediately before the commencement of
section 77 are to be taken to be operational
20 standards developed under this section.
49 Emergency Management Commissioner must give
operational standards to certain persons
The Emergency Management Commissioner
must--
25 (a) give the operational standards developed
under section 48 for a responder agency to--
(i) the responder agency; and
(ii) Emergency Management Victoria; and
(iii) the Inspector-General for Emergency
30 Management; and
(b) publish the operational standards on
Emergency Management Victoria's Internet
site.
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Part 4--Emergency Management Commissioner
s. 50
Division 7--Incident management operating procedures
50 Incident management operating procedures
(1) The Emergency Management Commissioner must
develop, and review from time to time, operating
5 procedures for the planning and preparation for
the response to and responding to, emergencies,
including--
(a) training, development and accreditation of
incident management personnel; and
10 (b) incident management facilities; and
(c) incident management systems; and
(d) the management of the State's primary
control centre for the response to
emergencies.
15 (2) In developing, or reviewing, incident management
operating procedures, the Emergency
Management Commissioner must--
(a) consult with the responder agencies and
Emergency Management Victoria; and
20 (b) have regard to any procedures of a similar
kind that a responder agency has in place for
the planning and preparation of the response
to, and responding to, emergencies,
including any joint procedures with other
25 responder agencies.
(3) A responder agency must cooperate with the
Emergency Management Commissioner in any
consultation under subsection (2)(a).
(4) The Emergency Management Commissioner must
30 develop or review incident management operating
procedures in a manner that is reasonable.
(5) If incident management operating procedures
developed under this section are inconsistent with
procedures of a similar kind that a responder
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Part 4--Emergency Management Commissioner
s. 51
agency has in place for the planning and
preparation of the response to, and responding to,
an emergency, including any joint procedures with
other responder agencies, the incident
5 management operating procedures prevail to the
extent of the inconsistency.
(6) Incident management operating procedures in
force under section 21 of the Fire Services
Commissioner Act 2010 immediately before the
10 commencement of section 77 are to be taken to
have been developed under this section.
51 Emergency Management Commissioner must give
incident management operating procedures to
certain persons
15 The Emergency Management Commissioner must
give incident management operating procedures
developed under section 50 to--
(a) each responder agency; and
(b) Emergency Management Victoria; and
20 (c) the Inspector-General for Emergency
Management.
52 Publication of incident management operating
procedures on Internet
The Emergency Management Commissioner must
25 publish incident management operating
procedures developed under section 50 on
Emergency Management Victoria's Internet site
unless the Emergency Management
Commissioner considers that it is not in the public
30 interest to do so.
__________________
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Emergency Management Bill 2013
Part 5--State Emergency Response Plan
s. 53
PART 5--STATE EMERGENCY RESPONSE PLAN
53 Preparation and review of state emergency response
plan
(1) The Minister must arrange for the preparation and
5 review of a state emergency response plan for the
coordinated response to emergencies by all
agencies having roles or responsibilities in
relation to the response to emergencies.
(2) The Minister must consult with the State Crisis
10 and Resilience Council before arranging for the
preparation and review of the state emergency
response plan.
(3) The Minister may, by instrument, delegate any
function or power of the Minister under this
15 section, other than this power of delegation, to the
Emergency Management Commissioner.
(4) The state emergency response plan which is in
force under section 10 of the Emergency
Management Act 1986 immediately before the
20 commencement of this section is to be taken to
have been prepared under this section.
54 Contents of state emergency response plan
The state emergency response plan must contain
provisions--
25 (a) identifying, in relation to each form of
emergency specified, the agency primarily
responsible for responding to the emergency
(the control agency); and
(b) relating to the coordination of the activities
30 of other agencies in support of a responsible
agency in the event of an emergency; and
(c) specifying the roles of agencies in the event
of an emergency; and
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Part 5--State Emergency Response Plan
s. 55
(d) with respect to any act, matter or thing
relating to consequence management; and
(e) specifying the roles and responsibilities of
coordinators appointed under section 56; and
5 (f) defining regions for the purposes of
section 56.
55 Publication of state emergency response plan or
review
(1) As soon as practicable after the state emergency
10 response plan is prepared the Minister must--
(a) in such manner as the Minister determines,
publish the state emergency response plan;
and
(b) forward a copy of the state emergency
15 response plan to each agency to which it
applies.
(2) As soon as practicable after the state emergency
response plan is reviewed the Minister must--
(a) in such manner as the Minister determines,
20 publish details of the review; and
(b) forward a copy of the results of the review to
each agency to which the state emergency
response plan applies.
56 Regional and municipal district emergency response
25 coordinators
(1) The Chief Commissioner of Police must, on the
request of the Emergency Management
Commissioner, appoint a member of the police
force to be an emergency response coordinator for
30 each region and municipal district.
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Part 5--State Emergency Response Plan
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(2) In the event of an emergency, directions
concerning the allocation of resources in
responding to that emergency may be given to all
relevant agencies having roles or responsibilities
5 in relation to the response to emergencies by--
(a) in the case of an emergency which affects
one municipal district only, the coordinator
appointed for that municipal district; or
(b) in the case of an emergency that affects more
10 than one municipal district within a region,
the coordinator appointed for that region; or
(c) in the case of an emergency which affects
more than one region, the Emergency
Management Commissioner.
15 57 Senior Police Liaison Officer
(1) The Chief Commissioner of Police must appoint a
member of the police force to be the Senior Police
Liaison Officer.
