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Police and Emergency Management
Legislation Amendment Bill 2012
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill, which are to amend the
Bushfires Royal Commission Implementation Monitor Act
2011 (BRCIM Act) to extend the operation of that Act, to amend
the Country Fire Authority Act 1958 as to persons who are able
to exercise the powers of the Chief Officer of the Country Fire
Authority where an officer of the Country Fire Authority is not
present, to amend the Police Regulation Act 1958 as to
appointments of Deputy and Assistant Commissioners and as to
standards as to grooming and clothing accessories, and to amend
the Sale of Land Act 1962 to require a vendor's statement to
disclose when land is in a bushfire-prone area and for other
purposes.
Clause 2 provides for the commencement of the Bill. Parts 1, 2, 3, 4 and 6
will come into operation on the day after the Bill receives the
Royal Assent. Part 5 will come into operation on a day to be
proclaimed. If Part 5 does not come into operation before 31 July
2013, it comes into operation on that day.
PART 2--AMENDMENTS TO THE BUSHFIRES ROYAL
COMMISSION IMPLEMENTATION MONITOR ACT 2011
Clause 3 Subclause (1) amends section 3 of the BRCIM Act to insert a
definition of BRCIM Annual Report to mean a report prepared
by the Bushfires Royal Commission Implementation Monitor
(BRCIM) under new section 20(1)(c) or (d) of the BRCIM Act.
571294 1 BILL LA INTRODUCTION 2/5/2012
Those new provisions will provide that the BRCIM must produce
two Annual Reports by 31 July 2013 and 31 July 2014
respectively.
Subclause (2) amends the definition of BRCIM Report to include
reference to a BRCIM Annual Report, in addition to the existing
references to the BRCIM Progress Report and BRCIM Final
Report.
Clause 4 amends section 7(1)(a) of the BRCIM Act to extend the BRCIM's
period of appointment and provide that the BRCIM holds office
for a period specified in his or her instrument of appointment,
ending on 30 September 2014.
Clause 5 Section 20 of the BRCIM Act currently requires the BRCIM to
produce two reports by 31 July 2011 (BRCIM Progress Report)
and 31 July 2012 (BRCIM Final Report). Subclause (1) amends
section 20(1) of the BRCIM Act to require the BRCIM to
produce an additional two reports, to be called Annual Reports,
by 31 July 2013 and 31 July 2014. The Annual Reports will be
subject to the same procedural requirements currently required
for other BRCIM Reports, including tabling in Parliament.
Unlike the BRCIM Final Report, it is not intended that the
Annual Reports provide an overall review of the Implementation
Plan "Implementing the Government's Response to the 2009
Victorian Bushfires Royal Commission--May 2011" or include
any comments on the efficacy of completed implementation
actions. Subclause (2) inserts new section 20(3) in the BRCIM
Act to provide that a BRCIM Annual Report must include a
report on the progress of any implementation action set out in the
Implementation Plan that has not been completed as at the date of
the previous BRCIM Report. A BRCIM Annual Report must
also include a report on any other matter requested by the
Minister for Police and Emergency Services, which may include
any ongoing actions or programs that originated from a
completed implementation action.
Clause 6 amends section 25 of the BRCIM Act to extend the date for the
repeal of the BRCIM Act to 30 September 2014.
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PART 3--AMENDMENTS TO THE COUNTRY FIRE
AUTHORITY ACT 1958
Clause 7 substitutes the reference to "forest officer" in section 33(2)(a) of
the Country Fire Authority Act 1958 with "person to whom
section 30A applies". This will enable forest officers, persons
employed by Parks Victoria or the Department of Sustainability
and Environment (DSE) and persons engaged by the Secretary to
DSE under section 62C of the Forests Act 1958, to exercise the
powers of the Chief Officer of the Country Fire Authority (CFA)
in the country area of Victoria if the CFA is not present and there
is a danger of fire or a fire is burning or has been recently
extinguished.
Section 62C of the Forests Act 1958 provides that the Secretary
to DSE may enter into agreements and arrangements relating to
the prevention and suppression of fire. This applies to
agreements entered into with DSE's Networked Emergency
Organisation partners, such as the Department of Primary
Industries, the Department of Planning and Community
Development, Parks Victoria, VicForests and Melbourne Water,
as well as interstate and international land management
firefighting personnel.
PART 4--AMENDMENTS TO THE POLICE REGULATION
ACT 1958
Clause 8 amends section 4(2) of the Police Regulation Act 1958 to
remove the limitation on the maximum number of Deputy
Commissioners and Assistant Commissioners of Police.
Currently, the Governor in Council appoints Deputy
Commissioners under the Police Regulation Act 1958 and the
Chief Commissioner of Police engages Assistant Commissioners
on executive contracts under the Public Administration Act
2004. However, the provision in the Police Regulation Act
1958 regarding the caps on appointment covers both types of
Commissioners.
This amendment will implement recommendation 16 of the
report of the "Inquiry into the command, management and
functions of the senior structure of Victoria Police" by J. Rush
QC, which calls for the removal of the cap on the number of
Deputy Commissioners (four) and Assistant Commissioners (ten)
that may be appointed.
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Clause 9 inserts a new section 5(2)(c) in the Police Regulation Act 1958
to provide that the Chief Commissioner of Police may determine
standards of grooming and clothing accessories for members of
the police force. The standards may differ based on sex, gender
identity, physical features or religious belief or activity.
The standards may also provide for exceptions, either temporary
or permanent, based on genuine medical, cultural or religious
grounds. Clause 9(3) inserts a definition of acceptable clothing
accessories that includes but is not limited to jewellery, headgear,
sunglasses and makeup. The definition is intended to be
inclusive and broad, in order to include any items that people
may wear or adorn themselves with.
PART 5--AMENDMENTS TO THE SALE OF LAND ACT 1962
Clause 10 Section 32(2) of the Sale of Land Act 1962 outlines the matters
that must be included in a vendor's statement to be given to
purchasers before they sign a contract for a sale of land.
Clause 10 inserts new section 32(2)(dc) in the Sale of Land Act
1962, to require that, if the land is in a bushfire-prone area within
the meaning of regulations made under the Building Act 1993,
the vendor's statement must include a statement that the land is in
such an area. It is not required that such a statement be made
where land is not in a bushfire-prone area.
Regulation 810 of the Building Regulations 2006 provides that
the Minister for Planning may determine that areas which are
subject or likely to be subject to bushfires, are designated
bushfire-prone areas. Specific bushfire construction standards
aimed at improving bushfire protection for residential buildings
apply in designated bushfire-prone areas in Victoria. Free and
easily accessible online tools are available on the Department of
Planning and Community Development website to determine
whether land is in a bushfire-prone area.
Clause 10 will implement the government's response to
recommendation 53 of the 2009 Victorian Bushfires Royal
Commission Final Report and addresses the substance of the
recommendation by encouraging prospective purchasers of land
to undertake their own due diligence and ensure that any
pre-purchase inspection of properties in bushfire-prone areas
assess the bushfire safety of the property, without significantly
increasing the regulatory burden on vendors.
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PART 6--REPEAL OF AMENDING ACT
Clause 11 provides for the repeal of the amending Bill. The repeal of this
Bill does not affect the continuing operation of the amendments
made by the Bill (see section 15(1) of the Interpretation of
Legislation Act 1984).
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