Emergency Management Legislation Amendment Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—COUNTRY FIRE AUTHORITY ACT 1958 3 3 Amendment of section 28—Implementation of recommendation 54 3 4 Amendment of sections 97A and 97B 3 PART 3—EMERGENCY MANAGEMENT ACT 1986 4 Division 1—Implementation of recommendation 11 4 5 Amendment of section 4—Definitions 4 6 Sections 5, 6 and 7 substituted 4 5 Role of Minister 4 6 Responsibility of State Emergency Response Coordinator 4 7 Delegation by Minister 5 7 Amendment of references to Co-ordinator in Chief 5 8 Amendment of references to State Co-ordinator of DISPLAN and Deputy 6 Division 2—Other amendments and savings provision 6 9 References to DISPLAN 6 10 Amendment of section 4—Definition of emergency 8 11 Section 9A substituted—Change of names or titles 8 9A Change of names or titles 8 12 Amendment of section 16B 9 13 Amendment of section 16C 9 14 New section 16BA inserted—Control of response to fire other than a major fire 10 16BA Control of response to fire other than a major fire 10 -- 1 of 21 -- Section Page ii Authorised by the Chief Parliamentary Counsel 15 Amendment of section 21A—Audit of municipal emergency management plans 12 16 Amendment of section 39—Regulations 12 PART 4—FIRE SERVICES COMMISSIONER ACT 2010 13 17 Amendment of section 3—Definitions 13 18 Amendment of section 10—Functions and powers of the Fire Services Commissioner 13 19 Amendment of references 13 PART 5—VICTORIA STATE EMERGENCY SERVICE ACT 2005 14 20 Amendment of section 3—Definitions 14 21 Amendment of section 23—Power of delegation 14 22 References to Director of Operations 14 23 Amendment of section 31—Power of delegation 15 24 Amendment of section 32—Powers and duties of Chief Officer, Operations 15 25 New section 32A inserted—Standing Orders 15 32A Standing Orders 15 26 Amendment of section 34—Registered units 15 27 Amendment of section 39—Discharge by registered unit of function under state emergency response plan 16 28 New section 58 inserted—Change of title 16 58 Change of title 16 PART 6—MISCELLANEOUS 17 29 Non-Emergency Patient Transport Act 2003 17 30 Public Administration Act 2004 17 31 Public Health and Wellbeing Act 2008 17 32 Terrorism (Community Protection) Act 2003 17 33 Repeal of amending Act 18 ═══════════════ ENDNOTES 19 -- 2 of 21 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Emergency Management Legislation Amendment Act 2011 † No. 56 of 2011 [Assented to 2 November 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to— (a) amend the Country Fire Authority Act 1958 and the Emergency Management Act 1986 to implement recommendations of the Victorian Bushfires Royal Commission; Victoria -- 3 of 21 -- Part 1—Preliminary Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 2 Authorised by the Chief Parliamentary Counsel (b) amend the Emergency Management Act 1986, the Fire Services Commissioner Act 2010 and the Victoria State Emergency Service Act 2005 to improve the operation of those Acts; (c) consequentially amend certain other Acts. 2 Commencement (1) This Act (except section 3) comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 3 comes into operation on a day to be proclaimed. (3) If section 3 does not come into operation before 31 December 2012, it comes into operation on that day. __________________ s. 2 -- 4 of 21 -- Part 2—Country Fire Authority Act 1958 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 3 Authorised by the Chief Parliamentary Counsel PART 2—COUNTRY FIRE AUTHORITY ACT 1958 3 Amendment of section 28—Implementation of recommendation 54 In section 28(1) of the Country Fire Authority Act 1958, paragraphs (a) and (b) are repealed. 4 Amendment of sections 97A and 97B In sections 97A and 97B(1) of the Country Fire Authority Act 1958 for "Co-ordinator in Chief of Emergency Management" substitute "Minister". __________________ See: Act No. 6228. Reprint No. 13 as at 6 May 2010 and amending Act Nos 6/2010, 29/2010, 54/2010, 64/2010, 73/2010, 78/2010, 10/2011 and 29/2011. LawToday: www. legislation. vic.gov.au s. 3 -- 5 of 21 -- Part 3—Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 4 Authorised by the Chief Parliamentary Counsel PART 3—EMERGENCY MANAGEMENT ACT 1986 Division 1—Implementation of recommendation 11 5 Amendment of section 4—Definitions In section 4(1) of the Emergency Management Act 1986— (a) the definitions of Co-ordinator in Chief and Deputy Co-ordinator in Chief are repealed; (b) for the definition of State Co-ordinator substitute— "State Emergency Response Coordinator means the State Emergency Response Coordinator referred to in section 11;". 