Inquiry Search
Rec-ID | Code | Recommendation |
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REC258-2529 | 32 - Doctrine, standards, and reform | The Australian Transport Safety Bureau and the Civil Aviation Safety Authority utilise the provision in their bilateral Memorandum of Understanding to accredit CASA observers to ATSB investigations. |
REC258-2537 | 32 - Doctrine, standards, and reform | The Civil Aviation Safety Authority delegates responsibility for the day-to-day operational management of airspace to Airservices Australia, including the designation of air routes, short term designations of temporary Restricted Areas, and temporary changes to the classification of airspace for operational reasons. |
REC258-2527 | 32 - Doctrine, standards, and reform | The Department of Infrastructure and Regional Development plays a stronger policy role in the State Safety Program. |
REC258-2536 | 32 - Doctrine, standards, and reform | The Australian Transport Safety Bureau and the Civil Aviation Safety Authority amend the wording of their existing Memorandum of Understanding to make it more definitive about interaction, coordination, and cooperation. |
REC258-2562 | 32 - Doctrine, standards, and reform | The Civil Aviation Safety Authority amends the current Terms of Reference of the Industry Complaints Commissioner so that: |
REC258-2535 | 32 - Doctrine, standards, and reform | Airservices Australia, in conjunction with the Department of Infrastructure and Regional Development and the Civil Aviation Safety Authority, reconsiders the policy on ‘Assessment of Priorities’ that stipulates that air traffic controllers sequence arriving aircraft based on category of operation, rather than on the accepted international practice of ‘first come, first served’. |
REC258-2555 | 32 - Doctrine, standards, and reform | The Civil Aviation Safety Authority changes the current two-tier regulatory framework (act and regulations) to a three-tier structure (act, regulations and standards), with: |
REC258-2533 | 32 - Doctrine, standards, and reform | The Civil Aviation Safety Authority: |
REC258-2554 | 32 - Doctrine, standards, and reform | Recreational Aviation Administration Organisations, in coordination with the Civil Aviation Safety Authority, develop mechanisms to ensure all aircraft to be regulated under CASR Part 149 are registered. |
REC258-2531 | 32 - Doctrine, standards, and reform | The Civil Aviation Safety Authority’s Board exercises full governance control. The nonexecutive directors should possess a range of appropriate skills and backgrounds in aviation, safety, management, risk, regulation, governance and government. |
REC258-2538 | 32 - Doctrine, standards, and reform | The Department of Infrastructure and Regional Development and Department of Defence (and appropriate agencies) establish an agreed policy position on safety oversight of civil operations into joint user and military airports. |
Rec-ID | Code | Recommendation |
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REC256-1569 | 32 - Doctrine, standards, and reform | The provisions in the Queensland Sustainable Planning Act 2009 for injurious affection should be repealed. |
REC256-1562 | 32 - Doctrine, standards, and reform | The Australian Government should: |
REC256-1574 | 32 - Doctrine, standards, and reform | The Australian Government should establish a framework for the development of benchmark prices for the reconstruction of essential public assets. This should set out the broad parameters that state and territory governments should follow, without prescribing particular prices to be used. |
Rec-ID | Code | Recommendation |
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REC244-2608 | 32 - Doctrine, standards, and reform | Consider whether Regulation 71 be amended to extend the range of offences for which expiation fees apply to include a breach of any permit condition imposed by an authorised officer. |
REC244-2630 | 32 - Doctrine, standards, and reform | Clarify that Section 128 of the F&ES Act is not compromised by any other legislation. |
REC244-2613 | 32 - Doctrine, standards, and reform | Should the State Bushfire Coordination Committee continue to exist under the F&ES Act amend Section 94 (4) (c) to refer to the ‘State Bushfire Coordination Committee’. |
REC244-2599 | 32 - Doctrine, standards, and reform | That the MFS, CFS and SES be incorporated into a departmental structure under the direction of a Chief Executive based on interstate developments over the past two decades, which establishes this arrangement as the benchmark for the governance of Emergency Services in Australia. The MFS, CFS and SES would operate as separate units under the ultimate direction of the CEO. |
REC244-2623 | 32 - Doctrine, standards, and reform | That the F&ES Act be amended to enable fire safety inspections in and outside fire districts. |
REC244-2607 | 32 - Doctrine, standards, and reform | Amend Regulation 41 to exempt the use of prescribed appliances when a Hot Work Permit compliant with AS1674.1 has been issued. |
REC244-2629 | 32 - Doctrine, standards, and reform | The power of the Chief Officer to appoint officers from the staff of the SES as well as appoint volunteer officers of the SES be clarified. A command structure section (similar to Section 70) be incorporated into the Act and include the power to register, appoint, disqualify and terminate volunteer members. |
REC244-2612 | 32 - Doctrine, standards, and reform | Develop a code of practice which is referenced by the F&ES Act for burning off including the option to issue seasonal permits for relevant purposes throughout the State. |
REC244-2636 | 32 - Doctrine, standards, and reform | Amend the F&ES Act to provide for the operation of interstate fire and emergency service workers in South Australia. The issue of liability may need to be considered. |
REC244-2622 | 32 - Doctrine, standards, and reform | Amend Sections 28, 61 and 110 to provide the Chief Officers greater flexibility over organisational structure. |
REC244-2606 | 22 - Role of local Gvt | The Act be amended to require the mandatory appointment of Authorised Officers by each rural council or council that has within its area a Designated Urban Bushfire Risk Area(s) with an option for the CFS Chief Officer to exempt council from this requirement (similar to Section 105B). |
REC244-2628 | 32 - Doctrine, standards, and reform | Amend the F&ES Act to reflect the SES expanded responsibilities as Hazard Leader for ‘Extreme Weather’ including their community education role. |
REC244-2611 | 32 - Doctrine, standards, and reform | Review the format and necessity for Schedules 9 and 10 of the Regulations |
REC244-2635 | 32 - Doctrine, standards, and reform | The requirement to consult with members of the unit and the SESVA before an SES Unit is dissolved should remain but the need for public meetings be removed from the regulations. |
