FIRE AND EMERGENCY SERVICES BILL 2004

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Interpretation

4 Establishment of areas for fire and emergency services

5 Application of Act

Part 2—South Australian Fire and Emergency Services Commission

Division 1—Establishment of Commission

6 Establishment of Commission

7 Ministerial control

Division 2—Functions and powers of Commission

8 Functions and powers

9 Directions

Division 3—Constitution of board

10 Commission to be managed by a board

11 Constitution of the Board

12 Terms and conditions of membership

13 Vacancies or defects in appointment of members

14 Proceedings

15 Conflict of interest

Division 4—Chief Executive and staff

16 Chief Executive

17 Staff

Division 5—Advisory Board and committees

18 Advisory Board

19 Committees

Division 6—Delegation

20 Delegation

Division 7—Accounts, audits and reports

21 Accounts and audit

22 Annual reports

Division 8—Common seal and execution of documents

23 Common seal and execution of documents

Part 3—The South Australian Metropolitan Fire Service

Division 1—Continuation of service

24 Continuation of service

25 Constitution of SAMFS

Division 2—Functions and powers

26 Functions and powers

Division 3—Chief Officer and staff

27 Chief Officer

28 Deputy Chief Officer and Assistant Chief Officers

29 Other officers and firefighters

30 Employees

31 Staff

32 Workforce plans

33 Delegation

Division 4—Fire brigades

34 Fire brigades

Division 5—Fire and emergency safeguards

35 Interpretation and application

36 Power to enter and inspect a public building

37 Rectification where safeguards inadequate

38 Closure orders

39 Powers in relation to places at which danger of fire may exist

40 Related matters

Division 6—Powers and duties relating to fires and emergencies

Subdivision 1—Exercise of control at scene of fire or other emergency

41 Exercise of control at scene of fire or other emergency

Subdivision 2—Exercise of powers at scene of fire or other emergency

42 Powers

Subdivision 3—Related matters

43 Provision of water

44 Disconnection of gas or electricity

Division 7—Discipline

Subdivision 1—The Disciplinary Committee

45 The South Australian Metropolitan Fire Service Disciplinary Committee

Subdivision 2—Disciplinary proceedings

46 Chief Officer may reprimand

47 Proceedings before Disciplinary Committee

48 Suspension pending hearing of complaint

Subdivision 3—Appeals

49 Appeals

50 Representation of parties and costs

51 Participation of assessors in appeals

Division 8—Related matters

52 Accounts and audit

53 Annual reports

54 Common seal and execution of documents

55 UFU

56 Fire prevention on private land

Part 4—The South Australian Country Fire Service

Division 1—Continuation of service

57 Continuation of service

58 Constitution of SACFS

Division 2—Functions and powers

59 Functions and powers

Division 3—Chief Officer and staff

60 Chief Officer

61 Deputy Chief Officer and Assistant Chief Officers

62 Other officers

63 Employees

64 Staff

65 Workforce plans

66 Delegation

Division 4—SACFS regions

67 SACFS regions

Division 5—Organisational structure

68 Establishment of SACFS organisations

69 South Australian Volunteer Fire-Brigades Association

Division 6—Command structure

70 Command structure

Division 7—Fire prevention authorities

Subdivision 1—The South Australian Bushfire Prevention Advisory Committee

71 The South Australian Bushfire Prevention Advisory Committee

72 The Advisory Committee's functions

Subdivision 2—Regional and district bushfire prevention committees

73 Regional bushfire prevention committees

74 Functions of regional committees

75 District bushfire prevention committees

76 Functions of district committees

Subdivision 3—Fire prevention officers

77 Fire prevention officers

Division 8—Fire prevention

Subdivision 1—Fire danger season

78 Fire danger season

79 Fires during fire danger season

Subdivision 2—Total fire ban

80 Total fire ban

Subdivision 3—Permits

81 Permit to light and maintain fire

Subdivision 4—Power of direction

82 Power to direct

Subdivision 5—Duties to prevent fires

83 Private land

84 Council land

85 Crown land

Subdivision 6—Miscellaneous precautions against fire

86 Fire safety at premises

87 Removal of debris from roads

88 Fire extinguishers to be carried on caravans

89 Restriction on the use of certain appliances etc

90 Burning objects and material

91 Duty to report unattended fires

Subdivision 7—Supplementary provisions

92 Power of inspection

93 Delegation by councils

94 Failure by a council to exercise statutory powers

95 Endangering life or property

Division 9—Powers and duties relating to fires and emergencies

Subdivision 1—Exercise of control at scene of fire or other emergency

96 Exercise of control at scene of fire or other emergency

Subdivision 2—Exercise of powers at scene of fire or other emergency

97 Powers

Subdivision 3—Related matters

98 Provision of water

99 Disconnection of gas or electricity

Division 10—Related matters

100 Accounts and audit

101 Annual reports

102 Common seal and execution of documents

103 Fire control officers

104 Giving of expiation notices

105 Appropriation of penalties

Part 5—The South Australian State Emergency Service

Division 1—Continuation of service

106 Continuation of service

107 Constitution of SASES

Division 2—Functions and powers

108 Functions and powers

Division 3—Chief Officer and staff

109 Chief Officer

110 Deputy Chief Officer and Assistant Chief Officers

111 Other officers

112 Employees

113 Staff

114 Workforce plans

115 Delegation

Division 4—SASES units

116 SASES units

Division 5—Powers and duties relating to emergencies

Subdivision 1—Exercise of control at scene of emergency

117 Exercise of control at scene of emergency

Subdivision 2—Exercise of powers at scene of emergency

118 Powers

Subdivision 3—Related matter

119 Disconnection of gas or electricity

Division 6—Related matters

120 Accounts and audit

121 Annual reports

122 Common seal and execution of documents

123 S.A.S.E.S. Volunteers' Association Incorporated

Part 6—Miscellaneous

124 Investigations

125 Obstruction etc

126 Impersonating an emergency services officer etc

127 Protection from liability

128 Exemption from certain rates and taxes

129 Power to provide sirens

130 Provision of uniforms

131 Protection of names and logos

132 Attendance by police

133 Disclosure of information

134 Unauthorised fire brigades

135 Interference with fire plugs, fire alarms etc

136 False or misleading statements

137 Continuing offences

138 Offences by bodies corporate

139 Onus of proof

140 Evidentiary

141 Insurance policies to cover damage

142 Payment of costs and expenses for certain vessels and property

143 Fees

144 Services

145 Acting outside the State

146 Recognised interstate organisations

147 Inquests

148 Regulations

149 Review of Act

Schedule 1—Appointment and selection of assessors for District Court proceedings under Part 3

Schedule 2—Code of conduct to be observed by officers and firefighters for the purposes of Part 3

Schedule 3—Supplementary provisions relating to the South Australian Bushfire Prevention Advisory Committee

1 Terms and conditions of office

2 Quorum etc

3 Validity of acts

4 Conflict of interest

Schedule 4—Supplementary provisions relating to regional and district bushfire prevention committees

