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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-02-18 Daily Xml
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Bills

Fire and Emergency Services (Miscellaneous) Amendment Bill

Second Reading

The Hon. S.G. WADE (Minister for Health and Wellbeing) (17:16): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The purpose of the Fire and Emergency Services (Miscellaneous) Amendment Bill 2018 is to amend the Fire and Emergency Services Act 2005 to incorporate recommended legislative changes arising from recommendations from the 2013 review of the Act, and a number of internal reviews undertaken by the Emergency Services Sector since.

The Fire and Emergency Services Act 2005, creating the South Australian Fire and Emergency Services Commission and incorporating the previous Acts governing the Metropolitan Fire Service, the Country Fire Service and the State Emergency Service, was passed in Parliament and assented to in October 2005.

Following the tabling of the Bill in November 2018, it was resolved to form a select committee to consider the proposed amendments in relation to powers for the cessation of harvesting. This House thanks the Select Committee for the diligent work on seeking feedback from a wide range of stakeholders and is pleased to advise today that the recommendations of the Select Committee have been accepted and these recommendations have been amended into this draft Bill.

This Bill seeks to amend the Fire and Emergency Services Act 2005 to incorporate long overdue legislative changes.

The Bill proposes the following changes:

Protection of CFS and SES volunteers who are absent from work, on official duties as a member of an emergency service organisation when responding to an emergency;

Breaches of permit conditions imposed by authorised officers;

Various technical issues raised by the emergency services organisations relating to apparent anomalies or ambiguities within the Act.

Providing power to direct the cessation of hazardous practices that due to weather conditions may cause a fire if ignited to get out of control and based upon the recommendations of the Select Committee, these powers will be conferred upon SAPOL.

The feedback through consultation will ensure the best possible legislation is provided to protect the communities of South Australia.

This Bill will regulate the introduction of industry brigades to assist in protecting our communities particularly in the State's South East where our forest industries are an important part of our economy. The Bill recognises, where appropriate the significance of harmonisation with Victoria who have been operating under similar legislation for a number of years.

This bushfire season has reminded us all of the bushfire threat. With this in mind, the government is keen to ensure that complete and effective powers are available to ensure the risk of bushfire is minimised. This Bill will bring into legislation many of the recommendations of the 2013 Holloway Review. It acknowledges the important contribution of our fire and emergency services make to the protection of our communities and these amendments will strengthen certain powers and clarify functions to make South Australia an even safer community.

Further input and review will be sought to better streamline and coordinate our fire and emergency services, however for the moment we need to be able to assure the community that we are presenting the best possible legislation to protect our community from the threat of bushfire.

The key objectives of this Bill are to improve the ability of the emergency services to deliver key public safety outcomes, at minimal cost to the Government and community and to demonstrate the Government's commitment and appreciation of emergency services volunteers to the safety of our community.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Fire and Emergency Services Act 2005

4—Amendment of section 3—Interpretation

Definitions and interpretative provisions are inserted for the purposes of the measure.

5—Amendment of section 26—Functions and powers

This clause expands the list of examples in section 26(3) to include the recording, possession or use of moving or still images for the purposes of SAMFS operations and activities.

6—Amendment of section 37—Rectification where safeguards inadequate

This clause amends section 37 to provide for references to the new Planning, Development and Infrastructure Act 2016.

7—Amendment of section 38—Closure orders etc

This clause clarifies powers in relation to closure of buildings by allowing orders to be issued requiring persons to leave a building and the securing of the building against further entry. In addition, all orders under the section will have an initial maximum period of 2 full business days after the day on which the order was issued (instead of 48 hours from the time of issue of the order). The provision also clarifies that the power to rescind an order under subsection (7) does not apply to an order of the Court.

8—Amendment of section 42—Powers

This clause will allow an officer of SAMFS to engage a contractor to carry out demolition or other work at the scene of a fire or emergency whether or not the officer is present at the scene of the fire or other emergency.

9—Amendment of section 59—Functions and powers

This clause expands the list of examples in section 59(3) to include the recording, possession or use of moving or still images for the purposes of SACFS operations and activities.

10—Amendment of section 68—Establishment of SACFS

The amendment to section 68 enables an industry brigade to form part of an SACFS group.

11—Insertion of Part 4 Division 5A

Division 5A is inserted:

Division 5A—Industry Brigades

69A—Preliminary

Definitions are inserted for the purposes of the Division, including definitions of a prescribed person and a responsible person.

