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Emergency Services Legislation
Amendment Bill 2007
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill makes amendments to certain Acts to improve the coordination and
delivery of fire and other emergency response services and for other related
matters.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill, which is to amend the Country
Fire Authority Act 1958, the Emergency Management Act
1986, the Metropolitan Fire Brigades Act 1958 and the
Victoria State Emergency Service Act 2005 to improve
coordination and delivery of emergency response services; to
provide similar long service leave entitlements to Metropolitan
Fire and Emergency Service Board and Country Fire Authority
employees; and to make miscellaneous amendments to the
Building Act 1993, the Juries Act 2000 and the Summary
Offences Act 1966.
Clause 2 provides for the commencement of the Bill on the day after the
day on which it receives Royal Assent, but for the new offence
provisions in clauses 39, 42, 82, 105 and 134, which are to come
into operation on a day to be proclaimed or 1 January 2008,
whichever comes first.
561085 1 BILL LA INTRODUCTION 18/9/2007
PART 2--AMENDMENT OF THE COUNTRY FIRE
AUTHORITY ACT 1985
Clause 3 amends section 3 of the Country Fire Authority Act 1958
(CFA Act) to amend the definitions of apparatus, fire,
metropolitan district and owner. Clause 3 also inserts
definitions of Commission, Department, international fire
brigade, interstate fire brigade, managing agent and owners
corporation.
Clause 4 Subclause (1) amends section 4 of the CFA Act to substitute a
new heading to section 4 of the CFA Act.
Subclause (2) provides for the relevant Department to be the
Department of Sustainability and Environment.
Clause 5 amends section 11A of the CFA Act to provide for conflicts of
interest of members to be declared in accordance with
section 11A.
Clause 6 amends section 13 of the CFA Act by adding "or" to section 13
to clarify that the Authority can make payments to insure the
chairman, deputy chairman or other Members of the Authority
against accidents occurring while travelling for any purpose
relating to the administration of the CFA Act.
Clause 7 substitutes section 19 of the CFA Act and inserts new sections
19A to 19E to substitute provisions for long service leave for
"officers or employees of the Authority". Section 19 of the CFA
Act currently incorporates long service leave provisions by
reference to sections 80 to 85 of the Metropolitan Fire
Brigades Act 1958 ("the MFB Act").
Clause 7 reflects in substance the relevant sections of the MFB
Act and will promote parity between the Authority and the
Metropolitan Fire and Emergency Services Board.
The definition of an officer or employee of the Authority
specifically excludes part-time officers or volunteer officers.
A definition of service is provided.
Clause 8 substitutes section 20B of the CFA Act to broaden the scope of
equipment that may give a false alarm of fire and the persons
from whom the Authority may recover costs for attendances at
false alarms of fire. Clause 8 extends the scope of equipment to
also include equipment designed to detect a fire or other
emergency and transmit a signal of that detection.
2
New section 20B of the CFA Act provides for the Authority to
also recover fees for attendances from owners corporations or
managing agents. Definitions of an owners corporation and
managing agent are provided in clause 3. This new section
provides that where the Authority seeks to recover the costs and
expenses for its attendance, it may serve notice on an owner,
occupier, owners corporations or managing agent to provide
details of the circumstances of the false alarm. The person must
within 14 days provide the Authority with a written explanation
of the false alarm and any information supporting that
explanation, including maintenance and testing records.
New subsection (4) provides the material which the Authority is
to consider in deciding whether there was a reasonable excuse
for the false alarm. If the Authority is not satisfied of a
reasonable excuse, the Authority may serve notice on the person
requiring that person to pay the relevant prescribed fees and
charges. That person may apply for review of the decision to
issue the notice at the Victorian Civil and Administrative
Tribunal.
Clause 9 amends section 22AA of the CFA Act by inserting a time frame
by which a relevant owner or group of relevant owners must
comply with the existing obligation under section 23AA(2).
Relevant owners or group of relevant owners must comply with
a requirement "within a reasonable time". Requirements include
to form an industry brigade, apply to register an industry
brigade, and at the expense of the relevant owner or owners,
provide officers and members for the industry brigade as
determined by the Authority or provide the industry brigade
with apparatus as determined by the Authority.
Clause 10 amends section 23A of the CFA Act to substitute "suppression"
for "extinction" in section 23A(1) to provide for consistent
terminology in the CFA Act.
Clause 11 Subclause (1) amends section 30 of the CFA Act to amend the
Chief Officer's power to close certain roads and direct traffic on
those roads under section 30(1)(f). It provides that the Chief
Officer may also close roads and direct traffic on roads which
are likely to be affected by fire or smoke from a fire. The Chief
Officer will also be able to direct any person in the vicinity of
the fire to immediately leave the area by the safest and shortest
route. Section 30(1)(f) of the CFA Act will also be amended to
specifically enable the Chief Officer to prevent persons from
entering an area affected, or an area likely to be affected, by fire
or smoke from a fire. Roads affected by fire or smoke may
include roads not within the immediate vicinity of the fire, but
which lead directly to such roads.
3
Subclause (2) amends section 30(1)(g) of the CFA Act to
provide that the force which the Chief Officer (or any member
of any fire brigade or police force) may use when removing
persons under that section is to be reasonable.
Subclause (3) clarifies that an order to withdraw under section
30(1)(g) of the CFA Act may include directing a person to
immediately leave any area affected by fire by the safest and
shortest route. The "safest and shortest route" may be
determined by the Chief Officer or the person subject to the
direction, as the case may be.
Clause 12 amends section 30A of the CFA Act by replacing reference to
the Department of Sustainability and Environment in section
30A(1) with "Department". A definition of Department is
provided by clause 3.