1 Interpretation

2 Terms and conditions of office

3 Constitution

4 Quorum etc

5 Conflict of interest

Schedule 5—Regulations

Schedule 6—Related amendments, repeals and transitional provisions

Part 1—Preliminary

1 Amendment provisions

Part 2—Amendment of Development Act 1993

2 Amendment of section 4—Definitions

3 Amendment of section 71—Fire safety

Part 3—Amendment of Electricity Act 1996

4 Amendment of section 53—Electricity entity may cut off electricity supply to avert damage

5 Amendment of section 54—Emergency legislation not affected

Part 4—Amendment of Emergency Services Funding Act 1998

6 Amendment of section 3—Interpretation

7 Amendment of section 28—The Community Emergency Services Fund

Part 5—Amendment of Essential Services Act 1981

8 Amendment of section 6—Power to require information

Part 6—Amendment of Gas Act 1997

9 Amendment of section 54—Emergency legislation not affected

Part 7—Amendment of Local Government Act 1999

10 Amendment of section 147—Rateability of land

Part 8—Amendment of Private Parking Areas Act 1986

11 Amendment of section 4—Interpretation

Part 9—Amendment of Summary Offences Act 1953

12 Amendment of section 83B—Dangerous areas

Part 10—Repeal of Acts

13 Repeal of Acts

Part 11—Transitional provisions

14 Special provisions relating to the repeal of the Country Fires Act 1989

15 Specific provisions relating to the repeal of the South Australian Metropolitan Fire Service Act 1936

16 Specific provisions relating to the repeal of the State Emergency Service Act 1987

17 Staff

18 Other provisions

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Fire and Emergency Services Act 2004.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Interpretation

(1) In this Act, unless the contrary intention appears—

associate member of the Board means a member of the Board appointed by the Governor under section 11(1)(e);

award includes—

(a) an award or order of the Industrial Relations Commission of South Australia; and

(b) an award or order of the Australian Industrial Relations Commission;

Board means the board established as the governing body of the Commission under Part 2 Division 3;

CE of the Commission means the person holding the office of Chief Executive of the Commission under Part 2 Division 4 and includes a person for the time being acting in that office;

Chief Officer of SACFS means the person holding the office of Chief Officer of SACFS under Part 4 Division 3 and includes a person for the time being acting in that office;

Chief Officer of SAMFS means the person holding the office of Chief Officer of SAMFS under Part 3 Division 3 and includes a person for the time being acting in that office;

Chief Officer of SASES means the person holding the office of Chief Officer of SASES under Part 5 Division 3 and includes a person for the time being acting in that office;

Commission means the South Australian Fire and Emergency Services Commission established under Part 2 Division 1;

council means a council constituted under the Local Government Act 1999;

country means any part of the State outside an SAMFS fire district;

department means the administrative unit designated from time to time by the Minister by notice in the Gazette as being the relevant department for the purposes of this Act;

District Court means the Administrative and Disciplinary Division of the District Court;

emergency means an event that causes, or threatens to cause—

(a) the death of, or injury or other damage to the health of, any person; or

(b) the destruction of, or damage to, any property; or

(d) harm to the environment, or to flora or fauna;

emergency services organisation means—

(a) SAMFS; or

(b) SACFS; or

emergency services sector comprises—

(a) the Commission; and

(b) SAMFS; and

(d) SASES;

ex officio member of the Board means a member of the Board who holds office ex officio under section 12(1);

fire control officer means a fire control officer appointed by the Chief Officer of SACFS under section 103;

fire danger season, in relation to a part of the State, means a fire danger season fixed for that part of the State under Part 4 Division 8;

fire district means a fire district established under section 4 for the purposes of the operations of SAMFS;

firefighter includes a control room operator;

fire-fighting means any activity directed towards—

(a) preventing, controlling or extinguishing fires;

(b) dealing with other emergencies that require SAMFS or SACFS to act to protect life, property or the environment;

fire prevention officer means a fire prevention officer appointed by a council under Part 4 Division 7 Subdivision 3 (and includes an assistant fire prevention officer);

forest reserve means a forest reserve under the Forestry Act 1950;

industrial agreement means—

(a) an enterprise agreement in force under the Industrial and Employee Relations Act 1994; or

(b) a certified agreement or an Australian workplace agreement in force under the Workplace Relations Act 1996 of the Commonwealth as amended from time to time;

LGA means the Local Government Association of South Australia;

misconduct, in relation to an officer or firefighter of SAMFS, means a contravention of or a failure to comply with the Code of Conduct set out in Schedule 2;

officer of an emergency services organisation means a person who is designated as an officer of that organisation within the command or organisational structure of the organisation;

owner—

(a) in relation to land alienated from the Crown in fee simple—means the owner of an estate in fee simple in the land;

(b) in relation to land held from the Crown by lease, licence or agreement to purchase—means the lessee, licensee or purchaser,

and includes the occupier;

private land means—

(a) land alienated from the Crown in fee simple; or

(b) land held from the Crown by lease, licence or agreement to purchase,

other than land under the care, control or management of a council or a Minister, agency or instrumentality of the Crown;

public sector agency means a public sector agency under the Public Sector Management Act 1995;

relative, in relation to a person, means the spouse, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person;

rescue means the safe removal of persons or animals from actual or threatened danger of physical harm;

rural council means a council whose area lies wholly or partially outside a fire district;

SACFS means the South Australian Country Fire Service under Part 4;

SACFS organisation means—

(a) an SACFS brigade; or

(b) an SACFS group;

SACFS region means a region established under Part 4 Division 4;

SAMFS means the South Australian Metropolitan Fire Service under Part 3;

SASES means the South Australian State Emergency Service under Part 5;

SASES unit means an SASES unit established under Part 5 Division 4;

spouse includes a putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975);

UFU means—

(a) the United Firefighters' Union of South Australia Incorporated; and

(b) the United Firefighters' Union of Australia (South Australian Branch);

vehicle includes an aircraft or vessel.

(2) For the purposes of this Act, bushfire prevention relates to any reasonable action that may be taken in the country areas of the State—

(a) to reduce or eliminate the risk of outbreak of bushfires; or

(b) to prevent or inhibit—

(i) the spread of any bushfire; or

(ii) any increase in the intensity or seriousness of any bushfire; or

(3) SACFS, the South Australian Bushfire Prevention Advisory Committee and any regional or district bushfire prevention committees constituted under Part 4 must, in the exercise and performance of powers and functions under this Act—

(a) have due regard to the impact of their actions on the environment; and

(b) seek to achieve a proper balance between bushfire prevention and proper land management in the country.

(4) For the purposes of this Act, a person is an associate of another person if—

(a) the other person is a relative of the person or of the person's spouse; or

(b) the other person—

(i) is a body corporate; and

(ii) the person or a relative of the person or of the person's spouse has, or 2 or more such persons together have, a relevant interest or relevant interests in shares in the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate; or

(c) the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or a body corporate referred to in subsubparagraph (ii) is a beneficiary; or

(d) the person is declared by the regulations to be an associate of the other person.

4—Establishment of areas for fire and emergency services

(1) The Commission may, by notice in the Gazette, establish a fire district or fire districts for the purposes of the operations of SAMFS.

(2) The Commission may, by notice in the Gazette—

(a) vary the boundaries of a fire district;

(b) abolish a fire district.

(3) Those parts of the State that lie outside a fire district will be taken to be the areas of the State that apply for the purposes of the operations of SACFS.

(4) In addition—

(a) SAMFS may act outside a fire district that applies under subsection (1), and SACFS may act outside an area that applies under subsection (3) (subject to any other provision made by this Act); and

(b) SAMFS and SACFS operations include acting in relation to any vessel.

(5) SASES may act in any part of the State (subject to any other provision made by this Act).

(6) Before a notice is published under subsection (1) or (2), the Commission must consult with—

(a) the Chief Officer of SAMFS; and

(b) the Chief Officer of SACFS.

5—Application of Act

(1) This Act is in addition to and does not limit, or derogate from, the provisions of any other Act.

(2) This Act does not apply in relation to the taking of measures to bring an industrial dispute to an end or to control civil disorders (but may apply in relation to any fire or other emergency arising during the course of an industrial dispute or any civil disorder).