REC244-2621 | 36 - Volunteers | Greater attention needs to be given to the recruitment and retention of volunteers in alignment with the National Emergency Management Volunteer Action Plan. |
REC244-2604 | 8 - Communications and warnings | Notification of a total fire ban should be broadcast to the public via any means reasonably available. Section 80, parts (2), (5) and (6) be amended so that broadcast fire ban warnings include, but not be limited to, radio stations, internet sites, social media outlets etc. |
REC244-2626 | 32 - Doctrine, standards, and reform | Section 70 (5) be amended to preclude a person from being elected as a group officer, brigade captain or brigade lieutenant if he or she is an employee of the CFS. |
REC244-2610 | 32 - Doctrine, standards, and reform | Amend Regulation 33 (6) and (8) to include respectively ‘notice given’ and ‘permit application’ using the online medium. |
REC244-2633 | 32 - Doctrine, standards, and reform | Amend Section 143 to strengthen the capacity of the ESOs to recover outstanding debts (e.g. penalty for late payment provisions). |
REC244-2615 | 32 - Doctrine, standards, and reform | In consultation with stakeholders including CFA, develop a Forest Industry Brigade standard for inclusion in the Fire and Emergency Services Regulations. |
REC244-2603 | 32 - Doctrine, standards, and reform | Should the State Bushfire Coordination Committee continue to exist under the F&ES Act, then Section 71 of the Act be amended to provide for the appointment of an independent presiding member of the committee. |
REC244-2625 | 32 - Doctrine, standards, and reform | Sections 42 and 97 be amended to provide greater flexibility in the engagement of contractors by Senior MFS and CFS Officers. Consideration be given to providing similar powers in Section 118 to enable the SES to engage contractors. |
REC244-2609 | 32 - Doctrine, standards, and reform | That the proposed ‘Permit Information Management System’ (PIMS) be implemented as soon as possible and incorporated into the Call Receipt and Dispatch process. Following implementation, amend Regulation 33 (5) (d) and (10) (c) in line with the automated notification process. |
REC244-2632 | 32 - Doctrine, standards, and reform | Section 142 be amended to include the SES |
REC244-2614 | 32 - Doctrine, standards, and reform | Consider the amendment of Section 82 (2) to include the power to order the cessation of harvesting or any other actions (including the lighting of fires authorised under Section 81) that because of the weather conditions, may cause a fire, if ignited, to get out of control. |
REC244-2602 | 32 - Doctrine, standards, and reform | That South Australia’s Hazard Leader Plan for Rural Fire, prepared in accordance with the State Emergency Management Plan, replace the F&ES Act requirement for a separate State Bushfire Management Plan. |
REC244-2624 | 32 - Doctrine, standards, and reform | The F&ES Act be amended to clarify the meaning of ‘closure’ in Section 38 and that provisions relating to the extension and rescission of closure orders be reviewed. |
Rec-ID | Code | Recommendation |
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REC239-2705 | 32 - Doctrine, standards, and reform | That the Inspector General Emergency Management assess the effectiveness of plans and policy in relation to SES deployment and command and control. |
REC239-2666 | 32 - Doctrine, standards, and reform | That a system should be designed so that the prisoner and the prisoner’s prescribed drugs are treated as one and therefore travel together through the system for whatever purpose. |
REC239-2736 | 36 - Volunteers | That training for volunteers be reviewed to determine which courses require national standardisation. Organisational training should then address the remaining training needs. The review should take into account the risk exposure to government agencies if changes are to be made. |
REC239-2693 | 32 - Doctrine, standards, and reform | That the presence of police in State Disaster Coordination Centre response teams is mandated and formalised through documented standard operating procedures. |
REC239-2756 | 32 - Doctrine, standards, and reform | That the Chief Executive Officer Portfolio Business consider ‘big data’ problems and solutions in line with the outcome of the efficiency review into the Queensland Police Service and ensure alignment with whole of government solutions. |
REC239-2704 | 32 - Doctrine, standards, and reform | That the current SES memoranda of agreement between the Department of Community Safety and local governments be revised to include a clear statement as to the command and control arrangements between State and respective local governments. These arrangements should also be reflected in the local disaster management plans. |
REC239-2735 | 32 - Doctrine, standards, and reform | That the new Department of Fire and Emergency Services develop a common doctrine to protect people from fire and emergencies. |
REC239-2690 | 8 - Communications and warnings | That the Chief Executive Officer Portfolio Business and Commissioners establish a high level working group with the ABC and commercial media to identify and implement an improved information flow to the community on disasters. |
REC239-2755 | 32 - Doctrine, standards, and reform | That the Queensland Police Service bring this practice to the attention of the Privacy Commissioner and discuss a new service wide policy on the retention of data to ensure that their officers are not acting in breach of the law. |
REC239-2702 | 32 - Doctrine, standards, and reform | That the Queensland Police Service and SES develop clear operational protocols to ensure that SES assistance is not exploited. |
REC239-2728 | 32 - Doctrine, standards, and reform | That the Fire and Rescue Act 1990 be amended so that Commissioner’s position is not limited to a “person with professional experience in fire prevention and fire fighting”. |
REC239-2688 | 22 - Role of local Gvt | That in establishing new disaster districts, the first guiding principle must be to align with local government boundaries and that divergence should only occur when there is a need to address a unique local circumstance. |
REC239-2746 | 36 - Volunteers | That volunteers should be engaged to assist in determining what constitutes ‘fit for task’ and how that should be implemented. |
REC239-2697 | 32 - Doctrine, standards, and reform | That the Queensland Police Service Disaster Management Unit work with emergency management staff in the new portfolio to produce the State disaster management plan. |
REC239-2718 | 32 - Doctrine, standards, and reform | That the Department of Fire and Emergency Services be created through the renaming and amendment to the existing Fire and Rescue Service Act 1990 including: |
