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Emergency Management Bill 2013
Introduction Print
EXPLANATORY MEMORANDUM
General
The Emergency Management Bill 2013 implements reforms to the
emergency management governance structure in Victoria, as foreshadowed in
the Victorian Government's Victorian Emergency Management Reform
White Paper released in December 2012.
The new governance arrangements will support collaboration and
interoperability across the emergency management sector to give greater
focus to the development and implementation of the broader reform agenda,
and improve the integration and effectiveness of the planning and preparation
for, response to, and recovery from, emergencies in Victoria.
The key features of the new governance arrangements are the establishment
of--
· the State Crisis and Resilience Council as the peak crisis and
emergency management advisory body responsible for
providing advice to the Minister for Police and Emergency
Services in relation to the development, coordination and
implementation of whole of government policy and strategy for
emergency management in Victoria;
· Emergency Management Victoria as the single overarching
body for emergency management in Victoria, responsible for
the coordination of the development of the whole of
government policy for emergency management in Victoria;
· the Chief Executive of Emergency Management Victoria who
will, amongst other functions, be responsible for the day to day
management of Emergency Management Victoria;
571268 1 BILL LA INTRODUCTION 15/10/2013
· the Emergency Management Commissioner, who will, amongst
other functions, be responsible for the overall response to
major emergencies including coordinating the management of
the consequences of the emergency; and
· the Inspector-General for Emergency Management, who will
be responsible for developing and maintaining a monitoring
and assurance framework, and evaluating the performance of
the sector to foster continuous improvement of emergency
management in Victoria.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill, which are to establish new
governance arrangements for emergency management in
Victoria, to repeal the Fire Services Commissioner Act 2010,
and to consequentially amend emergency management
legislation and certain other Acts.
Clause 2 provides for the commencement of the Bill. The Bill comes
into operation on a day or days to be proclaimed. If a provision
of the Bill does not come into operation before 1 September
2014, it comes into operation on that day.
Clause 3 provides for the following definitions under the Bill: Chief
Officer, Class 1 emergency, Class 2 emergency, consequence
management, Country Fire Authority, Department,
Department Head, emergency, Emergency Management
Commissioner, emergency management sector, Emergency
Management Victoria, Emergency Services
Telecommunications Authority, fire services agency, fire
services reform action plan, IBAC, incident management
operating procedures, Inspector-General for Emergency
Management, major emergency, major fire, Metropolitan Fire
and Emergency Services Board, responder agency, response,
recovery, Secretary to the Department of Environment and
Primary Industries, State Response Controller, State Crisis
and Resilience Council, state emergency recovery plan, state
emergency response plan, Strategic Action Plan, Victoria
State Emergency Service Authority and work program.
2
Class 1 emergency means an emergency that is a major fire or
any other major emergency for which the Metropolitan Fire and
Emergency Services Board (MFESB), Country Fire Authority
(CFA), or the Victoria State Emergency Service Authority
(VICSES) is the agency responsible under the state emergency
response plan for the control of response activities for the
emergency. Class 2 emergency means all other major
emergencies except a warlike act or an act of terrorism, or a
hi-jack, siege or riot. The distinction between a Class 1
emergency and a Class 2 emergency is a particularly important
aspect of the Bill because the Emergency Management
Commissioner's powers differ in relation to the two different
classes. Warlike acts, acts of terrorism, hi-jacks, sieges and
riots are excluded so as not to intrude on the existing powers
of Victoria Police in relation to these matters.
The definition of responder agency encompasses existing
definitions under the Emergency Management Act 1986 and
Fire Services Commissioner Act 2010 for emergency services
agencies and fire services agencies respectively.
Clause 4 provides that the Bill must be read and construed as one with
the Emergency Management Act 1986, and that, unless
inconsistent with the context or subject matter, words or
expressions that are defined in the Emergency Management
Act 1986 will have the same meaning in the Bill.
Clause 5 sets out the overarching objectives of the Bill, which are
consistent with the vision, principles and strategic priorities of
the Victorian Emergency Management Reform White Paper.
PART 2--STATE CRISIS AND RESILIENCE COUNCIL
Clause 6 provides for the establishment of the State Crisis and Resilience
Council. The Council has already been established
administratively with its first meeting having taken place on
30 April 2013.
Clause 7 provides that the role of the State Crisis and Resilience Council
is to act as Victoria's peak crisis and emergency management
advisory body responsible for providing advice to the Victorian
Government in relation to whole of government policy and
strategy for emergency management in Victoria.
3
The State Crisis and Resilience Council will not make tactical
or operational emergency management decisions.
Clause 8 sets out the membership and constitution of the State Crisis and
Resilience Council.
Membership of the State Crisis and Resilience Council consists
of the Department Head of each Department, the Chief
Commissioner of Police, the Chief Executive of Emergency
Management Victoria, the Emergency Management
Commissioner, the Inspector-General for Emergency
Management as an observer, and the Chief Executive Officer of
the Municipal Association of Victoria as a representative of
local government.
As an observer, the Inspector-General for Emergency
Management will not be able to vote on any matter or propose a
resolution but is otherwise entitled to participate in the business
of a meeting of the State Crisis and Resilience Council.
It would be inappropriate for the Inspector-General to be
entitled to vote, as there may be issues that arise at a meeting of
the State Crisis and Resilience Council that may be the subject
of a report or review by the Inspector-General.
The Chief Executive of Emergency Management Victoria and
the Emergency Management Commissioner will be responsible
for advising the State Crisis and Resilience Council, on behalf
of the MFESB, CFA, VICSES and the Emergency Services
Telecommunications Authority (ESTA), on their views in
relation to any matter being considered by the Council.
Clause 9 sets out the procedure of the State Crisis and Resilience
Council, including that the Council must meet at least four
times each year and that a quorum at a meeting of the Council
consists of the Chairperson and four other members (other than
the Inspector-General for Emergency Management).
Clause 10 provides that the State Crisis and Resilience Council may
establish as many standing subcommittees as it considers
necessary to enable it to perform its functions.
In accordance with the Victorian Emergency Management
Reform White Paper, three standing subcommittees, addressing
risk and resilience, capability and response, and relief and
recovery, will be established by the State Crisis and Resilience
Council to drive holistic reform and deliver the overall strategy
4
developed by the State Crisis and Resilience Council and
endorsed by Government. The Council also proposes to
establish a fourth subcommittee, the Emergency Services
Leadership Group, whose purpose is to inform the development,
and drive the implementation, of the emergency service
elements of the Strategic Action Plan.
The new committee structure will streamline arrangements,
create clear lines of decision-making and accountability,
improve efficiencies and facilitate better outcomes for
emergency management in Victoria.
Clause 11 provides that a standing subcommittee of the State Crisis and
Resilience Council must complete a work plan, having regard to
its terms of reference as determined by the Council, and any
relevant provisions of the Strategic Action Plan.
Subclause (2) provides that a work plan must include things to
be done, 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 (for example,
risk and resilience, capability and response, or relief and
recovery).
Subclause (3) provides that a standing subcommittee must
submit a work plan to the State Crisis and Resilience Council
for approval each year, or at any other interval determined by
the Council. It is intended that the development and approval of
the work plan will occur within a timeframe that aligns with
normal government, departmental and agency budgetary,
financial and funding processes.
Clause 12 provides for the development of a Strategic Action Plan and
accompanying work programs.
Subclause (1) provides that that the State Crisis and Resilience
Council must develop a rolling three-year Strategic Action Plan
to be submitted to the Minister for Police and Emergency
Services for approval.
Subclause (2) provides that, in preparing the Strategic Action
Plan, the Council may include any provisions and actions
previously included in the fire services reform action plan
developed under section 12 of the Fire Services Commissioner
Act 2010, which the Council considers are necessary or
appropriate to be continued under the new emergency
5
management governance arrangements. This will ensure the
continuity of current initiatives and statutory responsibility for
implementing those initiatives beyond the repeal of the Fire
Services Commissioner Act 2010.
Subclause (3) provides that the Strategic Action Plan must
include a work program for ESTA and each responder agency
(the MFESB, CFA, VICSES, the Secretary to the Department of
Environment and Primary Industries (DEPI) or any other
prescribed responder agency). This will link the performance of
these agencies to the Strategic Action Plan.
