Authorised Version
Emergency Management Legislation Amendment
Act 2011
No. 56 of 2011
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1 2 1 Purpose
Commencement
1 2 PART 2—COUNTRY FIRE AUTHORITY ACT 1958
3 4 Amendment of section 28—Implementation of
recommendation 54
Amendment of sections 97A and 97B
3 3 3 PART 3—EMERGENCY MANAGEMENT ACT 1986
4 Division 1—Implementation of recommendation 11
4 5 6 7 8 Amendment of section 4—Definitions
Sections 5, 6 and 7 substituted
5 Role of Minister
6 Responsibility of State Emergency Response
Coordinator
7 Delegation by Minister
Amendment of references to Co-ordinator in Chief
Amendment of references to State Co-ordinator of DISPLAN
and Deputy
Division 2—Other amendments and savings provision
9 10 11 12 13 14 References to DISPLAN
Amendment of section 4—Definition of emergency
Section 9A substituted—Change of names or titles
9A Change of names or titles
Amendment of section 16B
Amendment of section 16C
New section 16BA inserted—Control of response to fire
other than a major fire
16BA Control of response to fire other than a major fire
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4 4 4 4 5 5 6 6 6 8 8 8 9 9 10 10
Section
15 16 Page
Amendment of section 21A—Audit of municipal emergency
management plans
Amendment of section 39—Regulations
PART 4—FIRE SERVICES COMMISSIONER ACT 2010
17 18 19 Amendment of section 3—Definitions
Amendment of section 10—Functions and powers of the
Fire Services Commissioner
Amendment of references
PART 5—VICTORIA STATE EMERGENCY SERVICE
ACT 2005
20 21 22 23 24 25 26 27 28 Amendment of section 3—Definitions
Amendment of section 23—Power of delegation
References to Director of Operations
Amendment of section 31—Power of delegation
Amendment of section 32—Powers and duties of Chief
Officer, Operations
New section 32A inserted—Standing Orders
32A Standing Orders
Amendment of section 34—Registered units
Amendment of section 39—Discharge by registered unit of
function under state emergency response plan
New section 58 inserted—Change of title
58 Change of title
PART 6—MISCELLANEOUS
29 30 31 32 33 12 12 13 13 13 13 14 14 14 14 15 15 15 15 15 16 16 16 17 Non-Emergency Patient Transport Act 2003
Public Administration Act 2004
Public Health and Wellbeing Act 2008
Terrorism (Community Protection) Act 2003
Repeal of amending Act
═══════════════ ENDNOTES
17 17 17 17 18 19 Authorised by the Chief Parliamentary Counsel
ii
Authorised Version
Victoria
Emergency Management Legislation
Amendment Act 2011†
No. 56 of 2011
[Assented to 2 November 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to—
(a) amend the Country Fire Authority Act
1958 and the Emergency Management Act
1986 to implement recommendations of the
Victorian Bushfires Royal Commission;
Authorised by the Chief Parliamentary Counsel
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
s. 2
Part 1—Preliminary
(b) amend the Emergency Management Act
1986, the Fire Services Commissioner Act
2010 and the Victoria State Emergency
Service Act 2005 to improve the operation
of those Acts;
(c) consequentially amend certain other Acts.
2 Commencement
(1) This Act (except section 3) comes into operation
on the day after the day on which it receives the
Royal Assent.
(2) Section 3 comes into operation on a day to be
proclaimed.
(3) If section 3 does not come into operation before
31 December 2012, it comes into operation on that
day.
__________________
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
Part 2—Country Fire Authority Act 1958
s. 3
PART 2—COUNTRY FIRE AUTHORITY ACT 1958
3 Amendment of section 28—Implementation of
recommendation 54
In section 28(1) of the Country Fire Authority
Act 1958, paragraphs (a) and (b) are repealed.
4 Amendment of sections 97A and 97B
In sections 97A and 97B(1) of the Country Fire
Authority Act 1958 for "Co-ordinator in Chief of
Emergency Management" substitute "Minister".
__________________
Authorised by the Chief Parliamentary Counsel
3
See:
Act No.
6228.
Reprint No. 13
as at
6 May 2010
and
amending
Act Nos
6/2010,
29/2010,
54/2010,
64/2010,
73/2010,
78/2010,
10/2011 and
29/2011.