REC239-2676 | 32 - Doctrine, standards, and reform | That any changed arrangements to the operations of Queensland Corrective Service ensure anti-corruption, prisoner management, and accountability processes are defined and established. |
REC239-2739 | 36 - Volunteers | That the Queensland Police Service and the Department of Community Safety develop intuitive, easily accessible systems that reduce the administrative burden on volunteers and their time. Greater exploitation of technology to deliver intuitive, simple and practical systems is required. |
REC239-2696 | 32 - Doctrine, standards, and reform | That the Queensland Police Service Disaster Management Unit be given responsibility for production of the State disaster management plan for the State Disaster Management Group’s approval. |
REC239-2717 | 32 - Doctrine, standards, and reform | That the ‘Functions of Chief Executive’ under the Disaster Management Act 2003 are amended to remove those functions that will become the role of the proposed Inspector General of Emergency Management. |
REC239-2668 | 32 - Doctrine, standards, and reform | That as part of reviewing its legislation, Queensland Corrective Service should ensure that amendments be made to ensure a stronger onus is placed upon a more efficient process to receive prisoners with a view to reducing the time spent in police watch houses. |
REC239-2738 | 36 - Volunteers | That the current employer and family recognition practices be reviewed with a view to meet the needs of volunteers, their families and their employers. |
REC239-2695 | 32 - Doctrine, standards, and reform | That the Disaster Management Act 2003 be amended to: |
Rec-ID | Code | Recommendation |
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REC237-0826 | 32 - Doctrine, standards, and reform | That the NSW Rural Fire Service hold discussions with the Commonwealth Department of Sustainability, Environment, Water, Population and Communities about hazard reduction and roadside vegetation, including potential changes to the NSW Bush Fire Environmental Assessment Code. |
REC237-0819 | 32 - Doctrine, standards, and reform | That section 56 of the Rural Fires Act 1997 be amended to give the Commissioner of the NSW Rural Fire Service the power to direct a Bush Fire Management Committee to amend its Bush Fire Risk Management Plan if it is inadequate, in the opinion of the Commissioner. |
REC237-0824 | 32 - Doctrine, standards, and reform | That section 100I of the Rural Fires Act 1997 be amended to allow hazard reduction certificates to be issued for annual low impact works for a period of three years, where appropriate. |
REC237-0818 | 32 - Doctrine, standards, and reform | That section 9(4)(b) of the Rural Fires Act 1997, which sets out the functions of the NSW Rural Fire Service, be amended to include protecting infrastructure, environmental, economic, cultural, agricultural and social assets from damage. |
REC237-0823 | 32 - Doctrine, standards, and reform | That section 74 of the Rural Fires Act 1997 be amended to require public authorities to report monthly to the Commissioner of the NSW Rural Fire Service on activities undertaken to reduce bush fire hazards on managed land during the preceding month and the reasons why any planned activities did not take place. |
REC237-0832 | 32 - Doctrine, standards, and reform | That the NSW Rural Fire Service investigate use of appropriate modelling, such as PHOENIX RapidFire and the Bayesian Network analysis, to quantify the level of bush fire risk to critical values and assets. |
REC237-0817 | 32 - Doctrine, standards, and reform | That section 3(c) of the Rural Fires Act 1997, which sets out the objects of the Act, be extended to include protecting infrastructure, environmental, economic, cultural, agricultural and social assets from damage. |
REC237-0822 | 32 - Doctrine, standards, and reform | That section 74 of the Rural Fires Act 1997 be amended to require public authorities to report to the Commissioner of the NSW Rural Fire Service within one month of the end of the financial year on activities undertaken to reduce bush fire hazards on managed land during the preceding financial year. |
REC237-0831 | 32 - Doctrine, standards, and reform | That Bush Fire Management Committees be required to take into account fuel age and fire frequency thresholds when developing Bush Fire Risk Management Plans |
REC237-0821 | 32 - Doctrine, standards, and reform | That the definition of “bush fire hazard reduction work” in the Dictionary of the Rural Fires Act 1997 be amended to include the establishment or maintenance of fire trails. |
REC237-0827 | 32 - Doctrine, standards, and reform | The Panel notes and endorses the NSW bush fire management system based on a multi-agency, tenure blind approach using locally focused Bush Fire Management Committees, Bush Fire Management Plans and the Bush Fire Environmental Assessment Code as best practice. |
REC237-0820 | 32 - Doctrine, standards, and reform | That the Rural Fires Act 1997 be amended to allow the Commissioner of the NSW Rural Fire Service to carry out hazard reduction on land without the consent of the owner after reasonable attempts to contact the landowner have failed, without serving a notice under section 66 of the Rural Fires Act. |
Rec-ID | Code | Recommendation |
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REC207-2884 | 32 - Doctrine, standards, and reform | Focus leadership practices to re-orient culture away from customisation and experimentation and towards reliable, efficient and consistent documented processes |
REC207-2883 | 32 - Doctrine, standards, and reform | Start a project to introduce organisational process thinking with a view to standardising processes and product specifications. |
REC207-2880 | 32 - Doctrine, standards, and reform | Ensure the Bureau puts in place necessary planning and governance arrangements to develop its bid for capital funding to maintain its critical supercomputing capacity |
REC207-2875 | 32 - Doctrine, standards, and reform | Agree clear allocation of responsibilities to state and local government for flood management, with defined boundaries on the Bureau’s role and: |
REC207-2874 | 32 - Doctrine, standards, and reform | Formalise and standardise service levels provided to emergency services. |
Rec-ID | Code | Recommendation |
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REC205-1895 | 32 - Doctrine, standards, and reform | Reforms to address barriers to effective climate change adaptation should be assessed on a case-by-case basis to determine whether they are likely to deliver net benefits to the community. This should include consideration of any risks to their implementation. |
Rec-ID | Code | Recommendation |
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REC197-1740 | 36 - Volunteers | The CFA, in consultation with the VFBV and volunteers, develop and introduce an arrangement whereby a volunteer can transfer from one brigade to another and still remain a member of the CFA, without the need to resign. |
