Emergency Services Telecommunications Authority Act 2004
Victorian Legislation and Parliamentary Documents
i
Emergency Services Telecommunications Authority
Act 2004
Act No. 98/2004
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Binding the Crown 5
PART 2—EMERGENCY SERVICES TELECOMMUNICATIONS
AUTHORITY 6
Division 1—Establishment 6
5. Establishment of Emergency Services Telecommunications
Authority 6
6. The Authority represents the Crown 6
Division 2—General functions and powers 7
7. Functions of the Authority 7
8. Powers of the Authority 8
Division 3—Membership and procedure 8
9. Membership of the Authority and appointment of members 8
10. Terms and conditions of appointment 9
11. Removal and resignation 10
12. Acting appointments to the Authority 10
13. Immunity of members of Authority 11
14. Procedure of the Authority 11
15. Resolutions without meetings 12
16. Validity of decisions 13
17. Members' pecuniary interests 13
18. Improper use of information 14
19. Delegation by Authority 14
Division 4—Ministerial Directions 14
20. Directions of the Minister 14
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PART 3—ADVISORY COMMITTEE 16
21. Advisory committee 16
22. Functions of the advisory committee 17
23. Reports by the Authority to the advisory committee 17
24. Terms of office of members of the advisory committee 17
25. Travelling and personal expenses of members of the advisory
committee 18
26. Meetings 18
PART 4—PARTICULAR FUNCTIONS, POWERS AND DUTIES 19
Division 1—Corporate Plans 19
27. Corporate plans 19
Division 2—Provision of Services to Emergency Services and other
Related Services Organisations 20
28. Power to provide services to emergency services and other
related services organisations 20
29. Arrangements for the provision of services 20
30. Commissioner to determine standards 21
Division 3—Fees for the Provision of Services by the Authority 22
31. Service fees 22
32. Payment and collection of fees 23
PART 5—GENERAL 24
33. Secrecy 24
34. Organisations' rights of access to information 25
35. Regulations 25
PART 6—AMENDMENT OF THE EMERGENCY
MANAGEMENT ACT 1986 26
36. Definitions 26
37. Functions of Emergency Services Commissioner 26
38. Powers in relation to the Emergency Services
Telecommunications Authority 26
39. Powers to obtain information 27
40. Insertion of new section 21J 29
21J. Definition 29
PART 7—AMENDMENT OF THE METROPOLITAN FIRE
BRIGADES ACT 1958 30
41. Receipt of alarm of fire 30
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PART 8—TRANSITIONAL PROVISIONS—ABOLITION OF
EMERGENCY COMMUNICATIONS VICTORIA 31
42. Definitions 31
43. Transfer of property etc. from old body to new body 31
44. Call taking and dispatch services—Rural Ambulance Victoria 32
45. Repeal of section relating to Rural Ambulance Victoria 32
═══════════════
ENDNOTES 33
INDEX 34
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1
Emergency Services
Telecommunications Authority Act
2004†
[Assented to 14 December 2004]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to make provision for
certain emergency services telecommunications
services and other communications services by the
establishment of an authority and the enactment of
other related provisions.
Victoria
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2. Commencement
(1) Subject to sub-section (2), this Act (other than
section 45) comes into operation on a day or days
to be proclaimed.
(2) If a provision of this Act (other than section 45)
does not come into operation before 1 January
2006, it comes into operation on that day.
(3) Section 45 comes into operation on a day to be
proclaimed.
