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This is a Bill, not an Act. For current law, see the Acts databases.
Triple Zero Victoria Act 2023 No. of 2023 TABLE OF PROVISIONS Clause Page Part 1--Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 3A Interpretation 6 4 Meaning of call taking and dispatch services 6 5 Act binds the Crown 7 Part 2--Triple Zero Victoria 8 6 Establishment 8 7 Official seal 8 8 Triple Zero Victoria represents the Crown 8 9 Objective of Triple Zero Victoria 9 10 Functions of Triple Zero Victoria 9 11 Minister may confer additional functions on Triple Zero Victoria 10 12 Powers of Triple Zero Victoria 10 13 Triple Zero Victoria may enter into contracts, agreements or arrangements 11 14 Administrative arrangements 11 15 Collaboration with Emergency Management Victoria 11 16 Triple Zero Victoria subject to general direction of the Minister 12 17 Minister may issue directions to Triple Zero Victoria 12 Part 3--The Board and staff 13 Division 1--Establishment and functions of the Board 13 18 Board 13 19 Membership of the Board 13 19A Membership of Interim Board 14 20 Terms and conditions of appointment 15 21 Resignation 16 22 Suspension from office 16 23 Removal from office 18 24 Appointment of acting members of the Board 19 25 Functions of the Board 20 i Clause Page Division 2--Procedure of the Board 21 26 Meetings of the Board 21 27 Quorum and voting 22 27A Interim Board quorum and voting 23 28 Resolutions without meetings 23 29 Validity of decisions 24 Division 3--General 24 30 Disclosure of pecuniary interests 24 31 Delegation by the Board 25 Division 4--Appointment of delegates to the Board 26 32 Appointment of a delegate 26 33 Terms and conditions of appointment 26 34 Resignation and revocation of appointment 27 35 Functions of a delegate 27 36 Obligations of the Board to delegates 28 Division 5--Staff 28 37 Appointment of Chief Executive Officer 28 37A Inaugural Chief Executive Officer 29 38 Appointment of acting Chief Executive Officer 30 39 Functions of the Chief Executive Officer 31 40 Removal and resignation of the Chief Executive Officer 32 41 Staff 33 Part 4--Operational Committee 34 Division 1--Establishment and terms of reference 34 42 Establishment 34 43 Terms of reference 34 44 Endorsement of terms of reference 34 45 Approval of terms of reference 34 46 Review of terms of reference 34 Division 2--Inter-agency strategic priorities 35 47 Inter-agency strategic priorities 35 48 Endorsement of inter-agency strategic priorities 35 49 Approval of inter-agency strategic priorities 35 50 Minister must give approved inter-agency strategic priorities to Police Minister and Ambulance Services Minister 35 51 Review of inter-agency strategic priorities 36 Division 3--Membership and functions of the Operational Committee 36 52 Membership of the Operational Committee 36 ii Clause Page 53 Terms and conditions of appointment 37 54 Resignation 38 55 Functions of the Operational Committee 38 Division 4--Procedure of the Operational Committee 40 56 Meetings of the Operational Committee 40 57 Observer of the Operational Committee 41 58 Quorum of the Operational Committee 41 59 Endorsed advice and minutes of the Operational Committee 41 Part 5--Confidentiality, information sharing and collection 43 60 Request for information from Triple Zero Victoria 43 61 Triple Zero Victoria must disclose information 44 62 Triple Zero Victoria may collect information 45 63 Confidentiality 45 Part 6--Plans and operating budgets 47 64 Strategic Action Plan 47 65 Strategic plans of Triple Zero Victoria 47 66 Corporate plans 48 67 Approval of corporate plan 49 68 Performance of functions inconsistent with corporate plan 50 69 Financial plans and operating budgets of Triple Zero Victoria 50 Part 7--Reports 51 70 Triple Zero Victoria must report to the Operational Committee 51 71 Board must report to Minister and Justice Secretary about performance of Triple Zero Victoria 51 72 Chief Executive Officer must report to the Minister and others 52 73 Chief Executive Officer must report to the Board 53 74 Annual report of Triple Zero Victoria 53 75 Annual report of the Operational Committee 53 Part 8--General 55 Division 1--Role of the Justice Secretary 55 76 Functions of the Justice Secretary 55 77 Delegation by Justice Secretary 55 78 Directions 56 Division 2--Setting agreed performance standards 57 79 Emergency Management Commissioner to set agreed performance standards 57 80 Review of agreed performance standards 58 81 Minister may set additional agreed performance standards 58 82 Inspector-General for Emergency Management and Safer Care Victoria may consult 59 iii Clause Page 83 Publication of agreed performance standards 59 Division 3--Regulations 59 84 Regulations 59 Part 9--Repeal, savings and transitional provisions 61 Division 1--Repeal 61 85 Repeal of Emergency Services Telecommunications Authority Act 2004 61 Division 2--Savings and transitional provisions 61 86 Definitions 61 87 Application of Interpretation of Legislation Act 1984 61 88 Abolition of the Authority and advisory committee 62 89 Transfer of Authority staff 63 90 Superseded references 63 91 Regulations dealing with transitional matters 64 Part 10--Consequential amendments 66 Division 1--Emergency Management Act 1986 66 92 Definitions 66 Division 2--Emergency Management Act 2013 66 93 Definitions 66 94 Constitution of the State Crisis and Resilience Council 66 95 Strategic Action Plan 66 96 Definition 67 97 Functions of the Inspector-General for Emergency Management 67 98 Monitoring of Emergency Services Telecommunications Authority 67 Division 3--Emergency Services Superannuation Act 1986 68 99 Application of Act 68 Division 4--Fire Rescue Victoria Act 1958 68 100 Definitions 68 101 Action on alarm of fire 69 Part 11--Amendment of this Act--repeal of Interim Board provisions 70 102 Repeal of definitions 70 103 Section 3A repealed 70 iv Clause Page 104 Spent provisions in Parts 3 and 6 repealed 70 105 Repeal of Part 10 and this Part 70 ═════════════ Endnotes 71 1 General information 71 v Triple Zero Victoria Act 2023 No. of 2023 [Assented to ] The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The main purposes of this Act are-- (a) to establish Triple Zero Victoria; and (b) to repeal the Emergency Services Telecommunications Authority Act 2004; and (c) to consequentially amend other Acts. 1 Triple Zero Victoria Act 2023 No. of 2023 Part 1--Preliminary 2 Commencement (1) Subject to subsection (2), this Act, other than Part 11, comes into operation on a day or days to be proclaimed. (2) If a provision of this Act, other than Part 11, does not come into operation before 28 August 2024, it comes into operation on that day. (3) Part 11 comes into operation on 28 August 2026. 3 Definitions In this Act-- agreed performance standards means the standards referred to in Division 2 of Part 8; Ambulance Service--Victoria has the same meaning as in section 3(1) of the Ambulance Services Act 1986; Ambulance Services Minister means the Minister administering the Ambulance Services Act 1986; Board means the Triple Zero Victoria Board established by section 18; call taking and dispatch services has the meaning given by section 4; Chair, in relation to the Operational Committee, means the Chair appointed under section 52(1)(k); Chairperson, in relation to the Board, means the Chairperson appointed under section 19(2)(a); Chief Executive Officer means the Chief Executive Officer of Triple Zero Victoria appointed under section 37; corporate plan means a corporate plan prepared under section 66; 2 Triple Zero Victoria Act 2023 No. of 2023 Part 1--Preliminary Country Fire Authority has the same meaning as Authority has in section 3(1) of the Country Fire Authority Act 1958; delegate means a delegate appointed to the Board under section 32; Department has the same meaning as in section 4(1) of the Public Administration Act 2004; Deputy Chairperson, in relation to the Board, means the Deputy Chairperson appointed under section 19(2)(b); Emergency Management Commissioner has the same meaning as in section 3 of the Emergency Management Act 2013; Emergency Management Victoria has the same meaning as in section 3 of the Emergency Management Act 2013; emergency services organisation means-- (a) Ambulance Service--Victoria; or (b) the Country Fire Authority; or (c) Fire Rescue Victoria; or (d) Victoria Police; or (e) the Victoria State Emergency Service; or (f) a government agency; or (g) a prescribed body; Fire Rescue Victoria has the same meaning as in section 3(1) of the Fire Rescue Victoria Act 1958; government agency means any body corporate or unincorporate constituted by or under an Act for a public purpose; 3 Triple Zero Victoria Act 2023 No. of 2023 Part 1--Preliminary Health Department means the Department of Health; health information has the same meaning as in section 3(1) of the Health Records Act 2001; Inspector-General for Emergency Management has the same meaning as in section 3 of the Emergency Management Act 2013; inter-agency strategic priorities means the inter-agency strategic priorities prepared by the Operational Committee under section 47; Interim Board has the same meaning as Board has until section 19 applies; Justice Department means the Department of Justice and Community Safety; Justice Secretary means the Secretary to the Justice Department; Operational Committee means the Operational Committee established by the Board under section 42; personal information has the same meaning as in section 3 of the Privacy and Data Protection Act 2014; Police Minister means the Minister administering the Victoria Police Act 2013; related services organisation means-- (a) a prescribed body that uses services provided by Triple Zero Victoria; or (b) an organisation that provides services to or for Triple Zero Victoria that are related to services provided by or for emergency services organisations; 4 Triple Zero Victoria Act 2023 No. of 2023 Part 1--Preliminary relevant day means the day on which Part 3 comes into operation; relevant person or organisation means any of the following-- (a) an emergency services organisation; (b) a related services organisation; (c) the Inspector-General for Emergency Management; (d) Safer Care Victoria; (e) Life Saving Victoria; specified emergency services organisation means-- (a) Ambulance Service--Victoria; or (b) the Country Fire Authority; or (c) Fire Rescue Victoria; or (d) Victoria Police; or (e) the Victoria State Emergency Service; or (f) a prescribed body; State Crisis and Resilience Council has the same meaning as in section 3 of the Emergency Management Act 2013; Strategic Action Plan has the same meaning as in section 3 of the Emergency Management Act 2013; strategic plan means a strategic plan prepared and approved under section 65; Triple Zero Victoria means Triple Zero Victoria established by section 6; 5 Triple Zero Victoria Act 2023 No. of 2023 Part 1--Preliminary unique identifier has the same meaning as in section 3(1) of the Victorian Data Sharing Act 2017; Victoria Police has the same meaning as in section 3(1) of the Victoria Police Act 2013; Victoria State Emergency Service has the same meaning as Service has in section 3 of the Victoria State Emergency Service Act 2005; work program has the same meaning as in section 3 of the Emergency Management Act 2013. 