6 Sections 5, 6 and 7 substituted For sections 5, 6 and 7 of the Emergency Management Act 1986 substitute— "5 Role of Minister (1) The role of the Minister is to ensure that satisfactory emergency management arrangements are in place to facilitate the prevention of, response to and recovery from emergencies. (2) The Minister is not responsible for operational matters in relation to emergency management. 6 Responsibility of State Emergency Response Coordinator The State Emergency Response Coordinator is responsible for ensuring that the Minister is provided with timely and up to date information in relation to— See: Act No. 30/1986 Reprint No. 4 as at 1 May 2008 and amending Act Nos 73/2009, 6/2010, 9/2010 and 73/2010. LawToday: www. legislation. vic.gov.au s. 5 -- 6 of 21 -- Part 3—Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 5 Authorised by the Chief Parliamentary Counsel (a) the actual or imminent occurrence of events which may lead to emergencies; (b) the response to emergencies. 7 Delegation by Minister The Minister may by instrument delegate to the State Emergency Response Coordinator or any other person any power or function of the Minister under this Act or the regulations other than this power of delegation.". 7 Amendment of references to Co-ordinator in Chief (1) In sections 8, 9, 10, 17, 17A, 17B, 19(1), 21(5), 21A(1), 23(1), 24, 38 and 39(d) of the Emergency Management Act 1986 for "Co-ordinator in Chief" (wherever occurring) substitute "Minister". (2) Insert the following heading to section 9 of the Emergency Management Act 1986— "Committees established by Minister". (3) Insert the following heading to section 10 of the Emergency Management Act 1986— "Minister to prepare state emergency response plan". (4) Insert the following heading to section 17A of the Emergency Management Act 1986— "Minister to prepare state emergency recovery plan". (5) Insert the following heading to section 24 of the Emergency Management Act 1986— "Powers and duties of Minister". s. 7 -- 7 of 21 -- Part 3—Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 6 Authorised by the Chief Parliamentary Counsel 8 Amendment of references to State Co-ordinator of DISPLAN and Deputy (1) Insert the following heading to section 11 of the Emergency Management Act 1986— "State Emergency Response Coordinator and Deputy". (2) In section 11(1) of the Emergency Management Act 1986 for "State Co-ordinator of DISPLAN" substitute "State Emergency Response Coordinator". (3) In sections 11(2), 12, 13, 14, 16B, 16C, 23(1), 36A, and 36B(4) of the Emergency Management Act 1986 for "State Co-ordinator" (wherever occurring) substitute "State Emergency Response Coordinator". (4) In sections 11(2) and 12 of the Emergency Management Act 1986 for "Deputy State Co- ordinator of DISPLAN" substitute "Deputy State Emergency Response Coordinator". (5) Insert the following heading to section 12 of the Emergency Management Act 1986— "Delegation by State Emergency Response Coordinator". Division 2—Other amendments and savings provision 9 References to DISPLAN (1) In section 4(1) of the Emergency Management Act 1986— (a) the definition of DISPLAN is repealed; (b) in the definitions of emergency activity and volunteer emergency worker for "DISPLAN" substitute "the state emergency response plan"; s. 8 -- 8 of 21 -- Part 3—Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 7 Authorised by the Chief Parliamentary Counsel (c) insert the following definitions— "state emergency recovery plan means the plan referred to in section 17A; state emergency response plan means the plan referred to in section 10;". (2) In the heading to Part 3 of the Emergency Management Act 1986 for "DISPLAN" substitute "STATE EMERGENCY RESPONSE PLAN". (3) In section 10(1) of the Emergency Management Act 1986 omit ", to be called DISPLAN,". (4) In sections 10(2), 11(1), 17 and 39(b) of the Emergency Management Act 1986 for "DISPLAN" (wherever occurring) substitute "the state emergency response plan". (5) Insert the following heading to section 13 of the Emergency Management Act 1986— "Regional and municipal district emergency response Coordinators". (6) In section 13(1) of the Emergency Management Act 1986 for "a Co-ordinator of DISPLAN" substitute "an emergency response Coordinator". (7) Insert the following heading to section 14 of the Emergency Management Act 1986— "Emergency response Committees". (8) Insert the following heading to section 15 of the Emergency Management Act 1986— "State emergency response plan". (9) In section 15 of the Emergency Management Act 1986 for "DISPLAN" substitute "The state emergency response plan". s. 9 -- 9 of 21 -- Part 3—Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 8 Authorised by the Chief Parliamentary Counsel (10) In section 21A(2) of the Emergency Management Act 1986 for "DISPLAN" substitute "emergency response". 