3. Definitions
In this Act—
"advisory committee" means the advisory
committee appointed under section 21;
"Authority" means the Emergency Services
Telecommunications Authority established
under Division 1 of Part 2;
"call taking and dispatch services" means the
services of—
(a) taking, listening to and recording calls
from the public or a member of an
emergency services and other related
services organisation, being calls in
which assistance is sought of an
emergency services and other related
services organisation; and
(b) communicating the information given
in such calls to the persons in
emergency services and other related
services organisations that are
designated to respond to the calls and
recording any such communication of
information;
"Commissioner" has the same meaning as in the
Emergency Management Act 1986;
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"Corporate plan" means a plan prepared by the
Authority under Division 1 of Part 4 and
approved by the Minister under that
Division;
"Country Fire Authority" has the same meaning
as "Authority" has in the Country Fire
Authority Act 1958;
"Emergency Communications Victoria" means
the body known as "Emergency
Communications Victoria", established
under the State Owned Enterprises Act
1992 by Order of the Governor in Council
published in the special Government Gazette
dated 4 June 2002;
"emergency services and other related services
organisation" means any of the following—
(a) the Country Fire Authority;
(b) the Metropolitan Ambulance Service;
(c) the Metropolitan Fire and Emergency
Services Board;
(d) Rural Ambulance Victoria;
(e) Victoria Police;
(f) Victoria State Emergency Service;
(g) any government agency;
(h) any person who is a party to a contract
with Emergency Communications
Victoria for the provision of emergency
or other related services immediately
before the commencement of this
section;
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(i) an organisation that provides services
that are related to services provided by
organisations specified in paragraphs
(a) to (f);
(j) any other person or body prescribed for
the purposes of this definition;
"emergency telecommunications and other
communications services" means either or
both of the following—
(a) call taking and dispatch services; and
(b) operational communications services;
"insolvent under administration" has the same
meaning as in the Corporations Act;
"member" means a member of the Authority
appointed under section 9;
"Metropolitan Ambulance Service" has the
same meaning as in the Ambulance
Services Act 1986;
"Metropolitan Fire and Emergency Services
Board" has the same meaning as "Board"
has in the Metropolitan Fire Brigades Act
1958;
"operational communications services" means
services that enable the communication
within any emergency services and other
related services organisation or between any
such organisations about all or any of the
following—
(a) incidents detected by members of an
emergency services and other related
services organisation that require a
response and, when required, reporting
back data and information on any such
incidents; or
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(b) events, activities or other matters that
require the attendance of any
emergency services and other related
services organisation and, when
required, reporting back data and
information on any such events,
activities or matters; or
(c) any other operational matters—
when the service is not provided within or by
an organisation itself;
"Rural Ambulance Victoria" means the
ambulance service created as Rural
Ambulance Victoria by Order in Council
under section 23 of the Ambulance Services
Act 1986, dated 2 February 1999 and
published in the Government Gazette on
4 February 1999 at page 212;
"Victoria Police" has the same meaning as "the
force" has in the Police Regulation Act
1958;
"Victoria State Emergency Service" has the
same meaning as "Service" has in the
Victoria State Emergency Service Act
1987.
4. Binding the Crown
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
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PART 2—EMERGENCY SERVICES
TELECOMMUNICATIONS AUTHORITY
Division 1—Establishment
5. Establishment of Emergency Services
Telecommunications Authority
(1) The Emergency Services Telecommunications
Authority is established.
(2) The Authority—
(a) is a body corporate with perpetual
succession;
(b) has a common seal;
(c) may sue and be sued in its corporate name;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all things that a body
corporate may, by law, do and suffer.
(3) The common seal must be kept as directed by the
Authority and must not be used except as
authorised by the Authority.
(4) All courts must take judicial notice of the
common seal on a document and, until the
contrary is proved, must presume that the seal was
properly affixed.
6. The Authority represents the Crown
The Authority is a public authority that represents
the Crown and holds its property on behalf of the
Crown.
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Division 2—General functions and powers
7. Functions of the Authority
(1) The Authority has the following functions—
(a) to provide or enable and control the
provision by others of emergency
telecommunications and other
communications services;
(b) to promote and develop policies and
procedures to improve the standard and
provision of emergency telecommunications
and other communications services;
(c) to advise the Minister on the administration
of this Act and on any other matter referred
to the Authority by the Minister;
(d) any other functions that are conferred on the
Authority by this or any other Act.
(2) The Authority must carry out its functions under
sub-section (1) in a manner that ensures that the
services provided by the Authority are—
(a) effective and efficient; and
(b) consistent with prudent financial
management practices; and
(c) safe and secure.
