Fire Services Commissioner Act 2010

Fire Services Commissioner Act 2010

No. 73 of 2010

table of provisions

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

Part 2—The Fire Services Commissioner

Division 1—Appointment, functions and general powers

4Establishment

5Appointment

6Remuneration and allowances

7Terms and conditions

8Vacancy, resignation

9Suspension and removal from office

10Functions and powers of the Fire Services Commissioner

11Delegation

Division 2—Fire services reform action plans

12Fire services reform action plan

13Fire services reform action plan must contain a work program foreach fire services agency

14Fire Services Commissioner must have regard to certain mattersin developing fire services reform action plans

15Fire Services Commissioner must consult in developing fire services reform action plan

16Submission of fire services reform action plan to Minister for approval

17Approved fire services reform action plan to be given to agenciesand published on Internet

18Rolling reviews of, and reports on giving effect to, fire servicesreform action plans

Division 3—Performance standards for fire agencies

19Fire Services Commissioner to develop performance standards for fire services agencies

20Fire Services Commissioner must give performance standards tocertain persons

Division 4—Incident management operating procedures

21Incident management operating procedures

22Fire Services Commissioner must give incident management operating procedures to certain persons

23Publication of incident management operating procedures on Internet

Division 5—Community warnings about fires

24Fire Services Commissioner must warn community about fires

25Fire Services Commissioner may issue guidelines, procedures and protocols in relation to duty to warn the community

26Delegation of duty to warn the community

Part 3—General

27Information gathering for purpose of developing or reviewing plans, standards or procedures

28Constraints on access to information not to apply

29Ministerial request for advice or report on any issue relating tofire management

30Validity of acts and decisions

31Annual reports

32Minister to lay annual reports before each House of the Parliament

33Immunity

34Regulations

Part 4—Amendment of Emergency Services Related Legislation

Division 1—Emergency Management Act 1986

35Definitions

36Sections 16 and 16A substituted and new sections 16B and 16Cinserted

16Control of response to major fires

16AWhat if Fire Services Commissioner is unavailable to perform function of overall control of major fire

16BState Co-ordinator may advise or direct Fire Services Commissioner and chief fire officers to exercise majorfire control powers

16CControl of emergency responses other than fire

37Functions and powers of the Emergency Services
Commissioner

38Emergency Services Commissioner standards

39Emergency Services Commissioner to monitor standards

40Power to require information to be given

Division 2—Country Fire Authority Act 1958

41Definitions

42Compliance with performance standards developed by the FireServices Commissioner

43Section 6C substituted and new sections 6D and 6E inserted

6CReport on compliance with performance standards developed by the Fire Services Commissioner

6DFire services reform action plan

6ECompliance with incident management operating procedures

44Section 50B substituted

50BDuty to warn the community

45Repeal of section 50C

46Repeal of section 50D

47Disclosure of information by Authority

Division 3—Forests Act 1958

48Definitions

49New section 29 inserted

29Power to authorise Chief Fire Officer to perform fire related activities

50New sections 61A to 61E inserted

61AChief Fire Officer

61BFunctions of Chief Fire Officer

61CImmunity

61DCompliance with performance standards developed bythe Fire Services Commissioner

61EFire services reform action plan

61FCompliance with incident management operating procedures

51Declaration of protected public lands

52New section 62AA inserted

62AADuty to warn the community

Division 4—Metropolitan Fire Brigades Act 1958

53Definitions

54Functions of Board

55New sections 7A and 7B inserted

7AFire services reform action plan

7BCompliance with incident management operating procedures

56New section 32AA inserted

32AADuty to warn the community

57Disclosure of information by Board

58Statute law revision

Division 5—Justice Legislation Further Amendment Act 2010

59Repeal of redundant amendment

Division 6—Repeal of amending Part

60Repeal

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Endnotes

INDEX43

SectionPage

Victoria

SectionPage

Fire Services Commissioner Act 2010[†]

No. 73 of 2010

[Assented to 19 October 2010]

Fire Services Commissioner Act 2010
No. 73 of 2010

The Parliament of Victoriaenacts:

Part 4—Amendment of Emergency Services Related Legislation

Fire Services Commissioner Act 2010
No. 73 of 2010

Part 1—Preliminary

1Purpose

The main purposes of this Act are—

(a)to establish the position of Fire Services Commissioner and provide for the functions and powers of the Fire Services Commissioner; and

(b)to amend the Forests Act 1958 to make the position of chief fire officer in the Department of Sustainability and Environment a statutory position; and

(c)to make related amendments to the Emergency Management Act 1986, theCountry Fire Authority Act 1958, the Forests Act 1958 and the Metropolitan Fire Brigades Act 1958.

2Commencement

s. 2

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision referred to in subsection (1) does not come into operation before 1 December 2010, it comes into operation on that day.