(2) The functions of the Senior Police Liaison Officer
20 are to--
(a) provide advice to the Emergency
Management Commissioner under
subsection (3); and
(b) deal with requests to, or from, any member
25 of the police force appointed as an
emergency response coordinator for a region
or municipal district under section 56.
(3) If as part of the Emergency Management
Commissioner's function under section 32(1)(a)
30 the Emergency Management Commissioner is
performing functions relating to the coordination
of regional or municipal response, the Emergency
Management Commissioner must take into
account the advice of the Senior Police Liaison
35 Officer.
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Part 5--State Emergency Response Plan
s. 58
58 Regional emergency response committees
The Emergency Management Commissioner may
establish such committees as are necessary at
regional levels to plan the coordinated response to
5 emergencies by all agencies having roles or
responsibilities in relation to the response to
emergencies.
__________________
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Emergency Management Bill 2013
Part 6--State Emergency Recovery Plan
s. 59
PART 6--STATE EMERGENCY RECOVERY PLAN
59 Preparation and review of state emergency recovery
plan
(1) The Minister must arrange for the preparation and
5 review of a state emergency recovery plan for the
coordinated planning and management of
emergency recovery.
(2) The Minister must consult with the State Crisis
and Resilience Council before arranging for the
10 preparation and review of the state emergency
recovery plan.
(3) The Minister may, by instrument, delegate any
function or power of the Minister under this
section, other than this power of delegation, to the
15 Emergency Management Commissioner.
(4) The state emergency recovery plan which is in
force under section 17A of the Emergency
Management Act 1986 immediately before the
commencement of this section is to be taken to
20 have been prepared under this section.
60 Contents of state emergency recovery plan
The state emergency recovery plan must contain
provisions--
(a) specifying the roles of agencies in
25 emergency recovery; and
(b) specifying the Department or agency with
responsibility for coordinating particular
aspects of recovery, including recovery at the
regional level; and
30 (c) relating to the coordination of the activities
of agencies; and
(d) defining regions for the purposes of regional
recovery coordination.
__________________
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Part 7--Inspector-General for Emergency Management
s. 61
PART 7--INSPECTOR-GENERAL FOR EMERGENCY
MANAGEMENT
61 Inspector-General for Emergency Management
(1) There is to be an Inspector-General for
5 Emergency Management.
(2) The Inspector-General for Emergency
Management is to be employed under Part 3 of the
Public Administration Act 2004.
62 Objectives of the Inspector-General for Emergency
10 Management
The objectives of the Inspector-General for
Emergency Management are to--
(a) provide assurance to the Government and the
community in respect of emergency
15 management arrangements in Victoria; and
(b) foster continuous improvement of
emergency management in Victoria.
63 Delegation
The Inspector-General for Emergency
20 Management, by instrument, may delegate any
function or power conferred on the Inspector-
General for Emergency Management by or under
this Act (other than this power of delegation) or
any other Act to any person who in the opinion of
25 the Inspector-General for Emergency
Management has relevant emergency management
experience.
64 Functions of the Inspector-General for Emergency
Management
30 (1) The functions of the Inspector-General for
Emergency Management are to--
(a) develop and maintain a monitoring and
assurance framework for emergency
management, including outcome measures,
571268B.I-15/10/2013 43 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 7--Inspector-General for Emergency Management
s. 64
against which the capacity, capability and
performance of the emergency management
sector is to be assessed; and
(b) undertake system-wide reviews, including
5 reviewing the emergency management
functions of responder agencies and
Departments in relation to the monitoring
and assurance framework; and
(c) at the request of the Minister, provide advice
10 to, or prepare a report for, the Minister on
any matter relating to the functions of the
Inspector-General for Emergency
Management; and
(d) evaluate state-wide training and exercising
15 arrangements to maintain and strengthen
emergency management capability; and
(e) monitor and report to the Minister on the
implementation of the Strategic Action Plan
by--
20 (i) responder agencies; and
(ii) Departments; and
(ii) the Emergency Services
Telecommunications Authority; and
(iv) Emergency Management Victoria; and
25 (f) monitor and investigate the performance
(in matters that are not financial matters) of
the Emergency Services
Telecommunications Authority in relation to
the provision of services by the Emergency
30 Services Telecommunications Authority to
emergency services and other related
services organisations; and
571268B.I-15/10/2013 44 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 7--Inspector-General for Emergency Management
s. 65
(g) make recommendations to the Minister about
matters arising from any monitoring or
investigation of the Emergency Services
Telecommunications Authority; and
5 (h) perform any other functions conferred on the
Inspector-General for Emergency
Management by or under this or any other
Act.
(2) In making recommendations when performing
10 functions under this section, the Inspector-General
for Emergency Management must have regard to
the resources that agencies have to implement the
recommendations.
(3) In performing the functions conferred on the
15 Inspector-General for Emergency Management,
the Inspector-General for Emergency
Management may, subject to sections 65(1)
and 67, consult with relevant stakeholders.
65 Provisions relating to the monitoring and assurance
20 framework
(1) In performing functions under section 64(1)(a),
the Inspector-General for Emergency
Management must consult with--
(a) the parts of the emergency management
25 sector affected by the monitoring and
assurance framework; and
(b) the State Crisis and Resilience Council.
(2) The Inspector-General for Emergency
Management must in developing a monitoring and
30 assurance framework submit the monitoring and
assurance framework to the Minister for approval.