LawToday:
www.
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
s. 5
Part 3—Emergency Management Act 1986
PART 3—EMERGENCY MANAGEMENT ACT 1986
Division 1—Implementation of recommendation 11
5 Amendment of section 4—Definitions
See:
Act No.
30/1986
Reprint No. 4
as at
1 May 2008
and
amending
Act Nos
73/2009,
6/2010,
9/2010 and
73/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 4(1) of the Emergency Management
Act 1986—
(a) the definitions of Co-ordinator in Chief and
Deputy Co-ordinator in Chief are repealed;
(b) for the definition of State Co-ordinator
substitute—
"State Emergency Response Coordinator
means the State Emergency Response
Coordinator referred to in section 11;".
6 Sections 5, 6 and 7 substituted
For sections 5, 6 and 7 of the Emergency
Management Act 1986 substitute—
"5 Role of Minister
(1) The role of the Minister is to ensure that
satisfactory emergency management
arrangements are in place to facilitate the
prevention of, response to and recovery from
emergencies.
(2) The Minister is not responsible for
operational matters in relation to emergency
management.
6 Responsibility of State Emergency
Response Coordinator
The State Emergency Response Coordinator
is responsible for ensuring that the Minister
is provided with timely and up to date
information in relation to—
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Part 3—Emergency Management Act 1986
(a) the actual or imminent occurrence of
events which may lead to emergencies;
(b) the response to emergencies.
7 Delegation by Minister
The Minister may by instrument delegate to
the State Emergency Response Coordinator
or any other person any power or function of
the Minister under this Act or the regulations
other than this power of delegation.".
7 Amendment of references to Co-ordinator in Chief
(1) In sections 8, 9, 10, 17, 17A, 17B, 19(1), 21(5),
21A(1), 23(1), 24, 38 and 39(d) of the Emergency
Management Act 1986 for "Co-ordinator in
Chief" (wherever occurring) substitute
"Minister".
(2) Insert the following heading to section 9 of the
Emergency Management Act 1986—
"Committees established by Minister".
(3) Insert the following heading to section 10 of the
Emergency Management Act 1986—
"Minister to prepare state emergency response
plan".
(4) Insert the following heading to section 17A of the
Emergency Management Act 1986—
"Minister to prepare state emergency recovery
plan".
(5) Insert the following heading to section 24 of the
Emergency Management Act 1986—
"Powers and duties of Minister".
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Part 3—Emergency Management Act 1986
8 Amendment of references to State Co-ordinator of
DISPLAN and Deputy
(1) Insert the following heading to section 11 of the
Emergency Management Act 1986—
"State Emergency Response Coordinator and
Deputy".
(2) In section 11(1) of the Emergency Management
Act 1986 for "State Co-ordinator of DISPLAN"
substitute "State Emergency Response
Coordinator".
(3) In sections 11(2), 12, 13, 14, 16B, 16C, 23(1),
36A, and 36B(4) of the Emergency Management
Act 1986 for "State Co-ordinator" (wherever
occurring) substitute "State Emergency Response
Coordinator".
(4) In sections 11(2) and 12 of the Emergency
Management Act 1986 for "Deputy State Coordinator of DISPLAN" substitute "Deputy State
Emergency Response Coordinator".
(5) Insert the following heading to section 12 of the
Emergency Management Act 1986—
"Delegation by State Emergency Response
Coordinator".
Division 2—Other amendments and savings provision
9 References to DISPLAN
(1) In section 4(1) of the Emergency Management
Act 1986—
(a) the definition of DISPLAN is repealed;
(b) in the definitions of emergency activity and
volunteer emergency worker for
"DISPLAN" substitute "the state emergency
response plan";
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
Part 3—Emergency Management Act 1986
(c) insert the following definitions—
"state emergency recovery plan means the
plan referred to in section 17A;
state emergency response plan means the
plan referred to in section 10;".
(2) In the heading to Part 3 of the Emergency
Management Act 1986 for "DISPLAN"
substitute "STATE EMERGENCY
RESPONSE PLAN".
(3) In section 10(1) of the Emergency Management
Act 1986 omit ", to be called DISPLAN,".