(3) In carrying out its functions under sub-section (1)
the Authority must have regard to any advice and
recommendations of the advisory committee.
(4) In carrying out its functions under sub-section (1),
the Authority must recognise the right of
emergency services and other related services
organisations to—
(a) assess and vary their own operational
standards; and
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(b) manage their own resources; and
(c) assume direct control of communications in
the event of incidents and emergencies.
8. Powers of the Authority
(1) The Authority has all the powers necessary to
perform its functions.
(2) Without limiting sub-section (1), the Authority
may—
(a) enter into contracts, agreements and
arrangements;
(b) employ staff, appoint agents and engage
persons to provide services;
(c) exercise any other powers conferred on the
Authority by this or any other Act.
Division 3—Membership and procedure
9. Membership of the Authority and appointment of
members
(1) The Authority consists of 9 members.
(2) Of the members of the Authority—
(a) the chairperson and 7 other members must be
appointed by the Governor in Council on the
recommendation of the Minister; and
(b) 1 member must be appointed by the
Governor in Council on the recommendation
of the Minister, after agreement with the
Minister administering section 11 of the
Health Services Act 1988.
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(3) The Minister, in making a recommendation to the
Governor in Council under sub-section (2) as to
the appointment of a member must have regard to
the following matters—
(a) that each member of the Authority should
have one or more of the following skills or
experience—
(i) commercial skills;
(ii) technical skills;
(iii) operational skills;
(iv) legal skills;
(v) financial skills;
(vi) functional skills;
(vii) any other relevant skills;
(viii) significant experience in an emergency
services sector; and
(b) that each member of the Authority must not
be a member of any other emergency
services and other related services
organisation.
(4) The Public Sector Management and
Employment Act 1998 does not apply to a
member in respect of the office of member.
10. Terms and conditions of appointment
(1) A member holds office for the period, not
exceeding 3 years that is specified in the
instrument of his or her appointment and is
eligible for re-appointment.
(2) A member is entitled to be paid the remuneration
and travelling and other expenses that are
determined by the Governor in Council.
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11. Removal and resignation
(1) A member may resign by writing signed by that
person and delivered to the Governor in Council.
(2) The Governor in Council, on the recommendation
of the Minister, may remove a member, or all
members, from office.
(3) The Minister must recommend the removal of a
member if the Minister is satisfied that the
member—
(a) has been absent, without the approval of the
Authority, from 3 consecutive meetings of
the Authority; or
(b) has been convicted or found guilty of an
indictable offence or of an offence which, if
committed in Victoria, would be an
indictable offence; or
(c) is an insolvent under administration within
the meaning of the Corporations Act.
12. Acting appointments to the Authority
(1) When—
(a) the office of the chairperson of the Authority
is vacant; or
(b) the chairperson of the Authority is absent
from Victoria or otherwise unable to perform
the duties of the office—
the Governor in Council, on the recommendation
of the Minister, may appoint a person to act in the
office of chairperson.
(2) A person who is appointed under sub-section (1)
to act in the office of chairperson of the Authority
has and may exercise all the powers, and must
perform all the duties, of the office.
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(3) When—
(a) the office of a member is vacant; or
(b) a member is absent from Victoria or is, for
any reason, unable to attend meetings of the
Authority or otherwise unable to perform the
duties of the office—
the Governor in Council, on the recommendation
of the Minister, may appoint a person to act in that
office.
(4) A person who is appointed under sub-section (3)
to act in the office of a member has and may
exercise all the powers, and must perform all the
duties, of the office.
13. Immunity of members of Authority
(1) A member of the Authority is not personally liable
for anything 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
(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.
(2) Any liability resulting from an act or omission
that would, but for sub-section (1), attach to a
member of the Authority attaches instead to the
Authority.
14. Procedure of the Authority
(1) The chairperson of the Authority, or in his or her
absence a member elected by the members
present, must preside at a meeting of the
Authority.
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(2) A majority of members of the Authority for the
time being constitutes a quorum of the Authority.
(3) A question arising at a meeting of the Authority
must be determined by a majority of votes of the
members present at the meeting and voting on that
question and, if the voting is equal, the person
presiding has a casting, as well as a deliberative,
vote.