Subclause (4) provides that a work program must include things
to be done, projects to be undertaken or measures to be met by
the agency to enhance its operational capacity and capability,
including where relevant, encouraging, strengthening and
maintaining volunteer and community capability and capacity,
and to improve its capacity to operate with other agencies in
planning for the response to, and in responding to, major
emergencies.
Subclauses (5) and (6) provide that the State Crisis and
Resilience Council must consult with each relevant agency, and
must have regard to the resources of that agency, in developing
a work program.
Subclauses (7) and (8) provide that the Minister may approve
the Strategic Action Plan and must consult with other relevant
ministers before approving the Plan.
Subclause (9) provides that the State Crisis and Resilience
Council must arrange for the publication of the approved
Strategic Action Plan on Emergency Management Victoria's
Internet site.
Subclause (10) clarifies that agency in this clause and clause 13
means a responder agency or ESTA.
Clause 13 provides for the implementation of the Strategic Action Plan
and accompanying work programs.
Subclause (1) provides that the responsibility of a Department
Head under section 13 of the Public Administration Act 2004,
is for the general conduct and the effective, efficient and
economical management of the functions and activities of the
Department, includes ensuring that the Department implements
any relevant part of the Strategic Action Plan.
6
Subclause (2) provides that the Chief Executive of Emergency
Management Victoria and the Emergency Management
Commissioner must use their best endeavours to ensure that an
agency (as defined in clause 12(10)) implements its work
program.
Subclause (3) requires an agency to implement its work
program.
Subclause (4) provides that the State Crisis and Resilience
Council must monitor and report to the Minister at regular
intervals on the progress of the implementation of the Strategic
Action Plan and work programs.
PART 3--EMERGENCY MANAGEMENT VICTORIA
Clause 14 provides for the establishment of Emergency Management
Victoria.
As the single overarching body for emergency management in
Victoria, Emergency Management Victoria will work closely
with agencies and government departments that have a role in
emergency management.
Clause 15 provides that Emergency Management Victoria is a body
corporate, and all courts must presume that the official seal of
Emergency Management Victoria affixed to a document was
duly affixed, until the contrary is proved.
Clause 16 provides that Emergency Management Victoria consists of
two members, being the Chief Executive of Emergency
Management Victoria and the Emergency Management
Commissioner. It is noted that clause 23 of the Bill provides
arrangements for staffing to support Emergency Management
Victoria's functions.
Clause 17 provides that the functions of Emergency Management Victoria
include--
· acting as the agency responsible for the coordination of
the development of whole of government policy for
emergency management in Victoria;
· implementing emergency management reform
initiatives as directed by the Minister for Police and
Emergency Services; and
7
· liaising with the Commonwealth Government on
emergency management. This function is not intended
to override the existing functions and responsibilities of
other areas of the Victorian government that currently
liaise with the Commonwealth Government in forums
such as the Council of Australian Governments
(COAG).
Subclause (3) provides that, in performing its functions,
Emergency Management Victoria must have regard to the
decisions made by the State Crisis and Resilience Council,
collaborate and consult with the emergency management sector,
and have regard to the fundamental importance of the role that
volunteers play with respect to Victoria's emergency
management functions.
Clause 18 provides that Emergency Management Victoria has the power
to do all things necessary or convenient to be done in
performing its functions.
Clause 19 provides that Emergency Management Victoria may delegate,
by instrument, any of its functions or powers, other than the
power of delegation, to any person employed or engaged in the
administration of the Bill or any person employed under Part 3
of the Public Administration Act 2004.
Clause 20 provides for the establishment of the position of Chief
Executive of Emergency Management Victoria, who is to be
employed as a public service executive under Part 3 of the
Public Administration Act 2004.
The Chief Executive will be responsible for the general
management and conduct of the activities of Emergency
Management Victoria, and the effective, efficient and
economical performance and exercise by Emergency
Management Victoria of its functions and powers.
Clause 21 provides that the functions of the Chief Executive of Emergency
Management Victoria includes providing advice and making
recommendations to the Minister on any issue relating to his or
her functions or the functions of Emergency Management
Victoria, and taking a lead role in coordinating investment
planning and large-scale strategic projects on behalf of
responder agencies, such as those relating to communications
and information systems.
8
Clause 22 Subclause (1) provides that the Chief Executive of Emergency
Management Victoria has the power to do all things necessary
or convenient to be done in performing its functions.
Subclause (2) provides that the Chief Executive may delegate,
by instrument, any of his or her functions or powers, other than
the power of delegation, to any person employed or engaged in
the administration of the Bill.
Clause 23 Subclause (1) provides that the Secretary for the Department of
Justice must ensure that public service employees are made
available to support Emergency Management Victoria.
Subclause (2) provides that Emergency Management Victoria
may enter into agreements or arrangements for the purpose of
obtaining appropriate expertise to assist Emergency
Management Victoria in the performance of its functions and
the exercise of its powers. This will enable the secondment of
staff from other Departments and agencies to Emergency
Management Victoria, as required.
PART 4--EMERGENCY MANAGEMENT COMMISSIONER
Division 1--Appointment, functions and general powers
Clause 24 provides for the establishment of the Emergency Management
Commissioner, as the successor in law to the Fire Services
Commissioner but with a broader focus on all major
emergencies. This is consistent with the commitment for
Victoria to have a single person in charge in the event of an
emergency and an "all hazards-all agencies" response to
emergency management.
Clause 25 provides that the Governor in Council may appoint a person as
Emergency Management Commissioner, if the Governor in
Council is satisfied that the appointee has appropriate
management, professional, technical and operational expertise
in emergency management.
Clause 26 provides that the Emergency Management Commissioner is
entitled to be paid remuneration and allowances as determined
by the Governor in Council, and such remuneration cannot be
reduced during his or her term of office, unless he or she
consents to the reduction.
9
Clause 27 provides that the Emergency Management Commissioner will
be appointed on a full-time basis, is eligible for re-appointment
and will hold office for the period specified in the instrument of
appointment (not exceeding five years) on the terms and
conditions as determined by the Governor in Council.
Clause 28 provides for the circumstances when the Emergency
Management Commissioner may cease to hold office.
Clause 29 sets out the grounds on which the Governor in Council may
suspend or remove the Emergency Management Commissioner
from office.
Clause 30 Subclause (1) provides that the Minister must appoint a person
to act in the office of the Emergency Management
Commissioner in the event that the Commissioner ceases to
hold office. This will enable the Minister to act promptly to fill
the position on an interim basis.
Subclause (2) provides that an acting Emergency Management
Commissioner can only be appointed for a period not exceeding
12 weeks.
Subclause (3) provides that, if the Minister considers it
necessary, the Minister may extend the period of appointment
of the acting Emergency Management Commissioner for further
periods not exceeding 12 weeks each.
Subclause (4) provides that the acting Emergency Management
Commissioner has all the powers and must exercise the
functions of that office, and is entitled to be paid the
remuneration and allowances that the Emergency Management
Commissioner would have been entitled to.
Subclause (5) provides that the Chief Commissioner of Police
must act as Emergency Management Commissioner if the
Commissioner is unable to perform the duties of the office
and the Minister has not appointed a person to act in that role.
This provision is intended to apply for a limited period.
The Bill provides that the Chief Commissioner must act in that
position until the Emergency Management Commissioner is
able to perform his or her duties, the Minister appoints a person
to act in that position or the Governor in Council appoints a
person to be Emergency Management Commissioner.
10
Subclause (6) provides that the Chief Commissioner of Police,
as acting Emergency Management Commissioner under
subclause (5), has all the powers and must perform the functions
of that office.
Clause 31 sets out the delegation power of the Emergency Management
Commissioner.
