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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fire and Emergency Services Authority of
Western Australia Bill 1998
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
Part 2 -- Fire and Emergency Services
Authority of Western Australia
4. Fire and Emergency Services Authority of Western
Australia 4
5. Agent of Crown 4
6. Board of management 4
7. Appointed members 5
8. Deputy chairman 5
9. Constitution and proceedings of the board --
Schedule 1 5
10 . Remuneration and allowances of members 5
Part 3 -- Functions and powers
11 . Functions of the Authority 6
12 . Powers of the Authority 6
page i
162 -- 1
Fire and Emergency Services Authority of Western Australia Bill 1998
13 . Authority may use certain names 7
14 . Requirement for Ministerial approval 8
15 . Delegation 8
16 . Subdelegation 8
17 . Minister may give directions 9
18 . Minister to have access to information 9
Part 4 -- Staff
19 . Chief executive officer 11
20 . Other staff 11
21 . Use of other government staff, etc. 11
Part 5 -- Consultative committees
22 . Consultative committees 13
23 . Membership of consultative committees 13
24 . Chairman and deputy chairman 13
25 . Constitution and proceedings of consultative
committees 14
26 . Functions and powers of consultative committees 14
27 . Support services 14
28 . Allowances 14
Part 6 -- Financial provisions
29 . Funds of the Authority 15
30 . Fire and Emergency Services Authority Account 15
31 . Investment 16
32 . Borrowing from Treasurer 16
33 . Other borrowing 16
34 . Guarantee by Treasurer 16
35 . Effect of guarantee 17
36 . Application of Financial Administration and Audit
Act 1985 17
page ii
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 7 -- Miscellaneous
37 . Protection from liability 18
38 . Execution of documents by Authority 19
39 . Confidentiality 20
40 . Regulations 20
41 . Review of Act 20
42 . Savings and transitional provisions -- Schedule 2 21
Schedule 1 -- Constitution and proceedings of
board
Division 1 -- General provisions
1. Term of office 22
2. Resignation, removal, etc. 22
3. Leave of absence 23
4. Chairman unable to act 23
5. Member unable to act 23
6. Chief executive officer unable to attend 23
7. Saving 24
8. Calling of meetings 24
9. Presiding officer 24
10 . Quorum 24
11 . Voting 24
12 . Minutes 25
13 . Resolution without meeting 25
14 . Telephone or video meetings 25
15 . Board to determine own procedures 25
Division 2 -- Disclosure of interests, etc.
16 . Disclosure of interests 25
17 . Voting by interested members 26
18 . Clause 17 may be declared inapplicable 26
19 . Quorum where clause 17 applies 26
20 . Minister may declare clauses 17 and 19 inapplicable 27
page iii
Fire and Emergency Services Authority of Western Australia Bill 1998
Schedule 2 -- Savings and transitional
provisions
1. Definitions 28
2. Interpretation Act to apply 29
3. Dissolution of Boards 29
4. Devolution of assets and liabilities, etc. 29
5. Completion of things begun 30
6. Continuing effect of things done 30
7. Agreements and instruments 30
8. Chief executive officer and staff 30
9. Financial reporting of Bush Fires Board and Fire
Brigades Board and department 32
10 . Further transitional provisions may be made 32
11 . Exemption from State tax 33
12 . Registration of documents 33
13 . Saving 33
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Fire and Emergency Services Authority of
Western Australia Bill 1998
A Bill for
An Act to establish an Authority with functions relating to the
provision and management of emergency services, and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Fire and Emergency Services
Authority of Western Australia Act 1998.
5 2. Commencement
This Act comes into operation on such day as is fixed by
proclamation.
3. Definitions
In this Act, unless the contrary intention appears --
10 "Account" means the account referred to in section 30;
"Authority" means the Fire and Emergency Services Authority
of Western Australia established by section 4;
"board" means the board of management referred to in
section 6;
15 "chief executive officer" means the chief executive officer of
the Authority appointed in accordance with section 19;
"consultative committee" means a committee appointed by the
Minister under section 22;
"emergency services volunteers" means --
20 (a) members and officers of a private fire brigade or
volunteer fire brigade, as those terms are defined in
the Fire Brigades Act 1942;
(b) volunteer fire fighters, within the meaning of the
Bush Fires Act 1954; and
25 (c) persons who are authorized by the Authority to assist,
on a voluntary basis, in the provision of the
emergency services provided by the Authority under
page 2
Fire and Emergency Services Authority of Western Australia Bill 1998
Preliminary Part 1
s. 3
the name "the Western Australian State Emergency
Service";
"member" means a member of the board other than the chief
executive officer;
5 "member of staff" means the chief executive officer or a
person referred to in section 20(1) or 21;
"the emergency services Acts" means this Act, the Bush Fires
Act 1954 and the Fire Brigades Act 1942.
page 3
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 2 Fire and Emergency Services Authority of Western Australia
s. 4
Part 2 -- Fire and Emergency Services Authority of
Western Australia
4. Fire and Emergency Services Authority of Western
Australia
5 (1) A body called the Fire and Emergency Services Authority of
Western Australia is established.