3A Interpretation In this Act, a reference to the Board includes the Interim Board unless the context otherwise requires until the Minister makes the first recommendation under section 19(1). 4 Meaning of call taking and dispatch services In this Act, call taking and dispatch services means-- (a) taking, listening to and recording calls in which assistance is sought from an emergency services organisation or a related services organisation by-- (i) a member of the public; or (ii) a member of an emergency services organisation; or (iii) a member of a related services organisation; and (b) communicating the information received in calls referred to in paragraph (a) to the relevant emergency services organisation or the relevant related services organisation designated to respond to the call and 6 Triple Zero Victoria Act 2023 No. of 2023 Part 1--Preliminary recording any such communication of information. 5 Act binds the Crown This Act binds the Crown in right of Victoria and, to the extent that the legislative power of the Parliament permits, the Crown in all its other capacities. 7 Triple Zero Victoria Act 2023 No. of 2023 Part 2--Triple Zero Victoria Part 2--Triple Zero Victoria 6 Establishment (1) Triple Zero Victoria is established. (2) Triple Zero Victoria-- (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. 7 Official seal (1) The official seal of Triple Zero Victoria-- (a) must be kept in custody as directed by Triple Zero Victoria; and (b) must not be used except as authorised by Triple Zero Victoria. (2) All courts must take judicial notice of the official seal of Triple Zero Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed. 8 Triple Zero Victoria represents the Crown In performing its functions and exercising its powers, Triple Zero Victoria represents the Crown. 8 Triple Zero Victoria Act 2023 No. of 2023 Part 2--Triple Zero Victoria 9 Objective of Triple Zero Victoria The objective of Triple Zero Victoria is to perform its functions and exercise its powers to provide high quality and timely services that-- (a) support emergency services organisations to respond to community needs; and (b) meet agreed performance standards. 10 Functions of Triple Zero Victoria (1) Triple Zero Victoria has the following functions-- (a) to provide timely and effective call taking and dispatch services, including managing times of peak demand; (b) to provide timely and effective operational communications services to emergency services organisations and related services organisations when the operational communications services are not provided within or by the organisation itself; (c) to recognise the right of emergency services organisations and related services organisations to-- (i) assess and vary their own operational standards; and (ii) manage their own resources; and (iii) assume direct control of communications in the event of incidents and emergencies; (d) to perform any other function that is conferred on Triple Zero Victoria by or under this Act or any other Act. 9 Triple Zero Victoria Act 2023 No. of 2023 Part 2--Triple Zero Victoria (2) For the purposes of subsection (1)(b), operational communications services includes facilitating communication between emergency services organisations and related services organisations about the following matters-- (a) any incident detected by an emergency services organisation or related services organisation that requires a response; (b) any event, activity or other matter that requires the attendance of an emergency services organisation or related services organisation; (c) any data or information that is related to an incident, event, activity or other matter referred to in paragraphs (a) and (b); (d) any other operational matters. 11 Minister may confer additional functions on Triple Zero Victoria (1) By Order published in the Government Gazette, the Minister may confer any additional function on Triple Zero Victoria that the Minister considers is necessary. (2) The Minister may confer a function on Triple Zero Victoria for the period of time specified in the Order. 12 Powers of Triple Zero Victoria Triple Zero Victoria has the power to do all things that are necessary or convenient to be done for, or in connection with, or incidental to, the performance of its functions. 10 Triple Zero Victoria Act 2023 No. of 2023 Part 2--Triple Zero Victoria 13 Triple Zero Victoria may enter into contracts, agreements or arrangements Triple Zero Victoria may enter into contracts, agreements or arrangements for, or in connection with, the performance of its functions. 14 Administrative arrangements (1) Triple Zero Victoria must enter into an administrative arrangement with an emergency services organisation on the request of that organisation. (2) An administrative arrangement under subsection (1) must specify the following-- (a) the nature and level of the services to be provided under the arrangement; (b) the agreed performance standards under section 79 that apply to the provision of services under the arrangement. (3) If Triple Zero Victoria and an emergency services organisation are unable to agree on the terms of an administrative arrangement, Triple Zero Victoria or the emergency services organisation may refer the matter to the Emergency Management Commissioner for final determination of the terms of the arrangement. (4) An administrative arrangement must be reviewed by Triple Zero Victoria and the emergency services organisation at least every 5 years. 15 Collaboration with Emergency Management Victoria In performing its functions and exercising its powers, Triple Zero Victoria must collaborate and consult with Emergency Management Victoria. 11 Triple Zero Victoria Act 2023 No. of 2023 Part 2--Triple Zero Victoria 16 Triple Zero Victoria subject to general direction of the Minister In performing its functions and exercising its powers, Triple Zero Victoria-- (a) is subject to the general direction and control of the Minister; and (b) must comply with a direction issued by the Minister. 17 Minister may issue directions to Triple Zero Victoria (1) The Minister may issue written directions to Triple Zero Victoria in relation to the performance of its functions or the exercise of its powers. (2) The Minister must ensure any direction issued under subsection (1) is published in the Government Gazette. (3) Within 14 days after a direction is issued to Triple Zero Victoria under subsection (1), the Chief Executive Officer must ensure a copy of the direction is published on Triple Zero Victoria's website. 12 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff Part 3--The Board and staff Division 1--Establishment and functions of the Board 18 Board Triple Zero Victoria must have a governing body called the Board. 19 Membership of the Board (1) On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may appoint at least 5, but not more than 7, persons to be members of the Board. (2) Of the members appointed under subsection (1)-- (a) one of those members is to be appointed as the Chairperson; and (b) one of those members is to be appointed as the Deputy Chairperson. (3) Before making a recommendation to the Governor in Council under subsection (1), the Minister must consult with-- (a) the Ambulance Services Minister; and (b) the Police Minister. (4) In making a recommendation under subsection (1), the Minister must ensure that each member of the Board has one or more of the following-- (a) knowledge of, or experience in, public administration or commercial, technical, operational, legal or financial matters; (b) public health experience, clinical experience or ambulance service experience; 13 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (c) public safety experience or emergency service experience; (d) any other expertise that is relevant to the performance of Triple Zero Victoria's functions. (5) In making a recommendation under subsection (1), the Minister must ensure that at least one member of the Board is a person who represents the perspective of community users of the call taking and dispatch services provided by Triple Zero Victoria. (6) A person is not eligible to be appointed as a member of the Board if the person is-- (a) an employee of an emergency services organisation; or (b) an employee of Triple Zero Victoria; or (c) an employee of a related services organisation; or (d) a member of a board of a specified emergency services organisation or a related services organisation. (7) This section does not apply until the Minister makes the first recommendation under subsection (1). 19A Membership of Interim Board (1) On and from the relevant day, the Minister, by instrument, may appoint not more than 3 persons to be members of the Interim Board, and of those persons, one is to be appointed as the Chairperson. (2) Before making an appointment under subsection (1), the Minister must consult with-- (a) the Ambulance Services Minister; and (b) the Police Minister. 14 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (3) Of the 3 persons to be appointed under subsection (1), the Minister must ensure-- (a) one has knowledge of, or experience in, public administration or commercial, technical, operational, legal or financial matters; and (b) one has public health experience, clinical experience or ambulance service experience; and (c) one has public safety experience or emergency service experience. (4) A person is not eligible to be appointed as a member of the Interim Board if the person is-- (a) an employee of an emergency services organisation; or (b) an employee of Triple Zero Victoria; or (c) an employee of a related services organisation; or (d) a member of a board of a specified emergency services organisation or a related services organisation. (5) The appointment of a member of the Interim Board does not constitute a term of office. 