(4) In sections 10(2), 11(1), 17 and 39(b) of the
Emergency Management Act 1986 for
"DISPLAN" (wherever occurring) substitute "the
state emergency response plan".
(5) Insert the following heading to section 13 of the
Emergency Management Act 1986—
"Regional and municipal district emergency
response Coordinators".
(6) In section 13(1) of the Emergency Management
Act 1986 for "a Co-ordinator of DISPLAN"
substitute "an emergency response Coordinator".
(7) Insert the following heading to section 14 of the
Emergency Management Act 1986—
"Emergency response Committees".
(8) Insert the following heading to section 15 of the
Emergency Management Act 1986—
"State emergency response plan".
(9) In section 15 of the Emergency Management
Act 1986 for "DISPLAN" substitute "The state
emergency response plan".
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Emergency Management Legislation Amendment Act 2011
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s. 10
Part 3—Emergency Management Act 1986
(10) In section 21A(2) of the Emergency
Management Act 1986 for "DISPLAN"
substitute "emergency response".
10 Amendment of section 4—Definition of emergency
In section 4(1) of the Emergency Management
Act 1986, in the definition of emergency—
(a) in paragraph (e) after "epidemic" insert "or
contamination";
(b) in paragraph (f) after "act" insert "or act of
terrorism".
11 Section 9A substituted—Change of names or titles
For section 9A of the Emergency Management
Act 1986 substitute—
"9A Change of names or titles
Despite the changes of names or titles made
by the Emergency Management
Legislation Amendment Act 2011—
(a) the Minister is to be taken to be the
same person as the Co-ordinator in
Chief of Emergency Management;
(b) the State Emergency Response
Coordinator is to be taken to be the
same person as the State Co-ordinator
of DISPLAN;
(c) the Deputy State Emergency Response
Coordinator is to be taken to be the
same person as the Deputy State Coordinator of DISPLAN;
(d) an emergency response Coordinator is
to be taken to be the same person as a
Co-ordinator of DISPLAN;
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Emergency Management Legislation Amendment Act 2011
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Part 3—Emergency Management Act 1986
(e) the state emergency response plan is to
be taken to be the same plan as
DISPLAN—
and no act, matter or thing is in any way
abated or affected by that change.".
12 Amendment of section 16B
(1) In the heading to section 16B of the Emergency
Management Act 1986 omit "major fire".
(2) In section 16B(d) of the Emergency
Management Act 1986 for "section 16A(4)."
substitute "section 16A(4);".
(3) After section 16B(d) of the Emergency
Management Act 1986 insert—
"(e) a chief officer or other officer appointed
under section 16BA(3) or (4) to exercise his
or her power under section 16BA(5);
(f) the officer in charge of an agency having
overall control of response activities in
relation to an emergency, or an officer in
charge of another agency to which control of
any response activity is transferred under
section 16C(2A), to exercise his or her
power under section 16C(2B).".
13 Amendment of section 16C
(1) After section 16C(2) of the Emergency
Management Act 1986 insert—
"(2A) The officer in charge of an agency having
overall control of response activities in
relation to an emergency may, with the
consent of the officer in charge of another
agency, transfer control of any response
activity in relation to that emergency to any
officer of that other agency.
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s. 14
Part 3—Emergency Management Act 1986
(2B) The officer in charge of an agency having
overall control of response activities in
relation to an emergency or an officer in
charge of another agency to which control of
any response activity is transferred under
subsection (2A) may—
(a) appoint one or more controllers or
assistant controllers for the emergency;
or
(b) transfer control of any response activity
to one or more other persons.
(2C) An appointment of an officer under
subsection (2A) or (2B)(a) has effect for the
period specified in the instrument of
appointment.
(2D) The officer in charge of another agency to
which control of any response activity is
transferred under subsection (2A) or an
officer appointed under subsection (2B)(a)
may exercise the powers of the chief
operational officer of the agency having
overall control of response activities in
relation to the emergency.".
(2) In section 16C(3) of the Emergency
Management Act 1986 for "or 16A" substitute
", 16A or 16BA".
14 New section 16BA inserted—Control of response to
fire other than a major fire
After section 16B of the Emergency
Management Act 1986 insert—
"16BA Control of response to fire other than a
major fire
(1) In this section fire means a fire other than a
major fire.
