2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Steve Pratt)
Fire, Emergency Services and Ambulance Authorities Bill 2003

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2

	4	Notes	3
	5	Offences against Act—application of Criminal Code etc	3
Part 2	Bushfire authority
Division 2.1	General
	6	Establishment of bushfire authority	4
	7	Bushfire authority functions	4
	8	Government agencies to assist bushfire authority	5
Division 2.2	Bushfire authority board of management
	9	Bushfire authority board—establishment	5
	10	Bushfire authority board functions	6
	11	Bushfire authority board constitution	6
	12	Bushfire authority board—chairperson and deputy chairperson	6
	13	Bushfire authority board procedures	6
Division 2.3	Bushfire authority chief executive
	14	Appointment of bushfire authority chief executive	7
	15	First bushfire authority chief executive	7
	16	Functions of bushfire authority chief executive	8
Division 2.4	Bushfire authority staff and consultants
	17	Bushfire authority staff	9
	18	Bushfire authority consultants	9
Division 2.5	Bushfire Advisory Council
	19	Establishment of BAC	9
	20	BAC function	10
	21	Assistance by bushfire authority chief executive	10
	22	BAC members’ expenses	10
Part 3	Emergency Services Authority
Division 3.1	General
	23	Establishment of ESA	11
	24	ESA functions	11
	25	Government agencies to assist ESA	12
Division 3.2	ESA board of management
	26	ESA board—establishment	12
	27	ESA board functions	12
	28	ESA board constitution	13
	29	ESA board—chairperson and deputy chairperson	13
	30	ESA board procedures	13
Division 3.3	ESA chief executive
	31	Appointment of ESA chief executive	13
	32	First ESA chief executive	14
	33	Functions of ESA chief executive	15
Division 3.4	ESA staff and consultants
	34	ESA staff	15
	35	ESA consultants	16
Division 3.5	Emergency Services Advisory Council
	36	Establishment of ESAC	16
	37	ESAC function	16
	38	Assistance by ESA chief executive	17
	39	ESAC members’ expenses	17
Part 4	Metropolitan Fire and Ambulance Authority
Division 4.1	General
	40	Establishment of MFAA	18
	41	MFAA functions	18
	42	Government agencies to assist MFAA	19
Division 4.2	MFAA board of management
	43	MFAA board—establishment	20
	44	MFAA board functions	20
	45	MFAA board constitution	20
	46	MFAA board—chairperson and deputy chairperson	20
	47	MFAA board procedures	21
Division 4.3	Fire brigade chief executive
	48	Appointment of fire brigade chief executive	21
	49	First fire brigade chief executive	21
	50	Functions of fire brigade chief executive	22
Division 4.4	Ambulance service chief executive
	51	Appointment of ambulance service chief executive	23
	52	First ambulance service chief executive	23
	53	Functions of ambulance service chief executive	24
Division 4.5	MFAA staff and consultants
	54	MFAA staff	25
	55	MFAA consultants	25
Division 4.6	Metropolitan Fire and Ambulance Advisory Council
	56	Establishment of MFAAC	25
	57	MFAC functions	26
	58	Assistance by MFAA chief executives	26
	59	MFAAC members’ expenses	26
Part 5	Emergency authorities—general
Division 5.1	Interpretation
	60	Meaning of emergency authority	27
Division 5.2	Accountability
	61	Requests for information	27
	62	Notice of significant events	27
	63	Ministerial directions	27
	64	Audits	29
Division 5.3	Standards of conduct
	65	Meaning of relevant person for div 5.3	31
	66	Improper use of position	31
	67	Improper use of information	31
Division 5.4	General
	68	Power to bind authority	32
	69	Annual report	32
	70	Regulation-making power	32
Schedule 1	Appointments to emergency authority boards	33
	1	Constitution of emergency authority board	33
	2	Remuneration and allowances of directors	34
	3	Ending of appointment of director	34
Schedule 2	Emergency authority board procedures	36
	1	Calling meetings of board	36
	2	Who presides at board meetings?	36
	3	Procedure at board meetings	36
	4	Quorum	37
	5	Disclosure of interests by directors	37
	6	Reporting of disclosed interests to Minister	38
Dictionary		39

2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Steve Pratt)
Fire, Emergency Services and Ambulance Authorities Bill 2003

A Bill for
An Act to establish independent authorities to supervise bushfire-fighting services (including the rural firefighting service), the ACT emergency service, the fire brigade and the ambulance service

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

Part 1	Preliminary
1	Name of Act
This Act is the Fire, Emergency Services and Ambulance Authorities Act 2003.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘built-up area—see the Bushfire Act 1936, section 2.’ means that the term ‘built-up area’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Bushfire authority
Division 2.1	General
6	Establishment of bushfire authority
	(1)	The Bushfire Authority (bushfire authority) is established.
