Fire Services Commissioner Act 2010

i Fire Services Commissioner Act 2010 No. 73 of 2010 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 3 Definitions 2 PART 2—THE FIRE SERVICES COMMISSIONER 4 Division 1—Appointment, functions and general powers 4 4 Establishment 4 5 Appointment 4 6 Remuneration and allowances 4 7 Terms and conditions 4 8 Vacancy, resignation 5 9 Suspension and removal from office 5 10 Functions and powers of the Fire Services Commissioner 6 11 Delegation 7 Division 2—Fire services reform action plans 8 12 Fire services reform action plan 8 13 Fire services reform action plan must contain a work program for each fire services agency 9 14 Fire Services Commissioner must have regard to certain matters in developing fire services reform action plans 10 15 Fire Services Commissioner must consult in developing fire services reform action plan 10 16 Submission of fire services reform action plan to Minister for approval 10 17 Approved fire services reform action plan to be given to agencies and published on Internet 11 18 Rolling reviews of, and reports on giving effect to, fire services reform action plans 11 -- 1 of 48 -- Section Page ii Division 3—Performance standards for fire agencies 13 19 Fire Services Commissioner to develop performance standards for fire services agencies 13 20 Fire Services Commissioner must give performance standards to certain persons 14 Division 4—Incident management operating procedures 15 21 Incident management operating procedures 15 22 Fire Services Commissioner must give incident management operating procedures to certain persons 16 23 Publication of incident management operating procedures on Internet 16 Division 5—Community warnings about fires 16 24 Fire Services Commissioner must warn community about fires 16 25 Fire Services Commissioner may issue guidelines, procedures and protocols in relation to duty to warn the community 17 26 Delegation of duty to warn the community 17 PART 3—GENERAL 19 27 Information gathering for purpose of developing or reviewing plans, standards or procedures 19 28 Constraints on access to information not to apply 20 29 Ministerial request for advice or report on any issue relating to fire management 20 30 Validity of acts and decisions 21 31 Annual reports 21 32 Minister to lay annual reports before each House of the Parliament 22 33 Immunity 22 34 Regulations 22 PART 4—AMENDMENT OF EMERGENCY SERVICES RELATED LEGISLATION 23 Division 1—Emergency Management Act 1986 23 35 Definitions 23 36 Sections 16 and 16A substituted and new sections 16B and 16C inserted 24 16 Control of response to major fires 24 16A What if Fire Services Commissioner is unavailable to perform function of overall control of major fire 25 16B State Co-ordinator may advise or direct Fire Services Commissioner and chief fire officers to exercise major fire control powers 27 16C Control of emergency responses other than fire 27 -- 2 of 48 -- Section Page iii 37 Functions and powers of the Emergency Services Commissioner 28 38 Emergency Services Commissioner standards 28 39 Emergency Services Commissioner to monitor standards 28 40 Power to require information to be given 29 Division 2—Country Fire Authority Act 1958 29 41 Definitions 29 42 Compliance with performance standards developed by the Fire Services Commissioner 30 43 Section 6C substituted and new sections 6D and 6E inserted 30 6C Report on compliance with performance standards developed by the Fire Services Commissioner 30 6D Fire services reform action plan 31 6E Compliance with incident management operating procedures 31 44 Section 50B substituted 31 50B Duty to warn the community 31 45 Repeal of section 50C 32 46 Repeal of section 50D 32 47 Disclosure of information by Authority 32 Division 3—Forests Act 1958 33 48 Definitions 33 49 New section 29 inserted 33 29 Power to authorise Chief Fire Officer to perform fire related activities 33 50 New sections 61A to 61E inserted 34 61A Chief Fire Officer 34 61B Functions of Chief Fire Officer 34 61C Immunity 34 61D Compliance with performance standards developed by the Fire Services Commissioner 35 61E Fire services reform action plan 35 61F Compliance with incident management operating procedures 36 51 Declaration of protected public lands 36 52 New section 62AA inserted 37 62AA Duty to warn the community 37 Division 4—Metropolitan Fire Brigades Act 1958 38 53 Definitions 38 54 Functions of Board 38 55 New sections 7A and 7B inserted 39 7A Fire services reform action plan 39 7B Compliance with incident management operating procedures 39 -- 3 of 48 -- Section Page iv 56 New section 32AA inserted 40 32AA Duty to warn the community 40 57 Disclosure of information by Board 40 58 Statute law revision 40 Division 5—Justice Legislation Further Amendment Act 2010 41 59 Repeal of redundant amendment 41 Division 6—Repeal of amending Part 41 60 Repeal 41 ═══════════════ ENDNOTES 42 INDEX 43 -- 4 of 48 -- 1 Fire Services Commissioner Act 2010 † No. 73 of 2010 [Assented to 19 October 2010] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purposes of this Act are— (a) to establish the position of Fire Services Commissioner and provide for the functions and powers of the Fire Services Commissioner; and Victoria -- 5 of 48 -- Part 1—Preliminary Fire Services Commissioner Act 2010 No. 73 of 2010 2 (b) to amend the Forests Act 1958 to make the position of chief fire officer in the Department of Sustainability and Environment a statutory position; and (c) to make related amendments to the Emergency Management Act 1986, the Country Fire Authority Act 1958, the Forests Act 1958 and the Metropolitan Fire Brigades Act 1958. 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 December 2010, it comes into operation on that day. 3 Definitions In this Act— emergency service agency has the same meaning as in the Emergency Management Act 1986; Emergency Services Commissioner means the Commissioner within the meaning of the Emergency Management Act 1986; fire services agency means any of the following— (a) the Country Fire Authority established under the Country Fire Authority Act 1958; (b) the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958; (c) the Secretary to the Department of Sustainability and Environment when performing functions or duties or s. 2 -- 6 of 48 -- Part 1—Preliminary Fire Services Commissioner Act 2010 No. 73 of 2010 3 exercising powers under section 62 of the Forests Act 1958; fire services reform action plan means a plan developed under section 12; incident management operating procedures means operating procedures developed under section 21; major fire means a large or complex fire (however caused) which— (a) has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or (b) has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or (c) requires the involvement of 2 or more fire services agencies to suppress the fire; or (d) will, if not suppressed, burn for more than one day; State Co-ordinator has the same meaning as in the Emergency Management Act 1986; Note The State Co-ordinator is the Chief Commissioner of Police: see section 11 of the Emergency Management Act 1986. work program means a program included in a fire services reform action plan in accordance with section 13. __________________ s. 3 -- 7 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 4 PART 2—THE FIRE SERVICES COMMISSIONER Division 1—Appointment, functions and general powers 4 Establishment There is to be a Fire Services Commissioner. 