Division 2—Functions and powers of Commission

8—Functions and powers

(1) The Commission has the following functions:

(a) to develop and maintain a strategic and policy framework across the emergency services sector;

(b) to develop and implement a framework of sound corporate governance across the emergency services sector;

(c) to ensure that appropriate strategic, administrative and other support services are provided to the emergency services organisations;

(d) to ensure that appropriate strategic and business plans are developed, maintained and implemented across the emergency services sector;

(e) to provide for the effective allocation of resources within the emergency services sector;

(f) to ensure that the emergency services organisations have appropriate systems and practices in place—

(i) to provide for effective management and planning; and

(ii) to monitor management performance against plans and targets, and to take corrective action as necessary;

(g) to ensure that the emergency services organisations maintain appropriate risk-management systems and practices;

(h) to ensure that the emergency services organisations regularly review, and revise as necessary, their plans, structures, systems, targets and practices to address changing circumstances and to improve the provision of emergency services and business practices;

(i) to ensure that the emergency services organisations meet their statutory responsibilities and comply with the provisions of this or any other relevant Act;

(j) to ensure the observance of high ethical standards within the emergency services sector;

(k) to foster and support career development opportunities for officers and staff within the emergency services sector;

(l) to support and encourage voluntary participation in SACFS and SASES, and to foster and support personal development opportunities for members of the emergency services organisations;

(m) to recognise outstanding achievements of persons who are involved in the provision of fire and emergency services, or who take action or assist at the scene of any fire or emergency or who otherwise support the objectives or activities of the emergency services sector (or any part of that sector), within any part of the State;

(n) to ensure that there is effective consultation with the community in relation to the operation of this Act;

(o) to disseminate knowledge in the field of fire and emergency services in order to advance community safety;

(p) to maintain an appropriate level of strategic liaison with the peak body responsible for the management of emergencies in the State;

(q) to provide regular reports to the Minister on the activities and performance of the emergency services sector;

(r) to provide to the Minister reports or advice in relation to the operation of this Act or the provision of emergency services under this Act;

(s) to perform any other function assigned to the Commission by or under this or any other Act.

(2) The Commission may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions.

(3) The Commission must prepare a charter relating to its functions and operations.

(4) The Commission must provide a copy of the charter to the Minister and ensure that it is publicly available.

9—Directions

(1) Subject to subsection (2), the Commission may, in performing its functions, give directions to SAMFS, SACFS or SASES.

(2) The Commission may not give a direction in relation to any matter concerning the procedures that are relevant to responding to an emergency situation or to dealing with any matter that may arise at the scene of an emergency.

Division 3—Constitution of board

10—Commission to be managed by a board

(1) The Commission is managed and administered by a board established as the governing body of the Commission under this Division.

(2) An act done or decision made by the Board in the management or administration of the affairs of the Commission (including by exercising any power of the Commission under this or any other Act) is an act or decision of the Commission.

11—Constitution of the Board

(1) The Board consists of the following members:

(a) the presiding member, being the person for the time being holding the position of Chief Executive of the Commission under Division 4; and

(b) the Chief Officer of SAMFS; and

(d) the Chief Officer of SASES; and

(e) 2 members appointed by the Governor on the recommendation of the Minister, being persons who, in the opinion of the Minister, are qualified for appointment to the board because of their knowledge of, or experience in, 1 or more of the fields of commerce, economics, finance, accounting, law or public administration.

(2) 1 of the persons appointed under subsection (1)(e) must be a member of the Public Service recommended by the Minister after taking into account any recommendation made by the chief executive of the department.

(3) At least 1 member of the Board must be a woman and at least 1 member must be a man.

(4) The Governor may appoint a suitable person to be the deputy of a member of the Board (including an ex officio member of the Board) and that person may, in the absence of that member, act as a member of the Board.

12—Terms and conditions of membership

(1) A member of the Board, other than an associate member, holds office ex officio.

(2) An associate member of the Board will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.

(3) The Governor may remove an associate member of the Board from office—

(a) for breach of, or non-compliance with, a condition of appointment; or

(b) for misconduct; or

(d) for failure or incapacity to carry out official duties satisfactorily.

(4) The office of an associate member of the Board becomes vacant if the member—

(a) dies; or

(b) completes a term of office and is not reappointed; or

(d) is removed from office under subsection (3).

13—Vacancies or defects in appointment of members

(1) An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

(2) On the office of an associate member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office.

14—Proceedings

(1) The presiding member will, if present at a meeting of the Board, preside at that meeting, and in the absence of that member, the members present (and voting) will decide who is to preside (and this person must be an ex officio member of the Board).

(2) 3 of the 4 ex officio members of the Board constitute a quorum of the Board.

(3) Each ex officio member of the Board present at a meeting of the Board has 1 vote on a matter arising for decision at the meeting and, if these votes are equal, the member of the Board presiding at the meeting may exercise a casting vote.

(4) An associate member of the Board does not have a vote at a meeting of the Board.

(5) A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—

(a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and

(b) each participating member is capable of communicating with every other participating member during the conference.

(6) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—

(a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and

(b) a majority of the ex officio members of the Board express concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution.

(7) The Board must have accurate minutes kept of its meetings.

(8) Subject to this Act, the Board may determine its own procedures.

15—Conflict of interest

(1) A member of the Board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Board—

(a) must, as soon as reasonably practicable, disclose in writing to the Board full and accurate details of the interest; and

(b) must not take part in any discussion by the Board relating to that matter; and

(d) must be absent from the meeting room when any such discussion or voting is taking place.

Maximum penalty: $20 000.

(2) Without limiting the effect of this section, a member will be taken to have an interest in a matter for the purposes of this section if an associate of the member has an interest in the matter.

(3) This section does not apply in relation to a matter in which a member has an interest by virtue of being the Chief Officer of an emergency services organisation.

(4) This section does not apply in relation to a matter in which a member has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.

(5) The Minister may, by notice published in the Gazette, exempt a member (conditionally or unconditionally) from the application of a provision of this section, and may, by further notice published in the Gazette, vary or revoke such an exemption.

(6) Non-compliance by a member with a duty imposed by this section constitutes a ground for removal of the member from office.

(7) If a member or former member is convicted of an offence for a contravention of this section, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the Minister—

(a) if the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and

(b) if the court is satisfied that any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.

(8) If a member or former member is guilty of a contravention of this section, the Minister may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—

(a) if the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and

(b) if any loss or damage has been suffered as a result of the contravention—compensation for the loss or damage.

Division 3—Chief Officer and staff

27—Chief Officer

(1) The office of Chief Officer of SAMFS is established (and a reference in this Part to the "Chief Officer" will be a reference to the Chief Officer of SAMFS).

(2) The Chief Officer will be appointed by the Minister after taking into account the recommendation of the CE of the Commission.

(3) The Chief Officer will be appointed on terms and conditions determined by the Minister after consultation with the Commissioner for Public Employment.

(4) In addition to the Chief Officer's responsibility for the management and administration of SAMFS, the Chief Officer has ultimate responsibility for the operations of SAMFS and may therefore—

(a) control all resources of SAMFS; and

(b) manage the staff of SAMFS and give directions to its members; and

(d) perform any other function or exercise any other power that may be conferred by or under this or any other Act, or that may be necessary or expedient for, or incidental to, maintaining, improving or supporting the operation of SAMFS.

28—Deputy Chief Officer and Assistant Chief Officers

(1) The Chief Officer may appoint a Deputy Chief Officer and 1 or more Assistant Chief Officers.

(2) The terms and conditions of an appointment under this section will be subject to the approval of the Commissioner for Public Employment after consultation with the Chief Officer and the Commission.