	(2)	The authority—
	(a)	is a corporation; and
	(b)	may have a seal.
	(3)	In exercising its functions, the authority has the same capacity as an individual.
7	Bushfire authority functions
The bushfire authority has the following functions:
	(a)	to supervise the rural firefighting service;
Note	The rural firefighting service is established under the Bushfire Act 1936, s 5A and s 5K.
	(b)	to provide support to the fire brigade for fire prevention and control operations in built-up areas, as directed by the Minister;
	(c)	to provide support for other Territory agencies, and for Commonwealth and State authorities, during emergencies of any kind, as directed by the Minister;
	(d)	to organise, develop and train the capability of the rural firefighting service alone or in conjunction with other authorities;
	(e)	to provide strategic planning services to counter the bushfire threat to the ACT;
	(f)	to perform community services in accordance with any agreement with the Minister;
	(g)	to advise the Minister on all significant issues relating to the bushfire authority and its activities;
	(h)	to implement any directions by the Minister under this Act;
	(i)	to exercise any other function given to it under this Act, the Bushfire Act 1936 or any other Territory law;
	(j)	to carry out activities incidental to its other functions.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
8	Government agencies to assist bushfire authority
	(1)	If requested by the bushfire authority or the bushfire authority chief executive, an administrative unit or Territory authority must give the bushfire authority any administrative and logistical assistance in carrying out its functions that is reasonably practical.
	(2)	Administrative and logistical assistance given by an administrative unit or Territory authority is subject to any direction given by the authority or the bushfire authority chief executive.
Division 2.2	Bushfire authority board of management
9	Bushfire authority board—establishment
A board of management for the bushfire authority is established.
10	Bushfire authority board functions
	(1)	The board has general responsibility for the policies and management of the bushfire authority.
	(2)	Without limiting subsection (1), the board is required to—
	(a)	decide the strategies and policies to be followed by the authority; and
	(b)	ensure that the authority exercises its functions in a proper, efficient and effective way; and
	(c)	establish and monitor performance standards for the rural firefighting service.
11	Bushfire authority board constitution
	(1)	The board consists of directors appointed by the Minister.
	(2)	Schedule 1 (Appointments to emergency authority boards) also applies in relation to the appointment of the directors.
12	Bushfire authority board—chairperson and deputy chairperson
	(1)	The Minister must appoint a director to be the chairperson of the board.
	(2)	The directors must elect one of their number to be the deputy chairperson of the board.
13	Bushfire authority board procedures
Schedule 2 (Emergency authority board procedures) applies in relation to the procedure to be followed for board meetings.
Division 2.3	Bushfire authority chief executive
14	Appointment of bushfire authority chief executive
	(1)	The bushfire authority must appoint a person as chief executive of the authority (the bushfire authority chief executive), after consulting the Minister.
Note	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
	(2)	The bushfire authority chief executive’s conditions of appointment are the conditions agreed between the authority and the bushfire authority chief executive, subject to any determination under the Remuneration Tribunal Act 1995.
	(3)	However, the authority may enter into an agreement mentioned in subsection (2) only after consultation between the Minister and the bushfire authority board.
	(4)	Despite any agreement or determination under subsection (2), the authority may end the appointment of the bushfire authority chief executive without compensation if the chief executive contravenes section 16 (2) or division 5.3 (Standards of conduct).
15	First bushfire authority chief executive
	(1)	The first bushfire authority chief executive is the person who, immediately before the day this section commenced, was the chief fire control officer under the Bushfire Act 1936.
	(2)	The terms and conditions on which the first bushfire authority chief executive holds office are those which applied to his or her appointment as chief fire control officer, subject to any more favourable terms and conditions agreed between the chief executive and the bushfire authority, or that apply under any determination under the Remuneration Tribunal Act 1995.
	(3)	Despite any agreement or determination under subsection (2), the authority may end the appointment of the first bushfire authority chief executive without compensation if the chief executive contravenes section 16 (2) or division 5.3 (Standards of conduct).
	(4)	This section expires 5 years after the day it commences.
	(5)	This section is a law to which the Legislation Act, section 88 (Repeal does not end the effect of transitional laws etc) applies.
16	Functions of bushfire authority chief executive
	(1)	The bushfire authority chief executive has the following functions:
	(a)	to lead the ACT bushfire fighting capacity;
	(b)	to manage the bushfire authority’s affairs on a day-to-day basis on behalf of the bushfire authority board;
	(c)	to advise the bushfire authority board on all aspects of planning and operations in relation to countering the bushfire threat posed to the ACT;
	(d)	to train members of the rural firefighting service to meet the challenges presented by the bushfire threat;
	(e)	to train those members, and staff of the bushfire authority, to national standards and best practices, as determined by the board;
	(f)	any other function given to the bushfire authority chief executive by the board.
	(2)	In performing these functions, the chief executive must act in accordance with any policies decided, and directions given, by the board.