5 Appointment (1) Subject to subsection (2), the Governor in Council may appoint a person as Fire Services Commissioner. (2) A person is not eligible for appointment unless the Governor in Council is satisfied that the person has appropriate management, professional, technical and operational expertise to control response activities in relation to major fires. 6 Remuneration and allowances (1) The Fire Services Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council. (2) The remuneration of the Fire Services Commissioner cannot be reduced during his or her term of office unless he or she consents to the reduction. 7 Terms and conditions (1) The Fire Services Commissioner— (a) holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and (b) is eligible for re-appointment; and (c) holds office on the terms and conditions determined by the Governor in Council. s. 4 -- 8 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 5 (2) The Fire Services Commissioner must be appointed on a full-time basis. 8 Vacancy, resignation The Fire Services Commissioner 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 9. 9 Suspension and removal from office (1) The Governor in Council may suspend the Fire Services Commissioner from office on any of the following grounds— (a) misconduct; (b) neglect of duty; (c) inability to perform the duties of the office; (d) any other ground on which the Governor in Council is satisfied that the Fire Services Commissioner 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. s. 8 -- 9 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 6 (3) The Fire Services Commissioner 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 Fire Services Commissioner ought to be removed from office. (4) The Governor in Council must remove the suspension and restore the Fire Services Commissioner 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 Fire Services Commissioner is suspended from office under subsection (1), he or she is deemed not to be the Fire Services Commissioner during the period of suspension. 10 Functions and powers of the Fire Services Commissioner (1) The Fire Services Commissioner has the following functions— (a) to work with the fire service agencies to enhance their individual and collective capacity to prepare for the response to days on which it is forecast there is a high risk of major fires occurring; (b) to develop and maintain standards for the performance of functions by the Country Fire Authority and the Metropolitan Fire and Emergencies Services Board; (c) to develop and maintain standards for the performance of fire suppression functions by the Secretary to the Department of Sustainability and Environment; (d) to develop and maintain incident management operating procedures; s. 10 -- 10 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 7 (e) to have overall control of the response to major fires; Note See section 16 of the Emergency Management Act 1986. (f) to promote and lead a program of reform to improve the operational capability of fire service agencies; (g) to encourage and oversee the management of joint initiatives of the fire services agencies as part of the program of reform referred to in paragraph (f); (h) to manage the State's primary control centre for the response to major fires on behalf of, and in collaboration with, all emergency service agencies; (i) to advise, make recommendations and report to the Minister on any issue in relation to fire management; (j) any other function conferred on the Fire Services Commissioner by or under this or any other Act. (2) The Fire Services Commissioner has all the powers necessary to perform his or her functions. (3) The Fire Services Commissioner must, in performing his or her functions, have regard to the importance volunteers of the Country Fire Authority have with respect to Victoria's fire- fighting management and capacity. 11 Delegation The Fire Services Commissioner, by instrument, may delegate any function or power conferred, or duty imposed, on the Fire Services Commissioner by or under this Act (other than this power of delegation) or any other Act to any person. s. 11 -- 11 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 8 Division 2—Fire services reform action plans 12 Fire services reform action plan (1) The Fire Services Commissioner must develop a plan (a fire services reform action plan) for the purpose of— (a) enhancing the operational capacity and capability of fire services agencies; and (b) improving the capacity of fire services agencies to operate together in planning and preparing for the response to, and in responding to, major fires. (2) Subject to section 18, a fire services reform action plan developed under subsection (1) has effect— (a) if the Minister approves the plan under section 16 before the end of the financial year in which the Minister receives the plan for approval under that section— (i) on and after 1 July in the following financial year (the commencement day); and (ii) until the day that is the day before the third anniversary of the commencement day or until the day a subsequent fire services reform action plan developed under subsection (1) approved by the Minister under section 16 takes effect, whichever is the later; or (b) if the Minister approves the plan under section 16 in the financial year after the financial year in which the Minister receives the plan for approval under that section— (i) on and after the day the Minister approves the plan; and s. 12 -- 12 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 9 (ii) until the day that is the day before the third anniversary of the commencement of the financial year in which the Minister approves the plan or until the day a subsequent fire services reform action plan developed under subsection (1) approved by the Minister under section 16 takes effect, whichever is the later. 