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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Emergency Services Legislation Amendment Bill
2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE COUNTRY FIRE
AUTHORITY ACT 1958 3
Division 1--Improving community safety 3
3 New Part IIIA inserted 3
PART IIIA--IMPROVING COMMUNITY SAFETY 3
Division 1--Definitions 3
50A Definitions 3
Division 2--Duty to warn community 4
50B Duty of Chief Officer to warn community about
bushfires 4
50C Chief Officer to have regard to guidelines, procedures
and protocols 4
50D Delegation of duty to warn 5
Division 3--Neighbourhood safer places 6
50E Country Fire Authority Assessment Guidelines 6
50F Municipal Council Neighbourhood Safer Places Plan 6
50G Municipal councils to identify and designate
neighbourhood safer places 7
50H Appropriate signage for designated neighbourhood
safer places 9
50I Maintenance of designated neighbourhood safer
places 9
50J Annual assessment of designated neighbourhood
safer places 9
561441B.I-10/11/2009 i BILL LA INTRODUCTION 10/11/2009
Clause Page
50K Municipal fire prevention officer to provide up to
date list of designated places to Authority 10
50L Authority to keep up to date list of all designated
neighbourhood safer places 11
Division 4--Liability in relation to designated
neighbourhood safer places 11
50M Application of Part XII of Wrongs Act 1958 11
50N Liability relating to designated neighbourhood safer
places 11
50O Policy defence 12
Division 5--Advice on defendability of buildings 13
50P Chief Officer may advise on defendability of
buildings 13
4 Municipal fire prevention plans 13
Division 2--Role of Volunteer Fire Brigades Victoria
Incorporated 13
5 Constitution of Authority 13
6 New section 100 substituted 14
100 Role of Volunteer Fire Brigades Victoria
Incorporated 14
7 Information to be furnished by associations 15
8 New sections 115 and 116 inserted 15
115 Transitional--Neighbourhood safer places 15
116 Transitional--Constitution of Authority 16
PART 3--AMENDMENTS TO THE EMERGENCY
MANAGEMENT ACT 1986 17
9 Control of response to fires 17
10 Municipal emergency management plan 18
PART 4--REPEAL OF AMENDING ACT 19
11 Repeal of amending Act 19
ENDNOTES 20
561441B.I-10/11/2009 ii BILL LA INTRODUCTION 10/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Emergency Services Legislation
Amendment Bill 2009
A Bill for an Act to amend the Country Fire Authority Act 1958 to
confer on the Chief Officer a duty to issue warnings and to provide
information to the community in relation to bushfires in Victoria, to
make provision for identification and designation of neighbourhood
safer places and to provide for the representation of volunteer
members of brigades and to amend the Emergency Management Act
1986 in relation to the control of response to fires and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Country Fire Authority Act
5 1958--
561441B.I-10/11/2009 1 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 1--Preliminary
s. 2
(i) to confer on the Chief Officer a duty to
issue warnings and to provide
information to the community in
relation to bushfires in Victoria; and
5 (ii) to provide for the identification and
designation of neighbourhood safer
places; and
(iii) to authorise the Chief Officer to
provide advice on the defendability of
10 buildings in the event of bushfires; and
(iv) to allow one unified fire brigades
association to represent volunteer
members of brigades; and
(b) to amend the Emergency Management Act
15 1986 in relation to the control of response to
fires.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
561441B.I-10/11/2009 2 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
PART 2--AMENDMENTS TO THE COUNTRY FIRE
AUTHORITY ACT 1958
Division 1--Improving community safety
3 New Part IIIA inserted
5 After Part III of the Country Fire Authority Act See:
Act No.
1958 insert-- 6228.
Reprint No. 12
as at
"PART IIIA--IMPROVING COMMUNITY 1 July 2006
SAFETY and
amending
Act Nos
Division 1--Definitions 80/2006,
12/2008 and
77/2008.
10 50A Definitions LawToday:
www.
