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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 2
Lapsed owing to prorogation, 12 August 2004, and restored
to the Notice Paper, 15 September 2004
South Australia
Fire
and Emergency Services Bill 2004
A Bill For
An
Act to establish the South Australian Fire and Emergency Services Commission;
to provide for the continuation of a metropolitan fire and emergency service, a
country fire and emergency service, and a State emergency service; to provide
for the prevention, control and suppression of fires and for the handling of
certain emergency situations; to make related amendments to other Acts; to
repeal the Country Fires Act 1989, the South Australian
Metropolitan Fire Service Act 1936 and the State Emergency Service
Act 1987; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Establishment of areas for fire and
emergency services
5 Application of Act
Part 2—South Australian Fire
and Emergency Services Commission
Division 1—Establishment of
Commission
6 Establishment of Commission
7 Ministerial control
Division 2—Functions and
powers of Commission
8 Functions and powers
9 Directions
Division 3—Constitution of
board
10 Commission to be managed by a board
11 Constitution of the Board
12 Terms and conditions of membership
13 Vacancies or defects in appointment of
members
14 Proceedings
15 Conflict of interest
Division 4—Chief Executive and
staff
16 Chief Executive
17 Staff
Division 5—Advisory Board and
committees
18 Advisory Board
19 Committees
Division 6—Delegation
20 Delegation
Division 7—Accounts, audits
and reports
21 Accounts and audit
22 Annual reports
Division 8—Common seal and
execution of documents
23 Common seal and execution of documents
Part 3—The South Australian
Metropolitan Fire Service
Division 1—Continuation of
service
24 Continuation of service
25 Constitution of SAMFS
Division 2—Functions and
powers
26 Functions and powers
Division 3—Chief Officer and
staff
27 Chief Officer
28 Deputy Chief Officer and Assistant
Chief Officers
29 Other officers and firefighters
30 Employees
31 Staff
32 Workforce plans
33 Delegation
Division 4—Fire brigades
34 Fire brigades
Division 5—Fire and emergency
safeguards
35 Interpretation and application
36 Power to enter and inspect a public
building
37 Rectification where safeguards
inadequate
38 Closure orders
39 Powers in relation to places at which
danger of fire may exist
40 Related matters
Division 6—Powers and duties
relating to fires and emergencies
Subdivision 1—Exercise of control at scene of
fire or other emergency
41 Exercise of control at scene of fire
or other emergency
Subdivision 2—Exercise of powers at scene of
fire or other emergency
42 Powers
Subdivision 3—Related matters
43 Provision of water
44 Disconnection of gas or electricity
Division 7—Discipline
Subdivision 1—The Disciplinary Committee
45 The South Australian Metropolitan Fire
Service Disciplinary Committee
Subdivision 2—Disciplinary proceedings
46 Chief Officer may reprimand
47 Proceedings before Disciplinary
Committee
48 Suspension pending hearing of
complaint
Subdivision 3—Appeals
49 Appeals
50 Representation of parties and costs
51 Participation of assessors in appeals
Division 8—Related matters
52 Accounts and audit
53 Annual reports
54 Common seal and execution of documents
55 UFU
56 Fire prevention on private land
Part 4—The South Australian
Country Fire Service
Division 1—Continuation of
service
57 Continuation of service
58 Constitution of SACFS
Division 2—Functions and
powers
59 Functions and powers
Division 3—Chief Officer and
staff
60 Chief Officer
61 Deputy Chief Officer and Assistant
Chief Officers
62 Other officers
63 Employees
64 Staff
65 Workforce plans
66 Delegation
Division 4—SACFS regions
67 SACFS regions
Division 5—Organisational
structure
68 Establishment of SACFS organisations
69 South Australian Volunteer
Fire-Brigades Association
Division 6—Command structure
70 Command structure
Division 7—Fire prevention
authorities
Subdivision 1—The South Australian Bushfire
Prevention Advisory Committee
71 The South Australian Bushfire
Prevention Advisory Committee
72 The Advisory Committee's functions
Subdivision 2—Regional and district bushfire
prevention committees
73 Regional bushfire prevention
committees
74 Functions of regional committees
75 District bushfire prevention
committees
76 Functions of district committees
Subdivision 3—Fire prevention officers
77 Fire prevention officers
Division 8—Fire prevention
Subdivision 1—Fire danger season
78 Fire danger season
79 Fires during fire danger season
Subdivision 2—Total fire ban
80 Total fire ban
Subdivision 3—Permits
81 Permit to light and maintain fire
Subdivision 4—Power of direction
82 Power to direct
Subdivision 5—Duties to prevent fires
83 Private land
84 Council land
85 Crown land
Subdivision 6—Miscellaneous precautions against
fire
86 Fire safety at premises
87 Removal of debris from roads
88 Fire extinguishers to be carried on
caravans
89 Restriction on the use of certain
appliances etc
90 Burning objects and material
91 Duty to report unattended fires
Subdivision 7—Supplementary provisions
92 Power of inspection
93 Delegation by councils
94 Failure by a council to exercise
statutory powers
95 Endangering life or property
Division 9—Powers and duties
relating to fires and emergencies
Subdivision 1—Exercise of control at scene of
fire or other emergency
96 Exercise of control at scene of fire
or other emergency
Subdivision 2—Exercise of powers at scene of
fire or other emergency
97 Powers
Subdivision 3—Related matters
98 Provision of water
99 Disconnection of gas or electricity
Division 10—Related matters
100 Accounts and audit
101 Annual reports
102 Common seal and execution of documents
103 Fire control officers
104 Giving of expiation notices
105 Appropriation of penalties
Part 5—The South Australian
State Emergency Service
Division 1—Continuation of
service
106 Continuation of service
107 Constitution of SASES
Division 2—Functions and
powers
108 Functions and powers
Division 3—Chief Officer and
staff
109 Chief Officer
110 Deputy Chief Officer and Assistant Chief
Officers
111 Other officers
112 Employees
113 Staff
114 Workforce plans
115 Delegation
Division 4—SASES units
116 SASES units
Division 5—Powers and duties
relating to emergencies
Subdivision 1—Exercise of control at scene of
emergency
117 Exercise of control at scene of
emergency
Subdivision 2—Exercise of powers at scene of
emergency
118 Powers
Subdivision 3—Related matter
119 Disconnection of gas or electricity
Division 6—Related matters
120 Accounts and audit
121 Annual reports
122 Common seal and execution of documents
123 S.A.S.E.S. Volunteers' Association
Incorporated
Part 6—Miscellaneous
124 Investigations
125 Obstruction etc
126 Impersonating an emergency services
officer etc
127 Protection from liability
128 Exemption from certain rates and taxes
129 Power to provide sirens
130 Provision of uniforms
131 Protection of names and logos
132 Attendance by police
133 Disclosure of information
134 Unauthorised fire brigades
135 Interference with fire plugs, fire
alarms etc
136 False or misleading statements
137 Continuing offences
138 Offences by bodies corporate
139 Onus of proof
140 Evidentiary
141 Insurance policies to cover damage
142 Payment of costs and expenses for
certain vessels and property
143 Fees
144 Services
145 Acting outside the State
146 Recognised interstate organisations
147 Inquests
148 Regulations
149 Review of Act
Schedule 1—Appointment and selection of assessors for District
Court proceedings under Part 3
Schedule 2—Code of conduct to be observed by officers and
firefighters for the purposes of Part 3
Schedule 3—Supplementary provisions relating to the South Australian
Bushfire Prevention Advisory Committee
1 Terms and conditions of office
2 Quorum etc
3 Validity of acts
4 Conflict of interest
Schedule 4—Supplementary provisions relating to regional and
district bushfire prevention committees
1 Interpretation
2 Terms and conditions of office
3 Constitution
4 Quorum etc
5 Conflict of interest
Schedule 5—Regulations
Schedule 6—Related amendments, repeals and transitional provisions
Part 1—Preliminary
1 Amendment provisions
Part 2—Amendment of
Development Act 1993
2 Amendment of section 4—Definitions
3 Amendment of section 71—Fire safety
Part 3—Amendment of
Electricity Act 1996
4 Amendment of section 53—Electricity
entity may cut off electricity supply to avert damage
5 Amendment of section 54—Emergency
legislation not affected
Part 4—Amendment of Emergency
Services Funding Act 1998
6 Amendment of section 3—Interpretation
7 Amendment of section 28—The
Community Emergency Services Fund
Part 5—Amendment of Essential
Services Act 1981
8 Amendment of section 6—Power to
require information
Part 6—Amendment of Gas
Act 1997
9 Amendment of section 54—Emergency
legislation not affected
Part 7—Amendment of Local
Government Act 1999
10 Amendment of section 147—Rateability
of land
Part 8—Amendment of Private
Parking Areas Act 1986
11 Amendment of section 4—Interpretation
Part 9—Amendment of Summary
Offences Act 1953
12 Amendment of section 83B—Dangerous
areas
Part 10—Repeal of Acts
13 Repeal of Acts
Part 11—Transitional
provisions
14 Special provisions relating to the
repeal of the Country Fires Act 1989
15 Specific provisions relating to the
repeal of the South Australian Metropolitan Fire Service Act 1936
16 Specific provisions relating to the
repeal of the State Emergency Service Act 1987
17 Staff
18 Other provisions
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Fire and Emergency Services Act
2004.
This Act will come into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention
appears—
associate member of the Board means a member of the Board appointed by the
Governor under section 11(1)(e);
award includes—
(a) an
award or order of the Industrial Relations Commission of South Australia; and
(b) an
award or order of the Australian Industrial Relations Commission;
Board means the board established as the governing body of the
Commission under Part 2 Division 3;
CE of the Commission means the person holding the office of Chief Executive of
the Commission under Part 2 Division 4 and includes a person for the time being
acting in that office;
Chief Officer of SACFS means the person holding the office of Chief Officer of
SACFS under Part 4 Division 3 and includes a person for the time being acting
in that office;
Chief Officer of SAMFS means the person holding the office of Chief Officer of
SAMFS under Part 3 Division 3 and includes a person for the time being acting in
that office;
Chief Officer of SASES means the person holding the office of Chief Officer of
SASES under Part 5 Division 3 and includes a person for the time being acting
in that office;
Commission means the South Australian Fire and Emergency Services Commission
established under Part 2 Division 1;
council means a council constituted under the Local Government
Act 1999;
country means any part of the State outside an SAMFS fire district;
department means the administrative unit designated from time to time by the
Minister by notice in the Gazette as being the relevant department for the
purposes of this Act;
District Court means the Administrative and Disciplinary Division of the
District Court;
emergency means an event that causes, or threatens
to cause—
(a) the
death of, or injury or other damage to the health of, any person; or
(b) the
destruction of, or damage to, any property; or
(c) a
disruption to essential services or to services usually enjoyed by the
community; or
(d) harm
to the environment, or to flora or fauna;
emergency services organisation means—
(a) SAMFS;
or
(b) SACFS;
or
(c) SASES;
emergency services sector comprises—
(a) the
Commission; and
(b) SAMFS;
and
(c) SACFS;
and
(d) SASES;
ex officio member of the Board means a member of the Board who holds office ex
officio under section 12(1);
fire control officer means a fire control officer appointed by the Chief
Officer of SACFS under section 103;
fire danger season, in relation to a part of the State, means a fire danger
season fixed for that part of the State under Part 4 Division 8;
fire district means a fire district established under section 4 for the
purposes of the operations of SAMFS;
firefighter includes a control room operator;
fire-fighting means any activity directed towards—
(a) preventing,
controlling or extinguishing fires;
(b) dealing
with other emergencies that require SAMFS or SACFS to act to protect life,
property or the environment;
fire prevention officer means a fire prevention officer appointed
by a council under Part 4 Division 7 Subdivision 3 (and includes an assistant
fire prevention officer);
forest reserve means a forest reserve under the Forestry Act 1950;
industrial agreement means—
(a) an
enterprise agreement in force under the Industrial and Employee Relations
Act 1994; or
(b) a
certified agreement or an Australian workplace agreement in force under the Workplace
Relations Act 1996 of the Commonwealth as amended from time to time;
LGA
means the Local Government Association of South Australia;
misconduct, in relation to an officer or firefighter of SAMFS, means a
contravention of or a failure to comply with the Code of Conduct set out in
Schedule 2;
officer of an emergency services organisation means a person who is
designated as an officer of that organisation within the command or
organisational structure of the organisation;
owner—
(a) in
relation to land alienated from the Crown in fee simple—means the owner of an
estate in fee simple in the land;
(b) in
relation to land held from the Crown by lease, licence or agreement to purchase—means
the lessee, licensee or purchaser,
and includes the occupier;
private land means—
(a) land
alienated from the Crown in fee simple; or
(b) land
held from the Crown by lease, licence or agreement to purchase,
other than land under the care, control or management of a council
or a Minister, agency or instrumentality of the Crown;
public sector agency means a public sector agency under the Public Sector
Management Act 1995;
relative, in relation to a person, means the spouse, parent or remoter
linear ancestor, son, daughter or remoter issue or brother or sister of the
person;
rescue means the safe removal of persons or animals from actual or
threatened danger of physical harm;
rural council means a council whose area lies wholly or partially outside a
fire district;
SACFS means the South Australian Country Fire Service under Part 4;
SACFS organisation means—
(a) an
SACFS brigade; or
(b) an
SACFS group;
SACFS region means a region established under Part 4 Division 4;
SAMFS means the South Australian Metropolitan Fire Service under Part
3;
SASES means the South Australian State Emergency Service under Part 5;
SASES unit means an SASES unit established under Part 5 Division 4;
spouse includes a putative spouse (whether or not a declaration of the
relationship has been made under the Family Relationships Act 1975);
UFU means—
(a) the
United Firefighters' Union of South Australia Incorporated; and
(b) the
United Firefighters' Union of Australia (South Australian Branch);
vehicle includes an aircraft or vessel.
(2) For the purposes of this Act, bushfire
prevention relates to any reasonable action that may be taken in the country
areas of the State—
(a) to
reduce or eliminate the risk of outbreak of bushfires; or
(b) to
prevent or inhibit—
(i) the
spread of any bushfire; or
(ii) any
increase in the intensity or seriousness of any bushfire; or
(c) to
mitigate the effect of any bushfire.
(3) SACFS, the South Australian Bushfire
Prevention Advisory Committee and any regional or district bushfire prevention
committees constituted under Part 4 must, in the exercise and performance of
powers and functions under this Act—
(a) have
due regard to the impact of their actions on the environment; and
(b) seek
to achieve a proper balance between bushfire prevention and proper land
management in the country.
(4) For the purposes of this Act, a person is
an associate of another person if—
(a) the
other person is a relative of the person or of the person's spouse; or
(b) the
other person—
(i) is
a body corporate; and
(ii) the
person or a relative of the person or of the person's spouse has, or 2 or more
such persons together have, a relevant interest or relevant interests in shares
in the body corporate the nominal value of which is not less than 10 per cent
of the nominal value of the issued share capital of the body corporate; or
(c) the
other person is a trustee of a trust of which the person, a relative of the
person or of the person's spouse or a body corporate referred to in
subsubparagraph (ii) is a beneficiary; or
(d) the
person is declared by the regulations to be an associate of the other person.
4—Establishment of areas for fire and emergency services
(1) The
Commission may, by notice in the Gazette, establish a fire district or fire
districts for the purposes of the operations of SAMFS.
(2) The Commission may, by notice in the
Gazette—
(a) vary
the boundaries of a fire district;
(b) abolish
a fire district.
(3) Those
parts of the State that lie outside a fire district will be taken to be the
areas of the State that apply for the purposes of the operations of SACFS.
(4) In addition—
(a) SAMFS
may act outside a fire district that applies under subsection (1), and SACFS
may act outside an area that applies under subsection (3) (subject to any other
provision made by this Act); and
(b) SAMFS
and SACFS operations include acting in relation to any vessel.
(5) SASES
may act in any part of the State (subject to any other provision made by this
Act).
(6) Before a notice is published under
subsection (1) or (2), the Commission must consult with—
(a) the
Chief Officer of SAMFS; and
(b) the
Chief Officer of SACFS.
(1) This
Act is in addition to and does not limit, or derogate from, the provisions of
any other Act.
(2) This
Act does not apply in relation to the taking of measures to bring an industrial
dispute to an end or to control civil disorders (but may apply in relation to
any fire or other emergency arising during the course of an industrial dispute
or any civil disorder).
Part 2—South Australian Fire and Emergency Services Commission
Division 1—Establishment of Commission
(1) The
South Australian Fire and Emergency Services Commission is established.
(2) The Commission—
(a) is
a body corporate; and
(b) has
perpetual succession and a common seal; and
(c) is
capable of suing and being sued in its corporate name; and
(d) has
all the powers of a natural person that are capable of being exercised by a
body corporate; and
(e) has
the functions and powers assigned or conferred by or under this or any other
Act.
(3) The
Commission is an agency of the Crown and holds its property on behalf of the
Crown.
(1) The
Commission is subject to the control and direction of the Minister.
(2) A
direction given to the Commission under this section must be in writing.
(3) If
the Minister gives a direction under this section, the Commission must cause a
statement of the fact that the direction was given to be published in its next
annual report.
Division 2—Functions and powers of Commission
(1) The Commission has the following functions:
(a) to
develop and maintain a strategic and policy framework across the emergency
services sector;
(b) to
develop and implement a framework of sound corporate governance across the
emergency services sector;
(c) to
ensure that appropriate strategic, administrative and other support services
are provided to the emergency services organisations;
(d) to
ensure that appropriate strategic and business plans are developed, maintained
and implemented across the emergency services sector;
(e) to
provide for the effective allocation of resources within the emergency services
sector;
(f) to
ensure that the emergency services organisations have appropriate systems and
practices in place—
(i) to
provide for effective management and planning; and
(ii) to
monitor management performance against plans and targets, and to take
corrective action as necessary;
(g) to
ensure that the emergency services organisations maintain appropriate
risk-management systems and practices;
(h) to
ensure that the emergency services organisations regularly review, and revise
as necessary, their plans, structures, systems, targets and practices to
address changing circumstances and to improve the provision of emergency
services and business practices;
(i) to
ensure that the emergency services organisations meet their statutory
responsibilities and comply with the provisions of this or any other relevant
Act;
(j) to
ensure the observance of high ethical standards within the emergency services
sector;
(k) to
foster and support career development opportunities for officers and staff
within the emergency services sector;
(l) to
support and encourage voluntary participation in SACFS and SASES, and to foster
and support personal development opportunities for members of the emergency
services organisations;
(m) to
recognise outstanding achievements of persons who are involved in the provision
of fire and emergency services, or who take action or assist at the scene of
any fire or emergency or who otherwise support the objectives or activities of
the emergency services sector (or any part of that sector), within any part of
the State;
(n) to
ensure that there is effective consultation with the community in relation to
the operation of this Act;
(o) to
disseminate knowledge in the field of fire and emergency services in order to
advance community safety;
(p) to
maintain an appropriate level of strategic liaison with the peak body
responsible for the management of emergencies in the State;
(q) to
provide regular reports to the Minister on the activities and performance of
the emergency services sector;
(r) to
provide to the Minister reports or advice in relation to the operation of this
Act or the provision of emergency services under this Act;
(s) to
perform any other function assigned to the Commission by or under this or any
other Act.
(2) The
Commission may, for the purpose of performing its functions, exercise any
powers that are necessary or expedient for, or incidental to, the performance
of its functions.
