Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Emergency Management (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF THE EMERGENCY
MANAGEMENT ACT 1986 3
3. Principal Act 3
4. Definitions 3
5. Chairperson of Council 4
6. Insertion of new Part 4A 4
PART 4A--STANDARDS FOR THE PREVENTION AND
MANAGEMENT OF EMERGENCIES 4
21B. Emergency Services Commissioner 4
21C. Functions and powers of the Commissioner 4
21D. Commissioner to prepare standards 5
21E. Commissioner to monitor standards 5
21F. Power to require information to be given 5
21G. Constraints on access to information not to apply 6
21H. Delegation by Commissioner 7
21I. Annual report 7
PART 3--AMENDMENT OF OTHER ACTS 8
7. Amendment of the Country Fire Authority Act 1958 8
6B. Compliance with standards of Commissioner 8
6C. Report on compliance with standards 8
8. Amendment of Metropolitan Fire Brigades Act 1958 8
9. Amendment of Victoria State Emergency Service Act 1987 9
NOTES 10
i
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 3 May 2000
A BILL
to amend the Emergency Management Act 1986 to establish the
position of Emergency Services Commissioner, to make consequential
amendments to the Country Fire Authority Act 1958, the
Metropolitan Fire Brigades Act 1958 and the Victoria State
Emergency Service Act 1987 and for other purposes.
Emergency Management (Amendment)
Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Emergency Management Act
5 1986--
1
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
Emergency Management (Amendment) Act 2000
s. 2
Act No.
(i) to establish the position of Emergency
Services Commissioner; and
(ii) to provide for the Emergency Services
Commissioner to be the person
5 responsible for the preparation and
monitoring of standards for emergency
services organisations;
(b) to make other minor amendments to the
Emergency Management Act 1986;
10 (c) to make consequential amendments to the
Country Fire Authority Act 1958, the
Metropolitan Fire Brigades Act 1958 and
the Victoria State Emergency Service Act
1987.
15 2. Commencement
This Act comes into operation on the day after the
day on which this Act receives the Royal Assent.
_______________
2
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
Emergency Management (Amendment) Act 2000
s. 3
Act No.
PART 2--AMENDMENT OF THE EMERGENCY
MANAGEMENT ACT 1986
No. 30/1986.
3. Principal Act
Reprint No. 2
In this Part, the Emergency Management Act as at 4 March
1999. Further
5 1986 is called the Principal Act. amended by
Nos 86/1998,
3/1999 and
50/1999.
4. Definitions
In section 4 of the Principal Act, insert the
following definitions--
' "Commissioner" means the person who, for the
10 time being, is employed as Emergency
Services Commissioner under the Public
Sector Management and Employment Act
1998;
"emergency services agency" means any of the
15 following--
(a) the Country Fire Authority established
under the Country Fire Authority Act
1958;
(b) the Metropolitan Fire and Emergency
20 Services Board established under the
Metropolitan Fire Brigades Act 1958;
(c) the Victoria State Emergency Service
established under the Victoria State
Emergency Service Act 1987;
25 (d) any other prescribed agency.'.
3
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
Emergency Management (Amendment) Act 2000
s. 5
Act No.
5. Chairperson of Council
(1) In section 8(2) of the Principal Act, for
paragraph (a) substitute--
"(a) the Co-ordinator in Chief or a person
5 nominated by the Co-ordinator in Chief as
chairperson; and".
(2) After section 8(2) of the Principal Act insert--
"(3) The person appointed from time to time as
the Commissioner is to be the executive
10 officer of the Council.".
6. Insertion of new Part 4A
After Part 4 of the Principal Act insert--
"PART 4A--STANDARDS FOR THE
PREVENTION AND MANAGEMENT OF
15 EMERGENCIES
21B. Emergency Services Commissioner
There is to be an Emergency Services
Commissioner employed under Part 3 of the
Public Sector Management and
20 Employment Act 1998.
21C. Functions and powers of the Commissioner
(1) The Commissioner has the following
functions--
(a) to establish and monitor standards for
25 the prevention and management of
emergencies to be adopted by all
emergency services agencies;
(b) to advise, make recommendations and
report to the Minister on any issue in
30 relation to emergency management;
4
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
Emergency Management (Amendment) Act 2000
s. 6
Act No.
(c) to encourage and facilitate co-operation
between all agencies to achieve the
most effective utilisation of all services;
(d) to act as the Executive Officer of the
5 Council;
(e) any other function conferred on the
Commissioner by or under this or any
other Act.
(2) The Commissioner has all the powers
10 necessary to perform his or her functions.
21D. Commissioner to prepare standards
(1) The Commissioner must arrange for the
preparation and review from time to time of
standards which are reasonably necessary for
15 the prevention and management of
emergencies and which all emergency
services agencies are to adopt and to use
their best endeavours to comply with.