In this Part-- legislation.
vic.gov.au
community fire refuge means a place that
is--
(a) to be used by the public for short-
15 term shelter from a fire front
during a bushfire; and
(b) designated as a community fire
refuge in--
(i) a municipal fire prevention
20 plan under Part IV; or
(ii) a municipal emergency
management plan under the
Emergency Management
Act 1986;
25 council land means land occupied or
controlled by a municipal council;
561441B.I-10/11/2009 3 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
designated neighbourhood safer place
means a place designated by a
municipal council as a neighbourhood
safer place under this Part;
5 neighbourhood safer place means a place
that may, as a last resort, provide
shelter for people from the immediate
life-threatening effects of a bushfire;
non-council land means land (including
10 Crown land) that is not council land;
place means land or premises.
Division 2--Duty to warn community
50B Duty of Chief Officer to warn community
about bushfires
15 It is the duty of the Chief Officer to issue
warnings and provide information to the
community in relation to bushfires in
Victoria for the purpose of protecting life
and property.
20 50C Chief Officer to have regard to guidelines,
procedures and protocols
(1) In carrying out a duty under section 50B, the
Chief Officer must have regard to any
guidelines, procedures and operating
25 protocols issued by the Authority in respect
of that duty.
(2) The Authority must consult with the
following in developing any guidelines,
procedures or protocols referred to in
30 subsection (1)--
(a) the Metropolitan Fire and Emergency
Services Board;
561441B.I-10/11/2009 4 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
(b) the Secretary;
(c) any other prescribed agency.
50D Delegation of duty to warn
(1) The Chief Officer may delegate his or her
5 duty under section 50B to--
(a) the Chief Officer of the Metropolitan
Fire and Emergency Services;
(b) the Secretary;
(c) the Chief Fire Officer of the
10 Department of Sustainability and
Environment;
(d) any other prescribed person.
(2) A person to whom a duty is delegated under
this section may delegate that duty--
15 (a) in the case of the Chief Officer of the
Metropolitan Fire and Emergency
Services, to an employee of the
Metropolitan Fire and Emergency
Services Board or any other prescribed
20 person; or
(b) in the case of the Secretary or the Chief
Fire Officer of the Department of
Sustainability and Environment, a
person employed in the Department or
25 any other prescribed person; or
(c) in the case of a person prescribed under
subsection (1)(d), an employee of the
prescribed person.
(3) A power of delegation under subsection (1)
30 is in addition to the powers of delegation of
the Chief Officer under section 28.
561441B.I-10/11/2009 5 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
Division 3--Neighbourhood safer places
50E Country Fire Authority Assessment
Guidelines
(1) The Authority may from time to time issue
5 guidelines (the Country Fire Authority
Assessment Guidelines) setting out criteria
and other considerations to be applied in
relation to neighbourhood safer places,
including for the purpose of--
10 (a) assessing a place as suitable to be a
neighbourhood safer place; and
(b) carrying out annual assessments of
neighbourhood safer places.
(2) The Country Fire Authority Assessment
15 Guidelines may incorporate or refer to any
other document as issued or published from
time to time.
(3) The Authority must publish the Country Fire
Authority Assessment Guidelines--
20 (a) in the Government Gazette; and
(b) on the Authority's Internet site.
50F Municipal Council Neighbourhood Safer
Places Plan
(1) A municipal council may prepare a plan
25 (a Municipal Council Neighbourhood Safer
Places Plan) in relation to--
(a) the identification, suitability and
designation of places as neighbourhood
safer places; and
30 (b) the inspection, maintenance and
decommissioning of designated
neighbourhood safer places.
561441B.I-10/11/2009 6 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
(2) A Municipal Council Neighbourhood Safer
Places Plan must not be inconsistent with the
Country Fire Authority Assessment
Guidelines.
5 (3) A Municipal Council Neighbourhood Safer
Places Plan may incorporate or refer to any
other document as issued or published from
time to time.
(4) A municipal council must--
10 (a) publish its Municipal Council
Neighbourhood Safer Places Plan on its
Internet site; and
(b) make the Municipal Council
Neighbourhood Safer Places Plan and
15 any documents incorporated in the Plan
available at its municipal offices for
public inspection during normal office
hours free of charge.