(4) Except as otherwise provided in this Division or
in the regulations, the procedure of the Authority
is in the discretion of the Authority.
15. Resolutions without meetings
(1) If the members (other than a member who is
absent from Australia when the other members
sign) sign a document that those members are in
favour of a resolution in terms set out in the
document, a resolution in those terms must be
taken to have been passed at a meeting of the
Authority held on the day on which the document
is signed, or, if the members do not sign on the
same day, on the day on which the last member to
sign signs the document.
(2) If a resolution is, under sub-section (1), taken to
have been passed at a meeting of the Authority,
each member must be advised as soon as
practicable and given a copy of the terms of the
resolution.
(3) For the purposes of sub-section (1), two or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members, must be taken to constitute one
document.
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16. Validity of decisions
An act or decision of the Authority is not invalid
by reason only of—
(a) a defect or irregularity in or in connection
with the appointment of a member of the
Authority; or
(b) a vacancy in the membership of the
Authority.
17. Members' pecuniary interests
(1) A member of the Authority who has a direct or
indirect pecuniary interest in a matter being
considered or about to be considered by the
Authority must, as soon as practicable after the
relevant facts have come to his or her knowledge,
declare the nature of the interest at a meeting of
the Authority.
Penalty: 5 penalty units.
(2) The person presiding at the meeting must cause
the declaration to be recorded in the minutes of
the meeting.
(3) A member who has a conflict of interest in a
matter—
(a) must not be present during any deliberations
on the matter; and
(b) is not entitled to vote on the matter.
(4) If a member votes on a matter in contravention of
sub-section (3)(b), his or her vote must be
disallowed.
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18. Improper use of information
A person who is, or has been, a member of the
Authority must not make improper use of any
information, acquired in the course of his or her
duties, to obtain directly or indirectly any
pecuniary or other advantage for himself or
herself or for any other person.
Penalty: 5 penalty units.
19. Delegation by Authority
The Authority may, by instrument, delegate to—
(a) a member or an employee of the Authority;
or
(b) a person engaged to provide services to the
Authority—
any of its powers other than this power of
delegation.
Division 4—Ministerial Directions
20. Directions of the Minister
(1) The Authority is subject to the general direction
and control of the Minister in the performance of
its functions and the exercise of its powers.
(2) The Minister may give directions in writing to the
Authority in relation to the performance of any of
its functions or the exercise of any of its powers.
(3) The Minister must not give a direction under sub-
section (1) that affects the operations of an
emergency services and other related services
organisation unless the Minister has first
consulted the Minister responsible for
administering that organisation.
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(4) A copy of each direction must be included in the
Authority's report of operations for a financial
year under Part 7 of the Financial Management
Act 1994.
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PART 3—ADVISORY COMMITTEE
21. Advisory committee
(1) The Authority must appoint an advisory
committee.
(2) The advisory committee must consist of—
(a) a member of the Authority who must be the
chairperson of the committee;
(b) one person nominated by Victoria Police;
(c) one person nominated by the Metropolitan
Ambulance Service;
(d) one person nominated by Rural Ambulance
Victoria;
(e) one person nominated by the Country Fire
Authority;
(f) one person nominated by the Metropolitan
Fire and Emergency Services Board;
(g) one person nominated by the Victoria State
Emergency Service;
(h) one person nominated by each other
emergency services and other related
services organisation prescribed under
paragraph (j) of the definition of "emergency
services and other related services
organisation" in section 3;
(i) if the Authority considers it appropriate, one
other person, appointed by the Authority to
represent the interests of persons to whom
paragraph (i) of the definition "emergency
services and other related services
organisation" in section 3 applies.
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22. Functions of the advisory committee
The functions of the advisory committee are to—
(a) advise the Authority of any specific
requirements of or issues relating to the
organisations represented on the committee;
and
(b) carry out any other functions that are
conferred on the committee by this Act, by
the regulations or by the Authority.