20 Terms and conditions of appointment (1) A member of the Board-- (a) is to be appointed for the period, not exceeding 3 years, specified in the Order; and (b) is eligible for reappointment; and (c) must not hold office for more than 2 consecutive terms; and 15 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (d) is entitled to remuneration and any travelling and other allowances that are fixed by the Governor in Council from time to time. (1A) Despite subsection (1), a member of the Interim Board-- (a) is to be appointed for a period not exceeding 2 years, specified in the instrument of appointment; and (b) is not eligible for reappointment; and (c) is entitled to remuneration and any travelling and other allowances that are fixed by the Minister from time to time. (2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of a member. 21 Resignation (1) A member of the Board may resign from office by written notice, signed by the member and given to the Governor in Council. (2) Despite subsection (1), a member of the Interim Board may resign by written notice, signed by the member and given to the Minister. 22 Suspension from office (1) On the recommendation of the Minister, the Governor in Council may suspend a member of the Board from office. (2) The Minister may recommend the suspension of a member of the Board from office if the Minister is satisfied that the member-- (a) is under investigation for an indictable offence, or an offence which, if committed in Victoria, would be an indictable offence; or 16 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (b) is under investigation for engaging in conduct which, in the opinion of the Minister, makes the person unsuitable to be a member of the Board. (3) On the recommendation of the Minister, the Governor in Council may lift the suspension of a member of the Board if the investigation has concluded and the Minister is satisfied-- (a) with the outcome of the investigation; or (b) the member should be removed from office under section 23(1). (4) A member suspended under this section is not entitled to remuneration and any travelling and other allowances specified in accordance with section 20. (5) On and from the relevant day until the Minister makes the first recommendation under section 19(1), this section applies as if-- (a) in subsection (1), for "On the recommendation of the Minister, the Governor in Council" there were substituted "The Minister"; and (b) in subsection (2), for "recommend the suspension of" there were substituted "suspend"; and (c) in subsection (3), for "On the recommendation of the Minister, the Governor in Council" there were substituted "The Minister". 17 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff 23 Removal from office (1) On the recommendation of the Minister, the Governor in Council may remove a member of the Board from office at any time. (2) The Minister must recommend the removal of a member of the Board from office if the Minister is satisfied that the member-- (a) has been absent, without the approval of the Board, from 3 consecutive meetings of the Board; or (b) has been convicted of an indictable offence, or an offence which, if committed in Victoria, would be an indictable offence; or (c) has engaged in misconduct; or (d) becomes an insolvent under administration; or (e) becomes an employee of an emergency services organisation; or (f) becomes an employee of a related services organisation; or (g) becomes an employee of Triple Zero Victoria; or (h) becomes a member of a board of a specified emergency services organisation or a related services organisation. (3) On and from the relevant day until the Minister makes the first recommendation under section 19(1), this section applies as if-- (a) in subsection (1), for "On the recommendation of the Minister, the Governor in Council" there were substituted "The Minister"; and 18 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (b) in subsection (2)-- (i) for "recommend the removal of" there were substituted "remove"; and (ii) paragraph (a) were omitted. 24 Appointment of acting members of the Board (1) If the Board has fewer than 5 members, the Minister may appoint as many acting members as are necessary to bring the membership of the Board to 5 members. (1A) On and from the relevant day until the Minister makes the first recommendation under section 19(1), subsection (1) applies as if-- (a) for "Board has fewer than 5" there were substituted "Interim Board has fewer than 3"; and (b) for "Board to 5 members" there were substituted "Interim Board to 3 members". (2) An acting member-- (a) must not hold office for a period of more than 6 months; and (b) may be appointed for a further period, not exceeding 3 months, determined by the Minister; and (c) must not hold office for more than 9 months in any 12 month period. (3) For the purposes of this section, the appointment of an acting member of the Board does not constitute a term of office. (4) In making the appointment, the Minister must ensure an acting member satisfies the terms and conditions of appointment to the Board under section 19(4) and (6). 19 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (5) On and from the relevant day until the Minister makes the first recommendation under section 19(1), subsection (4) applies as if, for "section 19(4) and (6)" there were substituted "section 19A(3) and (4)". 25 Functions of the Board (1) The Board has the following functions-- (a) to build and develop relationships with emergency services organisations and related services organisations; (b) to build and develop relationships with public health agencies or any other prescribed agency to enable effective and efficient delivery of services provided by Triple Zero Victoria; (c) to establish and maintain a sustainable organisational framework for Triple Zero Victoria that meets future demand for services provided by Triple Zero Victoria; (d) to ensure Triple Zero Victoria implements the work program applying to Triple Zero Victoria for the Strategic Action Plan; Note See section 64. (e) to manage any risks identified by, or reported to, the Board that affect Triple Zero Victoria's-- (i) delivery of services; and (ii) ability to meet the agreed performance standards; (f) to perform any other function conferred on the Board by or under this Act or any other Act. 20 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (2) In performing its functions, the Board must-- (a) ensure that the objective of Triple Zero Victoria under section 9 is met; and (b) have regard to any advice that is endorsed by the Operational Committee and provided to the Board under section 59(1)(a). Note See also section 59. (3) In performing its functions, the Board must ensure that the services provided by Triple Zero Victoria are consistent with prudent financial management practices, including by complying with-- (a) requirements under the Financial Management Act 1994; and (b) budget projections within Triple Zero Victoria. Division 2--Procedure of the Board 26 Meetings of the Board (1) The Chairperson must convene a meeting of the Board at least 6 times each year. (2) The Chairperson, or in the absence of the Chairperson, the Deputy Chairperson, must preside at a meeting of the Board. (3) The Deputy Chairperson, in the Chairperson's absence, has and may exercise all the powers, and has and must perform all the functions, of the Chairperson when presiding at a meeting. (4) If the Chairperson or Deputy Chairperson are unable to preside at a meeting, the meeting is postponed and reconvened when the Chairperson, or in the absence of the Chairperson, the Deputy Chairperson, is present. 21 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (5) The Board must ensure that minutes are kept of each meeting. (6) Subject to this Part, the Board may regulate its own procedure. (7) On and from the relevant day until the Minister makes the first recommendation under section 19(1), this section applies as if-- (a) in subsection (1), for "Board at least 6 times each year" there were substituted "Interim Board at least every 2 months"; and (b) in subsection (2), ", or in the absence of the Chairperson, the Deputy Chairperson," were omitted; and (c) subsection (3) were omitted; and (d) in subsection (4), for "or Deputy Chairperson are unable to preside at a meeting, the meeting is postponed and reconvened when the Chairperson, or in the absence of the Chairperson, the Deputy Chairperson" there were substituted "is unable to preside at a meeting, the meeting is postponed and reconvened when the Chairperson". 27 Quorum and voting (1) A majority of the members of the Board for the time being is a quorum for a meeting. (2) A question arising at a meeting of the Board is determined by a majority of votes of the members present and voting on that question. (3) The person presiding at a meeting of the Board has-- (a) a deliberative vote; and (b) in the event of an equality of votes on any question, a casting vote. 22 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (4) This section does not apply until the Minister makes the first recommendation under section 19(1). 27A Interim Board quorum and voting (1) All members of the Interim Board for the time being is a quorum for a meeting. (2) A question at a meeting of the Interim Board is determined by a majority of votes of the members present and voting on the question. (3) The Chairperson of the Interim Board has-- (a) a deliberative vote; and (b) in the event of an equality of votes on any question, a casting vote. (4) If the Chairperson of the Interim Board has a conflict of interest within the meaning of section 30, the Minister may appoint an acting Chairperson to the Interim Board under section 24. (5) For the purposes of subsection (4), an acting Chairperson may be appointed for up to 12 months despite section 24(2). 28 Resolutions without meetings (1) If the members of the Board sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Board held-- (a) on the day on which the document is signed; or (b) if the members do not sign the document on the same day, on the day on which the last of those members signs the document. 23 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (2) If a resolution is taken by this section to have been passed at a meeting of the Board, each member must be advised of the resolution and given a copy of the terms of the resolution as soon as practicable. (3) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is taken to constitute one document. 