Clause 13 Subclause (1) amends section 31(3)(b) of the CFA Act to
provide that the force which Victoria Police may use is
reasonable force. Victoria Police may use reasonable force to
remove persons who interfere by their presence with the
operations of fire fighters, or who are in burning premises or
premises threatened by fire.
Subclause (2) clarifies that Victoria Police may also remove a
person who has a pecuniary interest in the land, building or
premises (or in goods and valuables thereon) where that person
is interfering with the operations of a brigade by their presence
or otherwise.
Clause 14 amends the title to section 32 of the CFA Act to refer to "water,
electricity and gas suppliers".
Clause 15 amends section 33 of the CFA Act to replace "metropolitan fire
district" with "metropolitan district" and substitutes
"Metropolitan Fire and Emergency Services Board" in the place
of "Metropolitan Fire Brigade."
Clause 16 amends section 34, 37, 38, 39, 39A, 39C and 39E of the CFA
Act to increase the maximum penalty units for offences against
various provisions of the CFA Act and removes mandatory
minimum sentences for certain offences.
Subclause (1) increases the penalty in section 34(2) of the CFA
Act for an offence relating to not taking reasonable steps to
extinguish a fire. The increase is from 50 penalty units or
imprisonment for 12 months or both, to 120 penalty units or
imprisonment for 12 months or both.
4
Subclause (2) increases the penalty in section 37 of the CFA Act
for an offence relating to lighting fires in the open air during a
fire danger period. The increase is from 50 penalty units or
imprisonment for 12 months or both, to 120 penalty units or
imprisonment for 12 months or both.
Subclause (3) increases the penalty under section 38(3) of the
CFA Act for failing to comply with a condition in a fire lighting
permit. The increase is from 20 penalty units or imprisonment
for 12 months or both, to 120 penalty units or imprisonment for
12 months or both.
Subclause (4) increases the penalty under section 39 of the CFA
Act for an offence relating to certain actions near fires during a
fire danger period. The increase is from 50 penalty units or
imprisonment for 12 months or both, to 120 penalty units or
imprisonment for 12 months or both.
Subclause (5) amends section 39A to remove the minimum
penalty of imprisonment for three months for causing a fire in
extreme conditions.
Subclause (6) amends section 39C of the CFA Act to remove the
minimum penalty of imprisonment for one year for causing a
fire in the country area with intent to cause damage.
Subclause (7) increases the penalty under section 39E(1) of the
CFA Act for an offence relating to high-fire risk activities
during a declared fire danger period. The increase is from
50 penalty units or imprisonment for 12 months or both, to
120 penalty units or imprisonment for 12 months or both.
Clause 17 amends section 40 of the CFA Act in relation to declarations of
total fire ban.
Subclause (1) increases the penalty under section 40(4) for an
offence relating to lighting a fire or allowing a fire to remain
alight, or in relation to using certain equipment in connection
with a vehicle. The increase is from 100 penalty units or
imprisonment for two years or both, to 240 penalty units or
imprisonment for two years or both.
Subclauses (2) and (3) amend section 40(5)(a) to substitute
relevant defined terms.
Subclause (4) increases penalties under section 40(9) of the CFA
Act for the offence of lighting certain fires during a total fire ban
day. The increase will be from 100 penalty units or
imprisonment for two years or both, to 240 penalty units or
imprisonment for two years or both.
5
Subclause (5) amends section 40(10)(a) of the CFA Act to
describe the responsibilities of a brigade or statutory corporation
as including "prevention" together with "suppression" of fire in
the area where the fire has been lit.
Clause 18 amends section 41 of the CFA Act to enable serving fire
prevention notices on public authorities, and to clarify that
notices must contain prescribed information. This provision
provides a mechanism to prevent potential fire hazards on lands
managed by a range of public authorities.
Clause 19 amends section 41B of the CFA Act to insert a requirement in
section 41B that an objection to a fire prevention notice must be
in writing and must be on grounds the fire prevention officer
considers reasonable.
Clause 20 amends sections 41D and 41E of the CFA Act to increase
penalties for offences against fire prevention notices.
Subclause (1) increases the penalty under section 41D(1) of the
CFA Act for failing to comply with a fire prevention notice.
The increase will be from 50 penalty units and imprisonment for
12 months or both, to 120 penalty units or imprisonment for
12 months or both. Subclause (2) increases the penalty in a
fire prevention infringement notice for an offence against
section 41D from 2 penalty units to 10 penalty units.
Clause 21 amends section 44A(1) of the CFA Act in relation to closing
roads and directing movement for the purposes of protecting
life, property or the environment. This clause provides that the
Chief Officer may also close roads and direct traffic on roads
likely to be affected by fire or smoke from a fire. The Chief
Officer will also be able to direct any person in the vicinity of
the fire to immediately leave the area by the safest and shortest
route. The Chief Officer can also prevent persons from entering
an area affected, or likely to be affected by fire or smoke.
Roads affected by fire or smoke may include roads not within
the immediate vicinity of the fire, but which lead directly to such
roads.
Clause 22 amends section 48 of the CFA Act by increasing the penalty in
section 48(2)(b) for offences relating to directions to extinguish
a fire given by authorised officers, from 50 units or 12 months
imprisonment or both, to 120 penalty units or 12 months
imprisonment or both.
6
Clause 23 amends section 49 of the CFA Act to increase the penalty from
10 penalty units to 60 penalty units. Section 49 of the CFA Act
provides an offence relating to the disposal of certain products
of sawmilling without complying with the regulations.
Clause 24 amends section 50 of the CFA Act to substitute "efficient" with
"functioning and effective" in secton 50(1) in relation to
required safety features for certain vehicles propelled by internal
combustion.
Clause 25 inserts a new section 50A into the CFA Act, which enables the
Authority to provide a person who conducts an alarm-
monitoring service with a written notice that requires the person
to provide the prescribed information within the prescribed
period. The person must comply with such a notice.