(3) Before approving the monitoring and assurance
framework, the Minister must consult with other
relevant Ministers.
571268B.I-15/10/2013 45 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 7--Inspector-General for Emergency Management
s. 66
(4) The Minister may approve the monitoring and
assurance framework.
66 Provisions relating to system review
(1) For the purpose of performing the functions under
5 section 64(1)(b), the Inspector-General for
Emergency Management must prepare an annual
forward plan of reviews.
(2) In preparing the annual forward plan of reviews,
the Inspector-General for Emergency
10 Management must consult with the agencies or
Departments affected.
(3) The Inspector-General for Emergency
Management must provide a copy of the annual
forward plan of reviews to the Minister.
15 67 Provisions relating to advice and reports
In performing functions under section 64(1)(b)
and (c), the Inspector-General for Emergency
Management must--
(a) take into account the role and functions of
20 the Coroner, Victoria Police, the Director of
Public Prosecutions, the Commissioner for
Law Enforcement Data Security and the
IBAC; and
(b) consult with the Coroner, Victoria Police, the
25 Director of Public Prosecutions, the
Commissioner for Law Enforcement Data
Security and the IBAC, as the Inspector-
General for Emergency Management
considers appropriate to ensure that the
30 Inspector-General for Emergency
Management does not prejudice the
performance of their functions.
571268B.I-15/10/2013 46 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 7--Inspector-General for Emergency Management
s. 68
68 Powers of the Inspector-General for Emergency
Management
The Inspector-General for Emergency
Management has power to do all things necessary
5 or convenient to be done for or in connection
with, the performance of the functions of the
Inspector-General for Emergency Management.
69 Information gathering for purpose of section
64(1)(b), (c), (f) or (g)
10 (1) The Inspector-General for Emergency
Management, by written notice, may require a
relevant agency to give to the Inspector-General
for Emergency Management any information that
the Inspector-General for Emergency
15 Management reasonably believes is necessary for
the purposes of performing the function specified
in sections 64(1)(b), (c), (f) or (g).
(2) Within 28 days of receiving a notice under
subsection (1), the relevant agency must give the
20 information to the Inspector-General for
Emergency Management, unless--
(a) the Inspector-General for Emergency
Management has agreed to allow an
extension of time for the giving of the
25 information; or
(b) the Inspector-General for Emergency
Management has agreed that the relevant
agency is not able to give the information.
(3) If the Inspector-General for Emergency
30 Management reasonably believes that it is urgent
that information required to be given under a
notice under subsection (1), be given within a
lesser time than that specified in subsection (2),
the Inspector-General for Emergency
35 Management may specify a lesser period for the
571268B.I-15/10/2013 47 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 7--Inspector-General for Emergency Management
s. 70
giving of the information and the information
must be given within the period so specified.
(4) If the Inspector-General for Emergency
Management has agreed to allow an extension of
5 time under subsection (2), the relevant agency
must give the information to the Inspector-
General for Emergency Management within the
time agreed on.
(5) In this section and section 70, relevant agency
10 means any of the following--
(a) an agency or Department;
(b) the Emergency Management Commissioner;
(c) the Emergency Services
Telecommunications Authority;
15 (d) any other public entity within the meaning of
section 5 of the Public Administration Act
2004;
(e) any non-government body or organisation
prescribed for the purposes of this section.
20 70 Provisions for reviews and reports for the purposes
of section 64(1)(b) or (c)
(1) If a review or report for the purposes of section
64(1)(b) or (c), relates to a relevant agency, the
Inspector-General for Emergency Management
25 must provide a draft copy of the review or report
to the relevant agency for comment and response.
(2) A person who receives a draft copy of a review or
report under subsection (1) must not disclose the
contents of the review or report, except to the
30 extent necessary for the purposes of the relevant
agency providing comment or response.
Penalty: 5 penalty units.
571268B.I-15/10/2013 48 BILL LA INTRODUCTION 15/10/2013
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Part 7--Inspector-General for Emergency Management
s. 71
(3) The Inspector-General for Emergency
Management must take into account any comment
or response received under subsection (1) in
preparing the final review or report.
5 (4) The Inspector-General for Emergency
Management must provide a copy of the final
review or report to the Minister.
(5) If a review or report contains any matter relating
to an area of responsibility of another Minister,
10 the Minister must consult with that Minister.
(6) The Minister may, with the agreement of any
other relevant Minister, make the review or report
or any part of the review or report publicly
available.
15 (7) If the final review or report is to be made publicly
available, the review or report must not include
any information that discloses the identity of any
person.
(8) If the Minister considers it appropriate to do so,
20 the Minister may, with the agreement of any other
relevant Minister, provide the review or report or
any part of the review or report to the State Crisis
and Resilience Council for implementation.
71 Monitoring of Emergency Services
25 Telecommunications Authority
(1) The Inspector-General for Emergency
Management must, from time to time, arrange for
the monitoring and investigation of the
performance (in matters that are not financial
30 matters) of the Emergency Services
Telecommunications Authority in relation to the
provision of services by the Authority to
emergency services and other related services
organisations.
571268B.I-15/10/2013 49 BILL LA INTRODUCTION 15/10/2013
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Part 7--Inspector-General for Emergency Management
s. 72
(2) The Inspector-General for Emergency
Management may make an arrangement for the
monitoring and investigation of the performance
of the Emergency Services Telecommunications
5 Authority under subsection (1) either--
(a) of his or her own motion; or
(b) at the request of the Minister; or
(c) at the request of an emergency services and
other related services organisation to whom
10 the Emergency Services
Telecommunications Authority has provided
services.