23. Reports by the Authority to the advisory committee
The Authority must for each month of its
operations prepare and give to the committee a
report setting out—
(a) the performance of the Authority for that
month as measured against the standards
determined under section 30; and
(b) the measures taken to deal with matters
raised under section 22(a).
24. Terms of office of members of the advisory
committee
(1) Each member of the advisory committee holds
office for the term and on the conditions
determined by the Authority, after consultation
with the emergency services and other related
services organisation that nominated the member
for appointment (where the case so requires), and
being the terms and conditions that are specified
in the member's instrument of appointment.
(2) The Authority, on the recommendation of the
emergency services and other related services
organisation that nominated a member of the
advisory committee for appointment (where the
case so requires), may, at any time, remove the
member from office.
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25. Travelling and personal expenses of members of the
advisory committee
The members of the advisory committee are
entitled to receive any travelling and personal
expenses that are determined by the Authority.
26. Meetings
(1) The chairperson of the advisory committee must
preside at a meeting of the advisory committee
that he or she attends.
(2) If the chairperson is unable to attend a meeting of
the advisory committee, the Authority may
nominate a person to act in the chairperson's place
and preside at the meeting.
(3) A person nominated to act as chairperson under
sub-section (2) has and may exercise all the
powers and must perform all the duties of
chairperson and is deemed to be a member of the
advisory committee for the period for which the
person is so appointed to act.
(4) Except as otherwise provided in this Division or
in the regulations, the procedure of the advisory
committee is in the discretion of the advisory
committee.
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PART 4—PARTICULAR FUNCTIONS, POWERS AND
DUTIES
Division 1—Corporate Plans
27. Corporate plans
(1) The Authority must, at least once in each year and
at any other time if so directed by the Minister,
prepare and submit to the Minister for approval a
plan for the Authority's operations.
(2) In preparing a plan under this section the
Authority must consult with the advisory
committee and have regard to any advice given by
the advisory committee.
(3) A plan under this section must include—
(a) the financial information specified in writing
by the Minister, including any fees to be
determined under section 31(3)(a); and
(b) a business plan addressing the matters
specified in writing by the Minister; and
(c) a report on any other matters that are
specified in writing by the Minister.
(4) The Minister may in relation to a plan prepared
under this section—
(a) approve the plan; or
(b) approve the plan with amendments; or
(c) refuse to approve the plan.
(5) The Authority must advise the Minister if it
wishes to perform its functions in a manner
inconsistent with a plan approved under this
section.
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Division 2—Provision of Services to Emergency Services and
other Related Services Organisations
28. Power to provide services to emergency services and
other related services organisations
(1) The Authority may provide to an emergency
services and other related services organisation
services in the nature of emergency
telecommunications and other communications
services.
(2) The Authority and all persons to whom any
emergency telecommunications and other
communications services are provided must
ensure that, in the course of the provision of any
such services, they act in a manner that—
(a) promotes trust and open communication; and
(b) emphasises service delivery to the Victorian
community and to emergency services and
other related services organisations; and
(c) achieves a co-ordinated and integrated
approach to the provision of the services; and
(d) is open, flexible and accountable in the
provision of the services.
29. Arrangements for the provision of services
(1) The Authority, in consultation with an emergency
services and other related services organisation
may, from time to time, determine appropriate
administrative arrangements for the provision of
emergency telecommunications and other
communications services to the organisation.
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(2) An arrangement under sub-section (1) must
specify—
(a) the nature and level of the services to be
provided; and
(b) the standards, determined under section 30,
that are to apply to the provision of the
services.
(3) If an emergency services and other related
services organisation, is unable to agree with a
determination for an appropriate administrative
arrangement for the provision of emergency
telecommunications and other communications
services to the organisation, the Minister may give
directions in writing to the Authority as to the
determination of such an arrangement.
(4) The Minister must not give a direction under sub-
section (3) that affects the operations of an
emergency services and other related services
organisation unless the Minister has first
consulted the Minister responsible for
administering that organisation.
(5) A determination under this section may be
amended in the same manner in which it is made.