10 Amendment of section 4—Definition of emergency In section 4(1) of the Emergency Management Act 1986, in the definition of emergency— (a) in paragraph (e) after "epidemic" insert "or contamination"; (b) in paragraph (f) after "act" insert "or act of terrorism". 11 Section 9A substituted—Change of names or titles For section 9A of the Emergency Management Act 1986 substitute— "9A Change of names or titles Despite the changes of names or titles made by the Emergency Management Legislation Amendment Act 2011— (a) the Minister is to be taken to be the same person as the Co-ordinator in Chief of Emergency Management; (b) the State Emergency Response Coordinator is to be taken to be the same person as the State Co-ordinator of DISPLAN; (c) the Deputy State Emergency Response Coordinator is to be taken to be the same person as the Deputy State Co- ordinator of DISPLAN; (d) an emergency response Coordinator is to be taken to be the same person as a Co-ordinator of DISPLAN; s. 10 -- 10 of 21 -- Part 3—Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 9 Authorised by the Chief Parliamentary Counsel (e) the state emergency response plan is to be taken to be the same plan as DISPLAN— and no act, matter or thing is in any way abated or affected by that change.". 12 Amendment of section 16B (1) In the heading to section 16B of the Emergency Management Act 1986 omit "major fire". (2) In section 16B(d) of the Emergency Management Act 1986 for "section 16A(4)." substitute "section 16A(4);". (3) After section 16B(d) of the Emergency Management Act 1986 insert— "(e) a chief officer or other officer appointed under section 16BA(3) or (4) to exercise his or her power under section 16BA(5); (f) the officer in charge of an agency having overall control of response activities in relation to an emergency, or an officer in charge of another agency to which control of any response activity is transferred under section 16C(2A), to exercise his or her power under section 16C(2B).". 13 Amendment of section 16C (1) After section 16C(2) of the Emergency Management Act 1986 insert— "(2A) The officer in charge of an agency having overall control of response activities in relation to an emergency may, with the consent of the officer in charge of another agency, transfer control of any response activity in relation to that emergency to any officer of that other agency. s. 12 -- 11 of 21 -- Part 3—Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 10 Authorised by the Chief Parliamentary Counsel (2B) The officer in charge of an agency having overall control of response activities in relation to an emergency or an officer in charge of another agency to which control of any response activity is transferred under subsection (2A) may— (a) appoint one or more controllers or assistant controllers for the emergency; or (b) transfer control of any response activity to one or more other persons. (2C) An appointment of an officer under subsection (2A) or (2B)(a) has effect for the period specified in the instrument of appointment. (2D) The officer in charge of another agency to which control of any response activity is transferred under subsection (2A) or an officer appointed under subsection (2B)(a) may exercise the powers of the chief operational officer of the agency having overall control of response activities in relation to the emergency.". (2) In section 16C(3) of the Emergency Management Act 1986 for "or 16A" substitute ", 16A or 16BA". 14 New section 16BA inserted—Control of response to fire other than a major fire After section 16B of the Emergency Management Act 1986 insert— "16BA Control of response to fire other than a major fire (1) In this section fire means a fire other than a major fire. s. 14 -- 12 of 21 -- Part 3—Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 11 Authorised by the Chief Parliamentary Counsel (2) This section applies if there is a fire which is burning, or a fire may occur or which has occurred, in any area of the State. (3) The chief officers of the fire services agencies may, by agreement, appoint the chief officer or another officer of one of the agencies to have the overall control of response activities in relation to the fire. (4) In the absence of an agreement under subsection (3), the State Emergency Response Coordinator may direct a chief officer to appoint