(2) The Authority is a body corporate with perpetual succession.
(3) Proceeding may be taken by or against the Authority in its
corporate name.
10 5. Agent of Crown
The Authority is an agent of the Crown and enjoys the status,
immunities and privileges of the Crown.
6. Board of management
(1) The Authority is to have a board of management that consists
15 of --
(a) a chairman;
(b) the 3 chairmen of the consultative committees;
(c) 3 persons who, in the Minister's opinion, represent
emergency services volunteers;
20 (d) one person who, in the Minister's opinion, represents
local governments;
(e) the chief executive officer; and
(f) not more than 1 other member.
(2) The board is the governing body of the Authority and, in the
25 name of the Authority, is to perform the functions of the
Authority under the emergency services Acts.
page 4
Fire and Emergency Services Authority of Western Australia Bill 1998
Fire and Emergency Services Authority of Western Australia Part 2
s. 7
7. Appointed members
(1) The Minister is to appoint the members referred to in
section 6(1)(a), (c), (d) and (f).
(2) The Minister is to ensure that each appointed member has
5 expertise or experience that, in the Minister's opinion, is
relevant to the functions of the Authority.
8. Deputy chairman
The members are to appoint a member to be the deputy
chairman of the board.
10 9. Constitution and proceedings of the board -- Schedule 1
Schedule 1 has effect.
10. Remuneration and allowances of members
A member is to be paid any remuneration and travelling and
other allowances that are determined in his or her case by the
15 Minister on the recommendation of the Minister for Public
Sector Management.
page 5
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 3 Functions and powers
s. 11
Part 3 -- Functions and powers
11. Functions of the Authority
(1) The Authority has the functions relating to the provision and
management of emergency services that are vested in it by the
5 emergency services Acts.
(2) Without limiting subsection (1), the Authority has the functions
of --
(a) advising the Minister on all aspects of policy in relation
to emergency services;
10 (b) developing plans for, and providing advice on, the
management and use of emergency services;
(c) undertaking, coordinating, managing and providing
practical and financial assistance to activities and
projects relating to emergency services.
15 12. Powers of the Authority
(1) The Authority may do all things necessary or convenient to be
done for or in connection with the performance of its functions.
(2) Without limiting subsection (1) or any other power conferred on
the Authority by the emergency services Acts, the Authority
20 may --
(a) subject to section 14, acquire, hold, manage, improve,
develop, dispose of, and otherwise deal in, real and
personal property;
(b) produce and publish information on matters related to its
25 functions;
(c) require payment of rent, fees or other charges for the use
of any of its facilities or services;
page 6
Fire and Emergency Services Authority of Western Australia Bill 1998
Functions and powers Part 3
s. 13
(d) fix the amount of rent, fees or other charges referred to
in paragraph (c) and may reduce or refund the amount
payable in particular cases;
(e) enter into a contract or arrangement with a person or
5 body (including a local government, or a department of
the Public Service or other agency or instrumentality of
the State or the Commonwealth) --
(i) for the performance by that person or body of
any work or the supply of equipment or services;
10 or
(ii) to provide consultancy or advisory services to
that person or body;
and
(f) act in conjunction with a person, a firm or a local
15 government, or a department of the Pubic Service or
other agency or instrumentality of the State or the
Commonwealth.
(3) In subsection (2) --
"acquire" includes taking on lease or licence or in any other
20 manner in which property may be acquired;
"dispose of" includes disposing of by way of lease or licence or
in any other manner in which property may be disposed of.
13. Authority may use certain names
(1) In performing any of its functions, the Authority may use, and
25 operate under, a name (an "operational name") --
(a) set out in subsection (2); or
(b) approved or amended under subsection (3).
(2) The following names are operational names --
(a) Bush Fire Service of Western Australia;
page 7
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 3 Functions and powers
s. 14
(b) Fire and Rescue Service of Western Australia; and
(c) Western Australian State Emergency Service.
(3) The Minister may by order published in the Gazette --
(a) approve other operational names; or
5 (b) amend, or cancel the use of, an operational name.
14. Requirement for Ministerial approval
The Authority is to obtain the approval of the Minister before
acquiring or disposing of real property under section 12(2)(a).
15. Delegation
10 (1) The Authority may, in writing, delegate to the chief executive
officer the performance of any of its functions under the
emergency services Acts.
(2) A delegation may be general or as otherwise provided in the
instrument of delegation.