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
Part 3—Emergency Management Act 1986
(2) This section applies if there is a fire which is
burning, or a fire may occur or which has
occurred, in any area of the State.
(3) The chief officers of the fire services
agencies may, by agreement, appoint the
chief officer or another officer of one of the
agencies to have the overall control of
response activities in relation to the fire.
(4) In the absence of an agreement under
subsection (3), the State Emergency
Response Coordinator may direct a chief
officer to appoint a chief officer or another
officer of one of the agencies to have the
overall control of response activities in
relation to the fire.
(5) A chief officer or other officer appointed
under subsection (3) or (4) may—
(a) appoint one or more assistant
controllers for the fire; or
(b) transfer control of any response activity
to one or more other persons.
(6) An appointment of an officer under
subsection (4) or (5)(a) has effect for the
period specified in the instrument of
appointment.
(7) Any officer appointed under subsection (4)
or (5)(a) 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
the fire in relation to which he or she has
overall control.
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No. 56 of 2011
s. 15
Part 3—Emergency Management Act 1986
(8) The provisions of this section prevail over
sections 33(2) and 93B(1) of the Country
Fire Authority Act 1958 and section 55E of
the Metropolitan Fire Brigades Act 1958.".
15 Amendment of section 21A—Audit of municipal
emergency management plans
In section 21A of the Emergency Management
Act 1986 for "Director" (wherever occurring)
substitute "Chief Officer, Operations".
16 Amendment of section 39—Regulations
In section 39(b) of the Emergency Management
Act 1986 before ";" insert "or the state emergency
recovery plan".
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
Part 4—Fire Services Commissioner Act 2010
s. 17
PART 4—FIRE SERVICES COMMISSIONER ACT 2010
17 Amendment of section 3—Definitions
In section 3 of the Fire Services Commissioner
Act 2010—
(a) the definition of emergency service agency
is repealed;
(b) for the definition of State Co-ordinator and
the note to that definition substitute—
"State Emergency Response Coordinator
has the same meaning as it has in the
Emergency Management Act 1986;
Note
Under section 11 of the Emergency
Management Act 1986 the State Emergency
Response Coordinator is the Chief
Commissioner of Police.".
18 Amendment of section 10—Functions and powers of
the Fire Services Commissioner
For section 10(1)(h) of the Fire Services
Commissioner Act 2010 substitute—
"(h) to manage the State's primary control centre
for the response to emergencies (including
major fires) on behalf of, and in
collaboration with, all agencies that may use
the primary control centre in response to
emergencies;".
19 Amendment of references
In sections 15(c), 18(4)(a)(iii), 22(c) and 25(2) of
the Fire Services Commissioner Act 2010 for
"State Co-ordinator" substitute "State Emergency
Response Coordinator".
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Authorised by the Chief Parliamentary Counsel
13
See:
Act No.
73/2010.
LawToday:
www.
legislation.
vic.gov.au
Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
s. 20
Part 5—Victoria State Emergency Service Act 2005
PART 5—VICTORIA STATE EMERGENCY SERVICE ACT
2005
20 Amendment of section 3—Definitions
See:
Act No.
51/2005.
Reprint No. 1
as at
23 October
2008
and
amending
Act No
9/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 3 of the Victoria State Emergency
Service Act 2005—
(a) after the definition of Chief Executive
Officer insert—
"Chief Officer, Operations means the Chief
Officer, Operations appointed under
section 29;";
(b) the definitions of Director of Operations and
DISPLAN are repealed;
(c) in the definition of emergency operations for
"DISPLAN" substitute "the state emergency
response plan";
(d) after the definition of State emergency
recovery plan insert—
"state emergency response plan means the
plan referred to in section 10 of the
Emergency Management Act 1986;".
21 Amendment of section 23—Power of delegation
In section 23 of the Victoria State Emergency
Service Act 2005 for "or any employee or class of
employees of the Authority" substitute ", a
Service member or class of Service members or
any person by name or to the holder of an office
or position approved by the Authority".
22 References to Director of Operations
In sections 28(2)(a), 29, 31, 32, 33, 34, 35, 36, 37,
38, and 39 of the Victoria State Emergency
Service Act 2005 for "Director of Operations"
(wherever occurring) substitute "Chief Officer,
Operations".