Division 2.4	Bushfire authority staff and consultants
17	Bushfire authority staff
The staff of the bushfire authority are employed under the Public Sector Management Act 1994.
Note	The Public Sector Management Act 1994, s 24 provides that the chief executive officer of an instrumentality has all the powers of a chief executive under the Act in relation to staff members who are public servants.  Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.
18	Bushfire authority consultants
	(1)	The bushfire authority may engage consultants.
	(2)	However, the authority must not enter into a contract of employment under this section.
Division 2.5	Bushfire Advisory Council
19	Establishment of BAC
	(1)	The Bushfire Advisory Council (BAC) is established.
	(2)	The BAC consists of members appointed by the Minister on the recommendation of the bushfire authority, for periods, and on other conditions, stated in the instruments of appointment (subject to this Act).
	(3)	In making a decision about appointing a person as a member of the BAC, the Minister must consider the experience and expertise of the person in relation to the prevention and control of bushfires.
	(4)	The procedure at meetings of the BAC must be determined by the BAC.
20	BAC function
	(1)	The BAC is to provide advice to the Minister and the board about issues affecting the functions of the rural firefighting service.
	(2)	The BAC must provide advice as required by the Minister or the board, and may provide advice on its own initiative.
	(3)	In carrying out its function, the BAC may consult members of the public and with other entities interested in issues affecting the functions of the rural firefighting service.
21	Assistance by bushfire authority chief executive
The bushfire authority chief executive officer must give the BAC any assistance in carrying out its function that is reasonably practical, in consultation with the BAC.
22	BAC members’ expenses
	(1)	The bushfire authority must reimburse a member of the BAC for expenses reasonably incurred by the member for attending a meeting of the BAC.
	(2)	A member of the BAC is not otherwise entitled to be paid for functions performed in connection with the work of the BAC.

Part 3	Emergency Services Authority
Division 3.1	General
23	Establishment of ESA
	(1)	The Emergency Services Authority (ESA) is established.
	(2)	The ESA—
	(a)	is a corporation; and
	(b)	may have a seal.
	(3)	In exercising its functions, the ESA has the same capacity as an individual.
24	ESA functions
The ESA has the following functions:
	(a)	to supervise the ACT emergency service;
Note	The ACT emergency service is established under the Emergency Management Act 1999, pt 5.
	(b)	to provide support for other Territory agencies, and for Commonwealth and State authorities, during emergencies of any kind, as directed by the Minister;
	(c)	to organise, develop and train the capability of the ACT emergency service;
	(d)	to perform community services in accordance with any agreement with the Minister;
	(e)	to advise the Minister on all significant issues relating to the ESA and its activities;
	(f)	to implement any directions by the Minister under this Act;
	(g)	to exercise any other function given to it under this Act, the Emergency Management Act 1999 or any other Territory law;
	(h)	to carry out activities incidental to its other functions.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
25	Government agencies to assist ESA
	(1)	If requested by the ESA or the ESA chief executive, an administrative unit or Territory authority must give the ESA any administrative and logistical assistance in carrying out its functions that is reasonably practical.
	(2)	Administrative and logistical assistance given by an administrative unit or Territory authority is subject to any direction given by the ESA or the ESA chief executive.
Division 3.2	ESA board of management
26	ESA board—establishment
A board of management for the ESA is established.
27	ESA board functions
	(1)	The board has general responsibility for the policies and management of the ESA.
	(2)	Without limiting subsection (1), the board is required to—
	(a)	decide the strategies and policies to be followed by the ESA; and
	(b)	ensure that the ESA exercises its functions in a proper, efficient and effective way; and
	(c)	establish and monitor performance standards for the ACT emergency service.
28	ESA board constitution
	(1)	The board consists of directors appointed by the Minister.
	(2)	Schedule 1 (Appointments to emergency authority boards) also applies in relation to the appointment of the directors.
29	ESA board—chairperson and deputy chairperson
	(1)	The Minister must appoint a director to be the chairperson of the board.
	(2)	The directors must elect one of their number to be the deputy chairperson of the board.
30	ESA board procedures
Schedule 2 (Emergency authority board procedures) applies in relation to the procedure to be followed for board meetings.
Division 3.3	ESA chief executive
31	Appointment of ESA chief executive
	(1)	The ESA must appoint a person as chief executive of the authority (ESA chief executive), after consulting the Minister.
Note	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
	(2)	The ESA chief executive’s conditions of appointment are the conditions agreed between the ESA and the ESA chief executive, subject to any determination under the Remuneration Tribunal Act 1995.
	(3)	However, the ESA may enter into an agreement mentioned in subsection (2) only after consultation between the Minister and the ESA board.
	(4)	Despite any agreement or determination under subsection (2), the authority may end the appointment of the ESA chief executive without compensation if the chief executive contravenes section 33 (2) or division 5.3 (Standards of conduct).