15 (3) Performance of a function of the Authority by the chief
executive officer --
(a) is taken to be in accordance with the terms of a
delegation under this section, unless the contrary is
shown; and
20 (b) is to be treated as performance by the Authority.
(4) Nothing in this section is to be read as limiting the ability of the
Authority to act through the board, members of staff or agents
in the normal course of business.
16. Subdelegation
25 (1) The Authority may, in an instrument by which a function is
delegated to the chief executive officer, authorize the chief
executive officer to subdelegate that function --
(a) to a member;
page 8
Fire and Emergency Services Authority of Western Australia Bill 1998
Functions and powers Part 3
s. 17
(b) to a member of staff; or
(c) to a consultative committee.
(2) Apart from subsection (1), a delegation under section 15 does
not include the power to subdelegate.
5 (3) Sections 58 and 59 of the Interpretation Act 1984 apply to a
subdelegation under this section in the same way as they apply
to a delegation.
17. Minister may give directions
(1) The Minister may give directions in writing to the Authority
10 with respect to the performance of its functions, either generally
or in relation to a particular matter, and the Authority is to give
effect to any such direction.
(2) The text of a direction given under subsection (1) is to be
included in the annual report submitted by the Authority under
15 section 66 of the Financial Administration and Audit Act 1985.
18. Minister to have access to information
(1) The Minister is entitled --
(a) to have information in the possession of the Authority;
and
20 (b) if the information is in or on a document, to have, and
make and retain copies of, that document.
(2) For the purposes of subsection (1), the Minister may --
(a) request the Authority to provide information to the
Minister;
25 (b) request the Authority to give the Minister access to
information;
page 9
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 3 Functions and powers
s. 18
(c) for the purposes of paragraph (b), make use of a member
of staff to obtain the information and provide it to the
Minister.
(3) The Authority is to comply with a request under subsection (2)
5 and make its staff and facilities available to the Minister for the
purposes of paragraph (c) of that subsection.
(4) In this section --
"document" includes any tape, disc, or other device or medium
on which information is recorded or stored;
10 "information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Authority.
page 10
Fire and Emergency Services Authority of Western Australia Bill 1998
Staff Part 4
s. 19
Part 4 -- Staff
19. Chief executive officer
(1) A chief executive officer of the Authority is to be appointed
under Part 3 of the Public Sector Management Act 1994.
5 (2) Subject to the control of the board, the chief executive officer is
to administer the day to day operations of the Authority.
20. Other staff
(1) The chief executive officer may appoint persons as officers and
engage persons as wages staff as necessary to enable the
10 Authority to perform its functions.
(2) Persons referred to in subsection (1) are to be employed, subject
to any relevant industrial award, order or agreement, on the
terms and conditions determined by the chief executive officer.
(3) Nothing in subsection (2) affects the operation of the Workplace
15 Agreements Act 1993.
(4) Division 3 of Part 3 of the Public Sector Management Act 1994
does not apply to the Authority, but this section does not affect
the power of the chief executive officer to engage a person
under a contract for services or appoint a person on a casual
20 employment basis under section 100 of that Act.
21. Use of other government staff, etc.
(1) The Authority may by arrangement with the relevant employer
make use, either full-time or part-time, of the services of any
officer or employee --
25 (a) in the Public Service;
(b) in a State agency or instrumentality; or
page 11
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 4 Staff
s. 21
(c) otherwise in the service of the Crown in right of the
State.
(2) The Authority may by arrangement with --
(a) a department of the Public Service; or
5 (b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be on the terms
agreed to by the parties.
page 12
Fire and Emergency Services Authority of Western Australia Bill 1998
Consultative committees Part 5
s. 22
Part 5 -- Consultative committees
22. Consultative committees
(1) The Minister is to appoint 3 consultative committees with the
names --
5 (a) Bush Fire Service Consultative Committee;
(b) Fire and Rescue Service Consultative Committee; and
(c) State Emergency Service Consultative Committee.
(2) Each of the consultative committees is to be appointed in
respect of certain emergency services, as determined by the
10 Minister.
(3) The Minister may, by order published in the Gazette, amend the
name of a consultative committee.
23. Membership of consultative committees
(1) Subject to subsection (2), a consultative committee is to consist
15 of the number of persons determined by the Minister.
(2) A consultative committee is to have at least 8 members.
(3) A person appointed by the Minister to be a member of a
consultative committee is to have the experience, skills,
attributes or qualifications that, in the Minister's opinion, are
20 appropriate to the appointment.
(4) A person who is a member of the board, other than a member
referred to in section 6(1)(b), is not eligible to be a member of a
consultative committee.
24. Chairman and deputy chairman
25 (1) The Minister is to appoint one of the members of a consultative
committee to be the chairman of the committee.
page 13
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 5 Consultative committees
s. 25
(2) The members of a consultative committee are to appoint a
member to be the deputy chairman of the committee.