Alarm-monitoring service is defined in new subsection (3).
Clause 26 amends section 62 of the CFA Act to substitute "Metropolitan
Fire and Emergency Services Board" for "metropolitan fire
brigade".
Clause 27 amends section 74E of the CFA Act to substitute "as are" for
"from time to time" in relation to Appeals Commissioners'
remuneration and allowances fixed by the Governor in Council.
Clause 28 amends section 74G(1) of the CFA Act to provide that a
Commissioner's resignation takes effect on the date specified in
the letter or, if a date is not specified, on the date that the letter is
received by the Minister.
Clause 29 amends section 77 of the CFA Act.
Subclause (1) removes the requirement in section 77(2) that
gross premiums shown in a return includes a notional premium
for deductibles of $10 000 or more calculated in accordance
with a prescribed formula. It allows further matters to be
prescribed for inclusion or exclusion from the gross premium in
section 77(2)(c).
Subclause (2) also substitutes a new subsection (3) for
subsections (2A) and (3) to provide that statutory declarations
in the return must be made by a person who has appropriate
authority to bind the company.
Clause 30 amends section 80A of the CFA Act to substitute a new heading
"Contributions by owners and insurance intermediaries". It also
substitutes "gross premium" for "premium" in section 80A.
Clause 30 allows further matters to be prescribed in section
80(A)(3A) for inclusion or exclusion from the gross premium.
7
Clause 31 amends section 87 of the CFA Act to re-insert sections 87(9A)
and 87(9B) to treat certain persons as uninsured for the purpose
of charging for the reasonable costs and expenses of attending at
a fire. An insurance policy-holder is treated as uninsured where
his or her relevant policy includes an excess of $10,000 or more,
and whose insured property is damaged or destroyed by fire, and
the value of that damage is greater than $10,000 but less than the
value of the excess. Re-inserted section 87(9B) enables the
Authority to engage a person to assess the value of the damage
or destruction in the event of a dispute as to value.
Clause 32 amends section 92 of the CFA Act to extend the immunity in
section 92(1)(c) to any officer or member of an international fire
brigade. Interstate fire brigade and international fire brigade
are defined in clause 3.
Clause 33 substitutes section 93A of the CFA Act by substituting a new
section 93A to require any officer or member of interstate or
international fire brigades to place themselves and any of their
equipment or gear at the disposal of the Chief Officer or other
officer of the Authority in charge at the fire scene. Equipment
or gear would include any equipment intended to assist in
prevention, response or recovery activities. Where an interstate
or international brigade only sends equipment or resources to
Victoria for the purpose of endeavouring to prevent or suppress
a fire or to protect life or property, such equipment or resources
is subject to the Chief Officer's control or control of the officer
in charge while the equipment or resources are in Victoria.
This clause also provides for interstate or international fire
brigades to exercise the Chief Officer's powers when the Chief
Officer or other officer of the Authority is not present.
Clause 34 substitutes section 96 of the CFA Act to clarify the Chief
Officer's existing powers of access to, and use of, water and
water infrastructure within the country area of Victoria, free of
charge. The Chief Officer or other officers of the Authority may
have free access to, and use of, water and water infrastructure
for any purpose relating to the function or power of the
Authority. The Chief Officer will also have free access to and
use of information regarding the location of water or water
infrastructure.
Clause 35 inserts new sections 97DA and 97DB into the CFA Act.
New section 97DA enables the Authority to order any person
(including those with a pecuniary interest in the area or in
goods or valuables therein) who interferes with the provision of
certain services or exercise of certain powers to leave the area in
which those services are provided or power is exercised.
8
Victoria Police may use reasonable force to remove persons in
receipt of the order, where they do not comply with that order.
New section 97DB of the CFA Act allows the Authority to fix
and charge fees for services provided under other Acts or
regulations.
Clause 36 amends section 98 of the CFA Act to substitute "Chief Officer"
for "Officer".
Clause 37 amends section 102 of the CFA Act to increase the penalty
under section 102(2) for offences relating to unauthorised
collections for brigades from five penalty units to 10 penalty
units.
Clause 38 amends section 103A of the CFA Act to remove the redundant
section 103A(2), regarding the Australian Fire Brigades Charges
Scheme.
Clause 39 inserts a new section 106A of the CFA Act, which creates an
offence to wilfully damage or interfere with, or wilfully reset
without the consent of the Authority, a fire indicator panel or
similar apparatus. The penalty for this offence is 60 penalty
units.
Clause 40 amends section 107 of the CFA Act by increasing the penalty
for offences under section 107 from 10 penalty units to
60 penalty units or imprisonment for six months, or both.
Clause 41 amends section 107A of the CFA Act to increase the penalty
for offences under section 107A from 20 penalty units to
120 penalty units. Section 107A provides offences to undertake
certain activities relating to impersonating a member of the
Authority or imply an association with the Authority without
appropriate authority.
Clause 42 inserts a new section 107B of the CFA Act to create an offence
to wilfully give or cause to be given a false report of fire to a fire
brigade in the country area of Victoria. The penalty for this
offence is 60 penalty units.
Clause 43 amends section 109 of the CFA Act to increase the cumulative
penalty provided in section 109 from five penalty units as well
as ½ a penalty unit (for each day during which the offence
continues after the person is convicted of it) to 10 penalty units
and to a further penalty of 1 penalty unit. Section 109 provides
a penalty for failing to comply with provisions of the CFA Act
where no penalty is specified.
9
Clause 44 amends section 110 of the CFA Act to amend the regulation
making powers in section 110 with respect to adopting brigade
constitutions, prescribing fees and charges for services provided
under other Acts or regulations and increases the penalty for
offences against the regulations from 10 penalty units to
20 penalty units. Subclause (1) also makes statute law revisions
to section 110(1)(b) to remove the "-" in "Common-wealth".
