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Emergency Services Legislation
Amendment Bill 2011
Introduction Print
EXPLANATORY MEMORANDUM
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 Metropolitan Fire Brigades Act
1958, the Victoria State Emergency Service Act 2005, the
Emergency Management Act 1986, the Emergency Services
Telecommunications Authority Act 2004, the Forests Act
1958 and the Summary Offences Act 1966 to reflect current
arrangements, make technical and consequential amendments,
increase certain penalty provisions and modernise outdated
provisions.
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 December
2012, it comes into operation on that day.
PART 2--AMENDMENT OF COUNTRY FIRE AUTHORITY
ACT 1958
Clause 3 amends section 3 of the Country Fire Authority Act 1958
(CFA Act) to amend the definitions of administrative unit,
apparatus, brigade, Chief Officer, country area of Victoria,
Deputy Chief Officer, fire and owner and repeals the
definitions of metropolitan fire district, rural brigade, rural
district, urban brigade and urban district. Clause 3 inserts
definitions of Department, group of brigades, international
571113 1 BILL LA INTRODUCTION 6/12/2011
fire brigade, interstate fire brigade, metropolitan district,
municipal fire prevention officer 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 to replace "summer
period" with "fire danger period" as the fire danger period does
not directly align with the summer period.
Subclause (2) amends the reference to the "Department of
Natural Resources and Environment" to the correct
"Department of Sustainability and Environment". In 2002, the
Department of Natural Resources and Environment was divided
into the Department of Primary Industries and the Department
of Sustainability and Environment.
Clause 5 amends section 7 of the CFA Act to remove the distinction
between rural and urban brigades to reflect the CFA's current
approach to brigade administration based on brigade risk
profile, and clarify that there will two members on the Board of
the CFA who are volunteer members of brigades predominantly
serving rural communities, and two who are volunteer members
of brigades predominantly serving urban communities.
Clause 6 amends section 11A(3)(a) of the CFA Act to clarify the
declaration required regarding a direct or indirect pecuniary
conflict of interest.
Clause 7 amends section 13 of the CFA Act by adding "or" to section 13
to clarify that the Authority may make payments to insure the
chairman, deputy chairman or other members of the Authority
against accidents occurring while travelling to or from or in
attendance at the scene of any fire as well as for any purpose
relating to the administration of the CFA Act.
Clause 8 inserts a new section 20AAA in the CFA Act to require the
CFA to assist in the response to any major emergency occurring
within Victoria, in addition to their hazard-specific
responsibilities. This is the first step towards achieving a
genuine "all-hazards, all-agencies" approach to emergency
response. Clause 8 further inserts a definition of major
emergency, which includes a major fire.
2
Clause 9 amends section 20AA of the CFA Act to limit the requirement
for Ministerial consent for agreements for goods and services to
contracts for goods or services provided outside the general
duties and functions of the Authority. The current requirement
for written consent from the Minister before the Authority can
enter into any agreements for the provision of goods or services
by the Authority is impractical and unnecessarily restrictive.
Clause 10 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 10 extends the scope of equipment
to also include equipment designed to detect a fire or other
emergency and transmit a signal of that detection. There has
been significant growth in the number of premises being
monitored by private security companies and owners or
occupiers that locally monitor their fire alarm system.
These types of systems do not send signals automatically to the
triple zero dispatch system but rely on the company or owner or
occupier placing a call to triple zero.
New section 20B of the CFA Act provides that the Authority
may recover fees for attendances at false alarms of fire from
owners corporations. This takes into account changes to the
way many properties are now run where the property owner
hires an owners corporation to manage the property. Expanding
the provision to owners corporations would only relate to
alarms within their control, such as those in common areas and
not those in private apartments in multi-tenanted buildings.
The new section provides that where the Authority seeks to
recover costs for its attendance, it may serve a notice on an
owner, occupier or owners corporations to provide details of the
circumstances of the false alarm. The person may 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 (5)
sets out the information which the Authority is to consider in
deciding whether there was a reasonable excuse for the false
alarm. If the Authority is not satisfied there was a reasonable
excuse for the false alarm of fire, the Authority may serve a
notice on the person requiring that person to pay the relevant
prescribed fees and charges. That person may apply for review
3
of the decision to issue the notice at the Victorian Civil and
Administrative Tribunal.
Clause 11 amends section 22 of the CFA Act to remove the distinction
between rural and urban brigades to reflect the CFA's current
approach to brigade administration.
Clause 12 amends section 23 of the CFA Act to remove the distinction
between rural and urban brigades and districts to reflect the
CFA's current approach to brigade administration and revised
service delivery model.
Subclause (4) repeals section 23(2) of the CFA Act, which
provides that the Authority shall register one brigade for each
urban district and any number of brigades as the Authority
thinks fit in respect of each rural district, as the urban/rural
distinction is no longer relevant.
Clause 13 amends section 23AA(3) of the CFA Act to specify a timeframe
within which a relevant owner must comply with a requirement
of the Authority made under section 23AA(2) to form an
industry brigade, apply to the Authority for the registration of
an industry brigade and provide the industry brigade with
officers, members and apparatus as determined by the
Authority.
Clause 14 amends section 23A of the CFA Act to substitute fire
"suppression" for "extinction" in section 23A(1) to provide for
consistent terminology in the CFA Act.
Clause 15 amends section 27 of the CFA Act to clarify that the Chief
Officer may classify brigades according to risk and may
designate a brigade's area of operation. This will ensure that
brigades remain under the order and control of the Chief Officer
in line with CFA's revised service delivery model, which
removes the distinction between rural and urban brigades.
Clause 16 amends section 30(1) of the CFA Act to remove the distinction
between rural and urban districts to reflect the CFA's revised
service delivery model.
Subclause (2) amends sections 30(1)(f) and (g) of the CFA Act
to amend the Chief Officer's power to close certain roads and
direct traffic on those roads. It provides that the Chief Officer
may also close roads which are affected or likely to be affected
4
by fire or smoke from a fire and may direct traffic on roads in
the vicinity. Roads affected by fire or smoke may include roads
not within the immediate vicinity of the fire, but which lead
directly to such roads.
The Chief Officer will also be able to order a person to
withdraw and direct any person to immediately leave the area
by the safest and shortest route, if the person is interfering or is
in or on any land, building or premises that is burning or is
threatened by fire. The "safest and shortest route" may be
determined by the Chief Officer or the person subject to the
direction, as the case may be.