32	First ESA chief executive
	(1)	The first ESA chief executive is the person who, immediately before the day this section commenced, was the director of the ACT emergency service under the Emergency Management Act 1999.
	(2)	The terms and conditions on which the first ESA chief executive holds office are those which applied to his or her appointment as director of the ACT emergency service, subject to any more favourable terms and conditions agreed between the chief executive and the ESA, or that apply under any determination under the Remuneration Tribunal Act 1995.
	(3)	Despite any agreement or determination under subsection (2), the authority may end the appointment of the first ESA chief executive without compensation if the chief executive contravenes section 33 (2) or division 5.3 (Standards of conduct).
	(4)	This section expires 5 years after the day it commences.
	(5)	This section is a law to which the Legislation Act, section 88 (Repeal does not end the effect of transitional laws etc) applies.
33	Functions of ESA chief executive
	(1)	The ESA chief executive has the following functions:
	(a)	to lead the ACT capacity to deal with emergencies;
	(b)	to manage the ESA’s affairs on a day-to-day basis on behalf of the ESA board;
	(c)	to advise the ESA board on all aspects of planning and operations in relation to emergencies in the ACT;
	(d)	to train members of the ACT emergency service to meet the challenges presented by emergencies in the ACT;
	(e)	to train those members, and staff of the ESA, to national standards and best practices, as determined by the board;
	(f)	any other function given to the ESA chief executive by the board.
	(2)	In performing these functions, the chief executive must act in accordance with any policies decided, and directions given, by the board.
Division 3.4	ESA staff and consultants
34	ESA staff
The staff of the ESA are employed under the Public Sector Management Act 1994.
Note	The Public Sector Management Act 1994, s 24 provides that the chief executive officer of an instrumentality has all the powers of a chief executive under the Act in relation to staff members who are public servants.  Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.
35	ESA consultants
	(1)	The ESA may engage consultants.
	(2)	However, the ESA must not enter into a contract of employment under this section.
Division 3.5	Emergency Services Advisory Council
36	Establishment of ESAC
	(1)		The Emergency Services Advisory Council (ESAC) is established.
	(2)	The ESAC consists of members appointed by the Minister on the recommendation of the ESA, for periods, and on other conditions, stated in the instruments of appointment (subject to this Act).
	(3)	In making a decision about appointing a person as a member of the ESAC, the Minister must consider the experience and expertise of the person in relation to planning and operations to deal with emergencies.
	(4)	The procedure at meetings of the ESAC must be determined by the ESAC.
37	ESAC function
	(1)	The ESAC is to provide advice to the Minister and the board about issues affecting the functions of the emergency service.
	(2)	The ESAC must provide advice as required by the Minister or the board, and may provide advice on its own initiative.
	(3)	In carrying out its function, the ESAC may consult members of the public and with other entities interested in issues affecting the functions of the ACT emergency service.
38	Assistance by ESA chief executive
The ESA chief executive officer must give the ESAC any assistance in carrying out its function that is reasonably practical, in consultation with the ESAC.
39	ESAC members’ expenses
	(1)	The ESA must reimburse a member of the ESAC for expenses reasonably incurred by the member for attending a meeting of the ESAC.
	(2)	A member of the ESAC is not otherwise entitled to be paid for functions performed in connection with the work of the ESAC.

Part 4	Metropolitan Fire and Ambulance Authority
Division 4.1	General
40	Establishment of MFAA
	(1)	The Metropolitan Fire and Ambulance Authority (MFAA) is established.
	(2)	The MFAA—
	(a)	is a corporation; and
	(b)	may have a seal.
	(3)	In exercising its functions, the MFAA has the same capacity as an individual.
41	MFAA functions
The MFAA has the following functions:
	(a)	to supervise the fire brigade and the ambulance service.
Note 1	The fire brigade is established under the Fire Brigade (Administration) Act 1974.
Note 2	The ambulance service is established under the Emergency Management Act 1999, pt 6.
	(b)	to provide support to the rural firefighting service for fire prevention and control operations outside built-up areas, as directed by the Minister;
	(c)	to provide support for other Territory agencies, and for Commonwealth and State authorities, during emergencies of any kind, as directed by the Minister;
	(d)	to organise, develop and train the capability of the fire brigade alone or in conjunction with other authorities;
	(e)	to provide strategic planning services to counter the fire threat in built-up areas;
	(f)	to perform community services in accordance with any agreement with the Minister;
	(g)	to advise the Minister on all significant issues relating to the MFAA and its activities;
	(h)	to implement any directions by the Minister under this Act;
	(i)	to exercise any other function given to it under this Act, the Fire Brigade Act 1957, the Fire Brigade (Administration) Act 1974, the Emergency Management Act 1999 or any other Territory law;
	(j)	to carry out activities incidental to its other functions.