a chief officer or another officer of one of the agencies to have the overall control of response activities in relation to the fire. (5) A chief officer or other officer appointed under subsection (3) or (4) may— (a) appoint one or more assistant controllers for the fire; or (b) transfer control of any response activity to one or more other persons. (6) An appointment of an officer under subsection (4) or (5)(a) has effect for the period specified in the instrument of appointment. (7) Any officer appointed under subsection (4) or (5)(a) may exercise the powers and authorities conferred by the Country Fire Authority Act 1958 on the Chief Officer of the Country Fire Authority in relation to the control of response activities in relation to the fire in relation to which he or she has overall control. s. 14 -- 13 of 21 -- Part 3—Emergency Management Act 1986 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 12 Authorised by the Chief Parliamentary Counsel (8) The provisions of this section prevail over sections 33(2) and 93B(1) of the Country Fire Authority Act 1958 and section 55E of the Metropolitan Fire Brigades Act 1958.". 15 Amendment of section 21A—Audit of municipal emergency management plans In section 21A of the Emergency Management Act 1986 for "Director" (wherever occurring) substitute "Chief Officer, Operations". 16 Amendment of section 39—Regulations In section 39(b) of the Emergency Management Act 1986 before ";" insert "or the state emergency recovery plan". __________________ s. 15 -- 14 of 21 -- Part 4—Fire Services Commissioner Act 2010 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 13 Authorised by the Chief Parliamentary Counsel PART 4—FIRE SERVICES COMMISSIONER ACT 2010 17 Amendment of section 3—Definitions In section 3 of the Fire Services Commissioner Act 2010— (a) the definition of emergency service agency is repealed; (b) for the definition of State Co-ordinator and the note to that definition substitute— "State Emergency Response Coordinator has the same meaning as it has in the Emergency Management Act 1986; Note Under section 11 of the Emergency Management Act 1986 the State Emergency Response Coordinator is the Chief Commissioner of Police.". 18 Amendment of section 10—Functions and powers of the Fire Services Commissioner For section 10(1)(h) of the Fire Services Commissioner Act 2010 substitute— "(h) to manage the State's primary control centre for the response to emergencies (including major fires) on behalf of, and in collaboration with, all agencies that may use the primary control centre in response to emergencies;". 19 Amendment of references In sections 15(c), 18(4)(a)(iii), 22(c) and 25(2) of the Fire Services Commissioner Act 2010 for "State Co-ordinator" substitute "State Emergency Response Coordinator". __________________ See: Act No. 73/2010. LawToday: www. legislation. vic.gov.au s. 17 -- 15 of 21 -- Part 5—Victoria State Emergency Service Act 2005 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 14 Authorised by the Chief Parliamentary Counsel PART 5—VICTORIA STATE EMERGENCY SERVICE ACT 2005 20 Amendment of section 3—Definitions In section 3 of the Victoria State Emergency Service Act 2005— (a) after the definition of Chief Executive Officer insert— "Chief Officer, Operations means the Chief Officer, Operations appointed under section 29;"; (b) the definitions of Director of Operations and DISPLAN are repealed; (c) in the definition of emergency operations for "DISPLAN" substitute "the state emergency response plan"; (d) after the definition of State emergency recovery plan insert— "state emergency response plan means the plan referred to in section 10 of the Emergency Management Act 1986;". 21 Amendment of section 23—Power of delegation In section 23 of the Victoria State Emergency Service Act 2005 for "or any employee or class of employees of the Authority" substitute ", a Service member or class of Service members or any person by name or to the holder of an office or position approved by the Authority". 22 References to Director of Operations In sections 28(2)(a), 29, 31, 32, 33, 34, 35, 36, 37, 38, and 39 of the Victoria State Emergency Service Act 2005 for "Director of Operations" (wherever occurring) substitute "Chief Officer, Operations". See: Act No. 51/2005. Reprint No. 1 as at 23 October 2008 and amending Act No 9/2010. LawToday: www. legislation. vic.gov.au s. 20 -- 16 of 21 -- Part 5—Victoria State Emergency Service Act 2005 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 15 Authorised by the Chief Parliamentary Counsel 23 Amendment of section 31—Power of delegation In section 31 of the Victoria State Emergency Service Act 2005 for "any employee in the Service" substitute "a Service member or class of Service members or any person by name or to the holder of an office or position approved by the Authority". 