PART 3--AMENDMENT OF EMERGENCY MANAGEMENT
ACT 1986
Clause 45 amends section 4 of the Emergency Management Act 1986
(EM Act) to insert or amend definitions. The definitions include
control agency, emergency, emergency activity, monitor, State
Coordinator, state emergency response plan and volunteer
emergency worker. Emergency activity includes undertaking a
role or responsibility in accordance with the state emergency
response plan or state emergency recovery plan, whether the
activity is performed by a single agency or in a coordinated,
multi-agency approach. Clause 45 also omits DISPLAN and
makes consequential amendments to other definitions to reflect
the removal.
Clause 46 amends section 7 of the EM Act to provide for the Co-ordinator
in Chief of Emergency Management to delegate to a class of
persons.
Clause 47 amends section 9A of the EM Act by inserting subsection 9A(2)
to deem the State Emergency Response Plan the same plan as
"DISPLAN".
Clause 48 amends the heading to section 10 of the EM Act to reflect the
removal of "DISPLAN" and substitutes "the State emergency
response plan" in the place of "DISPLAN".
Clause 49 amends section 11 of the EM Act to substitute "the State
emergency response plan" in the place of "DISPLAN".
Clause 50 amends section 12 of the EM Act to substitute "the State
emergency response plan" in the place of "DISPLAN".
Clause 51 amends section 13 of the EM Act to substitute "the State
emergency response plan" in the place of "DISPLAN" and to
substitute an "Emergency Response Coordinator of the State
emergency response plan" in the place of "Co-ordinator of
DISPLAN".
10
Clause 52 amends the heading to section 14 of the EM Act to substitute
"State emergency response committees" in the place of
"DISPLAN Committees".
Clause 53 amends the heading to section 15 of the EM Act to substitute
"the State emergency response plan" in the place of
"DISPLAN". It also amends section 15(a) to provide that the
State emergency response plan is to identify the control agency
for each form of emergency specified. Clause 53(4) amends
section 15(d) to substitute "Emergency Response Co-ordinator"
in the place of "co-ordinators".
Clause 54 amends the heading to section 16 of the EM Act. It also
substitutes "Emergency Response Co-ordinator" in the place of
"co-ordinator". "Metropolitan Fire and Emergency Services
Board" is also substituted in the place of "Metropolitan Fire
Brigades Board". It also updates a reference to the Department
of Sustainability and Environment.
Clause 55 amends the heading to section 16A of the EM Act and
substitutes "Emergency Response Co-ordinator" in the place of
"co-ordinator" in section 16A.
Clause 56 substitutes section 17 of the EM Act to substitute "the State
emergency response plan" in the place "DISPLAN".
Clause 57 amends section 21A of the EM Act to insert a new heading and
to substitute "Director of Operations" in the place of "the
Director" in relation to the Victoria State Emergency Service.
Clause 57(3) also substitutes "divisional emergency response
committee" in the place of "regional DISPLAN committee".
Clause 58 amends the heading to Part 4A of the EM Act to substitute
"Emergency Services Commissioner" in the place of "Standards
for the Prevention and Management of Emergencies".
Clause 59 amends section 21C of the EM Act to amend the powers of the
Emergency Services Commissioner. Clause 59(1) adds a new
paragraph that clarifies that a function of the Commissioner is to
monitor the non-financial performance of emergency services
agencies. A definition of monitor is provided at clause 45 and
includes "to check, to observe, to seek and to record
information". Emergency services agency is defined in
section 4 of the EM Act.
Subclause (2) provides that the Commissioner may advise, make
recommendations and report on any matter arising from any
monitoring or investigation of the Emergency Services
Telecommunications Authority.
11
Subclause (3) inserts new paragraph to provide that the
Commissioner may advise, make recommendations and report to
the Minister on matters related to monitoring an emergency
services agency.
Subclause (4) amends the Commissioner's power to advise,
make recommendations and report to the Minister on
emergencies, emergency activities or emergency management.
Clause 60 amends section 21D(1) of the EM Act to clarify that the
Commissioner may arrange for the preparation and review of
standards.
Clause 61 substitutes section 21E to provide that the Commissioner may
arrange for the monitoring of the adoption of and compliance
with standards. New section 21E(2) provides that the
Commissioner may monitor and investigate the non-financial
performance of the Emergency Services Telecommunications
Authority. New section 21E(3) allows the Commissioner to
arrange for the monitoring of the non-financial performance of
an emergency services agency in relation to emergencies,
emergency activity and emergency management. New sections
21E(4) and 21E(5) provide for the manner in which monitoring
or investigations can be initiated. New section 21E(6) of the
EM Act provides that the Commissioner may advise, make
recommendations and report to the Minister on a matter arising
from any monitoring or investigation.
Clause 62 amends section 21F of the EM Act in relation to information to
be provided by an agency. Section 21F(1) of the EM Act
provides that the Commissioner may require any agency to
provide information that the Commissioner believes is necessary
for a number of purposes. Clause 62(1) provides that such
purposes include to monitor and investigate the performance of
an emergency services agency under Part 4A, or to advise, make
recommendations and report to the Minister on any matter
arising out of Part 4A.
Agencies must provide the Commissioner with the information
requested by the Commissioner and in the form requested by the
Commissioner. Clause 62(2) amends section 21F(2) of the EM
Act so that agencies must provide the information in the form
requested by the Commissioner. Clause 62(3) provides that the
Emergency Services Telecommunications Authority must
provide information to the Commissioner within five days
unless the Commissioner agrees to certain matters. Clause 62(4)
amends section 21F(2B) to provide a procedure for requiring
information that the Commissioner reasonably believes is
urgent.