In the event that the person fails or refuses to withdraw, the
Chief Officer may remove the person or direct a member of a
fire brigade or the police force present at the fire to remove the
person.
Section 31(4) of the CFA Act provides that the power of the
Chief Officer, member of a fire brigade or member of the police
force under section 30 of the CFA Act to remove a person who
fails or refuses to withdraw on being ordered to do so does not
apply where the person has a pecuniary interest in any good or
valuables on the land, building or premises that is burning or
threatened by fire. Section 41(4) is not affected by the Bill.
Clause 17 amends section 30A of the CFA Act by replacing the reference
to the Department of Sustainability and Environment (DSE) in
section 30A(1)(c) with "Department". A definition of
Department is provided by clause 3.
Subclause (2) amends section 30A of the CFA Act to enable
persons engaged by the Secretary to DSE under section 62C of
the Forests Act 1958 to exercise the powers of the CFA Chief
Officer when directed to do so by the CFA, or if the person
believes there is an imminent risk of fire occurring or a fire is
burning in the country area of Victoria and the CFA is not
present at the scene. Section 62C of the Forests Act 1958
provides that the Secretary to DSE may enter into agreements
or arrangements relating to the prevention and suppression of
fire. This applies to agreements entered into with interstate and
international firefighting personnel and DSE's Networked
Emergency Organisation partners, including the Department of
Planning and Community Development, Parks Victoria, the
5
Department of Primary Industries, VicForests and Melbourne
Water.
Clause 18 amends section 31(3)(b) of the CFA Act to modernise the
structure of the provision and clarify that the power of any
member of the police force to order a person to withdraw may
include directing the person to immediately leave the area by
the safest and shortest route.
Subclause (2) amends an incorrect cross-reference in
section 31(4) of the CFA Act by replacing "the last preceding
section" with the correct "section 30". Section 31(4) provides
that the powers of the Chief Officer, member of a fire brigade
or member of the police force under section 31 of the CFA Act
to remove a person who fails or refuses to withdraw on being
ordered to do so does not apply where the person has a
pecuniary interest in any good or valuables on the land,
building or premises that is burning or threatened by fire.
Section 31(4) is not affected by the Bill.
Clause 19 amends the title to section 32 of the CFA Act to refer to "water,
electricity and gas suppliers" and replaces the reference to "any
urban district" with "the country area of Victoria" to reflect the
CFA's revised service delivery model.
Clause 20 updates section 33 of the CFA Act to replace "metropolitan fire
district" with "metropolitan district" to reflect the correct
reference in the Metropolitan Fire Brigades Act 1958 and
substitutes "Metropolitan Fire and Emergency Services Board"
in place of "Metropolitan Fire Brigade". The Metropolitan Fire
Brigade was reconstituted as the Metropolitan Fire and
Emergency Services Board in 1997.
Subclause (3) amends section 33(2)(b) of the CFA Act to
substitute all references to "forest officer" with "person to
whom section 30A applies" to enable forest officers, persons
employed by Parks Victoria or DSE and persons engaged by the
Secretary to DSE under section 62C of the Forests Act 1958 to
exercise the powers of the CFA Chief Officer if there is a
danger of fire occurring or a fire is burning or has been recently
extinguished in certain parts of Victoria.
6
Clause 21 Subclause (1) amends section 34(1)(a) to substitute
"reasonable" for "possible" to incorporate an element of
reasonableness into the provision so that the owner, occupier or
person in charge of land where a fire is burning during a fire
danger period must immediately upon being aware of the fire,
take all reasonable steps to extinguish the fire.
Subclause (2) amends section 34(1)(b) of the CFA Act to
substitute the reference to "forest officer" with "person to whom
section 30A applies" to include forest officers, persons
employed by Parks Victoria or DSE and persons engaged by the
Secretary to DSE under section 62C of the Forests Act 1958 as
persons that the owner, occupier or person in charge of land
where a fire is burning during a fire danger period can inform if
it appears that he or she would be unable to extinguish the fire.
Subclause (3) modernises the structure of section 34(1) of the
CFA Act by inserting a separate penalty of 120 penalty units for
failing to take reasonable steps to extinguish a fire that is
burning during a fire danger period, and failing to inform
certain persons if it appears that he or she will be unable to
extinguish the fire.
Subclause (4) amends section 34(2) of the CFA Act to
substitute "reasonable" for "possible" to incorporate an element
of reasonableness into the provision so that the owner, occupier
or person in charge of land where a fire is burning during a fire
danger period must continue to take all reasonable steps to
extinguish the fire notwithstanding that the person has informed
certain persons about the existence and location of the fire.
Subclause (5) increases the penalty for failing to continue to
take all reasonable steps to extinguish the fire notwithstanding
that the person has informed certain persons about the existence
and location of the fire from 50 penalty units or imprisonment
for 12 months or both to 120 penalty units or imprisonment for
12 months or both.
Clause 22 inserts new section 36A in the CFA Act to provide that the
Authority and DSE Secretary may jointly determine sole
responsibility for fire prevention in any part of Victoria, which
lies outside the metropolitan district. New section 36A is
similar to section 33 of the CFA Act, which provides for the
determination of sole responsibility for fire suppression. This is
7
intended to improve interoperability in certain areas, such as
alpine resorts, between CFA and other entities that carry out
fire prevention activities.
Clause 23 amends section 37 of the CFA Act to increase the penalty for
lighting fires in the open air during a fire danger period from
50 penalty units or imprisonment for 12 months or both to
120 penalty units or imprisonment for 12 months or both.
Clause 24 inserts new section 37A in the CFA Act to provide the Chief
Officer with the power to direct that a fire not be lit for the
purpose of protecting life, property or the environment.
Clause 25 inserts new section 38(2A) in the CFA Act to clarify that fire
prevention officers may issue permits allowing certain fires for
a defined period of time (for example, six months) and not only
instance by instance. This would allow "permits to burn" to be
issued for specified periods to allow prescribed burning to be
undertaken whenever appropriate conditions occur.
Subclause (2) amends section 38(3) of the CFA Act to increase
the penalty for failing to comply with conditions and
restrictions contained in a permit allowing certain fires from
20 penalty units or imprisonment for 12 months or both to
120 penalty units or imprisonment for 12 months or both.