Note	A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
42	Government agencies to assist MFAA
	(1)	If requested by the MFAA or an MFAA chief executive, an administrative unit or Territory authority must give the MFAA any administrative and logistical assistance in carrying out its functions that is reasonably practical.
	(2)	Administrative and logistical assistance given by an administrative unit or Territory authority is subject to any direction given by the MFAA or an MFAA chief executive.
Division 4.2	MFAA board of management
43	MFAA board—establishment
A board of management for the MFAA is established.
44	MFAA board functions
	(1)	The board has general responsibility for the policies and management of the MFAA.
	(2)	Without limiting subsection (1), the board is required to—
	(a)	decide the strategies and policies to be followed by the MFAA; and
	(b)	ensure that the MFAA exercises its functions in a proper, efficient and effective way; and
	(c)	establish and monitor performance standards for the fire brigade and the ambulance service.
45	MFAA board constitution
	(1)	The board consists of directors appointed by the Minister.
	(2)	Schedule 1 (Appointments to emergency authority boards) also applies in relation to the appointment of the directors.
46	MFAA board—chairperson and deputy chairperson
	(1)	The Minister must appoint a director to be the chairperson of the board.
	(2)	The directors must elect one of their number to be the deputy chairperson of the board.
47	MFAA board procedures
Schedule 2 (Emergency authority board procedures) applies in relation to the procedure to be followed for board meetings.
Division 4.3	Fire brigade chief executive
48	Appointment of fire brigade chief executive
	(1)	The MFAA must appoint a person to be a chief executive of the fire brigade (the fire brigade chief executive), after consulting the Minister.
Note	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
	(2)	A fire brigade chief executive’s conditions of appointment are the conditions agreed between the MFAA and the chief executive, subject to any determination under the Remuneration Tribunal Act 1995.
	(3)	However, the MFAA may enter into an agreement mentioned in subsection (2) only after consultation between the Minister and the MFAA board.
	(4)	Despite any agreement or determination under subsection (2), the authority may end the appointment of the fire brigade chief executive without compensation if the chief executive contravenes section 50 (2) or division 5.3 (Standards of conduct).
49	First fire brigade chief executive
	(1)	The first fire brigade chief executive is the person who, immediately before the day this section commenced, was the fire controller under the Fire Brigade (Administration) Act 1974.
	(2)	The terms and conditions on which the first fire brigade chief executive holds office are those which applied to his or her appointment as fire controller, subject to any more favourable terms and conditions agreed between the chief executive and the MFAA, or that apply under any determination under the Remuneration Tribunal Act 1995.
	(3)	Despite any agreement or determination under subsection (2), the authority may end the appointment of the first fire brigade chief executive without compensation if the chief executive contravenes section 50 (2) or division 5.3 (Standards of conduct).
	(4)	This section expires 5 years after the day it commences.
	(5)	This section is a law to which the Legislation Act, section 88 (Repeal does not end the effect of transitional laws etc) applies.
50	Functions of fire brigade chief executive
	(1)	The fire brigade chief executive has the following functions:
	(a)	to lead the ACT firefighting capacity in built-up areas;
	(b)	to manage the fire brigade’s affairs on a day-to-day basis on behalf of the MFAA board;
	(c)	to advise the MFAA board on all aspects of planning and operations in relation to countering the fire threat in built-up areas;
	(d)	to train members of the fire brigade to meet the challenges presented by the fire threat in built-up areas;
	(e)	to train those members, and staff of the MFAA, to national standards and best practices, as determined by the board;
	(f)	any other function given to the fire brigade chief executive by the board.
	(2)	In performing these functions, the chief executive must act in accordance with any policies decided, and directions given, by the board.
Division 4.4	Ambulance service chief executive
51	Appointment of ambulance service chief executive
	(1)	The MFAA must appoint a person to be a chief executive of the ambulance service (the ambulance service chief executive), after consulting the Minister.
Note	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.
	(2)	An ambulance service chief executive’s conditions of appointment are the conditions agreed between the MFAA and the chief executive, subject to any determination under the Remuneration Tribunal Act 1995.
	(3)	However, the MFAA may enter into an agreement mentioned in subsection (2) only after consultation between the Minister and the MFAA board.
	(4)	Despite any agreement or determination under subsection (2), the authority may end the appointment of the ambulance service chief executive without compensation if the chief executive contravenes section 53 (2) or division 5.3 (Standards of conduct).
52	First ambulance service chief executive
	(1)	The first ambulance service chief executive is the person who, immediately before the day this section commenced, was the chief officer of the ambulance service under the Emergency Management Act 1999, division 6.2.
	(2)	The terms and conditions on which the first ambulance service chief executive holds office are those which applied to his or her appointment as chief officer, subject to any more favourable terms and conditions agreed between the chief executive and the MFAA, or that apply under any determination under the Remuneration Tribunal Act 1995.