(3) The Inspector-General for Emergency
Management may make recommendations to the
15 Minister about any matter arising from any
monitoring or investigation of the performance of
the Emergency Services Telecommunications
Authority under subsection (1).
72 Confidential information
20 (1) The Inspector-General for Emergency
Management or any person performing any
function or exercising any power on behalf of the
Inspector-General for Emergency Management or
engaged by the Inspector-General for Emergency
25 Management must not, directly or indirectly,
provide or disclose any confidential information
acquired by the Inspector-General for Emergency
Management or that person by reason of, or in the
course of, the performance of the functions or the
30 exercise of the powers of the Inspector-General
for Emergency Management under this Act
except--
(a) for the performance of the functions or the
exercise of the powers of the Inspector-
35 General for Emergency Management under
this Act; or
571268B.I-15/10/2013 50 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 7--Inspector-General for Emergency Management
s. 73
(b) where the confidential information may
relate to matters relevant to the commission
of a criminal offence and the Inspector-
General for Emergency Management
5 considers that it would be in the public
interest to do so, for the purpose of
disclosing that confidential information to
the Director of Public Prosecutions or a
member of the police force; or
10 (c) where the confidential information is
requested by the Coroner or where the
Inspector-General for Emergency
Management considers that it would be in
the public interest to provide the confidential
15 information to the Coroner having regard to
the functions of the Coroner; or
(d) where the confidential information is
provided or disclosed to--
(i) the Commissioner for Law
20 Enforcement Data Security; or
(ii) the IBAC.
Penalty: 5 penalty units.
(2) In this section, confidential information means
information acquired by the Inspector-General for
25 Emergency Management or another person, by
reason of, or in the course of, conducting a review
or preparing a report for the purposes of section
64(1)(b) or (c) which is information that is not
already available in the public domain.
30 73 Constraints on access to information not to apply
(1) No obligation to maintain secrecy or other
restriction on the disclosure of information
acquired by persons employed in the public
service or by a relevant agency within the
35 meaning of section 69(5), if imposed by or under
an Act or rule of law, applies to the disclosure of
571268B.I-15/10/2013 51 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 7--Inspector-General for Emergency Management
s. 74
information required by the Inspector-General for
Emergency Management under section 69.
(2) The Inspector-General for Emergency
Management or any other person must not divulge
5 or communicate, except to another person
performing duties under this Part, any information
which has come to the knowledge of the
Inspector-General for Emergency Management by
reason, directly or indirectly of subsection (1), if
10 the person from whom that information was
obtained could not, but for that subsection,
lawfully have divulged that information to the
Inspector-General for Emergency Management or
other person.
15 74 Protection of person providing information
Information provided by any person to the
Inspector-General for Emergency Management
under section 69 which is not otherwise accessible
cannot be used in any proceeding against that
20 person.
__________________
571268B.I-15/10/2013 52 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 8--General
s. 75
PART 8--GENERAL
75 Immunity
(1) The Emergency Management Commissioner or a
State Response Controller is not personally liable
5 for any thing done or omitted to be done in good
faith--
(a) in the exercise of a power or the discharge of
a duty under this Act or the regulations or
any other Act or regulations made under that
10 Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the discharge of a duty under this Act or the
regulations or any other Act or regulations
15 made under that Act.
(2) Any liability resulting from an act or omission
that would but for subsection (1) attach to the
Emergency Management Commissioner or a State
Response Controller attaches to the Crown.
20 76 Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
25 Act.
__________________
571268B.I-15/10/2013 53 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 77
PART 9--CONSEQUENTIALS AND REPEALS
Division 1--Repeal of Fire Services Commissioner Act 2010
See: 77 Repeal of Fire Services Commissioner Act 2010
Act No.
73/2010 The Fire Services Commissioner Act 2010 is
5 and
amending
repealed.
Act Nos
73/2010 and
56/2011.
LawToday:
www.
legislation.
vic.gov.au
Division 2--Emergency Management Act 1986
78 Consequential repeals and amendments
See: (1) In section 4(1) of the Emergency Management
Act No.
30/1986. Act 1986, the definitions of chief officer,
10 Reprint No. 4
as at
Commissioner, Council, Fire Services
1 May 2008 Commissioner, fire services agency, major fire,
and state emergency recovery plan, State Emergency
amending
Act Nos Response Coordinator and state emergency
73/2009, response plan are repealed.
6/2010, 9/2010,
73/2010,
56/2011 and
5/2012.
LawToday:
www.
legislation.
vic.gov.au
15 (2) Insert the following definition in section 4(1) of
the Emergency Management Act 1986--
"Emergency Management Commissioner has the
same meaning as it has in section 3 of the
Emergency Management Act 2013;".
20 (3) Sections 6, 8, 9 and 9A and Parts 3, 3A and 4A of
the Emergency Management Act 1986 are
repealed.
571268B.I-15/10/2013 54 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 79
(4) In sections 7, 23(1), 36A(3), (6), (7) and 36B(4) of
the Emergency Management Act 1986 for "State
Emergency Response Coordinator" substitute
"Emergency Management Commissioner".