3Definitions

In this Act—

emergency service agency has the same meaning as in the Emergency Management Act 1986;

Emergency Services Commissioner means the Commissioner within the meaning of the Emergency Management Act 1986;

fire services agency means any of the following—

(a)the Country Fire Authority established under the Country Fire Authority Act 1958;

(b)the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958;

(c)the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62 of the Forests Act 1958;

fire services reform action plan means a plan developed under section 12;

incident management operating procedures means operating procedures developed under section 21;

major fire means a large or complex fire (however caused) which—

(a)has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or

s. 3

(b)has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or

(c)requires the involvement of 2 or more fire services agencies to suppress the fire; or

(d) will, if not suppressed, burn for more than one day;

State Co-ordinatorhas the same meaning as in the Emergency Management Act 1986;

Note

The State Co-ordinator is the Chief Commissioner of Police: see section 11 of the Emergency Management Act 1986.

work program means a program included in a fire services reform action plan in accordance with section 13.

______

Part 2—The Fire Services Commissioner

Division 1—Appointment, functions and general powers

4Establishment

s. 4

There is to be a Fire Services Commissioner.

5Appointment

(1)Subject to subsection(2), the Governor in Council may appoint a person as Fire Services Commissioner.

(2)A person is not eligible for appointment unless the Governor in Council is satisfied that the person has appropriate management, professional, technical and operational expertise to control response activities in relation to major fires.

6Remuneration and allowances

(1)The Fire Services Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.

(2)The remuneration of the Fire Services Commissioner cannot be reduced during his or her term of office unless he or she consents to the reduction.

7Terms and conditions

(1)The Fire Services Commissioner—

(a)holds office for the period, not exceeding 5years, specified in his or her instrument of appointment; and

(b)is eligible for re-appointment; and

(c)holds office on the terms and conditions determined by the Governor in Council.

(2)The Fire Services Commissioner must be appointed on a full-time basis.

8Vacancy, resignation

s. 8

The Fire Services Commissioner ceases to hold office if he or she—

(a)resigns by notice in writing delivered to the Governor in Council; or

(b)becomes an insolvent under administration; or

(c)is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or

(d)nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or

(e) is suspended or removed from office under section9.

9Suspension and removal from office

(1)The Governor in Council may suspend the Fire Services Commissioner from office on any of the following grounds—

(a)misconduct;

(b)neglect of duty;

(c)inability to perform the duties of the office;

(d)any other ground on which the Governor in Council is satisfied that the Fire Services Commissioner is unfit to hold office.

(2)The Minister must cause to be laid before each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension.

(3)The Fire Services Commissioner must be removed from office by the Governor in Council if each House of Parliament within 20 sitting days after the day when the statement is laid before it declares by resolution that the Fire Services Commissioner ought to be removed from office.

(4)The Governor in Council must remove the suspension and restore the Fire Services Commissioner to office unless each House makes a declaration of the kind specified in subsection(3) within the time specified in that subsection.

(5) If the Fire Services Commissioner is suspended from office under subsection(1), he or she is deemed not to be the Fire Services Commissioner during the period of suspension.

10Functions and powers of the Fire Services Commissioner

s. 10

(1)The Fire Services Commissioner has the following functions—

(a)to work with the fire service agencies to enhance their individual and collective capacity to prepare for the response to days on which it is forecast there is a high risk of major fires occurring;

(b)to develop and maintain standards for the performance of functions bythe Country Fire Authority and the Metropolitan Fire and Emergencies Services Board;

(c)to develop and maintain standards for the performance of fire suppression functions by the Secretary to the Department of Sustainability and Environment;

(d)to develop and maintain incident management operating procedures;

(e)to have overall control of the response to major fires;

Note

See section 16 of the Emergency Management Act 1986.

(f)to promote and lead a program of reform to improve the operational capability of fire service agencies;

(g)to encourage and oversee the management of joint initiatives of the fire services agencies as part of the program of reform referred to in paragraph (f);

(h)to manage the State's primary control centre for the response to major fires on behalf of, and in collaboration with, all emergency service agencies;

(i)to advise, make recommendations and report to the Minister on any issue in relation to fire management;

(j)any other function conferred on the Fire Services Commissioner by or under this or any other Act.

(2)The Fire Services Commissioner has all the powers necessary to perform his or her functions.

(3)The Fire Services Commissioner must, in performing his or her functions, have regard to the importance volunteers of the Country Fire Authority have with respect to Victoria's fire-fighting management and capacity.

11Delegation

s. 11

The Fire Services Commissioner, by instrument, may delegate any function or power conferred, or duty imposed, on the Fire Services Commissioner by or under this Act (other than this power of delegation) or any other Act to any person.

Division 2—Fire servicesreform action plans

12Fire services reform action plan

s. 12

(1)The Fire Services Commissioner must develop a plan(a fire services reform action plan) for the purpose of—

(a)enhancing the operational capacity and capability of fire services agencies; and

(b)improving the capacity of fire services agencies to operate together in planning and preparing for the response to, and in responding to, major fires.

