Emergency Services Telecommunications
Authority Bill
Circulation Print
EXPLANATORY MEMORANDUM
General
The Bill makes provision for certain emergency services telecommunications
services and other communications services to be delivered by an authority
established by the Bill and for other related matters.
Clause Notes
Clause 1
sets out the purpose of the Bill, which is to make provision for
certain emergency services telecommunications services and
other communications services by the establishment of an
authority and for other related matters.
Clause 2
provides for the commencement of the Bill (other than clause 45)
on a day or days it is to be proclaimed. It also provides that if a
provision of the Bill does not come into operation before
1 January 2006, it comes into operation on that day. Clause 45
is to come into operation on a day to be proclaimed.
Clause 3
contains the relevant definitions. Important definitions are
'emergency telecommunications and other communications
services, the provision of which is a function of the Authority.
This definition is expressed to include "call taking and dispatch
services" and "operational communications services", which are
both also defined.
Clause 4
provides that the Bill binds the Crown.
Clause 5
establishes the Emergency Services Telecommunications
Authority (the Authority). It also gives the Authority various
attributes including being a body corporate, the right to sue and
be sued and the right to hold and dispose of property.
Clause 6
provides that the Authority is a public authority that represents
the Crown and holds its property on behalf of the Crown.
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BILL LA CIRCULATION 12/11/2004
Clause 7
sets out the functions of the Authority. These include providing
and enabling and controlling the provision by others of
emergency services telecommunications services and other
communications services, and promoting policies and procedures
to improve provision of these services. The Authority is to
advise the Minister on the administration of the Bill. In carrying
out its functions the Authority will have regard to the advice of
the Advisory Committee.
Clause 8
sets out the powers of the Authority, which are those necessary to
perform its functions. These powers include ability to enter into
contracts and employ staff and agents.
Clause 9
provides for the Authority to be appointed by the Governor in
Council, on recommendation in accordance with the procedure
set out. Matters to be considered in making a recommendation
are listed. These include relevant skills and experience.
Each member of the Authority must not be a member of an
emergency services and other related services organisation.
Clause 10 deals with terms and conditions of appointment of members of
the Authority. The period of appointment is not to exceed
3 years.
Clause 11 provides for resignation and removal of members of the
Authority. The circumstances in which removal must be
recommended by the Minister are specified. These include
absence without approval from 3 consecutive meetings of the
Authority, conviction for certain offences and becoming
insolvent.
Clause 12 provides for acting appointments to the Authority.
These provisions operate when the office of the chairperson
becomes vacant or the chairperson is absent from Victoria or
otherwise unable to perform the relevant duties. The Governor
in Council is able to appoint someone to act in the office of
chairperson, on the recommendation of the Minister. Provision is
made for circumstances when the office of a member is vacant.
Clause 13 provides that, a member is not personally liable for anything done
or omitted to be done, in good faith, in the circumstances
specified.
Clause 14 sets out the procedure for meetings of the Authority.
These include that the chairperson or in his or her absence a
member elected to do so, shall preside at a meeting of the
Authority. A majority voting procedure is set out in relation to
questions to be determined.
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Clause 15 sets out the procedure for resolution without a meeting of the
Authority, which requires signature of documents in accordance
with the terms set out.
Clause 16 provides that a decision of the Authority is not invalid by reason
only of a defect or irregularity in appointment or vacancy in
membership.
Clause 17 provides for disclosure of members pecuniary interests, prior to
matters being considered. It also deals with conflicts of interest
and their effect.
Clause 18 provides that information may not be used in an improper
manner. This is directed at improper use of information acquired
in the course of a member of the Authority's duties, which is used
to obtain a pecuniary advantage.
Clause 19 provides that the Authority may by instrument delegate its
powers other than the power of delegation. The delegation may
be to a member or employee of the Authority or to a person
engaged to provide services to the Authority.
Clause 20 provides that the Authority is subject to the general direction and
control of the Minister. Where a direction of the Minister affects
the operation of an emergency services and other related services
organisation for which another Minister is responsible,
consultation is required with the Minister responsible for
administering that organisation.
Clause 21 an advisory committee is to be appointed and the members to
constitute it are set out. The advisory committee is also referred
to in clause 7 of the Bill, in relation to the fact that the Authority
in carrying out its functions must have regard to any advice and
recommendations of the advisory committee.
Clause 22 outlines the functions of the Advisory committee. These include
advising the Authority of specific requirements relating to the
organisations represented on the advisory committee.
Clause 23 provides for monthly reports by the Authority to the advisory
committee. The report is to set out the performance of the
Authority in relation to the standards determined and matters
relating to specific issues raised by organisations represented on
the committee.
Clause 24 specifies the terms of office of advisory committee members and
enables removal from office.
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Clause 25 enables members of the advisory committee to receive certain
travelling and personal expenses that are determined by the
Authority.
Clause 26 outlines the procedure for meetings of the advisory committee.
Provisions are made for the circumstances in which the
chairperson is unable to attend a meeting.
Clause 27 provides that the Authority will submit corporate plans to the
Minister. It specifies that plans must be prepared in consultation
with the advisory committee.
The Minister may approve, amend or refuse to approve the plan.
Matters to be contained in a plan under this clause must include
financial information specified by the Minister, a business plan
addressing matters specified in writing by the Minister and a
report on other matters that are specified in writing by the
Minister.
Clause 28 provides that the Authority may provide services to an
emergency services and other related services organisation.
Principles are set out to be followed by the Authority and the
persons receiving the services. The Authority and the persons to
whom the services are provided must act in a manner that—