5 (5) In section 39(b) of the Emergency Management
Act 1986 after "plan" (where secondly occurring)
insert "under the Emergency Management Act
2013".
Division 3--Country Fire Authority Act 1958
10 79 Amendment of section 3--definitions
In section 3(1) of the Country Fire Authority See:
Act No.
Act 1958-- 6228.
Reprint No. 14
(a) in the definition of applicable work program as at
16 May 2012
for "Fire Services Commissioner Act 2010" and
15 substitute "Emergency Management Act amending
Act Nos
2013"; 20/2012,
35/2012 and
(b) for the definition of Emergency Services 58/2012.
Commissioner substitute-- LawToday:
www.
"Emergency Management Commissioner legislation.
vic.gov.au
20 has the same meaning as it has in
section 3 of the Emergency
Management Act 2013;";
(c) the definitions of Fire Services
Commissioner and fire services reform
25 action plan are repealed;
(d) in the definition of fire services agency for
"Fire Services Commissioner Act 2010"
substitute "Emergency Management Act
2013";
571268B.I-15/10/2013 55 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 80
(e) for the definition of incident management
operating procedures substitute--
"incident management operating
procedures has the same meaning as it
5 has in section 3 of the Emergency
Management Act 2013;";
(f) insert the following definitions--
"Inspector-General for Emergency
Management has the same meaning as
10 it has in section 3 of the Emergency
Management Act 2013;
State Crisis and Resilience Council has the
same meaning as it has in section 3 of
the Emergency Management Act
15 2013;
Strategic Action Plan has the same meaning
as it has in section 3 of the Emergency
Management Act 2013;".
80 Sections 6B to 6D substituted and sections 6DA
20 and 6DB inserted
For sections 6B to 6D of the Country Fire
Authority Act 1958 substitute--
"6B Objective
The objective of the Authority in performing
25 its functions and exercising its powers under
this Act is to--
(a) contribute to a whole of sector
approach to emergency management;
(b) promote a culture within the emergency
30 management sector of community
focus, interoperability and public value.
571268B.I-15/10/2013 56 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 80
6C Emergency Management Victoria
The Authority must, in performing its
functions and exercising its powers,
collaborate and consult with Emergency
5 Management Victoria.
6D Compliance with operational standards of
Emergency Management Commissioner
The Authority must use its best endeavours
to carry out its functions in accordance with
10 the operational standards developed by the
Emergency Management Commissioner
under the Emergency Management Act
2013.
6DA Report on compliance with operational
15 standards developed by the Emergency
Management Commissioner
(1) The Authority must, at the expiration of each
period of 6 months, report in writing on the
action it has taken during the preceding
20 6 months to comply with the operational
standards developed by the Emergency
Management Commissioner under the
Emergency Management Act 2013.
(2) A copy of the report prepared by the
25 Authority under subsection (1) must be given
to the Emergency Management
Commissioner.
6DB Strategic Action Plan
(1) The Authority must implement the
30 applicable work program to give effect to the
Strategic Action Plan.
(2) The Authority must prepare a written report
on the progress made, and achievements
attained, by the Authority to give effect to
35 the Strategic Action Plan at intervals
571268B.I-15/10/2013 57 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 81
determined by the State Crisis and Resilience
Council.
(3) The intervals must not be less than one a
year.
5 (4) The Authority must give a copy of a report
prepared by the Authority under subsection
(2) to the State Crisis and Resilience Council
and the Inspector-General for Emergency
Management.".
10 81 Consequential amendments
In the Country Fire Authority Act 1958--
(a) in section 20AAA(2), in paragraph (b) of the
definition of major emergency, for "Fire
Services Commissioner Act 2010"
15 substitute "Emergency Management Act
2013";
(b) section 50B(1)(a) is repealed;
(c) in section 50B(2) for "Fire Services
Commissioner under section 25 of the Fire
20 Services Commissioner Act 2010"
substitute "Emergency Management
Commissioner under section 44 of the
Emergency Management Act 2013";
(d) in section 50H(2) for "the Office of the
25 Emergency Services Commissioner"
substitute "Emergency Management
Victoria";
(e) in section 81A(1) and (2) for "Fire Services
Commissioner" substitute "Emergency
30 Management Commissioner";
(f) in sections 97A and 97B(1) after "1986"
insert "or the Emergency Management Act
2013".
571268B.I-15/10/2013 58 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 82
Division 4--Emergency Services Telecommunications
Authority Act 2004
82 Amendment of section 3--definitions
In section 3 of the Emergency Services See:
Act No.
5 Telecommunications Authority Act 2004-- 98/2004.
Reprint No. 1
(a) the definition of Commissioner is repealed; as at
21 May 2009
(b) insert the following definitions-- and
amending
"applicable work program means a work Act Nos
5/2012 and
program (within the meaning of the 82/2012.
10 Emergency Management Act 2013) LawToday:
www.
that applies to the Authority; legislation.
vic.gov.au
Emergency Management Commissioner has
the same meaning as it has in section 3
of the Emergency Management Act
15 2013;
Inspector-General for Emergency
Management has the same meaning as
it has in section 3 of the Emergency
Management Act 2013;
20 State Crisis and Resilience Council has the
same meaning as it has in section 3 of
the Emergency Management Act
2013;
Strategic Action Plan has the same meaning
25 as it has in section 3 of the Emergency
Management Act 2013;".