12
Clause 63 Subclause (1) amends section 24 of the EM Act to insert a new
section 24(6A) which provides a 28-day time limit for seeking a
review of the Co-ordinator in Chief's determination of
compensation for the taking or using of a person's property
during a declared State of Disaster.
Subclause (2) repeals the prohibition against compelling the
evacuation of persons during a declared State of Disaster from
any land or building in which they have a pecuniary interest, or
in any goods or valuables on the land or building. This
amendment provides a more appropriate suite of powers
exercisable by the Co-ordinator in Chief in the extreme
circumstances of a State of Disaster.
Clause 64 amends section 36 of the EM Act to increase the penalty for an
offence against section 36 from 10 penalty units to 60 penalty
units or six months imprisonment. Section 36 of the EM Act
provides it is an offence for a person (other than a person
engaging in an emergency activity) to obstruct, hinder or in any
way interfere with a person engaging in an emergency activity.
Clause 65 Subclause (1) amends section 36A(1) of the EM Act to
substitute "control agency" in the place of "agency primarily
responsible for responding to" the emergency.
Subclause (2) amends section 36A(3) of the EM Act to provide
that Victoria Police need only place signs of the declaration of
an emergency area at points of access to the emergency area
only where the relevant officer of the police force considers it
appropriate to do so in the circumstances.
Clause 66 Subclause (1) amends section 36B(1)(c) of the EM Act to
provide that an officer of the police force can direct any person
within the emergency area to immediately leave the emergency
area by the safest and shortest route.
Subclause (2) provides the methods in which directions,
prohibitions or authorisations may be given.
Subclause (3) amends section 36B(5) of the EM Act to enable a
member of the police force to order a person who interferes with
the operations of emergency workers or a person whom the
member of the police force reasonably suspects has or may
commit an offence against the Act to leave the emergency area
by the safest and shortest route. The member of the police force
may use reasonable force to ensure compliance with such an
order.
13
Subclause (4) provides that destruction, damage or obscurement
of a sign posted under section 36A(3) does not invalidate a
power exercised under section 36B.
Clause 67 Subclause (1) amends section 36C of the EM Act to increase the
penalty in section 36C(1) from five penalty units to 10 penalty
units. Section 36C(1) creates an offence for a person to fail
(without reasonable excuse) to obey a prohibition or direction or
to act in accordance with the conditions of an authorisation.
Subclause (2) increases the penalty under section 36C(2) from
100 penalty units to 120 penalty units. Section 36C(2) of the
EM Act creates an offence to enter or attempt to enter the
emergency area after being ordered to leave, is removed, or is
prevented from entering the emergency area.
Clause 68 amends section 38 of the EM Act to increase the penalty from
10 penalty units to 60 penalty units. Section 38 of the EM Act
creates an offence to do certain acts to mislead or attempt to
mislead the Co-ordinator in Chief or others in relation to a
compensation claim under Parts 5 or 6.
Clause 69 amends section 39(b) of the EM Act to substitute "DISPLAN"
with "the State emergency response plan".
PART 4--AMENDMENT OF METROPOLITAN FIRE
BRIGADES ACT 1958
Clause 70 amends certain existing definitions and inserts new definitions
in the Metropolitan Fire Brigades Act 1958 (MFB Act).
New definitions include managing agent, international fire
brigade, owners corporation, water authority and water
licensee.
Clause 71 Subclause (1) amends section 7 of the MFB Act to provide that
the functions of the Board also include any other functions
prescribed in regulations.
Subclause (2) substitutes "metropolitan district" in the place of
"metropolitan fire district" following amendments to the
definitions in section 3 of the MFB Act.
Clause 72 amends section 11 of the MFB Act to remove "from time to
time" to clarify that members of the Board are entitled to
remuneration and allowances as are determined the Governor in
Council under section 74E.
14
Clause 73 inserts a new section 11A to apply certain Parts of the Public
Administration Act 2004 to the President of the Board.
It applies certain rights of re-employment in the public service
following the termination of the President's term of office and
provides superannuation entitlements to the President under the
State Superannuation Act 1988.
Clause 74 amends section 13 of the MFB Act to provide that resignations
from the Board take effect on certain dates under section 13(1).
Clause 75 amends section 14(1) of the MFB Act to clarify that the period
in which a member acts for a member of the Board is the period
during which the relevant member is unable to perform the
duties of his or her office.
Clause 76 amends section 24A of the MFB Act to provide that the Board
may acquire land which is required for the purposes of the MFB
Act.
Clause 77 amends section 26 of the MFB Act to remove the redundant
phrase "and from time to time".
Clause 78 substitutes section 31A of the MFB Act to provides for a more
appropriate suite of powers which the Chief Officer may
delegate.
Clause 79 amends section 32B of the MFB Act to substitute "member of
the senior operational staff" in place of "senior member of the
operation staff" in section 32B(3). A definition of senior
operational staff is provided at clause 69.
Subclause (2) inserts new subsection (4A) to provide that a
member of the senior operational staff or police force may use
reasonable force to remove persons who fail or refuse to comply
with an order to withdraw, or may order the forcible removal of
that person. Subclause (2) also inserts a new subsection (4B)
provides that an officer of the Board can direct a member of the
police force to remove a person who refuses to comply with an
order to withdraw. The removal of the person is to be with
reasonable force. The definition of member of the senior
operation staff is provided by new subsection (5).
Clause 80 Subclause (1) amends the heading to section 32C of the MFB
Act to provide for consistent use of "Chief Officer".
Subclause (2) substitutes "Member of the senior operational
staff" for the "senior member of the operation staff" in section
32C(1A).
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Clause 81 substitutes section 32D of the MFB Act to provide that the
Board may also recover fees for attendances from owners
corporations or managing agents. Definitions of an owners
corporation and managing agent are provided in clause 70.