69B—Designated areas for industry brigades

The Chief Officer may designate an area of land (being land not within a fire district) as an area where the Chief Officer considers an industry brigade should be established.

69C—Establishment of industry brigades

The Chief Officer may give a prescribed person a written notice relating to a designated area requiring the prescribed person to establish an industry brigade, have it registered and take other steps related to establishing and maintaining an industry brigade.

An appeal against the notice is provided for.

The costs incurred in complying with the notice will be borne by the responsible person (defined as the prescribed person or a person designated as the responsible person for the purposes of the definition of responsible person).

69D—Registration of industry brigades

Provision is made in relation to the registration of industry brigades.

69E—Chief Officer may give directions

The Chief Officer may give directions to the responsible person for an industry brigade relating to a range of matters (set out in the provision), which generally relate to the maintenance and operation of the industry brigade.

69F—Exclusion of certain claims

Compensation is not payable by the Crown or SACFS in relation to the Division.

12—Amendment of section 70—Command structure

This clause is a related amendment to provide that only SACFS brigades may take part in elections of group officers.

This clause provides for the making of regulations to make provision with respect to the eligibility of employees of SACFS to be elected to an office.

13—Insertion of Part 4 Division 6A

New Division 6A will provide the SACFS with equivalent powers to those of the SAMFS under Part 3 Division 5 of the Act.

14—Amendment of section 71—State Bushfire Coordination Committee

This clause makes changes to the requirements for membership of the State Bushfire Coordination Committee.

15—Amendment of section 80—Total fire ban

This clause allows information about total fire bans to be disseminated by means other than just radio broadcast.

16—Amendment of section 81—Permit to light and maintain a fire

Section 81 is proposed to be amended to require each council that is a rural council or that includes a designated urban bushfire risk area to appoint at least 1 authorised officer to issue permits under the provision (unless exempted by the Chief Officer of SACFS).

17—Amendment of section 82—Power to direct

This clause clarifies the powers of direction under section 82. The existing power to direct someone to refrain from lighting a fire where weather conditions mean a fire may get out of control is extended to apply to a fire that is being maintained and is amended to make it clear that it applies even if the fire is being lit or maintained pursuant to a permit.

18—Amendment of section 94—Failure by a council to exercise statutory powers

This clause replaces a reference to the South Australian Bushfire Prevention Advisory Committee with a reference to the State Bushfire Coordination Committee.

19—Amendment of section 97—Powers

This clause is a related amendment that deletes certain provisions relating to the person in charge of a fire on a forest reserve.

20—Insertion of section 105IA

A new power is added to allow a police officer to direct a person to refrain from carrying on an activity (being an activity of a prescribed kind or any other activity that the officer is satisfied may cause a fire) during a specified period if because of weather conditions a fire caused by the activity might get out of control.

21—Amendment of section 108—Functions and powers

This clause expands the list of examples in section 108(3) to include the recording, possession or use of moving or still images for the purposes of SASES operations and activities.

22—Amendment of section 116—SASES units

This clause amends section 116 of the principal Act to delete the requirement for a SASES unit to have a constitution and to make consequential amendments to delete all references to the constitution of a SASES unit.

23—Insertion of Part 5 Division 4A

This clause inserts a new Division dealing with the command structure of SASES. The provision largely mirrors various provisions in the current section 70 relating to the command structure of the SACFS.

24—Amendment of section 118—Powers

This clause will allow an officer of SASES to engage a contractor to carry out demolition or other work at the scene of an emergency, whether or not the officer is present at the scene of the emergency (which is equivalent to section 42(5) for the SAMFS).

25—Insertion of section 127A

Proposed section 127A provides that a person who is absent from employment on official duties as a member of an emergency services organisation, in connection with a fire or other emergency is not liable to be dismissed or prejudiced in employment by reason of that absence.

26—Amendment of section 142—Payment of costs and expenses for certain vessels and property

This clause amends section 142 to extend the capacity to recover costs and expenses to the SASES.

27—Amendment of section 143—Fees

This clause allows the regulations to prescribe late payment fees.

28—Amendment of Schedule 5—Regulations

This clause is consequential to clause 11.

Schedule 1—Transitional provisions

This Schedule contains transitional provisions.

Debate adjourned on motion of Hon. R.P. Wortley.

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