Clause 26 Subclause (1) repeals section 38A(1)(a)(iii) of the CFA Act to
remove the requirement that a fire not be within 7.5 metres of
any log or stump. This aligns with comparable requirements in
the Forests (Fire Protection) Regulations 2004 and will ensure
consistency for the community regarding the requirements for
fires lit for meal preparation or personal comfort, irrespective of
whether they are in the country area of Victoria or on Crown
land.
Subclause (2) amends section 38A(1)(b)(iii) of the CFA Act to
clarify that the ground and air space within a distance of three
metres from the outer perimeters of the incinerator must be
clear of flammable material when burning refuse during the fire
danger period.
Subclause (3) amends section 38A(1)(c) of the CFA Act to
extend the list of activities for lawful fires during a fire danger
period to include relocating bees and rail maintenance
activities.
8
Subclause (4) amends section 38A(1A) of the CFA Act, which
currently defines properly constructed fireplace, to insert a
definition of incinerator for the purposes of subsection (1)
relating to lawful fires during the fire danger period.
Clause 27 Subclause (1) amends section 39(a)(i) of the CFA Act to specify
that the person in charge of a fire lit in open air during a fire
danger period should have the capacity and means to extinguish
the fire to ensure consistency with the requirements in the
Forests (Fire Protection) Regulations 2004.
Subclause (2) amends section 39(d) of the CFA Act to limit the
section to apply only when a person finds an unattended fire
burning, and substitutes the reference to "forest officer" with
"person to whom section 30A applies" to enable forest officers,
persons employed by Parks Victoria or DSE and persons
engaged by the Secretary to DSE under section 62C of the
Forests Act 1958 to be informed of the existence and locality
of a fire that is burning unattended during a fire danger period.
Subclause (3) amends section 39 of the CFA Act to increase the
penalty for prohibited actions near fires during a fire danger
period from 50 penalty units or imprisonment for no more than
12 months or both to 120 penalty units or imprisonment for
12 months or both.
Clause 28 increases the penalty for in section 39E(1) of the CFA Act from
50 penalty units or imprisonment for no more than 12 months
or both to 120 penalty units or imprisonment for 12 months or
both. Section 39E prohibits high fire risk activities in the open
air in the country area of Victoria during a declared fire danger
period.
Clause 29 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 during a total fire ban, from 100 penalty units or
imprisonment for two years or both, to 240 penalty units or
imprisonment for two years or both.
9
Subclause (2) repeals sections 40(4A) and (4B) of the CFA Act
to remove the sections relating to the use of a domestic
appliance near a dwelling and removes the definitions of
domestic appliance and dwelling, as the following sections
clarifying the use of a fixed appliance for meal preparation and
the proximity to a dwelling is irrelevant.
Subclause (3) amends section 40(4C) of the CFA Act to specify
that an adult supervising a fire in a fixed appliance should have
the capacity and the means to extinguish the fire. This is
consistent with the requirements in the Forests (Fire Protection)
Regulations 2004.
Subclause (4) amends the definition of fixed appliance in
section 40(4D) of the CFA Act to reflect the wider variety of
products available on the market for meal preparation using
fire, as the definition based on construction material has failed
to keep pace with evolving products in the market place, for
example, mobile and home-installed pizza ovens, spits and
barbeques.
Subclause (5) amends section 40(4F) of the CFA Act to allow
community organisations, charitable organisations or
organisations involved in fund raising to benefit from the
exception outlined in section 40(4E) of the CFA Act allowing
the lighting of a fire during a total fire ban for the purposes of
meal preparation in the course of business even if they are not
registered charitable organisations.
Subclause (6) amends the foot of section 40(4F) of the CFA Act
to clarify that the reference in section 40(4F) to organisations
involved in fund raising includes schools or sporting groups.
Subclause (7) amends section 40(5) of the CFA Act to reflect
the amendment made by subclause (5) to allow persons to light
a fire when a declaration of total fire ban applies for the
purposes of carrying on the work of "a community organisation,
a charitable organisation or an organisation involved in fund
raising", for the purpose of public entertainment and for
religious or cultural purposes, such as aboriginal smoking
ceremonies or Maori "hangi", for which a fire is necessary.
10
Subclause (8) amends section 40(5)(a) of the CFA Act to
substitute the correct references to the "metropolitan district"
and the "Chief Officer of the Metropolitan Fire and Emergency
Services".
Subclause (9) amends section 40(5)(c) of the CFA Act to
provide for the relevant Department to be the Department of
Sustainability and Environment through the definition of
Department in section 3 of the CFA Act. In 2002, the
Department of Natural Resources and Environment was divided
into the Department of Primary Industries and the Department
of Sustainability and Environment.
Subclause (10) inserts a new section 40(5A) in the CFA Act to
clarify the purposes for which a person may light a fire when a
declaration of total fire ban applies and to replace the reference
to "community charitable organisation" with "a community
organisation, a charitable organisation or an organisation
involved in fund raising".
Subclause (11) amends section 40(9) of the CFA Act to
modernise the structure of the offence and increase the penalty
for failing to comply with the conditions of a permit to light a
fire when a declaration of total fire ban applies from
100 penalty units or imprisonment for two years or both to
240 penalty units or imprisonment for two years or both.
Subclause (12) amends section 40(10)(a) of the CFA Act to
clarify that the provisions relating to total fire bans do not
prevent a fire being lit or being allowed to remain alight by any
brigade or statutory corporation having responsibility for the
prevention, as well as suppression, of fire where the fire has
been lit for that purpose.
Clause 30 amends section 41(3)(d) of the CFA Act to clarify that a fire
prevention notice must contain any other information
prescribed in the regulations. The form of a fire prevention
notice is already prescribed in the regulations. Therefore, it is
uncertain what is intended by the current requirement in the
CFA Act for a fire prevention notice to comply with the
regulations. Clause 30 rectifies this ambiguity.
11
Clause 31 amends section 41B of the CFA Act to insert a requirement that
an objection to a fire prevention notice must be in writing and
must be on grounds that the fire prevention officer considers
reasonable before the fire prevention officer must make a
genuine attempt to resolve the matter by consultation.
Clause 32 amends section 41D of the CFA Act to increase the penalty for
failing to comply with a fire prevention notice from 50 penalty
units or imprisonment for 12 months to 120 penalty units or
imprisonment for 12 months.
Clause 33 amends section 41E(1) of the CFA Act to insert an element of
reasonableness to clarify that an authorised officer may serve a
fire prevention infringement notice on a person the officer has
reason to believe has failed to comply with a fire prevention
notice.