25. Constitution and proceedings of consultative committees
Subject to any direction in writing given to a consultative
5 committee by the Authority, Schedule 1 has effect in respect of
the constitution and proceedings of a consultative committee as
if --
(a) a reference in that Schedule to the board was a reference
to the consultative committee; and
10 (b) a reference in that Schedule to a member was a
reference to a member of the consultative committee.
26. Functions and powers of consultative committees
(1) The function of a consultative committee is to provide advice to
the board and the chief executive officer in relation to all
15 matters concerning the operation of the emergency services in
respect of which the committee is appointed and otherwise as
directed by the board or the chief executive officer.
(2) A consultative committee may do all things necessary or
convenient to be done for or in connection with the performance
20 of its function.
27. Support services
The Authority is to provide a consultative committee with any
support services that it may reasonably require.
28. Allowances
25 A member of a consultative committee is to be paid any
travelling and other allowances that are determined in his or her
case by the Minister on the recommendation of the Minister for
Public Sector Management.
page 14
Fire and Emergency Services Authority of Western Australia Bill 1998
Financial provisions Part 6
s. 29
Part 6 -- Financial provisions
29. Funds of the Authority
The funds available for the purpose of enabling the Authority to
perform its functions consist of --
5 (a) moneys from time to time appropriated by Parliament;
(b) moneys received by the Authority in the performance of
its functions;
(c) moneys borrowed by the Authority under section 32 or
33 or under section 46 of the Fire Brigades Act 1942;
10 and
(d) other moneys lawfully received by, made available to or
payable to the Authority.
30. Fire and Emergency Services Authority Account
(1) The funds referred to in section 29 are to be credited to an
15 account called the Fire and Emergency Services Authority
Account --
(a) at the Treasury, forming part of the Trust Fund
constituted under section 9 of the Financial
Administration and Audit Act 1985; or
20 (b) with the approval of the Treasurer, at a bank.
(2) The Account is to be charged with --
(a) the remuneration and allowances payable under
sections 10 and 28;
(b) interest on and repayment of moneys borrowed by the
25 Authority under section 32 or 33 or under section 46 of
the Fire Brigades Act 1942; and
(c) all other expenditure lawfully incurred by the Authority
in the performance of its functions.
page 15
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 6 Financial provisions
s. 31
31. Investment
Unless section 30(1)(a) applies, any funds of the Authority that
are not immediately required for the purposes of the emergency
services Acts may, if approved by the Treasurer, be invested in
5 any manner that moneys in the Public Bank Account may be
invested under the Financial Administration and Audit
Act 1985.
32. Borrowing from Treasurer
The Authority may borrow from the Treasurer any amounts
10 approved by the Treasurer on any terms and conditions relating
to repayment and payment of interest imposed by the Treasurer.
33. Other borrowing
(1) In addition to its powers under section 32, and without limiting
section 46 of the Fire Brigades Act 1942, the Authority may,
15 with the written approval of the Treasurer and on the terms and
conditions approved by the Treasurer, borrow moneys for the
purpose of performing its functions.
(2) Any moneys borrowed by the Authority under subsection (1)
may be raised --
20 (a) as one loan or as several loans; and
(b) in the manner approved by the Treasurer.
(3) The total amount of the moneys so borrowed in any one
financial year is not to exceed the amount approved by the
Treasurer.
25 34. Guarantee by Treasurer
(1) The Treasurer may, in the name and on behalf of the Crown in
right of the State, guarantee the payment of any moneys payable
page 16
Fire and Emergency Services Authority of Western Australia Bill 1998
Financial provisions Part 6
s. 35
by the Authority in respect of moneys borrowed by it under
section 33.
(2) A guarantee is to be in the form and contain the conditions
determined by the Treasurer.
5 (3) Before a guarantee is given, the Authority is to --
(a) give to the Treasurer any security required by the
Treasurer; and
(b) execute all instruments that are necessary for the
purpose of giving that security.
10 35. Effect of guarantee
(1) The due payment of moneys payable by the Treasurer under a
guarantee given under section 34 is guaranteed by the State.
(2) Any such payment is to be made by the Treasurer and charged
to the Consolidated Fund, and this subsection appropriates that
15 Fund accordingly.
(3) The Treasurer is to cause to be credited to the Consolidated
Fund any amounts received or recovered from the Authority or
otherwise in respect of any payment made by the Treasurer
under a guarantee given under section 34.