Clause 32 sets out the functions of the Emergency Management
Commissioner, which includes--
· being responsible for the coordination of the activities
of agencies having roles or responsibilities in relation
to the response to Class 1 emergencies or Class 2
emergencies. This exclusion is intended to preserve
Victoria Police's existing powers in relation to these
events;
· ensuring that control arrangements at a state level are in
place during a Class 1 or Class 2 emergency;
· appointing a State Response Controller to be
responsible for the control of response activities in
relation to a Class 1 emergency (that is, a major fire or
any other major emergency for which the MFESB, CFA
or VICSES is the agency responsible for control
response to the emergency under the state emergency
response plan);
· managing the State's primary control centre on behalf
of, and in collaboration with, all agencies that may use
the centre;
· ensuring the Minister for Police and Emergency
Services is provided with timely and up to date
information in relation to major emergencies and the
response to such emergencies;
· being responsible for consequence management for a
major emergency. This relates to the coordination of
agencies responsible for managing or regulating
services or infrastructure that is or may be affected by a
major emergency, with the objective of minimising the
adverse consequences to the community caused by the
interruption to those services or infrastructure;
11
· being responsible for the coordination of the activities
of organisations or agencies having roles or
responsibilities in relation to recovery from all
emergencies;
· leading and promoting the implementation of the
Strategic Action Plan to the extent that it relates to the
improvement of the operational capability of responder
agencies (that is, the MFESB, CFA, VICSES, Secretary
to DEPI and any other prescribed responder agency);
· overseeing where relevant, the continuation of the
operational reforms in the fire services reform action
plan, as prepared by the Fire Services Commissioner in
accordance with the Fire Services Commissioner Act
2010. The fire services reform action plan provides a
broad ranging reform agenda for the fire services
agencies and many of the actions and obligations in the
plan will need to continue beyond the repeal of the Fire
Services Commissioner's role;
· developing and maintaining operational standards, in
accordance with clause 48, for the performance of
emergency management functions by responder
agencies;
· developing and maintaining incident management
operating procedures for responder agencies in
accordance with clause 50;
· coordinating data collection and impact assessment
processes;
· advising the Minister for Police and Emergency
Services on any other matter relating to the Emergency
Management Commissioner's functions; and
· performing any other function conferred on the
Emergency Management Commissioner by or under this
Bill or any other Act.
Subclause (2) states that, in performing his or her functions, the
Emergency Management Commissioner must have regard to the
fundamental importance of the role that volunteers play with
respect to Victoria's emergency management functions.
12
Clause 33 provides that the Emergency Management Commissioner has
the power to do all things that are necessary or convenient to be
done in performing his or her functions.
Clause 34 provides that the State Response Controller or relevant control
agency must provide information to the Emergency
Management Commissioner if requested to do so by the
Commissioner, for the purposes of enabling the Commissioner
to--
· ensure that control arrangements at a state level are in
place during a Class 1 or 2 emergency;
· coordinate the activities of agencies having roles or
responsibilities in relation to the response to major
emergencies (other than a warlike act or act of
terrorism, hi-jack, siege or riot);
· provide the Minister for Police and Emergency Services
with timely and up to date information relating to major
emergencies; and
· perform the consequence management function for a
major emergency.
Clause 35 Subclause (1) provides that the Emergency Management
Commissioner may, by written notice, require an agency or
Department to give the Commissioner any information that he
or she reasonably believes is necessary for the purposes of--
· developing and maintaining operational standards for
the performance of emergency functions by responder
agencies;
· developing and maintaining incident management
operating procedures for responder agencies; and
· coordinating data collection and impact assessment
processes.
Subclause (2) provides that, on receiving a notice for
information under subclause (1), the agency or Department
must give the information to the Commissioner within 28 days
unless the Commissioner has agreed to an extension of time or
agreed that the agency or Department is not able to provide the
information.
13
Subclause (3) provides that the Emergency Management
Commissioner may specify a lesser period than 28 days for the
relevant agency to give the information required under
subclause (1) if he or she reasonably believes that it is urgent
that the information be given within a lesser time.
Subclause (4) provides that, if the time for providing
information was extended under subclause (2), the agency or
Department must give the information to the Emergency
Management Commissioner within the agreed time.
Clause 36 provides that any secrecy obligations or non-disclosure
restrictions imposed by or under an Act or rule of law does not
apply to the disclosure of information required by the
Emergency Management Commissioner under clause 35.
Subclause (2) provides that the Emergency Management
Commissioner or any other person must not divulge or
communicate (except to a person performing duties under the
Bill), any information that has come to the Commissioner's
knowledge if the provider of that information could not, but for
the requirement in subclause (1), lawfully have divulged that
information to the Commissioner or other person.
Division 2--Control of response activities
Clause 37 sets out provisions for the control of emergency response to
Class 1 emergencies (that is, a major fire or other major
emergency for which the MFESB, CFA or VICSES is the
control agency under the state emergency response plan).
Subclause (1) provides that, if the Emergency Management
Commissioner considers that a Class 1 emergency is occurring,
may occur or has occurred in any area of Victoria, the
Commissioner must appoint a State Response Controller to be
responsible for the control of response activities to such an
emergency.
Subclause (2) provides that the State Response Controller must
have, in the opinion of the Emergency Management
Commissioner, relevant expertise in managing hazards relevant
to the Class 1 emergency.
14
Subclause (3) provides that the appointment of a State Response
Controller or assistant controllers must be consistent with the
state emergency response plan (established under Part 5 of the
Bill).
Subclause (4) provides that, if the Emergency Management
Commissioner considers that the control response is not being
performed effectively, he or she may direct the State Response
Controller, or override or exercise specified control response
activities.
Subclause (5) provides for the appointment by the State
Response Controller of one or more persons to assist in
controlling the response to the Class 1 emergency. In a major
emergency, such persons may typically be incident and regional
controllers.
Subclause (6) states that the appointment of the State Response
Controller under subclause (1) or assistant controllers under
subclause (5) will have effect for the period specified in the
instrument of appointment.
Subclause (7) provides that the State Response Controller or
assistant controller has, in relation to the Class 1 emergency, all
the powers and authorities of the Chief Officer of the relevant
control agency under the state emergency response plan.
Clause 38 sets out provisions for the control of emergency response to
fires, other than a major fire.
Subclause (1) clarifies that any reference to fire in clause 38
does not include a major fire.
Subclause (2) provides that clause 38 will apply if there is a fire
which is burning, may occur or has occurred in any area of
Victoria.
Subclause (3) provides that the Chief Officers of the MFESB,
CFA and Secretary to DEPI may appoint, by agreement, an
officer of one of the agencies to have the overall control of
response activities in relation to the fire. Such arrangements
may be of a standing nature (e.g. mutual aid agreements for
dealing with fires close to the border of fire services agencies'
geographic jurisdictions) or incident specific.
15
Subclause (4) provides that, in the absence of an agreement
under subclause (3), the Emergency Management
Commissioner may direct a Chief Officer of one of the fire
services agencies to appoint an officer to have the overall
control of response activities in relation to the fire.
Subclause (5) states that the officer with overall control of
response activities may appoint one or more persons to assist in
controlling the response to the fire, or transfer control of any
response activity to one or more other persons.
Subclause (6) states that the appointment of an officer with
overall control of response activities, or any assistant
controllers, will have effect for the period specified in the
instrument of appointment.
Subclause (7) provides that an officer appointed to have overall
control of response activities in relation to the fire, or an
assistant controller appointed under subclause (5), may exercise
the powers and authorities conferred on the Chief Officer of the
CFA by the Country Fire Authority Act 1958.
Clause 39 sets out provisions for the control of emergency response to
Class 2 emergencies (that is, a major emergency that is not a
Class 1 emergency or a warlike act or act of terrorism, a hi-jack,
siege or riot).
Subclause (1) provides that the officers in charge or senior
officers of agencies that have roles or responsibilities under
the state emergency response plan in response to Class 2
emergencies may, at the request of the Emergency Management
Commissioner or of their own volition, determine the priority
of those responsibilities either during or in anticipation of a
Class 2 emergency.
Subclause (2) provides that, in the absence of agreement under
subclause (1), the Emergency Management Commissioner may
determine the priority of the response roles of the agencies.
Subclause (3) provides that the officer in charge of the control
agency for a Class 2 emergency may, with the consent of the
officer in charge of another agency, transfer control of any
response activity to any officer of that other agency.
Subclause (4) provides for the appointment of one or more
controllers or assistant controllers, and the transfer of control of
any response activity, for the Class 2 emergency.
16
Subclause (5) provides that the appointment of controllers or
assistant controllers under subclause (4)(a) has effect for the
period specified in the instrument of appointment.
Subclause (6) provides that the officer in charge of the agency
to which control is transferred under subclause (3) or any
controller or assistant controller appointed under subclause
(4)(a) may exercise of the powers of the chief operational
officer of the control agency in relation to the Class 2
emergency.
