Australian Capital Territory Bills Explanatory Statements
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EMERGENCIES (ESA) AMENDMENT BILL 2009
2009
THE
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
EMERGENCIES (ESA)
AMENDMENT BILL 2009
EXPLANATORY
STATEMENT
Authorised by:
Mr Brendan Smyth MLA
EMERGENCIES (ESA) AMENDMENT BILL
2009
Overview of Bill
The purpose of this Bill is to establish a statutory authority to manage
emergency services in the ACT. This authority will be established in the
Emergencies Act 2004.
Notes on key
clauses
Clause 5
This clause implements a new Chapter 2 into the Act. Within this
Chapter:
Section 7
Section 7 establishes the ACT Emergency Services Authority.
Section 8
Section 8 establishes a governing board to manage the affairs of the
authority.
Section 9
Section 9 provides for a board of seven members. These members will be the
chief officer of each of the four emergency services and the chief police
officer; in addition, the Minister will appoint two other members, one of whom
shall be the chair of the board.
Section 10
Section 10 provides that the chief executive officer of the authority shall
be a non-voting member of the board.
Section 11
Section sets out the functions to be performed by the authority. These are
essentially high level functions, in that the management of each emergency
service is the responsibility of the chief officer of each emergency
service.
Important functions to be performed by the authority will be to
ensure that each emergency service has appropriate management and administration
processes in place. As well, the authority will be responsible for implementing
programs to make sure that the community is educated about the activities of the
emergency services. These education programs also will ensure that people
within the community recognise their own responsibilities when preparing for and
responding to emergencies.
Section 12
Section 12 requires the authority to ensure that activities undertaken by
the different emergency services use common systems, process and services to the
greatest extent possible.
Section 15
Section 15 provides the authority with the power to make guidelines for the
organisation and operation of the authority and for each of the emergency
services.
In situations where the authority considers that guidelines
should be notified, these guidelines will be subject to the scrutiny of the
appropriate committee of the Legislative Assembly.
Section 18
Section 18 provides that the Minister may give directions to the
authority.
Section 20
Section 20 requires the authority to prepare an annual
report.
Clauses 6 – 17
These clauses establish that the Executive, after conducting appropriate
consultations, will appoint the chief officers of each emergency service. The
extent of the consultations shall be as decided by the Executive, taking into
account the nature of the position being filled.
The consultations to be
undertaken by the Executive may be with relevant people within the ACT public
service, from expert groups in the ACT such as the bushfire council, within
emergency services in other jurisdictions in Australia, with experts in
particular fields and with people from other countries. The purpose of these
consultations shall be to ensure that the appointment of the chief officer of
each emergency service to be the best available person for that
position.
Clause 18
Clause 18 provides for the authority to appoint people as deputy chief
officers after appropriate consultations have been undertaken.
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