13 Fire services reform action plan must contain a work program for each fire services agency (1) A fire services reform action plan must include a program (a work program) for each fire services agency that is to be implemented by each agency for the purpose of giving effect to the fire services reform action plan. (2) A work program must include— (a) things to be done, projects to be undertaken or measures to be met, by the fire services agency to enhance the operational capacity and capability of the fire services agency; and (b) things to be done, projects to be undertaken or measures to be met, to improve the capacity of the fire services agency to operate together with other fire services agencies in planning and preparing for the response to, and in responding to, major fires. (3) A work program may specify the date by when, or period of time within which, a thing, project, or measure referred to in subsection (2) is be done, undertaken or met. s. 13 -- 13 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 10 14 Fire Services Commissioner must have regard to certain matters in developing fire services reform action plans In developing a fire services reform action plan, the Fire Services Commissioner must have regard to— (a) the resources each of the fire services agencies has available to allocate to implement the work program that will apply to each of the fire services agencies; and (b) any duty or other requirement imposed on the fire services agencies by, or under a, law. 15 Fire Services Commissioner must consult in developing fire services reform action plan In developing a fire services reform action plan, the Fire Services Commissioner must consult with— (a) the fire services agencies; and (b) the Emergency Services Commissioner; and (c) the State Co-ordinator; and (d) any other emergency service agency to the extent the Fire Services Commissioner considers necessary. 16 Submission of fire services reform action plan to Minister for approval (1) Before 31 May in the financial year preceding the first financial year in which a fire services reform action plan is to have effect, the Fire Services Commissioner must submit the plan to the Minister for approval. (2) On receiving a fire services reform action plan under subsection (1), the Minister must as soon as practicable make a decision whether to approve the plan. s. 14 -- 14 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 11 (3) The Minister, for the purpose of giving his or her approval, may direct the Fire Services Commissioner, in writing, to make a variation to the fire services reform action plan. (4) The Minister must not give a direction under subsection (3) without first having consulted the Fire Services Commissioner about the direction. 17 Approved fire services reform action plan to be given to agencies and published on Internet On the approval of a fire services reform action plan under section 16, the Fire Services Commissioner must— (a) give a copy of the plan to every fire services agency; and (b) publish the plan on the Fire Services Commissioner's Internet site. 18 Rolling reviews of, and reports on giving effect to, fire services reform action plans (1) The Fire Services Commissioner must review a fire services reform action plan (including the work programs) and report on that review to the Minister before 31 May of every financial year in which the plan has effect. (2) A report under subsection (1) must— (a) specify the progress, if any, made by each fire services agency in implementing the work program that applies to it in the period of the financial year up to the date of the report; and (b) in relation to those parts of the work programs directed at improving the capacity of the fire services agency to operate together with other fire services agencies in planning and preparing for the response to, and in responding to, major fires—specify s. 17 -- 15 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 12 the progress, if any, made by all of the fire services agencies in implementing those parts of the work programs. (3) If, following the review, the Fire Services Commissioner considers that the plan should be revised, a report under subsection (1) must be accompanied by a copy of the revised fire services reform action plan. (4) In conducting a review under subsection (1), the Fire Services Commissioner must— (a) consult with— (i) the fire services agencies; and (ii) the Emergency Services Commissioner; and (iii) the State Co-ordinator; and (b) have regard to— (i) the resources each of the fire services agencies have available to allocate to implement the work program that applies to them; and (ii) any duty or other requirement imposed on the fire services agencies by, or under a, law. (5) On receiving a revised fire services reform action plan under this section, the Minister must use his or her best endeavours to approve the revised plan before the commencement of the next financial year in which the fire services reform action plan to which the revised plan relates will have effect. (6) If the Minister makes no decision as to whether to approve the revised fire services reform action plan before 30 June in the financial year in which the relevant review was conducted, the revised plan is taken to be approved on that date. s. 18 -- 16 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 13 (7) A revised fire services reform action plan approved under this section supersedes the fire services reform action plan to which it relates and has effect— (a) for the remainder of the period the superseded fire services reform action plan would have had effect if it were not superseded; or (b) until it is superseded by another revised fire services reform action plan under this section. (8) If the Minister decides not to approve a revised fire services reform action plan before 30 June in the financial year in which the relevant report was conducted, the fire services reform action plan to which the revised plan relates continues to have effect. (9) The Minister, for the purpose of giving his or her approval, may direct the Fire Services Commissioner, in writing, to make a variation to the revised fire services reform action plan. (10) The Minister must not give a direction under subsection (9) without first having consulted the Fire Services Commissioner about the direction. Division 3—Performance standards for fire agencies 19 Fire Services Commissioner to develop performance standards for fire services agencies (1) The Fire Services Commissioner must develop, and review from time to time, standards in relation to— (a) the performance by the Country Fire Authority and the Metropolitan Fire and Emergencies Services Board of their functions; s. 19 -- 17 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 14 (b) the performance by the Secretary to the Department of Sustainability and Environment of the Secretary's fire suppression functions. (2) The Fire Services Commissioner must consult with the fire services agencies and the Emergency Services Commissioner in developing, or reviewing, the standards. (3) A fire services agency must co-operate with the Fire Services Commissioner in any consultation under subsection (2). (4) The Fire Services Commissioner must— (a) develop or review a standard in a manner that is reasonable; and (b) in developing, or reviewing, a standard, have regard to the resources available to a fire services agency in the performance of any functions to which the standard relates. 