(3) The
Commission must prepare a charter relating to its functions and operations.
(4) The
Commission must provide a copy of the charter to the Minister and ensure that
it is publicly available.
(1) Subject
to subsection (2), the Commission may, in performing its functions, give
directions to SAMFS, SACFS or SASES.
(2) The
Commission may not give a direction in relation to any matter concerning the
procedures that are relevant to responding to an emergency situation or to
dealing with any matter that may arise at the scene of an emergency.
Division 3—Constitution of board
10—Commission to be managed by a board
(1) The
Commission is managed and administered by a board established as the governing
body of the Commission under this Division.
(2) An
act done or decision made by the Board in the management or administration of
the affairs of the Commission (including by exercising any power of the
Commission under this or any other Act) is an act or decision of the
Commission.
(1) The Board consists of the following
members:
(a) the
presiding member, being the person for the time being holding the position of
Chief Executive of the Commission under Division 4; and
(b) the
Chief Officer of SAMFS; and
(c) the
Chief Officer of SACFS; and
(d) the
Chief Officer of SASES; and
(e) 2
members appointed by the Governor on the recommendation of the Minister, being
persons who, in the opinion of the Minister, are qualified for appointment to
the board because of their knowledge of, or experience in, 1 or more of the
fields of commerce, economics, finance, accounting, law or public
administration.
(2) 1
of the persons appointed under subsection (1)(e) must be a member of the
Public Service recommended by the Minister after taking into account any
recommendation made by the chief executive of the department.
(3) At
least 1 member of the Board must be a woman and at least 1 member must be a
man.
(4) The
Governor may appoint a suitable person to be the deputy of a member of the
Board (including an ex officio member of the Board) and that person may,
in the absence of that member, act as a member of the Board.
12—Terms and conditions of membership
(1) A
member of the Board, other than an associate member, holds office ex officio.
(2) An
associate member of the Board will be appointed on conditions determined by the
Governor and for a term, not exceeding 5 years, specified in the instrument of
appointment and, at the expiration of a term of appointment, is eligible for
reappointment.
(3) The Governor may remove an associate member
of the Board from office—
(a) for
breach of, or non-compliance with, a condition of appointment; or
(b) for
misconduct; or
(c) for
being absent from 4 or more consecutive meetings of the Board without leave of
the Board; or
(d) for
failure or incapacity to carry out official duties satisfactorily.
(4) The office of an associate member of the
Board becomes vacant if the member—
(a) dies;
or
(b) completes
a term of office and is not reappointed; or
(c) resigns
by written notice to the Minister; or
(d) is
removed from office under subsection (3).
13—Vacancies or defects in appointment of members
(1) An
act or proceeding of the Board is not invalid by reason only of a vacancy in
its membership or a defect in the appointment of a member.
(2) On
the office of an associate member of the Board becoming vacant, a person must
be appointed in accordance with this Act to the vacant office.
(1) The
presiding member will, if present at a meeting of the Board, preside at that
meeting, and in the absence of that member, the members present (and voting)
will decide who is to preside (and this person must be an ex officio
member of the Board).
(2) 3
of the 4 ex officio members of the Board constitute a quorum of the
Board.
(3) Each
ex officio member of the Board present at a meeting of the Board has 1
vote on a matter arising for decision at the meeting and, if these votes are
equal, the member of the Board presiding at the meeting may exercise a casting
vote.
(4) An
associate member of the Board does not have a vote at a meeting of the Board.
(5) A conference by telephone or other
electronic means between the members of the Board will, for the purposes of this
section, be taken to be a meeting of the Board at which the participating
members are present if—
(a) notice
of the conference is given to all members in the manner determined by the Board
for the purpose; and
(b) each
participating member is capable of communicating with every other participating
member during the conference.
(6) A proposed resolution of the Board becomes
a valid decision of the Board despite the fact that it is not voted on at a
meeting of the Board if—
(a) notice
of the proposed resolution is given to all members of the Board in accordance
with procedures determined by the Board; and
(b) a
majority of the ex officio members of the Board express concurrence in
the proposed resolution by letter, facsimile transmission, e-mail or other
written communication setting out the terms of the resolution.
(7) The
Board must have accurate minutes kept of its meetings.
(8) Subject
to this Act, the Board may determine its own procedures.
(1) A member of the Board who has a direct or
indirect personal or pecuniary interest in a matter decided or under
consideration by the Board—
(a) must,
as soon as reasonably practicable, disclose in writing to the Board full and
accurate details of the interest; and
(b) must
not take part in any discussion by the Board relating to that matter; and
(c) must
not vote in relation to that matter; and
(d) must be absent from the meeting room when
any such discussion or voting is taking place.
Maximum penalty: $20 000.
(2) Without
limiting the effect of this section, a member will be taken to have an interest
in a matter for the purposes of this section if an associate of the member has
an interest in the matter.
(3) This
section does not apply in relation to a matter in which a member has an
interest by virtue of being the Chief Officer of an emergency services
organisation.
(4) This
section does not apply in relation to a matter in which a member has an
interest while the member remains unaware that he or she has an interest in the
matter, but in any proceedings against the member the burden will lie on the
member to prove that he or she was not, at the material time, aware of his or
her interest.
(5) The
Minister may, by notice published in the Gazette, exempt a member
(conditionally or unconditionally) from the application of a provision of this
section, and may, by further notice published in the Gazette, vary or revoke
such an exemption.
(6) Non-compliance
by a member with a duty imposed by this section constitutes a ground for
removal of the member from office.
(7) If a member or former member is convicted
of an offence for a contravention of this section, the court by which the
person is convicted may, in addition to imposing a penalty, order the convicted
person to pay to the Minister—
(a) if
the court is satisfied that the person or any other person made a profit as a
result of the contravention—an amount equal to the profit; and
(b) if
the court is satisfied that any loss or damage has been suffered as a result of
the contravention—compensation for the loss or damage.
(8) If a member or former member is guilty of a
contravention of this section, the Minister may (whether or not proceedings
have been brought for the offence) recover from the person by action in a court
of competent jurisdiction—
(a) if
the person or any other person made a profit as a result of the contravention—an
amount equal to the profit; and
(b) if
any loss or damage has been suffered as a result of the contravention—compensation
for the loss or damage.
Division 4—Chief Executive and staff
(1) The
office of Chief Executive (CE) of the Commission is established.
(2) The CE—
(a) unless
otherwise determined by the Minister, must be a person with experience in the
provision of fire or emergency services; and
(b) will
be appointed by the Minister on conditions determined by the Minister for a
term, not exceeding 5 years, specified in the instrument of appointment (and,
at the expiration of a term of appointment, is eligible for reappointment).
(3) The CE is responsible for—
(a) managing
the staff and resources of the Commission; and
(b) giving
effect to the policies and decisions of the Board insofar as they relate to the
management of the Commission.
(4) The
Minister may, while the CE is absent from the duties of office or while the
position of CE is temporarily vacant, appoint a person to act in the office of
CE (on conditions determined by the Minister).
(5) A
person appointed under subsection (4) will not act as a deputy member of
the Board unless specifically appointed as a deputy of the CE under
section 11(4).
The staff of the Commission will comprise—
(a) persons
appointed by the Commission on terms and conditions determined by the
Commission and approved by the Commissioner for Public Employment;
(b) persons
employed in a public sector agency and made available to assist the Commission.
Division 5—Advisory Board and committees
(1) The
Minister must establish the Fire and Emergency Services Advisory Board (the Advisory
Board).
(2) The Advisory Board has the following
functions:
(a) to
provide to the Commission and the emergency service organisations advice on
matters relating to prevention, preparedness, response and recovery as part of
emergency management;
(b) to
provide to the Minister, the Commission and the emergency service organisations
advice on other matters within the emergency services sector, including matters
affecting volunteers;
(c) to
provide advice to—
(i) the
Minister on any matter referred by the Minister;
(ii) the
Commission on any matter referred by the Commission;
(iii) an
emergency services organisation on any matter referred by the organisation.
(3) The
members of the Advisory Board will be appointed by the Minister in accordance
with the regulations.
(4) The procedures to be observed in relation
to the conduct of the business of the Advisory Board will be—
(a) as
prescribed by the regulations;
(b) insofar
as the procedure is not determined under paragraph (a)—as determined by
the Minister;
(c) insofar
as the procedure is not determined under paragraph (a) or (b)—as
determined by the Advisory Board.
(5) If—
(a) the
Advisory Board provides written advice to the Minister; and
(b) the
Advisory Board, at the time of providing that advice or at some later time, by
notice in writing to the Minister, requests that a copy of the advice be tabled
in Parliament,
then the Minister must, within 6 sitting days after receiving the
request, have copies of the advice laid before both Houses of Parliament.
(6) The
Governor may, by regulation, provide for any other matter that may be relevant
to the processes or activities of the Advisory Board.
(1) The
Commission may establish such committees (including advisory committees) as the
Commission thinks fit.
(2) Subject
to any direction of the Minister, the membership of a committee will be
determined by the Commission.
(3) A
committee may, but need not, consist of, or include, members of the Board.
(4) The procedures to be observed in relation
to the conduct of the business of a committee will be—
(a) as
prescribed by the regulations;
(b) insofar
as the procedure is not determined under paragraph (a)—as determined by
the Commission;
(c) insofar
as the procedure it not determined under paragraph (a) or (b)—as
determined by the relevant committee.
(1) The Commission may delegate a power or
function under this or any other Act—
(a) to
a member of the Board; or
(b) to
a committee established by the Commission; or
(c) to
a person for the time being holding or acting in a particular office or
position; or
(d) to
any other person or body.
(2) A delegation under this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the ability of the Commission to act in any matter; and
(d) is
revocable at will by the Commission.
(3) A
power or function delegated under this section may, if the instrument of
delegation so provides, be further delegated.
Division 7—Accounts, audits and reports
(1) The Commission must—
(a) keep
proper accounting records in relation to its financial affairs, and have annual
statements of account prepared in respect of each financial year; and
(b) cause
consolidated statements of account for the emergency services sector to be
prepared in respect of each financial year.
(2) The
Auditor-General may at any time audit the accounts of the Commission or of the
emergency services sector and must audit the annual statements of account
required under this section.
(1) The
Commission must, on or before 31 October in each year, provide to the Minister
a report on the activities of the emergency services sector during the
preceding financial year (and need not provide a report under section 6A of the
Public Sector Management Act 1995).
(2) The report must—
(a) incorporate
the information contained in the annual reports of the emergency services
organisations for the relevant financial year; and
(b) include
the audited statements of account required under this Division; and
(c) include
any other information that would be required if the Commission were reporting
under the Public Sector Management Act 1995; and
(d) comply
with any other requirements prescribed by or under this Act or the regulations.
(3) The
Minister must, within 12 sitting days after receiving a report under this
section, have copies of the report laid before both Houses of Parliament.
Division 8—Common seal and execution of documents
23—Common seal and execution of documents
(1) The
common seal of the Commission must not be affixed to a document except in
pursuance of a decision of the Board and the affixing of the seal must be attested
by the signatures of 2 members of the Board.
(2) The
Commission may, by instrument under its common seal, authorise a member of the
Board, a member of the staff of the Commission (whether nominated by name or by
office or title) or any other person to execute documents on behalf of the
Commission subject to conditions and limitations (if any) specified in the
instrument of authority.
(3) Without
limiting subsection (2), an authority may be given so as to authorise 2 or
more persons to execute documents jointly on behalf of the Commission.
(4) A document is duly executed by the
Commission if—
(a) the
common seal of the Commission is affixed to the document in accordance with
this section; or
(b) the
document is signed on behalf of the Commission by a person or persons in
accordance with an authority conferred under this section.
(5) If
an apparently genuine document purports to bear the common seal of the
Commission, it will be presumed in any legal proceedings, in the absence of
proof to the contrary, that the common seal of the Commission has been duly
affixed to that document.
Part 3—The South Australian Metropolitan Fire Service
Division 1—Continuation of service
(1) The
South Australian Metropolitan Fire Service (SAMFS) continues in
existence.
(2) SAMFS—
(a) is
a body corporate; and
(b) has
perpetual succession and a common seal; and
(c) is
capable of suing and being sued in its corporate name; and
(d) has
all the powers of a natural person that are capable of being exercised by a
body corporate; and
(e) has
the functions and powers assigned or conferred by or under this or any other
Act.
(3) SAMFS
is an agency of the Crown and holds its property on behalf of the Crown.
(1) SAMFS consists of—
(a) the
Chief Officer of SAMFS; and
(b) all
other officers and firefighters of SAMFS; and
(c) all
other employees of SAMFS.
(2) The
Chief Officer of SAMFS is responsible for the management and administration of
SAMFS (and will, in undertaking this responsibility, also be the Chief
Executive of SAMFS).
(3) An
act done or decision made by the Chief Officer in the management or
administration of the affairs of SAMFS (including by exercising any power of
SAMFS under this or any other Act) is an act or decision of SAMFS.
Division 2—Functions and powers
(1) SAMFS has the following functions:
(a) to
provide services with a view to preventing the outbreak of fires, or reducing
the impact of fires, in any fire district;
(b) to
provide efficient and responsive services in any fire district for the purpose
of fighting fires, dealing with other emergencies or undertaking any rescue;
(c) to
protect life, property and environmental assets from fire or other emergencies
in any fire district;
(d) to
develop and maintain plans to cope with the effects of fires or emergencies in
any fire district;
(e) to
provide services or support to assist with recovery in the event of a fire or
other emergency in a fire district;
(f) to
perform any other function assigned to SAMFS by or under this or any other Act.
(2) SAMFS
may, for the purpose of performing its functions, exercise any powers that are
necessary or expedient for, or incidental to, the performance of its functions.
(3) SAMFS may, for example—
(a) enter
into any form of contract or arrangement;
(b) acquire,
hold, deal with and dispose of real and personal property;
(c) provide
and maintain appliances and equipment for fire stations and fire brigades;
(d) establish,
maintain or monitor alarm systems;
(e) make
representations and provide advice relating to fire safety or fire prevention;
(f) publish
or disseminate information.
Division 3—Chief Officer and staff
(1) The
office of Chief Officer of SAMFS is established (and a reference in this Part
to the "Chief Officer" will be a reference to the Chief Officer of
SAMFS).
(2) The
Chief Officer will be appointed by the Minister after taking into account the
recommendation of the CE of the Commission.
(3) The
Chief Officer will be appointed on terms and conditions determined by the
Minister after consultation with the Commissioner for Public Employment.
(4) In addition to the Chief Officer's
responsibility for the management and administration of SAMFS, the Chief
Officer has ultimate responsibility for the operations of SAMFS and may
therefore—
(a) control
all resources of SAMFS; and
(b) manage
the staff of SAMFS and give directions to its members; and
(c) assume
control of any SAMFS operations; and
(d) perform
any other function or exercise any other power that may be conferred by or
under this or any other Act, or that may be necessary or expedient for, or
incidental to, maintaining, improving or supporting the operation of SAMFS.
28—Deputy Chief Officer and Assistant Chief Officers
(1) The
Chief Officer may appoint a Deputy Chief Officer and 1 or more Assistant Chief
Officers.
(2) The
terms and conditions of an appointment under this section will be subject to
the approval of the Commissioner for Public Employment after consultation with
the Chief Officer and the Commission.
(3) The
Deputy Chief Officer (if appointed) or, if necessary, an Assistant Chief
Officer designated by the Minister, may, while the Chief Officer is absent from
the duties of office or while the position of Chief Officer is temporarily
vacant, perform and exercise the functions and powers of the Chief Officer (but
not so as to act as a deputy member of the Board unless specifically appointed
as deputy of the Chief Officer under section 11(4)).
29—Other officers and firefighters
(1) SAMFS
will have such other officers and firefighters as the Chief Officer thinks fit
to appoint.
(2) The following procedures will apply in relation
to appointments under this section:
(a) if
the Chief Officer wishes to appoint a person to a position under this section,
the Chief Officer must first nominate that person for appointment;
(b) the
Chief Officer must then give notice of the nomination to all officers and
firefighters who are of the same rank as, or of a lower rank than, the position
to which the Chief Officer wishes to make the appointment;
(c) an
officer or firefighter who is entitled to notice of the nomination under
paragraph (b) may, within 14 days after the notice is given, appeal
against the nomination to the District Court;
(d) the
Chief Officer may confirm the nomination if no appeal has been instituted under
paragraph (c) but if an appeal is so instituted then the Chief Officer
must comply with any direction given by the District Court in the matter;
(e) in
relation to an appeal instituted under paragraph (c)—
(i) the
District Court will sit with assessors selected in accordance with Schedule 1;
(ii) an
appellant may appear personally or be represented by a member of an industrial
association to which the appellant belongs or by a legal practitioner;
(iii) the
Chief Officer may appear personally or be represented by another officer of
SAMFS or, if an appellant is being represented by a legal practitioner, the
Chief Officer may also be represented by a legal practitioner;
(iv) the
District Court may, on hearing the appeal, confirm the appointment of the
person who has been nominated or direct the Chief Officer to revoke the
nomination and direct that an appellant be appointed to the position;
(v) in
making its decision on an appeal, the District Court must have regard to the
criteria (if any) relating to the appointment and promotion of officers or
firefighters that are contained in an award or industrial agreement that
applies in relation to the relevant position but, if no such criteria exist,
the Court must have regard to the qualifications, aptitude and conduct of the
person nominated for the position and of the appellant or appellants;
(vi) the
District Court may, in connection with the proceedings, award costs against
SAMFS but may not award costs against an appellant.
(3) For
the purposes of subsection (2), notice of a nomination will be taken to
have been given to an officer or firefighter if written notice of the
nomination has been displayed for not less than 7 days in a prominent place in
the fire station or workplace at which he or she is based.
(4) Subsection
(2) does not apply in relation to the appointment of a person to the lowest
rank in SAMFS.
(5) An
appointment under this section will be on terms and conditions determined by
the Chief Officer and approved by the Commission (subject to the provisions of
any award or industrial agreement).
(6) Nothing
in this section limits the ability of the Chief Officer to appoint a suitable
person to act in an office or position while the person appointed to that
office or position is absent or temporarily unable to act in that office or position,
or while that office or position is temporarily vacant.
(1) The
Chief Officer may appoint other persons as employees of SAMFS.
(2) An
appointment under this section will be on terms and conditions determined by
the Chief Officer and approved by the Commission (subject to the provisions of
any award or industrial agreement).
(1) The
staff of SAMFS will comprise all officers, firefighters and other employees of
SAMFS.
(2) A member of the staff of SAMFS must comply
with a direction of—
(a) the
Chief Officer; or
(b) an
officer—
(i) to
whom the member of staff is responsible by virtue of this Act; or
(ii) who
is in a position of authority over the member of staff by virtue of a
determination of the Chief Officer.
(3) In
addition, SAMFS may make use of the services of persons employed in any public
sector agency made available to assist SAMFS.
For the purposes of appointments to the
staff of SAMFS under this Division—
(a) the
Chief Officer must, at least once in every year, submit a workforce plan for
approval by the Commission; and
(b) the
Commission may approve a workforce plan submitted by the Chief Officer without
amendment, or with any amendments determined by the Commission after
consultation with the Chief Officer; and
(c) the
Chief Officer must not make an appointment under this Division unless it
accords with the workforce plan last approved by the Commission.
(1) The Chief Officer may delegate a power or
function of the Chief Officer or SAMFS under this or any other Act—
(a) to
a member of the staff of SAMFS or to a person made available to assist SAMFS;
or
(b) to
a committee established under this Act; or
(c) to
a person for the time being holding or acting in a particular office or
position; or
(d) to
any other person or body.