(2) Subject to section 18, a fire services reform action plandeveloped under subsection (1) has effect—

(a)if the Minister approves the plan under section 16 before the end of the financial year in which the Minister receives the plan for approval under that section—

(i)on and after 1 July in the following financial year (the commencement day); and

(ii)until the day that is the day before the third anniversary of the commencement day or until the day a subsequent fire services reform action plandeveloped under subsection(1) approved by the Minister under section 16 takes effect, whichever is the later; or

(b)if the Minister approves the plan under section 16 in the financial year after the financial year in which the Minister receives the plan for approval under that section—

(i)on and after the day the Minister approves the plan; and

(ii)until the day that is the day before the third anniversary of the commencement of the financial year in which the Minister approves the plan or until the day a subsequent fire services reform action plandeveloped under subsection(1) approved by the Minister under section 16 takes effect, whichever is the later.

13Fire services reform action plan must contain a work program for each fire services agency

s. 13

(1) A fire services reform action planmust include a program (a work program) for each fire services agency that is to be implemented by each agency for the purpose of giving effect to the fire services reform action plan.

(2)A work program must include—

(a)things to be done, projects to be undertaken or measures to be met, by the fire services agency to enhance the operational capacity and capability of the fire services agency; and

(b) things to be done, projects to be undertaken or measures to be met, to improve the capacity of the fire services agency to operate together with other fire services agencies in planning and preparing for the response to, and in responding to, major fires.

(3)A work programmay specify the date by when, or period of time within which, a thing, project, or measure referred to in subsection (2) is be done, undertaken or met.

14Fire Services Commissioner must have regard to certain matters in developing fire services reform action plans

s. 14

In developing a fire services reform action plan, the Fire Services Commissioner must have regard to—

(a)the resources each of the fire services agencies has available to allocate to implement the work program that will apply to each of the fire services agencies; and

(b)any duty or other requirement imposed on the fire services agenciesby, or under a, law.

15Fire Services Commissioner must consult in developing fire services reform action plan

In developing a fire services reform action plan, the Fire Services Commissioner mustconsult with—

(a) the fire services agencies; and

(b)the Emergency Services Commissioner; and

(c)the State Co-ordinator; and

(d)any other emergency service agency to the extent the Fire Services Commissioner considers necessary.

16Submission of fire services reform action plan to Minister for approval

(1)Before 31 May in the financial year preceding the first financial year in which a fire services reform action planis to have effect, the Fire Services Commissioner must submit the plan to the Minister for approval.

(2)On receiving a fire services reform action plan under subsection (1), the Minister must as soon as practicable make a decision whether to approve the plan.

(3) The Minister, for the purpose of giving his or her approval, may direct the Fire Services Commissioner, in writing, to make a variation to thefire services reform action plan.

(4) The Minister must not give a direction under subsection (3) without first having consulted the Fire Services Commissioner about the direction.

17Approved fire services reform action plan to be given to agencies and published on Internet

s. 17

On the approval of a fire services reform action plan under section 16, the Fire Services Commissioner must—

(a)give a copy of the plan to every fire services agency; and

(b)publish the plan on the Fire Services Commissioner's Internet site.

18Rolling reviews of, and reports on giving effect to, fire services reform action plans

(1)The Fire Services Commissioner must review a fire services reform action plan (including the work programs) and report on that review to the Minister before 31 May of every financial year in which the plan has effect.

(2)A report under subsection (1) must—

(a)specifythe progress, if any, made by each fire services agency in implementing the work program that applies to it in the period of the financial year up to the date of the report; and

(b)in relation to those parts of the work programs directed at improving the capacity of the fire services agency to operate together with other fire services agencies in planning and preparing for the response to, and in responding to, major fires—specify the progress, if any, made by all of the fire services agencies in implementing those parts of the work programs.

(3)If, following the review, the Fire Services Commissioner considers that the plan should be revised, a report under subsection (1) must be accompanied by a copy of the revised fire services reform action plan.

(4) In conducting a review under subsection (1), the Fire Services Commissioner must—

(a)consult with—

s. 18

(i) the fire services agencies; and

(ii) the Emergency Services Commissioner; and

(iii) the State Co-ordinator; and

(b)have regard to—

(i)the resources each of the fire services agencies have available to allocate to implement the work program that applies to them; and

(ii)any duty or other requirement imposed on the fire services agenciesby, or under a, law.

(5) On receiving a revised fire services reform action plan under this section, the Minister must use his or her best endeavours to approve the revised plan before the commencement of the next financial year in which the fire services reform action planto which the revised plan relates willhave effect.

(6) If the Minister makes nodecision as to whether to approve the revised fire services reform action plan before 30 June in the financial year in which the relevant review was conducted, the revised plan is taken to be approved on that date.

(7)A revised fire services reform action plan approved under this section supersedes the fire services reform action planto which it relates and has effect—

(a)for the remainder of the period the superseded fire services reform action plan would have had effect if it were not superseded; or

(b)until it is superseded by another revised fire services reform action plan under this section.

(8)If the Minister decides not to approve a revised fire services reform action plan before 30 June in the financial year in which the relevant report was conducted, the fire services reform action plan to which the revised plan relates continues to have effect.

(9) The Minister, for the purpose of giving his or her approval, may direct the Fire Services Commissioner, in writing, to make a variation to the revised fire services reform action plan.

(10) The Minister must not give a direction under subsection (9) without first having consulted the Fire Services Commissioner about the direction.

Division 3—Performance standards for fire agencies

19Fire Services Commissioner to develop performance standards for fire services agencies