2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Brendan Smyth)
Emergencies (ESA) Amendment Bill 2009

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Objects of Act
Section 3 (c)	2
	5	Chapter 2	3
	6	Chief officer—ambulance service
Section 28 (1)	12
	7	Section 28 (1), note 2	12
	8	Section 28 (2)	12
	9	Chief officer—fire brigade
Section 29 (1)	12
	10	Section 29 (1), note 2	12
	11	Section 29 (2)	13
	12	Chief officer—rural fire service
Section 30 (1)	13
	13	Section 30 (1), note 2	13
	14	Section 30 (2)	13
	15	Chief officer—SES
Section 31 (1)	14
	16	Section 31 (1), note 2	14
	17	Section 31 (2)	14
	18	Deputy chief officers
Section 32 (1)	14
	19	Section 32 (2) and (4)	15
	20	General powers of chief officers
Section 34 (2)	15
	21	Directions by chief officer to service members
Section 35 (3)	15
	22	Chief officers to advise commissioner
Section 36	15
	23	Appointment of volunteer members
Section 59B (2)	16
	24	Volunteer appointments in accordance with guidelines
Section 59C (1) and (4)	16
	25	Decision about approval
Section 62 (2)	16
	26	Sections 71 to 73	16
	27	Assessment of resources and capabilities
Section 76	17
	28	Directions by commissioner to owner of land 
Section 82	17
	29	Section 114 etc	17
	30	Lighting fires for burning off
Section 123 (4)	18
	31	Section 124 and 130	18
	32	Chief executive to give support to bushfire council
Section 131	18
	33	Section 142 (1) (a) etc	18
	34	Protection of officials from liability
New section 198 (1) (ca)	19
	35	Approved forms
Section 200 (1) and (2)	19
	36	Dictionary, new definitions of authority and authority guidelines	19
Schedule 1	Consequential amendments	20
Part 1.1	Dangerous Substances (Explosives) Regulation 2004	20
Part 1.2	Emergencies Regulation 2004	20
Part 1.3	Financial Management Act 1996	21
Part 1.4	Fuels Control Act 1979	21
Part 1.5	Legislation Act 2001	22
Part 1.6	Planning and Development Regulation 2008	22

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Brendan Smyth)
Emergencies (ESA) Amendment Bill 2009

A Bill for
An Act to amend the Emergencies Act 2004, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Emergencies (ESA) Amendment Act 2009.
2	Commencement
This Act commences on 1 July 2010.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Emergencies Act 2004.
Note	This Act also amends the following legislation (see sch 1):
·	Dangerous Substances (Explosives) Regulation 2004
·	Emergencies Regulation 2004
·	Financial Management Act 1996
·	Fuels Control Act 1979
·	Legislation Act 2001
·	Planning and Development Regulation 2008.
4	Objects of Act
Section 3 (c)
omit
commissioner
substitute
authority
5	Chapter 2 
substitute
Chapter 2	Emergency services authority
Part 2.1	Establishment of authority and governing board
Note	The emergency services authority is a corporation regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as this establishing Act.
The FMA, pt 9 deals, for example, with the corporate status of territory authorities and the make-up and responsibility of governing boards.
7	Establishment of authority
	(1)	The ACT Emergency Services Authority is established.
	(2)	The authority is a corporation.
Note	For the legal capacity and powers of the authority (for example, to enter into contracts, own and dispose of property, sue and be sued) see the Financial Management Act 1996, s 74.
8	Establishment of governing board
The authority has a governing board.
Note	An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)).	
9	Governing board members
	(1)	The governing board of the authority consists of the following members:
	(a)	the chief officer (ambulance service);
	(b)	the chief officer (fire brigade);
	(c)	the chief officer (rural fire service);
	(d)	the chief officer (SES);
	(e)	the chief police officer;
	(f)	2 people appointed by the Minister.
	(2)	The Minister must not appoint a person unless satisfied that the person has the experience and skills to provide expertise in emergency management.
Note 	For the making of appointments generally, see the Legislation Act, pt 19.3.