29 Validity of decisions A decision of the Board is not invalid only because of-- (a) a defect or irregularity in, or in connection with, the appointment of a member of the Board; or (b) a vacancy in the membership of the Board. Division 3--General 30 Disclosure of pecuniary interests (1) If a member or delegate of the Board has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Board, the member or delegate must disclose the nature of the interest at a meeting of the Board as soon as practicable after the relevant facts have come to the knowledge of the member or delegate. Penalty: 60 penalty units. (2) The person presiding at the meeting of the Board must record a disclosure under subsection (1) in the minutes of the meeting. 24 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (3) If a member of the Board has a conflict of interest in a matter being considered, or about to be considered, by the Board, the member-- (a) must not be present during any deliberation of the Board in relation to the matter; and (b) is not entitled to vote on the matter. (4) If a member of the Board votes on a matter in contravention of subsection (3)(b), that vote must be disallowed. (5) If a delegate of the Board has a conflict of interest in a matter being considered, or about to be considered, by the Board, the delegate may be present during any deliberation of the Board in relation to the matter. (6) In this section, conflict of interest includes a direct or indirect pecuniary interest that is held by a member or delegate of the Board in a matter being considered, or about to be considered, by the Board. 31 Delegation by the Board The Board, by instrument, may delegate any of its functions or powers under this Act, other than this power of delegation, to-- (a) an employee of Triple Zero Victoria; or (b) a person engaged to provide services to Triple Zero Victoria; or (c) an employee of a specified emergency services organisation. 25 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff Division 4--Appointment of delegates to the Board 32 Appointment of a delegate (1) The Minister may appoint not more than 2 delegates to the Board if the Minister considers that the appointment will assist the Board to improve the performance of Triple Zero Victoria. (2) For the purposes of subsection (1), the Minister may have regard to any recommendations made by the Ambulance Services Minister or the Police Minister. (3) A delegate is not a member of the Board. (4) A delegate is not entitled to vote in relation to matters being considered by the Board. (5) In determining whether an appointment of a delegate under subsection (1) will assist the Board to improve the performance of Triple Zero Victoria, the Minister must have regard to-- (a) the performance of Triple Zero Victoria, including its financial performance; and (b) the quality and safety of the services provided by Triple Zero Victoria; and (c) whether the Board has requested the appointment. (6) The Minister may appoint a delegate to the Board irrespective of whether the Board has requested the appointment. 33 Terms and conditions of appointment (1) A delegate-- (a) holds office for the period, not exceeding 12 months, specified in the instrument of appointment; and (b) is eligible for reappointment; and 26 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (c) is entitled to be reimbursed reasonable expenses incurred in holding office as a delegate. (2) The instrument of appointment of a delegate-- (a) must be published in the Government Gazette; and (b) must specify the terms and conditions of the appointment; and (c) may specify any remuneration to which the delegate is entitled. (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a delegate in respect of the office of a delegate. 34 Resignation and revocation of appointment (1) A delegate may resign by written notice, signed by the delegate and given to the Minister. (2) The Minister may revoke the appointment of a delegate at any time. 35 Functions of a delegate A delegate has the following functions-- (a) to attend meetings of the Board to observe its decision-making processes; (b) to provide advice to the Board to assist the Board in understanding its obligations under this Act; (c) to advise the Minister and the Justice Secretary on any matter relating to the Board or Triple Zero Victoria. 27 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff 36 Obligations of the Board to delegates The Board must-- (a) permit a delegate to attend any meeting of the Board; and (b) give a delegate any information, or a copy of any notice or other document, at the same time as the information, notice or other document is given to the members of the Board. Division 5--Staff 37 Appointment of Chief Executive Officer (1) With the approval of the Minister, the Board must appoint a person as the Chief Executive Officer of Triple Zero Victoria. (2) The Board must ensure that a person appointed under subsection (1) has-- (a) emergency management experience; or (b) skills and experience that the Board considers to be equivalent to emergency management experience; or (c) skills and experience managing large, complex entities from a related sector, including Departments, the health services sector, corrections or related emergency services organisations. (3) The Board must not appoint a person as the Chief Executive Officer unless the Minister approves the terms and conditions (including remuneration) of the contract of employment. (4) The Chief Executive Officer-- (a) holds office for a period, not exceeding 5 years, specified in the contract of employment; and 28 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (b) may be appointed for a further period, not exceeding 5 years, under a new contract of employment with the approval of the Minister. Note See section 53(4). (5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chief Executive Officer in respect of the office of the Chief Executive Officer. (6) This section does not apply until the Governor in Council has appointed the Board under section 19. 37A Inaugural Chief Executive Officer (1) On and from the relevant day, the Minister may appoint a person as the Chief Executive Officer of Triple Zero Victoria. (2) The Minister must ensure that a person appointed under subsection (1) has-- (a) emergency management experience; or (b) skills and experience that the Minister considers to be equivalent to emergency management experience; or (c) skills and experience managing large, complex entities from a related sector, including Departments, the health services sector, corrections or related emergency services organisations. (3) The Chief Executive Officer-- (a) holds office for a period, not exceeding 2 years, specified in the contract of employment; and 29 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (b) is eligible to be appointed under section 37 after the Governor in Council appoints the Board under section 19. Note See section 53(4). (4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chief Executive Officer in respect of the office of the Chief Executive Officer. 38 Appointment of acting Chief Executive Officer (1) Subject to subsection (2), if the Chief Executive Officer is unable to perform the duties of the Chief Executive Officer, whether because of illness, absence or otherwise, the Board may appoint another person to act in the place of the Chief Executive Officer during the period of inability for a period not exceeding 6 months. (2) For any appointment that is more than 2 months, the Minister must approve-- (a) the appointment; and (b) the terms and conditions of the appointment. (3) The Minister may approve an extension of the appointment under subsection (1) for a further period not exceeding 6 months. (4) While a person is acting as the Chief Executive Officer, the person has and may exercise all the powers, and has and must perform all the functions and duties, of the Chief Executive Officer. 30 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff 39 Functions of the Chief Executive Officer (1) The Chief Executive Officer has the following functions-- (a) to manage the day to day operation of Triple Zero Victoria in accordance with-- (i) the financial and business plans, strategies and budgets approved by the Board; and (ii) the instructions of the Board; (b) to ensure decisions of the Board are implemented efficiently and effectively throughout Triple Zero Victoria; (c) having regard to the needs of the Victorian community, to build and maintain relationships with emergency services organisations, the Justice Department and any other Department to support the delivery of services provided by Triple Zero Victoria; (d) to implement effective and accountable systems to monitor the quality, safety and effectiveness of services provided by Triple Zero Victoria; (e) to implement effective and accountable systems to identify risks in relation to the delivery of services provided by Triple Zero Victoria; (f) to anticipate any future service delivery requirements for Triple Zero Victoria; (g) to plan for the availability of appropriate infrastructure within Triple Zero Victoria to enable it to deliver its services; 31 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (h) to ensure effective and accountable processes and systems by continuously improving the quality and safety of Triple Zero Victoria's services. (2) In performing the functions of the Chief Executive Officer, the Chief Executive Officer must have regard to any advice provided by the Operational Committee under section 59(1)(a). Note See also section 59. (3) The Chief Executive Officer is subject to the direction of the Board. (4) The Chief Executive Officer has the power to do all things that are necessary or convenient to be done for, or in connection with, the performance of the Chief Executive Officer's functions. 40 Removal and resignation of the Chief Executive Officer (1) The Minister or the Board may remove the Chief Executive Officer from office at any time. (2) If the Minister or the Board removes the Chief Executive Officer under subsection (1), the Board must-- (a) give 12 weeks written notice; or (b) give a payment in lieu of written notice. (3) The Chief Executive Officer may resign by written notice, signed by the Chief Executive Officer and given to the Board. (4) Until the Governor in Council has appointed the Board under section 19, this section applies as if-- (a) in subsections (1) and (2), "or the Board" were omitted; and 32 Triple Zero Victoria Act 2023 No. of 2023 Part 3--The Board and staff (b) in subsection (3), for "Board" there were substituted "Minister". 