	(3)	Despite any agreement or determination under subsection (2), the authority may end the appointment of the first ambulance service chief executive without compensation if the chief executive contravenes section 53 (2) or division 5.3 (Standards of conduct).
	(4)	This section expires 5 years after the day it commences.
	(5)	This section is a law to which the Legislation Act, section 88 (Repeal does not end the effect of transitional laws etc) applies.
53	Functions of ambulance service chief executive
	(1)	The ambulance service chief executive has the following functions:
	(a)	to lead the provision of ambulance services in the ACT;
	(b)	to manage the ambulance service’s affairs on a day-to-day basis on behalf of the MFAA board;
	(c)	to advise the MFAA board on all aspects of planning and operations in relation to the functions of the ambulance service;
	(d)	to train members of the ambulance service to meet the challenges presented by the requirements for ambulance services in the ACT;
	(e)	to train those members, and staff of the MFAA, to national standards and best practices, as determined by the board;
	(f)	any other function given to the ambulance service chief executive by the board.
	(2)	In performing these functions, the chief executive must act in accordance with any policies decided, and directions given, by the board.
Division 4.5	MFAA staff and consultants
54	MFAA staff
The staff of the MFAA are employed under the Public Sector Management Act 1994.
Note	The Public Sector Management Act 1994, s 24 provides that the chief executive officer of an instrumentality has all the powers of a chief executive under the Act in relation to staff members who are public servants.  Under that Act, s 3, def chief executive officer, the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs.
55	MFAA consultants
	(1)	The MFAA may engage consultants.
	(2)	However, the MFAA must not enter into a contract of employment under this section.
Division 4.6	Metropolitan Fire and Ambulance Advisory Council
56	Establishment of MFAAC
	(1)	The Metropolitan Fire and Ambulance Advisory Council (MFAAC) is established.
	(2)	The MFAAC consists of members appointed by the Minister on the recommendation of the MFAA, for periods, and on other conditions, stated in the instruments of appointment (subject to this Act).
	(3)	In making a decision about appointing a person as a member of the MFAAC, the Minister must consider the experience and expertise of the person in relation to the provision of ambulance services.
	(4)	The procedure at meetings of the MFAAC must be determined by the MFAAC.
57	MFAAC functions
	(1)	The function of the MFAAC is to provide advice to the Minister and the board about issues affecting the functions of the fire brigade and the ambulance service.
	(2)	The MFAAC must provide advice as required by the Minister or the board, and may provide advice on its own initiative.
	(3)	In carrying out its function, the MFAAC may consult with members of the public and with other entities interested in issues affecting the functions of the fire brigade and the ambulance service.
58	Assistance by MFAA chief executives
The MFAA chief executives must give the MFAAC any assistance in carrying out its functions that is reasonably practical, in consultation with the MFAAC.
59	MFAAC members’ expenses
	(1)	The MFAA must reimburse a member of the MFAAC for expenses reasonably incurred by the member for attending a meeting of the MFAAC.
	(2)	A member of the MFAAC is not otherwise entitled to be paid for functions performed in connection with the work of the MFAAC.

Part 5	Emergency authorities—general
Division 5.1	Interpretation
60	Meaning of emergency authority
In this Act:
emergency authority means the bushfire authority, the ESA or the MFAA.
Division 5.2	Accountability
61	Requests for information
	(1)	An emergency authority must provide the Legislative Assembly with all the information the Legislative Assembly requests in relation to the authority or its functions.
	(2)	The authority must provide the Minister with all the information the Minister requests in relation to the authority or its functions.
62	Notice of significant events
An emergency authority must, as soon as practicable, tell the Minister of any significant event that affects, or seems likely to affect, the performance of a significant function of the authority.
63	Ministerial directions
	(1)	The Minister may give written directions to an emergency authority in relation to the exercise of its functions.
	(2)	Before giving a direction the Minister must—
	(a)	tell the authority the effect of the proposed direction; and
	(b)	give the authority a reasonable opportunity to comment on the proposed direction; and
	(c)	consider any comments made by the authority.
	(3)	On receiving a direction, the authority must comply with it.
	(4)	If the Legislative Assembly is sitting when the Minister gives the direction to the authority—
	(a)	the Minister must, within 7 days after giving the direction, give a copy of the direction to the Speaker; and
	(b)	the Speaker must present the copy of the direction to the Legislative Assembly on the next sitting day.
	(5)	If the Legislative Assembly is not sitting when the Minister gives a direction—
	(a)	the Minister must, within 7 days after giving the direction, give a copy of the direction to the Speaker, together with a copy for each member of the Legislative Assembly; and
	(b)	the copy of the direction is taken for all purposes to have been presented to the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and
	(c)	publication of the direction is taken to have been ordered by the Legislative Assembly on the report day; and
	(d)	the Speaker must arrange for a copy of the direction to be given to each member of the Legislative Assembly on the report day; and
	(e)	the Speaker may give directions for the printing and circulation, and in relation to the publication, of the direction; and
	(f)	despite paragraph (b), the Speaker must present the copy of the direction to the Legislative Assembly on the next sitting day.