(2) A delegation under this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the ability of the Chief Officer to act in any matter; and
(d) is
revocable at will by the Chief Officer.
(3) A
power or function delegated under this section may, if the instrument of
delegation so provides, be further delegated.
(1) The
Chief Officer may establish a fire brigade within any fire district.
(2) A fire brigade established under this
section will be under the command of—
(a) the
Chief Officer; or
(b) a
commanding officer who is responsible to the Chief Officer for the discipline
and control of the fire brigade.
(3) The
Chief Officer may inspect any fire brigade established under this section at
any time.
Division 5—Fire and emergency safeguards
35—Interpretation and application
(1) In this Division—
authorised officer means a person authorised by the Chief Officer to exercise
the powers of an authorised officer under this Division;
emergency refers only to an emergency constituted of or arising from the
escape of any hazardous material, or a situation that involves imminent danger
of such escape;
occupier in respect of a public building, includes any person apparently
in charge of, or having the control and management of, the building;
public building includes any structure or place (whether
permanent or temporary or fixed or moveable) that is enclosed or partly
enclosed—
(a) to
which admission is open to members of the public or restricted to persons who
are members of a club or who possess any other qualification or characteristic
and whether admission is or is not procured by the payment of money or on any
other condition; or
(b) in
which persons work under a contract of service.
(2) This
Division applies only to a building, vehicle or place in a fire district.
36—Power to enter and inspect a public building
(1) The
Chief Officer or an authorised officer may enter and inspect a public building
for the purpose of determining whether there are adequate safeguards against,
or in the event of, fire or other emergency.
(2) The Chief Officer or authorised officer—
(a) may
exercise the powers conferred by subsection (1) at any reasonable time
including any time when the building is open to the public; and
(b) may,
if there is reason to believe that urgent action is required, use such force as
is reasonable in the circumstances to enter and inspect the public building.
37—Rectification where safeguards inadequate
(1) If, after having inspected a public
building, the Chief Officer or authorised officer is of the opinion that there
are not adequate safeguards against, or in the event of, fire or other
emergency as a result of—
(a) obstruction,
closing or locking of an aisle, corridor, door, gangway, lobby, passage, exit,
escape or any other means of egress from the building; or
(b) overcrowding
of the building; or
(c) non-compliance
with the requirements of this or any other Act,
he or she may do 1 or more of the following:
(d) using
such force as is reasonably necessary, cause the aisle, corridor, door,
gangway, lobby, passage, exit, escape or other means of egress from the
building to be cleared, opened or unlocked (as the case requires);
(e) in
the event of overcrowding, cause persons to be removed from the building;
(f) order
the occupier to take specified action to rectify the situation within a
specified period.
(2) A
rectification order may be given orally or by notice in writing served on the
occupier of the building.
(3) If
a rectification order is given orally, the Chief Officer or authorised officer
must as soon as practicable cause a written notice containing the order to be
served on the occupier of the building.
(4) If
a notice containing a rectification order is served on the occupier of the
building, the Chief Officer or authorised officer must as soon as practicable
cause a copy of the notice to be served on any authority established under
section 71(18) of the Development Act 1993 for the area in which
the building is situated.
(5) If
any matter or thing with respect to fire safety is regulated or required to be
done under the Development Act 1993, a person may not be ordered
under this section to do anything in relation to that matter or thing beyond
what is necessary to achieve compliance with the requirements under that Act.
(1) If, after having inspected a public
building, the Chief Officer or authorised officer is satisfied that the safety
of persons in the public building cannot reasonably be ensured by other means,
the Chief Officer or authorised officer—
(a) may
order the occupier of the building to close the building immediately and for
such period as the Chief Officer or authorised officer considers necessary (but
not exceeding 48 hours) for the alleviation of the danger; or
(b) may,
if a closure order cannot for any reason be given to the occupier, or if a
closure order, having been given to the occupier, is not immediately obeyed,
close the building for such period as the Chief Officer or authorised officer
considers necessary (but not exceeding 48 hours) for the alleviation of the
danger.
(2) A
closure order may be given orally or by notice in writing served on the
occupier of the building.
(3) If
a closure order is given orally, the Chief Officer or authorised officer must
as soon as practicable cause a written notice containing the order to be served
on the occupier of the building.
(4) If
a closure order cannot for any reason be given to the occupier of the building,
the Chief Officer or authorised officer must cause a written notice containing
the order to be affixed in a prominent place near the main entrance to the
building.
(5) The written notice containing a closure
order must—
(a) describe
the danger that, in the opinion of the Chief Officer or authorised officer,
necessitates closure of the building; and
(b) state
the period (not exceeding 48 hours) for which the building is to be closed.
(6) If
a notice containing a closure order is served on the occupier of the building,
the Chief Officer or authorised officer must as soon as practicable cause a
copy of the notice to be served on any authority established under section
71(18) of the Development Act 1993 for the area in which the
building is situated.
(7) When
the Chief Officer or authorised officer is satisfied that the danger has been
alleviated, he or she may rescind the order.
(8) If
the Chief Officer or authorised officer is of the opinion that the danger
cannot be, or has not been, alleviated within the period specified in the
order, he or she may, after having given prior notice of his or her intention
to do so to the occupier of the building, apply to the Magistrates Court for an
order directing the occupier to close or keep closed, as the case requires, the
building for such period as the Court considers necessary for the alleviation
of the danger.
(9) The Magistrates Court may, on an
application made under subsection (8)—
(a) grant
the order, subject to such conditions as the Court sees fit to impose; or
(b) refuse
to grant the order,
and make such other orders as it thinks fit.
(10) If
an application is made under subsection (8) while a building is closed
pursuant to this section, the closure of the building continues until the
application is determined or withdrawn.
(11) The
Chief Officer or authorised officer, or the occupier or owner of a building to
which an order under subsection (9) applies, may apply to the Magistrates
Court, at any time, for the order to be rescinded.
(12) The
Magistrates Court may, on an application made under subsection (11),
rescind or refuse to rescind the order to which that application relates and
make such other orders as it thinks fit.
39—Powers in relation to places at which danger of fire may exist
(1) The
Chief Officer or an authorised officer may, at any time and using such force as
is reasonably required in the circumstances, enter and inspect any building,
vehicle or place at or in which he or she has reason to believe explosives or
any hazardous, combustible or flammable materials or substances are being kept
or any conditions exist that are likely to be a source of danger to life or
property in the event of fire, or are likely to cause an outbreak of fire.
(2) If the Chief Officer or authorised officer
finds explosives or any hazardous, combustible or flammable materials or
substances that are being kept in an unsafe manner or finds any conditions that
are likely to be a source of danger to life or property in the event of fire,
or likely to cause an outbreak of fire, the Chief Officer or authorised officer
may—
(a) take
action himself or herself to alleviate the danger;
(b) order
the occupier or person apparently in charge of the building, vehicle or place
to take specified action within a specified period to alleviate the danger.
(3) An
order under this section may be given orally or by notice in writing served on
the occupier or person apparently in charge of the building, vehicle or place.
(4) If
an order under this section is given orally, the Chief Officer or authorised
officer must as soon as practicable cause a written notice containing the order
to be served on the occupier or person apparently in charge of the building,
vehicle or place.
(1) The
Chief Officer or an authorised officer may, when exercising powers conferred by
this Division, be accompanied by 1 or more members of SAMFS or police officers
as the Chief Officer or authorised officer thinks fit.
(2) A person must not fail to comply with—
(a) an
order given by the Chief Officer or an authorised officer under this Division;
or
(b) an order of the Magistrates Court under
this Division.
Maximum penalty: $5 000.
Division 6—Powers and duties relating to fires and emergencies
Subdivision 1—Exercise of control at scene of fire or other emergency
41—Exercise of control at scene of fire or other emergency
(1) This
section applies in relation to any situation that may involve an emergency.
(2) If—
(a) the
situation—
(i) involves
or arises from—
(A) a
fire or a situation that involves imminent danger of fire; or
(B) the
escape of any hazardous material or a situation that involves imminent danger
of such an escape,
that occurs—
(C) in
a fire district; or
(D) on
a vessel; or
(E) in
the country in a situation where no member of SACFS has assumed control under
Part 4; or
(ii) involves
or arises from any other emergency or the imminent danger of any other
emergency, wherever occurring, at which a person with lawful authority to
assume control has not done so; and
(b) an
SAMFS brigade has attended,
then the highest ranking officer of SAMFS in attendance may assume
control (and all members of the brigade, and all other persons present at the
scene, will be subject to his or her control).
(3) Nothing in this section—
(a) derogates
from the powers of the Chief Officer of SAMFS to assume control of any
operations; or
(b) prevents
a member of SAMFS who has taken control of any operations surrendering control
of those operations to any other person or body; or
(c) prevents
another person or body with lawful authority to do so assuming control at the
scene of any emergency.
(4) This
section operates subject to the provisions of the Emergency Management Act
2004.
Subdivision 2—Exercise of powers at scene of fire or other emergency
(1) An
officer of SAMFS may take, or cause to be taken, any action that appears
necessary or desirable for the purpose of protecting the life, health or safety
of any person or animal, or protecting property, relevant services or the
environment, or for any other purpose associated with dealing with a fire or
other emergency or the threat of a fire or other emergency (despite the fact
that the action may result in damage to, or destruction of, property or any
aspect of the environment or cause pecuniary loss to any person).
(2) Without limiting or derogating from the
operation of subsection (1), an officer under subsection (1), or any person
acting under the command of an officer, may (to such extent as appears
necessary or desirable in the circumstances)—
(a) enter
and, if necessary, break into any land, building, structure or vehicle (using
such force as is necessary);
(b) take
possession of, protect or assume control over any land, body of water,
building, structure, vehicle or other thing;
(c) remove
or destroy, or order the destruction of, any building, structure, vehicle,
vegetation or seriously injured animal;
(d) direct
the owner of, or the person for the time being in charge of, any real or
personal property to place it under the control or at the disposition of a
specified person;
(e) remove,
or cause to be removed, to such place as the officer or other person thinks
fit, any person or animal, or direct the evacuation or removal of any person or
animal;
(f) direct
or prohibit the movement of persons, animals or vehicles;
(g) remove
flammable material or any other hazardous material, or cause flammable material
or any other hazardous material to be removed, from any place, building or
structure;
(h) cause
any supply of fuel or other flammable liquid, any gas or electricity, or any
other hazardous material, to be shut off or disconnected;
(i) direct
a person who is in a position to do so—
(i) to
stop any work or operation; or
(ii) to
close any premises or other place; or
(iii) to
contain the escape of any hazardous material, or to nullify the effects of the
escape of any hazardous material; or
(iv) to
shut off or remove any plant, equipment, apparatus or device or to perform any
operation in relation to any plant, equipment, apparatus or device;
(j) take
and use water or any other fire extinguishing material from any place;
(k) shut
off, or cut off, the supply of water or any drainage facility;
(l) make
use of the gratuitous services of any person;
(m) direct,
insofar as may be reasonably necessary in the circumstances, any person to
assist in the exercise of any power under this section;
(n) cause
another fire to be lit (despite any other provision of this Act);
(o) exercise
any prescribed power.
(3) In
the absence of an officer, the powers of an officer under subsection (1)
or (2) may be exercised by a firefighter.
(4) A person must not, without reasonable
excuse, refuse or fail to comply with a requirement or direction of an officer
of SAMFS or of any other person given in accordance with subsection (1) or
(2).
Maximum penalty:
(a) if
the offender is a body corporate—$75 000;
(b) if
the offender is a natural person—$20 000.
(5) If
an officer of SAMFS in control at the scene of a fire or other emergency
engages a contractor to demolish, contain, neutralise, dispose of or remove any
dangerous or hazardous structure, object, substance or materials, the costs of
engaging the contractor are recoverable by SAMFS as a debt from the owner of
the dangerous structure, object, substance or materials in a court of competent
jurisdiction.
(6) If
any proceedings under subsection (5), a certificate apparently signed by
the Chief Officer certifying the costs of engaging the contractor is, in the
absence of proof to the contrary, to be accepted as proof of the costs so
certified.
(7) This
section operates subject to the provisions of the Emergency Management Act
2004.
(1) A
water authority for an area in which a fire or other emergency has occurred, or
is in imminent danger of occurring, must, at the direction of a person who is
lawfully dealing with the situation under this Division, send a competent person
to assist in the provision of water.
(2) In this section—
water authority means a body brought within the ambit of this definition by the
regulations.
44—Disconnection of gas or electricity
A person or company supplying gas or electricity to any premises
or other place where a fire or other emergency has occurred, or is in imminent
danger of occurring, must, at the direction of a person who is lawfully dealing
with the situation under this Division, send a competent person to shut off or
disconnect the supply of gas or electricity to the premises or other place, or
to any adjacent premises or place (and the person so attending must then comply
with any direction that may be given in the exercise of powers under this
Division).
Subdivision 1—The Disciplinary Committee
45—The South Australian Metropolitan Fire Service Disciplinary Committee
(1) The
South Australian Metropolitan Fire Service Disciplinary Committee
continues in existence.
(2) The Committee will consist of the following
members appointed by the Governor:
(a) a
legal practitioner of not less than 7 years standing who will be the presiding
member and will be appointed on the nomination of the Minister;
(b) an
officer appointed on the nomination of the Chief Officer of SAMFS;
(c) an
officer appointed on the nomination of UFU;
(d) a
firefighter appointed on the nomination of UFU.
(3) The
Minister must consult the Chief Officer and UFU before nominating the presiding
officer.
(4) For the purpose of hearing a complaint against
a member of SAMFS the Committee will be constituted of—
(a) the
presiding member; and
(b) the
member nominated by the Chief Officer; and
(c) —
(i) if
the person whose conduct is the subject of the complaint is an officer—the
officer nominated by UFU; or
(ii) if
the person whose conduct is the subject of the complaint is a firefighter—the
firefighter nominated by UFU.
(5) A
question arising before the Committee will be determined in accordance with the
opinion of a majority of the members constituting the Committee.
(6) A
person against whom a complaint has been made by the Chief Officer to the
Committee may, if he or she wishes, be represented before the Committee by a
member of the industrial association to which he or she belongs or, with approval
of the Committee, by a legal practitioner.
(7) If
the person against whom a complaint has been made by the Chief Officer to the
Committee is represented before the Committee by a legal practitioner, the
Chief Officer may be represented in those proceedings by a legal practitioner
but otherwise the Chief Officer will be represented by an officer of SAMFS.
(8) The
Committee may order SAMFS to pay such allowances and expenses as the Committee
thinks fit to a person (other than a person who is a party to proceedings
before the Committee) who has attended and given evidence in proceedings before
the Committee and the amount ordered to be paid may be recovered from SAMFS as
a debt.
(9) A
member of the Committee shall be entitled to such remuneration, allowances and
expenses as are determined by the Governor.
Subdivision 2—Disciplinary proceedings
46—Chief Officer may reprimand
If, after making a full inquiry, the Chief Officer is satisfied
that an officer or firefighter of SAMFS has been guilty of misconduct, the
Chief Officer may reprimand the officer or firefighter.
47—Proceedings before Disciplinary Committee
(1) The
Disciplinary Committee will, on complaint made by the Chief Officer,
investigate any alleged misconduct on the part of an officer or firefighter of
SAMFS or, if an officer or firefighter has been convicted of an offence
punishable by imprisonment, determine what penalty (if any) should be imposed
on the officer or firefighter in relation to the conduct that comprised the
offence.
(2) If the Committee finds that an officer or
firefighter has been guilty of misconduct or has been convicted of an offence
punishable by imprisonment, it may impose 1 or more of the following penalties:
(a) it
may reprimand him or her;
(b) it
may reduce him or her in rank for a period determined by the Committee;
(c) it
may suspend him or her from office with, or without, pay;
(d) it
may dismiss him or her.
48—Suspension pending hearing of complaint
(1) The
Chief Officer may suspend from office an officer or firefighter against whom
the Chief Officer has made a complaint to the Disciplinary Committee.
(2) A
person suspended under subsection (1) will be suspended on full pay and
the suspension will not operate after the complaint has been finally determined
by the Committee or the District Court.
(1) An
officer or firefighter who is aggrieved by a decision of the Disciplinary
Committee or the Chief Officer pursuant to Subdivision 2 may appeal to the
District Court.
(2) An
appeal must be instituted within 14 days of the decision appealed against.
(3) The
Chief Officer is entitled to appear and be heard on an appeal.
50—Representation of parties and costs
(1) In any proceedings before the District
Court on an appeal—
(a) the
appellant may appear personally or be represented by a member of an industrial
association to which the appellant belongs or by a legal practitioner;
(b) the
Chief Officer may appear personally or be represented by another officer of
SAMFS or, if the appellant is represented by a legal practitioner, the Chief
Officer may also be represented by a legal practitioner.
(2) The
District Court may, in proceedings before it under this subdivision, award
costs against SAMFS but may not award costs against the appellant.
51—Participation of assessors in appeals
In any proceedings under this subdivision, the District Court will
sit with assessors selected in accordance with Schedule 1.
(1) SAMFS
must keep proper accounting records in relation to its financial affairs, and
have annual statements of account prepared in respect of each financial year.
(2) The
Auditor-General must audit the annual statements of account required under this
section.
(1) SAMFS
must, on or before 30 September in each year, deliver to the Commission a
report on the activities of SAMFS during the preceding financial year (and need
not provide a report under section 6A of the Public Sector Management
Act 1995).
(2) The report must—
(a) include
the audited statements of account required under this Division; and
(b) include
any other information that would be required if SAMFS were reporting under the Public
Sector Management Act 1995; and
(c) comply
with any other requirements prescribed by or under this Act or the regulations.
54—Common seal and execution of documents
(1) The Chief Officer may—
(a) execute
a document on behalf of SAMFS; and
(b) affix
the common seal of SAMFS to a document.
(2) The
Chief Officer may, by instrument in writing, authorise another person to
exercise a power under subsection (1) subject to conditions and
limitations (if any) specified in the instrument for authority.
(3) Without
limiting subsection (2), an authority may be given so as to authorise 2 or
more persons to execute documents jointly on behalf of SAMFS.
(4) A document is duly executed by SAMFS if—
(a) the
common seal of SAMFS is affixed to the document in accordance with this section;
or
(b) the
document is signed on behalf of SAMFS by a person or persons in accordance with
any authority conferred under this section.
(5) Where
an apparently genuine document purports to bear the common seal of SAMFS, it
will be presumed in any legal proceedings, in the absence of proof to the
contrary, that the common seal of SAMFS has been duly affixed to that document.
The associations comprising UFU are recognised as associations
that represent the interests of career firefighters.
56—Fire prevention on private land
(1) In this section—
authorised person means an authorised person under the Local Government
Act 1999;
flammable undergrowth includes undergrowth that is likely to become flammable.
(2) If
a council believes that conditions on private land in a fire district are such
as to cause an unreasonable risk of the outbreak of fire on the land, or the
spread of fire through the land, due to the presence of flammable undergrowth
or other flammable or combustible materials or substances, the council may, by
notice in writing that complies with any prescribed requirement, require the
owner to take specified action to remedy the situation within such time as may
be specified in the notice.
(3) A
notice under subsection (2) may include directions concerning the storage of
flammable or combustible materials or substances on the land (or in a building
on the land).
(4) A person to whom a notice under subsection
(2) is addressed must not fail to comply with the notice.