promotes trust and open communication; and

emphasises service delivery to the Victorian
Community and to an emergency services and other
related services organisation; and

achieves a co-coordinated and integrated approach to
the provision of services; and

is open, flexible and accountable in the provision of
services.
Clause 29 provides that the Authority in consultation with the emergency
services and other related services organisations will determine
appropriate administrative arrangements for the provision of the
organisation's services.
An arrangement must provide for matters including the nature
and level of services and the standards to apply to the provision
of services. If an appropriate administrative arrangement cannot
be reached, the Minister may give directions on the matter.
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A Ministerial direction under clause 29(3), must not be given in
relation to an organisation for which another Minister is
responsible, unless the Minister has first consulted the Minister
responsible for administering that organisation
Clause 30 provides that the Emergency Services Commissioner, in
consultation with the Authority and emergency services and other
related services organisations will determine standards for the
performance by the Authority of the services provided by the
Authority.
These standards are to set out the qualitative and quantitative
measures in relation to levels of service to be provided.
Clause 31 provides that the Authority may determine a fee to be charged by
it for the provision of its services. The Authority must not make
a determination in relation to a fee to be charged unless it has
consulted with each emergency services and other related
services organisation likely to be affected. Fees may be
determined to be payable for a 12 month period or a lesser or
greater period, if there are particular circumstances that
necessitate such a fee. Provisions in relation to what the fee
should specify are set out, and include the method by which the
fee is calculated.
Clause 32 deals with payment and collection of the fee. It provides that the
fee payable is a debt due to the Authority.
Clause 33 contains secrecy provisions relating to the disclosure of
confidential information. A person, who has confidential
information received in the course of carrying out duties under
the Bill, must not disclose, record, communicate or make use of
the information except to the extent necessary to perform duties
under the Bill. Clause 34(3) provides that disclosure is not
prevented in certain specified circumstances, including disclosure
to the Ombudsmen or where specifically authorised under
another Act.
Clause 34 enables emergency services and other related services
organisations to have access to information from the Authority
that is emergency related information or information in relation
to operational communications services that must be disclosed in
the circumstances specified.
Clause 35 makes provision for Regulations in relation to matters necessary
to be prescribed to give effect to the Bill.
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Clause 36 provides for a definition to be inserted into the Emergency
Management Act 1986 for Emergency Services
Telecommunications Authority.
Clause 37 amends Emergency Management Act 1986 section 21C.
The functions of the Emergency Services Commissioner are
extended to include monitoring and investigating the nonfinancial performance of ESTA in relation to emergency services
and other related services organisations.
Clause 38 amends section 21E of the Emergency Management Act 1986.
It provides that the Emergency Services Commissioner has
powers to arrange for monitoring and investigation. It sets out
the circumstances on which such investigation may be initiated,
and provides for recommendations to the Minister by the
Commissioner.
Clause 39 amends section 41 of the Emergency Management Act 1986
to enable the Emergency Services Commissioner to obtain any
information that the Commissioner reasonably believes is
necessary to monitor, and investigate the non-financial
performance of ESTA.
Clause 40 inserts a new s 21J to the Emergency Management Act 1986 to
define emergency services and other related services
organisation.
Clause 41 amends the Metropolitan Fire Brigades Act 1958, regarding
receipt of an alarm of fire.
Clause 42 provides definitions in relation to transitional provisions.
Clause 43 provides for the abolition of Emergency Communications
Victoria from the commencement day, transfer of assets and
liabilities and substitution in contracts to the Authority.
Clause 44 provides that the phrase "emergency services and other related
services organisation" (when used in the definition of "call taking
and dispatch services") is to be taken not to include Rural
Ambulance Victoria.
Clause 45 enables clause 44 to be repealed when it is no longer required.
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