Subclause (2) increases the infringement penalty for failing to
comply with a fire prevention notice from two penalty units to
10 penalty units.
Clause 34 repeals section 44 of the CFA Act as the requirement for "every
officer in charge of a fire control region" to undertake regular
inspections within his or her region and report whether the
provisions of the CFA Act are being properly and efficiently
carried out and administered has been in the CFA Act since
1945 and duplicates other investigative, monitoring and
reporting functions undertaken by CFA to the CFA Board and
Government. This is an inefficient use of CFA resources.
Clause 35 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 if there is a fire or a threat of
fire anywhere within the country area of Victoria. The clause
provides that the Chief Officer may close roads which are
affected or likely to be affected by fire or smoke from a fire and
may direct traffic on roads in the vicinity of the closed road if in
his or her opinion smoke from a fire impairs visibility on any
road to such an extent that the safety of any persons using the
road is endangered. Roads affected by fire or smoke may
include roads not within the immediate vicinity of the fire, but
which lead directly to such roads.
12
Subclause (2) substitutes the reference to "forest officer" in
section 44A(2) of the CFA Act with "person to whom
section 30A applies" to enable forest officers, persons
employed by Parks Victoria or DSE and persons engaged by the
Secretary to DSE under section 62C of the Forests Act 1958
present at the scene of a fire to exercise the powers of the Chief
Officer to close roads and direct traffic in certain circumstances.
Clause 36 amends section 45(1) of the CFA Act to remove the references
to rural and urban districts to reflect the CFA's revised service
delivery model.
Clause 37 Section 48(2) of the CFA Act currently makes it an offence to
purport to carry out certain directions by an authorised officer
to extinguish a fire but to do so in a way that does not
extinguish the fire or remove the fire risk. Thus, it is possible
that if a direction is to take particular steps, an offence occurs
even if those steps are taken. Subclause (1) clarifies the mental
element of the offence in section 48(2) so that the offence is
reduced to one of not complying with a direction to extinguish a
fire or take steps to extinguish the fire or to prevent the fire
from spreading or causing injury, with a penalty of 120 penalty
units or imprisonment for 12 months or both.
Subclause (2) repeals section 48(3) of the CFA Act to remove
the reverse onus of proof so the accused does not have to satisfy
the court that he or she acted reasonably.
Clause 38 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 by-products of
sawmilling operations by burning without complying with the
regulations.
Clause 39 inserts a new section 50AA 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 period set out
in the notice. The fire services can more efficiently service the
community when promptly advised of certain matters, such as
notifications regarding the frequency or duration of
disconnections of fire alarms from the computer-aided dispatch
system. Alarm monitoring service is defined in clause 39.
13
Clause 40 amends section 52(1) of the CFA Act to remove the reference to
urban districts to reflect the CFA's revised service delivery
model and enable the Authority to appoint a regional fire
prevention committee for each region.
Clause 41 amends section 54(2)(b) of the CFA Act to remove the
distinction between rural and urban brigades to reflect the
CFA's current approach to brigade administration.
Clause 42 makes a statute law revision to section 55A(2)(cb) of the CFA
Act to substitute "designate" with the correct grammatical form
of "designating".
Clause 43 Subclause (a) amends section 62 of the CFA Act to exclude
members of industry brigades from the definition of casual
fire-fighter to enable the compensation regime for members of
industry brigades be the same as that for CFA volunteers rather
than casual firefighters. This is provided for in clause 58.
Subclause (b)(i) amends the definition of officer in charge to
substitute the reference to "forest officer" with "person to whom
section 30A applies" so that forest officers, persons employed
by Parks Victoria or DSE and persons engaged by the Secretary
to DSE under section 62C of the Forests Act 1958 are deemed
to be officers in charge for the purposes of Part V of the CFA
Act relating to compensation of casual firefighters and
volunteer auxiliary workers.
Subclause (b)(ii) amends the definition of officer in charge to
substitute "metropolitan fire brigade" with the correct reference
to the "Metropolitan Fire and Emergency Services Board".
Clause 44 amends section 74E of the CFA Act to substitute "as are" for
"from time to time" to clarify that a Commissioner of the
Country Fire Authority Appeals Commission is entitled to
remuneration and allowances as are fixed by the Governor in
Council.
Clause 45 amends section 74G(1) of the CFA Act to clarify that a
resignation by a Commissioner of the Country Fire Authority
Appeals Commission 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 for Police and Emergency Services.
14
Clause 46 inserts new section 87AA in the CFA Act to clarify that the
Authority may charge for services provided under any other Act
or regulations made under any other Act.
Clause 47 amends section 91(3) of the CFA Act to modernise the structure
of the offences of failing to comply with a request for
information and of knowingly providing false information in
relation to a person's insurance. Clause 47 increases the penalty
for the offences from 5 to 60 penalty units.
Clause 48 extends the immunity provision in section 92 of the CFA Act to
any officer or member of an international fire brigade as
defined so they are not personally liable for any thing done or
omitted to be done in good faith in the exercise of a power or
the discharge of a duty under the CFA Act or Regulations
Clause 49 extends section 93 of the CFA Act to apply to damage to
property caused by any officer or member of any international
fire brigade as defined in the exercise of any powers or the
performance of any duties under the CFA Act so that the
damage is taken to be damage by fire for insurance purposes.
Clause 49 also extends section 93A of the CFA Act to apply to
international fire brigades, thereby requiring 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 other officer or member in
charge at the fire scene. Where an interstate or international
brigade only sends equipment or resources to the country area
of Victoria for the purpose of endeavouring to prevent or
suppress a fire or to protect life or property, such equipment or
resources are subject to the CFA Chief Officer's control or
control of the officer in charge while the equipment or
resources are in the country area of Victoria. The amended
section also provides for interstate or international fire brigades
to exercise the Chief Officer's powers when the Chief Officer or
other CFA officer or member is not present.
Clause 50 amends section 98 of the CFA Act to substitute "Chief Officer"
for "Officer".
15
Clause 51 amends section 102 of the CFA Act to modernise the structure
of the provision and increase the penalty for the offences
relating to unauthorised collections for brigades and failure to
comply with any conditions of an authorisation from five
penalty units to 10 penalty units.
Clause 52 removes the redundant section 103A(2) of the CFA Act as the
obligation of Lloyd's to provide the Minister with a certified
copy of the Australian Fire Brigades Charges Scheme has been
discharged and subsection (2) is therefore no longer necessary.