	(6)	If subsection (4) (a) or (5) (a) is not complied with, the direction is taken to have been revoked 3 days after the direction was given to the authority.
	(7)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(8)	In this section:
Speaker means—
	(a)	the Speaker; or
	(b)	the Deputy Speaker; or
	(c)	the clerk of the Legislative Assembly.
64	Audits
	(1)	The auditor-general must conduct an audit of each emergency authority’s operational capability as at the end of each financial year.
	(2)	At the end of the financial year ending on 30 June 2005, and at the end of every second financial year after that, the audit must be conducted in partnership with a national auditing authority nominated by the Minister.
	(3)	The auditor-general must give a report of an audit to the Minister and a copy of the report to the board of the authority.
	(4)	If the Legislative Assembly is sitting when the Minister receives the report—
	(a)	the Minister must, within 7 days after receiving the audit report, give a copy of the report to the Speaker; and
	(b)	the Speaker must present the copy of the report to the Legislative Assembly on the next sitting day.
	(5)	If the Legislative Assembly is not sitting when the Minister receives the audit report—
	(a)	the Minister must, within 7 days after receiving the audit report, give a copy of the report to the Speaker, together with a copy for each member of the Legislative Assembly; and
	(b)	the copy of the report is taken for all purposes to have been presented to the Legislative Assembly on the day the Minister gives it to the Speaker (the report day); and
	(c)	publication of the report is taken to have been ordered by the Legislative Assembly on the report day; and
	(d)	the Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the report day; and
	(e)	the Speaker may give directions for the printing and circulation, and in relation to the publication, of the report; and
	(f)	despite paragraph (b), the Speaker must present the copy of the report to the Legislative Assembly on the next sitting day.
	(6)	A direction is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(7)	In this section:
Speaker means—
	(a)	the Speaker; or
	(b)	the Deputy Speaker; or
	(c)	the clerk of the Legislative Assembly.
Division 5.3	Standards of conduct
65	Meaning of relevant person for div 5.3
In this division:
relevant person means any of the following people:
	(a)	a director of the board of an emergency authority;
	(b)	a member of staff of an emergency authority;
	(c)	a person performing services for an emergency authority.
66	Improper use of position
A relevant person commits an offence if the person intentionally makes improper use of his or her position as a relevant person to gain, directly or indirectly, an advantage for himself or herself or anyone else or to cause detriment to the authority.
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
67	Improper use of information
A relevant person or former relevant person commits an offence if the person intentionally makes improper use of information acquired because of his or her position as a relevant person to gain, directly or indirectly, an advantage for himself or herself or anyone else or to cause detriment to the authority.
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
Division 5.4	General
68	Power to bind authority
Anything done on behalf of the authority by the board or a chief executive of an emergency authority is taken to have been done by the authority.
69	Annual report
A report or information prepared by an emergency authority for the Annual Reports (Government Agencies) Act 1995, section 8 must include, for the reporting period—
	(a)	a copy of any direction given by the Minister under this Act during the period; and
	(b)	a statement by the authority about action taken during the period to give effect to the direction, whether during that period or an earlier one.
70	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1	Appointments to emergency authority boards
    
(see ss 11 (2), 28 (2) and 45 (2))
1	Constitution of emergency authority board
	(1)	The Minister may appoint a person to be a director of an emergency authority board.
Note 1	For the making of appointments (including acting appointments), see Legislation Act, pt 19.3. 
Note 2	Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
	(2)	Before appointing a person to be a director, the Minister must consider the suitability of the person for appointment, having regard to the person’s experience, expertise and knowledge in relation to the functions of the authority.
	(3)	The number of directors must be between 4 and 6.
	(4)	A director holds office, subject to this Act—
	(a)	for the period stated in the instrument of appointment; and
	(b)	on the terms and conditions (if any) in relation to matters not provided for by this Act that are specified in the instrument of appointment.
	(6)	An appointment must not be for a term longer than 3 years.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
2	Remuneration and allowances of directors
A director is entitled to the remuneration, allowances and other entitlements—
	(a)	that are determined by the remuneration tribunal in relation to the director; or
	(b)	if there is no determination—that are determined by the Chief Minister in relation to a director by an interim determination under the Remuneration Tribunal Act 1995.
3	Ending of appointment of director
	(1)	The Minister must end the appointment of a director if the director—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
	(b)	is absent, except with the board’s leave, from 3 consecutive meetings of the board; or
	(c)	contravenes division 5.3 (Standards of conduct); or
	(d)	contravenes schedule 2, clause 5 (Disclosure of interests by directors) without reasonable excuse; or
	(e)	is sentenced, in Australia or elsewhere, to imprisonment for at least 1 year; or
	(f)	is convicted, in Australia or elsewhere, of an offence—
	(i)	punishable by imprisonment for 1 year or more; or
	(ii)	that involves fraud or arises out of the promotion, formation or management of a corporation.