	(3)	The Minister must appoint 1 of the appointed members as chair of the governing board of the authority.
Note 1	The chair of the governing board is appointed by the Minister under the Financial Management Act 1996, s 79.
Note 2	The chief executive officer of the authority is also a member of the governing board (see Financial Management Act 1996, s 80 (4)).  The chief executive officer is a non-voting member (see s 10 (2)).
10	Chief executive officer of authority
	(1)	The chief executive officer of the authority must be a public servant.
Note 1	The chief executive officer is appointed under the Financial Management Act 1996, s 80 (3).
Note 2	The chief executive officer manages the day-to-day operations of the authority.  For the CEO’s functions, see the  Financial Management Act 1996, s 84.
	(2)	The chief executive officer is a non-voting member of the governing board.
Part 2.2	Functions of authority	
11	Authority functions
	(1)	The authority has the following functions:
	(a)	policy development for the emergency services;
	(b)	high-level management of the emergency services.
Note	A chief officer of an emergency service is responsible for the general management and control of the service (see s 28 (3) (a), s 29 (3) (a), s 30 (3) (a) and s 31 (3) (a)).
	(2)	The authority has any function given to the authority under this Act and any other territory law.
	(3)	In the exercise of its functions, the authority must—
	(a)	develop and maintain a strategic and policy framework across the emergency services; and
	(b)	develop and implement a framework of sound corporate governance across the emergency services; and
	(c)	ensure that appropriate strategic administrative and other support services are provided to the emergency services; and
	(d)	ensure that appropriate strategic and business plans are developed, maintained and implemented across the emergency services; and
	(e)	provide for effective allocation of resources within the emergency services; and
	(f)	ensure that each emergency service has appropriate systems and practices in place—
	(i)	to provide for effective management and planning; and
	(ii)	to monitor management performance against plans and targets and to take corrective action as necessary; and
	(g)	ensure that each emergency service maintains appropriate risk management systems and practices; and
	(h)	ensure that each emergency service regularly reviews, and revises as necessary, its plans, structures, systems, targets and practices to address changing circumstances and to improve the provision of emergency services and business practices; and
	(i)	ensure that each emergency service meets its statutory responsibilities and complies with this Act and any other relevant territory law; and
	(j)	ensure the observance of high ethical standards within the emergency services; and
	(k)	foster and support career development opportunities and personal development opportunities for members; and
	(l)	support and encourage participation in the emergency services by volunteer members; and
	(m)	recognise outstanding achievements of people involved in the provision of emergency services or who take action or assist at the scene of an emergency or who otherwise support the objectives or activities of the emergency services; and
	(n)	ensure that there is effective consultation with the community in relation to the operation of this Act; and
	(o)	disseminate knowledge about emergency services to improve community safety; and
	(p)	undertake public education programs to promote awareness of emergency services functions and activities; and
	(q)	undertake programs to educate the public on their personal preparedness and responsibilities in emergency situations; and
	(r)	recognise the diverse needs of the community including people with special needs; and
Example—people with special needs
1	the frail aged
2	people with a disability
3	people in hospital
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(s)	provide regular reports to the Minister on the activities and performance of the emergency services; and
	(t)	give the Minister reports or advice about the operation of this Act and the provision of emergency services under this Act. 
12	Emergency coordination
The authority must ensure that—
	(a)	an emergency coordination centre is established and maintained for the ACT; and
	(b)	common planning, administrative and logistic support is provided for the emergency services (including common communications and emergency coordination centres).
Example
common risk management planning
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
13	Authority to advise Minister	
The authority must advise the Minister on the overall capability and preparedness of the emergency services including prevention activities by the services.
14	Asking bushfire council’s advice
	(1)	The authority must ask for, and consider, the bushfire council’s advice before exercising a function relating to bushfires prescribed under the regulations. 
	(2)	The authority may ask for the bushfire council’s advice in relation to the exercise of any other function relating to bushfires.
15	Authority may make guidelines
	(1)	The authority may, in writing, make guidelines for the organisation and operation of the authority and the strategic operation of each of the emergency services (the authority guidelines).