Clause 53 inserts new section 106A into the CFA Act, which creates the
offences of damaging or interfering with a fire indicator panel,
or resetting a fire indicator panel or similar apparatus without
the consent of the Board or reasonable excuse. The penalty for
these offences is 60 penalty units.
Clause 54 modernises the structure of section 107 of the CFA Act and
extends the offences of acting in certain ways that may obstruct,
hinder or interfere with the Board's operations, its members or
certain apparatus or property to include damage or interference
with officers or members of interstate and international fire
brigades or their apparatus or other property. Clause 54
increases the penalty for the offences under section 107 from
10 to 60 penalty units.
Clause 55 amends section 107A of the CFA Act to modernise the structure
of the offence provision and increase the penalties under
section 107A from 20 to 60 penalty units. Section 107A makes
it an offence to undertake certain activities relating to
impersonating an officer, volunteer or member of the CFA or
imply an association with the CFA without appropriate
authority.
Clause 56 inserts a new section 107B in the CFA Act to create an offence
for a person to knowingly give or cause to be given a false
report of fire to a brigade in the country area of Victoria.
The penalty for an offence against section 107B is 60 penalty
units.
16
Clause 57 repeals section 109 of the CFA Act, which provides a penalty of
1 penalty unit and a further penalty of ½ penalty unit for each
day the offence continues where a person fails to comply with
any provision of the CFA Act and no penalty is specifically
provided. Such provisions create uncertainty for individuals in
relation to their obligations. Offences should be clearly
specified individually with appropriate penalties attached.
Further, penalties that accumulate daily are no longer the
preferred approach.
Clause 58 Subclause (1) amends section 110(1)(g)(ii) of the CFA Act to
extend the application of the regulation-making power
regarding the establishment of a compensation scheme to
members of industry brigades.
Subclause (2) amends section 110(1)(la) of the CFA Act to
clarify that the regulations may provide for the adoption of
brigade constitutions (in addition to the existing power to
provide for matters to be included in brigade constitutions).
Subclause (3) inserts new section 110(1)(ub) in the CFA Act to
enable the Governor in Council to make regulations prescribing
the information that an alarm monitoring service must provide
to the CFA.
Subclause (4) amends section 110(1)(v) of the CFA Act to
remove the reference to urban districts to reflect the CFA's
revised service delivery model.
Subclause (5) amends section 110(1)(w) of the CFA Act to
allow the CFA to prescribe fees and charges for attendance at
any fire, answering any alarm or responding to any report of a
fire, and removes the provision regarding prescribing expenses
and charges for the purpose of the Summary Offences Act
1966, as a consequence of the proposed amendment by
clause 117.
Subclause (6) amends section 110(1)(wa) of the CFA Act to
allow the CFA to prescribe fees and charges for services
provided by the CFA under any Act or regulations.
Subclause (7) repeals section 110(1)(wc) of the CFA Act,
which allows the CFA to prescribe fees and charges for services
provided under the CFA Act. This is being incorporated into
new section 110(1)(wa) of the CFA Act.
17
Subclause (8) amends section 110(1)(zc) of the CFA Act to
increase the penalty of 10 penalty units to 20 penalty units to
reflect the current maximum penalty units for offences against
regulations.
PART 3--AMENDMENT OF METROPOLITAN FIRE
BRIGADES ACT 1958
Clause 59 substitutes "metropolitan district" in place of "metropolitan fire
district" in section 2(a) of the Metropolitan Fire Brigades Act
1958 (MFB Act) to ensure consistent use of the phrase
throughout the MFB Act.
Clause 60 amends the definitions of emergency, fire, metropolitan
district, owner and unit and inserts new definitions of
Emergency Services Telecommunications Authority,
international fire brigade, interstate fire brigade and owners
corporation.
Clause 61 amends section 6(2)(b) of the MFB Act by replacing the
reference to the Metropolitan Fire and Emergency Services
Board (MFESB) having a "common seal" with "official seal" to
promote clarity and consistency across emergency services
legislation.
Clause 62 Subclauses (1) and (3) amend section 7 of the MFB Act by
substituting "metropolitan district" in place of "metropolitan
fire district" following amendments to the definitions in
section 3 of the MFB Act.
Subclause (2) amends section 7(1)(c) of the MFB Act to
provide that the functions of the Board also include any other
functions prescribed in regulations.
Clause 63 inserts a new section 7AA in the MFB Act to require the
MFESB to assist in the response to any major emergency
occurring within Victoria, in addition to their hazard-specific
responsibilities. This is the first step towards achieving a
genuine "all-hazards, all-agencies" approach to emergency
response. Clause 63 further inserts a definition of major
emergency, which includes a major fire.
18
Clause 64 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 fixed by the Governor in
Council.
Clause 65 inserts a new section 11A in the MFB Act 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 66 amends section 13 of the MFB Act to provide that a resignation
from the Board 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 for Police and Emergency Services.
Clause 67 amends section 14(1) of the MFB Act to clarify that the period
during which a person 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 68 amends section 24A of the MFB Act to remove an unnecessary
phrase in the description of the Board's power to compulsorily
acquire land.
Clause 69 amends section 24B of the MFB Act to replace the reference to
"common seal" with "official seal" to promote clarity and
consistency across emergency services legislation.
Clause 70 amends section 25A(4) of the MFB Act to limit the requirement
for Ministerial consent for agreements for good and services to
contracts for goods or services provided outside of the general
duties and functions of the Board. The current requirement for
written consent from the Minister before the Board can enter
into any agreements for the provision of goods or services by
the Board is impractical and unnecessarily restrictive.
Clause 71 amends section 26 of the MFB Act to remove the redundant
phrase "and from time to time".
Clause 72 repeals section 31(2) of the MFB Act to allow the role of the
Chief Executive Officer and Chief Officer to be undertaken by
different persons.
19
Clause 73 amends section 31A of the MFB Act to remove paragraphs (a)
and (b) to enable the Chief Officer of the MFESB to delegate
the power to issue fire prevention notices.
The Emergency Management Legislation Amendment Act
2011, which came into operation on 3 November 2011 will
implement Recommendation 54 of the 2009 Victorian
Bushfires Royal Commission Final Report by amending
section 28(1) of the CFA Act to enable the CFA Chief Officer
to delegate the power to issue fire prevention notices.