50G Municipal councils to identify and
20 designate neighbourhood safer places
(1) A municipal council, the municipal district
of which is located wholly or partly in the
country area of Victoria, must identify and
designate places as neighbourhood safer
25 places in its municipal district.
(2) A neighbourhood safer place may be on
council land, or, with the consent of the
occupier or the person in control of the land,
on non-council land.
30 (3) In identifying and designating
neighbourhood safer places, a municipal
council may have regard to its Municipal
Council Neighbourhood Safer Places Plan.
561441B.I-10/11/2009 7 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
(4) After identifying a neighbourhood safer
place, a municipal council must ask the
Authority to assess the place in accordance
with the Country Fire Authority Assessment
5 Guidelines.
(5) On receiving a request, the Authority must--
(a) assess the place; and
(b) if the place meets the criteria set out in
the Country Fire Authority Assessment
10 Guidelines, certify in writing that the
place meets those criteria.
(6) A municipal council must not designate a
place as a neighbourhood safer place unless
the place has been certified by the Authority
15 under this section.
(7) A municipal council is not required to
designate a place under subsection (1) if--
(a) no place has been certified by the
Authority under this section; or
20 (b) the Authority has certified a place
under this section but the council is
satisfied on reasonable grounds that it is
not appropriate to designate the place as
a neighbourhood safer place; or
25 (c) any suitable existing place is on non-
council land and the occupier or the
person in control of the land does not
consent to the designation of the place
as a neighbourhood safer place.
30 (8) Before 1 July 2010, a municipal council
complies with subsection (1) if it uses its
best endeavours to do so.
561441B.I-10/11/2009 8 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
50H Appropriate signage for designated
neighbourhood safer places
(1) A municipal council must ensure that
appropriate signs are provided at each
5 designated neighbourhood safer place in its
municipal district to identify it to the public
as a neighbourhood safer place.
(2) A municipal council must have regard to the
signage guidelines published from time to
10 time on the Internet site of the Office of the
Emergency Services Commissioner in
ensuring the provision of appropriate signs
under this section.
50I Maintenance of designated
15 neighbourhood safer places
A municipal council is responsible for
maintaining all designated neighbourhood
safer places in its municipal district.
50J Annual assessment of designated
20 neighbourhood safer places
(1) A municipal council must, by 31 August in
each year, conduct a review of each
designated neighbourhood safer place in its
municipal district to determine if it is still
25 suitable to be designated as a neighbourhood
safer place.
(2) In conducting an annual review, the
municipal council must ask the Authority to
assess each neighbourhood safer place in its
30 municipal district in accordance with the
Country Fire Authority Assessment
Guidelines.
561441B.I-10/11/2009 9 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
(3) On receiving a request, the Authority must--
(a) assess the place; and
(b) if the place meets the criteria set out in
the Country Fire Authority Assessment
5 Guidelines, certify in writing that the
place meets those criteria.
(4) If the Authority's assessment determines that
a designated neighbourhood safer place is no
longer suitable, it must be decommissioned.
10 (5) The municipal council may also
decommission a designated neighbourhood
safer place if--
(a) the Authority has certified the place
under this section but the council is
15 satisfied on reasonable grounds that it is
not appropriate for the place to continue
to be a designated neighbourhood safer
place; or
(b) the place is on non-council land and the
20 occupier or the person in control of the
land has withdrawn consent to the
designation of the place as a
neighbourhood safer place.
50K Municipal fire prevention officer to
25 provide up to date list of designated places
to Authority
A municipal fire prevention officer must
provide to the Authority by 30 September in
each year an up to date list of all designated
30 neighbourhood safer places and community
fire refuges in the municipal district.
561441B.I-10/11/2009 10 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
50L Authority to keep up to date list of all
designated neighbourhood safer places
(1) The Authority must keep an up to date list
showing the location of all designated
5 neighbourhood safer places and community
fire refuges in Victoria of which it is notified
under section 50K.
(2) The Authority must publish the list on its
Internet site and provide a copy of the list--
10 (a) to the Secretary; and
(b) to the Chief Commissioner of Police;
and
(c) to the Chief Executive Officer of the
State Emergency Service; and
15 (d) to the Municipal Association of
Victoria; and
(e) for the use of the Victorian Bushfire
Information Line.