(3) The Deputy Chief Officer (if appointed) or, if necessary, an Assistant Chief Officer designated by the Minister, may, while the Chief Officer is absent from the duties of office or while the position of Chief Officer is temporarily vacant, perform and exercise the functions and powers of the Chief Officer (but not so as to act as a deputy member of the Board unless specifically appointed as deputy of the Chief Officer under section 11(4)).

29—Other officers and firefighters

(1) SAMFS will have such other officers and firefighters as the Chief Officer thinks fit to appoint.

(2) The following procedures will apply in relation to appointments under this section:

(a) if the Chief Officer wishes to appoint a person to a position under this section, the Chief Officer must first nominate that person for appointment;

(b) the Chief Officer must then give notice of the nomination to all officers and firefighters who are of the same rank as, or of a lower rank than, the position to which the Chief Officer wishes to make the appointment;

(c) an officer or firefighter who is entitled to notice of the nomination under paragraph (b) may, within 14 days after the notice is given, appeal against the nomination to the District Court;

(d) the Chief Officer may confirm the nomination if no appeal has been instituted under paragraph (c) but if an appeal is so instituted then the Chief Officer must comply with any direction given by the District Court in the matter;

(e) in relation to an appeal instituted under paragraph (c)—

(i) the District Court will sit with assessors selected in accordance with Schedule 1;

(ii) an appellant may appear personally or be represented by a member of an industrial association to which the appellant belongs or by a legal practitioner;

(iii) the Chief Officer may appear personally or be represented by another officer of SAMFS or, if an appellant is being represented by a legal practitioner, the Chief Officer may also be represented by a legal practitioner;

(iv) the District Court may, on hearing the appeal, confirm the appointment of the person who has been nominated or direct the Chief Officer to revoke the nomination and direct that an appellant be appointed to the position;

(v) in making its decision on an appeal, the District Court must have regard to the criteria (if any) relating to the appointment and promotion of officers or firefighters that are contained in an award or industrial agreement that applies in relation to the relevant position but, if no such criteria exist, the Court must have regard to the qualifications, aptitude and conduct of the person nominated for the position and of the appellant or appellants;

(vi) the District Court may, in connection with the proceedings, award costs against SAMFS but may not award costs against an appellant.

(3) For the purposes of subsection (2), notice of a nomination will be taken to have been given to an officer or firefighter if written notice of the nomination has been displayed for not less than 7 days in a prominent place in the fire station or workplace at which he or she is based.

(4) Subsection (2) does not apply in relation to the appointment of a person to the lowest rank in SAMFS.

(5) An appointment under this section will be on terms and conditions determined by the Chief Officer and approved by the Commission (subject to the provisions of any award or industrial agreement).

(6) Nothing in this section limits the ability of the Chief Officer to appoint a suitable person to act in an office or position while the person appointed to that office or position is absent or temporarily unable to act in that office or position, or while that office or position is temporarily vacant.

30—Employees

(1) The Chief Officer may appoint other persons as employees of SAMFS.

(2) An appointment under this section will be on terms and conditions determined by the Chief Officer and approved by the Commission (subject to the provisions of any award or industrial agreement).

31—Staff

(1) The staff of SAMFS will comprise all officers, firefighters and other employees of SAMFS.

(2) A member of the staff of SAMFS must comply with a direction of—

(a) the Chief Officer; or

(b) an officer—

(i) to whom the member of staff is responsible by virtue of this Act; or

(ii) who is in a position of authority over the member of staff by virtue of a determination of the Chief Officer.

(3) In addition, SAMFS may make use of the services of persons employed in any public sector agency made available to assist SAMFS.

32—Workforce plans

For the purposes of appointments to the staff of SAMFS under this Division—

(a) the Chief Officer must, at least once in every year, submit a workforce plan for approval by the Commission; and

(b) the Commission may approve a workforce plan submitted by the Chief Officer without amendment, or with any amendments determined by the Commission after consultation with the Chief Officer; and

(c) the Chief Officer must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission.

33—Delegation

(1) The Chief Officer may delegate a power or function of the Chief Officer or SAMFS under this or any other Act—

(a) to a member of the staff of SAMFS or to a person made available to assist SAMFS; or

(b) to a committee established under this Act; or

(d) to any other person or body.

(2) A delegation under this section—

(a) must be by instrument in writing; and

(b) may be absolute or conditional; and

(d) is revocable at will by the Chief Officer.

(3) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.

Division 5—Fire and emergency safeguards

35—Interpretation and application

(1) In this Division—

authorised officer means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this Division;

emergency refers only to an emergency constituted of or arising from the escape of any hazardous material, or a situation that involves imminent danger of such escape;

occupier in respect of a public building, includes any person apparently in charge of, or having the control and management of, the building;

public building includes any structure or place (whether permanent or temporary or fixed or moveable) that is enclosed or partly enclosed—

(a) to which admission is open to members of the public or restricted to persons who are members of a club or who possess any other qualification or characteristic and whether admission is or is not procured by the payment of money or on any other condition; or

(b) in which persons work under a contract of service.

(2) This Division applies only to a building, vehicle or place in a fire district.

36—Power to enter and inspect a public building

(1) The Chief Officer or an authorised officer may enter and inspect a public building for the purpose of determining whether there are adequate safeguards against, or in the event of, fire or other emergency.

(2) The Chief Officer or authorised officer—

(a) may exercise the powers conferred by subsection (1) at any reasonable time including any time when the building is open to the public; and

(b) may, if there is reason to believe that urgent action is required, use such force as is reasonable in the circumstances to enter and inspect the public building.

37—Rectification where safeguards inadequate

(1) If, after having inspected a public building, the Chief Officer or authorised officer is of the opinion that there are not adequate safeguards against, or in the event of, fire or other emergency as a result of—

(a) obstruction, closing or locking of an aisle, corridor, door, gangway, lobby, passage, exit, escape or any other means of egress from the building; or

(b) overcrowding of the building; or

he or she may do 1 or more of the following:

(d) using such force as is reasonably necessary, cause the aisle, corridor, door, gangway, lobby, passage, exit, escape or other means of egress from the building to be cleared, opened or unlocked (as the case requires);

(e) in the event of overcrowding, cause persons to be removed from the building;

(f) order the occupier to take specified action to rectify the situation within a specified period.

(2) A rectification order may be given orally or by notice in writing served on the occupier of the building.

(3) If a rectification order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building.

(4) If a notice containing a rectification order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 for the area in which the building is situated.

(5) If any matter or thing with respect to fire safety is regulated or required to be done under the Development Act 1993, a person may not be ordered under this section to do anything in relation to that matter or thing beyond what is necessary to achieve compliance with the requirements under that Act.

38—Closure orders

(1) If, after having inspected a public building, the Chief Officer or authorised officer is satisfied that the safety of persons in the public building cannot reasonably be ensured by other means, the Chief Officer or authorised officer—

(a) may order the occupier of the building to close the building immediately and for such period as the Chief Officer or authorised officer considers necessary (but not exceeding 48 hours) for the alleviation of the danger; or

(b) may, if a closure order cannot for any reason be given to the occupier, or if a closure order, having been given to the occupier, is not immediately obeyed, close the building for such period as the Chief Officer or authorised officer considers necessary (but not exceeding 48 hours) for the alleviation of the danger.

(2) A closure order may be given orally or by notice in writing served on the occupier of the building.

(3) If a closure order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building.

(4) If a closure order cannot for any reason be given to the occupier of the building, the Chief Officer or authorised officer must cause a written notice containing the order to be affixed in a prominent place near the main entrance to the building.