41 Staff (1) Triple Zero Victoria may employ any staff necessary for the performance of its functions on the terms and conditions determined by Triple Zero Victoria. (2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to any staff employed by Triple Zero Victoria under subsection (1). (3) For the purposes of performing its functions, Triple Zero Victoria may engage any person as a contractor or consultant. 33 Triple Zero Victoria Act 2023 No. of 2023 Part 4--Operational Committee Part 4--Operational Committee Division 1--Establishment and terms of reference 42 Establishment The Board must establish an Operational Committee. 43 Terms of reference Subject to this Part, the Operational Committee may determine its own terms of reference. 44 Endorsement of terms of reference The Operational Committee must provide a copy of any proposed terms of reference to the Board for endorsement. 45 Approval of terms of reference Following the Board's endorsement under section 44, the Board must provide a copy of the endorsed terms of reference to the Minister for approval. 46 Review of terms of reference (1) The Operational Committee must review its terms of reference every 2 years. (2) If, after conducting a review, the Operational Committee proposes to make any changes to its terms of reference, the Operational Committee must give a copy of the proposed terms of reference to the Board for endorsement. (3) Following the Board's endorsement under subsection (2), the Board must give a copy of the endorsed terms of reference to the Minister for approval. 34 Triple Zero Victoria Act 2023 No. of 2023 Part 4--Operational Committee Division 2--Inter-agency strategic priorities 47 Inter-agency strategic priorities (1) The Operational Committee must prepare inter-agency strategic priorities for each 2 year period that set out the joint strategic focus of emergency services organisations and Triple Zero Victoria, including priorities of an emergency services organisation for implementation by or in conjunction with Triple Zero Victoria and one or more emergency services organisations in accordance with the functions of Triple Zero Victoria. (2) In preparing the inter-agency strategic priorities, the Operational Committee must ensure that the inter-agency strategic priorities are consistent with the strategic direction of the emergency services sector. 48 Endorsement of inter-agency strategic priorities The Operational Committee must give a copy of the proposed inter-agency strategic priorities to the Board for endorsement. 49 Approval of inter-agency strategic priorities Following the Board's endorsement under section 48, the Board must give a copy of the endorsed inter-agency strategic priorities to the Minister for approval. 50 Minister must give approved inter-agency strategic priorities to Police Minister and Ambulance Services Minister Following the Minister's approval under section 49, the Minister must give a copy of the approved inter-agency strategic priorities to the Police Minister and the Ambulance Services Minister. 35 Triple Zero Victoria Act 2023 No. of 2023 Part 4--Operational Committee 51 Review of inter-agency strategic priorities (1) The Operational Committee must review the inter-agency strategic priorities every 2 years. (2) If, after conducting a review, the Operational Committee proposes to make any changes to the inter-agency operational priorities, the Operational Committee must give a copy of the proposed inter-agency strategic priorities to the Board for endorsement. (3) Following the Board's endorsement under subsection (2), the Board must give a copy of the endorsed inter-agency strategic priorities to the Minister for approval. Division 3--Membership and functions of the Operational Committee 52 Membership of the Operational Committee (1) The Operational Committee consists of the following persons-- (a) the Emergency Management Commissioner; (b) a Deputy Secretary to the Justice Department; (c) a Deputy Secretary to the Health Department; (d) a Deputy Secretary to the Department of Transport and Planning; (e) the chief executive officer of Ambulance Service--Victoria appointed under section 21 of the Ambulance Services Act 1986; (f) the Chief Executive Officer of the Authority within the meaning of the Country Fire Authority Act 1958 or the Chief Officer of all brigades within the meaning of that Act; 36 Triple Zero Victoria Act 2023 No. of 2023 Part 4--Operational Committee (g) the Fire Rescue Commissioner within the meaning of the Fire Rescue Victoria Act 1958; (h) the Chief Commissioner of Police within the meaning of the Victoria Police Act 2013; (i) the Chief Executive Officer within the meaning of the Victoria State Emergency Service Act 2005 or the Chief Officer, Operations within the meaning of that Act; (j) no more than 3 persons appointed by the Board who the Board considers have the skills or experience that are relevant to the functions of the Operational Committee; (k) a person who is appointed by the Board as the Chair. (2) A person appointed under subsection (1)(j) must not be-- (a) a member of the Board; or (b) an employee of Triple Zero Victoria; or (c) an employee of an emergency services organisation. (3) A person appointed under subsection (1)(k) must be a member of the Board. 53 Terms and conditions of appointment (1) A member of the Operational Committee appointed under section 52(1)(a), (b), (c), (d), (e), (f), (g), (h), (i) or (k)-- (a) is not entitled to remuneration; and (b) is entitled to any travelling allowances that are determined by the Board. 37 Triple Zero Victoria Act 2023 No. of 2023 Part 4--Operational Committee (2) A member of the Operational Committee appointed under section 52(1)(j)-- (a) holds office for a period not exceeding 2 years; and (b) is eligible for reappointment; and (c) is entitled to renumeration and any travelling allowances determined by the Board. (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of a member of the Operational Committee. (4) If a member of the Operational Committee is appointed as the Chief Executive Officer, that member immediately ceases to hold office as a member of the Operational Committee. 54 Resignation A member of the Operational Committee appointed under section 52(1)(j) may resign from office by written notice, signed by the member and given to the Chair. 55 Functions of the Operational Committee (1) The functions of the Operational Committee are-- (a) to advise the Board about any matter specified in subsection (2); and (b) to perform any other function conferred on it by or under this Act. (2) The following matters are specified-- (a) Triple Zero Victoria's engagement with the emergency services sector; (b) any risk identified by the Operational Committee that may impact the performance of Triple Zero Victoria's functions and how 38 Triple Zero Victoria Act 2023 No. of 2023 Part 4--Operational Committee the identified risk could be managed and mitigated by Triple Zero Victoria; (c) any risk identified by the Operational Committee that may impact Triple Zero Victoria's ability to meet the agreed performance standards and how the identified risk could be managed and mitigated by Triple Zero Victoria; (d) any risk reported to the Operational Committee under section 70; (e) any improvements to the following-- (i) the performance of services delivered by Triple Zero Victoria that support emergency services organisations to respond to community needs; (ii) any relevant policies and procedures of an emergency services organisation; (f) in respect of a financial year, how each emergency services organisation has supported Triple Zero Victoria in the performance of its functions; (g) in respect of a financial year, how Triple Zero Victoria has supported each emergency services organisation in the performance of the relevant emergency services organisation's functions. 39 Triple Zero Victoria Act 2023 No. of 2023 Part 4--Operational Committee Division 4--Procedure of the Operational Committee 56 Meetings of the Operational Committee (1) The Chair must convene a meeting of the Operational Committee-- (a) at least 4 times each year; and (b) at any other time on the request of a member of the Operational Committee. (2) The Chair must preside at a meeting of the Operational Committee. (3) If the Chair is unable to preside at a meeting of the Operational Committee, the Chair or the Board must nominate a member of the Board to preside at the meeting. (4) A member of the Board nominated under subsection (3) has and may exercise all the powers, and has and must perform all of the functions, of the Chair when presiding at the meeting. (5) An employee of Triple Zero Victoria (other than the Chief Executive Officer) may attend a meeting of the Operational Committee at the Operational Committee's invitation. (6) The Chief Executive Officer must perform a secretariat function at each meeting of the Operational Committee. (7) Subject to this Division, the Operational Committee may regulate its own procedure. 40 Triple Zero Victoria Act 2023 No. of 2023 Part 4--Operational Committee 57 Observer of the Operational Committee (1) The Operational Committee also consists of the following persons as observers-- (a) the Inspector-General for Emergency Management; (b) the Chief Executive Officer of Life Saving Victoria; (c) the Chief Executive Officer of Safer Care Victoria. (2) An observer is not a member of the Operational Committee and is not entitled to vote. (3) An observer appointed under this section-- (a) is not entitled to remuneration; and (b) is entitled to any travelling allowances determined by the Board. 58 Quorum of the Operational Committee The quorum for a meeting of the Operational Committee-- (a) is a majority of the number of members of the Operational Committee for the time being; and (b) must be comprised of 4 members appointed under section 52(1)(e), (f), (g), (h) or (i). 59 Endorsed advice and minutes of the Operational Committee (1) Within 28 days after a meeting of the Operational Committee, the Chair must provide the following information, in writing, to the Board and the Chief Executive Officer-- (a) any advice endorsed by the Operational Committee at the meeting; (b) the minutes of the meeting. 