571268B.I-15/10/2013 59 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 83
83 New sections 6A to 6C inserted
After section 6 of the Emergency Services
Telecommunications Authority Act 2004
insert--
5 "6A Objective
The objective of the Authority in performing
its functions and exercising its powers under
this Act is to--
(a) contribute to a whole of sector
10 approach to emergency management;
(b) promote a culture within the emergency
management sector of community
focus, interoperability and public value.
6B Emergency Management Victoria
15 The Authority must, in performing its
functions and exercising its powers,
collaborate and consult with Emergency
Management Victoria.
6C Strategic Action Plan
20 (1) The Authority must implement the
applicable work program to give effect to the
Strategic Action Plan.
(2) The Authority must prepare a written report
on the progress made, and achievements
25 attained, by the Authority to give effect to
the Strategic Action Plan at intervals
determined by the State Crisis and Resilience
Council.
(3) The intervals must not be less than one a
30 year.
571268B.I-15/10/2013 60 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 84
(4) The Authority must give a copy of a report
prepared by the Authority under subsection
(2) to the State Crisis and Resilience Council
and the Inspector-General for Emergency
5 Management.".
84 Consequential amendments
(1) In the heading to section 30 of the Emergency
Services Telecommunications Authority Act
2004 for "Commissioner" substitute "Inspector-
10 General for Emergency Management".
(2) In section 30(1) of the Emergency Services
Telecommunications Authority Act 2004 for
"Commissioner" substitute "Inspector-General
for Emergency Management".
15 Division 5--Forests Act 1958
85 Amendment of section 3--definitions
In section 3(1) of the Forests Act 1958-- See:
Act No.
6254.
(a) in the definition of applicable work program Reprint No. 11
for "Fire Services Commissioner Act 2010" as at
20 substitute "Emergency Management Act 8 March 2011.
LawToday:
2013"; www.
legislation.
(b) insert the following definitions-- vic.gov.au
"Emergency Management Commissioner
has the same meaning as it has in
25 section 3 of the Emergency
Management Act 2013;
Inspector-General for Emergency
Management has the same meaning as
it has in section 3 of the Emergency
30 Management Act 2013;
State Crisis and Resilience Council has the
same meaning as it has in section 3 of
the Emergency Management Act
2013;
571268B.I-15/10/2013 61 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 86
Strategic Action Plan has the same meaning
as it has in section 3 of the Emergency
Management Act 2013;".
(c) the definitions of Fire Services
5 Commissioner and fire services reform
action plan are repealed;
(d) in the definition of fire services agency for
"Fire Services Commissioner Act 2010"
substitute "Emergency Management Act
10 2013";
(e) for the definition of incident management
operating procedures substitute--
"incident management operating
procedures has the same meaning as it
15 has in section 3 of the Emergency
Management Act 2013;".
86 Sections 61D and 61E substituted and sections 61EA
and 61EB inserted
For sections 61D and 61E of the Forests Act 1958
20 substitute--
"61D Emergency Management Victoria
The Secretary must, in performing its
functions and exercising its powers,
collaborate and consult with Emergency
25 Management Victoria.
61E Compliance with operational standards of
Emergency Management Commissioner
The Secretary must use its best endeavours
to carry out its functions in accordance with
30 the operational standards developed by the
Emergency Management Commissioner
under the Emergency Management Act
2013.
571268B.I-15/10/2013 62 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 86
61EA Report on compliance with operational
standards developed by the Emergency
Management Commissioner
(1) The Secretary must, at the expiration of each
5 period of 6 months, report in writing on the
action it has taken during the preceding
6 months to comply with the operational
standards developed by the Emergency
Management Commissioner under the
10 Emergency Management Act 2013.
(2) A copy of the report prepared by the
Secretary under subsection (1) must be given
to the Emergency Management
Commissioner.
15 61EB Strategic Action Plan
(1) The Secretary must implement the applicable
work program to give effect to the Strategic
Action Plan.
(2) The Secretary must prepare a written report
20 on the progress made, and achievements
attained, by the Secretary to give effect to the
Strategic Action Plan at intervals determined
by the State Crisis and Resilience Council.
(3) The intervals must not be less than one a
25 year.
(4) The Secretary must give a copy of a report
prepared by the Secretary under subsection
(2) to the State Crisis and Resilience Council
and the Inspector-General for Emergency
30 Management.".
571268B.I-15/10/2013 63 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 87
87 Consequential amendments
In the Forests Act 1958--
(a) section 62AA(1)(a) is repealed;
(b) in section 62AA(2) for "Fire Services
5 Commissioner under section 25 of the Fire
Services Commissioner Act 2010"
substitute "Emergency Management
Commissioner under section 44 of the
Emergency Management Act 2013".
10 Division 6--Metropolitan Fire Brigades Act 1958
88 Amendment of section 3--definitions
See: In section 3(1) of the Metropolitan Fire
Act No.
6315. Brigades Act 1958--
Reprint No. 11
as at (a) in the definition of applicable work program
15 16 June 2011
and
for "Fire Services Commissioner Act 2010"
amending substitute "Emergency Management Act
Act Nos
5/2012 and
2013";
58/2012.
LawToday: (b) in the definition of emergency for "section
www. 4(1) of the Emergency Management Act
legislation.