REC197-1739 | 36 - Volunteers | The CFA, in consultation with the VFBV and volunteers, develop a systemic exit strategy, which ensures that relevant information is captured consistently across all brigades. |
REC197-1735 | 36 - Volunteers | A. The CFA continue to explore and develop initiatives with modern information and communication technologies to maximise the benefits that they may bring to volunteer involvement in the CFA. |
REC197-1770 | 36 - Volunteers | The CFA, in consultation with the VFBV and volunteers, review the arrangements for the reimbursement of volunteer expenses. This review could be done in conjunction with the review of possible reimbursement of employers of CFA volunteers as recommended in Recommendation 5. |
REC197-1734 | 36 - Volunteers | A. Consideration be given to the VFBV being funded directly by Government rather than by the CFA. |
REC197-1745 | 36 - Volunteers | The CFA revisit with the UFU the arrangements relating to Community Education Firefighters/Fire Officers and the use of volunteers in this role. |
REC197-1742 | 36 - Volunteers | The CFA, in consultation with the VFBV and volunteers, develop initiatives and strategies that will maximise the involvement of young people as volunteers and their retention as volunteers. |
Rec-ID | Code | Recommendation |
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REC189-2909 | 32 - Doctrine, standards, and reform | Equipping the regulator with a wider range of compliance tools under the legislation should continue to be a policy priority. The aim should be to enhance the regulator’s capacity to secure compliance in an appropriately graduated way. The opportunity should be taken to ensure that the regulator and inspectors can, in appropriate cases, bring proceedings that do not require referral to the Commonwealth Director of Public Prosecutions, such as actions for civil penalties or injunctions. |
REC189-2914 | 32 - Doctrine, standards, and reform | The review team recommend that: |
Rec-ID | Code | Recommendation |
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REC165-0083 | 32 - Doctrine, standards, and reform | The Chairperson of SDMG (where leadership is not already defined in relevant National Plans) nominate a senior officer to assume overall responsibility for control and coordination of each disaster event to ensure a decisive and effective response. At Local level the Act provide for the CEO in consultation with the LDMC to appoint a public official/s with required training and competence as Local Controller. |
REC165-0091 | 32 - Doctrine, standards, and reform | EMQ resources be directed to continually improving, monitoring and regularly evaluating the State's Disaster Management system with a priority focus on providing support to Local Government levels including interlinking exercises involving District and State arrangements. |
REC165-0082 | 33 - Relief and recovery | Current procedures to activate disaster recovery funding arrangements be retained and processes be reinforced. |
REC165-0089 | 33 - Relief and recovery | The SDMG lead an initiative to deal at all levels with offers of assistance and donations from the general public in the event of disasters. |
REC165-0099 | 32 - Doctrine, standards, and reform | The suggested summary of legislative changes guide the legislative response to the report incorporating consultation with key stakeholders at State, District and Local levels. |
REC165-0080 | 32 - Doctrine, standards, and reform | The State Disaster Management Plan incorporate linkages with all Lead Agencies and officers in control of National Plan or Agreement response. All of these Plans and Agreements should have a formal requirement to ensure officers in charge work within the State's Disaster Management framework to deliver Disaster Management responses. |
REC165-0088 | 32 - Doctrine, standards, and reform | The State Disaster Management Act be strengthened by a description of the phases of Disaster Management with emphasis on the key elements within each phase including the recovery phase; Lead Agencies and nominated leaders in each area of Queensland for each of the four key elements of recovery be identified and provided with the appropriate training and familiarisation of their role to ensure the adequacy of planning at District and Local level throughout Queensland; Lead Agencies be responsible for maintaining strong relationships with counterparts at the Federal Government level to ensure necessary Federal support for State and Local recovery initiatives after disaster events; Response arrangements remain in place until the State Controller is satisfied that recovery leadership arrangements are in place at Local, District and State levels; Recovery leadership and support from State level remain in place until local recovery is substantially completed. |
REC165-0094 | 32 - Doctrine, standards, and reform | The Act be amended to make it clear that Disaster Controllers/Coordinators at all levels are to be authorised public officials with the necessary training and authority to properly discharge the role and provide an effective direct line of support, coordination and control of disaster events. The Act and State Plan provide guidance about appropriate role and functions of elected representatives during all disaster event phases. The Major Incidents Group and State Security Committee be merged to become the State Disaster and Security Council with role as suggested in this report. |
REC165-0079 | 32 - Doctrine, standards, and reform | The Act be amended (Sections 45, 46, 47) to enable verbal directions in times of disaster responses from a State Controller to DDC to Local Controller, which must be committed to writing promptly to formalise the record. |
REC165-0087 | 8 - Communications and warnings | The SDMG commission the Department of Community Safety and seek the necessary funding to develop and enhance the Statewide Disaster Management information and communications system building on alternatives already in place and in consultation with all levels of Government. |
REC165-0093 | 32 - Doctrine, standards, and reform | The Department of Community Safety (through EMQ) be assigned in the Act with the responsibility to develop, maintain, monitor and continuously improve the State's Disaster Management arrangements and systems. The Executive Director, EMQ, be a member of SDMG with the Director-General, Department of Community Safety. The position of Executive Officer, SDMG, be assigned appropriate support roles to SDMG. An officer other than the Executive Director, EMQ, or the State Controller of a disaster event, perform the role of Executive Officer to the SDMG. A dedicated Assistant Commissioner of Police be assigned the role of control, coordination and overall responsibility for Queensland's response to disaster events other than those subject to National Plans and Agreements. |