Clause 40 provides that the Emergency Management Commissioner may
advise or, if he or she considers it necessary, direct--
· a Chief Officer or other officer appointed to have
overall control of response activities in relation to a fire,
other than a major fire, to appoint one or more assistant
controllers for the fire, or transfer control of any
response activity to one or more other persons;
· the officer in charge of the control agency or other
agency to which control of any response activity in
relation to a Class 2 emergency is transferred, to
exercise his or her power to appoint one or more
controllers or assistant controllers, or transfer control of
any response activity for the Class 2 emergency to one
or more other persons.
Clause 41 provides that Division 2 prevails, to the extent of any
inconsistency, over--
· sections 33(2) and 93B(1) of the Country Fire
Authority Act 1958 and section 55E of the
Metropolitan Fire Brigades Act 1958. These sections
determine sole responsibility for fire suppression in the
country area of Victoria or any land within any forest,
national park or protected public land, or for activities
outside the metropolitan district;
· section 39 of the Victoria State Emergency Service
Act 2005, which states that a registered unit must not
discharge a function under the state emergency response
plan without the prior consent of the Chief Officer,
Operations of VICSES.
17
Division 3--Community warnings about fires
Clause 42 Subclause (1) provides that, in relation to fires (major and
non-major) in Victoria, the Emergency Management
Commissioner must ensure that warnings are issued and
information is provided to the community for the purposes of
protecting life and property.
Subclause (2) provides that, in complying with subclause (1),
the Emergency Management Commissioner must have regard to
any guidelines, procedures and operating protocols issued by
the Emergency Management Commissioner under clause 44.
It is intended that any existing guidelines issued by the Fire
Services Commissioner will continue to apply.
Clause 43 Subclause (1) provides that, in relation to major fires, the State
Response Controller will be responsible for issuing warnings
and providing information to the community for the purposes of
protecting life and property.
Subclause (2) provides that, in relation to a non-major fire, the
officer with overall control of response activities will be
responsible for issuing warnings and providing information to
the community.
Subclause (3) provides that the State Response Controller or
officer with overall control of response activities must have
regard to any guidelines, procedures and operating protocols
issued by the Emergency Management Commissioner under
clause 44. It is intended that any existing guidelines issued by
the Fire Services Commissioner will continue to apply.
In relation to other (non-fire) major emergencies, responsibility
for issuing relevant information and advice will continue to be
part of the functions of the agency responsible under the state
emergency response plan for the control of response activities
for the emergency.
Clause 44 provides that the Emergency Management Commissioner may,
in consultation with the fire services agencies, issue guidelines,
procedures or operating protocols relating to the issuing of
warnings and provision of information to the community in
relation to fires in Victoria under clauses 42 and 43.
18
Division 4--Consequence management
Clause 45 provides that consequence management means the coordination
of agencies (including agencies who engage the skills and
services of non-government organisations) responsible for
managing or regulating services or infrastructure that is or may
be affected by a major emergency, with the objective of
minimising adverse consequences to the community caused by
the interruption of those services or infrastructure.
This provision is limited to major emergencies, as such
emergencies can have an adverse and often immediate impact
on a range of services and infrastructure that the community
uses and relies on, such as access to roads, schools and public
transport, as well as the use of essential services such as
electricity and water.
Safety must be the overriding consideration in consequence
management and, if the emergency is due to a warlike act or an
act of terrorism or a hi-hack, siege or riot, the exercise of police
powers must not be interfered with. Under clause 32, the
Emergency Management Commissioner is responsible for
consequence management for Class 1 and Class 2 emergencies.
Division 5--Recovery
Clause 46 provides that the Emergency Management Commissioner is
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 emergencies.
Clause 47 requires organisations and agencies having roles or
responsibilities under the state emergency recovery plan in
relation to recovery from emergencies to provide information to
the Emergency Management Commissioner to enable the
Commissioner to coordinate recovery and provide advice to the
Minister.
19
Division 6--Operational standards for responder agencies
Clause 48 Subclause (1) provides that the Emergency Management
Commissioner must develop, and review from time to time,
operational standards for the performance by responder
agencies (that is, the MFESB, CFA, VICSES, the Secretary to
DEPI or any other prescribed responder agency) of their
functions.
Subclause (2) requires the Emergency Management
Commissioner to consult with the responder agencies and
Emergency Management Victoria in developing or reviewing
the standards under subclause (1).
Subclause (3) requires the responder agencies to cooperate with
the Emergency Management Commissioner in any consultation
under subclause (2).
Subclause (4) provides that the Emergency Management
Commissioner must develop or review operational standards in
a reasonable manner and, in doing so, must have regard to the
resources available to the agency in the performance of any
functions to which the standard relates.
Subclause (5) provides that performance standards in force
under the Fire Services Commissioner Act 2010 prior to its
repeal are taken to be operational standards developed under
this clause.
Clause 49 requires the Emergency Management Commissioner to give the
operational standards developed for a responder agency to that
agency, Emergency Management Victoria and the Inspector-
General for Emergency Management, and to publish it on
Emergency Management Victoria's Internet site.
Division 7--Incident management operating procedures
Clause 50 Subclause (1) provides that the Emergency Management
Commissioner must develop, and review from time to time,
incident management operating procedures relating to the
planning and preparation for the response to, and responding to,
emergencies.
Subclause (2) requires the Emergency Management
Commissioner to, in developing or reviewing incident
management operating procedures, consult with the responder
20
agencies and Emergency Management Victoria, and have
regard to any procedures of a similar kind that a responder
agency has in place (including joint procedures with other
responder agencies).
Subclause (3) requires a responder agency to cooperate with the
Emergency Management Commissioner in any consultation
under subclause (2)(a).
Subclause (4) provides that the Emergency Management
Commissioner must develop or review incident management
operating procedures in a reasonable manner.
Subclause (5) provides that incident management operating
procedures developed under clause 50 prevail over any
procedures of a similar kind that a responder agency has in
place (including joint procedures with other responder agencies)
to the extent of any inconsistency.
Subclause (6) provides that incident management operating
procedures in force under the Fire Services Commissioner Act
2010 prior to its repeal are taken to have been developed under
this clause.
Clause 51 requires the Emergency Management Commissioner to give
incident management operating procedures developed under
clause 50 to each responder agency, Emergency Management
Victoria and the Inspector-General for Emergency
Management.
Clause 52 requires the Emergency Management Commissioner to publish
incident management operating procedures developed under
clause 50 on Emergency Management Victoria's Internet site,
unless the Commissioner considers that it is not in the public
interest to do so.
PART 5--STATE EMERGENCY RESPONSE PLAN
Clause 53 Subclause (1) requires the Minister for Police and Emergency
Services to arrange for the preparation and review of a state
emergency response plan for the coordinated response to
emergencies by all agencies having roles or responsibilities in
relation to emergency response. The state emergency response
plan is fundamental to the organisation of response
arrangements in Victoria.
21
Subclause (2) requires the Minister to consult with the State
Crisis and Resilience Council prior to arranging the preparation
or review of the state emergency response plan.
Subclause (3) provides that the Minister may, by instrument,
delegate responsibility for arranging the preparation and review
of a state emergency response plan under this clause to the
Emergency Management Commissioner.
Subclause (4) provides that the state emergency response plan
in force under section 10 of the Emergency Management Act
1986 immediately before the commencement of this clause is
taken to have been prepared under this clause.
Clause 54 provides that the state emergency response plan must contain
provisions--
· identifying the agency primarily responsible for
responding to each form of emergency specified
(the control agency);
· relating to the coordination of the activities of other
agencies in support of a responsible agency in the event
of an emergency (support agencies);
· specifying the roles of agencies in the event of an
emergency;
· relating to consequence management, with respect to
any act, matter or thing;
· specifying the roles and responsibilities of regional and
municipal district emergency response coordinators
appointed under clause 56;
· defining regions for the purposes of appointing an
emergency response coordinator for each region in
accordance with clause 56.
Clause 55 Subclause (1) requires the Minister to, as soon as practicable
after the state emergency response plan is prepared, publish the
plan and forward a copy of the plan to each agency to which the
plan applies.
