Bushfires Royal Commission Implementation Monitor Act 2011
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Bushfires Royal Commission Implementation
Monitor Act 2011
No. 6 of 2011
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
PART 2—THE BUSHFIRES ROYAL COMMISSION
IMPLEMENTATION MONITOR 6
Division 1—Appointment, functions and general powers 6
4 Establishment 6
5 Appointment 6
6 Remuneration and allowances 6
7 Terms and conditions 6
8 Acting appointment 7
9 Vacancy, resignation 8
10 Suspension and removal from office 8
11 Independence of Implementation Monitor 9
12 Functions, powers and duties of the Implementation Monitor 10
13 Ministerial request for advice on any issue relating to the
Interim Reports or the Final Report 12
14 Determination of agency 13
15 Secretary may provide assistance 13
Division 2—Information gathering 13
16 Power to require information to be given 13
17 Power of entry and inspection 14
18 Constraints on access to information not to apply 15
19 Duty to cooperate 16
Division 3—Reporting 16
20 Reports made by Implementation Monitor under this Act 16
21 Publication of reports 17
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PART 3—IMPLEMENTATION PLAN 20
22 Minister to prepare Implementation Plan 20
23 Implementation Plan to be tabled and published 21
PART 4—GENERAL 22
24 Regulations 22
25 Sunset provision 22
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ENDNOTES 23
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Bushfires Royal Commission
Implementation Monitor Act 2011 †
No. 6 of 2011
[Assented to 12 April 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to establish the position of the Bushfires
Royal Commission Implementation Monitor;
and
(b) to provide for the functions, powers and
duties of the Bushfires Royal Commission
Implementation Monitor; and
Victoria
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Authorised by the Chief Parliamentary Counsel
(c) to provide for the preparation of an
Implementation Plan in response to the
Bushfires Royal Commission.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision referred to in subsection (1) does
not come into operation before 1 May 2011, it
comes into operation on that day.
3 Definitions
In this Act—
agency means—
(a) a Department (within the meaning of
the Public Administration Act 2004);
or
(b) a government agency; or
(c) a state employee or officer who is an
individual in the service of the Crown
in the right of the State of Victoria on
whom any function, power, duty or
responsibility is conferred by or under
any Act; or
(d) an entity or body specified by the
Governor in Council under
section 14—
that is specified in the Implementation Plan
as an agency required to carry out an
implementation action;
agency Head means—
(a) in relation to an agency that is a
Department—a Department Head
(within the meaning of the Public
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Administration Act 2004) of that
Department; or
(b) in relation to an agency that is a
government agency—a person
employed as Head of that government
agency (however described); or
(c) in relation to an agency that is an entity
or body specified by the Governor in
Council under section 14—a person
employed as Chief Executive Officer of
that entity or body (however
described);
BRCIM Final Report means the Bushfires Royal
Commission Implementation Monitor Final
Report prepared by the Implementation
Monitor under section 20(1)(b);
BRCIM Progress Report means the Bushfires
Royal Commission Implementation Monitor
Progress Report prepared by the
Implementation Monitor under
section 20(1)(a);
BRCIM Report means—
(a) the BRCIM Progress Report; and
(b) the BRCIM Final Report;
Bushfires Royal Commission means the inquiry
conducted by the Commissioners;
Commissioners means the Commissioners
appointed under section 88B of the
Constitution Act 1975 by the Letters Patent
dated 16 February 2009, a copy of which
was published in the Government Gazette on
that date;
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Council has the same meaning as it has in
section 3(1) of the Local Government Act
1989;
Delivery Report means the report of 31 March
2010 that is document identity number
WIT.3031.001.0004 that forms part of
exhibit 840 submitted to the Bushfires Royal
Commission and published on the Internet;
Final Report means the report of 31 July 2010
presented to the Governor by the
Commissioners;
government agency means any body corporate or
unincorporate constituted by or under an Act
for a public purpose, other than a Council;
implementation action means a response of the
Government specified in the Implementation
Plan as to how each of the following will be
implemented or given effect to—
(a) each recommendation made by the
Commissioners in the Final Report and
specified in the Implementation Plan;
(b) a suggestion or proposal made by the
Commissioners in the Final Report and
specified in the Implementation Plan;
(c) any recommendation made by the
Commissioners in the Interim Reports
that has not been fully carried out and
that is specified in the Implementation
Plan;
Implementation Monitor means the Bushfires
Royal Commission Implementation Monitor
appointed under section 5;
Implementation Plan means the Implementation
Plan prepared by the Minister under Part 3;
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Interim Reports means the reports of 17 August
2009 and 24 November 2009 presented to
the Governor by the Commissioners;
Secretary means the Secretary to the Department
of Justice.
