Emergency Services Legislation Amendment Act 2009

i Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENTS TO THE COUNTRY FIRE AUTHORITY ACT 1958 3 Division 1—Improving community safety 3 3 New Part IIIA inserted 3 PART IIIA—IMPROVING COMMUNITY SAFETY 3 Division 1—Definitions 3 50A Definitions 3 Division 2—Duty to warn community 4 50B Duty of Chief Officer to warn community about bushfires 4 50C Chief Officer to have regard to guidelines, procedures and protocols 4 50D Delegation of duty to warn 5 Division 3—Neighbourhood safer places 6 50E Country Fire Authority Assessment Guidelines 6 50F Municipal Council Neighbourhood Safer Places Plan 6 50G Municipal councils to identify and designate neighbourhood safer places 7 50H Appropriate signage for designated neighbourhood safer places 9 50I Maintenance of designated neighbourhood safer places 9 50J Annual assessment of designated neighbourhood safer places 9 -- 1 of 22 -- Section Page ii 50K Municipal fire prevention officer to provide up to date list of designated places to Authority 10 50L Authority to keep up to date list of all designated neighbourhood safer places 11 Division 4—Liability in relation to designated neighbourhood safer places 11 50M Application of Part XII of Wrongs Act 1958 11 50N Liability relating to designated neighbourhood safer places 11 50O Policy defence 12 Division 5—Advice on defendability of buildings 13 50P Chief Officer may advise on defendability of buildings 13 4 Municipal fire prevention plans 13 Division 2—Role of Volunteer Fire Brigades Victoria Incorporated 13 5 Constitution of Authority 13 6 New section 100 substituted 14 100 Role of Volunteer Fire Brigades Victoria Incorporated 14 7 Information to be furnished by associations 15 8 New sections 115 and 116 inserted 15 115 Transitional—Neighbourhood safer places 15 116 Transitional—Constitution of Authority 16 PART 3—AMENDMENTS TO THE EMERGENCY MANAGEMENT ACT 1986 17 9 Control of response to fires 17 10 Municipal emergency management plan 18 PART 4—REPEAL OF AMENDING ACT 19 11 Repeal of amending Act 19 ═══════════════ ENDNOTES 20 -- 2 of 22 -- 1 Emergency Services Legislation Amendment Act 2009 † No. 73 of 2009 [Assented to 1 December 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Country Fire Authority Act 1958— (i) to confer on the Chief Officer a duty to issue warnings and to provide information to the community in relation to bushfires in Victoria; and Victoria -- 3 of 22 -- Part 1—Preliminary Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 2 (ii) to provide for the identification and designation of neighbourhood safer places; and (iii) to authorise the Chief Officer to provide advice on the defendability of buildings in the event of bushfires; and (iv) to allow one unified fire brigades association to represent volunteer members of brigades; and (b) to amend the Emergency Management Act 1986 in relation to the control of response to fires. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 4 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 3 PART 2—AMENDMENTS TO THE COUNTRY FIRE AUTHORITY ACT 1958 Division 1—Improving community safety 3 New Part IIIA inserted After Part III of the Country Fire Authority Act 1958 insert— "PART IIIA—IMPROVING COMMUNITY SAFETY Division 1—Definitions 50A Definitions In this Part— community fire refuge means a place that is— (a) to be used by the public for short- term shelter from a fire front during a bushfire; and (b) designated as a community fire refuge in— (i) a municipal fire prevention plan under Part IV; or (ii) a municipal emergency management plan under the Emergency Management Act 1986; council land means land occupied or controlled by a municipal council; s. 3 See: Act No. 6228. Reprint No. 12 as at 1 July 2006 and amending Act Nos 80/2006, 12/2008 and 77/2008. LawToday: www. legislation. vic.gov.au -- 5 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 4 designated neighbourhood safer place means a place designated by a municipal council as a neighbourhood safer place under this Part; neighbourhood safer place means a place that may, as a last resort, provide shelter for people from the immediate life-threatening effects of a bushfire; non-council land means land (including Crown land) that is not council land; place means land or premises. Division 2—Duty to warn community 50B Duty of Chief Officer to warn community about bushfires It is the duty of the Chief Officer to issue warnings and provide information to the community in relation to bushfires in Victoria for the purpose of protecting life and property. 50C Chief Officer to have regard to guidelines, procedures and protocols (1) In carrying out a duty under section 50B, the Chief Officer must have regard to any guidelines, procedures and operating protocols issued by the Authority in respect of that duty. (2) The Authority must consult with the following in developing any guidelines, procedures or protocols referred to in subsection (1)— (a) the Metropolitan Fire and Emergency Services Board; s. 3 -- 6 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 5 (b) the Secretary; (c) any other prescribed agency. 