20 vic.gov.au 1986" substitute "section 3 of the
Emergency Management Act 2013";
(c) insert the following definitions--
"Emergency Management Commissioner
means the Emergency Management
25 Commissioner within the meaning of
the Emergency Management Act
2013;
Inspector-General for Emergency
Management has the same meaning as
30 it has in section 3 of the Emergency
Management Act 2013;
571268B.I-15/10/2013 64 BILL LA INTRODUCTION 15/10/2013
Emergency Management Bill 2013
Part 9--Consequentials and Repeals
s. 89
State Crisis and Resilience Council has the
same meaning as it has in section 3 of
the Emergency Management Act
2013;
5 Strategic Action Plan has the same meaning
as it has in section 3 of the Emergency
Management Act 2013;".
(d) the definitions of Fire Services
Commissioner and fire services reform
10 action plan are repealed;
(e) in the definition of fire services agency for
"Fire Services Commissioner Act 2010"
substitute "Emergency Management Act
2013";
15 (f) for the definition of incident management
operating procedures substitute--
"incident management operating
procedures has the same meaning as it
has in section 3 of the Emergency
20 Management Act 2013;".
89 Section 7A substituted and sections 7AB to 7AE
inserted
For section 7A of the Metropolitan Fire
Brigades Act 1958 substitute--
25 "7A Objective
The objective of the Board in performing its
functions and exercising its powers under
this Act is to--
(a) contribute to a whole of sector
30 approach to emergency management;
(b) promote a culture within the emergency
management sector of community
focus, interoperability and public value.
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7AB Emergency Management Victoria
The Board must, in performing its functions
and exercising its powers, collaborate and
consult with Emergency Management
5 Victoria.
7AC Compliance with operational standards of
Emergency Management Commissioner
The Board must use its best endeavours to
carry out its functions in accordance with the
10 operational standards developed by the
Emergency Management Commissioner
under the Emergency Management Act
2013.
7AD Report on compliance with operational
15 standards developed by the Emergency
Management Commissioner
(1) The Board must, at the expiration of each
period of 6 months, report in writing on the
action it has taken during the preceding
20 6 months to comply with the operational
standards developed by the Emergency
Management Commissioner under the
Emergency Management Act 2013.
(2) A copy of the report prepared by the Board
25 under subsection (1) must be given to the
Emergency Management Commissioner.
7AE Strategic Action Plan
(1) The Board must implement the applicable
work program to give effect to the Strategic
30 Action Plan.
(2) The Board must prepare a written report on
the progress made, and achievements
attained, by the Authority to give effect to
the Strategic Action Plan at intervals
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s. 90
determined by the State Crisis and Resilience
Council.
(3) The intervals must not be less than one a
year.
5 (4) The Board must give a copy of a report
prepared by the Board under subsection (2)
to the State Crisis and Resilience Council
and the Inspector-General for Emergency
Management.".
10 90 Consequential amendments
In the Metropolitan Fire Brigades Act 1958--
(a) sections 7(4), (5) and (6) are repealed;
(b) in section 7AA(2), in paragraph (b) of the
definition of major emergency for "Fire
15 Services Commissioner Act 2010"
substitute "Emergency Management Act
2013";
(c) section 32AA(1)(a) is repealed;
(d) in section 32AA(2) for "Fire Services
20 Commissioner under section 25 of the Fire
Services Commissioner Act 2010"
substitute "Emergency Management
Commissioner under section 44 of the
Emergency Management Act 2013";
25 (e) in section 45A(1) and (2) for "Fire Services
Commissioner" substitute "Emergency
Management Commissioner".
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s. 91
Division 7--Victoria State Emergency Service Act 2005
91 Amendment of section 3--definitions
See: In section 3 of the Victoria State Emergency
Act No.
51/2005. Service Act 2005--
Reprint No. 1
5 as at (a) in the definition of emergency for
23 October
2008
"Emergency Management Act 1986"
and substitute "Emergency Management Act
amending
Act Nos
2013";
9/2010,
56/2011 and (b) in the definition of State emergency
10 5/2012. recovery plan for "section 17A of the
LawToday:
www. Emergency Management Act 1986"
legislation. substitute "Part 6 of the Emergency
vic.gov.au
Management Act 2013";
(c) in the definition of state emergency response
15 plan for "section 10 of the Emergency
Management Act 1986" substitute "Part 5
of the Emergency Management Act 2013";
(d) insert the following definitions--
"applicable work program means a work
20 program (within the meaning of the
Emergency Management Act 2013)
that applies to the Authority;
Emergency Management Commissioner has
the same meaning as it has in section 3
25 of the Emergency Management Act
2013;
incident management operating procedures
has the same meaning as it has in
section 3 of the Emergency
30 Management Act 2013;
Inspector-General for Emergency
Management has the same meaning as
it has in section 3 of the Emergency
Management Act 2013;
571268B.I-15/10/2013 68 BILL LA INTRODUCTION 15/10/2013
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Part 9--Consequentials and Repeals
s. 92
State Crisis and Resilience Council has the
same meaning as it has in section 3 of
the Emergency Management Act
2013;
5 Strategic Action Plan has the same meaning
as it has in section 3 of the Emergency
Management Act 2013;".
92 Sections 4A to 4F inserted
After section 4 of the Victoria State Emergency
10 Service Act 2005 insert--
"4A Objective
The objective of the Authority in performing
its functions and exercising its powers under
this Act is to--
15 (a) contribute to a whole of sector
approach to emergency management;
(b) promote a culture within the emergency
management sector of community
focus, interoperability and public value.
20 4B Emergency Management Victoria
The Authority must, in performing its
functions and exercising its powers,
collaborate and consult with Emergency
Management Victoria.