41 Triple Zero Victoria Act 2023 No. of 2023 Part 4--Operational Committee (2) Within 60 days after receiving any advice under subsection (1)(a), the Board must provide a written response to the Operational Committee that includes any steps the Board has taken to implement the Operational Committee's advice. Note See section 25(2)(b). (3) Within 60 days after receiving any advice under subsection (1)(a), the Chief Executive Officer must provide a written response to the Operational Committee that includes any steps the Chief Executive Officer has taken to implement the Operational Committee's advice. Note See section 39(2). 42 Triple Zero Victoria Act 2023 No. of 2023 Part 5--Confidentiality, information sharing and collection Part 5--Confidentiality, information sharing and collection 60 Request for information from Triple Zero Victoria (1) A relevant person or organisation may make a written request to Triple Zero Victoria to provide any information-- (a) relating to Triple Zero Victoria's functions; and (b) that is relevant to the performance of the functions of the relevant person or organisation. (2) Subject to subsection (3), Triple Zero Victoria must disclose any requested information-- (a) within 45 days after receiving a request under subsection (1); or (b) within another period agreed to by Triple Zero Victoria and the relevant person or organisation. (3) If a request is made under subsection (1) and the information requested relates to the operations of another relevant person or organisation, Triple Zero Victoria must seek approval from the other relevant person or organisation before disclosing the information. (4) This section does not affect the operation of-- (a) the Health Records Act 2001; or (b) the Privacy and Data Protection Act 2014; or (c) the Victorian Data Sharing Act 2017. (5) In this section-- information includes-- (a) health information; and 43 Triple Zero Victoria Act 2023 No. of 2023 Part 5--Confidentiality, information sharing and collection (b) personal information; and (c) a unique identifier. 61 Triple Zero Victoria must disclose information (1) Without limiting section 60 and subject to subsection (2), Triple Zero Victoria must disclose to a relevant person or organisation any information held by Triple Zero Victoria that relates to its functions if the information is relevant to the performance of the functions of the relevant person or organisation. (2) If Triple Zero Victoria is required to disclose to a relevant person or organisation any information that relates to the operations of another relevant person or organisation, Triple Zero Victoria must seek approval from the other relevant person or organisation before disclosing the information. (3) This section does not affect the operation of-- (a) the Health Records Act 2001; or (b) the Privacy and Data Protection Act 2014; or (c) the Victorian Data Sharing Act 2017. (4) In this section-- information includes-- (a) health information; and (b) personal information; and (c) a unique identifier. 44 Triple Zero Victoria Act 2023 No. of 2023 Part 5--Confidentiality, information sharing and collection 62 Triple Zero Victoria may collect information (1) For the purposes of Triple Zero Victoria performing its functions and exercising its powers, Triple Zero Victoria may collect information from a relevant person or organisation including the following-- (a) health information; (b) personal information; (c) a unique identifier. (2) A relevant person or organisation may disclose information to Triple Zero Victoria for the purposes of this section. (3) This section does not affect the operation of-- (a) the Health Records Act 2001; or (b) the Privacy and Data Protection Act 2014; or (c) the Victorian Data Sharing Act 2017. 63 Confidentiality (1) A person must not make a record of, use or disclose to any person, any confidential information that is acquired in the performance of the person's functions or the exercise of the person's powers under this Act. Penalty: 60 penalty units. (2) Subsection (1) does not apply if-- (a) the making of the record, use or disclosure of the confidential information is necessary for the purposes of, or in connection with, the performance of the person's functions or exercise of the person's powers under this Act; or 45 Triple Zero Victoria Act 2023 No. of 2023 Part 5--Confidentiality, information sharing and collection (b) the making of the record, use or disclosure of the confidential information is authorised by this Act or any other Act; or (c) the disclosure of the confidential information is made to an Ombudsman officer within the meaning of the Ombudsman Act 1973; or (d) the person to whom the confidential information relates gives written consent to the making of the record, use or disclosure of the information; or (e) the disclosure of the confidential information is made to a court in the course of a criminal proceeding or any other proceeding under this Act or any other Act; or (f) the disclosure of the confidential information is made with the written authority of the Minister. (3) In this section-- confidential information means any information in relation to call taking and dispatch services or operational communications services provided by Triple Zero Victoria. 46 Triple Zero Victoria Act 2023 No. of 2023 Part 6--Plans and operating budgets Part 6--Plans and operating budgets 64 Strategic Action Plan Triple Zero Victoria must-- (a) comply with its obligations under the Strategic Action Plan developed by the State Crisis and Resilience Council; and (b) implement the work program for the Strategic Action Plan. Note See sections 12 and 13 of the Emergency Management Act 2013. 65 Strategic plans of Triple Zero Victoria (1) Triple Zero Victoria must prepare a strategic plan for Triple Zero Victoria for each 3 to 5 year period. (2) In preparing a strategic plan, the Board must consult with the Operational Committee. Note See also section 55(1)(a). (3) The Board must submit the strategic plan to the Minister for approval. (4) After consulting with the Police Minister and the Ambulance Services Minister, the Minister may-- (a) approve the strategic plan; or (b) approve the strategic plan with amendments; or (c) refuse to approve the strategic plan. (5) The Minister must give Triple Zero Victoria written notice of a refusal to approve the strategic plan under subsection (4)(c) which includes the Minister's reasons for refusing to approve the strategic plan. 47 Triple Zero Victoria Act 2023 No. of 2023 Part 6--Plans and operating budgets (6) Triple Zero Victoria must amend and resubmit the strategic plan to the Minister within 30 days after receiving the Minister's decision to refuse to approve the strategic plan. (7) After the Minister approves the strategic plan under this section, the Minister must notify Triple Zero Victoria. (8) Triple Zero Victoria must publish the strategic plan approved under this section on Triple Zero Victoria's website. 66 Corporate plans (1) The Board must prepare a corporate plan-- (a) at least once each financial year; and (b) at any other time directed by the Minister. (1A) Despite subsection (1), the Interim Board is not required to prepare the first corporate plan under this section until the first financial year beginning after the relevant day. (2) In preparing a corporate plan, the Board must-- (a) be informed by the strategic plan; and (b) consult with the Operational Committee. Note See also section 55(1)(a). (3) A corporate plan must include-- (a) how Triple Zero Victoria delivers its strategic priorities for the financial year; and (b) relevant financial information; and (c) information outlining how Triple Zero Victoria intends to meet the agreed performance standards for the financial year; and 48 Triple Zero Victoria Act 2023 No. of 2023 Part 6--Plans and operating budgets (d) workforce matters, including-- (i) resourcing capabilities; and (ii) deployment of resources; and (iii) capability and capacity requirements; and (iv) occupational health and safety and wellbeing considerations; and (e) the following information about how Triple Zero Victoria intends to-- (i) develop and maintain information systems; (ii) manage information and the security of that information; and (f) any other information specified in writing by the Minister. 67 Approval of corporate plan (1) The Board must submit a corporate plan each financial year to the Minister for approval. (2) The Minister may-- (a) approve the corporate plan; or (b) approve the corporate plan with amendments; or (c) refuse to approve the corporate plan. (3) The Minister must give Triple Zero Victoria written notice of a refusal to approve the corporate plan under subsection (2)(c) which includes the Minister's reasons for refusing to approve the corporate plan. (4) The Board must amend and resubmit the corporate plan to the Minister within 30 days after receiving the Minister's decision to refuse to approve the corporate plan. 49 Triple Zero Victoria Act 2023 No. of 2023 Part 6--Plans and operating budgets (5) After the Minister approves the corporate plan under this section, the Minister must notify Triple Zero Victoria. (6) Triple Zero Victoria must publish the corporate plan approved under this section on Triple Zero Victoria's website. 68 Performance of functions inconsistent with corporate plan (1) If the Board proposes to perform its functions in a manner that is inconsistent with the corporate plan, the Board must give written notice to the Minister within 30 days after the Board's decision. (2) If the Board intends to perform a function referred to in subsection (1) on an ongoing basis, the Board must obtain the approval of the Minister for an appropriate variation to the corporate plan. 69 Financial plans and operating budgets of Triple Zero Victoria (1) The Chief Executive Officer must prepare a financial plan and operating budget for Triple Zero Victoria. (2) In preparing the financial plan and operating budget under subsection (1), the Chief Executive Officer must include a statement that the Justice Secretary has endorsed the financial plan and operating budget. (3) The Chief Executive Officer must give the financial plan and operating budget to the Board for approval. 50 Triple Zero Victoria Act 2023 No. of 2023 Part 7--Reports Part 7--Reports 70 Triple Zero Victoria must report to the Operational Committee Triple Zero Victoria must report to the Operational Committee any risk identified by Triple Zero Victoria that may impact the performance of an emergency services organisation's or a related services organisation's functions and how the identified risk could be managed and mitigated by Triple Zero Victoria as soon as practicable after Triple Zero Victoria becomes aware of the information. 