Clause 73 makes a similar amendment to the MFB Act.
The amendment to section 28(1) of the CFA Act will come into
effect on a day to be proclaimed, and if not proclaimed before
31 December 2012, will come into operation on that day.
Notwithstanding this amendment, it is intended that primary
enforcement responsibility for fire prevention notices will
remain with Council's fire prevention officers. The MFESB's
role, despite the Chief Officer's new delegation power, will
continue to be that of a "safety net" if a municipal fire
prevention officer fails or refuses to issue a fire prevention
notice following a request by the Chief Officer to do so.
Clause 74 amends section 32AA of the MFB Act by substituting
"metropolitan district" in place of "metropolitan fire district"
following amendments to the definitions in section 3 of the
MFB Act.
Clause 75 amends the heading to section 32C of the MFB Act to delete a
redundant word
Clause 76 substitutes section 32D of the MFB 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 76 extends the scope of equipment
to also include equipment designed to detect a fire or other
emergency and transmit a signal of that detection. There has
been significant growth in the number of premises being
monitored by private security companies and owners or
occupiers that locally monitor their fire alarm system.
These types of systems do not send signals automatically to the
triple zero dispatch system but rely on the company or owner or
occupier placing a call to triple zero.
20
New section 32D of the MFB Act provides that the Board may
recover fees for attendances at false alarms of fire from owners
corporations. This takes into account changes to the way many
properties are now run where the property owner hires an
owners corporation to manage the property. Expanding the
provision to owners corporations would only relate to alarms
within their control, such as those in common areas and not
those in private apartments in multi-tenanted buildings.
The new section provides that where the Board seeks to recover
costs for its attendance, it may serve a notice on an owner,
occupier or owners corporations to provide details of the
circumstances of the false alarm. The person may 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 (5)
sets out the information which the Board is to consider in
deciding whether there was a reasonable excuse for the false
alarm. If the Board is not satisfied there was a reasonable
excuse for the false alarm of fire, the Board may serve a 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 77 inserts a new section 33 of the MFB Act to create an offence for
a person to knowingly give or cause to be given 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 78 amends section 34 of the MFB Act to substitute "units" in place
of "brigades" in section 34(1)(j) and omits "fire and emergency
service" in section 34(1)(k) so that it refers only to units.
Subclause (3) amends sections 34(1)(o), (oa) and (ob) of the
MFB Act to enable the Governor in Council to make
regulations prescribing the information that an alarm
monitoring service must provide to the MFESB, to allow the
MFESB to prescribe fees and charges for services provided by
the MFESB under any Act or regulations and deletes
section 34(1)(ob) regarding prescribing expenses and charges
for the purpose of the Summary Offences Act 1966, as a
consequence of the proposed amendment by clause 117.
21
Clause 79 extends section 54 of the MFB Act to apply to damage to
property caused by any officer or member of any interstate or
international fire brigade as defined in the exercise of any
powers or the performance of any duties under the MFB Act so
that the damage is taken to be damage by fire for insurance
purposes.
Clause 80 extends the immunity provision in section 54A of the MFB Act
to any officer or member of an interstate or international fire
brigade as defined so they are not personally liable for any
thing done or omitted to be done in good faith in the exercise of
a power or the discharge of a duty under the MFB Act or
Regulations.
Clause 81 amends section 55D of the MFB Act by substituting
"metropolitan district" in the place of "metropolitan fire
district" following amendments to the definitions in section 3 of
the MFB Act.
Clause 82 amends section 55E of the MFB Act to substitute a new heading
to section 55E and substitute "metropolitan district" in place of
"metropolitan fire district".
Subclause (3) inserts new subsections (4) and (5) after
section 55E(3) of the MFB Act to provide that the powers and
authorities of the MFESB Chief Officer may be exercised by
the Chief Officer or any member in charge of any unit where a
fire is burning or where there is a danger of a fire occurring or a
fire has been recently extinguished 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.
This ensures consistency with section 33(2) of the CFA Act
which provides that, where there is a fire, or danger of fire in
the metropolitan district, the powers of the CFA Chief Officer
can be exercised by the MFESB or, if the MFESB are not
present at the scene, by the CFA.
Clause 83 amends the heading to section 60 of the MFB Act to replace
"brigades" with "units".
22
Clause 84 amends section 70(3) of the MFB Act to modernise the
structure of the offences of failing to comply with a request for
information and of knowingly providing false information in
relation to a person's insurance. Clause 84 increases the penalty
for the offences from 5 to 60 penalty units.
Clause 85 amends section 71(3) of the MFB Act to substitute "Chief
Officer" in place of "Officer".
Clause 86 amends section 72 of the MFB Act to substitute a new heading
to section 72 and amends section 72(2) to refer to the
"outstanding payment" in relation to fire prevention work
performed by the Board.
Clause 87 inserts new section 72A into the MFB Act to require any officer
or member of an interstate or international fire brigade as
defined to place himself or herself and any of his or her
equipment or gear at the disposal of the Chief Officer or senior
member of the operational staff in charge at the fire scene.
Where an interstate or international brigade only sends
equipment or resources to the metropolitan district for the
purpose of endeavouring to prevent or suppress a fire or to
protect life or property, such equipment or resources are subject
to the MFESB's Chief Officer's control or control of the officer
in charge while the equipment or resources are in the
metropolitan district. The new section also provides for
interstate or international fire brigades to exercise the Chief
Officer's powers when the Chief Officer or other senior member
of the operational staff is not present.
Clause 88 Section 75 of the MFB Act currently requires that the MFESB
President must sign all MFESB orders, directions, notices and
documents. This is a significant administrative burden on a
single person within the organisation. Clause 88 amends
section 75 to substitute a new heading and include a reference
to the Deputy President of the Board so that he or she is
empowered to sign certain documents that may be used as
evidence.
23
Clause 89 amends section 75A of the MFB Act to modernise the structure
of the offence and increase the penalties under section 75A
from 20 to 60 penalty units. Section 75A makes it an offence to
undertake certain activities relating to impersonating a member
of a unit or implying an association with the Board without
appropriate authority.
Clause 90 inserts new sections 75B and 75C into the MFB Act.
New section 75B creates the offences of damaging or
interfering with a fire indicator panel, or resetting a fire
indicator panel or similar apparatus without the consent of the
Board or reasonable excuse. The penalty for these offences is
60 penalty units.