20 Fire Services Commissioner must give performance standards to certain persons The Fire Services Commissioner must— (a) give the performance standards developed under section 19 for a fire services agency to that agency and to the Emergency Services Commissioner; and (b) publish the performance standards on the Fire Services Commissioner's Internet site. s. 20 -- 18 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 15 Division 4—Incident management operating procedures 21 Incident management operating procedures (1) The Fire Services Commissioner must develop, and review from time to time, operating procedures for the planning and preparation for the response to and responding to, major fires, including— (a) training, development and accreditation of incident management personnel; and (b) incident management facilities; and (c) incident management systems; and (d) the management of the State's primary control centre for the response to major fires. (2) In developing, or reviewing, incident management operating procedures, the Fire Services Commissioner must— (a) consult with the fire services agencies; and (b) have regard to any procedures of a similar kind that a fire services agency has in place for the planning and preparation of the response to and responding to, major fires (including any joint procedures with other fire services agencies). (3) A fire services agency must co-operate with the Fire Services Commissioner in any consultation under subsection (2)(a). (4) The Fire Services Commissioner must develop or review incident management operating procedures in a manner that is reasonable. (5) If incident management operating procedures developed under this section are inconsistent with procedures of a similar kind that a fire services agency has in place for the planning and s. 21 -- 19 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 16 preparation of the response to and responding to, major fires (including any joint procedures with other fire services agencies), the incident management operating procedures prevail to the extent of the inconsistency. 22 Fire Services Commissioner must give incident management operating procedures to certain persons The Fire Services Commissioner must give incident management operating procedures developed under section 21 to— (a) every fire services agency; and (b) the Emergency Services Commissioner; and (c) the State Co-ordinator. 23 Publication of incident management operating procedures on Internet The Fire Services Commissioner must publish incident management operating procedures developed under section 21 on the Fire Services Commissioner's Internet site unless the Fire Services Commissioner considers that it is not in the public interest to do so. Division 5—Community warnings about fires 24 Fire Services Commissioner must warn community about fires (1) The Fire Services Commissioner must issue warnings and provide information to the community in relation to fires in Victoria for the purposes of protecting life and property. (2) In complying with subsection (1), the Fire Services Commissioner must have regard to any guidelines, procedures and operating protocols issued under section 25. s. 22 -- 20 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 17 25 Fire Services Commissioner may issue guidelines, procedures and protocols in relation to duty to warn the community (1) The Fire Services Commissioner may issue guidelines, procedures or operating protocols for the purposes of section 24. (2) Before issuing any guidelines, procedures or protocols referred to in subsection (1), the Fire Services Commissioner must consult with the fire services agencies, the State Co-ordinator and the Emergency Services Commissioner. 26 Delegation of duty to warn the community (1) Without limiting section 11, the Fire Services Commissioner, by instrument, may delegate his or her duty under section 24 to— (a) the Chief Officer of the Metropolitan Fire and Emergency Services; (b) the Chief Officer of the Country Fire Authority; (c) the Secretary to the Department of Sustainability and Environment; (d) the Chief Fire Officer of the Department of Sustainability and Environment; (e) any other prescribed person. (2) A person to whom a duty is delegated under this section may, subject to any conditions to which the delegation is subject, by instrument, sub- delegate that duty— (a) in the case of the Chief Officer of the Metropolitan Fire and Emergency Services, to an employee of the Metropolitan Fire and Emergency Services Board or any other prescribed person; s. 25 -- 21 of 48 -- Part 2—The Fire Services Commissioner Fire Services Commissioner Act 2010 No. 73 of 2010 18 (b) in the case of the Chief Officer of the Country Fire Authority, to any person referred to in section 92(1)(b) to (e) of the Country Fire Authority Act 1958; (c) in the case of the Secretary to, or the Chief Fire Officer of, the Department of Sustainability and Environment, a person employed in the Department or any other prescribed person; (d) in the case of a person prescribed under subsection (1)(e), an employee of the prescribed person. (3) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation. __________________ s. 26 -- 22 of 48 -- Part 3—General Fire Services Commissioner Act 2010 No. 73 of 2010 19 PART 3—GENERAL 27 Information gathering for purpose of developing or reviewing plans, standards or procedures (1) The Fire Services Commissioner, by written notice, may require a fire services agency to give to the Fire Services Commissioner any information that the Fire Services Commissioner reasonably believes is necessary for the purposes of developing or reviewing— (a) a fire services reform action plan; (b) standards under section 19; (c) incident management operating procedures. (2) Within 28 days of receiving a notice under subsection (1), the fire services agency must give the information to the Fire Services Commissioner, unless— (a) the Fire Services Commissioner has agreed to allow an extension of time for the giving of the information; or (b) the Fire Services Commissioner has agreed that the fire services agency is not able to give the information. (3) If the Fire Services Commissioner reasonably believes that it is urgent that information (that he or she has required under a notice under subsection (1) to be given) be given within a lesser time than that specified in subsection (2), the