REC165-0078 | 32 - Doctrine, standards, and reform | The basic tenet of a local community response as the foundation of Queensland's Disaster Management framework, with a clear description of the relationships between the levels and description of the phases of Disaster Management, needs to be more strongly emphasised in the "objects" of the legislation and "how objects are to be achieved". |
REC165-0084 | 32 - Doctrine, standards, and reform | The State Disaster Management Group focus on Disaster Management strategy and policy with sub-committees or appropriate levels in the Disaster Management system assigned detailed disaster planning or risk management assessment roles. New group members be provided with an induction briefing about the State's Disaster Management arrangements by the Executive Officer prior to attending their first meeting. |
REC165-0092 | 32 - Doctrine, standards, and reform | Executive Officers to DDCs be serving Police Officers. Regional and Area officers of EMQ be members of Local and District Disaster Management Groups to enable them to fulfil their Statewide support and governance roles. |
Rec-ID | Code | Recommendation |
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REC161-3026 | 32 - Doctrine, standards, and reform | That the Commonwealth consider a plain English rewrite of the Navigation Act 1912 with the aim of producing a modern, performance-based Act. |
REC161-3033 | 32 - Doctrine, standards, and reform | That the Commonwealth Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996 regulations be amended to explicitly enable assessment of safety culture, leadership, and consideration of operator past history, motivation and current capacity in approvals of safety cases. National Offshore Petroleum Safety Authority should be able to audit against these criteria and challenge operators on these issues. |
REC161-3040 | 32 - Doctrine, standards, and reform | We recommend the Commonwealth consider a plain English rewrite of the Navigation Act 1912 with the aim of producing a modern, performance-based Act. |
REC161-3025 | 32 - Doctrine, standards, and reform | That Australian Maritime Safety Authority should have a role in assuring continuing marine standards that are not inconsistent with Offshore Petroleum and Greenhouse Gas Storage Act 2006 provisions and that Australian Maritime Safety Authority needs defined powers to assist National Offshore Petroleum Safety Authority (NOPSA) in minimising risk in the offshore petroleum industry. Potential mechanisms for achieving this outcome include: providing Australian Maritime Safety Authority with defined powers and obligations under the Offshore Petroleum and Greenhouse Gas Storage Act 2006, thereby ensuring that the Authority becomes an effective inspector/regulator of vessels while they are deemed to be facilities; or revising the current Commonwealth maritime legislation disapplication provisions of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 with the aim of achieving the same goal. If it can be readily achieved and is an efficient regulatory option, we believe the first option is preferable. |
REC161-3032 | 32 - Doctrine, standards, and reform | That the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and its subsidiary regulations be amended to enable National Offshore Petroleum Safety Authority to have a broader range of graduated compliance tools including the ability to impose a civil fine on an operator per day of non compliance with an improvement or prohibition notice. Legislation should also be considered that would enable National Offshore Petroleum Safety Authority to make public, with appropriate safeguards, specific information concerning its enforcement actions including the name of the operator, the breach, and the enforcement action required including potential penalties. |
REC161-3039 | 32 - Doctrine, standards, and reform | We recommend that AMSA should have a role in assuring continuing marine standards that are not inconsistent with Offshore Petroleum and Greenhouse Gas Storage Act (OPGGS) Act provisions and that AMSA needs defined powers to assist NOPSA in minimising risk in the offshore petroleum industry. Potential mechanisms for achieving this outcome include: providing AMSA with defined powers and obligations under the OPGGS Act, thereby ensuring that the Authority becomes an effective inspector/regulator of vessels while they are deemed to be facilities; or revising the current Commonwealth maritime legislation disapplication provisions of the OPGGS Act with the aim of achieving the same goal. If it can be readily achieved and is an efficient regulatory option, we believe the first option is preferable. |
REC161-3024 | 32 - Doctrine, standards, and reform | That the Commonwealth Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations 1996 Regulations be amended to ensure that the safety case for a floating facility specifically identifies when command structure changes occur (which may be well before departing the site and associated zone). We also recommend that the Offshore Petroleum and Greenhouse Gas Storage Act 2006 be amended so that a vessel becomes a facility when any part of it comes within 500 metres of the site and continues to be a facility until no part of the |
REC161-3031 | 32 - Doctrine, standards, and reform | That National Offshore Petroleum Safety Authority develop a robust risk assessment matrix for use in assessing and responding to the changing risk associated with each facility and the operator. Further, we recommend that National Offshore Petroleum Safety Authority increase auditing frequency and duration to audit each manned facility on average twice per year (covering each staff swing), but more often if the risk matrix indicates this is necessary; and that audits should average several days actually on major facilities. |
REC161-3038 | 32 - Doctrine, standards, and reform | We recommend that the Commonwealth Petroleum (Submerged Lands) (Management of Safety on Offshore Facilities) Regulations (MOSO) be amended to ensure that the safety case for a floating facility specifically identifies when command structure changes occur (which may be well before departing the site and associated zone). We also recommend that the OPGGS Act be amended so that a vessel becomes a facility when any part of it comes within 500 metres of the site and continues to be a facility until no part of the vessel remains within 500 metres of the site. |
REC161-3023 | 32 - Doctrine, standards, and reform | That the Commonwealth undertake legislative change that will ensure that when any floating facility reverts to a ‘navigable form’, the relevant provisions of the Navigation Act and the OHSMI Act will apply regardless of any voyage criteria. This will help to ensure that all Australian seafarers are covered. |