(5) The written notice containing a closure order must—

(a) describe the danger that, in the opinion of the Chief Officer or authorised officer, necessitates closure of the building; and

(b) state the period (not exceeding 48 hours) for which the building is to be closed.

(6) If a notice containing a closure order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 for the area in which the building is situated.

(7) When the Chief Officer or authorised officer is satisfied that the danger has been alleviated, he or she may rescind the order.

(8) If the Chief Officer or authorised officer is of the opinion that the danger cannot be, or has not been, alleviated within the period specified in the order, he or she may, after having given prior notice of his or her intention to do so to the occupier of the building, apply to the Magistrates Court for an order directing the occupier to close or keep closed, as the case requires, the building for such period as the Court considers necessary for the alleviation of the danger.

(9) The Magistrates Court may, on an application made under subsection (8)—

(a) grant the order, subject to such conditions as the Court sees fit to impose; or

(b) refuse to grant the order,

and make such other orders as it thinks fit.

(10) If an application is made under subsection (8) while a building is closed pursuant to this section, the closure of the building continues until the application is determined or withdrawn.

(11) The Chief Officer or authorised officer, or the occupier or owner of a building to which an order under subsection (9) applies, may apply to the Magistrates Court, at any time, for the order to be rescinded.

(12) The Magistrates Court may, on an application made under subsection (11), rescind or refuse to rescind the order to which that application relates and make such other orders as it thinks fit.

39—Powers in relation to places at which danger of fire may exist

(1) The Chief Officer or an authorised officer may, at any time and using such force as is reasonably required in the circumstances, enter and inspect any building, vehicle or place at or in which he or she has reason to believe explosives or any hazardous, combustible or flammable materials or substances are being kept or any conditions exist that are likely to be a source of danger to life or property in the event of fire, or are likely to cause an outbreak of fire.

(2) If the Chief Officer or authorised officer finds explosives or any hazardous, combustible or flammable materials or substances that are being kept in an unsafe manner or finds any conditions that are likely to be a source of danger to life or property in the event of fire, or likely to cause an outbreak of fire, the Chief Officer or authorised officer may—

(a) take action himself or herself to alleviate the danger;

(b) order the occupier or person apparently in charge of the building, vehicle or place to take specified action within a specified period to alleviate the danger.

(3) An order under this section may be given orally or by notice in writing served on the occupier or person apparently in charge of the building, vehicle or place.

(4) If an order under this section is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier or person apparently in charge of the building, vehicle or place.

40—Related matters

(1) The Chief Officer or an authorised officer may, when exercising powers conferred by this Division, be accompanied by 1 or more members of SAMFS or police officers as the Chief Officer or authorised officer thinks fit.

(2) A person must not fail to comply with—

(a) an order given by the Chief Officer or an authorised officer under this Division; or

(b) an order of the Magistrates Court under this Division.

Maximum penalty: $5 000.

Division 6—Powers and duties relating to fires and emergencies

Subdivision 1—Exercise of control at scene of fire or other emergency

41—Exercise of control at scene of fire or other emergency

(1) This section applies in relation to any situation that may involve an emergency.

(2) If—

(a) the situation—

(i) involves or arises from—

(A) a fire or a situation that involves imminent danger of fire; or

(B) the escape of any hazardous material or a situation that involves imminent danger of such an escape,

that occurs—

(D) on a vessel; or

(E) in the country in a situation where no member of SACFS has assumed control under Part 4; or

(ii) involves or arises from any other emergency or the imminent danger of any other emergency, wherever occurring, at which a person with lawful authority to assume control has not done so; and

(b) an SAMFS brigade has attended,

then the highest ranking officer of SAMFS in attendance may assume control (and all members of the brigade, and all other persons present at the scene, will be subject to his or her control).

(3) Nothing in this section—

(a) derogates from the powers of the Chief Officer of SAMFS to assume control of any operations; or

(b) prevents a member of SAMFS who has taken control of any operations surrendering control of those operations to any other person or body; or

(4) This section operates subject to the provisions of the Emergency Management Act 2004.

Subdivision 2—Exercise of powers at scene of fire or other emergency

42—Powers

(1) An officer of SAMFS may take, or cause to be taken, any action that appears necessary or desirable for the purpose of protecting the life, health or safety of any person or animal, or protecting property, relevant services or the environment, or for any other purpose associated with dealing with a fire or other emergency or the threat of a fire or other emergency (despite the fact that the action may result in damage to, or destruction of, property or any aspect of the environment or cause pecuniary loss to any person).

(2) Without limiting or derogating from the operation of subsection (1), an officer under subsection (1), or any person acting under the command of an officer, may (to such extent as appears necessary or desirable in the circumstances)—

(a) enter and, if necessary, break into any land, building, structure or vehicle (using such force as is necessary);

(b) take possession of, protect or assume control over any land, body of water, building, structure, vehicle or other thing;

(c) remove or destroy, or order the destruction of, any building, structure, vehicle, vegetation or seriously injured animal;

(d) direct the owner of, or the person for the time being in charge of, any real or personal property to place it under the control or at the disposition of a specified person;

(e) remove, or cause to be removed, to such place as the officer or other person thinks fit, any person or animal, or direct the evacuation or removal of any person or animal;

(f) direct or prohibit the movement of persons, animals or vehicles;

(g) remove flammable material or any other hazardous material, or cause flammable material or any other hazardous material to be removed, from any place, building or structure;

(h) cause any supply of fuel or other flammable liquid, any gas or electricity, or any other hazardous material, to be shut off or disconnected;

(i) direct a person who is in a position to do so—

(i) to stop any work or operation; or

(ii) to close any premises or other place; or

(iii) to contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or

(iv) to shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device;

(j) take and use water or any other fire extinguishing material from any place;

(k) shut off, or cut off, the supply of water or any drainage facility;

(l) make use of the gratuitous services of any person;

(m) direct, insofar as may be reasonably necessary in the circumstances, any person to assist in the exercise of any power under this section;

(n) cause another fire to be lit (despite any other provision of this Act);

(o) exercise any prescribed power.

(3) In the absence of an officer, the powers of an officer under subsection (1) or (2) may be exercised by a firefighter.

(4) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of an officer of SAMFS or of any other person given in accordance with subsection (1) or (2).

Maximum penalty:

(a) if the offender is a body corporate—$75 000;

(b) if the offender is a natural person—$20 000.

(5) If an officer of SAMFS in control at the scene of a fire or other emergency engages a contractor to demolish, contain, neutralise, dispose of or remove any dangerous or hazardous structure, object, substance or materials, the costs of engaging the contractor are recoverable by SAMFS as a debt from the owner of the dangerous structure, object, substance or materials in a court of competent jurisdiction.

(6) If any proceedings under subsection (5), a certificate apparently signed by the Chief Officer certifying the costs of engaging the contractor is, in the absence of proof to the contrary, to be accepted as proof of the costs so certified.

(7) This section operates subject to the provisions of the Emergency Management Act 2004.

Subdivision 3—Related matters

43—Provision of water

(1) A water authority for an area in which a fire or other emergency has occurred, or is in imminent danger of occurring, must, at the direction of a person who is lawfully dealing with the situation under this Division, send a competent person to assist in the provision of water.

(2) In this section—

water authority means a body brought within the ambit of this definition by the regulations.

44—Disconnection of gas or electricity

A person or company supplying gas or electricity to any premises or other place where a fire or other emergency has occurred, or is in imminent danger of occurring, must, at the direction of a person who is lawfully dealing with the situation under this Division, send a competent person to shut off or disconnect the supply of gas or electricity to the premises or other place, or to any adjacent premises or place (and the person so attending must then comply with any direction that may be given in the exercise of powers under this Division).