Maximum penalty:
(a) in
the case of a person who wilfully fails to comply with a notice—$10 000;
(b) in any other case—$1 250.
Expiation fee: except in the case of a person who wilfully fails
to comply with a notice—$160.
(5) The
council may, by further notice in writing, vary or revoke a notice under this
section.
(6) A notice under subsection (2) or (5) may be
given—
(a) personally;
or
(b) by
post; or
(c) if
the council cannot, after making reasonable inquiries, ascertain the name and
address of the person to whom the notice is to be given—
(i) by
publishing the notice in a newspaper circulating in the area of the land; and
(ii) by
leaving a copy of the notice in a conspicuous place on the land.
(7) If
a notice under subsection (2) or (5) is directed to the occupier of land, the
council must take reasonable steps to serve a copy of the notice on the owner.
(8) Service under subsection (7) may be
effected—
(a) personally;
or
(b) by
post.
(9) An
authorised person may, for purposes connected with the administration or
enforcement of this section, after giving reasonable notice to the occupier of
land, enter and inspect the land.
(10) If
a person fails to comply with the requirements of a notice under this section,
the council may proceed to carry out those requirements and may recover the
expenses incurred as a debt due to it from the person to whom the notice was
addressed.
(11) Any
expenses recoverable under subsection (10) will be a charge against the
land to which they relate and may be recovered as if they were rates in
arrears.
(12) A
person to whom notice is addressed may appeal against a requirement of the
notice to the District Court.
(13) An
appeal must be instituted within 14 days of the requirement being imposed.
(14) The
appellant must send a copy of the notice of appeal to the council that issued
the notice to which the appeal relates.
(15) If the District Court confirms, varies or
substitutes a requirement, the person to whom the requirement is addressed must
comply with the requirement within a period specified by the District Court.
Maximum penalty: $10 000 or imprisonment for 2 years.
Part 4—The South Australian Country Fire Service
Division 1—Continuation of service
(1) The
Country Fire Service continues in existence as the South Australian Country
Fire Service (SACFS).
(2) SACFS—
(a) is
a body corporate; and
(b) has
perpetual succession and a common seal; and
(c) is
capable of suing and being sued in its corporate name; and
(d) has
all the powers of a natural person that are capable of being exercised by a
body corporate; and
(e) has
the functions and powers assigned or conferred by or under this or any other
Act.
(3) SACFS
is an agency of the Crown and holds its property on behalf of the Crown.
(1) SACFS consists of—
(a) the
Chief Officer of SACFS; and
(b) all
other officers of SACFS; and
(c) all
SACFS organisations and all members of SACFS organisations; and
(d) all
employees of SACFS.
(2) The
Chief Officer of SACFS is responsible for the management and administration of
SACFS (and will, in undertaking this responsibility, also be the Chief
Executive of SACFS).
(3) An
act done or decision made by the Chief Officer in the management or
administration of the affairs of SACFS (including by exercising any power of
SACFS under this or any other Act) is an act or decision of SACFS.
Division 2—Functions and powers
(1) SACFS has the following functions:
(a) to
provide services with a view to preventing the outbreak of fires, or reducing
the impact of fires, in the country;
(b) to
provide efficient and responsive services in the country for the purpose of
fighting fires, dealing with other emergencies or undertaking any rescue;
(c) to
protect life, property and environmental assets from fire and other emergencies
occurring in the country;
(d) to
develop and maintain plans to cope with the effects of fires or emergencies in
the country;
(e) to
provide services or support to assist with recovery in the event of a fire or
other emergency in the country;
(f) to
perform any other function assigned to SACFS by or under this or any other Act.
(2) SACFS
may, for the purpose of performing its functions, exercise any powers that are
necessary or expedient for, or incidental to, the performance of its functions.
(3) SACFS may, for example—
(a) enter
into any form of contract or arrangement;
(b) acquire,
hold, deal with and dispose of real and personal property;
(c) provide
and maintain appliances and equipment for SACFS organisations;
(d) establish,
maintain or monitor alarm systems;
(e) make
representations and provide advice relating to fire safety or fire prevention;
(f) publish
or disseminate information.
Division 3—Chief Officer and staff
(1) The
office of Chief Officer of SACFS is established (and a reference in this Part
to the "Chief Officer" will be a reference to the Chief Officer of
SACFS).
(2) The
Chief Officer will be appointed by the Minister after taking into account the
recommendation of the CE of the Commission.
(3) The
Chief Officer will be appointed on terms and conditions determined by the
Minister after consultation with the Commissioner for Public Employment.
(4) In addition to the Chief Officer's
responsibility for the management and administration of SACFS, the Chief
Officer has ultimate responsibility for the operations of SACFS and may
therefore—
(a) control
all resources of SACFS; and
(b) manage
the staff of SACFS and give directions to its members; and
(c) assume
control of any SACFS operations; and
(d) perform
any other function or exercise any other power that may be conferred by or
under this or any other Act, or that may be necessary or expedient for, or
incidental to, maintaining, improving or supporting the operation of SACFS.
61—Deputy Chief Officer and Assistant Chief Officers
(1) The
Chief Officer may appoint a Deputy Chief Officer and 1 or more Assistant Chief
Officers.
(2) The
terms and conditions of an appointment under this section will be subject to
the approval of the Commissioner for Public Employment after consultation with
the Chief Officer and the Commission.
(3) The
Deputy Chief Officer (if appointed) or, if necessary, an Assistant Chief
Officer designated by the Minister, may, while the Chief Officer is absent from
the duties of office or while the position of Chief Officer is temporarily
vacant, perform and exercise the functions and powers of the Chief Officer (but
not so as to act as a deputy member of the Board unless specifically appointed
as deputy of the Chief Officer under section 11(4)).
(1) SACFS
will have such other officers (other than officers who hold office as volunteer
members of SACFS organisations) as the Chief Officer thinks fit to appoint.
(2) An
appointment under this section will be on terms and conditions determined by
the Chief Officer and approved by the Commission (subject to the provisions of
any award or industrial agreement).
(3) Nothing
in this section limits the ability of the Chief Officer to appoint a suitable
person to act in an office or position while the person appointed to that
office or position is absent or temporarily unable to act in that office or
position, or while that office or position is temporarily vacant.
(1) The
Chief Officer may appoint other persons as employees of SACFS.
(2) An
appointment under this section will be on terms and conditions determined by
the Chief Officer and approved by the Commission (subject to the provisions of
any award or industrial agreement).
(1) The
staff of SACFS will comprise all officers (being officers appointed to the
staff of SACFS rather than being volunteer members of SACFS organisations) and
other employees of SACFS.
(2) A member of the staff of SACFS must comply
with a direction of—
(a) the
Chief Officer; or
(b) an
officer—
(i) to
whom the member of staff is responsible by virtue of this Act; or
(ii) who
is in a position of authority over the member of staff by virtue of a
determination of the Chief Officer.
(3) In
addition, SACFS may make use of persons employed in any public sector agency
made available to assist SACFS.
For the purposes of appointments to the
staff of SACFS under this Division—
(a) the
Chief Officer must, at least once in every year, submit a workforce plan for
approval by the Commission; and
(b) the
Commission may approve a workforce plan submitted by the Chief Officer without
amendment, or with any amendments determined by the Commission after
consultation with the Chief Officer; and
(c) the
Chief Officer must not make an appointment under this Division unless it
accords with the workforce plan last approved by the Commission.
(1) The Chief Officer may delegate a power or
function of the Chief Officer or SACFS under this or any other Act—
(a) to
a member of the staff of SACFS or to a person made available to assist SACFS;
or
(b) to
a member of an SACFS organisation; or
(c) to
a committee established under this Act; or
(d) to
a person for the time being holding or acting in a particular office or
position; or
(e) to
any other person or body.
(2) A delegation under this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the ability of the Chief Officer to act in any matter; and
(d) is
revocable at will by the Chief Officer.
(3) A
power or function delegated under this section may, if the instrument of
delegation so provides, be further delegated.
The Chief Officer may, by notice in the
Gazette—
(a) declare
any part of the country to be an SACFS region;
(b) assign
a name to any such region;
(c) vary
or revoke any such notice.
Division 5—Organisational structure
68—Establishment of SACFS organisations
(1) The Chief Officer may, by notice in the
Gazette—
(a) establish
an SACFS brigade;
(b) establish
an SACFS group in relation to 2 or more SACFS brigades within a region.
(2) An
SACFS organisation will have a constitution that accords with any requirements
prescribed by the regulations or determined by the Chief Officer.
(3) The
constitution of an SACFS organisation may be amended, with the approval of the
Chief Officer, in the manner set out in the constitution.
(4) An SACFS organisation—
(a) has
the functions and powers prescribed by this Act or the regulations or set out
in its constitution; and
(b) has
such other functions or powers as may be assigned to it by the Chief Officer.
(5) An SACFS organisation must—
(a) maintain
such records as may be prescribed, specified by its constitution, or required
by the Chief Officer; and
(b) furnish
to the Chief Officer, in a manner and form determined by the Chief Officer, any
information required by the Chief Officer.
(6) The
mutual relationship of SACFS organisations and their obligations to each other
will, subject to this Act, be determined by the Chief Officer.
(7) The
Chief Officer may, by notice in the Gazette, dissolve an SACFS organisation.
(8) The
Chief Officer must, in determining whether or not to dissolve an SACFS
organisation, consult with the members of the organisation.
69—South Australian Volunteer Fire-Brigades Association
(1) The
South Australian Volunteer Fire-Brigades Association is recognised as an
association that represents the interests of members of SACFS organisations.
(2) The
association may take such steps as may be reasonably available to it to advance
the interests of members of SACFS organisations.
(3) The association—
(a) is
a body corporate; and
(b) has
full juristic capacity to exercise any powers that are by their nature capable
of being exercised by a body corporate.
(1) There will be the following officers:
(a) for
each SACFS region there will be a regional officer;
(b) for
each SACFS group there will be a group officer;
(c) for
each SACFS brigade there will be a brigade captain.
(2) A
regional officer will be appointed by the Chief Officer.
(3) A
group officer will be elected, in accordance with procedures prescribed by the
regulations, by representatives of the various brigades that make up the group.
(4) A
brigade captain will be elected, in accordance with procedures prescribed by
the regulations, by the members of the brigade.
(5) A
person is not eligible to be elected as a group officer or brigade captain if
he or she is an employee of SACFS.
(6) Subject
to subsection (7), there will be such other officers within the SACFS
command structure as the regulations may prescribe or as the Chief Officer
thinks fit to appoint.
(7) The
Chief Officer, or the regulations, may provide for the election of persons to
fill certain ranks in SACFS.
(8) An
election to a rank in SACFS cannot take effect until approved by the Chief
Officer.
(9) The
relative authority of each officer and member of SACFS will be in accordance
with a command structure determined by the Chief Officer.
(10) Each
officer or member of SACFS must recognise the authority and obey the directions
of an officer to whom that officer or member is subordinate.
(11) The Chief Officer may, on reasonable grounds—
(a) demote
a person who holds a particular rank in SACFS;
(b) disqualify
a person from holding a rank in SACFS;
(c) disqualify
a person from membership of SACFS;
(d) exercise
any other disciplinary power in accordance with the regulations.
(12) Before
taking action against a person under subsection (11), the Chief Officer
must give the person a reasonable opportunity to appear before the Chief
Officer (either personally or through his or her representative) and to make
submissions in relation to the proposed course of action.
Division 7—Fire prevention authorities
Subdivision 1—The South Australian Bushfire Prevention Advisory Committee
71—The South Australian Bushfire Prevention Advisory Committee
(1) The
South Australian Bushfire Prevention Advisory Committee continues in
existence.
(2) The Advisory Committee consists of—
(a) the
Chief Officer of SACFS; and
(b) the
following members appointed by the Governor:
(i) 2
representatives of local government nominated by the LGA;
(ii) a
nominee of the South Australian Volunteer Fire-Brigades Association;
(iii) a
nominee of the South Australian Farmers Federation Incorporated;
(iv) a
nominee of the Conservation Council of South Australia;
(v) a
nominee of the Minister, being a person with expertise in bushfire prevention;
(vi) a
nominee of the Minister responsible for the administration of the National
Parks and Wildlife Act 1972, being an officer of the National Parks
and Wildlife Service;
(vii) a
nominee of the Minister with primary responsibility for forests;
(viii) a
nominee of the Minister with primary responsibility for water resources;
(ix) a
nominee of the Minister with primary responsibility for agriculture;
(x) a
nominee of the Minister responsible for the administration of the Electricity
Act 1996;
(xi) a
nominee of SAMFS;
(xii) a
nominee of the Bureau of Meteorology.
(3) The
Governor may appoint a suitable person to be a deputy of a member of the
Advisory Committee.
(4) 1
of the members of the Advisory Committee will be appointed by the Governor to
be its presiding member.
(5) Schedule
3 applies in relation to the Advisory Committee.
72—The Advisory Committee's functions
The Advisory Committee has the following
functions:
(a) to
advise the Minister on bushfire prevention in the country;
(b) to
provide a forum for discussion of issues relating to bushfire prevention;
(c) to
advise the Minister on matters referred to the Advisory Committee for advice;
(d) to
carry out any other function assigned to the Advisory Committee by the
regulations.
Subdivision 2—Regional and district bushfire prevention committees
73—Regional bushfire prevention committees
(1) The
Chief Officer may, by notice in the Gazette, establish a regional bushfire
prevention committee in relation to an SACFS region.
(2) A regional bushfire prevention committee
will consist of—
(a) the
regional officer for that region; and
(b) the
following members appointed by the Chief Officer:
(i) 2
representatives of SACFS groups in the region, selected in accordance with the
regulations; and
(ii) 2
representatives of the councils whose areas lie wholly or partially within the
region, selected by those councils in accordance with the regulations; and
(iii) a
nominee of the South Australian Farmers Federation Incorporated; and
(iv) a
nominee of the Conservation Council of South Australia; and
(v) a
nominee of the Minister responsible for the administration of the National
Parks and Wildlife Act 1972, being an officer of the National Parks
and Wildlife Service; and
(vi) if
there is a forest reserve (or part of a forest reserve) within the region—a
nominee of the Minister with primary responsibility for forests; and
(vii) any
person nominated under subsection (3).
(3) The
Chief Officer may, at the request of a regional bushfire prevention committee,
appoint to the committee a nominee of any other organisation or agency that, in
the opinion of the committee, should be represented on the committee.
(4) The
Chief Officer may appoint a suitable person to be a deputy of a member of a
regional bushfire prevention committee.
(5) The
Chief Officer may, by notice in the Gazette, dissolve a regional bushfire
prevention committee established under this section.
(6) Schedule
4 applies in relation to a regional bushfire prevention committee.
74—Functions of regional committees
(1) A regional bushfire prevention committee
has the following functions:
(a) to
assess the extent of fire hazards within its region;
(b) to
co-ordinate bushfire prevention planning for its region;
(c) to
make recommendations to the appropriate authorities in relation to the carrying
out of works to prevent the outbreak or spread of bushfires in its region, or
on land adjacent to its region;
(d) to
consult with other committees in adjacent regions and to co-operate with
district bushfire prevention committees in its region;
(e) to
advise the Advisory Committee on any matters that should, in the opinion of the
committee, be brought to the attention of the Advisory Committee;
(f) to
carry out any other functions assigned to the committee by the regulations.
(2) A
regional bushfire prevention committee must, in the preparation of plans and
the making of recommendations under subsection (1)(c), take into account
proper land management principles.
75—District bushfire prevention committees
(1) A
rural council, or 2 or more rural councils acting together, must, by notice in
the Gazette, establish a district bushfire prevention committee in relation to
its area or their areas.
(2) A district bushfire prevention committee
will consist of—
(a) the
fire prevention officer or officers of the council or councils; and
(b) the
following persons appointed by the council or councils:
(i) 1
representative of each SACFS brigade operating in the area or areas, selected
in accordance with the regulations; and
(ii) 2
representatives of the council, or of each council; and
(iii) if
there is a reserve (or part of a reserve) administered under the National
Parks and Wildlife Act 1972 within the area or areas—an officer of the
National Parks and Wildlife Service nominated by the Minister responsible for
the administration of that Act; and
(iv) if
there is a forest reserve (or part of a forest reserve) within the area or
areas—a nominee of the Minister with primary responsibility for forests; and
(v) any
person nominated under subsection (3).
(3) The
council or councils may, at the request of the district bushfire prevention
committee, appoint to the committee a nominee of any other organisation or
agency that, in the opinion of the committee, should be represented on the
committee.
(4) The
council or councils may appoint a suitable person to be a deputy of a member of
a district bushfire prevention committee.
(5) A
council may, by notice in the Gazette, dissolve a district bushfire prevention
committee established under this section (but in that event the council must
undertake, or participate in, the establishment of a new committee).
(6) The
Chief Officer may, after consultation with a rural council, exempt a council
from a requirement of this section.
(7) Schedule
4 applies in relation to a district bushfire prevention committee.
76—Functions of district committees
(1) A district bushfire prevention committee
has the following functions:
(a) to
assess the extent of fire hazards within its area;
(b) to
advise the appropriate authorities of the existence of fire hazards within its
area and to make recommendations in relation to their removal;
(c) to
prepare plans for bushfire prevention within its area;
(d) to
consult with other committees in adjacent areas and to co-operate with any
regional bushfire prevention committee whose region includes its area;
(e) to
advise the council or councils, the Chief Officer, the Advisory Committee, any
regional bushfire prevention committee whose region includes its area, and any
other appropriate authority, on bushfire prevention in its area;
(f) to
carry out any other functions assigned to the committee by the regulations.
(2) A
district bushfire prevention committee must, in the preparation of bushfire
prevention plans under subsection (1)(c), take into account proper land
management principles.
Subdivision 3—Fire prevention officers
(1) Subject
to this section, each rural council must appoint a suitably qualified fire
prevention officer for its area.
(2) A
rural council may appoint 1 or more assistant fire prevention officers.
(3) The
office of fire prevention officer or assistant fire prevention officer may be
held in conjunction with any other office or position on the staff of the
council.
(4) A
fire prevention officer may delegate powers or functions under this Act
(including, as may be appropriate, delegated powers or functions).
(5) A
delegation under subsection (4) is revocable at will and does not derogate
from the powers of the delegator to act in any matter.
(6) The
Chief Officer may, after consultation with a rural council, exempt a council
from a requirement of this section.
Subdivision 1—Fire danger season
(1) The Chief Officer may, by order—
(a) fix
a fire danger season in relation to the whole, or any part, of the State; or
(b) revoke
any such order previously made.
(2) A
fire danger season will only be fixed under subsection (1) after consultation
with the appropriate regional bushfire prevention committee or committees (if
any).
(3) An
order under this section must be published in the Gazette and in a newspaper
circulating generally throughout the State, or in the locality to which the
order relates.
79—Fires during fire danger season
(1) Subject to subsection (2), a person must
not light or maintain a fire in the open air during the fire danger season.
Maximum penalty:
(a) for
a first offence—$5 000 or imprisonment for 1 year;
(b) for a second or subsequent offence—$10 000
or imprisonment for 2 years.
Expiation fee: if the offence is a prescribed offence—$210.