REC161-3029 | 32 - Doctrine, standards, and reform | In relation to safety case development and compliance overall, that National Offshore Petroleum Safety Authority revise its approach to interacting with operators prior to the safety case assessment process and subsequently and direct more resources into its advisory functions. We further recommend that National Offshore Petroleum Safety Authority develop and implement a formal plan for supporting and guiding each operator prior to safety case acceptance, as well as for ongoing compliance with that safety case, recognising the unique experience, capabilities and assessed risk of that operator. Each plan needs to include advice, education and liaison meetings with the operators. The plan needs to be continuously reviewed and reassessed based on latest information, including the interaction with the operator. Implementation should be reviewed at a senior level within National Offshore Petroleum Safety Authority. |
REC161-3037 | 32 - Doctrine, standards, and reform | We recommend that the Commonwealth undertake legislative change that will ensure that when any floating facility reverts to a ‘navigable form’, the relevant provisions of the Navigation Act and the OHSMI Act will apply regardless of any voyage criteria. This will help to ensure that all Australian seafarers are covered. |
REC161-3027 | 32 - Doctrine, standards, and reform | That powers should be conferred on National Offshore Petroleum Safety Authority to enable it to effectively regulate safety and integrity for all facilities and pipelines in the water and the WA islands which export gas by pipeline. National Offshore Petroleum Safety Authority’s authority should extend to the nearest valve on the mainland above the shore crossing. |
REC161-3036 | 32 - Doctrine, standards, and reform | That the Commonwealth and States/Northern Territory legislate to establish a properly resourced and empowered independent national safety investigation capacity to investigate serious oil and gas industry (including pipeline) incidents including near miss events that could have led to a major accident event. We further recommend that the regulatory investigatory powers under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 be reviewed in the context of powers for the proposed independent national safety investigator, noting that the regulator must retain those investigatory powers necessary in order to fulfil its legislative functions. |
Rec-ID | Code | Recommendation |
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REC151-3087 | 32 - Doctrine, standards, and reform | Section 90 – provisions relating to smoking, and throwing burning material be removed from the principal FES Act and placed in the Regulations. |
REC151-3105 | 32 - Doctrine, standards, and reform | With the implementation of the Ministerial Review of Bushfire Management in South Australia, the provisions in Sections 84 and 85 be reviewed in terms of enforcing hazard reduction on council or Crown land. |
REC151-3063 | 32 - Doctrine, standards, and reform | The preamble of the Fire and Emergency Services (FES) Act be amended to include a stronger emphasis on the strategic and policy purposes of the Commission, highlighting its key role in the governance of the emergency services sector. |
REC151-3070 | 32 - Doctrine, standards, and reform | Crown law opinion be obtained to determine whether additional functions now undertaken by the Commission following the devolvement of the functions of the Security and Emergency Management Office (SEMO) require an amendment to the FES Act. |
REC151-3092 | 19 - Offences | Expiation fees be reviewed so as to be consistent with the seriousness of the offences. |
REC151-3111 | 32 - Doctrine, standards, and reform | Crown law opinion be obtained as to what amendments, if necessary or appropriate, are required to satisfy Recommendation 29.9(7) of the Wangary Coronial Inquest, that a dedicated bushfire prevention officer be appointed. |
REC151-3076 | 32 - Doctrine, standards, and reform | Provisions in Section 11(1)(e)(i) and (ii) relating to appointments of volunteer associations to the SAFECOM Board be removed. |
REC151-3097 | 32 - Doctrine, standards, and reform | Regulation 8(4)(b) be amended to allow persons of or above 16 years of age to register as fire-fighters. |
REC151-3086 | 32 - Doctrine, standards, and reform | Section 88 – requirement to carry fire extinguishers in a caravan be removed from the principal FES Act and placed in the Regulations. |
REC151-3104 | 32 - Doctrine, standards, and reform | SAFECOM in consultation with SAMFS consider the merits of amending Sections 49- 51 to replace the right to appeal from the District Court to the South Australian Industrial Relations Commission. |
REC151-3069 | 32 - Doctrine, standards, and reform | Consistent with the requirement for Emergency Service Organisations, the FES Act be amended to require South Australian Fire and Emergency Commission (SAFECOM) to submit a workforce plan to the Board. |
REC151-3091 | 32 - Doctrine, standards, and reform | Regulation 48 regarding prescribed offences be amended to include Section 79(2)(e) or its equivalent under the amendment proposed in Recommendation 22 above. |
REC151-3110 | 32 - Doctrine, standards, and reform | Further to Recommendations 11 and 12 above concerning the joining of Sections 56 and 83 of the FES Act, that these existing provisions be examined to determine whether they provide sufficient authority to address Recommendation 29.9(4) of the Wangary Coronial Inquest so as to require the owners or occupiers of rural land to create fire breaks and/or the removal of flammable materials from the land, as measures for preventing the outbreak of a bushfire, or for preventing the spread or extension of a bushfire. |
REC151-3075 | 32 - Doctrine, standards, and reform | Section 92 include the facility to issue a warrant for the relevant authority to break into land or buildings for the purposes of determining what measures have been taken for the prevention, control or suppression of fire or for the prevention of, or for dealing with, the escape of hazardous materials; and that costs and expenses in doing so are recoverable. |
REC151-3096 | 32 - Doctrine, standards, and reform | All Regulations relating to constitutions be deleted; the FES Act be amended to allow the Chief Officers to prescribe the constitution; and the process for the management of a SACFS brigade/group and a SASES unit to be in the form of an administrative instruction. |
REC151-3085 | 32 - Doctrine, standards, and reform | With the implementation of the Ministerial Review of Bushfire Management in South Australia, consideration should be given to provisions within Part 4, Division 7 of the principal FES Act which would be more appropriately placed in the Regulations. |