	(2)	The authority guidelines are a notifiable instrument except to the extent that the authority considers it is in the public interest that it not be notifiable.
Note	A notifiable instrument must be notified under the Legislation Act.
	(3)	Any part of the authority guidelines that is not notified under the Legislation Act must be given to the appropriate Legislative Assembly committee.
	(4)	The authority guidelines may make provision in relation to—
	(a)	areas of the emergency services to be operated jointly; and
	(b)	operation of joint areas of the emergency services; and
	(c)	planning and conduct of joint operations of the emergency services; and
	(d)	anything else in relation to the organisation and operation of the authority, and the strategic organisation and operation of each of the emergency services, that the authority considers appropriate.
Examples
1	guidelines for the operation of a joint communications area for the services 
2	guidelines for joint operations
3	guidelines for joint response to a major building collapse
4	guidelines for ending appointments of volunteer members (including application of the rules of natural justice)
Note 1	An Act that authorises the making of a statutory instrument (eg guidelines) also authorises an instrument to be made with respect to any matter required or permitted to be prescribed under the authorising law or that is necessary or convenient to be prescribed for carrying out or giving effect to the authorising law (see Legislation Act, s 44).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	The authority guidelines may apply, adopt or incorporate a law or instrument as in force from time to time.
Note	The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
	(6)	The chief officer of an emergency service may recommend amendments of the authority guidelines to the authority.
	(7)	For this section:
appropriate Legislative Assembly committee means the standing committee of the Legislative Assembly nominated, in writing, by the Speaker.
16	Delegations by authority
The authority may delegate the authority’s functions under this Act or another Territory law to a public servant or a member of an emergency service.
Note	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Part 2.3	Operations of authority
17	Authority to comply with directions
The authority must comply with any directions given to the authority under this Act or another Territory law.
Note	The authority may be given directions by the Minister under s 6J.
18	Ministerial directions to authority
	(1)	The Minister may give a written direction to the authority about the exercise of its functions.
	(2)	Before giving a direction, the Minister must—
	(a)	tell the authority about the proposed direction; and
	(b)	give the authority reasonable opportunity to comment on the proposed direction; and
	(c)	consider any comment made by the authority.
	(3)	The Minister must—
	(a)	present a copy of a direction to the Legislative Assembly within 6 sitting days after the day it is given to the authority; and
	(b)	if the copy would not be presented to the Legislative Assembly under paragraph (a) within 14 days after the day it is given to the authority—give copies of the direction to the Speaker for the members of the Legislative Assembly within the 14 days.
	(4)	If subsection (3) is not complied with, the direction is taken to have been revoked at the end of the period within which the copy of the direction should have been presented or given to the Speaker. 
	(5)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
19	Reports by authority to Minister
	(1)	The authority must give the Minister a report, or information about its operations, required by the Minister.
	(2)	A report under this section must be prepared in the form (if any) that the Minister requires.
	(3)	This section is in addition to any other provision about the giving of reports or information by the authority.
20	Authority’s annual report
A report prepared by the authority under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
	(a)	a copy of any direction given to the authority under this Act or another Territory law during the year; and
	(b)	a statement by the authority about action taken during the year to give effect to any direction given to the authority (whether before or during the year).