(2) A fire may, subject to any other
restrictions imposed under this or any other Act, be lighted or maintained in
the open air in the following circumstances:
(a) a
fire for cooking or personal comfort may be lighted or maintained provided that—
(i) the
fire is contained in a properly constructed fire place, a portable cooking
appliance or a trench at least 30 cm deep; and
(ii) the
space immediately around and above the fire is cleared of all flammable
material to a distance of at least 4 metres; and
(iii) the
fire does not occupy an area in excess of one square metre; and
(iv) a
person who is able to control the fire is present at the site of the fire from
the time it is lighted to the time it is completely extinguished; and
(v) an
appropriate agent adequate to extinguish the fire is at hand;
(b) a
fire for the burning of refuse may be lighted or maintained provided that—
(i) the
fire is contained within a properly constructed incinerator; and
(ii) the
space immediately around and above the fire is cleared of all flammable
material to a distance of at least 4 metres; and
(iii) a
supply of water adequate to extinguish the fire is at hand; and
(iv) a
person who is able to control the fire is present at the site of the fire from
the time it is lighted to the time it is completely extinguished;
(c) a
fire for heating bitumen, welding, gas-cutting, soldering, grinding or charring
may be lighted or maintained provided that—
(i) a
shield or guard of fire-resistant material is positioned around the fire to
prevent the escape of sparks, hot metal or slag; and
(ii) the
space immediately around and above the fire is cleared of all flammable
material to a distance of at least 4 metres, or wetted sufficiently to prevent the
spread of fire; and
(iii) a
supply of water adequate to extinguish the fire is at hand; and
(iv) if
any equipment is removed from the fire, the equipment is immediately placed in
a fire-proof receptacle; and
(v) a
person who is able to control the fire is present at the site of the fire from
the time it is lighted to the time it is completely extinguished;
(d) a
fire may be lighted and maintained in accordance with the conditions of a
permit;
(e) a
fire may be lighted and maintained in accordance with the regulations.
(3) The Chief Officer may, by notice in the
Gazette—
(a) prohibit
or restrict the lighting and maintaining of fires under subsection (2)(a), (b)
or (c) in the whole or a specified part of the State;
(b) vary
or revoke any such prohibition or restriction.
(4) A
prohibition or restriction will not be imposed under subsection (3) except
after consultation with the councils for the areas affected by it.
(5) The
fact that a person has lit and maintained a fire under subsection (2) does not
of itself relieve the person from liability for any loss or damage caused by
the fire.
(1) The
Chief Officer may at any time of the year impose a ban (a total fire ban)
on the lighting or maintaining of fires in the open air for any purpose on a
specified day or days, or during any specified part or parts of a day or days,
throughout the whole State, or any specified part of the State.
(2) The
Chief Officer must arrange to have a warning of the imposition of a total fire
ban under this section broadcast from a radio station in the State.
(3) Subject to subsection (4), a person
must not light or maintain a fire in the open air contrary to the terms of a
warning broadcast under this section.
Maximum penalty:
(a) for
a first offence—$10 000 or imprisonment for 2 years;
(b) for
a second or subsequent offence—$20 000 or imprisonment for 4 years.
(4) This section does not prevent the lighting
or maintaining of a fire—
(a) in
circumstances permitted by the regulations; or
(b) if
the lighting or maintaining of the fire is authorised by a permit issued under
this Act.
(5) The
Chief Officer may, by further broadcast from a radio station in the State, vary
or revoke a warning broadcast under this section.
(6) In
any proceedings for an offence against this section, a document apparently
signed by the Chief Officer, and certifying that a warning in the terms
specified in the certificate was broadcast from a broadcasting station in this
State on a date and at a time specified in the certificate, is, unless the
contrary is proved, to be accepted as proof of the matters so certified.
81—Permit to light and maintain fire
(1) An
authorised officer may issue a permit authorising a person to light or maintain
a fire in the open air in circumstances in which the lighting or maintaining of
the fire would otherwise be unlawful by virtue of this Part.
(2) An
application for a permit must be made in the prescribed manner and form.
(3) A permit must not be issued under this
section unless the authorised officer is satisfied that—
(a) the
lighting or maintaining of the fire is, in all the circumstances of the case,
justified; and
(b) adequate
precautions will be taken to prevent the spread of fire.
(4) A permit issued under this section will
include—
(a) the
prescribed conditions; and
(b) such
other conditions as the authorised officer thinks fit to include in the permit.
(5) A
permit issued under this section will be in a form prescribed by the
regulations.
(6) Unless
issued in accordance with an authorisation granted under subsection (7), a
permit does not authorise a person to light or maintain a fire contrary to the
terms of a total fire ban.
(7) The
Chief Officer may, by instrument in writing, authorise (subject to stipulated
restrictions and conditions) the issue of permits for the lighting and
maintaining of fires in the open air, on days on which a total fire ban has
been imposed, in parts of the State designated in the authorisation.
(8) Notice
of the issue of a permit under this section must be given in the manner
provided by the regulations to such persons and authorities as may be
stipulated by the regulations.
(9) A permit may be revoked by an authorised
officer or by the Chief Officer—
(a) if
the permit holder fails to comply with a condition of the permit; or
(b) if
the authorised officer or Chief Officer considers that sufficient reasons exist
to justify the revocation of the permit.
(10) A
person whose permit is revoked may appeal to the Commission against that
revocation.
(11) An
appeal must be instituted by written notice of appeal setting out in detail the
grounds of appeal.
(12) On an appeal, the Commission may—
(a) confirm
the revocation;
(b) direct
that a new permit be issued.
(13) The
fact that the holder of a permit has complied with the conditions of the permit
does not of itself relieve the holder from liability for any loss or damage
caused by a fire lit under the authority of a permit.
(14) In this section—
authorised officer means—
(a) a
person authorised by the Chief Officer; or
(b) a
person authorised by a council, with the approval of the Chief Officer, to
issue permits under this section.
Subdivision 4—Power of direction
(1) Subject to this section, if an officer of
SACFS is satisfied that a fire has been lit on any land contrary to this Act,
or that a fire on any land (whether lit lawfully or not) is out of control, or
is likely to get out of control, the officer may—
(a) direct
the person who lit the fire, or the owner of the land, to extinguish the fire
or to take such other steps in relation to the fire as appear necessary to
prevent it from getting out of control; or
(b) extinguish
the fire, or take such other steps in relation to the fire as appear necessary
to prevent it from getting out of control.
(2) If an officer of SACFS is satisfied—
(a) that
a person proposes to light a fire; and
(b) that
because of weather conditions the fire, if lighted, might get out of control,
the officer may direct that person to refrain from lighting a fire
during a period specified in the direction.
(3) A person who contravenes, or fails
forthwith to comply with, a direction under this section is guilty of an
offence.
Maximum penalty:
(a) for
a first offence—$5 000 or imprisonment for 1 year;
(b) for
a second or subsequent offence—$10 000 or imprisonment for 2 years.
(4) The
Chief Officer may determine that the powers of an officer under this section
may only be exercised by officers of or above a certain rank.
(5) Despite
subsection (4), if no officer of SACFS who is able to exercise the powers
conferred by this section is present, any member of the SACFS or, in the
absence of any such member, any fire prevention officer, member of SAMFS or
member of the police force, may exercise those powers.
Subdivision 5—Duties to prevent fires
(1) In this section—
responsible authority means—
(a) in
relation to land within the area of a council—the council for that area;
(b) in
relation to land outside the area of a council—SACFS,
(but where powers or functions under this section are withdrawn
from a council and vested in an officer of SACFS under subdivision 7, a
reference to the responsible authority in relation to those powers or functions
is a reference to that officer rather than that council).
(2) The owner of private land in the country
must take reasonable steps to protect property on the land from fire and to
prevent or inhibit the outbreak of fire on the land, or the spread of fire
through the land.
Maximum penalty: $5 000.
(3) An
owner of private land must, in acting under subsection (2), take into account
proper land management principles.
(4) If—
(a) an
owner of private land fails to comply with subsection (2); or
(b) a
responsible authority believes that conditions on private land are such as to
cause an unreasonable risk of the outbreak of fire on the land, or the spread
of fire through the land,
the responsible authority may, by notice in writing that complies
with any prescribed requirement, require the owner to take specified action to
remedy the default, or eliminate or reduce the risk, within such time as may be
specified in the notice.
(5) A
notice under subsection (4) may include directions concerning the storage
of flammable or combustible materials or substances on the land (or in any
building on the land).
(6) A person to whom a notice under
subsection (4) is addressed must not fail to comply with the notice.
Maximum penalty:
(a) in
the case of a person who wilfully fails to comply with a notice—$10 000;
(b) in any other case—$1 250.
Expiation fee: except in the case of a person who wilfully fails
to comply with a notice—$160.
(7) The
responsible authority may, by further notice in writing, vary or revoke a
notice under this section.
(8) A notice under subsection (4) or (7)
may be given—
(a) personally;
or
(b) by
post; or
(c) if
the responsible authority cannot, after making reasonable inquiries, ascertain
the name and address of the person to whom the notice is to be given—
(i) by
publishing the notice in a newspaper circulating in the locality of the land;
and
(ii) by
leaving a copy of the notice in a conspicuous place on the land.
(9) If
a notice under subsection (4) or (7) is directed to an occupier of land,
the responsible authority must take reasonable steps to serve a copy of the
notice on the owner.
(10) Service under subsection (9) may be
effected—
(a) personally;
or
(b) by
post.
(11) A
fire prevention officer, or any other authorised officer, may, for purposes
connected with the enforcement of this section, after giving reasonable notice
to the occupier of land, enter and inspect the land.
(12) If
a person fails to comply with the requirements of a notice under this section,
the responsible authority may proceed to carry out those requirements and may
recover the expenses incurred as a debt due to it from the person to whom the
notice was addressed.
(13) Any
expenses recoverable under subsection (12) will be a charge against the
land to which they relate and may be recovered as if they were rates in
arrears.
(14) A
person to whom notice is addressed may appeal against a requirement of the
notice.
(15) An appeal under subsection (14) must be
made—
(a) where
the notice was issued by a council—to the Chief Officer;
(b) in
any other case—to the Commission.
(16) An appeal—
(a) is
instituted by written notice of appeal setting out in detail the grounds of
appeal; and
(b) must
be instituted within 14 days of the requirement being imposed unless the
appellate authority, in its discretion, allows an extension of time for
instituting the appeal.
(17) The
appellant must send a copy of the notice of appeal to the responsible authority
that issued the notice to which the appeal relates.
(18) Subject
to a determination of the appellate authority, where an appeal is instituted,
the requirement being appealed against is suspended until the appeal is
determined or withdrawn.
(19) For
the purposes of dealing with an appeal, the appellate authority may adopt such
procedures as it thinks fit.
(20) On hearing an appeal, the appellate
authority may—
(a) confirm
the requirement; or
(b) vary
the requirement in such manner as it thinks fit; or
(c) cancel
the requirement; or
(d) substitute
a new requirement; or
(e) refer
the matter back to the responsible authority for further consideration.
(21) If the appellate authority confirms, varies
or substitutes a requirement, the person to whom the requirement is addressed
must comply with the requirement within a period specified by the appellate
authority.
Maximum penalty: $10 000 or imprisonment for 2 years.
(22) In this section—
authorised officer means a person authorised by the Chief Officer to exercise
the powers of an authorised officer under this section.
(1) A
rural council that has the care, control or management of land in the country
must take reasonable steps to protect property on the land from fire and to
prevent or inhibit the outbreak of fire on the land, or the spread of fire
through the land.
(2) A
rural council must, in acting under subsection (1), take into account
proper land management principles.
(1) A
Minister, agency or instrumentality of the Crown that has the care, control or
management of land in the country must take reasonable steps to protect
property on the land from fire and to prevent or inhibit the outbreak of fire
on the land, or the spread of fire through the land.
(2) A
Minister, agency or instrumentality of the Crown must, in acting under
subsection (1), take into account proper land management principles.
(3) A
Minister, agency or instrumentality of the Crown to which subsection (1)
applies must appoint an appropriate person to be responsible to ensure
compliance with subsection (1).
Subdivision 6—Miscellaneous precautions against fire
(1) An
authorised officer may require the owner of premises of a prescribed kind in
the country, or a person proposing to build any such premises, to take
specified steps to prevent the outbreak of fire at the premises, or the spread
of fire from the premises.
(2) A
person to whom such a requirement is directed may, within 14 days after the
date of the requirement, lodge a written notice of objection with the Chief
Officer.
(3) The
Chief Officer must consider any such objection and may vary the requirement in
any manner the Chief Officer thinks fit.
(4) A person who fails to comply with a
requirement under this section is guilty of an offence.
Maximum penalty: $10 000.
(5) In this section—
authorised officer means a person authorised by the Chief Officer to exercise
the powers of an authorised officer under this section.
87—Removal of debris from roads
(1) If as a result of any work flammable debris
is left on or in the vicinity of a road in the country, the person that carried
out the work must remove the debris from the road—
(a) on
being required to do so by the Chief Officer or a council; or
(b) if no such requirement is made, on the
completion of the work (insofar as to do so is reasonably practicable).
Maximum penalty: $5 000.
(2) If a person fails to comply with
subsection (1), the Chief Officer or the council of the area may—
(a) burn
or remove the flammable debris; and
(b) recover
the cost of so doing as a debt due to it from the person in default.
88—Fire extinguishers to be carried on caravans
A person must not use a caravan in the
country unless an efficient fire extinguisher that complies with the
regulations is carried in the caravan.
Maximum penalty: $1 250.
Expiation fee: $210.
89—Restriction on the use of certain appliances etc
A person must not, during the fire danger
season, operate an engine, vehicle or appliance of a prescribed kind in the
open air, or use any flammable or explosive material of a prescribed kind, or
carry out any prescribed activity, except in accordance with the relevant
regulations.
Maximum penalty:
(a) for
a first offence—$5 000;
(b) for a second or subsequent offence—$10 000.
Expiation fee: if the offence is a prescribed offence—$210.
90—Burning objects and material
(1) A person must not smoke in the open air in
the country within 2 metres of flammable bush or grass (but this prohibition does
not operate within a municipality or township).
Maximum penalty: $1 250.
Expiation fee: $160.
(2) A person must not, without lawful excuse,
drop or throw a burning object or material from a vehicle.
Maximum penalty: $5 000.
(3) A person must not, without lawful excuse,
drop or throw a burning object or material in circumstances in which it may
come into contact with flammable material and cause a fire in the country.
Maximum penalty: $5 000.
(4) A person must not, without lawful excuse,
drop or throw any material capable of causing a fire in circumstances in which
it may cause a fire in the country.
Maximum penalty: $5 000.
91—Duty to report unattended fires
(1) A person who finds an unattended fire on
land in the country must immediately take such steps as are reasonably
practicable to notify a member of SACFS, a member of SAMFS, a government
officer or a police officer of the existence and location of the fire.
Maximum penalty: $1 250.
(2) In this section—
government officer means—
(a) an
officer of the National Parks and Wildlife Service; or
(b) an
officer or employee of the South Australian Forestry Corporation; or
(c) any
other person of a class prescribed for the purposes of this definition.
Subdivision 7—Supplementary provisions
(1) An
officer of SACFS, an authorised officer, a fire prevention officer or a fire
control officer may at any reasonable time, after giving reasonable notice to
the occupier of the land or premises, enter any land or premises for the
purpose of determining what measures have been taken on that land or in those
premises for the prevention, control or suppression of fire or for the
prevention of, or for dealing with, the escape of any hazardous materials.
(2) An
officer of SACFS, an authorised officer, a fire prevention officer or a fire
control officer exercising a power under this section must, at the request of a
person affected by the exercise of the power, produce his or her certificate of
identity or other authority to exercise the power.
(3) In this section—
authorised officer means a person authorised by the Chief Officer to exercise
the powers of an authorised officer under this section.
(1) A
council may, by instrument in writing, delegate to a fire prevention officer a
power or function under this Division.
(2) A
delegation under this section is revocable at will and does not derogate from
the powers of the council to act in any matter.
(3) A
power or function delegated under this section may, if the instrument of
delegation so provides, be further delegated.
94—Failure by a council to exercise statutory powers
(1) If,
in the opinion of the Chief Officer, a council fails to exercise or discharge
any of its powers or functions under this Division, the Chief Officer may take
such action as appears necessary on account of that failure.
(2) Without
limiting the generality of subsection (1), the Chief Officer may recommend
to the Minister that the powers and functions of the council under this Part be
withdrawn.
(3) Before
taking action under subsection (2), the Chief Officer must consult with
the council in relation to the matter.
(4) If the Chief Officer makes a recommendation
to the Minister under subsection (2)—
(a) the
Minister must give the council a reasonable opportunity to make written
submissions to the Minister in relation to the matter; and
(b) if
the council so requests at the time that it makes such written submissions—the
Minister must discuss the matter with a delegation representing the council.
(5) If,
after complying with subsection (4), the Minister is satisfied that it is
appropriate to do so, the Minister may, by notice in the Gazette, withdraw the
powers and functions of the council and vest them in an officer of SACFS
nominated by the Chief Officer.
(6) The
Minister must, within 14 days of publishing a notice under subsection (5),
furnish the council with written reasons for his or her decision.
(7) The Minister may, by subsequent notice in
the Gazette made on the recommendation of the Chief Officer—
(a) appoint
another officer of SACFS in substitution for an officer previously appointed
under this section;
(b) revoke
the notice that withdrew the council's powers and functions.
(8) Any
expenses reasonably incurred by an officer of SACFS in exercising or
discharging powers and functions vested under this section may be recovered as
a debt due to the SACFS from the council in a court of competent jurisdiction.
95—Endangering life or property
(1) A person who, during the fire danger
season, without lawful excuse, lights a fire in circumstances where the fire
endangers, or is likely to endanger, the life or property of another, is guilty
of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) It is a defence to a charge of an offence
against this section for the defendant to prove—
(a) —
(i) that
the fire was lit—
(A) on
land owned or occupied by the defendant; or
(B) at
the direction of, or with the permission of, the owner or occupier of the land
on which the fire was lit; or
(ii) that
the danger was caused by unforeseen weather conditions; and
(b) that
the defendant took all reasonable precautions to prevent the spread of the
fire.
Division 9—Powers and duties relating to fires and emergencies
Subdivision 1—Exercise of control at scene of fire or other emergency
96—Exercise of control at scene of fire or other emergency
(1) This
section applies in relation to any situation that may involve an emergency.
(2) If—
(a) the
situation—
(i) involves
or arises from—
(A) a
fire or a situation that involves imminent danger of fire; or
(B) the
escape of any hazardous material or a situation that involves imminent danger
of such an escape,
that occurs—
(C) in
the country; or
(D) at
any other place in a situation where no member of SAMFS has assumed control
under Part 3; or
(ii) involves
or arises from any other emergency or the imminent danger of any other
emergency, wherever occurring, at which a person with lawful authority to
assume control has not done so; and
(b) an
SACFS brigade has attended,
then an incident controller or, if an incident controller has not
been appointed, the most senior member of SACFS in attendance, may assume
control (and all members of SACFS, and all other persons present at the scene,
will be subject to his or her control).
(3) Nothing in this section—
(a) derogates
from the powers of the Chief Officer of SACFS to assume control of any
operations; or
(b) prevents
a member of SACFS who has taken control of any operations surrendering control
of those operations to any other person or body; or
(c) prevents
another person or body with lawful authority to do so assuming control at the
scene of any emergency.
(4) This
section operates subject to the provisions of the Emergency Management Act
2004.
(5) In this section—
incident controller for a fire or other emergency means the person for the
time being appointed to be the incident controller for the fire or other
emergency in accordance with procedures determined by the Chief Officer.