Division 7—Discipline

Subdivision 1—The Disciplinary Committee

45—The South Australian Metropolitan Fire Service Disciplinary Committee

(1) The South Australian Metropolitan Fire Service Disciplinary Committee continues in existence.

(2) The Committee will consist of the following members appointed by the Governor:

(a) a legal practitioner of not less than 7 years standing who will be the presiding member and will be appointed on the nomination of the Minister;

(b) an officer appointed on the nomination of the Chief Officer of SAMFS;

(d) a firefighter appointed on the nomination of UFU.

(3) The Minister must consult the Chief Officer and UFU before nominating the presiding officer.

(4) For the purpose of hearing a complaint against a member of SAMFS the Committee will be constituted of—

(a) the presiding member; and

(b) the member nominated by the Chief Officer; and

(i) if the person whose conduct is the subject of the complaint is an officer—the officer nominated by UFU; or

(ii) if the person whose conduct is the subject of the complaint is a firefighter—the firefighter nominated by UFU.

(5) A question arising before the Committee will be determined in accordance with the opinion of a majority of the members constituting the Committee.

(6) A person against whom a complaint has been made by the Chief Officer to the Committee may, if he or she wishes, be represented before the Committee by a member of the industrial association to which he or she belongs or, with approval of the Committee, by a legal practitioner.

(7) If the person against whom a complaint has been made by the Chief Officer to the Committee is represented before the Committee by a legal practitioner, the Chief Officer may be represented in those proceedings by a legal practitioner but otherwise the Chief Officer will be represented by an officer of SAMFS.

(8) The Committee may order SAMFS to pay such allowances and expenses as the Committee thinks fit to a person (other than a person who is a party to proceedings before the Committee) who has attended and given evidence in proceedings before the Committee and the amount ordered to be paid may be recovered from SAMFS as a debt.

(9) A member of the Committee shall be entitled to such remuneration, allowances and expenses as are determined by the Governor.

Subdivision 2—Disciplinary proceedings

46—Chief Officer may reprimand

If, after making a full inquiry, the Chief Officer is satisfied that an officer or firefighter of SAMFS has been guilty of misconduct, the Chief Officer may reprimand the officer or firefighter.

47—Proceedings before Disciplinary Committee

(1) The Disciplinary Committee will, on complaint made by the Chief Officer, investigate any alleged misconduct on the part of an officer or firefighter of SAMFS or, if an officer or firefighter has been convicted of an offence punishable by imprisonment, determine what penalty (if any) should be imposed on the officer or firefighter in relation to the conduct that comprised the offence.

(2) If the Committee finds that an officer or firefighter has been guilty of misconduct or has been convicted of an offence punishable by imprisonment, it may impose 1 or more of the following penalties:

(a) it may reprimand him or her;

(b) it may reduce him or her in rank for a period determined by the Committee;

(d) it may dismiss him or her.

48—Suspension pending hearing of complaint

(1) The Chief Officer may suspend from office an officer or firefighter against whom the Chief Officer has made a complaint to the Disciplinary Committee.

(2) A person suspended under subsection (1) will be suspended on full pay and the suspension will not operate after the complaint has been finally determined by the Committee or the District Court.

Subdivision 3—Appeals

49—Appeals

(1) An officer or firefighter who is aggrieved by a decision of the Disciplinary Committee or the Chief Officer pursuant to Subdivision 2 may appeal to the District Court.

(2) An appeal must be instituted within 14 days of the decision appealed against.

(3) The Chief Officer is entitled to appear and be heard on an appeal.

50—Representation of parties and costs

(1) In any proceedings before the District Court on an appeal—

(a) the appellant may appear personally or be represented by a member of an industrial association to which the appellant belongs or by a legal practitioner;

(b) the Chief Officer may appear personally or be represented by another officer of SAMFS or, if the appellant is represented by a legal practitioner, the Chief Officer may also be represented by a legal practitioner.

(2) The District Court may, in proceedings before it under this subdivision, award costs against SAMFS but may not award costs against the appellant.

51—Participation of assessors in appeals

In any proceedings under this subdivision, the District Court will sit with assessors selected in accordance with Schedule 1.

Division 8—Related matters

52—Accounts and audit

(1) SAMFS must keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year.

(2) The Auditor-General must audit the annual statements of account required under this section.

53—Annual reports

(1) SAMFS must, on or before 30 September in each year, deliver to the Commission a report on the activities of SAMFS during the preceding financial year (and need not provide a report under section 6A of the Public Sector Management Act 1995).

(2) The report must—

(a) include the audited statements of account required under this Division; and

(b) include any other information that would be required if SAMFS were reporting under the Public Sector Management Act 1995; and

54—Common seal and execution of documents

(1) The Chief Officer may—

(a) execute a document on behalf of SAMFS; and

(b) affix the common seal of SAMFS to a document.

(2) The Chief Officer may, by instrument in writing, authorise another person to exercise a power under subsection (1) subject to conditions and limitations (if any) specified in the instrument for authority.

(3) Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of SAMFS.

(4) A document is duly executed by SAMFS if—

(a) the common seal of SAMFS is affixed to the document in accordance with this section; or

(b) the document is signed on behalf of SAMFS by a person or persons in accordance with any authority conferred under this section.

(5) Where an apparently genuine document purports to bear the common seal of SAMFS, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of SAMFS has been duly affixed to that document.

55—UFU

The associations comprising UFU are recognised as associations that represent the interests of career firefighters.

56—Fire prevention on private land

(1) In this section—

authorised person means an authorised person under the Local Government Act 1999;

flammable undergrowth includes undergrowth that is likely to become flammable.

(2) If a council believes that conditions on private land in a fire district are such as to cause an unreasonable risk of the outbreak of fire on the land, or the spread of fire through the land, due to the presence of flammable undergrowth or other flammable or combustible materials or substances, the council may, by notice in writing that complies with any prescribed requirement, require the owner to take specified action to remedy the situation within such time as may be specified in the notice.

(3) A notice under subsection (2) may include directions concerning the storage of flammable or combustible materials or substances on the land (or in a building on the land).

(4) A person to whom a notice under subsection (2) is addressed must not fail to comply with the notice.

Maximum penalty:

(a) in the case of a person who wilfully fails to comply with a notice—$10 000;

(b) in any other case—$1 250.

Expiation fee: except in the case of a person who wilfully fails to comply with a notice—$160.

(5) The council may, by further notice in writing, vary or revoke a notice under this section.

(6) A notice under subsection (2) or (5) may be given—

(a) personally; or

(b) by post; or

(c) if the council cannot, after making reasonable inquiries, ascertain the name and address of the person to whom the notice is to be given—

(i) by publishing the notice in a newspaper circulating in the area of the land; and

(ii) by leaving a copy of the notice in a conspicuous place on the land.

(7) If a notice under subsection (2) or (5) is directed to the occupier of land, the council must take reasonable steps to serve a copy of the notice on the owner.

(8) Service under subsection (7) may be effected—

(a) personally; or

(b) by post.

(9) An authorised person may, for purposes connected with the administration or enforcement of this section, after giving reasonable notice to the occupier of land, enter and inspect the land.

(10) If a person fails to comply with the requirements of a notice under this section, the council may proceed to carry out those requirements and may recover the expenses incurred as a debt due to it from the person to whom the notice was addressed.

(11) Any expenses recoverable under subsection (10) will be a charge against the land to which they relate and may be recovered as if they were rates in arrears.

(12) A person to whom notice is addressed may appeal against a requirement of the notice to the District Court.