25 4C Compliance with operational standards of
Emergency Management Commissioner
The Authority must use its best endeavours
to carry out its functions in accordance with
the operational standards developed by the
30 Emergency Management Commissioner
under the Emergency Management Act
2013.
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s. 92
4D Report on compliance with operational
standards developed by the Emergency
Management Commissioner
(1) The Authority must, at the expiration of each
5 period of 6 months, report in writing on the
action it has taken during the preceding
6 months to comply with the operational
standards developed by the Emergency
Management Commissioner under the
10 Emergency Management Act 2013.
(2) A copy of the report prepared by the
Authority under subsection (1) must be given
to the Emergency Management
Commissioner.
15 4E Strategic Action Plan
(1) The Authority must implement the
applicable work program to give effect to the
Strategic Action Plan.
(2) The Authority must prepare a written report
20 on the progress made, and achievements
attained, by the Authority to give effect to
the Strategic Action Plan at intervals
determined by the State Crisis and Resilience
Council.
25 (3) The intervals must not be less than one a
year.
(4) The Authority must give a copy of a report
prepared by the Authority under subsection
(2) to the State Crisis and Resilience Council
30 and the Inspector-General for Emergency
Management.
4F Compliance with incident management
operating procedures
The Authority must comply with any
35 incident management operating procedures.".
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Part 9--Consequentials and Repeals
s. 93
93 Consequential amendments
In the Victoria State Emergency Service Act
2005--
(a) in section 5(1)(c)(i) and (ii) for "Emergency
5 Management Act 1986" substitute
"Emergency Management Act 2013";
(b) section 5(4) and (5) are repealed;
(c) in section 6A(2), in paragraph (b) of the
definition of major emergency for "Fire
10 Services Commissioner Act 2010"
substitute "Emergency Management Act
2013".
Division 8--Amendment of other Acts
94 Domestic Animals Act 1994
15 In section 98G(e) of the Domestic Animals Act
1994 for "Emergency Management Act 1986"
substitute "Emergency Management Act 2013".
95 Livestock Disease Control Act 1994
In section 3(1) of the Livestock Disease Control
20 Act 1994, in the definition of emergency for
"section 4(1) of the Emergency Management
Act 1986" substitute "section 3 of the
Emergency Management Act 2013".
96 Marine (Drug, Alcohol and Pollution Control)
25 Act 1988
In section 3(1) of the Marine (Drug, Alcohol and
Pollution Control) Act 1988, in the definition of
Victorian Marine Pollution Contingency Plan,
for "Part 3A of the Emergency Management Act
30 1986" substitute "Part 6 of the Emergency
Management Act 2013".
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Part 9--Consequentials and Repeals
s. 97
97 Ombudsman Act 1973
In Schedule 3 to the Ombudsman Act 1973 for
item 7 substitute--
"7 The Inspector-General for Emergency
5 Management".
98 Police Regulation Act 1958
In section 8(3A)(b) of the Police Regulation Act
1958, for "Emergency Management Act 1986"
substitute "Emergency Management Act 2013".
10 99 Port Management Act 1995
In the Port Management Act 1995--
(a) in section 83, in paragraph (c) of the
definition of authorised person, after "1986"
insert "or the Emergency Management Act
15 2013";
(b) in section 91A, in the definition of relevant
Ministers for "Emergency Management
Act 1986" substitute "Emergency
Management Act 2013".
20 100 Prevention of Cruelty to Animals Act 1986
In section 20A(8) of the Prevention of Cruelty to
Animals Act 1986 for "section 4(1) of the
Emergency Management Act 1986" substitute
"section 3 of the Emergency Management Act
25 2013".
101 Public Administration Act 2004
In section 105A(3)(a) of the Public
Administration Act 2004 for "State Emergency
Response Coordinator under the Emergency
30 Management Act 1986" substitute "Emergency
Management Commissioner under the
Emergency Management Act 2013".
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Part 9--Consequentials and Repeals
s. 102
102 Public Health and Wellbeing Act 2008
In section 198(1) and (3) of the Public Health
and Wellbeing Act 2008 for "State Emergency
Response Coordinator under the Emergency
5 Management Act 1986" substitute "Emergency
Management Commissioner under the
Emergency Management Act 2013".
103 Road Management Act 2004
In section 63 of the Road Management Act
10 2004, in the Examples at the foot of the section,
for "Emergency Management Act 1986"
substitute "Emergency Management Act 2013".
104 Terrorism (Community Protection) Act 2003
In the Terrorism (Community Protection) Act
15 2003--
(a) in section 15, in the definition of emergency,
for "Emergency Management Act 1986"
substitute "Emergency Management Act
2013";
20 (b) in section 19(1)(b) for "Emergency
Management Act 1986" substitute
"Emergency Management Act 2013";
(c) in the note at the foot of section 19(1) for
"section 15 of the Emergency Management
25 Act 1986" substitute "section 54 of the
Emergency Management Act 2013";
(d) in section 39 after "1986" insert "or the
Emergency Management Act 2013".
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Part 9--Consequentials and Repeals
s. 105
Division 9--Repeal of Part
105 Repeal of Part
This Part is repealed on 1 September 2015.
Note
5 The repeal of this Act does not affect the continuing operation of
the repeals or amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571268B.I-15/10/2013 75 BILL LA INTRODUCTION 15/10/2013
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