Subclause (2) requires the Minister to, as soon as practicable
after the state emergency response plan is reviewed, publish
details of the review and forward a copy of the review results to
each agency to which the plan applies.
22
Clause 56 Subclause (1) requires the Chief Commissioner of Police to, at
the request of the Emergency Management Commissioner,
appoint a member of the police force to be an emergency
response coordinator for each defined region and municipal
district in Victoria.
Subclause (2) provides that, in the event of an emergency, the
relevant regional or municipal district emergency response
coordinator or the Emergency Management Commissioner may
direct all relevant agencies having roles or responsibilities in
relation to the emergency response as to the allocation of
resources in responding to that emergency.
Clause 57 requires the Chief Commissioner of Police to appoint a member
of the police force to be the Senior Police Liaison Officer.
The Senior Police Liaison Officer, will be responsible for
providing advice to the Emergency Management Commissioner
on, and dealing with, requests to and from any member of the
police force appointed as regional or municipal district
emergency response coordinators under clause 56.
If, as part of the Emergency Management Commissioner's
function under subclause 32(1)(a), the Emergency Management
Commissioner is performing functions relating to the
coordination of regional or municipal response, the
Commissioner must take into account the advice of, and consult
with, the Senior Police Liaison Officer.
Clause 58 provides that the Emergency Management Commissioner may
establish regional emergency response planning committees, as
are necessary. Planning for response at the regional level is
required as emergencies often cross municipal boundaries, and
many services provided by state government agencies are
administered and delivered at a regional level.
PART 6--STATE EMERGENCY RECOVERY PLAN
Clause 59 Subclause (1) requires the Minister for Police and Emergency
Services to arrange for the preparation and review of a state
emergency recovery plan for the coordinated planning and
management of emergency recovery. The state emergency
recovery plan is fundamental to the organisation of recovery
arrangements in Victoria.
23
Subclause (2) requires the Minister to consult with the State
Crisis and Resilience Council prior to arranging for the
preparation or review of the state emergency recovery plan.
Subclause (3) provides that the Minister may, by instrument,
delegate responsibility for arranging the preparation and review
of a state emergency recovery plan under this clause to the
Emergency Management Commissioner.
Subclause (4) provides that the state emergency recovery plan
in force under section 17A of the Emergency Management
Act 1986 immediately before the commencement of this clause
is taken to have been prepared under this clause.
Clause 60 provides that the state emergency recovery plan must contain
provisions--
· specifying the roles of agencies in emergency recovery;
· specifying the Department or agency with responsibility
for coordinating particular aspects of recovery,
including recovery at the regional level;
· which is to be the coordinating agency for recovery;
· relating to the coordination of the activities of agencies
in emergency recovery; and
· defining regions for the purposes of regional recovery
coordination.
PART 7--INSPECTOR-GENERAL FOR EMERGENCY
MANAGEMENT
Clause 61 establishes the position of Inspector-General for Emergency
Management, who is to be employed as a public service
employee under Part 3 of the Public Administration Act 2004,
and is the successor to the Emergency Services Commissioner.
Clause 62 sets out the objectives of the Inspector-General for Emergency
Management, which are to--
· provide assurance to the Government and the
community in respect of emergency management
arrangements in Victoria; and
· foster continuous improvement of emergency
management in Victoria.
24
Clause 63 sets out the delegation power of the Inspector-General for
Emergency Management.
Clause 64 sets out the functions of the Inspector-General for Emergency
Management, which include--
· developing and maintaining a monitoring and assurance
framework for emergency management, including
outcome measures, against which the capability,
capacity and performance of the emergency
management sector is to be assessed;
· undertaking system-wide reviews, including reviewing
the emergency management functions of responder
agencies and departments in relation to the monitoring
and assurance framework, as part of the Inspector-
General's objective to foster continuous improvement of
emergency management in Victoria;
· evaluating state-wide training and exercising
arrangements to maintain and strengthen Victoria's
emergency management capability;
· monitoring and reporting to the Minister on the
implementation of the Strategic Action Plan by
responder agencies, Departments, ESTA and
Emergency Management Victoria; and
· monitoring and investigating the non-financial
performance of ESTA in relation to the provision of
services by ESTA to emergency services and other
related services organisations.
Subclause (2) requires the Inspector-General for Emergency
Management to, in making recommendations when performing
functions under this clause, have regard to the resources that
agencies have to implement any such recommendations.
Subclause (3) provides that the Inspector-General for
Emergency Management may, in performing his or her
functions, consult with relevant stakeholders, subject to
clauses 65(1) and 67, which sets out specific consultation
requirements. This reflects that one of the key features of the
Inspector-General's role is collaboration with, and fostering
continuous improvement in, the emergency management sector.
25
Clause 65 requires the Inspector-General for Emergency Management to,
in developing and maintaining a monitoring and assurance
framework under clause 64(1)(a), consult with the parts of the
emergency management sector affected by the framework and
the State Crisis and Resilience Council.
The Inspector-General for Emergency Management must
submit the framework to the Minister for approval, and before
approving the framework, the Minister must consult with other
relevant Ministers to whose portfolio the framework relates.
Clause 66 requires the Inspector-General for Emergency Management to
prepare, in consultation with the agencies or Departments
affected, an annual forward plan of system-wide reviews to be
carried out in accordance with clause 64(1)(b). The Minister
must provide a copy of the annual forward plan to the Minister.
Clause 67 provides that the Inspector-General for Emergency
Management must, in undertaking system-wide reviews and
reporting to the Minister on any matter relating to the his or her
functions under clauses 64(1)(b) and (c), take into account the
roles and functions of, and consult as appropriate with, the
Coroner, Victoria Police, Director of Public Prosecutions, the
Commissioner for Law Enforcement Data Security and the
Independent Broad-based Anti-corruption Commission (IBAC).
This is to ensure that the Inspector-General does not prejudice
the performance of their functions.
Clause 68 provides that the Inspector-General for Emergency
Management has the power to do all things necessary or
convenient to be done in performing his or her functions.
Clause 69 Subclause (1) provides that the Inspector-General for
Emergency Management may, by written notice, require a
relevant agency to give the Inspector-General any information
that he or she reasonably believes is necessary for the purposes
of enabling the Inspector-General to--
· undertake system-wide reviews under clause 64(1)(b),
including reviewing the emergency management
functions of responder agencies and Departments in
relation to the monitoring and assurance framework
developed by the Inspector-General;
26
· provide advice or report to the Minister under
clause 64(1)(c) on any matter relating to the functions
of the Inspector-General, at the Minister's request;
· arrange for the monitoring and investigation of the
performance (in matters that are not financial matters)
of ESTA under clause 71 in relation to the services
provided by ESTA to emergency services and other
related services organisations; and
· make recommendations to the Minister for Police and
Emergency Services about matters arising from any
monitoring or investigation of ESTA under clause 71.
Subclause (2) provides that, on receiving a notice for
information under subclause (1), the relevant agency must give
the information to the Inspector-General within 28 days unless
the Inspector-General has agreed to an extension of time or
agreed that the relevant agency is not able to provide the
information.
Subclause (3) provides that the Inspector-General may specify a
lesser period than 28 days for the relevant agency to give the
information required under subclause (1) if he or she reasonably
believes that it is urgent that the information be given within a
lesser time.
Subclause (4) provides that, if the time for providing
information was extended under subclause (2), the relevant
agency must give the information to the Inspector-General
within the agreed time.
Subclause (5) clarifies the meaning of relevant agency under
clauses 69 and 70.
Clause 70 requires the Inspector-General for Emergency Management to,
if a review or report prepared under clauses 64(1)(b) or (c)
relates to a relevant agency to provide a draft copy of the review
or report to it for comment and response.
The Inspector-General must take into account any comments
received from a relevant agency in preparing the final review
or report and must provide a copy of the final version to the
Minister. The review or report must not disclose the identity
of any person if it is to be made publicly available. This non-
disclosure requirement is designed to encourage frankness from
27
agency members rather than laying blame. However, this
protection is not intended to impair the Inspector-General's
capacity to report or carry out a fulsome review which is why
it will only apply to public reports and reviews.
Clause 71 Subclause (1) requires the Inspector-General for Emergency
Management to, from time to time, arrange for the monitoring
and investigation of the non-financial performance of ESTA in
relation to the services provided by ESTA to emergency
services and other related services organisations, which includes
CFA, MFESB, VICSES, Victoria Police and Ambulance
Victoria.