30. Commissioner to determine standards
(1) The Commissioner, in consultation with the
Authority and the emergency services and other
related services organisation to which standards
are to relate, may, from time to time, determine
the standards for the performance by the Authority
of the emergency telecommunications and other
communications services it provides to any such
organisation.
(2) Standards determined under sub-section (1) must
set out the qualitative and quantitative measures
for the level of service that is to be provided to
each organisation.
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Division 3—Fees for the Provision of Services by the
Authority
31. Service fees
(1) The Authority may determine a fee to be charged
by the Authority for the provision of an
emergency telecommunications and other
communications service to an emergency services
and other related services organisation.
(2) The Authority must not make a determination
under sub-section (1) unless the Authority has first
consulted with each emergency services and other
related services organisation that is likely to be
affected by the determination.
(3) A fee determined under sub-section (1) for the
provision of a service may be determined to be
payable for—
(a) a period of twelve months; or
(b) a lesser period or a greater period if there are
particular circumstances that necessitate the
payment of a fee for a service for a lesser
period or a greater period.
(4) If the Authority is determining a fee under sub-
section (1), the Authority must first obtain the
approval of the Minister before doing so.
(5) A determination under sub-section (1) must
specify—
(a) the period for which the fee is payable; and
(b) the method by which the fee is calculated,
which may vary in accordance with the
nature of the service provided; and
(c) any other arrangements for the payment of
the fee.
s. 31
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Part 4—Particular Functions, Powers and Duties
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
23
32. Payment and collection of fees
(1) A fee determined under section 31 is payable by
an emergency services and other related services
organisation in accordance with the determination
of the Authority under section 31.
(2) A fee payable under this section is a debt due to
the Authority by the emergency services and other
related services organisation that is liable to pay it
and may be collected in a court of competent
jurisdiction.
__________________
s. 32
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Victorian Legislation and Parliamentary Documents
Part 5—General
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
24
PART 5—GENERAL
33. Secrecy
(1) In this section "confidential information" means
any information relating to calls received or
messages communicated by the Authority in the
course of providing a service to an emergency
services and other related services organisation.
(2) A person who has confidential information that he
or she has received in the course of carrying out
duties under this Act must not, except to the
extent necessary to perform duties under this Act,
record, disclose, communicate or make use of that
information.
Penalty: 5 penalty units.
(3) Sub-section (2) does not prevent a person from—
(a) giving evidence or producing a document to
a court in the course of criminal proceedings
or proceedings under this Act, even though
the evidence or document contains
confidential information; or
(b) disclosing or communicating confidential
information in accordance with the written
authority of the Minister or the person to
whom the information relates; or
(c) disclosing or communicating confidential
information to the Ombudsman or the
Ombudsman's officers; or
(d) disclosing confidential information to the
extent specifically authorised by another Act.
s. 33
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Part 5—General
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
25
34. Organisations' rights of access to information
The Authority must disclose to an emergency
services and other related services organisation
any emergency related information or information
in relation to operational communications services
under the control of the Authority—
(a) that is relevant to the performance of that
organisation's functions; and
(b) the disclosure of which is requested by the
organisation.
35. Regulations
The Governor in Council may make regulations
for or with respect to any other matter or thing
required or permitted to be prescribed by this Act
or necessary to be prescribed to give effect to this
Act.
__________________
s. 34
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Victorian Legislation and Parliamentary Documents
Part 6—Amendment of the Emergency Management Act 1986
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
26
PART 6—AMENDMENT OF THE EMERGENCY
MANAGEMENT ACT 1986
36. Definitions
In section 4(1) of the Emergency Management
Act 1986 insert the following definition—
' "Emergency Services Telecommunications
Authority" has the same meaning as
"Authority" has in the Emergency Services
Telecommunications Authority Act 2004;'.
37. Functions of Emergency Services Commissioner
After section 21C(1)(a) of the Emergency
Management Act 1986 insert—
"(ab) to monitor and investigate the performance
(in matters that are not financial matters) of
the Emergency Services
Telecommunications Authority in relation to
the provision of services by the Authority to
emergency services and other related
services organisations;
(ac) to make recommendations to the Minister
about matters arising from any monitoring or
investigation of the Emergency Services
Telecommunications Authority;".