20 36. Application of Financial Administration and Audit Act 1985
Subject to section 47 of the Fire Brigades Act 1942, the
provisions of the Financial Administration and Audit Act 1985
regulating the financial administration, audit and reporting of
statutory authorities apply to and in respect of the Authority and
25 its operations.
page 17
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 7 Miscellaneous
s. 37
Part 7 -- Miscellaneous
37. Protection from liability
(1) Subject to subsection (2), a person does not incur civil liability
for anything that the person has done, in good faith, in the
5 performance or purported performance of a function under the
emergency services Acts.
(2) Subsection (1) does not affect any right to recover damages in
respect of the death of or bodily injury to any person directly
caused by, or by the driving of, a motor vehicle.
10 (3) The Crown and the Authority, a local government and any other
person are also relieved of any civil liability that any of them
might otherwise have had for another person having done
anything as described in subsection (1).
(4) The protection given by this section applies even though the
15 thing done in the performance or purported performance of a
function under the emergency services Acts may have been
capable of being done whether or not those Acts had been
enacted.
(5) Any damage, loss or injury to property that results from
20 anything done, in good faith, in the performance or purported
performance of a function under the emergency services Acts is
taken to be damage by fire within the meaning of any policy of
insurance covering the property damaged, lost or injured,
despite any clause or condition to the contrary contained in the
25 policy.
(6) In this section --
(a) a reference to the doing of anything includes a reference
to the omission to do anything;
page 18
Fire and Emergency Services Authority of Western Australia Bill 1998
Miscellaneous Part 7
s. 38
(b) "motor vehicle" has the meaning given in section 3(1)
of the Motor Vehicle (Third Party Insurance) Act 1973;
and
(c) "policy of insurance" has the meaning given in
5 section 4(1) of the Fire Brigades Act 1942.
38. Execution of documents by Authority
(1) The Authority is to have a common seal.
(2) A document is duly executed by the Authority if --
(a) the common seal of the Authority is affixed to it in
10 accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Authority by a person or
persons authorized to do so under subsection (5).
(3) The common seal of the Authority is not to be affixed to any
document except as authorized by the board.
15 (4) The common seal of the Authority is to be affixed to a
document in the presence of 2 members, and each of them is to
sign the document to attest that the common seal was so affixed.
(5) The Authority may, by writing under its seal, authorize a
member or members or a member or members of staff to sign
20 documents on behalf of the Authority, either generally or
subject to the conditions or restrictions specified in the
authorization.
(6) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
25 is shown.
(7) When a document is produced bearing a seal purporting to be
the common seal of the Authority, it is to be presumed that the
seal is the common seal of the Authority until the contrary is
shown.
page 19
Fire and Emergency Services Authority of Western Australia Bill 1998
Part 7 Miscellaneous
s. 39
39. Confidentiality
(1) This section applies to a person who is or has been --
(a) a member;
(b) a member of a consultative committee; or
5 (c) a member of staff.
(2) A person to whom this section applies must not, directly or
indirectly, record, disclose, or make use of any information
obtained in the course of duty except --
(a) for the purpose of performing functions under the
10 emergency services Acts;
(b) as required or allowed by this Act or under another
written law;
(c) with the written consent of the person to whom the
information relates; or
15 (d) in prescribed circumstances.
Penalty: $10 000 or imprisonment for 12 months.
40. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
20 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
41. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of the emergency services Acts as soon as practicable
25 after the expiry of 5 years from the commencement of this Act.
(2) In the course of that review the Minister is to consider and have
regard to --
(a) the effectiveness of the operations of the Authority;
page 20
Fire and Emergency Services Authority of Western Australia Bill 1998
Miscellaneous Part 7
s. 42
(b) the need for the continuation of the functions of the
Authority; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of the
5 emergency services Acts.
(3) The Minister is to prepare a report based on the review and, as
soon as practicable after the report is prepared, is to cause it to
be laid before each House of Parliament.
42. Savings and transitional provisions -- Schedule 2
10 Schedule 2 has effect with respect to savings and transitional
provisions.
page 21
Fire and Emergency Services Authority of Western Australia Bill 1998
Schedule 1 Constitution and proceedings of board
Schedule 1 -- Constitution and proceedings of board
[Sections 9 and 25]
Division 1 -- General provisions
1. Term of office
5 (1) Subject to clause 2, a member holds office for the term, not exceeding
3 years, specified in the instrument of his or her appointment, but may
from time to time be re-appointed.
(2) A member whose term of office expires by the passage of time
continues in office until that member is re-appointed or the successor
10 of that member comes into office.
2. Resignation, removal, etc.
(1) The office of a member becomes vacant if the member --
(a) resigns the office by written notice addressed to the Minister;
(b) holds office under section 6(1)(b) and ceases to be the
15 chairman of a consultative committee;
(c) is an insolvent under administration, as that expression is
defined in the Corporations Law;
(d) is convicted of an indictable offence; or
(e) is removed from office by the Minister under subclause (2).