Division 4--Liability in relation to designated
20 neighbourhood safer places
50M Application of Part XII of Wrongs Act
1958
This Division is to be construed as being in
addition to and not in derogation of Part XII
25 of the Wrongs Act 1958.
50N Liability relating to designated
neighbourhood safer places
(1) This section applies in respect of a
designated neighbourhood safer place.
30 (2) Subject to this section, any liability for the
death of or injury to a person arising from
the use of the designated neighbourhood
561441B.I-10/11/2009 11 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 3
safer place that would attach to the owner or
occupier of the land or a person with control
of the land attaches instead to the municipal
council in the municipal district of which the
5 land is situated.
(3) This section only applies in respect of a
death or injury arising from the use of the
designated neighbourhood safer place as a
shelter from bushfire on a day (or during part
10 of a day) when the area in which the place
was located was beset, or threatened, by
bushfire.
(4) This section does not apply to a death or
injury that was caused in the course of
15 travelling to or from the designated
neighbourhood safer place.
(5) A reference to a liability in subsection (2), is
a reference to a liability--
(a) that arises in tort, contract, under statute
20 or otherwise; and
(b) that does not arise from an intentional
act of a person at the designated
neighbourhood safer place.
50O Policy defence
25 For the purposes of any proceeding for the
death of or injury to a person arising from--
(a) the use of a designated neighbourhood
safer place; or
(b) a failure of a municipal council to
30 designate a neighbourhood safer
place--
an act or omission by a municipal council,
which is in accordance with a policy in its
Municipal Council Neighbourhood Safer
35 Places Plan, does not constitute a wrongful
561441B.I-10/11/2009 12 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 4
exercise or failure by the municipal council,
unless the policy is so unreasonable that no
municipal council in that municipal council's
position acting reasonably could have made
5 that policy.
Division 5--Advice on defendability of
buildings
50P Chief Officer may advise on defendability
of buildings
10 The Chief Officer may provide advice to the
community or to any person on ways to
improve the defendability of a home or other
building in the event of a bushfire.
__________________".
15 4 Municipal fire prevention plans
After section 55A(2)(c) of the Country Fire
Authority Act 1958 insert--
"(ca) identifying all designated neighbourhood
safer places in the municipal district or if no
20 places have been designated, recording that
fact; and
(cb) designate any places in the municipal district
that are community fire refuges; and".
Division 2--Role of Volunteer Fire Brigades Victoria
25 Incorporated
5 Constitution of Authority
For sections 7(1)(b) and 7(1)(c) of the Country
Fire Authority Act 1958 substitute--
"(b) two shall be selected by the Governor in
30 Council from a panel submitted by the Board
of Volunteer Fire Brigades Victoria
561441B.I-10/11/2009 13 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 6
Incorporated of the names of not less than
four persons who are volunteer members of
rural brigades;
(c) two shall be selected by the Governor in
5 Council from a panel submitted by the Board
of Volunteer Fire Brigades Victoria
Incorporated of the names of not less than
four persons who are volunteer members of
urban brigades;".
10 6 New section 100 substituted
For section 100 of the Country Fire Authority
Act 1958 substitute--
"100 Role of Volunteer Fire Brigades Victoria
Incorporated
15 (1) The role of Volunteer Fire Brigades Victoria
Incorporated in relation to this Act is to
enable members of brigades (other than
industry brigades) to consider and bring to
the notice of the Authority all matters
20 affecting their welfare and efficiency (other
than questions of discipline and promotion).
(2) A person is not eligible to become an officer
or official of Volunteer Fire Brigades
Victoria Incorporated unless he or she is a
25 registered volunteer.
(3) Subsection (2) does not apply to the chief
executive officer, an executive officer or a
member of staff of the Volunteer Fire
Brigades Victoria Incorporated.
30 (4) The regulations may provide for the payment
by the Authority to members of Volunteer
Fire Brigades Victoria Incorporated of
personal and travelling expenses actually
incurred in relation to their attendance at--
561441B.I-10/11/2009 14 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 7
(a) such meetings of the Volunteer Fire
Brigades Victoria Incorporated as are
approved by the Authority; or
(b) meetings with the Authority.