The new section provides that where the Board seeks to recover
the costs and expenses for its attendance, it may serve notice on
an owner, occupier, owners corporations or managing agent to
provide details of the circumstances of the false alarm.
The person must within 14 days provide the Board with a
written explanation of the false alarm and any information
supporting that explanation, including maintenance and testing
records. New subsection (4) provides the material which the
Board is to consider in deciding whether there was a reasonable
excuse for the false alarm. If the Board is not satisfied of a
reasonable excuse, the Board may serve notice on the person
requiring that person to pay the relevant prescribed fees and
charges. That person may apply for review of the decision to
issue the notice at the Victorian Civil and Administrative
Tribunal.
Clause 82 inserts a new section 33 of the MFB Act to provide an offence
for a person to wilfully give or cause to give a false report of fire
to a unit in the metropolitan district. The penalty for an offence
against section 33 is 60 penalty units.
Clause 83 amends section 34 of the MFB Act to substitute "units" in the
place of "brigades" in section 34(1)(j) and substitutes "services"
in the place of "service" in section 34(1)(k).
Subclause (3) provides a regulation-making power to prescribe
or authorise the Board to fix certain fees and charges for
services provided by the Board. It also provides a power for the
purposes of the MFB Act and the Summary Offences Act 1966
to prescribe expenses and charges of units or brigades in relation
to attendances at fires or answering any alarm. Clause 133
makes relevant amendments to the Summary Offences Act
1966.
Clause 84 amends section 40(2) of the MFB Act to require premium
returns to include any other amounts prescribed, and exclude
amounts received or due to re-insurance and any other matter
prescribed. It also provides that statutory declarations in the
return must be made by a person who has appropriate authority
to bind the company.
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Clause 85 amends section 41(5)(c) of the MFB Act to provide that the
Board can for the purposes of the MFB Act (including in
determining the appropriate penalty under section 41) deem an
insurer to have lodged its return with effect from the date on
which the Board completes its estimation.
Clause 86 Subclause (1) amends section 42(1) of the MFB Act to specify
that relevant insurance is "insurance against fire".
Subclause (2) inserts "policy" in section 42(1)(c) to reflect that
the Board can ascertain details of any contract "or policy" of
insurance in section 42(1)(c).
Clause 87 amends section 44A of the MFB Act to substitute a new heading
to reflect that the section applies to owners and insurance
intermediaries. It also substitutes "gross premium" for
"premium". The gross premiums which are to be shown in the
return must also include any other matter prescribed, or exclude
any other matter prescribed.
Clause 88 amends section 54A(a) of the MFB Act to extend the immunity
of the Chief Officer and any member of a unit to include the
exercise of a power or discharge of a duty under section 55DA.
Clause 89 amends section 55D of the MFB Act to substitute "metropolitan
fire district" with "metropolitan district".
Clause 90 inserts new sections 55DA and 55DB into the MFB Act. New
section 55DA enables the Board to order any person (including
those with a pecuniary interest in the area) who interferes with
the provision of certain services or exercise of powers to leave
the area. The Board may direct a member of the police force to
forcibly remove that person if that person fails or refuses to
comply immediately with the order. A member of the police
force may use reasonable force to remove persons who have
been ordered to leave the area. New section 55DB allows the
Board to fix and charge fees for services provided under any
other Act or regulations.
Clause 91 amends section 55E of the MFB Act to substitute a new heading
to section 55E and also substitute "metropolitan district" in the
place of "metropolitan fire district".
Subclause (3) provides that the powers and authorities of the
Chief Officer may be exercised by the Chief Officer at a fire or
danger of a fire occurring in the country area of Victoria, where
the Country Fire Authority is not present or is unable to exercise
the powers of the Chief Officer. Relevant definitions are
provided.
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Clause 92 amends section 58 of the MFB Act to clarify that a member of a
unit or member of the police force may order a person (other
than a person acting under the direction or control of a member
of the unit) to withdraw from or refrain from entering a burning
premises or premises threatened by fire. A member of a unit or
of the police force can also order a person to withdraw from or
refrain from entering the vicinity of such premises. A person
who neglects or refuses to comply with an order provided under
subsection (1) may be forcibly removed. An order under
subsection (1)(a) may be given to a person regardless of whether
they have a pecuniary interest in the burning premises or
premises threatened by fire.
Subclause (3) substitutes section 58(3) of the MFB Act to
provide that an order under subsection (1)(b) may also be given
to a person with a pecuniary interest in the burning premises or
premises threatened by fire, but only where such a person is
interfering with the operations of the unit.
Clause 93 substitutes section 59 of the MFB Act to clarify the existing
powers of the Board in relation to the free access and use of
water, or water infrastructure, for any purpose relating to the
functions or powers of the Board.
New section 59(1) broadens the bodies from whom the Board
may access water free of charge from water supplies, or
infrastructure, to water authorities or water licensees in the
metropolitan district who manage or control such supplies or
infrastructure. It will also include free access to and use of
water from wells or tanks belonging to any person. Free access
also includes access to information regarding the location of
water supplies or infrastructure, so that the Board may quickly
and effectively respond to the threat of fire or other
emergencies.
New section 59(2) provides for duties of turncocks or similar
officers of water authorities or licensees on the occurrence of a
fire within the area under that officer's supervision. Relevant
definitions are provided.
Clause 94 amends section 61 of the MFB Act to substitute "member of the
senior operational staff" in the place of "senior member of the
operation staff" and "senior member".
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Clause 95 amends section 63(2) of the MFB Act to increase the penalty in
section 63(2) in relation to failing to keep prescribed appliances
and apparatus in certain places. The current cumulative penalty
of 2/5 of a penalty unit and a further penalty unit of 1/10 of a
penalty unit for each day the prescribed equipment is not
provided after receiving the Chief Officer's notice is increased to
60 penalty units and a further penalty of 10 penalty units.