20 (2) The Minister may remove a member from office if the Minister is
satisfied that the member --
(a) has neglected his or her duty;
(b) has misbehaved;
(c) is incompetent;
25 (d) is suffering from mental or physical incapacity impairing the
performance of his or her functions under this Act; or
page 22
Fire and Emergency Services Authority of Western Australia Bill 1998
Constitution and proceedings of board Schedule 1
(e) has been absent, without leave or reasonable excuse, from
3 consecutive meetings of the board of which the member has
had notice.
3. Leave of absence
5 The board may grant leave of absence to a member on any terms and
conditions that it thinks fit.
4. Chairman unable to act
If the chairman is unable to act because of illness, absence or other
cause, or during any vacancy in that office, the deputy chairman is to
10 perform the functions of the chairman.
5. Member unable to act
(1) If a member other than the chairman is unable to act because of
illness, absence or other cause, the Minister may appoint another
person to act temporarily in his or her place and, while so acting
15 according to the tenor of his or her appointment, that other person is
taken to be a member of the board.
(2) If the member who is the deputy chairman is performing the functions
of the chairman, the Minister may, under subclause (1), appoint
another person to act in his or her place as member.
20 (3) The Minister may terminate the appointment of a person under
subclause (1) at any time.
6. Chief executive officer unable to attend
(1) The chief executive officer may, in writing delivered to the person
presiding at a meeting of the board, nominate a senior officer of the
25 Authority to represent him or her at that meeting if he or she is unable
to attend because of illness, absence or other cause.
(2) Clause 11(2) applies to an officer who attends a meeting of the board
under subclause (1) as if the officer were the chief executive officer.
page 23
Fire and Emergency Services Authority of Western Australia Bill 1998
Schedule 1 Constitution and proceedings of board
7. Saving
No act or omission of a person acting in place of another under
clause 4 or 5 is to be questioned on the ground that the occasion for
his or her appointment or acting had not arisen or had ceased.
5 8. Calling of meetings
(1) Subject to this clause, meetings are to be held at the times and places
that the board determines.
(2) The chairman may at any time convene a special meeting of the
board.
10 (3) The first meeting of the board is to be convened by the chairman.
9. Presiding officer
(1) The chairman is to preside at any meeting of the board at which he or
she is present.
(2) If neither the chairman nor the deputy chairman is present at a
15 meeting, the members present are to elect one of those members to
preside at the meeting.
10. Quorum
A quorum for a meeting of the board is 5 members.
11. Voting
20 (1) Subject to subclause (2), at any meeting of the board each member
present has a deliberative vote.
(2) The chief executive officer may participate in the discussion of any
matter at a meeting of the board but is not entitled to vote.
(3) Subject to subclause (4), if the votes cast on a question are equally
25 divided, the question remains unresolved until a subsequent meeting
of the board.
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Fire and Emergency Services Authority of Western Australia Bill 1998
Constitution and proceedings of board Schedule 1
(4) If the votes cast on a question at a meeting of the board were equally
divided, and the votes cast on the question at a subsequent meeting of
the board are again equally divided, the question is taken to have been
resolved in the negative.
5 12. Minutes
The board is to cause accurate minutes to be kept of the proceedings
at its meetings.
13. Resolution without meeting
A resolution in writing signed by each member, or assented to by each
10 member by letter or facsimile, is as effectual as if it had been passed
at a meeting of the board.
14. Telephone or video meetings
A communication between not less than 5 members by telephone or
audio-visual or other electronic means is a valid meeting of the board
15 if each participating member is capable of communicating with every
other participating member instantaneously at all times during the
proceedings.
15. Board to determine own procedures
Subject to this Act, the board is to determine its own procedures.
20 Division 2 -- Disclosure of interests, etc.
16. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the board must, as soon as
possible after the relevant facts have come to the member's
25 knowledge, disclose the nature of the interest at a meeting of the
board.
Penalty: $2 000.
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Fire and Emergency Services Authority of Western Australia Bill 1998
Schedule 1 Constitution and proceedings of board
(2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
17. Voting by interested members
A member who has a material personal interest in a matter that is
5 being considered by the board --
(a) must not vote whether at a meeting or otherwise --
(i) on the matter; or
(ii) on a proposed resolution under clause 18 in respect of
the matter, whether relating to that member or a
10 different member;
and
(b) must not be present while --
(i) the matter; or
(ii) a proposed resolution of the kind referred to in
15 paragraph (a)(ii),
is being considered at a meeting.
18. Clause 17 may be declared inapplicable
Clause 17 does not apply if the board has at any time passed a
resolution that --
20 (a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied
that the interest should not disqualify the member from
considering or voting on the matter.