Fire Services Commissioner may specify a lesser period for the giving of the information and the information must be given within the period so specified. s. 27 -- 23 of 48 -- Part 3—General Fire Services Commissioner Act 2010 No. 73 of 2010 20 (4) If the Fire Services Commissioner has agreed to allow an extension of time under subsection (2), the fire services agency must give the information to the Fire Services Commissioner within the time agreed on. 28 Constraints on access to information not to apply (1) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or furnished to persons employed in the public service or by a fire services agency, if imposed by or under an Act or rule of law, applies to the disclosure of information required by the Fire Services Commissioner under section 27. (2) The Fire Services Commissioner 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 Fire Services Commissioner by reason, directly or indirectly of subsection (1), if the person from whom that information was obtained could not, but for that subsection, lawfully have divulged that information to the Fire Services Commissioner or other person. 29 Ministerial request for advice or report on any issue relating to fire management (1) The Minister may request the Fire Services Commissioner to advise or report on any issue relating to fire management. (2) The Fire Services Commissioner must comply with the request. s. 28 -- 24 of 48 -- Part 3—General Fire Services Commissioner Act 2010 No. 73 of 2010 21 30 Validity of acts and decisions An act or decision of the Fire Services Commissioner is not invalid— (a) only because of a defect or irregularity in, or in connection with, the appointment of the Fire Services Commissioner; or (b) on the ground that the occasion for the Fire Services Commissioner to act had not arisen or had ceased. 31 Annual reports (1) The Fire Services Commissioner must, before 30 September every year, give the Minister a report on— (a) the performance of the Commissioner's functions, and the exercise of the Commissioner's powers; and (b) progress by fire services agencies on the implementation by them of the work program that applies to them to give effect to the fire services reform action plan— during the financial year ending on the immediately preceding 30 June. (2) A report under subsection (1) must also include a summary of all the reports provided to the Fire Services Commissioner by the Emergency Services Commissioner in accordance with section 21E of the Emergency Management Act 1986 during the the financial year ending on the immediately preceding 30 June. s. 30 -- 25 of 48 -- Part 3—General Fire Services Commissioner Act 2010 No. 73 of 2010 22 32 Minister to lay annual reports before each House of the Parliament On receiving a report under section 31, the Minister must cause the report to be laid before each House of the Parliament within 4 months after the end of the financial year to which the report relates or on the first sitting day of the House after the end of that period. 33 Immunity (1) The Fire Services Commissioner is not personally liable for any thing done or omitted to be done in good faith— (a) in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to the Fire Services Commissioner attaches to the Crown. 34 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. __________________ s. 32 -- 26 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 23 PART 4—AMENDMENT OF EMERGENCY SERVICES RELATED LEGISLATION Division 1—Emergency Management Act 1986 35 Definitions In section 4(1) of the Emergency Management Act 1986 insert the following definitions— "chief officer in relation to a fire services agency— (a) means the Chief Fire Officer of the Department of Sustainability and Environment, the Chief Officer of the Country Fire Authority and the Chief Officer of the Metropolitan Fire and Emergency Services; and (b) includes any person nominated by a person referred to in paragraph (a) to exercise the powers of that person under section 16, 16A or 16B; fire services agency has the same meaning as in the Fire Services Commissioner Act 2010; Fire Services Commissioner means the person appointed under section 5 of the Fire Services Commissioner Act 2010; major fire has the same meaning as in the Fire Services Commissioner Act 2010;". s. 35 See: Act No. 30/1986. Reprint No. 4 as at 1 May 2008 and amending Act Nos 73/2009, 6/2010 and 9/2010. LawToday: www. legislation. vic.gov.au -- 27 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 24 36 Sections 16 and 16A substituted and new sections 16B and 16C inserted For sections 16 and 16A of the Emergency Management Act 1986 substitute— "16 Control of response to major fires (1) The Fire Services Commissioner has the overall control of response activities in relation to a major fire— (a) which is burning; or (b) which may occur; or (c) which has occurred— in any area of the State. (2) The Fire Services Commissioner may take overall control of response activities from any one or more of the fire services agencies in relation to a fire if the Fire Services Commissioner considers the fire has become, or reasonably believes has the potential to become, a major fire. (3) A chief officer of a fire services agency may transfer overall control of response activities in relation to a fire to the Fire Services Commissioner if the chief officer considers that the fire has become, or reasonably believes has the potential to become, a major fire. (4) The Fire Services Commissioner may appoint a chief officer or another officer of one of the fire services agencies to have the overall control of response activities referred to in subsection (1). (5) The Fire Services Commissioner, or a chief officer or any officer appointed under subsection (4), may— s. 36 -- 28 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 25 (a) appoint one or more assistant controllers for the major 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) The Fire Services Commissioner, or a chief officer or any officer appointed under subsection (4) or (5)(a), who has overall control of response activities in relation to a major fire in any place in Victoria 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 major fire in relation to which he or she has overall control. (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. 