24 Amendment of section 32—Powers and duties of Chief Officer, Operations In section 32(c) of the Victoria State Emergency Service Act 2005 after "units" insert ", Service members and any persons who voluntarily place their services at the disposal of the Chief Officer, Operations, either individually or as members of any agency". 25 New section 32A inserted—Standing Orders After section 32 of the Victoria State Emergency Service Act 2005 insert— "32A Standing Orders (1) The Authority may issue Standing Orders for or with respect to any operational or administrative matters. (2) A Service member must comply with any Standing Orders issued under subsection (1).". 26 Amendment of section 34—Registered units (1) In section 34 of the Victoria State Emergency Service Act 2005 for "Director of Operations" (wherever occurring) substitute "Authority". (2) In section 34(3) of the Victoria State Emergency Service Act 2005 omit ", after consultation with a DISPLAN co-ordinator appointed under section 13 of the Emergency Management Act 1986,". s. 23 -- 17 of 21 -- Part 5—Victoria State Emergency Service Act 2005 Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 16 Authorised by the Chief Parliamentary Counsel (3) In section 34(4) of the Victoria State Emergency Service Act 2005 omit "with the approval of the Authority". 27 Amendment of section 39—Discharge by registered unit of function under state emergency response plan (1) For the heading to section 39 of the Victoria State Emergency Service Act 2005 substitute— "Discharge by registered unit of function under state emergency response plan". (2) In section 39 of the Victoria State Emergency Service Act 2005 for "DISPLAN" substitute "the state emergency response plan". 28 New section 58 inserted—Change of title After section 57 of the Victoria State Emergency Service Act 2005 insert— "58 Change of title Despite the change of title made by section 22 of the Emergency Management Legislation Amendment Act 2011 the Chief Officer, Operations is to be taken to be the same person as the Director of Operations and no act, matter or thing is in any way abated or affected by that change.". __________________ s. 27 -- 18 of 21 -- Part 6—Miscellaneous Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 17 Authorised by the Chief Parliamentary Counsel PART 6—MISCELLANEOUS 29 Non-Emergency Patient Transport Act 2003 (1) In section 3 of the Non-Emergency Patient Transport Act 2003, the definition of Co-ordinator in Chief is repealed. (2) In section 4(1)(c)(ii) of the Non-Emergency Patient Transport Act 2003 for "Co-ordinator in Chief" substitute "Minister under the Emergency Management Act 1986". 30 Public Administration Act 2004 In section 105A(3) of the Public Administration Act 2004 for "Co-ordinator in Chief and the State Co-ordinator" substitute "Minister and the State Emergency Response Coordinator". 31 Public Health and Wellbeing Act 2008 In sections 198(1) and 198(3) of the Public Health and Wellbeing Act 2008 for "Co-ordinator in Chief and the State Co-ordinator" substitute "Minister and the State Emergency Response Coordinator". 32 Terrorism (Community Protection) Act 2003 (1) In section 15 of the Terrorism (Community Protection) Act 2003, the definition of DISPLAN is repealed. (2) In section 19(1)(b) of the Terrorism (Community Protection) Act 2003 for "DISPLAN" substitute "the state emergency response plan under the Emergency Management Act 1986". (3) In the note to section 19(1)(b) of the Terrorism (Community Protection) Act 2003 for "DISPLAN" substitute "the state emergency response plan". s. 29 -- 19 of 21 -- Part 6—Miscellaneous Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 18 Authorised by the Chief Parliamentary Counsel 33 Repeal of amending Act This Act is repealed on 31 December 2013. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 33 -- 20 of 21 -- Emergency Management Legislation Amendment Act 2011 No. 56 of 2011 19 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 September 2011 Legislative Council: 13 October 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Country Fire Authority Act 1958, the Emergency Management Act 1986, the Fire Services Commissioner Act 2010 and the Victoria State Emergency Service Act 2005, to consequentially amend certain other Acts and for other purposes." Endnotes -- 21 of 21 --