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PART 2—THE BUSHFIRES ROYAL COMMISSION
IMPLEMENTATION MONITOR
Division 1—Appointment, functions and general powers
4 Establishment
There is to be a Bushfires Royal Commission
Implementation Monitor.
5 Appointment
(1) Subject to subsection (2), the Governor in Council
may appoint a person as Bushfires Royal
Commission Implementation Monitor.
(2) A person is not eligible for appointment unless the
Governor in Council is satisfied that the person
has—
(a) relevant senior executive management
experience, particularly in an operational
environment; and
(b) a significant understanding of complex
multi-agency environments; and
(c) a record of producing evidence-based reports
to a Government.
6 Remuneration and allowances
(1) The Implementation Monitor is entitled to be paid
the remuneration and allowances that are
determined by the Governor in Council.
(2) The remuneration of the Implementation Monitor
cannot be reduced during his or her term of office
unless he or she consents to the reduction.
7 Terms and conditions
(1) The Implementation Monitor—
(a) holds office for a period specified in his or
her instrument of appointment that ends on
30 September 2012; and
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(b) holds office on the terms and conditions
determined by the Governor in Council.
(2) The Implementation Monitor may be appointed on
a full-time or part-time basis.
8 Acting appointment
(1) The Governor in Council may, having regard to
the eligibility criteria under section 5(2)—
(a) appoint a person to act as the Implementation
Monitor if—
(i) the office of the Implementation
Monitor is vacant; or
(ii) during any period the Implementation
Monitor is absent; or
(iii) the Implementation Monitor is for any
other reason unable to perform the
duties of the office; or
(b) if the Implementation Monitor is, for any
reason, unable to perform a particular
function or duty on a particular occasion or
in relation to a particular matter—appoint a
person to perform that function or duty on
that occasion or in relation to that matter.
Note
See section 20(2) for the reporting requirements of a person
appointed under section 8(1)(b).
(2) The Implementation Monitor may, in consultation
with the Minister, appoint a person the
Implementation Monitor considers suitable to act
as Implementation Monitor if, for a period not
exceeding one month, the Implementation
Monitor—
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(a) is absent; or
(b) is, for any reason, unable to perform the
duties of the office.
Note
Section 41AA of the Interpretation of Legislation Act
1984 provides for the powers in relation to an acting
appointment.
9 Vacancy, resignation
The Implementation Monitor ceases to hold office
if he or she—
(a) resigns by notice in writing delivered to the
Governor in Council; or
(b) becomes an insolvent under administration;
or
(c) is convicted of an indictable offence or an
offence that, if committed in Victoria, would
be an indictable offence; or
(d) nominates for election for the Parliament of
Victoria or of the Commonwealth or of
another State or a Territory of the
Commonwealth; or
(e) is suspended or removed from office under
section 10.
10 Suspension and removal from office
(1) The Governor in Council may suspend the
Implementation Monitor from office on any of the
following grounds—
(a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of the office;
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(d) any other ground on which the Governor in
Council is satisfied that the Implementation
Monitor is unfit to hold office.
(2) The Minister must cause to be laid before each
House of Parliament a full statement of the
grounds of suspension within 7 sitting days of that
House after the suspension.
(3) The Implementation Monitor must be removed
from office by the Governor in Council if each
House of Parliament, within 20 sitting days after
the day when the statement is laid before it,
declares by resolution that the Implementation
Monitor ought to be removed from office.
(4) The Governor in Council must remove the
suspension and restore the Implementation
Monitor to office unless each House makes a
declaration of the kind specified in subsection (3)
within the time specified in that subsection.