Subdivision 2—Exercise of powers at scene of fire or other emergency
(1) An
officer of SACFS may take, or cause to be taken, any action that appears
necessary or desirable for the purpose of protecting the life, health or safety
of any person or animal, or protecting property, relevant services or the
environment, or for any other purpose associated with dealing with a fire or
other emergency or the threat of a fire or other emergency (despite the fact
that the action may result in damage to, or destruction of, property or any
aspect of the environment or cause pecuniary loss to any person).
(2) Without limiting or derogating from the
operation of subsection (1), an officer under subsection (1), or any
person acting under the command of an officer, may (to such extent as appears
necessary or desirable in the circumstances)—
(a) enter
and, if necessary break into any land, building, structure or vehicle (using
such force as is necessary);
(b) take
possession of, protect or assume control over any land, body of water,
building, structure, vehicle or other thing;
(c) remove
or destroy, or order the destruction of, any building, structure, vehicle,
vegetation or seriously injured animal;
(d) direct
the owner of, or the person for the time being in charge of, any real or
personal property to place it under the control or at the disposition of a
specified person;
(e) remove,
or cause to be removed, to such place as the officer or other person thinks
fit, any person or animal, or direct the evacuation or removal of any person or
animal;
(f) direct
or prohibit the movement of persons, animals or vehicles;
(g) remove
flammable material or any other hazardous material, or cause flammable material
or any other hazardous material to be removed, from any place, building or
structure;
(h) cause
any supply of fuel or other flammable liquid, any gas or electricity, or any
other hazardous material to be shut off or disconnected;
(i) direct
a person who is in a position to do so—
(i) to
stop any work or operation; or
(ii) to
close any premises or other place; or
(iii) to
contain the escape of any hazardous material, or to nullify the effects of the
escape of any hazardous material; or
(iv) to
shut off or remove any plant, equipment, apparatus or device or to perform any
operation in relation to any plant, equipment, apparatus or device;
(j) take
and use water or any other fire extinguishing material from any place;
(k) shut
off, or cut off, the supply of water or any drainage facility;
(l) cause
firebreaks to be ploughed or cleared on any land;
(m) make
use of the gratuitous services of any person;
(n) direct,
insofar as may be reasonably necessary in the circumstances, any person to
assist in the exercise of any power under this section;
(o) exercise
any prescribed power.
(3) In
the absence of an officer, the powers of an officer under subsection (1)
and (2) may be exercised by any member of SACFS.
(4) A person must not, without reasonable
excuse, refuse or fail to comply with a requirement or direction of an officer
of SACFS or of any other person given in accordance with subsection (1) or
(2).
Maximum penalty:
(a) if
the offender is a body corporate—$75 000;
(b) if
the offender is a natural person—$20 000.
(5) An
officer of SACFS may, for the purpose of controlling a fire, light another
fire, or cause another fire to be lit (despite any other provision of this
Act).
(6) A member of SACFS must, before taking any
prescribed action with respect to private land or a government reserve, or
property on private land or a government reserve—
(a) consult
with the owner or person in charge of the land or reserve if that person is in
the presence of, or may be immediately contacted by, the member of SACFS; and
(b) if
the prescribed action would affect a government reserve, take into account any
relevant provisions of a management plan for the reserve that have been brought
to the attention of the member.
(7) The
Chief Officer must take steps to have any relevant provisions of a management
plan for a government reserve brought to the attention of members of SACFS who
might exercise powers under this section with respect to the reserve.
(8) If
there is a fire on a forest reserve, and the person who is in charge of the
reserve, being an officer or employee of the South Australian Forestry
Corporation, is present at the scene of the fire, a member of SACFS (other than
the Chief Officer or a delegate of the Chief Officer) must not exercise a power
conferred by this section on the reserve except with the approval, and subject
to any directions, of that person.
(9) The power of the Chief Officer to delegate
under subsection (8) is subject to the following qualifications:
(a) the
delegation must be to an officer of SACFS of or above the rank of group
officer, or to an officer or employee of the South Australian Forestry
Corporation; and
(b) the
delegation may only be made in relation to a specific fire or other emergency.
(10) If
an officer of SACFS in control at the scene of a fire or other emergency
engages a contractor to demolish, contain, neutralise, dispose of or remove any
dangerous or hazardous structure, object, substance or materials, the costs of
engaging the contractor are recoverable by SACFS as a debt from the owner of
the dangerous structure, object, substance or materials in a court of competent
jurisdiction.
(11) If
any proceedings under subsection (10), a certificate apparently signed by
the Chief Officer certifying the costs of engaging the contractor is, in the
absence of proof to the contrary, to be accepted as proof of the costs so
certified.
(12) In this section—
government reserve means—
(a) a
forest reserve; or
(b) a
reserve administered under the National Parks and Wildlife Act 1972;
or
(c) any
other prescribed land;
prescribed action means the exercise of a power under this section that
would result in damage to, or destruction of, property or cause pecuniary loss
to any person.
(13) This
section operates subject to the provisions of the Emergency Management Act
2004.
(1) A
water authority for an area in which a fire or other emergency has occurred, or
is in imminent danger of occurring, must, at the direction of a person who is
lawfully dealing with the situation under this Division, send a competent
person to assist in the provision of water.
(2) In this section—
water authority means a body brought within the ambit of this definition by the
regulations.
99—Disconnection of gas or electricity
A person or company supplying gas or electricity to any premises
or other place where a fire or other emergency has occurred, or is in imminent
danger of occurring, must, at the direction of a person who is lawfully dealing
with the situation under this Division, send a competent person to shut off or
disconnect the supply of gas or electricity to the premises or other place, or
to any adjacent premises or place (and the person so attending must then comply
with any direction that may be given in the exercise of powers under this
Division).
(1) SACFS
must keep proper accounting records in relation to its financial affairs, and
have annual statements of account prepared in respect of each financial year.
(2) The
Auditor-General must audit the annual statements of account required under
subsection (1).
(3) The
accounts of an SACFS organisation are not required to be audited by the
Auditor-General but must be audited in accordance with the regulations.
(1) SACFS
must, on or before 30 September in each year, deliver to the Commission a
report on the activities of SACFS during the preceding financial year (and need
not provide a report under section 6A of the Public Sector Management
Act 1995).
(2) The report must—
(a) include
the audited statements of account required under this Division; and
(b) include
any other information that would be required if SAMFS were reporting under the Public
Sector Management Act 1995; and
(c) comply
with any other requirements prescribed by or under this Act or the regulations.
102—Common seal and execution of documents
(1) The Chief Officer may—
(a) execute
a document on behalf of SACFS; and
(b) affix
the common seal of SACFS to a document.
(2) The
Chief Officer may, by instrument in writing, authorise another person to
exercise a power under subsection (1) subject to conditions and
limitations (if any) specified in the instrument for authority.
(3) Without
limiting subsection (2), an authority may be given so as to authorise 2 or
more persons to execute documents jointly on behalf of SACFS.
(4) A document is duly executed by SACFS if—
(a) the
common seal of SACFS is affixed to the document in accordance with this section;
or
(b) the
document is signed on behalf of SACFS by a person or persons in accordance with
any authority conferred under this section.
(5) If
an apparently genuine document purports to bear the common seal of SACFS, it
will be presumed in any legal proceedings, in the absence of proof to the
contrary, that the common seal of SACFS has been duly affixed to that document.
(1) The
Chief Officer may, on his or her initiative or at the request of a council,
appoint a person as a fire control officer for a designated area of the State
(whether inside or outside a council area).
(2) Before
the Chief Officer on his or her own initiative appoints a person as a fire
control officer for a designated area of the State that is inside (or partially
inside) a council area, the Chief Officer must consult with the council in
relation to the proposed appointment.
(3) The functions of a fire control officer are—
(a) to
assist in the preparation of fire prevention plans for the designated area;
(b) to
take steps to protect property in the designated area from fire and to prevent
the outbreak and spread of fire in the designated area;
(c) to
fight any fire, or to act in any other emergency, until an SACFS brigade
arrives;
(d) to
carry out any other function assigned by the Chief Officer.
(4) Subject
to any limitation determined by the Chief Officer, a fire control officer may,
pending the arrival of an SACFS brigade, for the purpose of fire-fighting or
for the purpose of protecting life, property or the environment in any other
emergency, exercise the powers of an officer of SACFS under this Act.
(5) The
Chief Officer may, as the Chief Officer thinks fit, terminate the appointment
of a person as a fire control officer.
104—Giving of expiation notices
A council may not authorise a person (under section 6(3)(b) of the
Expiation of Offences Act 1996) to give expiation notices for alleged
offences under this Part unless the person is a fire prevention officer.
105—Appropriation of penalties
If a summary offence against this Part is committed in the area of
a council and the complaint is laid by the council for the area (or an officer
of the council), any fine recovered from the defendant will be paid into the
general revenue of the council (rather than into the Consolidated Account).
Part 5—The South Australian State Emergency Service
Division 1—Continuation of service
(1) The
State Emergency Service continues in existence as the South Australian State
Emergency Service (SASES).
(2) SASES—
(a) is
a body corporate; and
(b) has
perpetual succession and a common seal; and
(c) is
capable of suing and being sued in its corporate name; and
(d) has
all the powers of a natural person that are capable of being exercised by a
body corporate; and
(e) has
the functions and powers assigned or conferred by or under this or any other
Act.
(3) SASES
is an agency of the Crown and holds its property on behalf of the Crown.
(1) SASES consists of—
(a) the
Chief Officer of SASES; and
(b) all
other officers of SASES; and
(c) all
SASES units and all members of SASES units; and
(d) all
SASES employees.
(2) The
Chief Officer of SASES is responsible for the management and administration of
SASES (and will, in undertaking this responsibility, also be the Chief
Executive of SASES).
(3) An
act done or decision made by the Chief Officer in the management or
administration of the affairs of SASES (including by exercising any power of
SASES under this or any other Act) is an act or decision of SASES.
Division 2—Functions and powers
(1) SASES has the following functions:
(a) to
assist the Commissioner of Police in dealing with any emergency;
(b) to
assist the State Co-ordinator, in accordance with the State Emergency
Management Plan, in carrying out prevention, preparedness, response or recovery
operations under the Emergency Management Act 2004;
(c) to
assist SAMFS and SACFS in dealing with any emergency;
(d) to
deal with any emergency—
(i) where
the emergency is caused by flood or storm damage; or
(ii) where
there is no other body or person with lawful authority to assume control of
operations for dealing with the emergency;
(e) to
deal with any emergency until such time as any other body or person that has
lawful authority to assume control of operations for dealing with the emergency
has assumed control;
(f) to
respond to emergency calls and, where appropriate, provide assistance in any
situation of need whether or not the situation constitutes an emergency;
(g) to
undertake rescues;
(h) to
perform any other function assigned to SASES by or under this or any other Act.
(2) SASES
may, for the purpose of performing its functions, exercise any powers that are
necessary or expedient for, or incidental to, the performance of its functions.
(3) SASES may, for example—
(a) enter
into any form of contract or arrangement;
(b) acquire,
hold, deal with and dispose of real and personal property;
(c) provide
and maintain equipment for SASES units;
(d) make
representations and provide advice relating to dealing with emergencies;
(e) publish
or disseminate information.
Division 3—Chief Officer and staff
(1) The
office of Chief Officer of SASES is established (and a reference in this Part
to the "Chief Officer" will be a reference to the Chief Officer of
SASES).
(2) The
Chief Officer will be appointed by the Minister after taking into account the
recommendation of the CE of the Commission.
(3) The
Chief Officer will be appointed on terms and conditions determined by the
Minister after consultation with the Commissioner for Public Employment.
(4) In addition to the Chief Officer's
responsibility for the management and administration of SASES, the Chief
Officer has ultimate responsibility for the operations of SASES and may
therefore—
(a) control
all resources of SASES; and
(b) manage
the staff of SASES and give directions to its members; and
(c) assume
control of any SASES operations; and
(d) perform
any other function or exercise any other power that may be conferred by or
under this or any other Act, or that may be necessary or expedient for, or
incidental to, maintaining, improving or supporting the operation of SASES.
110—Deputy Chief Officer and Assistant Chief Officers
(1) The
Chief Officer may appoint a Deputy Chief Officer and 1 or more Assistant Chief
Officers.
(2) The
terms and conditions of an appointment under this section will be subject to
the approval of the Commissioner for Public Employment after consultation with
the Chief Officer and the Commission.
(3) The
Deputy Chief Officer (if appointed) or, if necessary, an Assistant Chief
Officer designated by the Minister, may, while the Chief Officer is absent from
the duties of office or while the position of Chief Officer is temporarily
vacant, perform and exercise the functions and powers of the Chief Officer (but
not so as to act as a deputy member of the Board unless specifically appointed
as deputy of the Chief Officer under section 11(4)).
(1) SASES
will have such other officers (other than officers who hold office as volunteer
members of SASES units) as the Chief Officer thinks fit to appoint.
(2) An
appointment under this section will be on terms and conditions determined by
the Chief Officer and approved by the Commission (subject to the provisions of
any award or industrial agreement).
(3) Nothing
in this section limits the ability of the Chief Officer to appoint a suitable
person to act in an office or position while the person appointed to that
office or position is absent or temporarily unable to act in that office or
position, or while that office or position is temporarily vacant.
(1) The
Chief Officer may appoint other persons as employees of SASES.
(2) An
appointment under this section will be on terms and conditions determined by
the Chief Officer and approved by the Commission (subject to the provisions of
any award or industrial agreement).
(1) The
staff of SASES will comprise all officers (being officers appointed to the
staff of SASES rather than being volunteer members of SASES units) and other
employees of SASES.
(2) A member of the staff of SASES must comply
with a direction of—
(a) the
Chief Officer; or
(b) an
officer—
(i) to
whom the member of staff is responsible by virtue of this Act; or
(ii) who
is in a position of authority over the member of staff by virtue of a
determination of the Chief Officer.
(3) In
addition, SASES may make use of persons employed in any public sector agency
made available to assist SASES.
For the purposes of appointments to the staff
of SASES under this Division—
(a) the
Chief Officer must, at least once in every year, submit a workforce plan for
approval by the Commission; and
(b) the
Commission may approve a workforce plan submitted by the Chief Officer without
amendment, or with any amendments determined by the Commission after
consultation with the Chief Officer; and
(c) the
Chief Officer must not make an appointment under this Division unless it
accords with the workforce plan last approved by the Commission.
(1) The Chief Officer may delegate a power or
function of the Chief Officer or SASES under this or any other Act—
(a) to
a member of the staff of SASES or to a person made available to assist SASES;
or
(b) to
a member of an SASES unit; or
(c) to
a committee established under this Act; or
(d) to
a person for the time being holding or acting in a particular office or
position; or
(e) to
any other person or body.
(2) A delegation under this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the ability of the Chief Officer to act in any matter; and
(d) is
revocable at will by the Chief Officer.
(3) A
power or function delegated under this section may, if the instrument of
delegation so provides, be further delegated.
(1) The Chief Officer may, by notice in the
Gazette—
(a) establish
an SASES unit;
(b) assign
a name to an SASES unit.
(2) If—
(a) the
Chief Officer is establishing an SASES unit to take over the activities of an
organisation; and
(b) the
organisation is a body corporate; and
(c) the
organisation seeks its dissolution under this provision in the manner
prescribed by the regulations,
then the Chief Officer may, by notice in the Gazette, dissolve the
body corporate (and that dissolution will have effect by force of this
subsection).
(3) On
dissolution of an organisation under subsection (2), its property, rights
and liabilities vest in SASES.
(4) An
SASES unit will have a constitution that accords with any requirements
prescribed by the regulations or determined by the Chief Officer.
(5) The
constitution of an SASES unit may be amended, with the approval of the Chief
Officer, in the manner set out in the constitution.
(6) An SASES unit—
(a) has
the functions and powers prescribed by this Act or the regulations or set out
in its constitution; and
(b) has
such other functions or powers as may be assigned to it by the Chief Officer.
(7) An SASES unit must—
(a) maintain
such records as may be prescribed, specified by its constitution, or required
by the Chief Officer; and
(b) furnish
to the Chief Officer, in a manner and form determined by the Chief Officer, any
information required by the Chief Officer.
(8) The
Chief Officer may, by notice in the Gazette, dissolve an SASES unit.
(9) The
Chief Officer must, in determining whether or not to dissolve an SASES unit,
consult with the members of the unit.
Division 5—Powers and duties relating to emergencies
Subdivision 1—Exercise of control at scene of emergency
117—Exercise of control at scene of emergency
(1) This
section applies in relation to any situation that may involve an emergency.
(2) If—
(a) an
emergency has arisen or is imminent; and
(b) no
other body or person has lawful authority to assume control, or a body or
person with lawful authority to assume control has not done so; and
(c) an
SASES unit has attended,
then the most senior member of SASES in attendance may assume
control (and all members of SASES, and all other persons present at the scene,
will be subject to his or her control).
(3) Nothing in this section—
(a) derogates
from the powers of the Chief Officer of SASES to assume control of any
operations; or
(b) prevents
a member of SASES who has taken control of any operations surrendering control
of those operations to any other body or person who has lawful authority to act
in relation to the particular emergency; or
(c) prevents
another person or body with lawful authority to do so assuming control at the
scene of an emergency.
(4) This
section operates subject to the provisions of the Emergency Management Act
2004.
Subdivision 2—Exercise of powers at scene of emergency
(1) An
officer of SASES may take, or cause to be taken, any action that appears
necessary or desirable for the purpose of protecting the life, health or safety
of any person or animal, or protecting property, relevant services or the
environment, or for any other purpose associated with dealing with an emergency
or the threat of an emergency (despite the fact that the action may result in
damage to, or destruction of, property or any aspect of the environment or
cause pecuniary loss to any person).
(2) Without limiting or derogating from the
operation of subsection (1), an officer under subsection (1), or any person
acting under the command of an officer, may (to such extent as appears
necessary or desirable in the circumstances)—
(a) enter
and, if necessary, break into any land, building, structure or vehicle (using
such force as is necessary);
(b) take
possession of, protect or assume control over any land, body of water,
building, structure, vehicle or thing;
(c) remove
or destroy, or order the destruction of, any building, structure, vehicle,
vegetation or seriously injured animal;
(d) direct
the owner of, or the person for the time being in charge of, any real or
personal property to place it under the control or at the disposition of a
specified person;
(e) remove,
or cause to be removed, to such place as the authorised person may determine,
any person or animal, or direct the evacuation or removal of any person or
animal;
(f) direct
or prohibit the movement of persons, animals or vehicles;
(g) remove
flammable material or any other hazardous material, or cause flammable material
or any other hazardous material to be removed, from any place, building or
structure;
(h) cause
any supply of fuel or other flammable liquid, any gas or electricity, or any
other hazardous material to be shut off or disconnected;
(i) direct
a person who is in a position to do so—
(i) to
stop any work or operation; or
(ii) to
close any premises or other place; or
(iii) to
contain the escape of any hazardous material, or to nullify the effects of the
escape of any hazardous material; or
(iv) to
shut off or remove any plant, equipment, apparatus or device or to perform any
operation in relation to any plant, equipment, apparatus or device;
(j) shut
off, or cut off, the supply of water or any drainage facility;
(k) make
use of the gratuitous services of any person;
(l) direct,
insofar as may be reasonably necessary in the circumstances, any person to
assist in the exercise of any power under this section;
(m) exercise
any prescribed power.