New section 75C creates the offences of acting in certain ways
that may obstruct, hinder or interfere with the Board's
operations, its members or certain apparatus or property.
The penalty for the offences under section 75C is 60 penalty
units.
Clause 91 repeals section 76 of the MFB Act, which provides a penalty of
1 penalty unit and a further penalty of ½ penalty unit for each
day the offence continues where a person fails to comply with
any provision of the MFB Act and no penalty is specifically
provided. Such provisions create uncertainty for individuals in
relation to their obligations. Offences should be clearly
specified individually with appropriate penalties attached.
Further, penalties that accumulate daily are no longer the
preferred approach.
Clause 92 amends section 77(1) of the MFB Act 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 93 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 fire services can more efficiently service the
community when promptly advised of certain matters, such as
notifications regarding the frequency or duration of
disconnections of fire alarms from the computer-aided dispatch
system. The person must comply with such a notice. Alarm
monitoring service is defined.
24
Clause 94 amends section 79F(1) of the MFB Act to clarify that a
resignation by a Commissioner of the Metropolitan Fire and
Emergency Services Appeals Commission will take effect on
the date specified in the letter or, if a date is not specified, on
the day that the letter is received by the Minister.
Clause 95 amends section 87(3)(d) of the MFB Act to clarify that a fire
prevention notice must contain any other information
prescribed in the regulations. The form of a fire prevention
notice is already prescribed in the regulations. Therefore, it is
uncertain what is intended by the current requirement in the
MFB Act for a fire prevention notice to comply with the
regulations. Clause 95 rectifies this ambiguity.
Clause 96 amends section 89 of the MFB Act to insert a requirement that
an objection to a fire prevention notice must be in writing and
must be on grounds that the fire prevention officer considers
reasonable before the fire prevention officer must make a
genuine attempt to resolve the matter by consultation.
Clause 97 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 98 amends section 92 of the MFB Act to insert an element of
reasonableness to clarify that an authorised officer may serve a
fire prevention infringement notice on a person the officer has
reason to believe has failed to comply with a fire prevention
notice.
Subclause (2) increases the infringement penalty for failing to
comply with a fire prevention notice from two penalty units to
10 penalty units.
PART 4--AMENDMENT OF VICTORIA STATE
EMERGENCY SERVICE ACT 2005
Clause 99 inserts a new section 6A in the Victoria State Emergency
Service Act 2005 (VICSES Act) to require the Victoria State
Emergency Service (VICSES) Authority to assist in the
response to any major emergency occurring within Victoria, in
addition to their hazard-specific responsibilities. This is the
25
first step towards achieving a genuine "all-hazards, all-
agencies" approach to emergency response. Clause 99 further
inserts a definition of major emergency, which includes a major
fire.
Clause 100 amends section 7 of the VICSES Act to clarify that the powers
of the VICSES Authority include the power to carry out fund
raising and promotional activities.
Clause 101 amends section 34 of the VICSES Act to provide the VICSES
Authority, rather than the Chief Officer, Operations, with the
relevant powers to deal with the registration of VICSES units,
as it is the Authority that regulates funding for registered units
and is responsible for resourcing.
Clause 102 amends section 47 of the VICSES Act to insert the "ACCS"
(Accident Compensation Conciliation Service) and "a Medical
Panel" into the compensation provisions in section 47 to allow
VICSES members claiming compensation for injury recourse to
the ACCS and Medical Panels under the Accident
Compensation Act 1985, as an alternative to costly and
lengthy litigation in courts. ACCS and Medical Panel are
defined in new section 47(12).
Clause 103 amends section 55 of the VICSES Act to extend the Governor
in Council's regulation-making powers to include the power to
make regulations with respect to the administration and
management of units and provides for the maximum amount for
prescribed penalties for contravention of the regulations to be
20 penalty units.
PART 5--AMENDMENT OF EMERGENCY MANAGEMENT
ACT 1986
Clause 104 inserts new section 24A, in the Emergency Management Act
1986 (EM Act) which creates the offences of knowingly
making a false or misleading statement to, or knowingly
misleading or attempting to mislead, the Minister of Police
and Emergency Services or any other person, in connection
with any claim for compensation under section 24(5).
New section 24A mirrors section 38 of the EM Act, which is
being repealed by clause 110 to re-locate the offences in the
relevant Parts of the EM Act.
26
Section 24(5) of the EM Act provides that, in a state of disaster,
if the property of a person is taken or used as the Minister
considers necessary or desirable for responding to the disaster,
that person may receive such compensation as is determined by
the Minister.
Clause 105 inserts new section 33 in the EM Act, which creates the
offences of knowingly making a false or misleading statement
to, or knowingly misleading or attempting to mislead, the
Minister or any other person , in connection with any claim for
compensation under Part 6 of the EM Act. New section 33
mirrors section 38 of the EM Act, which is being repealed by
clause 110 to re-locate the offences to the relevant Parts of the
EM Act.
Part 6 of the EM Act provides for the compensation of
registered emergency workers, which is payable if a volunteer
emergency worker suffers personal injury (including death) or
loss of or damage to property belonging to the worker or in the
worker's possession or control while engaged in emergency
activity.
Clause 106 amends section 36(1) of the EM Act to allow justification for an
action by amending the section to provide that a person, other
than a person engaging in an emergency activity, must not,
without reasonable excuse, obstruct, hinder or in any way
interfere with a person engaging in an emergency activity.
Subclause (2) increases the penalty in section 36(1) from 10 to
60 penalty units.
Clause 107 Subclause (1) amends section 36A(1) of the EM Act to
empower an officer of or above the rank of senior sergeant to
declare an area to be an emergency area on their own authority
if they are of the opinion that it is necessary to exclude persons
from the area of the emergency to ensure public safety, the
security of evacuated premises or the safety of persons engaged
in emergency activity, without first having to obtain the advice
of the agency primarily responsible for responding to the
emergency. As senior sergeants perform the role of Divisional
Patrol Managers, it is appropriate for the power to rest with
them or persons of higher rank.
27
Subclause (2) amends section 36A(3) of the EM Act, which
states that a copy of the declaration or a sign containing the
words "Declared Emergency Area" must be posted at points of
access to the emergency area that are closed under the
declaration while the declaration is in force. Section 36A(3) is
amended to enable the notice to be put up at the emergency area
or as near as possible to that area, which makes the public
notification requirements more practical.