16A What if Fire Services Commissioner is unavailable to perform function of overall control of major fire (1) This section applies if— (a) there is a major fire which is burning, or a major fire may occur or which has occurred, in any area of the State; and (b) the Fire Services Commissioner is unavailable to perform a duty or exercise a function under section 16. s. 36 -- 29 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 26 (2) 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 major fire. (3) In the absence of an agreement under subsection (2), the State Co-ordinator 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 major fire. (4) A chief officer or other officer appointed under subsection (2) or (3) 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. (5) An appointment of an officer under subsection (2), (3) or (4)(a) has effect for the period specified in the instrument of appointment. (6) Any officer appointed under subsection (2), (3) or (4)(a) may, in the case of a major fire in any place in Victoria, 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 major fire in relation to which he or she has overall control. (7) 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. s. 36 -- 30 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 27 16B State Co-ordinator may advise or direct Fire Services Commissioner and chief fire officers to exercise major fire control powers The State Co-ordinator may advise, or if the State Co-ordinator considers it necessary, direct— (a) the Fire Services Commissioner to exercise his or her power under section 16(2) or (4); (b) a chief officer to exercise his or her power under section 16(3); (c) the Fire Services Commissioner, or a chief officer or other officer appointed under section 16(4), to exercise his or her power under section 16(5); (d) a chief officer or other officer appointed under subsection 16A(2) or (3) to exercise his or her power under section 16A(4). 16C Control of emergency responses other than fire (1) At the request of a State Co-ordinator or of their own volition, the officers in charge of agencies having roles or responsibilities in relation to emergency response or the senior officer of each such agency may determine the priority of the responsibilities of those agencies either during or in anticipation of an emergency. (2) In the absence of an agreement under subsection (1), the State Co-ordinator may determine the priority of the response roles of the agencies. s. 36 -- 31 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 28 (3) This section does not apply to an emergency to which section 16 or 16A applies.". 37 Functions and powers of the Emergency Services Commissioner (1) In section 21C(1)(a) of the Emergency Management Act 1986— (a) omit "and monitor"; (b) after "agencies" insert "(other than fire services agencies)". (2) After section 21C(1)(ab) of the Emergency Management Act 1986 insert— "(aba) to monitor the performance of emergency service agencies against standards prepared under section 21D; (abb) without limiting paragraph (aba), to monitor the performance of fire services agencies against performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010;". 38 Emergency Services Commissioner standards In section 21D(1) and (2) of the Emergency Management Act 1986, after "agencies" insert "(other than fire services agencies)". 39 Emergency Services Commissioner to monitor standards For section 21E(1) of the Emergency Management Act 1986 substitute— "(1) The Commissioner must arrange for the monitoring from time to time of— (a) the adoption and compliance with the standards prepared under section 21D by emergency service agencies; s. 37 -- 32 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 29 (b) the adoption of and compliance with, by fire services agencies, the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010. (1A) The Commissioner must, on a quarterly basis, provide the Fire Services Commissioner with a written report assessing the adoption of, and compliance with, the performance standards referred to in subsection (1)(b) by the fire service agencies.". 40 Power to require information to be given In section 21F(1)(a) and (b) of the Emergency Management Act 1986 after "emergencies" insert "prepared under section 21D". Division 2—Country Fire Authority Act 1958 41 Definitions In section 3(1) of the Country Fire Authority Act 1958 insert the following definitions— "applicable work program means a work program (within the meaning of the Fire Services Commissioner Act 2010) that applies to the Authority; Emergency Services Commissioner has the same meaning as Commissioner has in section 4(1) of the Emergency Management Act 1986; fire services agency has the same meaning as in the Fire Services Commissioner Act 2010; Fire Services Commissioner means the person appointed under section 5 of the Fire Services Commissioner Act 2010; s. 40 See: Act No. 6228. Reprint No. 13 as at 6 May 2010 and amending Act Nos 6/2010 and 29/2010. LawToday: www. legislation. vic.gov.au -- 33 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 30 fire services reform action plan has the same meaning as in the Fire Services Commissioner Act 2010; incident management operating procedures has the same meaning as in the Fire Services Commissioner Act 2010;". 42 Compliance with performance standards developed by the Fire Services Commissioner (1) Insert the following heading to section 6B of the Country Fire Authority Act 1958— "Compliance with standards of Fire Services Commissioner". (2) In section 6B of the Country Fire Authority Act 1958, for "standards prepared by the Emergency Services Commissioner under Part 4A of the Emergency Management Act 1986" substitute "performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010". 43 Section 6C substituted and new sections 6D and 6E inserted For section 6C of the Country Fire Authority Act 1958 substitute— "6C Report on compliance with performance standards developed by the Fire Services Commissioner (1) The Authority must, at the expiration of each period of 3 months, report in writing on the action it has taken during the preceding 3 months to comply with the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010. s. 42 -- 34 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 31 (2) A copy of the report prepared by the Authority under subsection (1) must be given to— (a) the Fire Services Commissioner; and (b) the Emergency Services Commissioner. 6D Fire services reform action plan (1) The Authority must use its best endeavours to implement the applicable work program to give effect to the fire services reform action plan. (2) The Authority must prepare a written report on the progress made, and achievements attained, by the Authority in its endeavours to give effect to the fire services reform action plan at intervals determined by the Fire Services Commissioner. The intervals must not be less than one a year. (3) The Authority must give a copy of a report prepared by the Authority under subsection (2) to the Fire Services Commissioner. 6E Compliance with incident management operating procedures The Authority must comply with any incident management operating procedures.". 