(5) If the Implementation Monitor is suspended from
office under subsection (1), he or she is taken not
to be the Implementation Monitor during the
period of suspension.
11 Independence of Implementation Monitor
(1) Subject to this Act and other laws of the State, the
Implementation Monitor has complete discretion
in the performance or exercise of his or her
functions, powers or duties.
(2) In particular, and without limiting subsection (1),
the Implementation Monitor is not subject to the
direction or control of the Minister in respect of
the performance or exercise of the Implementation
Monitor's functions, powers or duties.
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12 Functions, powers and duties of the Implementation
Monitor
(1) The Implementation Monitor has the following
functions—
(a) to monitor and review the progress of an
agency in carrying out an implementation
action including by assessing—
(i) the progress of the agency in the
completion of an implementation
action;
(ii) the effectiveness of the method used by
the agency in carrying out an
implementation action;
(iii) the efficacy of an implementation
action implemented or effected.
(b) to monitor and assess ongoing efforts to
improve the interaction between agencies
and Councils for the purposes of planning
and preparing for bushfires;
(c) any other function conferred on the
Implementation Monitor by or under this or
any other Act;
(d) to produce written reports on the findings
and conclusions of the Implementation
Monitor following the performance of his or
her functions.
Note
See section 20.
(2) The Implementation Monitor has all the powers
necessary to perform his or her functions.
(3) The Implementation Monitor must, in performing
his or her functions—
(a) have regard to the Final Report and the
Delivery Report;
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(b) if the Implementation Monitor considers it
necessary—engage in activities with, or
require demonstrations of systems by, or
obtain documents from any agency as
required to produce an accurate assessment
of how an implementation action is being
carried out or has been carried out;
(c) establish appropriate consultation
arrangements with any agency Head, or if an
agency is a state employee or officer, that
state employee or officer and any advisory
body to Government that the Implementation
Monitor considers has an interest in the
carrying out of an implementation action
to—
(i) facilitate the effective monitoring and
review of progress in the carrying out
of an implementation action; and
(ii) obtain the information necessary to
perform adequately the monitoring and
assessment function of the
Implementation Monitor;
(d) provide advice to the Secretary, and to any
advisory body to Government that the
Implementation Monitor considers has an
interest in the carrying out of an
implementation action, on—
(i) the compliance by an agency with
timelines for completion of an
implementation action;
(ii) any non-compliance by an agency with
respect to the completion of an
implementation action;
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(iii) any corrective action by an agency the
Implementation Monitor considers
necessary to address a concern of the
Implementation Monitor in relation to
the carrying out of an implementation
action;
(iv) any method developed by an agency in
carrying out an implementation action
that illustrates best practice;
(e) provide advice, at the earliest reasonable
opportunity, of any concern the
Implementation Monitor has identified in the
carrying out of an implementation action,
and any recommendation the Implementation
Monitor considers necessary to overcome the
concern, to the following—
(i) an agency Head;
(ii) if an agency is a state employee or
officer—that state employee or officer;
(iii) if the Implementation Monitor
considers an advisory body to
Government has an interest in the
carrying out of an implementation
action—that advisory body.
13 Ministerial request for advice on any issue relating
to the Interim Reports or the Final Report
(1) The Minister may request the Implementation
Monitor to provide written or oral advice on any
issue relating to an implementation action carried
out in response to the Interim Reports or the Final
Report.
(2) The Implementation Monitor must comply with a
request under subsection (1).
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14 Determination of agency
(1) The Governor in Council may, by written
determination published in the Government
Gazette, specify a body or entity to be an agency.
(2) The Governor in Council must not make a
determination under subsection (1) unless the
Governor in Council is satisfied that the Minister
has—
(a) obtained the consent of the body or entity to
be specified; and
(b) consulted the Implementation Monitor.
15 Secretary may provide assistance
The Implementation Monitor may request the
Secretary to provide any assistance that the
Implementation Monitor reasonably considers
appropriate to perform his or her functions under
this Act, including the provision of staff and
facilities.