38. Powers in relation to the Emergency Services
Telecommunications Authority
At the end of section 21E of the Emergency
Management Act 1986 insert—
"(2) The Commissioner must from time to time,
arrange for the monitoring and investigation
of the performance (in matters that are not
financial matters) of the Emergency Services
Telecommunications Authority in relation to
the provision of services by the Authority to
See:
Act No.
30/1986.
Reprint No. 3
as at
30 June 2000
and
amending
Act Nos
74/2000 and
59/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 36
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Victorian Legislation and Parliamentary Documents
Part 6—Amendment of the Emergency Management Act 1986
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
27
emergency services and other related
services organisations.
(3) The Commissioner may make an
arrangement for the monitoring and
investigation of the performance of the
Emergency Services Telecommunications
Authority under sub-section (2) either—
(a) of his or her own motion; or
(b) at the request of the Minister; or
(c) at the request of an emergency services
and other related services organisation
to whom the Authority has provided
services.
(4) The Commissioner may make
recommendations to the Minister about any
matter arising from any monitoring or
investigation of the performance of the
Emergency Services Telecommunications
Authority under sub-section (2).".
39. Powers to obtain information
(1) In section 21F(1) of the Emergency
Management Act 1986—
(a) in paragraph (b), for "emergencies."
substitute "emergencies; or";
(b) after paragraph (b) insert—
"(c) to monitor or investigate the
performance of the Emergency Services
Telecommunications Authority under
this Part; or
s. 39
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Part 6—Amendment of the Emergency Management Act 1986
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
28
(d) to make recommendations to the
Minister about any matter arising from
any monitoring or investigation of the
performance of the Emergency Services
Telecommunications Authority under
this Part.".
(2) In section 21F(2) of the Emergency
Management Act 1986, for "sub-section (1)"
substitute "sub-section (1)(a) or (b)".
(3) After section 21F(2) of the Emergency
Management Act 1986 insert—
"(2A) Within 5 days of receiving a request under
sub-section (1)(c) or (d), the Emergency
Services Telecommunications Authority
must give the information to the
Commissioner, in the form requested by the
Commissioner, unless—
(a) the Commissioner has agreed to allow
an extension of time for the giving of
the information; or
(b) the Commissioner has agreed that the
Authority is not able to give the
information.
(2B) If the Commissioner reasonably believes that
it is urgent that information (that he or she
has required under sub-section (1)(c) or (d)
to be given) be given within a lesser time
than that specified in sub-section (2A), the
Commissioner may specify a lesser period
for the giving of the information and the
information must be given within the period
so specified.".
s. 39
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Part 6—Amendment of the Emergency Management Act 1986
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
29
(4) In section 21F(3) of the Emergency
Management Act 1986—
(a) after "sub-section (2)" insert "or (2A)";
(b) after "agency" insert "or Authority (as the
case requires)".
40. Insertion of new section 21J
After section 21I of the Emergency Management
Act 1986 insert—
'21J. Definition
In this Part, "emergency services and other
related services organisation" has the same
meaning as in the Emergency Services
Telecommunications Authority Act 2004.'.
__________________
s. 40
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Victorian Legislation and Parliamentary Documents
Part 7—Amendment of the Metropolitan Fire Brigades Act 1958
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
30
PART 7—AMENDMENT OF THE METROPOLITAN FIRE
BRIGADES ACT 1958
41. Receipt of alarm of fire
After section 32B(5) of the Metropolitan Fire
Brigades Act 1958 insert—
"(5A) For the purposes of this section, an alarm of
fire from the Emergency Services
Telecommunications Authority (within the
meaning of the Emergency Services
Telecommunications Authority Act 2004)
is to be taken not to have been received by a
particular unit until a message in the
prescribed form is received by the unit from
the Authority.".
__________________
See:
Act No.
6315.