44 Section 50B substituted For section 50B of the Country Fire Authority Act 1958 substitute— "50B Duty to warn the community (1) The Chief Officer must issue warnings and provide information in relation to fires in the country area of Victoria if— s. 44 -- 35 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 32 (a) the Fire Services Commissioner has delegated to the Chief Officer under section 26 of the Fire Services Commissioner Act 2010 his or her duty to issue warnings or provide information; (b) the Chief Officer considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property. (2) The Chief Officer must have regard to any guidelines, procedures or operating protocols issued by the Fire Services Commissioner under section 25 of the Fire Services Commissioner Act 2010 for the purposes of carrying out a duty under subsection (1).". 45 Repeal of section 50C Section 50C of the Country Fire Authority Act 1958 is repealed. 46 Repeal of section 50D Section 50D of the Country Fire Authority Act 1958 is repealed. 47 Disclosure of information by Authority In section 81A of the Country Fire Authority Act 1958, for "Emergency Services Commissioner" (wherever occurring) substitute "Fire Services Commissioner". s. 45 -- 36 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 33 Division 3—Forests Act 1958 48 Definitions In section 3(1) of the Forests Act 1958 insert the following definitions— "applicable work program means a work program (within the meaning of the Fire Services Commissioner Act 2010) that applies to the Secretary; Chief Fire Officer means the person employed under section 61A; fire services agency has the same meaning as in the Fire Services Commissioner Act 2010; Fire Services Commissioner means the person appointed under section 5 of the Fire Services Commissioner Act 2010; fire services reform action plan has the same meaning as in the Fire Services Commissioner Act 2010; incident management operating procedures has the same meaning as in the Fire Services Commissioner Act 2010;". 49 New section 29 inserted After section 28 of the Forests Act 1958 insert— "29 Power to authorise Chief Fire Officer to perform fire related activities The Secretary may, in writing, authorise the Chief Fire Officer to perform any functions of the Secretary in respect of fire related activities in every State forest, national park or on protected public land.". s. 48 See: Act No. 6254. Reprint No. 10 as at 8 July 2010 and amending Act No. 40/2009. LawToday: www. legislation. vic.gov.au -- 37 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 34 50 New sections 61A to 61E inserted Before section 62 of the Forests Act 1958 insert— "61A Chief Fire Officer There is to be a Chief Fire Officer of the Department of Sustainability and Environment employed under Part 3 of the Public Administration Act 2004. 61B Functions of Chief Fire Officer The Chief Fire Officer of the Department of Sustainability and Environment has the following functions— (a) to exercise any functions authorised by the Secretary in respect of fire related activities in every State forest, national park or on protected public land; (b) any other function conferred on the Chief Fire Officer by or under this or any other Act. 61C Immunity (1) The Chief Fire Officer of the Department of Sustainability and Environment is not personally liable for any thing done or omitted to be done in good faith— (a) in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act. s. 50 -- 38 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 35 (2) Any liability resulting from an act or omission that would but for subsection (1) attach to the Chief Fire Officer of the Department of Sustainability and Environment attaches to the Secretary. 61D Compliance with performance standards developed by the Fire Services Commissioner (1) The Secretary must use its best endeavours to carry out the functions of the Secretary in accordance with the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010. (2) The Secretary must, at the expiration of each period of 3 months, report in writing on the action it has taken during the preceding 3 months to comply with the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010. (3) The Secretary must give a copy of a report prepared by the Secretary under subsection (2) to— (a) the Fire Services Commissioner; and (b) the Emergency Services Commissioner. 61E Fire services reform action plan (1) The Secretary must use its best endeavours to implement the applicable work program to give effect to the fire services reform action plan. (2) The Secretary must prepare a written report on the progress made, and achievements attained, by the Secretary in the Secretary's endeavours to give effect to the fire services s. 50 -- 39 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 36 reform action plan at intervals determined by the Fire Services Commissioner. The intervals must not be less than one a year. (3) The Secretary must give the Fire Services Commissioner a copy of any report prepared under subsection (2). 61F Compliance with incident management operating procedures The Secretary must comply with any incident management operating procedures.". 51 Declaration of protected public lands For section 62(2) of the Forests Act 1958 substitute— "(2) Despite anything to the contrary in any other Act or law, the Secretary must carry out proper and sufficient work in State forests, national parks and on protected public land— (a) for the immediate prevention and suppression of fire; and (b) for the planned prevention of fire. (3) The Secretary must not carry out work of a kind specified under subsection (2) on national parks and protected public land managed and controlled by a person or body unless— (a) the person or body has agreed to the work being undertaken; or (b) if agreement is not reached between the person or body and the Secretary, the Governor in Council determines that the Secretary may conduct the work.". s. 51 -- 40 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 37 52 New section 62AA inserted After section 62 of the Forests Act 1958 insert— "62AA Duty to warn the community (1) The Secretary must issue warnings and provide information in relation to fires in State forests, national parks and on protected public land if— (a) the Fire Services Commissioner has delegated to the Secretary under section 26 of the Fire Services Commissioner Act 2010 his or her duty to issue warnings or provide information; or (b) the Secretary considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property. (2) The Secretary must have regard to any guidelines, procedures or operating protocols issued by the Fire Services Commissioner under section 25 of the Fire Services Commissioner Act 2010 for the purposes of carrying out a duty under subsection (1).". s. 52 -- 41 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 38 Division 4—Metropolitan Fire Brigades Act 1958 53 Definitions In section 3(1) of the Metropolitan Fire Brigades Act 1958 insert the following definitions— "applicable work program means a work program (within the meaning of the Fire Services Commissioner Act 2010) that applies to the Board; fire services agency has the same meaning as in the Fire Services Commissioner Act 2010; Fire Services Commissioner means the person appointed under section 5 of the Fire Services Commissioner Act 2010; fire services reform action plan has the same meaning as in the Fire Services Commissioner Act 2010; incident management operating procedures has the same meaning as in the Fire Services Commissioner Act 2010;". 