Subclause (2) provides that the Inspector-General may make
arrangements under subclause (1) at his or her own motion, or
at the request of the Minister or an emergency services and
other related services organisations to whom ESTA has
provided services.
Subclause (3) provides that the Inspector-General may make
recommendations to the Minister for Police and Emergency
Services about any matter arising from the monitoring or
investigation of ESTA under subclause (1).
Clause 72 sets out a provision preventing the unauthorised disclosure
(by the Inspector-General for Emergency Management, persons
performing functions or exercising powers on behalf of the
Inspector-General or persons engaged by the Inspector-General)
of confidential information not already available in the public
domain that is acquired by the Inspector-General or by another
other person in the course of conducting a review or preparing a
report under the Bill. Failure to comply will incur a maximum
penalty of 5 penalty units.
Clause 72 does not apply where the confidential information is
disclosed in the following circumstances--
· for the performance of functions or exercise of powers
by the Inspector-General under the Bill;
· where the confidential information may relate to the
commission of a criminal offence and the Inspector-
General considers it would be in the public interest to
disclose the information to the Director of Public
Prosecutions or a member of the police force;
28
· where the confidential information is requested by the
Coroner, or the Inspector-General considers it would be
in the public interest to disclose the information to the
Coroner; and
· where the confidential information is provided or
disclosed to the Commissioner for Law Enforcement
Data Security or the Independent Broad-based Anti-
corruption Commission (IBAC).
Clause 73 provides that any secrecy obligations or non-disclosure
restrictions imposed by or under an Act or rule of law does not
apply to the disclosure of information required by the Inspector-
General for Emergency Management under clause 69.
Subclause (2) provides that the Inspector-General or any other
person must not divulge or communicate any information
(except to a person performing duties under Part 7), which has
come to the Inspector-General's knowledge if the provider of
that information could not, but for the requirement in subclause
(1), lawfully have divulged that information to the Inspector-
General or other person.
Clause 74 provides that information given to the Inspector-General for
Emergency Management as required under clause 69 cannot be
used in any proceeding against the person who provided that
information.
PART 8--GENERAL
Clause 75 provides that the Emergency Management Commissioner or a
State Response Controller is not personally liable for anything
done or omitted to be done in good faith, or in the reasonable
belief that the act or omission was, in the exercise of a power or
the discharge of a duty under this Bill or the regulations or any
other Act or regulations made under that Act.
Subclause (2) transfers any liability resulting from an act or
omission that would, but for subclause (1), attach to the
Emergency Management Commissioner or a State Response
Controller to the Crown.
Clause 76 sets out the Governor in Council's regulation-making power in
relation to the Bill.
29
PART 9--CONSEQUENTIALS AND REPEALS
Division 1--Repeal of Fire Services Commissioner Act 2010
Clause 77 repeals the Fire Services Commissioner Act 2010. The Bill
establishes the position of the Emergency Management
Commissioner as the successor in law to the Fire Services
Commissioner, and incorporates provisions of the Fire Services
Commissioner Act 2010 as necessary to ensure the continuity
of certain actions, obligations and emergency management
arrangements in Victoria.
Division 2--Emergency Management Act 1986
Clause 78 makes significant amendments to the Emergency Management
Act 1986 with the intention that, in the future, the Bill as a new
principal Act will ultimately repeal and replace the Emergency
Management Act 1986. In the intervening period, both pieces
of legislation will operate simultaneously. This approach is
reflected in clause 4, which provides that the Bill must be read
and construed as one with the Emergency Management Act
1986.
Subclauses (1) and (2) repeals the definitions of chief officer,
Commissioner, Council, Fire Services Commissioner, fire
services agency, major fire, state emergency recovery plan,
State Emergency Response Coordinator and state emergency
response plan and inserts a new definition of Emergency
Management Commissioner in section 4(1) of the Emergency
Management Act 1986.
Subclause (3) repeals sections 6 (Responsibility of State
Emergency Response Coordinator), 8 (Victoria Emergency
Management Council), 9 (Committees established by Minister)
and 9A (Change of names or titles) and Parts 3 (State
Emergency Response Plan), 3A (Recovery Planning and
Management) and 4A (Standards for the prevention and
management of emergencies) of the Emergency Management
Act 1986. The sections have been rendered redundant and the
Parts adapted and incorporated into the Bill to reflect the new
emergency management governance arrangements established
by the Bill.
30
Subclause (4) makes consequential amendments to the
Emergency Management Act 1986 to substitute references to
"State Emergency Response Coordinator" with "Emergency
Management Commissioner". The Bill removes the position of
State Emergency Response Coordinator, with the associated
role and responsibilities being taken over by the Emergency
Management Commissioner, established under Part 4 of the
Bill.
Subclause (5) amends section 39(b) of the Emergency
Management Act 1986 to include a reference to the
Emergency Management Act 2013.
Division 3--Country Fire Authority Act 1986
Clause 79 makes consequential amendments to the Country Fire
Authority Act 1958 to substitute references to the "Fire
Services Commissioner Act 2010" with the "Emergency
Management Act 2013", repeal the definitions of Emergency
Services Commissioner, Fire Services Commissioner and fire
services reform action plan, substitutes the definition of
incident management operating procedures, and inserts new
definitions for Emergency Management Commissioner,
Inspector-General for Emergency Management, Strategic
Action Plan and State Crisis and Resilience Council.
Clause 80 substitutes sections 6B to 6D of the Country Fire Authority
Act 1958, which relate to the Fire Services Commissioner and
the fire services reform action plan.
Proposed new section 6B provides that, in performing its
functions and exercising its powers under the Country Fire
Authority Act 1958, the objective of the Country Fire
Authority (CFA) is to contribute to a whole of sector approach
to emergency management and promote a culture within the
emergency management sector of community focus,
interoperability and public value. This is intended to broaden
the CFA's focus from being exclusively on their specific hazard
responsibilities to be across all aspects of emergency
management.
Proposed new section 6C requires the CFA to collaborate and
consult with Emergency Management Victoria in performing
its functions or exercising its powers. This is consistent with
the obligation of Emergency Management Victoria under
31
clause 17(3)(a) to collaborate and consult with the emergency
management sector in performing its functions.
Proposed new section 6D requires the CFA to use its best
endeavours to perform its functions in accordance with the
operational standards developed by the Emergency
Management Commissioner under the Bill.
Proposed new section 6DA requires the CFA to, every six
months, report in writing on the action it has taken during that
period to comply with the operational standards developed by
the Emergency Management Commissioner under the Bill, and
provide a copy of the report to the Commissioner.
Proposed new section 6DB requires the CFA to implement the
work program applying to it to give effect to the Strategic
Action Plan developed by the State Crisis and Resilience
Council. The work program includes things to be done, projects
to be undertaken and measures to be met by the CFA to enhance
its operational capacity and capability, and to improve its
capacity to operate with other agencies in planning for, and the
response to, major emergencies. The CFA must prepare a
written report on the progress made and achievements attained
to give effect to the Plan, at intervals requested by the State
Crisis Resilience Council but not less than one report a year,
and give a copy of the report to the Council and the Inspector-
General for Emergency Management.
Clause 81 Paragraph (a) makes a consequential amendment to
paragraph (b) of the definition of major emergency in section
20AAA(2) of the Country Fire Authority Act 1958 to clarify
that the meaning of "major fire" will be contained within the
Emergency Management Act 2013 following the repeal of the
Fire Services Commissioner Act 2010.
Paragraph (b) repeals section 50B(1)(a) of the Country Fire
Authority Act 1958 to remove the Chief Officer's duty to issue
warnings and provide information in relation to fires in the
country area of Victoria if the Fire Services Commissioner has
delegated to the Chief Officer under section 26 of the Fire
Services Commissioner Act 2010 his or her duty to do so.
In major fires, the State Response Controller will be responsible
for issuing warnings and information to the community (as set
out in clause 43 of the Bill). The Chief Officer will continue to
have a duty to issue warnings and provide information in
32
relation to fires in the country area of Victoria if the Chief
Officer considers that the issuing of warnings or the provision
of information is necessary for the purposes of protecting life
and property.