(13) An appeal must be instituted within 14 days of the requirement being imposed.

(14) The appellant must send a copy of the notice of appeal to the council that issued the notice to which the appeal relates.

(15) If the District Court confirms, varies or substitutes a requirement, the person to whom the requirement is addressed must comply with the requirement within a period specified by the District Court.

Maximum penalty: $10 000 or imprisonment for 2 years.

Division 3—Chief Officer and staff

60—Chief Officer

(1) The office of Chief Officer of SACFS is established (and a reference in this Part to the "Chief Officer" will be a reference to the Chief Officer of SACFS).

(2) The Chief Officer will be appointed by the Minister after taking into account the recommendation of the CE of the Commission.

(3) The Chief Officer will be appointed on terms and conditions determined by the Minister after consultation with the Commissioner for Public Employment.

(4) In addition to the Chief Officer's responsibility for the management and administration of SACFS, the Chief Officer has ultimate responsibility for the operations of SACFS and may therefore—

(a) control all resources of SACFS; and

(b) manage the staff of SACFS and give directions to its members; and

61—Deputy Chief Officer and Assistant Chief Officers

(1) The Chief Officer may appoint a Deputy Chief Officer and 1 or more Assistant Chief Officers.

62—Other officers

(1) SACFS will have such other officers (other than officers who hold office as volunteer members of SACFS organisations) as the Chief Officer thinks fit to appoint.

(2) An appointment under this section will be on terms and conditions determined by the Chief Officer and approved by the Commission (subject to the provisions of any award or industrial agreement).

(3) Nothing in this section limits the ability of the Chief Officer to appoint a suitable person to act in an office or position while the person appointed to that office or position is absent or temporarily unable to act in that office or position, or while that office or position is temporarily vacant.

63—Employees

(1) The Chief Officer may appoint other persons as employees of SACFS.

(2) An appointment under this section will be on terms and conditions determined by the Chief Officer and approved by the Commission (subject to the provisions of any award or industrial agreement).

64—Staff

(1) The staff of SACFS will comprise all officers (being officers appointed to the staff of SACFS rather than being volunteer members of SACFS organisations) and other employees of SACFS.

(2) A member of the staff of SACFS must comply with a direction of—

(a) the Chief Officer; or

(b) an officer—

(i) to whom the member of staff is responsible by virtue of this Act; or

(ii) who is in a position of authority over the member of staff by virtue of a determination of the Chief Officer.

(3) In addition, SACFS may make use of persons employed in any public sector agency made available to assist SACFS.

65—Workforce plans

For the purposes of appointments to the staff of SACFS under this Division—

(a) the Chief Officer must, at least once in every year, submit a workforce plan for approval by the Commission; and

(b) the Commission may approve a workforce plan submitted by the Chief Officer without amendment, or with any amendments determined by the Commission after consultation with the Chief Officer; and

(c) the Chief Officer must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission.

66—Delegation

(1) The Chief Officer may delegate a power or function of the Chief Officer or SACFS under this or any other Act—

(a) to a member of the staff of SACFS or to a person made available to assist SACFS; or

(b) to a member of an SACFS organisation; or

(d) to a person for the time being holding or acting in a particular office or position; or

(e) to any other person or body.

(2) A delegation under this section—

(a) must be by instrument in writing; and

(b) may be absolute or conditional; and

(d) is revocable at will by the Chief Officer.

(3) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.

Division 7—Fire prevention authorities

Subdivision 1—The South Australian Bushfire Prevention Advisory Committee

71—The South Australian Bushfire Prevention Advisory Committee

(1) The South Australian Bushfire Prevention Advisory Committee continues in existence.

(2) The Advisory Committee consists of—

(a) the Chief Officer of SACFS; and

(b) the following members appointed by the Governor:

(i) 2 representatives of local government nominated by the LGA;

(ii) a nominee of the South Australian Volunteer Fire-Brigades Association;

(iii) a nominee of the South Australian Farmers Federation Incorporated;

(iv) a nominee of the Conservation Council of South Australia;

(v) a nominee of the Minister, being a person with expertise in bushfire prevention;

(vi) a nominee of the Minister responsible for the administration of the National Parks and Wildlife Act 1972, being an officer of the National Parks and Wildlife Service;

(vii) a nominee of the Minister with primary responsibility for forests;

(viii) a nominee of the Minister with primary responsibility for water resources;

(ix) a nominee of the Minister with primary responsibility for agriculture;

(x) a nominee of the Minister responsible for the administration of the Electricity Act 1996;

(xi) a nominee of SAMFS;

(xii) a nominee of the Bureau of Meteorology.

(3) The Governor may appoint a suitable person to be a deputy of a member of the Advisory Committee.

(4) 1 of the members of the Advisory Committee will be appointed by the Governor to be its presiding member.

(5) Schedule 3 applies in relation to the Advisory Committee.

72—The Advisory Committee's functions

The Advisory Committee has the following functions:

(a) to advise the Minister on bushfire prevention in the country;

(b) to provide a forum for discussion of issues relating to bushfire prevention;

(d) to carry out any other function assigned to the Advisory Committee by the regulations.

Subdivision 2—Regional and district bushfire prevention committees

73—Regional bushfire prevention committees

(1) The Chief Officer may, by notice in the Gazette, establish a regional bushfire prevention committee in relation to an SACFS region.

(2) A regional bushfire prevention committee will consist of—

(a) the regional officer for that region; and

(b) the following members appointed by the Chief Officer:

(i) 2 representatives of SACFS groups in the region, selected in accordance with the regulations; and

(ii) 2 representatives of the councils whose areas lie wholly or partially within the region, selected by those councils in accordance with the regulations; and

(iii) a nominee of the South Australian Farmers Federation Incorporated; and

(iv) a nominee of the Conservation Council of South Australia; and

(v) a nominee of the Minister responsible for the administration of the National Parks and Wildlife Act 1972, being an officer of the National Parks and Wildlife Service; and

(vi) if there is a forest reserve (or part of a forest reserve) within the region—a nominee of the Minister with primary responsibility for forests; and

(vii) any person nominated under subsection (3).

(3) The Chief Officer may, at the request of a regional bushfire prevention committee, appoint to the committee a nominee of any other organisation or agency that, in the opinion of the committee, should be represented on the committee.

(4) The Chief Officer may appoint a suitable person to be a deputy of a member of a regional bushfire prevention committee.

(5) The Chief Officer may, by notice in the Gazette, dissolve a regional bushfire prevention committee established under this section.

(6) Schedule 4 applies in relation to a regional bushfire prevention committee.

74—Functions of regional committees

(1) A regional bushfire prevention committee has the following functions:

(a) to assess the extent of fire hazards within its region;

(b) to co-ordinate bushfire prevention planning for its region;

(c) to make recommendations to the appropriate authorities in relation to the carrying out of works to prevent the outbreak or spread of bushfires in its region, or on land adjacent to its region;

(d) to consult with other committees in adjacent regions and to co-operate with district bushfire prevention committees in its region;

(e) to advise the Advisory Committee on any matters that should, in the opinion of the committee, be brought to the attention of the Advisory Committee;

(f) to carry out any other functions assigned to the committee by the regulations.

(2) A regional bushfire prevention committee must, in the preparation of plans and the making of recommendations under subsection (1)(c), take into account proper land management principles.

75—District bushfire prevention committees

(1) A rural council, or 2 or more rural councils acting together, must, by notice in the Gazette, establish a district bushfire prevention committee in relation to its area or their areas.