54 Functions of Board (1) In section 7(4) of the Metropolitan Fire Brigades Act 1958, for "standards prepared by the Emergency Services Commissioner under Part 4A of the Emergency Management Act 1986" substitute "performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010". (2) For section 7(5) of the Metropolitan Fire Brigades Act 1958 substitute— "(5) The Board must, at the expiration of each period of 3 months, report in writing on the action it has taken during the preceding s. 53 See: Act No. 6315. Reprint No. 10 as at 1 July 2006 and amending Act Nos 74/2006, 80/2006, 77/2008, 69/2009, 29/2010 and 45/2010. LawToday: www. legislation. vic.gov.au -- 42 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 39 3 months to comply with the performance standards developed by the Fire Services Commissioner under section 19 of the Fire Services Commissioner Act 2010. (6) A copy of the report prepared by the Board under subsection (5) must be given to— (a) the Fire Services Commissioner; and (b) the Emergency Services Commissioner.". 55 New sections 7A and 7B inserted After section 7 of the Metropolitan Fire Brigades Act 1958 insert— "7A Fire services reform action plan (1) The Board must use its best endeavours to implement the applicable work program to give effect to the fire services reform action plan. (2) The Board must prepare a written report on the progress made, and achievements attained, by the Board in its endeavours to give effect to the fire services reform action plan at intervals determined by the Fire Services Commissioner. The intervals must not be less than one a year. (3) The Board must give a copy of a report prepared under subsection (2) to the Fire Services Commissioner. 7B Compliance with incident management operating procedures The Board must comply with any incident management operating procedures.". s. 55 -- 43 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 40 56 New section 32AA inserted After section 32 of the Metropolitan Fire Brigades Act 1958 insert— "32AA Duty to warn the community (1) The Chief Officer must issue warnings and provide information in relation to fires in the metropolitan fire district if— (a) the Fire Services Commissioner has delegated to the Chief Officer under section 26 of the Fire Services Commissioner Act 2010 his or her duty to issue warnings or provide information; or (b) the Chief Officer considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property. (2) The Chief Officer must have regard to any guidelines, procedures or operating protocols issued by the Fire Services Commissioner under section 25 of the Fire Services Commissioner Act 2010 for the purposes of carrying out a duty under subsection (1).". 57 Disclosure of information by Board In section 45A of the Metropolitan Fire Brigades Act 1958, for "Emergency Services Commissioner" (wherever occurring) substitute "Fire Services Commissioner". 58 Statute law revision (1) Insert the following heading to section 31A of the Metropolitan Fire Brigades Act 1958— "Delegation of powers of Chief Officer". s. 56 -- 44 of 48 -- Part 4—Amendment of Emergency Services Related Legislation Fire Services Commissioner Act 2010 No. 73 of 2010 41 (2) Insert the following heading to section 32C of the Metropolitan Fire Brigades Act 1958— "Destruction etc. of building by Chief Officer". (3) In section 63(2) and (3) of the Metropolitan Fire Brigades Act 1958, for "Chief Fire Officer" substitute "Chief Officer". Division 5—Justice Legislation Further Amendment Act 2010 59 Repeal of redundant amendment Section 19 of the Justice Legislation Further Amendment Act 2010 is repealed. Division 6—Repeal of amending Part 60 Repeal This Part is repealed on 1 December 2011. Note The repeal of this Part does not affect the continuing operation of the amendments made by this Part (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 59 -- 45 of 48 -- Fire Services Commissioner Act 2010 No. 73 of 2010 42 ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 September 2010 Legislative Council: 16 September 2010 The long title for the Bill for this Act was "A Bill for an Act to establish the statutory position of the Fire Services Commissioner and to make related amendments to the Emergency Management Act 1986, the Country Fire Authority Act 1958, the Forests Act 1958 and the Metropolitan Fire Brigades Act 1958 and for other purposes." Endnotes -- 46 of 48 -- Fire Services Commissioner Act 2010 No. 73 of 2010 43 INDEX Subject Section Actamendments to other Acts 35-59 commencement 2 purpose 1 regulations 34 repeal of Part 4 60 Community warnings 24-26 Definitions 3 Disclosure of information 27, 28 Emergency service agencies (def.) 3 Emergency Services Commissioner 3, 31 Fire services agencies definition 3 disclosure of information 28 incident management operating procedures 21 performance standards 19, 20 provision of information to Fire Services Commissioner 27 Fire Services Commissioner appointment 5 delegation 11 establishment 4 functions, powers (general) 10 immunity 33 powers, duties regarding annual reports 31 community warnings about fires 24-26 disclosure of information 28 incident management operating procedures 21-23 performance standards 19, 20 provision of reports to Minister 29 requirement for information from fire services agencies 27 removal from office, suspension 9 remuneration, allowances 6 resignation, vacancy 8 terms, conditions 7 validity of acts, decisions 30 Fire services reform action plans consultation 15 development 12 distribution and publication 17 inclusion of work programs 13 matters to have regard to 14 review, reports 18 revised plans 18 variation 16 -- 47 of 48 -- Fire Services Commissioner Act 2010 No. 73 of 2010 44 Subject Section Incident management operating procedures 3, 21-23 Major fires (def.) 3 Metropolitan Fire and Emergency Services 26 Minister powers, duties regarding annual reports 32 fire services reform action plans 16, 18 requests for reports from Fire Services Commissioner 29 suspension of Fire Services Commissioner 9 Regulations 34 State Co-ordinator (def.) 3 Volunteers 10 -- 48 of 48 --