Subclause (3) amends section 36A(5) of the EM Act to extend
the period after which a declaration of an emergency area is
automatically revoked from 24 to 48 hours to allow for a
suitable recovery time after an emergency, and amends
section 36A(6) to allow the Chief Commissioner of Police, in
his or her role as State Emergency Response Coordinator to
extend the declaration of an emergency area for a further period
of up to 48 hours rather than 24 hours, if considered
appropriate.
Clause 108 amends the references in section 36B of the EM Act to enable
all members of the police force, rather than officers of the
police on duty in or near the emergency area, to exercise
powers in respect of a declared emergency area.
Clause 109 Subclause (1) clarifies that section 36C of the EM Act provides
for offences relating to the declaration of an emergency area.
Subclause (2) amends section 36C(1) of the EM Act, which
makes it an offence not to obey certain prohibitions or
directions without reasonable excuse by separating the existing
offence into two subsections and increasing the penalty from
5 to 10 penalty units. Section 36B(1) allows a member of the
police force (as amended by clause 108) to exercise certain
powers if a declaration of an emergency area is made, including
prohibiting a person or vehicle from entering or passing through
the area, directing any person to immediately leave the area by
the safest and shortest route and authorising a person to enter or
remain in the emergency area subject to appropriate conditions.
Subclause (3) increases the penalty for re-entering or attempting
to re-enter an emergency area from 100 to 120 penalty units.
28
Clause 110 repeals section 38 of the EM Act, which makes it an offence to
wilfully make any false or misleading statement to or otherwise
wilfully mislead or attempt to mislead the Minister or any other
person in relation to any claim for compensation under Part 5 or
6 of the EM Act. Clauses 104 and 105 of the Bill modernise
the drafting of the offence and relocate this offence to Parts 5
and 6 of the EM Act respectively.
PART 6--AMENDMENT OF EMERGENCY SERVICES
TELECOMMUNICATIONS AUTHORITY ACT 2004
Clause 111 amends section 2 of the Emergency Services
Telecommunications Authority Act 2004 (ESTA Act) to
remove the references to section 45 of the ESTA Act, which is
being repealed by clause 115 of the Bill, and repeals
section 2(3) of the ESTA Act, which provides that section 45 of
the ESTA Act comes into operation on a day to be proclaimed.
Section 45 of the ESTA Act sought to repeal section 44 of the
ESTA Act, which clarifies that the term "emergency services
and other related services organisations" in the definition of call
taking and dispatch services does not include Rural Ambulance
Victoria. However, section 45 has not been proclaimed as
coming into operation.
Clause 112 amends section 3 of the ESTA Act to remove the redundant
references to the Metropolitan Ambulance Service and Rural
Ambulance Victoria and replace them with a reference to
Ambulance Victoria.
Since 1 July 2008, emergency ambulance services in Victoria
have been provided by a single provider known as Ambulance
Victoria. Ambulance Victoria was formed from the three
previous providers of emergency ambulance service--the
Metropolitan Ambulance Service, Rural Ambulance Victoria
and the Alexandra District Ambulance Services.
Clause 113 amends section 21(2) of the ESTA Act to remove the redundant
references to the Metropolitan Ambulance Service and Rural
Ambulance Victoria and replace them with a reference to
Ambulance Victoria.
29
Subclause (b) repeals section 21(2)(d) of the ESTA Act, which
provides that the advisory committee for the Emergency
Services Telecommunications Authority (ESTA) must consist
of "one person nominated by Rural Ambulance Victoria".
Clause 114 amends section 30 of the ESTA Act to remove the references to
"any such organisation" and "each organisation" to allow the
Emergency Services Commissioner to determine generic, as
well as agency-specific standards for the performance by ESTA
of the emergency telecommunications and other
communications services it provides to emergency services and
other related services organisations. This will allow ESTA to
better manage call-taking on a combined, rather than single-
agency basis, which is more operationally efficient, requires
fewer resources and increases compliance with the standards set
by the Emergency Services Commissioner.
Clause 115 repeals sections 44 and 45 of the ESTA Act to remove
redundant references to Rural Ambulance Victoria.
PART 7--AMENDMENT OF FORESTS ACT 1958
Clause 116 inserts an immunity provision in the Forests Act 1958 so that
authorised officers (persons appointed as authorised officers
under the Conservation, Forests and Lands Act 1987),
persons employed by Parks Victoria, persons employed in the
Department of Sustainability and Environment (DSE) and
persons engaged by the Secretary to DSE under section 62C of
the Forests Act 1958, are not personally liable for any thing
done or omitted to be done in good faith in the exercise of a
power or the discharge of a duty under the Forests Act 1958
relating to fire management activities.
Section 62C of the Forests Act 1958 provides that the
Secretary to DSE may enter into agreements or arrangements
relating to the prevention and suppression of fire. This applies
to agreements entered into with interstate and international
firefighting personnel, and with DSE's Networked Emergency
Organisation partners, including the Department of Planning
and Community Development, Parks Victoria, the Department
of Primary Industries, VicForests and Melbourne Water.
30
Fire management activity includes any activity performed
pursuant to--
· the Secretary's duty under section 20(b) of the
Forests Act 1958 to make provision for "plans,
works and plant for the prevention and
suppression of fires within the fire protected
area".
· the Secretary's duty under section 62(2) of the
Forests Act 1958 to carry out proper and
sufficient work in State forests, national parks
and on protected public land for the immediate
prevention and suppression of fire and for the
planned prevention of fire.
· the Secretary's duty under section 62AA of the
Forests Act 1958 to issue warnings and provide
information in relation to fires in State forests,
national parks and on protected public land if
delegated to do so by the Fire Services
Commissioner or the Secretary considers it is
necessary to do so to protect life and property.
PART 8--AMENDMENT OF SUMMARY OFFENCES ACT
1966
Clause 117 repeals section 12 of the Summary Offences Act 1966, which
makes it an offence to wilfully give or cause to be given to any
brigade within the meaning of the Metropolitan Fire Brigades
Act 1958 and the Country Fire Authority Act 1958 a false
alarm of fire. Clause 56 and 77 of the Bill inserts a similar
offence in the Country Fire Authority Act 1958 and the
Metropolitan Fire Brigades Act 1958 respectively.
PART 9--REPEAL OF AMENDING ACT
Clause 118 provides for the repeal of the amending Act. This repeal does
not affect the continuing operation of the amendments made by
this amending Act (see section 15(1) of the Interpretation of
Legislation Act 1984).
31