71 Board must report to Minister and Justice Secretary about performance of Triple Zero Victoria (1) The Board must give a written report to the Minister and the Justice Secretary about a matter specified in subsection (2) at intervals requested by the Minister or the Justice Secretary. (2) The following matters are specified-- (a) any concerns about the performance of Triple Zero Victoria including in relation to the following-- (i) whether Triple Zero Victoria's performance could impact community safety and cause potential harm; (ii) the performance of services delivered by Triple Zero Victoria; (iii) the impact on the services delivered by emergency services organisations; (b) how Triple Zero Victoria has implemented any advice provided by the Operational Committee; (c) how Triple Zero Victoria has met the agreed performance standards; 51 Triple Zero Victoria Act 2023 No. of 2023 Part 7--Reports (d) any risk identified by the Board that may impact on services delivered by Triple Zero Victoria and how the identified risk could be managed and mitigated by Triple Zero Victoria; (e) the provision of appropriate supports and interventions in relation to emerging concerns or risks impacting service delivery and Triple Zero Victoria's ability to meet agreed performance standards. (3) A copy of any report given by the Board to the Minister or Justice Secretary under subsection (1) must also be given to the Inspector-General for Emergency Management. 72 Chief Executive Officer must report to the Minister and others (1) The Chief Executive Officer must report to the Minister about any information specified in subsection (2) as soon as practicable after the Chief Executive Officer becomes aware of the information. (2) The following information is specified-- (a) a significant issue of public concern affecting Triple Zero Victoria, including potential or actual risk and harm to the community; (b) a significant risk affecting Triple Zero Victoria; (c) the commencement and status of any inquiry into the performance of Triple Zero Victoria. (3) The Chief Executive Officer must also give a copy of a report under subsection (1) to-- (a) the Justice Secretary; and 52 Triple Zero Victoria Act 2023 No. of 2023 Part 7--Reports (b) the Inspector-General for Emergency Management. 73 Chief Executive Officer must report to the Board At each meeting of the Board, the Chief Executive Officer must report to the Board about-- (a) how Triple Zero Victoria is meeting the agreed performance standards; and (b) any issues of public concern or risks that affect or may affect Triple Zero Victoria. 74 Annual report of Triple Zero Victoria (1) The Chief Executive Officer must prepare an annual report and provide it to the Board for approval. (1A) The Chief Executive Officer must ensure the annual report includes a summary of any advice the Board has received from the Operational Committee in relation to a matter specified in section 55(2)(f) and (g). (2) The annual report must be tabled in Parliament in accordance with Part 7 of the Financial Management Act 1994. 75 Annual report of the Operational Committee (1) The Operational Committee must prepare an annual report each financial year that sets out the following information, in respect of that financial year-- (a) Triple Zero Victoria's engagement with the emergency services sector; (b) any risk identified by the Operational Committee that may impact on Triple Zero Victoria performing its functions and how the identified risk could be managed and mitigated by Triple Zero Victoria; 53 Triple Zero Victoria Act 2023 No. of 2023 Part 7--Reports (c) any risk identified by the Operational Committee that may impact Triple Zero Victoria's ability to meet the agreed performance standards and how the identified risk could be managed and mitigated by Triple Zero Victoria; (d) any risk reported to the Operational Committee under section 70; (e) any improvements to the following-- (i) the performance of services delivered by Triple Zero Victoria that support emergency services organisations to respond to community needs; (ii) relevant policies and procedures of an emergency services organisation; (f) how each emergency services organisation has supported Triple Zero Victoria in the performance of its functions; (g) how Triple Zero Victoria has supported each emergency services organisation in the performance of the relevant emergency services organisation's functions. (2) The Chair must provide a copy of the annual report to the Board for approval. (3) Within 14 days after the Board's approval, the Chair must provide a copy of the annual report to the Justice Secretary. (4) Within 14 days after receiving a copy of the annual report, the Justice Secretary must provide the annual report to-- (a) the Minister; and (b) the Ambulance Services Minister; and (c) the Police Minister. 54 Triple Zero Victoria Act 2023 No. of 2023 Part 8--General Part 8--General Division 1--Role of the Justice Secretary 76 Functions of the Justice Secretary The Justice Secretary has the following functions under this Act-- (a) to advise the Minister on the operation of this Act; (b) to ensure strategic policy planning is undertaken by Triple Zero Victoria in a manner that considers the needs of the emergency services sector; (c) to ensure the Chief Executive Officer engages with and consults the Secretary on the preparation of the financial plan and operating budget; Note See section 69. (d) to monitor any risks identified by Triple Zero Victoria in the performance of its functions to ensure it provides a high quality, accessible and efficient service. 77 Delegation by Justice Secretary The Justice Secretary, by instrument, may delegate to any employee of the Justice Department any of the Justice Secretary's powers or functions under this Act or the regulations other than this power of delegation. 55 Triple Zero Victoria Act 2023 No. of 2023 Part 8--General 78 Directions (1) The Justice Secretary may issue written directions to Triple Zero Victoria in relation to any of the following matters for the purposes of carrying out the Justice Secretary's functions under this Act-- (a) the provision of specified information by Triple Zero Victoria to the Justice Secretary; (b) the accounts and records Triple Zero Victoria is required to keep including in relation to-- (i) the manner in which those records are to be kept and for how long; and (ii) the provision of evidence to the Justice Secretary demonstrating that the accounts and records are up-to-date; (c) the provision of updates in respect of how the preparation of financial budgets and forecasts of Triple Zero Victoria is progressing; (d) the preparation of strategic plans and policies if it appears that the plans and policies are not being prepared, developed or implemented as expected; (e) the development of workforce management plans and policies; (f) the action to be taken by Triple Zero Victoria to ensure it provides a high quality, accessible and efficient service; (g) matters that are appropriate for publication on Triple Zero Victoria's website, including whether specified information should not be published. (2) Triple Zero Victoria must comply with any direction issued under subsection (1). 56 Triple Zero Victoria Act 2023 No. of 2023 Part 8--General Division 2--Setting agreed performance standards 79 Emergency Management Commissioner to set agreed performance standards (1) The Emergency Management Commissioner must set agreed performance standards to measure the performance of call taking and dispatch services provided by Triple Zero Victoria in accordance with this section. (2) The Emergency Management Commissioner must set the agreed performance standards under subsection (1) in consultation with-- (a) Triple Zero Victoria; and (b) each specified emergency services organisation; and (c) the Department of Treasury and Finance; and (d) the Justice Department; and (e) the Health Department; and (f) relevant Departments. (3) In setting the agreed performance standards under subsection (1), the Emergency Management Commissioner must-- (a) set the agreed performance standards in a reasonable manner; and (b) have regard to the resources available to an agency in the performance of any functions to which the agreed performance standard relates. (4) Before the Emergency Management Commissioner sets an agreed performance standard under subsection (1), the Minister must endorse each new agreed performance standard. 57 Triple Zero Victoria Act 2023 No. of 2023 Part 8--General 80 Review of agreed performance standards (1) At least every 5 years, the Emergency Management Commissioner must review the agreed performance standards determined in consultation with the bodies specified in section 79(2). (2) In reviewing the agreed performance standards under subsection (1), the Emergency Management Commissioner must-- (a) review the agreed performance standards in a reasonable manner; and (b) have regard to the resources available to an agency in the performance of any functions to which the agreed performance standard relates. (3) Following the review under subsection (1), the Minister must endorse any new or amended agreed performance standard. 81 Minister may set additional agreed performance standards The Minister may set additional agreed performance standards for Triple Zero Victoria, including in relation to its governance, or administration or financial matters. 58 Triple Zero Victoria Act 2023 No. of 2023 Part 8--General 82 Inspector-General for Emergency Management and Safer Care Victoria may consult For the purposes of the Inspector-General for Emergency Management performing their functions under the Emergency Management Act 2013, the Inspector-General for Emergency Management and Safer Care Victoria may consult each other about the agreed performance standards relating to ambulance services or the health services sector. Note See sections 64(1)(f) and (g) and 71 of the Emergency Management Act 2013. 83 Publication of agreed performance standards (1) Subject to any directions issued by the Justice Secretary specifying matters appropriate for publication, Triple Zero Victoria must publish data relating to the performance standards set under sections 79 and 81 in accordance with subsection (2). (2) Data referred to in subsection (1) must be published on Triple Zero Victoria's website annually or at intervals set by the Emergency Management Commissioner. Division 3--Regulations 84 Regulations (1) The Governor in Council may make regulations for or with respect to anything required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. 