19. Quorum where clause 17 applies
25 (1) Despite clause 10, if a member of the board is disqualified under
clause 17 in relation to a matter, a quorum is present during the
consideration of the matter if at least 4 members are present who are
entitled to vote on any motion that may be moved at the meeting in
relation to the matter.
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Fire and Emergency Services Authority of Western Australia Bill 1998
Constitution and proceedings of board Schedule 1
(2) The Minister may deal with a matter to the extent that the board
cannot deal with it because of subclause (1).
20. Minister may declare clauses 17 and 19 inapplicable
(1) The Minister may by writing declare that clause 17 or 19 does not, or
5 both of those clauses do not, apply in relation to a specified matter
either generally or in voting on particular resolutions.
(2) The Minister is to cause a copy of a declaration made under
subclause (1) to be laid before each House of Parliament within
14 sitting days of that House after the declaration is made.
page 27
Fire and Emergency Services Authority of Western Australia Bill 1998
Schedule 2 Savings and transitional provisions
Schedule 2 -- Savings and transitional provisions
[Section 42]
1. Definitions
In this Schedule --
5 "assets" means property of every kind whether tangible or intangible,
real or personal, corporeal or incorporeal and, without limiting
this definition, includes --
(a) choses in action;
(b) goodwill; and
10 (c) rights, interests and claims of every kind in or to property,
whether arising from, accruing under, created or evidenced by or
the subject of, an instrument or otherwise and whether liquidated
or unliquidated, actual, contingent or prospective;
"Bush Fires Board" means the Bush Fires Board constituted under
15 section 8(1) of the Bush Fires Act 1954, as in force immediately
before the commencement day;
"commencement day" means the day on which this Act comes into
operation;
"Fire Brigades Board" means the Western Australian Fire Brigades
20 Board constituted under section 6 of the Fire Brigades Act 1942,
as in force immediately before the commencement day;
"liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
owed alone or jointly or jointly and severally with any other
25 person;
"right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
"the department" means the department of the Public Service
designated as the Department of Fire and Emergency Services
30 (or as it may be re-designated) and includes any department of
the Public Service to which the department is a successor.
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Fire and Emergency Services Authority of Western Australia Bill 1998
Savings and transitional provisions Schedule 2
2. Interpretation Act to apply
This Schedule does not limit the operation of the Interpretation
Act 1984.
3. Dissolution of Boards
5 (1) The Bush Fires Board is dissolved and its members go out of office.
(2) The Fire Brigades Board is dissolved and its members go out of
office.
4. Devolution of assets and liabilities, etc.
On the commencement day --
10 (a) the assets and rights of the Fire Brigades Board that were
immediately before that day vested in that body vest in the
Authority;
(b) the assets of the Crown that were immediately before that day
under the care, control or management of the department or
15 the Bush Fires Board are transferred to the care, control or
management of the Authority;
(c) the liabilities of the Fire Brigades Board immediately before
that day become the liabilities of the Authority;
(d) the liabilities incurred on behalf of the department or the
20 Bush Fires Board become the liabilities of the Authority;
(e) any proceedings or remedy that, immediately before that day,
might have been brought or continued by or available against
or to the Fire Brigades Board may be brought or continued
and are or is available by or against or to the Authority; and
25 (f) all papers, documents, minutes, books of account and other
records (however compiled, recorded or stored) relating to the
respective operations of the department, the Bush Fires Board
and the Fire Brigades Board are to be delivered to the
Authority.
page 29
Fire and Emergency Services Authority of Western Australia Bill 1998
Schedule 2 Savings and transitional provisions
5. Completion of things begun
Anything begun before the commencement day by the department, the
Bush Fires Board or the Fire Brigades Board may be continued after
that day by the Authority so far as the doing of that thing is within the
5 functions of the Authority.
6. Continuing effect of things done
Any act, matter or thing done or omitted to be done before the
commencement day by, to or in respect of the department, the Bush
Fires Board or the Fire Brigades Board, to the extent that that act,
10 matter or thing has any force or effect after that day, is taken to have
been done or omitted to be done by, to or in respect of the Authority.
7. Agreements and instruments
Any agreement or instrument subsisting immediately before the
commencement day --
15 (a) to which the Fire Brigades Board was a party, or to which a
person was a party on behalf of or for the purposes of the
department or the Bush Fires Board; or
(b) that contains a reference to the department, the Bush Fires
Board or the Fire Brigades Board,
20 has effect on and after that day as if --
(c) the Authority were substituted for the Fire Brigades Board or
that person as a party to the agreement or instrument; or
(d) any reference in the agreement or instrument to the
department, the Bush Fires Board or the Fire Brigades Board
25 were (unless the context otherwise requires) amended to be or
include a reference to the Authority.