Division 2—Information gathering
16 Power to require information to be given
(1) For the purposes of carrying out functions or
powers under this Act the Implementation
Monitor may, by written notice, require any
agency to give to the Implementation Monitor any
information that the Implementation Monitor
reasonably believes is necessary to perform his or
her functions.
(2) Within 7 days after receiving a notice under
subsection (1), the agency must give the
information to the Implementation Monitor,
unless—
(a) the Implementation Monitor has agreed to
allow an extension of time for the giving of
the information; or
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(b) the Implementation Monitor has agreed that
the agency is not able to give the
information.
(3) If the Implementation Monitor reasonably
believes that it is urgent that information (that he
or she has required to be given under a notice
under subsection (1)) be given within a lesser time
than that specified in subsection (2), the
Implementation Monitor may specify a lesser
period for the giving of the information and the
information must be given within the period so
specified.
17 Power of entry and inspection
(1) The Implementation Monitor or a person
authorised by the Implementation Monitor may, if
the Implementation Monitor considers it necessary
for the purposes of performing the functions of the
Implementation Monitor—
(a) enter any place of an agency and inspect that
place and any document, thing or activity in
that place that the Implementation Monitor
reasonably considers to be relevant; and
(b) make a copy of any relevant document, or
any document that the Implementation
Monitor reasonably considers to be relevant.
(2) The Implementation Monitor may, if he or she
considers it necessary for the purposes of
performing the functions of the Implementation
Monitor, require any agency—
(a) to allow the Implementation Monitor, or any
persons authorised by the Implementation
Monitor, to observe the operation of a
system, procedure or thing;
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(b) to demonstrate the operation of a system,
procedure or other thing to the
Implementation Monitor, or any persons
authorised by the Implementation Monitor.
18 Constraints on access to information not to apply
(1) An obligation to maintain secrecy or any other
restriction on the disclosure of information
obtained by or furnished to persons employed in
the public service or by an agency, imposed by or
under an Act or rule of law, does not apply—
(a) to the disclosure of information required by
the Implementation Monitor under
section 16; or
(b) to information obtained by the
Implementation Monitor under section 17.
(2) The Implementation Monitor or any other person
must not divulge or communicate, except to
another person performing duties under this Act,
any information which has come to the knowledge
of the Implementation Monitor by reason, directly
or indirectly, of subsection (1) if the person who
had possession of that information could not, but
for that subsection, lawfully have divulged that
information to the Implementation Monitor or the
other person.
(3) Despite subsection (2) or any other law to the
contrary, the Implementation Monitor may
include in a report any information which has
come to his or her knowledge in the course of
performing functions under this or any other Act
if the Implementation Monitor considers that—
(a) the information is relevant to the subject
matter of the report; and
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(b) the inclusion of the information in the report
is in the public interest.
(4) For the purposes of subsection (3)(b), in
considering whether to include in a report any
information which has come to the knowledge of
the Implementation Monitor in the course of
performing his or her functions under this or any
other Act, the Implementation Monitor must
consult the Minister responsible for the agency
from which the information was obtained under
section 16 or 17.
(5) For the purposes of subsection (3)(b) it is not in
the public interest to include information that
directly or indirectly discloses a deliberation or a
decision of Cabinet unless the disclosure is of a
decision of Cabinet that has been officially
published.
19 Duty to cooperate
An agency Head or, if an agency is a state
employee or officer, that state employee or
officer, must comply with any reasonable request
made by the Implementation Monitor, or any
person assisting the Implementation Monitor, that
has been made for the purposes of performing the
functions of the Implementation Monitor.
Division 3—Reporting
20 Reports made by Implementation Monitor under
this Act
(1) The Implementation Monitor must produce 2
reports, published in accordance with section 21,
by the following dates—
(a) 31 July 2011;
(b) 31 July 2012.
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(2) If a person has been appointed under
section 8(1)(b) to perform a particular function or
duty of the Implementation Monitor, a report
produced under subsection (1) must—
(a) specify the particular function or duty carried
out by the appointed person; and
(b) specify the sections of the report written by
the appointed person.
21 Publication of reports
(1) The Implementation Monitor must—
(a) give a copy of each BRCIM Report to the
clerk of each House of the Parliament; and
(b) give a copy of each BRCIM Report to the
Secretary.