REC151-3103 | 32 - Doctrine, standards, and reform | Provisions be included in the Regulations for mediation in appropriate circumstances. |
REC151-3068 | 32 - Doctrine, standards, and reform | The FES Act be amended so as to allow the Chief Executive (CE) to manage the Commission (SAFECOM) Office by removing provisions relative to the SAFECOM Board’s managerial and administrative oversight of the Commission. |
REC151-3090 | 32 - Doctrine, standards, and reform | Following the amendment to Section 79 as proposed above in Recommendation 22, a definition of, ‘properly constructed fire place’ and ‘properly constructed incinerator’ be included in the new Regulation. |
REC151-3109 | 36 - Volunteers | As a matter of priority, SAFECOM examine what further measures can be taken to provide support and protection for volunteers as potential witnesses in public enquiries. |
REC151-3074 | 32 - Doctrine, standards, and reform | Sections 56 and 83 (amended as suggested above) include the facility to issue a warrant for the relevant authority to break into land or buildings to carry out requirements regarding flammable undergrowth or material; and that costs and expenses in doing so are recoverable. |
REC151-3094 | 32 - Doctrine, standards, and reform | Where in the FES Act reference is made to ‘South Australian Volunteer Fire-Brigades Association’ this be removed and replaced with, ‘Country Fire Service Volunteers Association’. |
REC151-3084 | 32 - Doctrine, standards, and reform | Section 79(1) – provisions relating to lighting or maintaining a fire in the open air during the fire danger season be retained in the principal FES Act; Section 79(2) be amended to provide that a fire may be lit or maintained in accordance with the Regulations; provisions specifying the conditions under which a fire can be lit or maintained, and currently under Section 79(2), be placed in the Regulations. |
REC151-3102 | 32 - Doctrine, standards, and reform | Regulations 22 and 62 be reviewed to ensure reports regarding conduct must be relevant to the enquiry. |
REC151-3065 | 32 - Doctrine, standards, and reform | The FES Act be amended to create the position which currently has the working title of ‘Commissioner of Fire and Emergencies’ to replace the position of CE and that the FES Act be amended in places where this position is mentioned. |
REC151-3089 | 32 - Doctrine, standards, and reform | The definition of ‘officer’ in Section 3 be amended to include reference to the designation being made by the Chief Officer. |
REC151-3108 | 36 - Volunteers | Liability and immunity as these provisions apply in Section 127 be reassessed in terms of burden of proof so as to ensure the best protection for volunteers. |
REC151-3073 | 32 - Doctrine, standards, and reform | Sections 56 and 83 be repealed and replaced with a single section which unifies their provisions. |
REC151-3094 | 32 - Doctrine, standards, and reform | Where in the FES Act reference is made to ‘South Australian Volunteer Fire-Brigades Association’ this be removed and replaced with, ‘Country Fire Service Volunteers Association’. |
REC151-3082 | 32 - Doctrine, standards, and reform | The Regulations be amended to include appropriate references to the Unit Managers Advisory Group (SASES) consistent with those of the Group Committee (SACFS). |
REC151-3101 | 32 - Doctrine, standards, and reform | Divisions and Subdivisions and Regulations 22 and 62 headings relating to conduct and discipline be changed to have similar wording and should include, “Conduct, Discipline and Grievance Procedures for Members”. |
REC151-3088 | 32 - Doctrine, standards, and reform | Sections 68 and 116 – provisions relating to the establishment/dissolution of SACFS Brigades and SASES Units be amended so as to retain the head of power in the principal FES Act and that the procedural provisions within each of these sections be placed in the Regulations. |
REC151-3106 | 32 - Doctrine, standards, and reform | A schedule for revocation of permits be included in the Regulations. |
REC151-3064 | 32 - Doctrine, standards, and reform | The FES Act be amended to include a definition of ‘operations’ and/or ‘operational’. |
REC151-3072 | 32 - Doctrine, standards, and reform | Provisions in the FES Act relating to, “land management principles” be reviewed in consultation with appropriate agencies and having due regard to the recommendations of the Wangary Coronial Inquest. |
REC151-3093 | 32 - Doctrine, standards, and reform | Where in the FES Act reference is made to, ‘an officer of the National Parks and Wildlife Service’ this be removed and replaced with, ‘an officer of the Department for Environment and Heritage’. |
REC151-3081 | 32 - Doctrine, standards, and reform | So as to increase the pool of volunteers from which the Minister can appoint Advisory Board members, Section 18(3)(c) and (d) be amended to include nominations from the Group Committee (SACFS) and Unit Managers Advisory Group (SASES). |
REC151-3100 | 32 - Doctrine, standards, and reform | Section 70(12) (relating to disciplinary action) be amended to include, where the officer is an employee of a government agency, the Chief Officer shall advise an appropriate representative of the agency prior to any disciplinary action being taken. |
Rec-ID | Code | Recommendation |
---|---|---|
REC149-3141 | 32 - Doctrine, standards, and reform | NOPSA should complete the next revision of Safety Case guidelines in consultation and agreement with stakeholders and continue its program to achieve consistency with a firmer hand from the CEO and management. |
REC149-3140 | 32 - Doctrine, standards, and reform | The industry should provide advice to NOPSA on where the regulations do not provide sufficient clarity and consider developing broad policy/process guidelines in consultation with the regulator to provide clarity and consistency. Regulators should not take personal views or preferences. |
REC149-3134 | 32 - Doctrine, standards, and reform | Improved and agreed guidelines for Safety Case application and assessment, including suggested structure and content, would alleviate many current problems related to Safety Case processes. |
REC149-3130 | 32 - Doctrine, standards, and reform | The regulations pertaining to vessels of opportunity or their interpretation should be changed to facilitate a risk based approach to regulation. This approach will be consistent with the approach taken in other jurisdictions. |
REC149-3129 | 32 - Doctrine, standards, and reform | The consequences of the disapplication of the Navigation Act 1912 should be analysed, the actual consequences identified and unintended consequences addressed. |
REC149-3142 | 19 - Offences | NOPSA should use encouragement as the primary tool of enforcing compliance provided willingness to improve is exhibited by the players. |
Rec-ID | Code | Recommendation |
---|---|---|
REC140-3572 | 32 - Doctrine, standards, and reform | A DHHS website be developed to list policies, procedures and guidelines relevant to critical care retrieval including the NETS policies. |