50D Delegation of duty to warn (1) The Chief Officer may delegate his or her duty under section 50B to— (a) the Chief Officer of the Metropolitan Fire and Emergency Services; (b) the Secretary; (c) the Chief Fire Officer of the Department of Sustainability and Environment; (d) any other prescribed person. (2) A person to whom a duty is delegated under this section may 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; or (b) in the case of the Secretary or the Chief Fire Officer of the Department of Sustainability and Environment, a person employed in the Department or any other prescribed person; or (c) in the case of a person prescribed under subsection (1)(d), an employee of the prescribed person. (3) A power of delegation under subsection (1) is in addition to the powers of delegation of the Chief Officer under section 28. s. 3 -- 7 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 6 Division 3—Neighbourhood safer places 50E Country Fire Authority Assessment Guidelines (1) The Authority may from time to time issue guidelines (the Country Fire Authority Assessment Guidelines) setting out criteria and other considerations to be applied in relation to neighbourhood safer places, including for the purpose of— (a) assessing a place as suitable to be a neighbourhood safer place; and (b) carrying out annual assessments of neighbourhood safer places. (2) The Country Fire Authority Assessment Guidelines may incorporate or refer to any other document as issued or published from time to time. (3) The Authority must publish the Country Fire Authority Assessment Guidelines— (a) in the Government Gazette; and (b) on the Authority's Internet site. 50F Municipal Council Neighbourhood Safer Places Plan (1) A municipal council may prepare a plan (a Municipal Council Neighbourhood Safer Places Plan) in relation to— (a) the identification, suitability and designation of places as neighbourhood safer places; and (b) the inspection, maintenance and decommissioning of designated neighbourhood safer places. s. 3 -- 8 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 7 (2) A Municipal Council Neighbourhood Safer Places Plan must not be inconsistent with the Country Fire Authority Assessment Guidelines. (3) A Municipal Council Neighbourhood Safer Places Plan may incorporate or refer to any other document as issued or published from time to time. (4) A municipal council must— (a) publish its Municipal Council Neighbourhood Safer Places Plan on its Internet site; and (b) make the Municipal Council Neighbourhood Safer Places Plan and any documents incorporated in the Plan available at its municipal offices for public inspection during normal office hours free of charge. 50G Municipal councils to identify and designate neighbourhood safer places (1) A municipal council, the municipal district of which is located wholly or partly in the country area of Victoria, must identify and designate places as neighbourhood safer places in its municipal district. (2) A neighbourhood safer place may be on council land, or, with the consent of the occupier or the person in control of the land, on non-council land. (3) In identifying and designating neighbourhood safer places, a municipal council may have regard to its Municipal Council Neighbourhood Safer Places Plan. s. 3 -- 9 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 8 (4) After identifying a neighbourhood safer place, a municipal council must ask the Authority to assess the place in accordance with the Country Fire Authority Assessment Guidelines. (5) On receiving a request, the Authority must— (a) assess the place; and (b) if the place meets the criteria set out in the Country Fire Authority Assessment Guidelines, certify in writing that the place meets those criteria. (6) A municipal council must not designate a place as a neighbourhood safer place unless the place has been certified by the Authority under this section. (7) A municipal council is not required to designate a place under subsection (1) if— (a) no place has been certified by the Authority under this section; or (b) the Authority has certified a place under this section but the council is satisfied on reasonable grounds that it is not appropriate to designate the place as a neighbourhood safer place; or (c) any suitable existing place is on non- council land and the occupier or the person in control of the land does not consent to the designation of the place as a neighbourhood safer place. (8) Before 1 July 2010, a municipal council complies with subsection (1) if it uses its best endeavours to do so. s. 3 -- 10 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 9 50H Appropriate signage for designated neighbourhood safer places (1) A municipal council must ensure that appropriate signs are provided at each designated neighbourhood safer place in its municipal district to identify it to the public as a neighbourhood safer place. (2) A municipal council must have regard to the signage guidelines published from time to time on the Internet site of the Office of the Emergency Services Commissioner in ensuring the provision of appropriate signs under this section. 50I Maintenance of designated neighbourhood safer places A municipal council is responsible for maintaining all designated neighbourhood safer places in its municipal district. 