6	Chief officer—ambulance service
Section 28 (1)
omit
chief executive may, after consulting the commissioner,
substitute
Executive must, after appropriate consultation
7	Section 28 (1), note 2
omit
8	Section 28 (2)
omit
chief executive 
substitute
Executive
9	Chief officer—fire brigade
Section 29 (1)
omit
chief executive may, after consulting the commissioner,
substitute
Executive must, after appropriate consultation,
10	Section 29 (1), note 2
omit
11	Section 29 (2)
omit
chief executive 
substitute
Executive
12	Chief officer—rural fire service
Section 30 (1)
omit
chief executive may, after consulting with the bushfire council and the commissioner,
substitute
Executive must, after appropriate consultation, including with the bushfire council,  
13	Section 30 (1), note 2
omit
14	Section 30 (2)
omit
chief executive 
substitute
Executive
15	Chief officer—SES
Section 31 (1)
omit
chief executive may, after consulting the commissioner,
substitute
Executive must, after appropriate consultation,
16	Section 31 (1), note 2
omit
17	Section 31 (2)
omit
chief executive 
substitute
Executive
18	Deputy chief officers
Section 32 (1)
omit
chief executive may, after consulting the commissioner,
substitute
authority must, after appropriate consultation,
19	Section 32 (2) and (4)
omit
chief executive 
substitute
authority 
20	General powers of chief officers
Section 34 (2)
omit
commissioner’s guidelines
substitute
authority guidelines
21	Directions by chief officer to service members
Section 35 (3)
omit
commissioner and the commissioner’s guidelines
substitute
authority and the authority guidelines
22	Chief officers to advise commissioner
Section 36
omit
commissioner
substitute
authority
23	Appointment of volunteer members
Section 59B (2)
omit
commissioner’s guidelines
substitute
authority guidelines
24	Volunteer appointments in accordance with guidelines
Section 59C (1) and (4)
omit
commissioner’s guidelines
substitute
authority guidelines
25	Decision about approval
Section 62 (2)
omit
commissioner
substitute
authority
26	Sections 71 to 73
omit
commissioner
substitute
authority
27	Assessment of resources and capabilities
Section 76
omit
commissioner
substitute
authority
28	Directions by commissioner to owner of land
Section 82 
omit
commissioner
substitute
authority
29	Section 114 etc
omit
commissioner
substitute
authority
in
·	section 114
·	section 115
·	section 117
·	section 118
·	section 119
·	section 123
30	Lighting fires for burning off
Section 123 (4)
omit
commissioner’s
substitute
authority’s
31	Section 124 and 130
omit
commissioner
substitute
authority
32	Chief executive to give support to bushfire council
Section 131
omit
chief executive
substitute
authority
33	Section 142 (1) (a) etc
omit
commissioner
substitute
authority
in
·	section 142 (1) (a)
·	section 143 (3) (b) 
·	section 149 (3) 
·	section 174
·	section 177
·	section 179 (1)
·	section 184
·	section 197 (1)
34	Protection of officials from liability
New section 198 (1) (ca)
insert
	(ca)	any other member of the staff of the authority; or
35	Approved forms
Section 200 (1) and (2)
omit
commissioner
substitute
authority
36	Dictionary, new definitions of authority and authority guidelines
insert
authority means the ACT Emergency Services Authority established under section 7.
authority guidelines—see section  15.

Schedule 1	Consequential amendments
(see s 3)	
Part 1.1	Dangerous Substances (Explosives) Regulation 2004
[1.1]	Schedule 2, section 2.1 (4)
omit
emergency services commissioner
substitute 
emergency services authority
[1.2]	Dictionary, note 2
omit
·	emergency services commissioner
substitute 
·	emergency services authority
Part 1.2	Emergencies Regulation 2004
[1.3]	Section 5 (1) (b) (i)
omit
emergency services commissioner
substitute 
emergency services authority
Part 1.3	Financial Management Act 1996
[1.4]	Sections 54 (1) and 76 (2)
insert
·	Emergency Services Authority
Part 1.4	Fuels Control Act 1979
[1.5]	Section 12
omit
emergency services commissioner
substitute 
emergency services authority
[1.6]	Section 12A
omit
emergency services commissioner
substitute 
emergency services authority
[1.7]	Section 17 (c)
omit
emergency services commissioner
substitute 
emergency services authority
[1.8]	Dictionary, note 2
omit
·	emergency services commissioner
substitute 
·	emergency services authority
Part 1.5	Legislation Act 2001
[1.9]	Dictionary, part 1, new definition of emergency services authority
insert
emergency services authority means the ACT Emergency Services Authority under the Emergencies Act 2004.
Part 1.6	Planning and Development Regulation 2008
[1.10]	Section 26 (1) (d)
substitute
	(d)	the emergency services authority;

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009