(2) The Commissioner must consult with the
20 emergency services agencies before
arranging for the preparation or review of the
standards.
(3) The Commissioner must ensure that the
manner in which any standard is prepared or
25 reviewed is reasonable.
21E. Commissioner to monitor standards
The Commissioner must arrange for the
monitoring from time to time of the adoption
and compliance with the standards prepared
30 under section 21D.
21F. Power to require information to be given
(1) For the purposes of carrying out functions or
powers under this Act, the Commissioner
may, in writing, require any agency to give
5
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
Emergency Management (Amendment) Act 2000
s. 6
Act No.
to the Commissioner any information that
the Commissioner reasonably believes is
necessary--
(a) to prepare or review a standard for the
5 prevention or management of
emergencies; or
(b) to monitor compliance with a standard
for the prevention or management of
emergencies.
10 (2) Within 28 days of receiving a request under
sub-section (1), the agency to whom the
request has been given must give the
information to the Commissioner, unless--
(a) the Commissioner has agreed to allow
15 an extension of time for the giving of
the information; or
(b) the Commissioner has agreed that the
agency is not able to give the
information.
20 (3) If the Commissioner has agreed to allow an
extension of time under sub-section (2), the
agency must give the information to the
Commissioner within the time agreed on.
21G. Constraints on access to information not to
25 apply
(1) No obligation to maintain secrecy or other
restriction on the disclosure of information
obtained by or furnished to persons
employed in the public service or by an
30 agency, where imposed by an enactment or
rule of law, applies to the disclosure of
information required by the Commissioner
under section 21F.
(2) The Commissioner or any other person must
35 not divulge or communicate, except in the
6
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
Emergency Management (Amendment) Act 2000
s. 6
Act No.
course of duty to another person performing
duties under this Part, any information which
has come to his or her knowledge by reason,
directly or indirectly of sub-section (1), if the
5 person from whom that information was
obtained could not, but for that section,
lawfully have divulged that information to
the Commissioner or other person.
21H. Delegation by Commissioner
10 The Commissioner may, by instrument,
delegate to any person or class of person
employed or engaged in the administration
of this Act, all or any of the Commissioner's
powers and functions.
15 21I. Annual report
The Commissioner must submit, as part of
the annual report of the Department of
Justice made under Part 7 of the Financial
Management Act 1994, a report on the
20 operation of this Part.".
_______________
7
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
Emergency Management (Amendment) Act 2000
s. 7
Act No.
PART 3--AMENDMENT OF OTHER ACTS
No. 6228. 7. Amendment of the Country Fire Authority Act 1958
Reprint No. 9
After section 6A of the Country Fire Authority
as at
14 October
Act 1958 insert--
1999.
5 "6B. Compliance with standards of
Commissioner
The Authority must use its best endeavours
to carry out its functions in accordance with
the standards prepared by the Emergency
10 Services Commissioner under Part 4A of the
Emergency Management Act 1986.
6C. Report on compliance with standards
The Authority must, at the expiration of each
period of three months, report on the action
15 it has taken during the preceding three
months to comply with the standards
prepared by the Emergency Services
Commissioner under Part 4A of the
Emergency Management Act 1986.".
No. 6315.
20 8. Amendment of Metropolitan Fire Brigades Act 1958
Reprint No. 8
In section 7 of the Metropolitan Fire Brigades
as at
25 March
Act 1958, after sub-section (3) insert--
1999. Further
amended by
"(4) The Board must use its best endeavours to
Nos 50/1989
and 86/1998. carry out its functions in accordance with the
25 standards prepared by the Emergency
Services Commissioner under Part 4A of the
Emergency Management Act 1986.
(5) The Board must, at the expiration of each
three month period, report on the action it
30 has taken during the preceding three months
to comply with the standards prepared by the
Emergency Services Commissioner under
8
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
Emergency Management (Amendment) Act 2000
s. 9
Act No.
Part 4A of the Emergency Management
Act 1986.".
No. 57/1987.
9. Amendment of Victoria State Emergency Service Act
Reprint No. 2
1987 as at 22 April
1999.
5 In section 5 of the Victoria State Emergency
Service Act 1987, after sub-section (3) insert--
"(4) The Service must use its best endeavours to
carry out its functions in accordance with the
standards prepared by the Emergency
10 Services Commissioner under Part 4A of the
Emergency Management Act 1986.
(5) The Service must, at the expiration of each
three month period, report on the action it
has taken during the preceding three months
15 to comply with the standards prepared by the
Emergency Services Commissioner under
Part 4A of the Emergency Management
Act 1986.".
20
9
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
Emergency Management (Amendment) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
10
541087B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
[Index] [Search] [Download] [Related Items] [Help]