50J Annual assessment of designated neighbourhood safer places (1) A municipal council must, by 31 August in each year, conduct a review of each designated neighbourhood safer place in its municipal district to determine if it is still suitable to be designated as a neighbourhood safer place. (2) In conducting an annual review, the municipal council must ask the Authority to assess each neighbourhood safer place in its municipal district in accordance with the Country Fire Authority Assessment Guidelines. s. 3 -- 11 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 10 (3) On receiving a request, the Authority must— (a) assess the place; and (b) if the place meets the criteria set out in the Country Fire Authority Assessment Guidelines, certify in writing that the place meets those criteria. (4) If the Authority's assessment determines that a designated neighbourhood safer place is no longer suitable, it must be decommissioned. (5) The municipal council may also decommission a designated neighbourhood safer place if— (a) the Authority has certified the place under this section but the council is satisfied on reasonable grounds that it is not appropriate for the place to continue to be a designated neighbourhood safer place; or (b) the place is on non-council land and the occupier or the person in control of the land has withdrawn consent to the designation of the place as a neighbourhood safer place. 50K Municipal fire prevention officer to provide up to date list of designated places to Authority A municipal fire prevention officer must provide to the Authority by 30 September in each year an up to date list of all designated neighbourhood safer places and community fire refuges in the municipal district. s. 3 -- 12 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 11 50L Authority to keep up to date list of all designated neighbourhood safer places (1) The Authority must keep an up to date list showing the location of all designated neighbourhood safer places and community fire refuges in Victoria of which it is notified under section 50K. (2) The Authority must publish the list on its Internet site and provide a copy of the list— (a) to the Secretary; and (b) to the Chief Commissioner of Police; and (c) to the Chief Executive Officer of the State Emergency Service; and (d) to the Municipal Association of Victoria; and (e) for the use of the Victorian Bushfire Information Line. Division 4—Liability in relation to designated neighbourhood safer places 50M Application of Part XII of Wrongs Act 1958 This Division is to be construed as being in addition to and not in derogation of Part XII of the Wrongs Act 1958. 50N Liability relating to designated neighbourhood safer places (1) This section applies in respect of a designated neighbourhood safer place. (2) Subject to this section, any liability for the death of or injury to a person arising from the use of the designated neighbourhood s. 3 -- 13 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 12 safer place that would attach to the owner or occupier of the land or a person with control of the land attaches instead to the municipal council in the municipal district of which the land is situated. (3) This section only applies in respect of a death or injury arising from the use of the designated neighbourhood safer place as a shelter from bushfire on a day (or during part of a day) when the area in which the place was located was beset, or threatened, by bushfire. (4) This section does not apply to a death or injury that was caused in the course of travelling to or from the designated neighbourhood safer place. (5) A reference to a liability in subsection (2), is a reference to a liability— (a) that arises in tort, contract, under statute or otherwise; and (b) that does not arise from an intentional act of a person at the designated neighbourhood safer place. 50O Policy defence For the purposes of any proceeding for the death of or injury to a person arising from— (a) the use of a designated neighbourhood safer place; or (b) a failure of a municipal council to designate a neighbourhood safer place— an act or omission by a municipal council, which is in accordance with a policy in its Municipal Council Neighbourhood Safer Places Plan, does not constitute a wrongful s. 3 -- 14 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 13 exercise or failure by the municipal council, unless the policy is so unreasonable that no municipal council in that municipal council's position acting reasonably could have made that policy. Division 5—Advice on defendability of buildings 50P Chief Officer may advise on defendability of buildings The Chief Officer may provide advice to the community or to any person on ways to improve the defendability of a home or other building in the event of a bushfire. __________________". 4 Municipal fire prevention plans After section 55A(2)(c) of the Country Fire Authority Act 1958 insert— "(ca) identifying all designated neighbourhood safer places in the municipal district or if no places have been designated, recording that fact; and (cb) designate any places in the municipal district that are community fire refuges; and". Division 2—Role of Volunteer Fire Brigades Victoria Incorporated 5 Constitution of Authority For sections 7(1)(b) and 7(1)(c) of the Country Fire Authority Act 1958 substitute— "(b) two shall be selected by the Governor in Council from a panel submitted by the Board of Volunteer Fire Brigades Victoria s. 4 -- 15 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 14 Incorporated of the names of not less than four persons who are volunteer members of rural brigades; (c) two shall be selected by the Governor in Council from a panel submitted by the Board of Volunteer Fire Brigades Victoria Incorporated of the names of not less than four persons who are volunteer members of urban brigades;". 