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Emergency Management Legislation Amendment Act 2011
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Part 5—Victoria State Emergency Service Act 2005
23 Amendment of section 31—Power of delegation
In section 31 of the Victoria State Emergency
Service Act 2005 for "any employee in the
Service" substitute "a Service member or class of
Service members or any person by name or to the
holder of an office or position approved by the
Authority".
24 Amendment of section 32—Powers and duties of
Chief Officer, Operations
In section 32(c) of the Victoria State Emergency
Service Act 2005 after "units" insert ", Service
members and any persons who voluntarily place
their services at the disposal of the Chief Officer,
Operations, either individually or as members of
any agency".
25 New section 32A inserted—Standing Orders
After section 32 of the Victoria State Emergency
Service Act 2005 insert—
"32A Standing Orders
(1) The Authority may issue Standing Orders for
or with respect to any operational or
administrative matters.
(2) A Service member must comply with
any Standing Orders issued under
subsection (1).".
26 Amendment of section 34—Registered units
(1) In section 34 of the Victoria State Emergency
Service Act 2005 for "Director of Operations"
(wherever occurring) substitute "Authority".
(2) In section 34(3) of the Victoria State Emergency
Service Act 2005 omit ", after consultation with a
DISPLAN co-ordinator appointed under
section 13 of the Emergency Management Act
1986,".
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
s. 27
Part 5—Victoria State Emergency Service Act 2005
(3) In section 34(4) of the Victoria State Emergency
Service Act 2005 omit "with the approval of the
Authority".
27 Amendment of section 39—Discharge by registered
unit of function under state emergency response
plan
(1) For the heading to section 39 of the Victoria
State Emergency Service Act 2005 substitute—
"Discharge by registered unit of function under
state emergency response plan".
(2) In section 39 of the Victoria State Emergency
Service Act 2005 for "DISPLAN" substitute "the
state emergency response plan".
28 New section 58 inserted—Change of title
After section 57 of the Victoria State Emergency
Service Act 2005 insert—
"58 Change of title
Despite the change of title made by section
22 of the Emergency Management
Legislation Amendment Act 2011 the
Chief Officer, Operations is to be taken to be
the same person as the Director of
Operations and no act, matter or thing is in
any way abated or affected by that change.".
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
Part 6—Miscellaneous
PART 6—MISCELLANEOUS
29 Non-Emergency Patient Transport Act 2003
(1) In section 3 of the Non-Emergency Patient
Transport Act 2003, the definition of
Co-ordinator in Chief is repealed.
(2) In section 4(1)(c)(ii) of the Non-Emergency
Patient Transport Act 2003 for "Co-ordinator in
Chief" substitute "Minister under the Emergency
Management Act 1986".
30 Public Administration Act 2004
In section 105A(3) of the Public Administration
Act 2004 for "Co-ordinator in Chief and the State
Co-ordinator" substitute "Minister and the State
Emergency Response Coordinator".
31 Public Health and Wellbeing Act 2008
In sections 198(1) and 198(3) of the Public
Health and Wellbeing Act 2008 for
"Co-ordinator in Chief and the State Co-ordinator"
substitute "Minister and the State Emergency
Response Coordinator".
32 Terrorism (Community Protection) Act 2003
(1) In section 15 of the Terrorism (Community
Protection) Act 2003, the definition of DISPLAN
is repealed.
(2) In section 19(1)(b) of the Terrorism
(Community Protection) Act 2003 for
"DISPLAN" substitute "the state emergency
response plan under the Emergency
Management Act 1986".
(3) In the note to section 19(1)(b) of the Terrorism
(Community Protection) Act 2003 for
"DISPLAN" substitute "the state emergency
response plan".
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
Part 6—Miscellaneous
s. 33
33 Repeal of amending Act
This Act is repealed on 31 December 2013.
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).
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Emergency Management Legislation Amendment Act 2011
No. 56 of 2011
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 14 September 2011
Legislative Council: 13 October 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the
Country Fire Authority Act 1958, the Emergency Management Act
1986, the Fire Services Commissioner Act 2010 and the Victoria State
Emergency Service Act 2005, to consequentially amend certain other
Acts and for other purposes."
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