Reprint No. 9
as at
3 November
2003
and
amending
Act Nos
50/1989,
12/2004 and
41/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 41
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Victorian Legislation and Parliamentary Documents
Part 8—Transitional Provisions—Abolition of Emergency Communications
Victoria
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
31
PART 8—TRANSITIONAL PROVISIONS—ABOLITION OF
EMERGENCY COMMUNICATIONS VICTORIA
42. Definitions
In this Part—
"commencement day" means the day on which
Part 2 comes into operation;
"old body" means Emergency Communications
Victoria;
"new body" means the Authority.
43. Transfer of property etc. from old body to new body
Except as otherwise provided in this Act, on and
from the commencement day—
(a) the old body is abolished and the Board of
Directors go out of office; and
(b) all rights, property and assets that,
immediately before the commencement day
were vested in the old body, vest in the new
body; and
(c) all debts, liabilities and obligations of the old
body existing immediately before the
commencement day become debts, liabilities
and obligations of the new body; and
(d) the new body is substituted as a party in any
proceedings pending in any court or tribunal
to which the old body was a party,
immediately before the commencement day;
and
(e) the new body is substituted as a party to any
contract or arrangement entered into by or on
behalf of the old body and in force
immediately before the commencement day;
and
s. 42
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Part 8—Transitional Provisions—Abolition of Emergency Communications
Victoria
Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
32
(f) any reference to the old body in any Act or
in any proclamation, Order in Council, rule,
regulations, order, agreement, instrument,
deed or other document, so far as it relates to
any period after the commencement day, and
if not inconsistent with the context or subject
matter, must be construed as a reference to
the new body.
44. Call taking and dispatch services—Rural
Ambulance Victoria
In the definition of "call taking and dispatch
services", the term "emergency services and other
related services organisation" is to be taken not to
include Rural Ambulance Victoria.
45. Repeal of section relating to Rural Ambulance
Victoria
Section 44 is repealed.
═══════════════
s. 44
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Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
33
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 11 November 2004
Legislative Council: 7 December 2004
The long title for the Bill for this Act was "to make provision for certain
emergency services telecommunications services and other
communications services by the establishment of an authority and other
related matters and for other purposes."
Endnotes
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Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
34
INDEX
Subject Section
Actamendments to other Acts 36–41
commencement 2
Crown bound by 4
purpose 1
transitional provisions 42–45
Advisory committee
Authority's consultation with, regard for advice of 7, 27
chairperson 21, 26
constitution 21
definition 3
functions 22
meetings 26
members 21, 24–25
reports by Authority to 23
Authority See Emergency Services
Telecommunications Authority
Call taking and dispatch services (def.) 3
Commissioner
See Emergency Services Commissioner
Definitions 3, 33, 42
Emergency Communications Victoria 3, 42–43
Emergency services and other related services
organisations
arrangements for provision of services to 29
definition 3
disclosure of information by Authority to 34
fees payable for services provided by Authority 31–32
nomination of members for advisory committee 21
provision of services by Authority to 28–30
Emergency Services Commissioner 30
Emergency Services Telecommunications Authority
chairperson 9, 12, 14
constitution 9
Crown represented by 6
delegation 19
disclosure of information 33–34
establishment 5
functions (general) 7
meetings 14, 17
members
acting appointments 12
appointment 9
definition 3
immunity 13
improper use of information 18
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Emergency Services Telecommunications Authority Act 2004
Act No. 98/2004
35
Subject Section
pecuniary interests 17
resignation and removal from office 11
terms and conditions of office 10
Ministerial directions to 20, 29
powers (general) 8
powers, functions, duties regarding
advisory committee 21–26
arrangements for provision of services 29
corporate plans 3, 27
fees 27, 31–32
provision of services 28
standards for services provided 30
resolutions without meetings 15
secrecy provisions 33
validity of decisions 16
Emergency telecommunications and other
communications services
definition 3
provision by Authority 28–32
Fees 27, 31–32
Minister
powers, duties regarding Authority 7, 9, 11, 12, 20, 27,
29, 31
Offences 17–18, 33
Operational communications services 3, 34
Regulations 35
Rural Ambulance Victoria 3, 44–45
Standards 23, 29, 30
Transitional provisions 42–45
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