Note	A director’s appointment also ends if the director resigns (see Legislation Act, s 210).
	(2)	The Minister may end the appointment of a director if the board tells the Minister in writing that it has resolved, by a majority of at least 2/3 of the directors, to recommend to the Minister that the director’s appointment be ended.
	(3)	The board may only pass a resolution mentioned in subclause (2) if—
	(a)	at least 21 days written notice of the intention to consider the proposed resolution has been given to the director concerned; and
	(b)	the director has been given a reasonable opportunity to make submissions and present documents to a meeting of the board; and
	(c)	the board has considered any submission or documents mentioned in paragraph (b) and the minutes of the board meeting include both of the following:
	(i)	a summary of the director’s arguments;
	(ii)	a copy of any documents presented by the director.

Schedule 2	Emergency authority board procedures
(see ss 13, 30 and 47)
1	Calling meetings of board
	(1)	The chairperson or, if the chairperson cannot do so, the deputy chairperson—
	(a)	may at any time call a meeting of the board; and
	(b)	must call a meeting of the board if asked by the Minister or if asked, in writing, by at least 2 directors.
	(2)	A person who calls a meeting of the board must give the other directors reasonable notice of the time and place of the meeting.
2	Who presides at board meetings?
	(1)	The chairperson must preside at all meetings of the board at which he or she is present.
	(2)	If the chairperson is not present at a meeting, the deputy chairperson must preside.
	(3)	If the chairperson and the deputy chairperson are both absent from a meeting, the directors present must elect a director to preside.
3	Procedure at board meetings
	(1)	Subject to any decision of the board, the procedures to be followed in connection with a meeting are as the presiding director decides.
	(2)	If all the directors agree, a meeting may be held by means of a method of communication, or a combination of methods of communication, that enables all participants to hear what another participant says without being in each other’s presence.
	(3)	A director who takes part in a meeting conducted under subclause (2) is taken, for all purposes, to be present at the meeting.
	(4)	Questions arising at a meeting may be decided by a majority of the votes of the directors present and voting.
	(5)	The presiding director has a deciding vote and, if the votes are equal, a casting vote.
	(6)	The board must keep minutes of its proceedings in writing or in such other form as the board decides.
4	Quorum
A majority of the directors is a quorum for a meeting.
5	Disclosure of interests by directors
	(1)	A director who has a relevant interest in a matter being considered, or about to be considered, by the board must, as soon as practicable after the relevant facts have come to the director’s knowledge, disclose the nature of the interest at a meeting of the board.
	(2)	The disclosure must be recorded in the minutes of the meeting.
	(3)	Unless the board otherwise decides, the director must not—
	(a)	be present during any deliberation of the board on the matter; or
	(b)	take part in a decision of the board on the matter.
	(4)	A director who makes a disclosure must not—
	(a)	be present during any deliberation of the board for considering whether to make a decision under subclause (3); or
	(b)	take part in the making of a decision under subclause (3).
	(5)	In this section:
relevant interest, in a matter, means—
	(a)	a direct or indirect financial interest in the matter; or
	(b)	a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the director’s functions in relation to the board’s consideration of the matter.
6	Reporting of disclosed interests to Minister
	(1)	Within 14 days after the day a disclosure of an interest is made under this schedule, clause 5 (1), the chairperson must report to the Minister in writing about—
	(a)	the nature of the interest disclosed; and
	(b)	any decision by the board under this schedule, clause 5 (2).
	(2)	Within 14 days after the day the Minister receives the statement, the Minister must give a copy of the statement to—
	(a)	a standing committee of the Legislative Assembly nominated by the Speaker of the Legislative Assembly for subclause (1); or
	(b)	if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for the scrutiny of public accounts.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ambulance service
·	corporation
·	document
·	entity
·	exercise
·	fire brigade
·	function
·	law, of the Territory
·	person
·	rural firefighting service
·	the Territory.
ambulance service chief executive—see section 51 (1).
BAC—see section 19 (1).
board means the board of management of an emergency authority.
built-up area—see the Bushfire Act 1936, section 2.
bushfire authority—see section 6 (1).
bushfire authority chief executive—see section 14 (1).
chairperson means the chairperson of a board.
deputy chairperson means the deputy chairperson of a board.
director means a director of a board.
emergency authority—see section 60.
ESA—see section 23 (1).
ESAC—see section 36 (1).
ESA chief executive—see section 31 (1).
fire brigade chief executive—see section 48 (1).
MFAA—see section 40 (1).
MFAAC—see section 56 (1).
relevant person, for division 5.3 (Standards of conduct)—see section 65.

© Australian Capital Territory 2003