Paragraph (c) makes a consequential amendment to
section 50B(2) of the Country Fire Authority Act 1958 to
remove reference to the Fire Services Commissioner, and
provide that the CFA Chief Officer must have regard to any
guidelines, procedures or operating protocols issued by the
Emergency Management Commissioner under clause 44 when
issuing warnings and providing information in relation to fires
in the country area of Victoria.
Paragraph (d) makes a consequential amendment to
section 50H(2) of the Country Fire Authority Act 1958 to
provide that a municipal council must have regard to the
signage guidelines for designated neighbourhood safer places as
published from time to time on the Internet site of Emergency
Management Victoria, rather than the Office of the Emergency
Services Commissioner, when ensuring that appropriate signs
are provided at each designated neighbourhood safer place in its
municipal district.
Paragraph (e) makes a consequential amendment to
sections 81A(1) and (2) of the Country Fire Authority
Act 1958 to substitute references to the "Fire Services
Commissioner" with the "Emergency Management
Commissioner". The Bill establishes the position of the
Emergency Management Commissioner as the successor in
law to the Fire Services Commissioner.
Paragraph (f) inserts references to the Emergency
Management Act 2013 into sections 97A and 97B(1).
Division 4--Emergency Services Telecommunications Authority
Act 2004
Clause 82 makes consequential amendments to the Emergency Services
Telecommunications Authority Act 2004 to repeal the
definition of Commissioner and insert new definitions of
applicable work program, Emergency Management
Commissioner, Inspector-General for Emergency
Management, Strategic Action Plan and State Crisis and
Resilience Council.
33
Clause 83 inserts new sections 6A to 6C in the Emergency Services
Telecommunications Authority Act 2004.
Proposed new section 6A provides that, in performing its
functions and exercising its powers under the Emergency
Services Telecommunications Authority Act 2004, the
objective of the Emergency Services Telecommunications
Authority (ESTA) is to contribute to a whole of sector approach
to emergency management and promote a culture within the
emergency management sector of community focus,
interoperability and public value. This is intended to broaden
ESTA's focus from being exclusively on their specific
responsibilities to be across all aspects of emergency
management.
Proposed new section 6B requires ESTA to collaborate and
consult with Emergency Management Victoria in performing
its functions or exercising its powers. This is consistent with
the obligation of Emergency Management Victoria under
clause 17(3)(a) to collaborate and consult with the emergency
management sector in performing its functions.
Proposed new section 6C requires ESTA to implement the work
program applying to it to give effect to the Strategic Action Plan
developed by the State Crisis and Resilience Council. The work
program includes things to be done, projects to be undertaken
and measures to be met by ESTA to enhance its operational
capacity and capability, and to improve its capacity to operate
with other agencies in planning for, and the response to, major
emergencies. ESTA must prepare a written report on the
progress made and achievements attained to give effect to the
Plan, at intervals requested by the State Crisis Resilience
Council but not less than one report a year, and give a copy of
the report to the Council and the Inspector-General for
Emergency Management.
Clause 84 makes consequential amendments to the heading of section 30
and section 30(1) of the Emergency Services
Telecommunications Authority Act 2004 to substitute
references to "Commissioner" with the "Inspector-General for
Emergency Management". Under the Bill, the Inspector-
General will be the successor to the Emergency Services
Commissioner and will assume responsibility for the
Commissioner's current role.
34
Division 5--Forests Act 1958
Clause 85 makes consequential amendments to the Forests Act 1958 to
substitute references to the "Fire Services Commissioner Act
2010" with the "Emergency Management Act 2013", repeal
the definitions of Fire Services Commissioner and fire services
reform action plan, substitute the definition of incident
management operating procedures, and inserts new definitions
of Emergency Management Commissioner, Inspector-General
for Emergency Management, Strategic Action Plan and State
Crisis and Resilience Council.
Clause 86 substitutes sections 61D to 61E of the Forests Act 1958, which
relate to the Fire Services Commissioner and the fire services
reform action plan, and inserts new section 61EA and EB in the
Forests Act 1958.
Proposed new section 61D requires the Secretary to the
Department of Environment and Primary Industries to
collaborate and consult with Emergency Management Victoria
in performing its functions or exercising its powers in relation
to fire suppression. This is consistent with the obligation of
Emergency Management Victoria under clause 17(3)(a) to
collaborate and consult with the emergency management sector
in performing its functions.
Proposed new section 61E requires the Secretary to use its best
endeavours to perform its fire suppression functions in
accordance with the operational standards developed by the
Emergency Management Commissioner under the Bill.
Proposed new section 61EA requires the Secretary to, every six
months, report in writing on the action it has taken during that
period to comply with the operational standards developed by
the Emergency Management Commissioner under the Bill, and
provide a copy of the report to the Commissioner.
Proposed new section 61EB requires the Secretary to implement
the work program applying to it to give effect to the Strategic
Action Plan developed by the State Crisis and Resilience
Council. The work program includes things to be done, projects
to be undertaken and measures to be met by the Secretary to
enhance its operational capacity and capability, and to improve
its capacity to operate with other agencies in planning for, and
the response to, major emergencies. The Secretary must
35
prepare a written report on the progress made and achievements
attained to give effect to the Plan, at intervals requested by the
State Crisis Resilience Council but not less than one report a
year, and give a copy of the report to the Council and the
Inspector-General for Emergency Management.
Clause 87 Subclause (1) repeals section 62AA(1)(a) of the Forests Act
1958 to remove the Secretary to DEPI's duty to issue warnings
and provide information in relation to fires in State forests,
national parks and on protected public land if the Fire Services
Commissioner has delegated this duty to the Secretary under
section 26 of the Fire Services Commissioner Act 2010.
In major fires, the State Response Controller will be responsible
for issuing warnings and information to the community
(as provided for in clause 43). The Secretary will continue to
have a duty to issue warnings and provide information in
relation to fires in State forests, national parks and on protected
public land if the Secretary considers that the issuing of
warnings or the provision of information is necessary for the
purposes of protecting life and property.
Subclause (2) amends section 62AA(2) of the Forests Act 1958
to require the Secretary to DEPI to have regard to the
guidelines, procedures or operating protocols issued by the
Emergency Management Commissioner, as the successor to the
Fire Services Commissioner.
Division 6--Metropolitan Fire Brigades Act 1958
Clause 88 makes consequential amendments to the Metropolitan Fire
Brigades Act 1958 to substitute references to the "Fire
Services Commissioner Act 2010" and the "Emergency
Management Act 1986" with the "Emergency Management
Act 2013", repeal the definitions of Fire Services
Commissioner and fire services reform action plan, substitute
the definition of incident management operating procedures,
and insert new definitions for Emergency Management
Commissioner, Inspector-General for Emergency
Management, Strategic Action Plan and State Crisis and
Resilience Council.
36
Clause 89 substitutes sections 7A of the Metropolitan Fire Brigades Act
1958, which relate to the Fire Services Commissioner and the
fire services reform action plan, and inserts new sections 7AB
to 7AE.
Proposed new section 7A provides that, in performing its
functions and exercising its powers under the Metropolitan
Fire Brigades Act 1958, the objective of the Metropolitan Fire
and Emergency Services Board (MFESB) is to contribute to a
whole of sector approach to emergency management and
promote a culture within the emergency management sector of
community focus, interoperability and public value. This is
intended to broaden the MFESB's focus from being exclusively
on their specific hazard responsibilities to be across all aspects
of emergency management.
Proposed new section 7AB requires the MFESB to collaborate
and consult with Emergency Management Victoria in
performing its functions or exercising its powers. This is
consistent with the obligation of Emergency Management
Victoria under clause 17(3)(a) to collaborate and consult with
the emergency management sector in performing its functions.
Proposed new section 7AC requires the MFESB to use its best
endeavours to perform its functions in accordance with the
operational standards developed by the Emergency
Management Commissioner under the Bill.
Proposed new section 7AD requires the MFESB to, every six
months, report in writing on the action it has taken during that
period to comply with the operational standards developed by
the Emergency Management Commissioner under the Bill, and
provide a copy of the report to the Commissioner.