59 Triple Zero Victoria Act 2023 No. of 2023 Part 8--General (2) The regulations may-- (a) be of general or limited application; (b) differ according to differences in time, place or circumstances; (c) confer a discretionary authority or impose a duty on a specified person or a specified class of person. 60 Triple Zero Victoria Act 2023 No. of 2023 Part 9--Repeal, savings and transitional provisions Part 9--Repeal, savings and transitional provisions Division 1--Repeal 85 Repeal of Emergency Services Telecommunications Authority Act 2004 The Emergency Services Telecommunications Authority Act 2004 is repealed. Division 2--Savings and transitional provisions 86 Definitions In this Part-- advisory committee means the advisory committee appointed under section 21 of the old Act as in force immediately before the commencement day; Authority means the Emergency Services Telecommunications Authority established under Division 1 of Part 2 of the old Act as in force immediately before the commencement day; commencement day means the day on which section 85 comes into operation; old Act means the Emergency Services Telecommunications Authority Act 2004. 87 Application of Interpretation of Legislation Act 1984 Except where the contrary intention appears, this Part and any regulations made under this Part do not affect or take away from the Interpretation of Legislation Act 1984. 61 Triple Zero Victoria Act 2023 No. of 2023 Part 9--Repeal, savings and transitional provisions 88 Abolition of the Authority and advisory committee (1) On the commencement day-- (a) the Authority is abolished; and (b) a person holding office as a member of the Authority ceases to hold office; and (c) Triple Zero Victoria becomes the successor in law of the Authority; and (d) all rights, property and assets of the Authority that, immediately before the commencement day, were vested in the Authority, vest in Triple Zero Victoria; and (e) all debts, liabilities and obligations of the Authority existing immediately before the commencement day, become debts, liabilities and obligations of Triple Zero Victoria; and (f) Triple Zero Victoria is substituted as a party in any proceedings pending in any court or tribunal to which the Authority was party immediately before the commencement day; and (g) Triple Zero Victoria is substituted as a party to any contract or arrangement (including any administrative arrangement) entered into by or on behalf of the Authority and in force immediately before the commencement day. (2) On the commencement day-- (a) the advisory committee is abolished; and (b) a person holding office as a member of the advisory committee ceases to hold office. 62 Triple Zero Victoria Act 2023 No. of 2023 Part 9--Repeal, savings and transitional provisions 89 Transfer of Authority staff (1) Subject to subsection (2), a person who immediately before the commencement day was employed by the Authority under section 8(2) of the old Act-- (a) is taken on that day to be a person employed by Triple Zero Victoria under section 41 on the same terms and conditions as those that applied to the person as an employee of the Authority before that day; and (b) is taken on that day to be a person who has accrued an entitlement to benefits in connection with employment with Triple Zero Victoria that is equivalent to the entitlement the person had accrued as an employee of the Authority immediately before that day. (2) To avoid doubt, section 41(2) applies to a person referred to in subsection (1). (3) This section does not apply to a person who immediately before the commencement day was employed by the Authority under section 8(2) of the old Act as the Chief Executive Officer of the Authority. 90 Superseded references A reference to the Authority in any Act (other than this Act) or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to Triple Zero Victoria-- (a) so far as the reference relates to any period on or after the commencement day; and (b) if not inconsistent with the subject matter. 63 Triple Zero Victoria Act 2023 No. of 2023 Part 9--Repeal, savings and transitional provisions 91 Regulations dealing with transitional matters (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made by or as a result of the enactment of this Act. (2) Regulations made under this section may-- (a) have a retrospective effect to a day on or after a day that is not earlier than the day on which this section comes into operation; (b) be of limited or general application; (c) differ according to time, place or circumstance; (d) leave any matter or thing to be decided by a specified person or class of person. (3) To the extent to which regulations made under this section take effect from a date that is earlier than the date of their making, the regulations do not operate so as-- (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of their making; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of their making. (4) Regulations made under this section-- (a) have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument; and 64 Triple Zero Victoria Act 2023 No. of 2023 Part 9--Repeal, savings and transitional provisions (b) may continue in effect for a period of not more than 2 years. (5) This section is repealed on the second anniversary of its commencement. 65 Triple Zero Victoria Act 2023 No. of 2023 Part 10--Consequential amendments Part 10--Consequential amendments Division 1--Emergency Management Act 1986 92 Definitions In section 4(1) of the Emergency Management Act 1986, the definition of Emergency Services Telecommunications Authority is repealed. Division 2--Emergency Management Act 2013 93 Definitions In section 3 of the Emergency Management Act 2013-- (a) insert the following definition-- "Triple Zero Victoria has the same meaning as in the Triple Zero Victoria Act 2023;"; (b) the definition of Emergency Services Telecommunications Authority is repealed. 94 Constitution of the State Crisis and Resilience Council In section 8(7)(d) of the Emergency Management Act 2013, for "the Emergency Services Telecommunications Authority" substitute "Triple Zero Victoria". 95 Strategic Action Plan In section 12(10) of the Emergency Management Act 2013, in the definition of agency, for "the Emergency Services Telecommunications Authority" substitute "Triple Zero Victoria". 66 Triple Zero Victoria Act 2023 No. of 2023 Part 10--Consequential amendments 96 Definition In section 60A of the Emergency Management Act 2013, for paragraph (c) of the definition of relevant agency substitute-- "(c) Triple Zero Victoria;". 97 Functions of the Inspector-General for Emergency Management In section 64(1) of the Emergency Management Act 2013-- (a) for paragraph (e)(iii) substitute-- "(iii) Triple Zero Victoria; and"; (b) in paragraph (f), for "the Emergency Services Telecommunications Authority" (where twice occurring) substitute "Triple Zero Victoria"; (c) in paragraph (g), for "the Emergency Services Telecommunications Authority" substitute "Triple Zero Victoria". 98 Monitoring of Emergency Services Telecommunications Authority (1) In the heading to section 71 of the Emergency Management Act 2013, for "Emergency Services Telecommunications Authority" substitute "Triple Zero Victoria". (2) In section 71(1) of the Emergency Management Act 2013-- (a) for "the Emergency Services Telecommunications Authority" substitute "Triple Zero Victoria"; (b) for "the Authority" substitute "Triple Zero Victoria". 67 Triple Zero Victoria Act 2023 No. of 2023 Part 10--Consequential amendments (3) In section 71(2) of the Emergency Management Act 2013-- (a) for "the Emergency Services Telecommunications Authority" substitute "Triple Zero Victoria"; (b) in paragraph (c), for "the Emergency Services Telecommunications Authority" substitute "Triple Zero Victoria". (4) In section 71(3) of the Emergency Management Act 2013, for "the Emergency Services Telecommunications Authority" substitute "Triple Zero Victoria". Division 3--Emergency Services Superannuation Act 1986 99 Application of Act For section 4(1DA)(b) of the Emergency Services Superannuation Act 1986 substitute-- "(b) transfers to an office of employment with Triple Zero Victoria within the meaning of the Triple Zero Victoria Act 2023.". Division 4--Fire Rescue Victoria Act 1958 100 Definitions In section 3(1) of the Fire Rescue Victoria Act 1958-- (a) insert the following definition-- "Triple Zero Victoria has the same meaning as in the Triple Zero Victoria Act 2023;"; (b) the definition of Emergency Services Telecommunications Authority is repealed. 68 Triple Zero Victoria Act 2023 No. of 2023 Part 10--Consequential amendments 101 Action on alarm of fire In section 32B(5A) of the Fire Rescue Victoria Act 1958-- (a) for "the Emergency Services Telecommunications Authority (within the meaning of the Emergency Services Telecommunications Authority Act 2004)" substitute "Triple Zero Victoria"; (b) for "the Authority" substitute "Triple Zero Victoria". 69 Triple Zero Victoria Act 2023 No. of 2023 Part 11--Amendment of this Act--repeal of Interim Board provisions Part 11--Amendment of this Act--repeal of Interim Board provisions 102 Repeal of definitions In section 3, the definitions of Interim Board and relevant day are repealed. 103 Section 3A repealed Section 3A is repealed. 104 Spent provisions in Parts 3 and 6 repealed (1) Sections 19(7) and 19A are repealed. (2) Sections 20(1A), 21(2), 22(5), 23(3), 24(1A) and (5), 26(7) and 27(4) are repealed. (3) Section 27A is repealed. (4) Section 37(6) is repealed. (5) Section 37A is repealed. (6) Sections 40(4) and 66(1A) are repealed. 105 Repeal of Part 10 and this Part Part 10 and this Part are repealed on 28 August 2027. Note The repeal of Part 10 and this Part does not affect the continuing operation of the amendments made by those Parts (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ 70 Triple Zero Victoria Act 2023 No. of 2023 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech-- Legislative Assembly: Legislative Council: The long title for the Bill for this Act was "A Bill for an Act to establish Triple Zero Victoria, to repeal the Emergency Services Telecommunications Authority Act 2004 and for other purposes. " By Authority. Government Printer for the State of Victoria. 71
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