(3) In
the absence of an officer, the powers of an officer under subsection (1)
or (2) may be exercised by any member of SASES.
(4) A person must not, without reasonable
excuse, refuse or fail to comply with a requirement or direction of an officer
of SASES or of any other person given in accordance with subsection (1) or
(2).
Maximum penalty:
(a) if
the offender is a body corporate—$75 000;
(b) if
the offender is a natural person—$20 000.
(5) This
section operates subject to the provisions of the Emergency Management Act
2004.
119—Disconnection of gas or electricity
A person or company supplying gas or electricity to any premises
or other place where an emergency has occurred, or is in imminent danger of
occurring, must, at the direction of a person who is lawfully dealing with the
situation under this Division, send a competent person to shut off or
disconnect the supply of gas or electricity to the premises or other place, or
to any adjacent premises or place (and the person so attending must then comply
with any direction that may be given in the exercise of powers under this
Division).
(1) SASES
must keep proper accounting records in relation to its financial affairs, and
have annual statements of account prepared in respect of each financial year.
(2) The
Auditor-General must audit the annual statements of account required under
subsection (1).
(3) The
accounts of an SASES unit are not required to be audited by the Auditor-General
but must be audited in accordance with the regulations.
(1) SASES
must, on or before 30 September in each year, deliver to the Commission a
report on the activities of SASES during the preceding financial year (and need
not provide a report under section 6A of the Public Sector Management
Act 1995).
(2) The report must—
(a) include
the audited statements of account required under this Division; and
(b) include
any other information that would be required if SASES were reporting under the Public
Sector Management Act 1995; and
(c) comply
with any other requirements prescribed by or under this Act or the regulations.
122—Common seal and execution of documents
(1) The Chief Officer may—
(a) execute
a document on behalf of SASES; and
(b) affix
the common seal of SASES to a document.
(2) The
Chief Officer may, by instrument in writing, authorise another person to
exercise a power under subsection (1) subject to conditions and
limitations (if any) specified in the instrument for authority.
(3) Without
limiting subsection (2), an authority may be given so as to authorise 2 or
more persons to execute documents jointly on behalf of SASES.
(4) A document is duly executed by SASES if—
(a) the
common seal of SASES is affixed to the document in accordance with this
section; or
(b) the
document is signed on behalf of SASES by a person or persons in accordance with
any authority conferred under this section.
(5) If
an apparently genuine document purports to bear the common seal of SASES, it
will be presumed in any legal proceedings, in the absence of proof to the
contrary, that the common seal of SASES has been duly affixed to that document.
123—S.A.S.E.S. Volunteers' Association Incorporated
(1) S.A.S.E.S.
Volunteers' Association Incorporated is recognised as an association that
represents the interests of members of SASES units.
(2) The
association may take such steps as may be reasonably available to it to advance
the interests of members of SASES units.
(1) An authorised officer may, with or without
assistance—
(a) enter
and inspect any land, building, structure, vehicle or other place for the
purpose of determining the cause of a fire or other emergency;
(b) take
possession of any land, building, structure, vehicle or other thing for the
purpose of any investigation or inquiry into the cause of a fire or other
emergency;
(c) remove
any object, material or other thing that may tend to establish the cause of a
fire or other emergency;
(d) retain
possession of any object, material or other thing for the purpose of any
investigation or inquiry into the cause of a fire or other emergency.
(2) In this section—
authorised officer means—
(a) an
officer or other member of an emergency services organisation, authorised by
the Chief Officer of the emergency services organisation to act as an
authorised officer under this section; or
(b) a
police officer; or
(c) some
other person authorised by the Commission to act as an authorised officer under
this section.
(1) A person must not hinder or obstruct a
member of an emergency services organisation or any other person in the
exercise or performance of any power or function under this Act (including a
person acting under the authority of, or complying with an order given by, a
person or a court under this Act).
Maximum penalty: $10 000.
(2) If—
(a) a
person is given a direction by a person exercising a power or function under
this Act; and
(b) the
person, without lawful excuse, fails to comply with the direction; and
(c) no
other offence is specifically prescribed with respect to such a failure,
then the person is guilty of an offence
under this subsection.
Maximum penalty: $5 000.
126—Impersonating an emergency services officer etc
(1) A person must not falsely represent that he
or she is a member of an emergency services organisation or other person with
responsibilities under this Act.
Maximum penalty: $10 000.
(2) A person must not, without lawful authority—
(a) wear
any insignia or special apparel issued to a member of an emergency services
organisation for the purposes of this Act; or
(b) use
any special equipment issued to a member of an emergency services organisation
for the purposes of this Act,
in circumstances where to do so would lead
to a reasonable belief that he or she was a member of an emergency services
organisation.
Maximum penalty: $10 000.
(1) No civil or criminal liability will attach
to a member of an emergency services organisation, a person appointed or
authorised to act under this Act by the Commission, or other person for an
honest act or omission—
(a) in
the exercise or discharge, or purported exercise or discharge, of a power or
function under this Act; or
(b) in
the carrying out of any direction or requirement given or imposed at the scene
of a fire or other emergency.
(2) A
liability that would, but for subsection (1), lie against a person lies
instead against the Crown.
(3) A person (the "injured person")
who suffers injury, loss or damage as a result of the act or omission of a
member of an emergency services organisation who is a volunteer may not sue the
member personally unless—
(a) it
is clear from the circumstances of the case that the immunity conferred by
subsection (1) does not extend to the case; or
(b) the
injured person brings an action in the first instance against the Crown but the
Crown then disputes, in a defence filed to the action, that it is liable for
the act or omission of the member.
(4) Without limiting subsection (1), no
liability attaches to SACFS, the South Australian Bushfire Prevention Advisory
Committee, a regional or district bushfire prevention committee or a council
(or the members of any of them) by virtue of the fact that a bushfire
prevention plan—
(a) has
not been prepared under this Act in relation to a particular part of this
State; or
(b) has
been so prepared but has not been implemented, or fully implemented.
128—Exemption from certain rates and taxes
All emergency services organisations are
exempt from—
(a) water
and sewerage rates;
(b) land
tax;
(c) the
emergency services levy.
An emergency services organisation or a council may erect a siren
in a suitable place for the purpose of giving warning of the outbreak or threat
of a fire or the occurrence or threat of an emergency, and may test and use the
siren.
A body within the emergency services sector may furnish its
officers, members and employees with such uniforms and insignias as it thinks
suitable.
131—Protection of names and logos
(1) In this section—
official insignia means—
(a) any
logo declared by the Commission by notice in the Gazette to be a logo for the
purposes of this section; and
(b) any
of the following (whether appearing or used in full or in an abbreviated form
or alone or in combination with other words or symbols):
(i) "South
Australian Fire and Emergency Services Commission", "SAFECOM"
and "SAFESC";
(ii) "South
Australian Metropolitan Fire Service", "SAMFS" or
"MFS";
(iii) "South
Australian Country Fire Service", "SACFS" or "CFS";
(iv) "South
Australian State Emergency Service", "SASES" or "SES";
(v) any
other name, title or expression declared by the Commission by notice in the
Gazette to be an official title for the purposes of this section; and
(c) any
combination of a logo under paragraph (a) and a name, title or expression under
paragraph (b).
(2) The
Commission must not make a declaration under subsection (1) without the consent
of the Minister.
(3) A person must not, without the consent of
the Commission, assume a name or description that consists of, or includes,
official insignia.
Maximum penalty: $10 000.
(4) A consent under this section—
(a) may
be given with or without conditions (including conditions requiring payment to
the Commission);
(b) may
be given generally by notice in the Gazette or by notice in writing addressed
to an applicant for the consent;
(c) may
be revoked by the Commission for breach of a condition, or for any other
reasonable cause, by notice in writing given personally or by post to a person
who has the benefit of the consent.
(5) The
Supreme Court may, on the application of the Commission, grant an injunction to
restrain a breach of this section.
(6) The court by which a person is convicted of
an offence against this section may, on the application of the Commission—
(a) order
the convicted person to pay compensation of an amount fixed by the court to the
Commission;
(b) order
the convicted person to surrender any item that bears any official insignia to
the Commission.
(7) Subsections
(5) and (6) do not derogate from any civil remedy that may be available to the
Commission, or any emergency services organisation, apart from those
subsections.
(1) Police
must, at the request of SAMFS, SACFS or SASES, attend at the scene of a fire or
other emergency in order to preserve order or to assist at the scene.
(2) A police officer attending at the scene of
a fire or other emergency may—
(a) remove
to such place as the police officer thinks fit any person who obstructs or
threatens to obstruct any operations under this Act; and
(b) act
to co-ordinate operations at the scene of the fire or other emergency; and
(c) exercise
any other power or function that appears to be necessary or desirable in the
circumstances.
(1) A
member of an emergency services organisation, a fire prevention officer, a fire
control officer, a police officer or an authorised officer may direct a person
who he or she reasonably suspects has committed, is committing or is about to
commit, an offence against this Act to state the person's full name and usual
place of residence and to produce evidence of the person's identity.
(2) A person to whom a direction is given under
subsection (1) must immediately comply with the direction.
Maximum penalty: $5 000.
(3) In this section—
authorised officer means a person authorised by the Commission (either
personally or by the designation of a class of persons) to exercise the powers
of an authorised officer under this section.
134—Unauthorised fire brigades
(1) A person must not, without the approval of
the Commission or the Chief Officer of SACFS, be a member of a fire brigade in
the country that is not an SACFS organisation.
Maximum penalty: $1 250.
(2) In this section—
fire brigade means a group of people equipped to deal with fires on behalf of
a local community.
135—Interference with fire plugs, fire alarms etc
A person must not without reasonable
excuse—
(a) conceal,
remove, damage, interfere with or obstruct access to—
(i) a
fireplug, hydrant, booster or suction point; or
(ii) a
mark or sign used for the purpose of indicating the presence or position of a
fireplug, hydrant, booster or suction point; or
(iii) a
fire alarm or signalling device for giving notice of fire or other emergency;
or
(b) give a false alarm of fire or other
emergency.
Maximum penalty: $5 000.
136—False or misleading statements
A person must not, in furnishing
information under this Act, make a statement that is false or misleading in a
material particular.
Maximum penalty: $5 000.
(1) If
a person is convicted of an offence against this Act and after that conviction
the act or omission of that person that constituted the offence continues, the
person is guilty of a further offence, and is liable to an additional penalty
for each day on which the act or omission continues of an amount not exceeding
one-tenth of the maximum penalty for the offence of which the person was
convicted.
(2) For
the purposes of subsection (1), an obligation to do something is to be
regarded as continuing until the act is done, notwithstanding that any period
within which, or time before which, the act is required to be done, has expired
or passed.
138—Offences by bodies corporate
(1) If
a body corporate commits an offence against this Act, any director or manager
of the body corporate is also guilty of an offence and liable to the same
penalty as may be imposed for the principal offence when committed by a natural
person unless it is proved that he or she could not, by the exercise of
reasonable diligence, have prevented the commission of the principal offence by
the body corporate.
(2) A
person may be prosecuted and convicted of an offence under this section whether
or not the body corporate has been prosecuted or convicted of the offence
committed by the body corporate.
In any proceedings for an offence against this Act in which it is
established that the defendant lit or maintained a fire during the fire danger
season or on a day on which a total fire ban was imposed, the onus lies on the
defendant to prove some lawful authorisation to light or maintain the fire.
An allegation in any proceedings under
this Act that on a particular date or during a particular period—
(a) a
specified person was or was not the owner or occupier of specified land; or
(b) a
specified person was the holder of a specified delegation or authority under
this Act; or
(c) a
specified person was or was not a member of an emergency services organisation,
a fire prevention officer, a fire control officer or another officer appointed
under this Act; or
(d) a
specified order, direction or requirement under this Act was in force; or
(e) a
specified person was not the holder of a specified permit under this Act,
must, in the absence of proof to the contrary, be accepted as
proved.
141—Insurance policies to cover damage
All policies of insurance against damage or loss of property
caused by fire or occurring during the course of any other emergency will be
taken to extend to damage or loss arising from measures taken by any person
acting in pursuance of an authority conferred by or under this Act at the scene
of the fire or other emergency.
142—Payment of costs and expenses for certain vessels and property
(1) If
an SAMFS fire brigade or an SACFS brigade attends at the scene of a fire or
other emergency occurring on a prescribed vessel, the costs and expenses
incurred by the fire brigade or brigade (as the case may be) are recoverable by
the relevant entity as a debt from the owner of the vessel and the owner of any
personal property that is in the vessel at the time of the fire or other
emergency.
(2) If the owners of personal property are
liable under subsection (1), the relevant entity—
(a) must
apportion the costs and expenses between the owner of the personal property and
the owner of the vessel; and
(b) must
cause a written notice indicating the apportionment to be served on the owner
of the personal property and the owner of the vessel.
(3) A
notice under subsection (2)(b) is final and binding on all parties.
(4) The
Crown is not, under any circumstances, liable to pay the costs and expenses
referred to in this section or any part of such costs and expenses.
(5) In
any proceedings under this section, a certificate apparently signed by the
Chief Officer of the relevant entity certifying the cost of the attendance is,
in the absence of proof to the contrary, to be accepted as proof of the costs
and expenses incurred by the fire brigade.
(6) The
Chief Officer of the relevant entity or an authorised officer may, without any
warrant or authority other than this Act, distrain a vessel or the tackle or
goods of a vessel in respect of which any costs and expenses are owed to the
relevant entity pursuant to this section.
(7) If
the costs and expenses owed to the relevant entity pursuant to this section are
not paid with 7 days after the distress, the relevant entity may cause the
property distrained or any part of the property distrained to be sold, and out
of the proceeds of the sale may pay the amount of the costs and expenses and
the costs and expenses of the distress, keeping and sale to the relevant entity.
(8) If the owner of the vessel or the owner of
the personal property evades or attempts to evade the payment of the costs and
expenses owed to the relevant entity, he or she is guilty of an offence.
Maximum penalty: $5 000.
(9) In this section—
authorised officer means a person authorised by the Chief Officer of SAMFS or
the Chief Officer of SACFS;
prescribed vessel means any vessel other than a vessel for which an
emergency services levy under the Emergency Services Funding Act 1998
has been paid;
relevant entity means—
(a) in
relation to an SAMFS fire brigade—SAMFS;
(b) in
relation to an SACFS brigade—SACFS.
(1) An
organisation within the emergency services sector may impose prescribed fees
and charges in connection with the provision of any service of a prescribed
kind undertaken in the performance of its functions.
(2) The regulations may, for example, prescribe
a fee or charge in connection with any of the following:
(a) the
attendance at any premises or place in response to a false alarm;
(b) the
monitoring of any alarm or situation;
(c) the
provision of any advice or report;
(d) the
provision, inspection, testing, servicing or repairing of any plant or
equipment;
(e) the
provision of assistance to clean-up any place after an accident or other
incident involving the spillage or escape of any substance or material;
(f) the
performance of any recovery operations;
(g) the
conducting of any training course.
(3) A
fee or charge may be fixed by reference to any factor prescribed by the
regulations.
(1) An
emergency services organisation may permit any fire brigade, brigade or unit
within the organisation (as the case may be) to be engaged on special service
at such remuneration and on such terms as the emergency services organisation
may determine.
(2) Without
limiting subsection (1), a fire brigade, brigade or unit may undertake by
agreement with the owner or occupier of land to clear bush, grass or other
flammable material from the land, or to undertake any other work on the land,
for the purpose of preventing or inhibiting the outbreak of fire on the land,
or the spread of fire through the land, or for the purpose of dealing with any other
emergency on the land.
(3) Any
money received by a fire brigade, brigade or unit in undertaking any activity
under this section must (after deducting expenses) be used for the purposes of
this Act (and, in the case of an SACFS brigade, for the purpose of its
operations in its local area).
(1) An
organisation within the emergency services sector may make any of its staff or
members, and any equipment or facilities, available to assist in dealing with
any fire or other emergency, or the threat of any fire or other emergency, at a
place outside the State.
(2) An
organisation may act under subsection (1) on such terms and conditions as
the organisation may determine.
146—Recognised interstate organisations
(1) A
member of a recognised interstate organisation who is present at the scene of a
fire or other emergency in this State may, if there is no officer of an
emergency services organisation in control of operations to deal with the fire
or other emergency, exercise any power vested in an officer of an emergency
services organisation under this Act.
(2) In this section—
recognised interstate organisation means an organisation formed outside this
State and declared by the Commission or a Chief Officer of an emergency
services organisation, by notice published in the Gazette, to be a recognised
interstate organisation.
(1) The
Commission or any emergency services organisation is entitled to be heard at
any inquest into the causes of a fire or other emergency and may be represented
at the inquest by counsel or by one of its officers.
(2) For
the purposes of subsection (1), an officer of the Commission will be a
person designated as an officer by the Commission.
(1) The
Governor may make such regulations as are contemplated by, or as are necessary
or expedient for the purposes of, this Act.
(2) Without
limiting the generality of subsection (1), regulations may be made with
respect to any of the matters specified in Schedule 5.
(3) A regulation under this Act—
(a) may
make different provision according to the matters or circumstances to which
they are expressed to apply;
(b) may
be of general or limited application;
(c) may
provide that any matter or thing is to be determined, dispensed with, regulated
or prohibited according to the discretion of the Minister or any other person
or body prescribed by the regulations;
(d) may—
(i) exempt,
or empower the Minister to exempt, a person, or a person of a class, from the
operation of any provision of this Act;
(ii) declare
that this Act, or any provision of this Act, does not apply, or applies with
prescribed variations, to, or in relation to—
(A) a
circumstance or situation (or circumstance or situation of a prescribed class);
or
(B) a
place or area within the State,
specified in the regulation.
(4) A
regulation under subsection (3)(d) may operate subject to such limitations
and conditions as may be specified in the regulation.
(1) The
Minister must cause a review of the operation of this Act to be conducted and a
report on the results of the review to be submitted to him or her.
(2) The
review must include an assessment of the extent to which the enactment of this
Act has led to improvements in the management and administration of
organisations within the emergency services sector and to increased
efficiencies and effectiveness in the provision of fire and emergency services
within the community.
(3) The
review must be undertaken after the second anniversary of the commencement of
this Act and the report must be submitted to the Minister within 6 months
after that second anniversary.
(4) The
Minister must, within 12 sitting days after receiving the report under this
section, have copies of the report laid before both Houses of Parliament.
Schedule 1—Appointment and selection of assessors for District Court proceedings under Part 3
(a) a
panel appointed from persons nominated by the Chief Officer of SAMFS;
(b) a
panel appointed from officers nominated by UFU;
(c) a
panel appointed from firefighters nominated by UFU.
3 A member of a
panel is, on the expiration of a term of office, eligible for reappointment.
4 Subject to
clause 5, a Judge of the District Court must select—
(a) 1
member from the panel made up of persons nominated by the Chief Officer of
SAMFS; and
(b) —
(i) if
the appellant is an officer—1 member from the panel made up of officers
nominated by UFU; or
(ii) if
the appellant is a firefighter—1 member from the panel made up of firefighters
nominated by UFU,
to sit with the District Court in any proceedings where the Court
is to sit with assessors.