Clause 96 amends sections 64(1) and 64(2) of the MFB Act.
Subclause (1) modernises the language used to refer to a
"municipal council" and a "municipal district" in the place of
"city, town, or borough". This is in relation to the power of
municipal councils to make local laws for certain buildings
erected in the council's district.
Subclause (2) increases the penalty in section 64(2) from 1/5 of a
penalty unit per day after the expiry of notice period under
section 64(2), to 60 penalty units and a further 10 penalty units
per day after the expiry of the notice period.
Clause 97 repeals section 65 of the MFB Act to remove the redundant
requirement that the Board provide certain information to the
Department of Human Services.
Clause 98 Subclause (1) amends section 66(1) of the MFB Act to
modernise the language used in that section.
Subclause (2) re-inserts section 66(8A) and 66(8B) of the MFB
Act to treat certain persons as uninsured for the purpose of
charging for the reasonable costs and expenses of attending at a
fire. An insurance policy-holder is treated as uninsured where
his or her relevant policy includes an excess of $10,000 or more,
and whose insured property is damaged or destroyed by fire, and
the value of that damage is greater than $10,000 but less than the
value of the excess. Section (9B) enables the Board to engage a
person to assess the value of the damage or destruction in the
event of a dispute as to value.
Subclause (3) inserts "policy" in section 66(9)(b) in relation to
the definition of uninsured, which includes not insured against
fire under a relevant contract "or policy" of insurance.
Clause 99 amends section 70(3) of the MFB Act to increase the penalty in
section 70(3) from five penalty units to 60 penalty units.
Section 70(3) provides an offence to fail to comply with requests
for information or wilfully give false or incorrect information in
a statutory declaration, in relation to insurance policies of
property owners.
19
Clause 100 amends section 71(3) of the MFB Act to substitute "Chief
Officer" in the place of "Officer".
Clause 101 amends section 72 of the MFB Act to substitute a new heading
to section 72. It also amends section 72(2) to refer to the
"outstanding payment" in relation to fire prevention work
performed by the Board.
Subclause (3) substitutes "member of the senior operational
staff" in the place of "senior member of the operation staff".
Clause 102 inserts new section 72A into the MFB Act to require any officer
or member of an interstate or international fire brigade to place
himself or herself and any of his or her equipment or gear at the
disposal of the Chief Officer or member of the senior
operational staff in charge at the fire scene. Equipment or gear
would include any equipment intended to assist in prevention,
response or recovery activities. Where an interstate or
international brigade only sends equipment or resources to
Victoria for the purpose of endeavouring to prevent or suppress
a fire or to protect life or property, such equipment or resources
is subject to the Chief Officer's control or control of the officer
in charge while the equipment or resources are in Victoria.
The new section also provides for interstate or international fire
brigades to exercise the Chief Officer's powers when the Chief
Officer or other member of the senior operational staff is not
present.
Clause 103 amends section 75 of the MFB Act to substitute a new heading
to section 75 and include reference to the President of the Board
or the Chief Executive Officer in section 75. Section 75 relates
to certain documents that may be used as evidence.
Clause 104 amends section 75A of the MFB Act to increase the penalty
under section 75A from 20 penalty units to 120 penalty units.
Section 75A makes it an offence to undertake certain activities
relating to impersonating a member of the Board or imply an
association with the Board without appropriate authority.
Clause 105 inserts new sections 75B and 75C into the MFB Act.
New section 75B creates an offence to wilfully damage or
interfere with a fire indicator panel, or reset a fire indicator panel
or similar apparatus without the consent of the Board.
The penalty for this offence is 60 penalty units.
New section 75C provides an offence to act in certain ways that
may interfere with the Board's operations, its members or certain
apparatus or property. The penalty for an offence under section
75C is 60 penalty units or 6 months imprisonment or both.
20
Clause 106 amends section 76 of the MFB Act to increase the general
penalty from 1 penalty and a further ½ of a penalty unit per day,
to 10 penalty units and a further penalty of 1 penalty unit per
day.
Clause 107 amends section 77(1) to make statute law revisions to substitute
a comma in the place of "or" and to remove an unnecessary
comma from section 77(2).
Clause 108 inserts a new section 78 into the MFB Act which enables the
Board to provide a person who conducts an alarm-monitoring
service with a written notice that requires the person to provide
the prescribed information within the period set out in the
notice. The person must comply with such a notice.
Alarm-monitoring service is defined in new subsection (3).
Clause 109 amends section 78B(2) of the MFB Act to amend the Chief
Executive Officer's powers in relation to a person charged with
an offence under section 78B(1). New section 78B(2) provides
that the Chief Officer may suspend that person from duty with
pay or transfer the person to another position on the same
conditions and entitlements.
Clause 110 amends section 78C of the MFB Act to insert a new subsection
(5) to enable the Chief Executive Officer to delegate his or her
duty to hear a charge to a suitably qualified person. Such a
person may include a person with operational fire fighting
experience, a legal practitioner or other person, whether or not
that person is an employee of the Board.
Clause 111 amends section 78D(1)(d) of the MFB Act to remove the Chief
Executive Officer's option to suspend a member with pay after
the Chief Executive Officer is satisfied that an offence has been
committed.
Clause 112 amends section 79F(1) of the MFB Act to provide that
resignations from the Commission take effect on the date
specified in the letter or, if a date is not specified, on the date
that the letter is received by the Minister.
Clause 113 amends section 81(2) of the MFB Act to modernise the
language.
Clause 114 amends section 82 of the MFB Act to modernise the language.
21
Clause 115 amends section 91 of the MFB Act to increase the penalty under
section 91 from 50 penalty units or imprisonment for 12 months
to 120 penalty units or imprisonment for 12 months. Section 91
requires a person on whom a fire prevention notice has been
served to comply with the notice.