Proposed new section 7AE requires the MFESB to implement
the work program applying to it to give effect to the Strategic
Action Plan developed by the State Crisis and Resilience
Council. The work program includes things to be done, projects
to be undertaken and measures to be met by the MFESB to
enhance its operational capacity and capability, and to improve
its capacity to operate with other agencies in planning for, and
the response to, major emergencies. The MFESB must prepare
a written report on the progress made and achievements attained
to give effect to the Plan, at intervals requested by the State
Crisis Resilience Council but not less than one report a year,
37
and give a copy of the report to the Council and the Inspector-
General for Emergency Management.
Clause 90 Paragraph (a) repeals sections 7(4), (5) and (6) of the
Metropolitan Fire Brigades Act 1958 relating to the functions
of the MFESB, to remove references to the performance
standards developed by the Fire Services Commissioner under
the Fire Services Commissioner Act 2010.
Paragraph (b) makes a consequential amendment to
paragraph (b) of the definition of major emergency in section
7AA(2) of the Metropolitan Fire Brigades Act 1958 to clarify
that the meaning of "major fire" will be contained within the
Emergency Management Act 2013 following the repeal of the
Fire Services Commissioner Act 2010.
Paragraph (c) repeals section 32AA(1)(a) of the Metropolitan
Fire Brigades Act 1958 to remove the Chief Officer's duty to
issue warnings and provide information in relation to fires in the
metropolitan district if the Fire Services Commissioner has
delegated to the Chief Officer under section 26 of the Fire
Services Commissioner Act 2010 his or her duty to do so.
In major fires, the State Response Controller will be responsible
for issuing warnings and information to the community
(as provided for in clause 43). The Chief Officer will continue
to have a duty to issue warnings and provide information in
relation to fires in the metropolitan district if the Chief Officer
considers that the issuing of warnings or the provision of
information is necessary for the purposes of protecting life and
property.
Paragraph (d) makes a consequential amendment to section
32AA(2) of the Metropolitan Fire Brigades Act 1958 to
remove reference to the Fire Services Commissioner, and
provide that the MFESB Chief Officer must have regard to any
guidelines, procedures or operating protocols issued by the
Emergency Management Commissioner when issuing warnings
and providing information in relation to fires in the metropolitan
district.
Paragraph (e) makes a consequential amendment to
sections 45A(1) and (2) of the Metropolitan Fire Brigades
Act 1958 to substitute references to the "Fire Services
Commissioner" with the "Emergency Management
Commissioner". The Bill establishes the position of the
38
Emergency Management Commissioner as the successor in
law to the Fire Services Commissioner.
Division 7--Victoria State Emergency Service Act 2005
Clause 91 consequentially amends section 3 of the Victoria State
Emergency Service Act 2005 to substitute references to the
"Emergency Management Act 1986" with the "Emergency
Management Act 2013", and insert new definitions for
applicable work program, Emergency Management
Commissioner, incident management operating procedures,
Inspector-General for Emergency Management, Strategic
Action Plan and State Crisis and Resilience Council.
Clause 92 inserts new sections 4A to 4F in the Victoria State Emergency
Service Act 2005.
Proposed new section 4A provides that, in performing its
functions and exercising its powers under the Victoria State
Emergency Service Act 2005, the objective of the Victoria
State Emergency Service Authority (VICSES) is to contribute
to a whole of sector approach to emergency management and
promote a culture within the emergency management sector of
community focus, interoperability and public value. This is
intended to broaden VICSES's focus from being exclusively on
their specific hazard responsibilities to be across all aspects of
emergency management.
Proposed new section 4B requires VICSES to collaborate and
consult with Emergency Management Victoria in performing
its functions or exercising its powers. This is consistent with
the obligation of Emergency Management Victoria under
clause 17(3)(a) to collaborate and consult with the emergency
management sector in performing its functions.
Proposed new section 4C requires VICSES to use its best
endeavours to perform its functions in accordance with the
operational standards developed by the Emergency
Management Commissioner under the Bill.
Proposed new section 4D requires VICSES to, every six
months, report in writing on the action it has taken during that
period to comply with the operational standards developed by
the Emergency Management Commissioner under the Bill, and
provide a copy of the report to the Commissioner.
39
Proposed new section 4E requires VICSES to implement the
work program applying to it to give effect to the Strategic
Action Plan developed by the State Crisis and Resilience
Council. The work program includes things to be done, projects
to be undertaken and measures to be met by VICSES to enhance
its operational capacity and capability, and to improve its
capacity to operate with other agencies in planning for, and the
response to, major emergencies. VICSES must prepare a
written report on the progress made and achievements attained
to give effect to the Plan, at intervals requested by the State
Crisis Resilience Council but not less than one report a year,
and give a copy of the report to the Council and the Inspector-
General for Emergency Management.
Proposed new section 4F requires VICSES to comply with any
incident management operating procedures developed by the
Emergency Management Commissioner under clause 50 of the
Bill. A similar provision requiring compliance with incident
management operating procedures currently exists in section 7B
of the Metropolitan Fire Brigades Act 1958, section 6F of the
Country Fire Authority Act 1958 and section 61F of the
Forests Act 1958.
Clause 93 makes the following amendments to the Victoria State
Emergency Service Act 2005--
· amend sections 5(1)(c)(i) and (ii) to substitute
references to the "Emergency Management Act 1986"
with the "Emergency Management Act 2013";
· repeal sections 5(4) and (5) to remove references to
standards prepared by the Emergency Services
Commissioner under Part 4A of the Emergency
Management Act 1986; and
· amends paragraph (b) of the definition of major
emergency in section 6A(2) to clarify that the meaning
of "major fire" will be contained within the Emergency
Management Act 2013 following the repeal of the Fire
Services Commissioner Act 2010.
40
Division 8--Amendment of other Acts
Clause 94 makes a consequential amendment to section 98G(e) of the
Domestic Animals Act 1994 to substitute reference to the
"Emergency Management Act 1986" with the "Emergency
Management Act 2013".
Clause 95 makes a consequential amendment to the definition of
emergency in section 3(1) of the Livestock Disease Control
Act 1994 to substitute the reference to the "Emergency
Management Act 1986" with the relevant reference to the
Emergency Management Act 2013.
Clause 96 makes a consequential amendment to section 3(1) of the
Marine (Drug, Alcohol and Pollution Control) Act 1988
to substitute references to "Part 3A of the Emergency
Management Act 1986" with "Part 6 of the Emergency
Management Act 2013".
Clause 97 makes a consequential amendment to item 7 of Schedule 3 to
the Ombudsman Act 1973 to substitute reference to the
Emergency Services Commissioner with the Inspector-General
for Emergency Management.
Clause 98 makes a consequential amendment to section 8(3A)(b) of the
Police Regulation Act 1958 to substitute reference to the
"Emergency Management Act 1986" with the "Emergency
Management Act 2013".
Clause 99 makes consequential amendments to the Port Management
Act 1995 to substitute references to the "Emergency
Management Act 1986" with the "Emergency Management
Act 2013".
Clause 100 makes a consequential amendment to section 20A(8) of the
Prevention of Cruelty to Animals Act 1986 to substitute
reference to section 4(1) of the Emergency Management Act
1986 with the relevant section 3 of the Emergency
Management Act 2013.
Clause 101 makes a consequential amendment to section 105A(3)(a) of the
Public Administration Act 2004 to substitute reference to the
"State Emergency Response Coordinator under the Emergency
Management Act 1986" with the "Emergency Management
Commissioner under the Emergency Management Act 2013".
41
Clause 102 makes consequential amendments to sections 198(1) and (3) of
the Public Health and Wellbeing Act 2008 to substitute
reference to the "State Emergency Response Coordinator under
the Emergency Management Act 1986" with the "Emergency
Management Commissioner under the Emergency
Management Act 2013".
Clause 103 makes a consequential amendment to section 63 of the Road
Management Act 2004 to substitute reference to the
"Emergency Management Act 1986" with the "Emergency
Management Act 2013".
Clause 104 makes consequential amendments to the Terrorism
(Community Protection) Act 2003 to substitute references to
the "Emergency Management Act 1986" with the
"Emergency Management Act 2013".
Division 9--Repeal of Part
Clause 105 provides for the repeal of Part 9 on 1 September 2015.
The repeal of Part 9 does not affect the continuing operation of
the repeals and amendments made by Part 9 (see section 15(1)
of the Interpretation of Legislation Act 1984).
42