Schedule 2—Code of conduct to be observed by officers and firefighters for the purposes of Part 3
An officer or a firefighter—
(a) must
not, without proper excuse, be absent from, or late in attending, any place at
which he or she is required to attend in the course of his or her duty;
(b) must
not, without proper excuse, disobey an order of an officer or firefighter who
is of superior rank and must not be guilty of insubordination;
(c) must
not neglect his or her duty—
(i) by
failing to carry out duties promptly and diligently;
(ii) by
failing to report to the Chief Officer of SAMFS or other proper authority any
matter that is relevant to the administration of this Act and of which he or
she has knowledge;
(iii) in
any other manner;
(d) must
not be negligent in the performance of his or her duty under this Act;
(e) must
not exercise his or her authority under this Act in an unnecessarily oppressive
manner;
(f) must
not, without proper excuse, damage or destroy, or permit the damage or
destruction of, property belonging to SAMFS;
(g) must
not, without proper excuse, fail to report to the Chief Officer of SAMFS or
other proper authority any damage to, or loss or destruction of, any property
belonging to SAMFS;
(h) must
not, without proper authority, alter or remove an entry in a book, document or
other record belonging to SAMFS;
(i) must
not, without proper excuse, use property belonging to SAMFS for an unauthorised
purpose;
(j) must
not knowingly make a false or misleading statement in the course of his or her
duty under this Act;
(k) must
not fail to account for money or property of SAMFS that comes into his or her
possession;
(l) must
not use his or her position as an officer or firefighter to obtain an ulterior
pecuniary or material benefit;
(m) must
not, without proper excuse, render himself or herself unfit, by the consumption
of alcohol or the use of any other drug, to carry out any duty under this Act;
(n) must
not consume alcohol or use a drug (other than alcohol or a drug prescribed by a
medical practitioner) in the course of performing any duty under this Act;
(o) must
not, while on duty, engage in gambling;
(p) must
not, while on duty, act in a disorderly manner or in a manner that is likely to
be prejudicial to the maintenance of discipline in the fire service conducted
by SAMFS;
(q) must
not, without proper excuse, fail to be of clean and tidy appearance and of
courteous demeanour when in uniform in a public place;
(r) must
not divulge to the public confidential information acquired by him or her in
the course of his or her duty;
(s) must
not, without proper authority, make a public statement purporting to be made on
behalf of the Chief Officer or SAMFS.
1—Terms and conditions of office
(1) A
member of the Advisory Committee to be appointed by the Governor will be
appointed for a term not exceeding 3 years and on such conditions as the
Governor determines and, at the expiration of a term of appointment, will be
eligible for reappointment.
(2) The Governor may remove a member appointed
by the Governor from office—
(a) for
a breach of, or non-compliance with, a condition of appointment; or
(b) for
mental or physical incapacity to carry out official duties satisfactorily; or
(c) for
neglect of duty; or
(d) for
misconduct.
(3) The office of a member becomes vacant if
the member—
(a) dies;
or
(b) completes
a term of office and is not reappointed; or
(c) resigns
by written notice to the Minister; or
(d) is
removed from office under subclause (2).
(4) On
the office of a member becoming vacant, a person must be appointed in
accordance with this Act to the vacant office.
(1) The
presiding member will, if present at a meeting, preside at that meeting, and in
the absence of that member, a member chosen by those present will preside.
(2) 8
members constitute a quorum of the Advisory Committee.
(3) Subject
to this clause, each member present at a meeting has 1 vote on a matter arising
for decision at the meeting.
(4) A
decision carried by a majority of members present at a meeting of the Advisory
Committee is a decision of the Advisory Committee.
(5) In
the event of an equality of votes on a matter arising for the decision, the
person presiding at the meeting has a second or casting vote.
(6) Subject
to this Act, the business of the Advisory Committee will be conducted in such
manner as the Advisory Committee determines.
An act or proceeding of the Advisory Committee is not invalid by
reason only of a vacancy in its membership or a defect in the appointment of a
member.
(1) A member of the Advisory Committee who has
a direct or indirect personal or pecuniary interest in a matter decided or
under consideration by the Advisory Committee—
(a) must,
as soon as reasonably practicable, disclose in writing to the Advisory
Committee full and accurate details of the interest; and
(b) must
not take part in any discussion by the Advisory Committee relating to that
matter; and
(c) must
not vote in relation to that matter; and
(d) must be absent from the meeting room when
any such discussion or voting is taking place.
Maximum penalty: $20 000.
(2) Without
limiting the effect of this clause, a member will be taken to have an interest
in a matter for the purposes of this clause if an associate of the member has
an interest in the matter.
(3) This
clause does not apply in relation to a matter in which a member has an interest
while the member remains unaware that he or she has an interest in the matter,
but in any proceedings against the member the burden will lie on the member to
prove that he or she was not, at the material time, aware of his or her interest.
(4) The
Minister may, by notice published in the Gazette, exempt a member
(conditionally or unconditionally) from the application of a provision of this
clause, and may, by further notice published in the Gazette, vary or revoke
such an exemption.
(5) Non-compliance
by a member with a duty imposed by this clause constitutes a ground for removal
of the member from office.
(6) If a member or former member is convicted
of an offence for a contravention of this clause, the court by which the person
is convicted may, in addition to imposing a penalty, order the convicted person
to pay to the Minister—
(a) if
the court is satisfied that the person or any other person made a profit as a
result of the contravention—an amount equal to the profit; and
(b) if
the court is satisfied that any loss or damage has been suffered as a result of
the contravention—compensation for the loss or damage.
(7) If a member or former member is guilty of a
contravention of this clause, the Minister may (whether or not proceedings have
been brought for the offence) recover from the person by action in a court of
competent jurisdiction—
(a) if
the person or any other person made a profit as a result of the contravention—an
amount equal to the profit; and
(b) if
any loss or damage has been suffered as a result of the contravention—compensation
for the loss or damage.
Schedule 4—Supplementary provisions relating to regional and district bushfire prevention committees
In this Schedule—
committee means—
(a) a
regional bushfire prevention committee; or
(b) a
district bushfire prevention committee;
responsible authority means—
(a) in
relation to a regional bushfire prevention committee—the Chief Officer of
SACFS;
(b) in
relation to a district bushfire prevention committee—the council, or councils,
that established the committee.
2—Terms and conditions of office
(1) A
person appointed to a committee will be appointed for a term not exceeding 2
years and on such conditions as the responsible authority determines after
consultation with the Minister and, at the expiration of a term of appointment,
will be eligible for reappointment.
(2) The
responsible authority may remove a member from office for any reasonable cause.
(3) The
responsible authority may appoint a suitable person to any vacancy in the
membership of a committee.
The responsible authority may, if it thinks fit, provide that a
committee will have a constitution determined by the responsible authority.
(1) A
committee must, on an annual basis, elect 1 of its members to be its presiding
member.
(2) The
presiding member will, if present at a meeting, preside at that meeting, and in
the absence of that member, a member chosen by those present will preside.
(3) Subject
to subclause (4), a committee may act notwithstanding vacancies in its
membership.
(4) The
prescribed number of members of a committee constitutes a quorum of the committee.
(5) In
subclause (4), the prescribed number is a number ascertained by dividing the
total number of members of the committee by 2, ignoring any fraction resulting
from the division, and adding 1.
(6) Subject
to this clause, each member present at a meeting has 1 vote on a matter arising
for decision at the meeting.
(7) A
decision carried by a majority of members present at a meeting of a committee
is a decision of the committee.
(8) In
the event of an equality of votes on a matter arising for the decision, the
person presiding at the meeting has a second or casting vote.
(9) Subject
to this Act and the committee's constitution (if any), the business of a
committee will be conducted in such manner as the responsible authority
determines or, in the absence of a determination of the responsible authority
in relation to the matter, in such manner as the committee itself determines.
(1) A member of a committee who has a direct or
indirect personal or pecuniary interest in a matter decided or under
consideration by the committee—
(a) must,
as soon as reasonably practicable, disclose in writing to the committee full
and accurate details of the interest; and
(b) must
not take part in any discussion by the committee relating to that matter; and
(c) must
not vote in relation to that matter; and
(d) must be absent from the meeting room when
any such discussion or voting is taking place.
Maximum penalty: $20 000.
(2) Without
limiting the effect of this clause, a member will be taken to have an interest
in a matter for the purposes of this clause if an associate of the member has
an interest in the matter.
(3) This
clause does not apply in relation to a matter in which a member has an interest
while the member remains unaware that he or she has an interest in the matter,
but in any proceedings against the member the burden will lie on the member to
prove that he or she was not, at the material time, aware of his or her
interest.
(4) The
Minister may, by notice published in the Gazette, exempt a member
(conditionally or unconditionally) from the application of a provision of this
clause, and may, by further notice published in the Gazette, vary or revoke
such an exemption.
(5) Non-compliance
by a member with a duty imposed by this clause constitutes a ground for removal
of the member from office.
(6) If a member or former member is convicted
of an offence for a contravention of this clause, the court by which the person
is convicted may, in addition to imposing a penalty, order the convicted person
to pay to the Minister—
(a) if
the court is satisfied that the person or any other person made a profit as a
result of the contravention—an amount equal to the profit; and
(b) if
the court is satisfied that any loss or damage has been suffered as a result of
the contravention—compensation for the loss or damage.
(7) If a member or former member is guilty of a
contravention of this clause, the Minister may (whether or not proceedings have
been brought for the offence) recover from the person by action in a court of
competent jurisdiction—
(a) if
the person or any other person made a profit as a result of the contravention—an
amount equal to the profit; and
(b) if
any loss or damage has been suffered as a result of the contravention—compensation
for the loss or damage.
1 The giving of
notice to a prescribed person or body in prescribed circumstances.
(a) provide
for the discipline of fire brigades, and of the officers and other members of
fire brigades;
(b) provide
for the practice and procedure of the Disciplinary Committee under Part 3
Division 7.
(a) make
any provision with respect to the formation, constitution, rules and operations
of SACFS organisations, and any related organisational or administrative
matters;
(b) make
any provision with respect to—
(i) the
eligibility of persons to be members of SACFS organisations;
(ii) the
registration, training, functions and duties of the members of SACFS
organisations;
(iii) management
matters relating to membership of SACFS organisations;
(c) make
any provision with respect to—
(i) the
determination of complaints against members of SACFS organisations;
(ii) the
disciplining, in appropriate cases, of members of SACFS organisations.
(a) make
any provision with respect to the formation, constitution, rules and operations
of SASES units, and any related organisational or administrative matters;
(b) make
any provision with respect to—
(i) the
eligibility of persons to be members of SASES units;
(ii) the
registration, training, functions and duties of the members of SASES units;
(iii) management
matters relating to membership of SASES units;
(c) make
any provision with respect to—
(i) the
determination of complaints against members of SASES units;
(ii) the
disciplining, in appropriate cases, of members of SASES units.
(a) the
prevention, control, suppression, containment, mitigation or extinction of
fire; or
(b) the
prevention or mitigation of, or the means of dealing with, other emergencies;
or
(c) the
safety of life or property in the event of a fire or other emergency.
10 The prescription
of any form for the purposes of this Act.
12 The design or use
of any uniform, badge or insignia.
14 Fixing expiation
fees, not exceeding $500, for alleged offences against the regulations.
15 Evidence in
proceedings for an offence against the regulations.
Schedule 6—Related amendments, repeals and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment
of Development Act 1993
2—Amendment of section 4—Definitions
Section 4(1), definition of fire
authority—delete "Country Fire Service" and substitute:
South Australian Country Fire Service
3—Amendment of section 71—Fire safety
Section 71(19)(a)(ii)—delete "Country
Fire Service" and substitute:
South Australian Country Fire Service
Part 3—Amendment
of Electricity Act 1996
4—Amendment of section 53—Electricity entity may cut off electricity supply to avert damage
Section 53(2)—delete "Country Fire
Service Board, or a delegate of that Board," and substitute:
Chief Officer of the South Australian Country Fire Service
5—Amendment of section 54—Emergency legislation not affected
(1) Section 54—delete "Essential
Services Act 1981," and substitute:
Essential Services Act 1981 or Fire and Emergency Services Act 2004
(2) Section
54—delete "or State Emergency Service Act 1987
Part 4—Amendment
of Emergency Services Funding Act 1998
6—Amendment of section 3—Interpretation
(1) Section 3(1), definition of emergency
service, paragraph (a)(i)—delete subparagraph (i) and substitute:
(i) the
South Australian Country Fire Service;
(2) Section 3(1), definition of emergency
service, (a)(iii)—delete subparagraph (iii) and substitute:
(iii) the
South Australian State Emergency Service;
7—Amendment of section 28—The Community Emergency Services Fund
(1) Section 28(4)(a)(i)—delete
subparagraph (i) and substitute:
(i) the
South Australian Country Fire Service;
(2) Section 28(4)(a)(iii)—delete
subparagraph (iii) and substitute:
(iii) the
South Australian State Emergency Service; or
(3) Section 28(4)—after paragraph (a) insert:
(ab) in
payment to the South Australian Fire and Emergency Services Commission;
Part 5—Amendment
of Essential Services Act 1981
8—Amendment of section 6—Power to require information
(1) Section 6(3)(c)—delete "State
Emergency Service Act 1987" and substitute:
Fire and Emergency Services Act 2004
(2) Section 6(6)(a)(iii)—delete "State
Emergency Service Act 1987" and substitute:
Fire and Emergency Services Act 2004
Part 6—Amendment
of Gas Act 1997
9—Amendment of section 54—Emergency legislation not affected
(1) Section 54—delete "Essential
Services Act 1981," and substitute:
Essential Services Act 1981 or Fire and Emergency Services Act 2004
(2) Section
54—delete "or State Emergency Service Act 1987"
Part 7—Amendment
of Local Government Act 1999
10—Amendment of section 147—Rateability of land
Section 147(2)—after paragraph (g) insert:
(ga) land
occupied or held by an emergency services organisation under the Fire and
Emergency Services Act 2004;
Part 8—Amendment
of Private Parking Areas Act 1986
11—Amendment of section 4—Interpretation
Section 4(1), definition of exempt
vehicle, (e)—delete "State Emergency Service" and substitute:
South Australian State Emergency Service
Part 9—Amendment
of Summary Offences Act 1953
12—Amendment of section 83B—Dangerous areas
Section 83B(11)(b)—delete paragraph (b)
Part 10—Repeal
of Acts
The following Acts are repealed:
(b) South
Australian Metropolitan Fire Service Act 1936;
(c) State
Emergency Service Act 1987.
Part 11—Transitional
provisions
14—Special provisions relating to the repeal of the Country Fires Act 1989
(1) In this clause—
relevant Act means the Country Fires Act 1989.
(2) Any
real or personal property of the Country Fire Service Board become, on the
commencement of this clause, property of SACFS.
(3) Any
rights or liabilities of the Country Fire Service Board (whether vested or
contingent) become, on the commencement of this clause, rights and liabilities
of SACFS.
(4) A
decision or determination of the Country Fire Service Board that has any force
or effect immediately before the commencement of this clause will be taken to
be a decision or determination of the Chief Officer of SACFS.
(5) The
person holding the office of Chief Officer of the Country Fire Service
immediately before the commencement of this clause continues as the Chief
Officer of SACFS under this Act with the same conditions of employment (and, if
relevant, for the balance of his or her term of appointment).
(6) All
C.F.S. organisations under the relevant Act become, on the commencement of this
clause, SACFS organisations under this Act without affecting any office or
position held in that organisation.
(7) All
C.F.S. regions under the relevant Act become, on the commencement of this
clause, SACFS regions under this Act.
(8) All
money standing to the credit of the Country Fire Service Fund will, after the
commencement of this clause, be managed by SACFS.
(9) All
committees under Part 4 of the relevant Act become, on the commencement of this
clause, committees established under this Act (and all members will be members
of the relevant committees under this Act).
(10) A
person holding an appointment as a fire prevention officer, authorised officer
or fire control officer under the relevant Act will become, on the commencement
of this clause, a person holding the corresponding appointment under this Act.
(11) Any
permit or other authorisation in force under the relevant Act immediately
before the commencement of this Act will continue to have force and effect as
if it were a permit or authorisation issued under the corresponding provision
of this Act.
15—Specific provisions relating to the repeal of the South Australian Metropolitan Fire Service Act 1936
(1) In this clause—
relevant Act means the South Australian Metropolitan Fire Service
Act 1936.
(2) The
person holding the office of Chief Officer of the South Australian Metropolitan
Fire Service immediately before the commencement of this clause continues as
the Chief Officer of SAMFS under this Act with the same conditions of
employment (and, if relevant, for the balance of his or her term of
appointment).
(3) All
fire brigades under the relevant Act become, on the commencement of this
clause, fire brigades under this Act without affecting any office or position
held in that fire brigade.
(4) All
fire districts under the relevant Act become, on the commencement of this
clause, SAMFS fire districts under this Act.
(5) A
person holding an appointment as an authorised officer under the relevant Act
will become, on the commencement of this clause, a person holding the
corresponding appointment under this Act.
(6) A
panel established under Schedule 1 of the relevant Act will become, on the
commencement of this clause, the corresponding panel under Schedule 1 of
this Act.
16—Specific provisions relating to the repeal of the State Emergency Service Act 1987
(1) In this clause—
relevant Act means the State Emergency Service Act 1987.
(2) The
person holding the office of Director of State Emergency Service South
Australia immediately before the commencement of this clause continues as the
Chief Officer of SASES under this Act with the same conditions of employment
(and, if relevant, for the balance of his or her term of appointment).
(3) All
S.E.S. units under the relevant Act become, on the commencement of this clause,
SASES units under this Act without affecting any office or position held in the
unit.
(1) The Minister may, by notice in the Gazette,
transfer a person who is employed in the Emergency Services Administrative Unit
immediately before the commencement of this subclause to—
(a) the
staff of the Commission; or
(b) the
staff of an emergency services organisation,
(so that the person will then be an employee of the Commission or
organisation (as the case may be)).
(2) A
person transferred under subclause (1) will have rights, obligations and
liabilities in respect of his or her employment with the Commission or
organisation that are the same as or equivalent to those that would have
applied had the person remained as an employee within the Public Service.
(3) Subclause (2)
applies to a person subject to any industrial or enterprise award, determination
or agreement that may become binding on the Commission or the organisation (as
the case may be).
(4) The Minister must consult with—
(a) the
Commissioner for Public Employment; and
(b) any
registered association that represents the interests of any person who is being
transferred,
before acting under subclause (1).
(5) The Minister may, by notice in the Gazette,
transfer a person who is employed in the South Australian Metropolitan Fire
Service, the Country Fire Service or the State Emergency Service immediately
before the commencement of this subclause to—
(a) the
staff of the Commission; or
(b) the
staff of another emergency services organisation,
(so that the person will then be an employee of the Commission or
the other organisation (as the case may be)).
(6) The Minister must consult with—
(a) the
Commissioner for Public Employment; and
(b) any
registered association that represents the interests of any person who is being
transferred,
before acting under subclause (5) and the conditions of
employment that will apply to a person on his or her transfer under that
subclause will be determined by the Commissioner for Public Employment.
(7) Despite
a preceding subclause, a person transferred under this clause will be taken to
have continuity of employment without any termination of service and any
transfer will not affect any accrued or accruing right to leave.
(1) The
Governor may, by regulation, make additional provisions of a saving or
transitional nature consequent on the enactment of this Act.
(2) A
provision of a regulation made under subclause (1) may, if the regulation
so provides, take effect from the commencement of this Act or from a later day.
(3) To the extent to which a provision takes
effect under subclause (2) from a day earlier than the day of the
regulation's publication in the Gazette, the provision does not operate to the
disadvantage of a person by—
(a) decreasing
the person's rights; or
(b) imposing
liabilities on the person.
(4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Schedule.