8. Chief executive officer and staff
(1) The person who immediately before the commencement day was
appointed and holding office as the chief executive officer of the
30 department continues to hold office, on and after that day, as if the
page 30
Fire and Emergency Services Authority of Western Australia Bill 1998
Savings and transitional provisions Schedule 2
person had been appointed as the chief executive officer of the
Authority in accordance with section 19.
(2) An agreement made at any time and in effect immediately before the
commencement day between the Fire Brigades Board and a person for
5 the employment of that person on the staff of the Fire Brigades Board
has effect on and after that day as if the person had been appointed or
engaged, as the case requires, under section 20(1).
(3) An agreement made at any time and in effect immediately before the
commencement day between the employing authority of the
10 department and a person for the employment of that person on the
staff of the department has effect on and after that day as if the person
had been appointed or engaged, as the case requires, under
section 20(1).
(4) A person who immediately before the commencement day was
15 appointed and holding office --
(a) under section 12 of the Bush Fires Act 1954; or
(b) in accordance with section 15 of that Act,
continues to hold office, on and after that day, as if the person had
been appointed under section 20(1).
20 (5) Except as otherwise agreed by a person to whom this clause applies,
the operation of this clause does not --
(a) affect the person's pay, as that term is defined in regulation 3
of the Public Sector Management (Redeployment and
Redundancy) Regulations 1994;
25 (b) prejudice the person's existing or accruing rights in respect of
annual leave, long service leave, sick leave, parental leave or
any other kind of leave;
(c) affect any rights under a superannuation scheme; or
(d) interrupt continuity of service.
page 31
Fire and Emergency Services Authority of Western Australia Bill 1998
Schedule 2 Savings and transitional provisions
9. Financial reporting of Bush Fires Board and Fire Brigades Board
and department
(1) Despite section 54 of the Financial Administration and Audit
Act 1985, the accountable authority of the Authority is to be the
5 accountable authority of the Bush Fires Board and Fire Brigades
Board for the purposes of the reports required by section 66 of that
Act with respect to the period from 1 July in a financial year to a day
that --
(a) occurs in the same financial year; and
10 (b) immediately precedes the commencement day,
and Division 14 of Part II of that Act applies to that person as the
accountable authority of the Bush Fires Board and Fire Brigades
Board as if that period were a full financial year.
(2) Despite section 52 of the Financial Administration and Audit
15 Act 1985, the accountable authority of the Authority is to be the
accountable officer of the department for the purposes of the report
required by section 62 of that Act with respect to the period from
1 July in a financial year to a day that --
(a) occurs in the same financial year; and
20 (b) immediately precedes the commencement day,
and Division 13 of Part II of that Act applies to that person as the
accountable officer of the department as if that period were a full
financial year.
10. Further transitional provisions may be made
25 (1) If there is no sufficient provision in this Schedule for any matter or
thing necessary or convenient to give effect to the transition from the
Bush Fires Board, the Fire Brigades Board or the department to the
Authority, that provision may be made by regulations under
section 40.
30 (2) Any such regulation may be made so as to have effect from the
commencement day.
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Fire and Emergency Services Authority of Western Australia Bill 1998
Savings and transitional provisions Schedule 2
(3) To the extent that any such regulation has effect on a day that is
earlier than the day of its publication in the Gazette, the regulation
does not operate so as --
(a) to affect, in a manner prejudicial to any person (other than the
5 State or the Authority), the rights of that person existing
before the day of its publication; or
(b) to impose liabilities on any person (other than the State or the
Authority), in respect of anything done or omitted to be done
before the day of its publication.
10 11. Exemption from State tax
(1) In this clause --
"State tax" includes stamp duty chargeable under the Stamp Act 1921
and any other tax, duty, fee, levy or charge under a written law.
(2) State tax is not payable in relation to --
15 (a) anything that occurs by the operation of this Schedule; or
(b) anything done (including a transaction entered into or an
instrument or document of any kind made, executed, lodged
or given) under this Schedule, or to give effect to this
Schedule, or for a purpose connected with or arising out of
20 giving effect to this Schedule.
(3) Nothing in this clause affects any liability of the Authority to pay
pay-roll tax.
12. Registration of documents
The Registrar of Titles is to take notice of the provisions of this Schedule
25 and is empowered to record and register in the appropriate manner the
necessary documents, and otherwise to give effect to this Schedule.
13. Saving
The operation of this Schedule is not to be regarded --
(a) as a breach of contract or confidence or otherwise as a civil
30 wrong;
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Fire and Emergency Services Authority of Western Australia Bill 1998
Schedule 2 Savings and transitional provisions
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets,
rights or liabilities or the disclosure of information;
(c) as giving rise to any remedy by a party to an instrument or as
5 causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability;
(d) as causing any contract or instrument to be void or otherwise
unenforceable; or
10 (e) as releasing or allowing the release of any surety.
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