6 New section 100 substituted For section 100 of the Country Fire Authority Act 1958 substitute— "100 Role of Volunteer Fire Brigades Victoria Incorporated (1) The role of Volunteer Fire Brigades Victoria Incorporated in relation to this Act is to enable members of brigades (other than industry brigades) to consider and bring to the notice of the Authority all matters affecting their welfare and efficiency (other than questions of discipline and promotion). (2) A person is not eligible to become an officer or official of Volunteer Fire Brigades Victoria Incorporated unless he or she is a registered volunteer. (3) Subsection (2) does not apply to the chief executive officer, an executive officer or a member of staff of the Volunteer Fire Brigades Victoria Incorporated. (4) The regulations may provide for the payment by the Authority to members of Volunteer Fire Brigades Victoria Incorporated of personal and travelling expenses actually incurred in relation to their attendance at— s. 6 -- 16 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 15 (a) such meetings of the Volunteer Fire Brigades Victoria Incorporated as are approved by the Authority; or (b) meetings with the Authority. (5) The expenses paid must not exceed the limits fixed by the regulations. (6) This section applies despite anything to the contrary in the Associations Incorporation Act 1981 or the rules or constitution of Volunteer Fire Brigades Victoria Incorporated.". 7 Information to be furnished by associations In section 101 of the Country Fire Authority Act 1958 for "the said associations" substitute "the Volunteer Fire Brigades Victoria Incorporated". 8 New sections 115 and 116 inserted After section 114 of the Country Fire Authority Act 1958 insert— "115 Transitional—Neighbourhood safer places A neighbourhood safer place (within the meaning of Part IIIA) that has been certified by the Authority as suitable and designated by a municipal council and included in— (a) the council's municipal fire prevention plan under Part IV; or (b) the council's municipal emergency management plan under the Emergency Management Act 1986; or s. 7 -- 17 of 22 -- Part 2—Amendments to the Country Fire Authority Act 1958 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 16 (c) the council's township protection plan— before the commencement of the Emergency Services Legislation Amendment Act 2009 is taken to be a designated neighbourhood safer place for the purposes of Part IIIA. 116 Transitional—Constitution of Authority The Country Fire Authority is the same body despite the changes to its membership made by the Emergency Services Legislation Amendment Act 2009.". __________________ s. 8 -- 18 of 22 -- Part 3—Amendments to the Emergency Management Act 1986 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 17 PART 3—AMENDMENTS TO THE EMERGENCY MANAGEMENT ACT 1986 9 Control of response to fires For section 16(1) and (2) of the Emergency Management Act 1986 substitute— "(1) At the request of a co-ordinator referred to in section 13, or of their own volition, the chief officers of the agencies responsible for the suppression of fire 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 a fire— (a) which is burning; or (b) which may occur; or (c) which has occurred— in any area specified by the chief officers. (1A) In the absence of an agreement under subsection (1), the 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 referred to in subsection (1). (2) Any officer appointed under subsection (1) or (1A) 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 for which he or she was appointed. s. 9 See: Act No. 30/1986. Reprint No. 4 as at 1 May 2008. LawToday: www. legislation. vic.gov.au -- 19 of 22 -- Part 3—Amendments to the Emergency Management Act 1986 Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 18 (2A) An officer appointed under subsection (1) or (1A) 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. (2B) An appointment of an officer under subsection (1) or (1A) has effect for the period specified in the instrument of appointment.". 10 Municipal emergency management plan After section 20(2)(b) of the Emergency Management Act 1986 insert— "(ba) in the case of a municipal district that is located wholly or partly in the country area of Victoria within the meaning of the Country Fire Authority Act 1958— (i) identifying all designated neighbourhood safer places in the municipal district or, if no places have been designated under the Country Fire Authority Act 1958, recording that fact; and (ii) designating any places in the municipal district that are community fire refuges within the meaning of Part IIIA of the Country Fire Authority Act 1958; and". __________________ s. 10 -- 20 of 22 -- Part 4—Repeal of Amending Act Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 19 PART 4—REPEAL OF AMENDING ACT 11 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. 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. 11 -- 21 of 22 -- Emergency Services Legislation Amendment Act 2009 No. 73 of 2009 20 ENDNOTES † Minister's second reading speech— Legislative Assembly: 11 November 2009 Legislative Council: 25 November 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Country Fire Authority Act 1958 to confer on the Chief Officer a duty to issue warnings and to provide information to the community in relation to bushfires in Victoria, to make provision for identification and designation of neighbourhood safer places and to provide for the representation of volunteer members of brigades and to amend the Emergency Management Act 1986 in relation to the control of response to fires and for other purposes." Endnotes -- 22 of 22 --