5 (5) The expenses paid must not exceed the limits
fixed by the regulations.
(6) This section applies despite anything to the
contrary in the Associations Incorporation
Act 1981 or the rules or constitution of
10 Volunteer Fire Brigades Victoria
Incorporated.".
7 Information to be furnished by associations
In section 101 of the Country Fire Authority
Act 1958 for "the said associations" substitute
15 "the Volunteer Fire Brigades Victoria
Incorporated".
8 New sections 115 and 116 inserted
After section 114 of the Country Fire Authority
Act 1958 insert--
20 "115 Transitional--Neighbourhood safer places
A neighbourhood safer place (within the
meaning of Part IIIA) that has been certified
by the Authority as suitable and designated
by a municipal council and included in--
25 (a) the council's municipal fire prevention
plan under Part IV; or
(b) the council's municipal emergency
management plan under the
Emergency Management Act 1986; or
561441B.I-10/11/2009 15 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 2--Amendments to the Country Fire Authority Act 1958
s. 8
(c) the council's township protection
plan--
before the commencement of the
Emergency Services Legislation
5 Amendment Act 2009 is taken to be a
designated neighbourhood safer place for the
purposes of Part IIIA.
116 Transitional--Constitution of Authority
The Country Fire Authority is the same body
10 despite the changes to its membership made
by the Emergency Services Legislation
Amendment Act 2009.".
__________________
561441B.I-10/11/2009 16 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 3--Amendments to the Emergency Management Act 1986
s. 9
PART 3--AMENDMENTS TO THE EMERGENCY
MANAGEMENT ACT 1986
9 Control of response to fires
For section 16(1) and (2) of the Emergency See:
Act No.
5 Management Act 1986 substitute-- 30/1986.
Reprint No. 4
"(1) At the request of a co-ordinator referred to in as at
1 May 2008.
section 13, or of their own volition, the chief LawToday:
officers of the agencies responsible for the www.
legislation.
suppression of fire may, by agreement, vic.gov.au
10 appoint the chief officer or another officer of
one of the agencies to have the overall
control of response activities in relation to a
fire--
(a) which is burning; or
15 (b) which may occur; or
(c) which has occurred--
in any area specified by the chief officers.
(1A) In the absence of an agreement under
subsection (1), the co-ordinator may direct a
20 chief officer to appoint a chief officer or
another officer of one of the agencies to have
the overall control of response activities
referred to in subsection (1).
(2) Any officer appointed under subsection (1)
25 or (1A) may exercise the powers and
authorities conferred by the Country Fire
Authority Act 1958 on the Chief Officer of
the Country Fire Authority in relation to the
control of response activities in relation to
30 the fire for which he or she was appointed.
561441B.I-10/11/2009 17 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 3--Amendments to the Emergency Management Act 1986
s. 10
(2A) An officer appointed under subsection (1)
or (1A) may--
(a) appoint one or more assistant
controllers for the fire; or
5 (b) transfer control of any response activity
to one or more other persons.
(2B) An appointment of an officer under
subsection (1) or (1A) has effect for the
period specified in the instrument of
10 appointment.".
10 Municipal emergency management plan
After section 20(2)(b) of the Emergency
Management Act 1986 insert--
"(ba) in the case of a municipal district that is
15 located wholly or partly in the country area
of Victoria within the meaning of the
Country Fire Authority Act 1958--
(i) identifying all designated
neighbourhood safer places in the
20 municipal district or, if no places have
been designated under the Country
Fire Authority Act 1958, recording
that fact; and
(ii) designating any places in the municipal
25 district that are community fire refuges
within the meaning of Part IIIA of the
Country Fire Authority Act 1958;
and".
__________________
561441B.I-10/11/2009 18 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Part 4--Repeal of Amending Act
s. 11
PART 4--REPEAL OF AMENDING ACT
11 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561441B.I-10/11/2009 19 BILL LA INTRODUCTION 10/11/2009
Emergency Services Legislation Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561441B.I-10/11/2009 20 BILL LA INTRODUCTION 10/11/2009
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