(2) A district bushfire prevention committee will consist of—

(a) the fire prevention officer or officers of the council or councils; and

(b) the following persons appointed by the council or councils:

(i) 1 representative of each SACFS brigade operating in the area or areas, selected in accordance with the regulations; and

(ii) 2 representatives of the council, or of each council; and

(iii) if there is a reserve (or part of a reserve) administered under the National Parks and Wildlife Act 1972 within the area or areas—an officer of the National Parks and Wildlife Service nominated by the Minister responsible for the administration of that Act; and

(iv) if there is a forest reserve (or part of a forest reserve) within the area or areas—a nominee of the Minister with primary responsibility for forests; and

(v) any person nominated under subsection (3).

(3) The council or councils may, at the request of the district bushfire prevention committee, appoint to the committee a nominee of any other organisation or agency that, in the opinion of the committee, should be represented on the committee.

(4) The council or councils may appoint a suitable person to be a deputy of a member of a district bushfire prevention committee.

(5) A council may, by notice in the Gazette, dissolve a district bushfire prevention committee established under this section (but in that event the council must undertake, or participate in, the establishment of a new committee).

(6) The Chief Officer may, after consultation with a rural council, exempt a council from a requirement of this section.

(7) Schedule 4 applies in relation to a district bushfire prevention committee.

76—Functions of district committees

(1) A district bushfire prevention committee has the following functions:

(a) to assess the extent of fire hazards within its area;

(b) to advise the appropriate authorities of the existence of fire hazards within its area and to make recommendations in relation to their removal;

(d) to consult with other committees in adjacent areas and to co-operate with any regional bushfire prevention committee whose region includes its area;

(e) to advise the council or councils, the Chief Officer, the Advisory Committee, any regional bushfire prevention committee whose region includes its area, and any other appropriate authority, on bushfire prevention in its area;

(f) to carry out any other functions assigned to the committee by the regulations.

(2) A district bushfire prevention committee must, in the preparation of bushfire prevention plans under subsection (1)(c), take into account proper land management principles.

Subdivision 3—Fire prevention officers

77—Fire prevention officers

(1) Subject to this section, each rural council must appoint a suitably qualified fire prevention officer for its area.

(2) A rural council may appoint 1 or more assistant fire prevention officers.

(3) The office of fire prevention officer or assistant fire prevention officer may be held in conjunction with any other office or position on the staff of the council.

(4) A fire prevention officer may delegate powers or functions under this Act (including, as may be appropriate, delegated powers or functions).

(5) A delegation under subsection (4) is revocable at will and does not derogate from the powers of the delegator to act in any matter.

(6) The Chief Officer may, after consultation with a rural council, exempt a council from a requirement of this section.

Division 8—Fire prevention

Subdivision 1—Fire danger season

78—Fire danger season

(1) The Chief Officer may, by order—

(a) fix a fire danger season in relation to the whole, or any part, of the State; or

(b) revoke any such order previously made.

(2) A fire danger season will only be fixed under subsection (1) after consultation with the appropriate regional bushfire prevention committee or committees (if any).

(3) An order under this section must be published in the Gazette and in a newspaper circulating generally throughout the State, or in the locality to which the order relates.

79—Fires during fire danger season

(1) Subject to subsection (2), a person must not light or maintain a fire in the open air during the fire danger season.

Maximum penalty:

(a) for a first offence—$5 000 or imprisonment for 1 year;

(b) for a second or subsequent offence—$10 000 or imprisonment for 2 years.

Expiation fee: if the offence is a prescribed offence—$210.

(2) A fire may, subject to any other restrictions imposed under this or any other Act, be lighted or maintained in the open air in the following circumstances:

(a) a fire for cooking or personal comfort may be lighted or maintained provided that—

(i) the fire is contained in a properly constructed fire place, a portable cooking appliance or a trench at least 30 cm deep; and

(ii) the space immediately around and above the fire is cleared of all flammable material to a distance of at least 4 metres; and

(iii) the fire does not occupy an area in excess of one square metre; and

(iv) a person who is able to control the fire is present at the site of the fire from the time it is lighted to the time it is completely extinguished; and

(v) an appropriate agent adequate to extinguish the fire is at hand;

(b) a fire for the burning of refuse may be lighted or maintained provided that—

(i) the fire is contained within a properly constructed incinerator; and

(ii) the space immediately around and above the fire is cleared of all flammable material to a distance of at least 4 metres; and

(iii) a supply of water adequate to extinguish the fire is at hand; and

(iv) a person who is able to control the fire is present at the site of the fire from the time it is lighted to the time it is completely extinguished;

(c) a fire for heating bitumen, welding, gas-cutting, soldering, grinding or charring may be lighted or maintained provided that—

(i) a shield or guard of fire-resistant material is positioned around the fire to prevent the escape of sparks, hot metal or slag; and

(ii) the space immediately around and above the fire is cleared of all flammable material to a distance of at least 4 metres, or wetted sufficiently to prevent the spread of fire; and

(iii) a supply of water adequate to extinguish the fire is at hand; and

(iv) if any equipment is removed from the fire, the equipment is immediately placed in a fire-proof receptacle; and

(v) a person who is able to control the fire is present at the site of the fire from the time it is lighted to the time it is completely extinguished;

(d) a fire may be lighted and maintained in accordance with the conditions of a permit;

(e) a fire may be lighted and maintained in accordance with the regulations.

(3) The Chief Officer may, by notice in the Gazette—

(a) prohibit or restrict the lighting and maintaining of fires under subsection (2)(a), (b) or (c) in the whole or a specified part of the State;

(b) vary or revoke any such prohibition or restriction.

(4) A prohibition or restriction will not be imposed under subsection (3) except after consultation with the councils for the areas affected by it.

(5) The fact that a person has lit and maintained a fire under subsection (2) does not of itself relieve the person from liability for any loss or damage caused by the fire.

Subdivision 2—Total fire ban

80—Total fire ban

(1) The Chief Officer may at any time of the year impose a ban (a total fire ban) on the lighting or maintaining of fires in the open air for any purpose on a specified day or days, or during any specified part or parts of a day or days, throughout the whole State, or any specified part of the State.

(2) The Chief Officer must arrange to have a warning of the imposition of a total fire ban under this section broadcast from a radio station in the State.

(3) Subject to subsection (4), a person must not light or maintain a fire in the open air contrary to the terms of a warning broadcast under this section.

Maximum penalty:

(a) for a first offence—$10 000 or imprisonment for 2 years;

(b) for a second or subsequent offence—$20 000 or imprisonment for 4 years.

(4) This section does not prevent the lighting or maintaining of a fire—

(a) in circumstances permitted by the regulations; or

(b) if the lighting or maintaining of the fire is authorised by a permit issued under this Act.

(5) The Chief Officer may, by further broadcast from a radio station in the State, vary or revoke a warning broadcast under this section.

(6) In any proceedings for an offence against this section, a document apparently signed by the Chief Officer, and certifying that a warning in the terms specified in the certificate was broadcast from a broadcasting station in this State on a date and at a time specified in the certificate, is, unless the contrary is proved, to be accepted as proof of the matters so certified.

Subdivision 3—Permits

81—Permit to light and maintain fire

(1) An authorised officer may issue a permit authorising a person to light or maintain a fire in the open air in circumstances in which the lighting or maintaining of the fire would otherwise be unlawful by virtue of this Part.

(2) An application for a permit must be made in the prescribed manner and form.

(3) A permit must not be issued under this section unless the authorised officer is satisfied that—

(a) the lighting or maintaining of the fire is, in all the circumstances of the case, justified; and

(b) adequate precautions will be taken to prevent the spread of fire.

South Australian Bills

FIRE AND EMERGENCY SERVICES BILL 2004