Clause 116 amends section 92(1) of the MFB Act to increase the penalty
in section 92(1) from two penalty units to 10 penalty units.
Section 92(1) applies to a fire prevention infringement notice
served for an offence against section 91.
Clause 117 amends section 93(1) of the MFB Act to provide for the Chief
Officer to serve a fire prevention notice where the relevant fire
prevention officer refuses or fails to comply with the Chief
Officer's request to serve a fire prevention notice.
PART 5--AMENDMENT OF VICTORIA STATE
EMERGENCY SERVICE ACT 2005
Clause 118 amends section 3 of the Victoria State Emergency Service Act
2005 (VICSES Act) to amend existing definitions and insert
new definitions. It also repeals the definition of DISPLAN.
Relevant definitions include authorised activity which includes
activities relating to participation in community events,
demonstrations of the unit's capabilities, equipment or
membership, or collection and receipt of donations.
Clause 119 amends section 5(1)(a)(i) of the VICSES Act to provide that the
Authority's function is to offer assistance to municipal councils
in relation to their emergency management duties.
Clause 120 substitutes section 23 of the VICSES Act to provide for the
delegation powers of the Authority. Delegations to unit
controllers must be made in accordance with the regulations.
Clause 121 substitutes section 26 of the VICSES Act to provide for the
delegation powers of the Chief Executive Officer.
Delegations to unit controllers must be made in accordance
with the regulations.
Clause 122 substitutes section 31 of the VICSES Act to provide for the
delegation powers of the Director of Operations. Delegations to
unit controllers must be made in accordance with the
regulations.
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Clause 123 substitutes section 34 of the VICSES Act to provide for the
Board to register units of the Service. Applications may be
made to the Board by the Director of Operations, a municipal
council or principal municipal council under the Emergency
Management Act 1986. The Director of Operations can make
a recommendation to the Board in relation to an application
made by a municipal council or principal municipal council.
The decision to approve or refuse an application to register a
unit is to be made by the Board after considering any
recommendations made by the Director of Operations.
New subsection (5) provides that the Board can cancel the
registration of a unit or amalgamate registered units on the
recommendation of the Director of Operations.
Clause 124 amends section 39 of the VICSES Act to substitute "State
emergency response plan" in the place of "DISPLAN".
Clause 125 amends section 47 of the VICSES Act to insert the "ACCS"
(Accident Compensation Conciliation Service) and "medical
panels" into the compensation provisions in section 47.
ACCS and medical panels are defined in new section 47(12).
Clause 126 amends section 55 of the VICSES Act to provide regulation
making powers, including the power to make regulations with
respect to the administration and management of the Authority
or units and undertaking activities to promote membership.
Subclause (4) provides for the maximum amount for prescribed
penalties under section 55 to be 20 penalty units.
PART 6--AMENDMENT OF OTHER LEGISLATION
Clause 127 amends section 3(1) of the Building Act 1993 to amend the
definition of Chief Officer.
Clause 128 amends section 188 of the Building Act 1993 to substitute a
reference to "chief officer" following the amendment to the
definition in section 3(1) of the Building Act 1993.
Clause 129 amends section 261(1)(t)(ii) of the Building Act 1993 to
substitute "Metropolitan Fire and Emergency Services Board"
in the place of "Metropolitan Fire Brigades Board".
Clause 130 amends section 54 of the Juries Act 2000 to define the ACCS
(Accident Compensation Conciliation Service), medical panels
and Authority under the Accident Compensation Act 1985.
Clause 131 amends section 55 of the Juries Act 2000 to insert "ACCS",
"medical panels" and "Authority" in relation to compensation
for jurors under that section.
23
Clause 132 Subclause (1) amends section 11 of the Summary Offences Act
1966 to increase the penalty in section 11(1) from 25 penalty
units to 120 penalty units. Section 11(1) provides an offence to
do certain acts in relation to fires in the open air.
Subclause (2) inserts a new section to allow the court to order a
person convicted under section 11 to pay the Metropolitan Fire
and Emergency Services Board or Country Fire Authority an
amount as compensation for expenses and charges incurred in
responding to the fire. The amount the court can order may be
the amount prescribed under the Metropolitan Fire Brigades
Act 1958 or Country Fire Authority Act 1958, or less if the
court thinks it fit to do so.
Clause 133 Subclause (1) amends the penalty in section 12(1) of the
Summary Offences Act 1966. Section 12(1) provides an
offence for a person to wilfully give or cause to be given a false
alarm of fire to any Country Fire Authority brigade or
Metropolitan Fire and Emergency Services Board unit.
The current penalty is 10 penalty units or imprisonment for three
months for a first offence or imprisonment for three months for
a second or subsequent offence. Clause 133 increases this
penalty to 60 penalty units or imprisonment for six months or
both.
Subclause (2) changes a reference to the Metropolitan Fire and
Emergency Services Board.
Clause 134 inserts a new section 51A in the Summary Offences Act 1966.
New section 51A provides an offence to assault, resist or delay
the Chief Officers of the Country Fire Authority or Metropolitan
Fire and Emergency Services Board or any other person in the
exercise of any power or discharge of any duty conferred by the
Country Fire Authority Act 1958 or Metropolitan Fire
Brigades Act 1958. The penalty for this offence is 60 penalty
units or imprisonment for 6 months.
PART 7--REPEAL
Clause 135 provides that the Emergency Services Legislation Amendment
Act 2007 is repealed on 1 January 2009. As suggested by the
Scrutiny of Acts and Regulations Committee, all amending Acts
now contain an automatic repeal provision, which will save the
time and expense of having to repeal amending Acts in statute
law revision Bills. The repeal of this Act does not affect in
any way the operation of the amendments made by this Act
(see section 15(1) of the Interpretation of Legislation Act
1984).
24