(2) The clerk of each House of the Parliament must
cause each BRCIM Report to be laid before the
House on the day on which it is received or on the
next sitting day of the House.
(3) If the Implementation Monitor proposes to give a
copy of each BRCIM Report to Parliament when
Parliament is in recess, the Implementation
Monitor must—
(a) give one business day's notice of his or her
intention to do so to the clerk of each House
of the Parliament; and
(b) give each BRCIM Report to the clerk of each
House on the day indicated in the notice; and
(c) give a copy of each BRCIM Report to the
Secretary; and
(d) cause each BRCIM Report to be published
by the Government Printer.
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(4) The clerk of each House must—
(a) notify each member of the House of the
receipt of a notice under subsection (3)(a) on
the same day that the clerk receives that
notice; and
(b) give a copy of each BRCIM Report to each
member of the House as soon as practicable
after each BRCIM Report is received under
subsection (3)(b); and
(c) cause each BRCIM Report to be laid before
the House on the next sitting day of the
House.
(5) Each BRCIM Report that is given to the clerks
under subsection (3)(b) is taken to have been
published by order, or under the authority, of the
Houses of the Parliament.
(6) The Secretary must publish each BRCIM Report
on an appropriate Internet site as soon as
practicable after—
(a) each BRCIM Report has been laid before
each House of the Parliament under
subsection (2); or
(b) each BRCIM Report has been given to the
clerk of each House of the Parliament by
the Implementation Monitor under
subsection (3)(b).
(7) The publication under this section of each BRCIM
Report is absolutely privileged and the provisions
of sections 73 and 74 of the Constitution Act
1975 and of any other enactment or rule of law
relating to the publication of the proceedings of
the Parliament apply to and in relation to the
publication of that report as if it were a report to
which those sections applied and had been
published by the Government Printer under the
authority of the Parliament.
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(8) For the purposes of this section, Parliament is in
recess when each House stands adjourned to a
date to be fixed by the presiding officer of that
House.
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PART 3—IMPLEMENTATION PLAN
22 Minister to prepare Implementation Plan
(1) The Minister must prepare an Implementation
Plan that specifies—
(a) each recommendation in the Final Report;
(b) each recommendation in the Interim Reports
in respect of which any implementation
action has not been completed;
(c) any suggestion or proposal in the Final
Report that is to be implemented or given
effect to by the Government.
(2) An Implementation Plan prepared under
subsection (1) must specify the implementation
action—
(a) in respect of each recommendation in the
Final Report that—
(i) has been completed;
(ii) has not been fully completed;
(iii) is to be completed;
(b) in respect of any recommendation in the
Interim Reports that has not been completed;
(c) in respect of any suggestion or proposal
made by the Commissioners in the Final
Report that the Government has
implemented or given effect to, or will
implement and give effect to, despite no
specific recommendation being made in
respect of that suggestion or proposal.
(3) The specification of an implementation action
under subsection (2) must also—
(a) specify the agency that has had, has or will
have responsibility for the carrying out of the
action; and
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(b) if an agency collaborated, is collaborating or
will collaborate, with other agencies in order
to carry out the action—specify those
agencies; and
(c) describe what the action has delivered or is
expected to deliver; and
(d) if the action has not been completed—
include a timetable for carrying out the
action; and
(e) if during preparation of the Implementation
Plan, the action was already in the process of
being carried out—include the status of the
carrying out of the action.
23 Implementation Plan to be tabled and published
(1) The Minister must cause a copy of the
Implementation Plan made under this Part to be
tabled in each House of the Parliament by 31 May
2011.
(2) After the Implementation Plan has been tabled
under subsection (1), the Secretary must arrange
for the Implementation Plan to be published on an
appropriate Internet site.
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PART 4—GENERAL
24 Regulations
The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
25 Sunset provision
This Act is repealed on 30 September 2012.
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 10 February 2011
Legislative Council: 24 March 2011
The long title for the Bill for this Act was "A Bill for an Act to establish
the statutory position of the Bushfires Royal Commission Implementation
Monitor, to provide for the preparation of an Implementation Plan and for
other purposes."
Endnotes
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