Rec-ID | Code | Recommendation |
---|---|---|
REC121-3667 | 32 - Doctrine, standards, and reform | RailCorp should develop and implement an emergency response plan for management of all rail accidents. Such a plan should be subsumed by the rail displan in the case of serious accidents or incidents. |
REC121-3728 | 32 - Doctrine, standards, and reform | Any barriers to communication between OTSI and ITSRR should be removed, so as to ensure that any findings made by OTSI in relation to any investigation it conducts are reported immediately to ITSRR. |
REC121-3685 | 32 - Doctrine, standards, and reform | The ITSRR should impose a standard in relation to the collection and use of data from data loggers. |
REC121-3760 | 32 - Doctrine, standards, and reform | The Advisory Board established under the Transport Legislation Amendment (Safety and Reliability) Act 2003 must be abolished. |
REC121-3696 | 32 - Doctrine, standards, and reform | Defects reporting, recording and rectification should be integrated with the RailCorp regimes for train maintenance. |
REC121-3770 | 32 - Doctrine, standards, and reform | A safety management system regulation should be promulgated, specifying the requirements of safety management systems in all accredited organisations, using Annexure I to this report as a guide |
REC121-3662 | 32 - Doctrine, standards, and reform | The rail displan should provide for the site controller to have complete control of the site, with other agencies co-ordinating with and supporting him or her, until the rescue phase of the emergency response has been completed. |
REC121-3727 | 32 - Doctrine, standards, and reform | The relevant legislation should be amended to provide expressly that OTSI and the Chief Investigator have the power to initiate a rail accident or incident investigation. |
REC121-3679 | 32 - Doctrine, standards, and reform | The rail safety regulator should set standards for the design, manufacture, testing and commissioning of rolling stock to ensure that the rolling stock is fit for its purpose. |
REC121-3750 | 32 - Doctrine, standards, and reform | ITSRR should initiate and/or participate in the development of a national standard for crashworthiness of all passenger trains. |
REC121-3692 | 32 - Doctrine, standards, and reform | Communications protocols and procedures should be standardised and mandated by regulations making them a condition of accreditation. |
REC121-3769 | 32 - Doctrine, standards, and reform | The ITSRR should continue to participate in the development of a national system for rail safety regulation, provided that any ultimate agreement between the States and Territories and the Australian Government does not produce a safety outcome for New South Wales that is less than would be achieved by the implementation of all the recommendations contained in this report. |
REC121-3661 | 32 - Doctrine, standards, and reform | The rail displan should include provision for the appointment of a rail emergency management co-ordinator at the RMC, and an on-site rail commander with the sole function of assisting and supporting the emergency services during the rescue phase of the emergency response. |
REC121-3705 | 32 - Doctrine, standards, and reform | The ITSRR should develop standards for periodic medical examinations which include the following: |
REC121-3674 | 32 - Doctrine, standards, and reform | Uniform verbal descriptions identifying that power has been isolated should be developed by RailCorp and utilised by all railway personnel, electrical service providers and all emergency response personnel. |
REC121-3742 | 19 - Offences | The risk of abuse of internal passenger emergency door releases should be further reduced by introducing significant penalties for any improper use of such an emergency facility. It should be a criminal offence for anyone to use or tamper improperly with an emergency escape facility in a train. |
REC121-3690 | 32 - Doctrine, standards, and reform | All communications protocols must be strictly enforced by all accredited rail organisations. |
REC121-3763 | 32 - Doctrine, standards, and reform | The ITSRR should publish guidelines to be followed by accredited organisations. |
REC121-3660 | 32 - Doctrine, standards, and reform | The rail displan should include the use by all emergency response personnel of a uniform incident command system, involving procedures for such matters as the establishment of inner and outer perimeters, control of access to the site, orderly evacuation of injured passengers and the establishment of a staging area remote from the accident site, in a unified command structure with the site controller co-ordinating the various emergency services through representatives of each service. |
REC121-3701 | 32 - Doctrine, standards, and reform | Train inspections should be carried out at the time of stabling RailCorp trains, as well as a part of train preparation prior to entering service. |
REC121-3773 | 32 - Doctrine, standards, and reform | The ITSRR should ensure that RailCorp establishes a safety management system containing the 29 elements identified in the SMSEP report, and ensure the ongoing monitoring and improvement of the safety management system established. |
REC121-3671 | 32 - Doctrine, standards, and reform | The RailCorp emergency response plan should include a requirement for the debriefing of all senior rail and emergency response personnel involved in any rail accident, so as to determine the way or ways in which emergency response arrangements for rail accidents can be continually improved, and thereafter implement such improvements. |
REC121-3736 | 32 - Doctrine, standards, and reform | The RailCorp passenger containment policy must be abandoned. |
REC121-3688 | 32 - Doctrine, standards, and reform | Communications procedures must be standardised throughout the rail network, so that all railway employees describe the same subject matter in an identical way. |
REC121-3762 | 32 - Doctrine, standards, and reform | The Chief Executive of ITSRR should have sole accountability and responsibility for the regulation of rail safety in New South Wales. |
REC121-3659 | 32 - Doctrine, standards, and reform | A railway disaster plan, or rail displan, should be developed by RailCorp and the emergency services to ensure co-ordinated inter-agency response to rail accidents and incidents on the RailCorp network. |
REC121-3699 | 32 - Doctrine, standards, and reform | All reported train defects should be certified by a person in a supervisory position in RailCorp as having been rectified. |
REC121-3772 | 32 - Doctrine, standards, and reform | RailCorp should establish a safety management system containing the 29 elements identified in the SMSEP report which is in volume 2 of this report. |
REC121-3668 | 32 - Doctrine, standards, and reform | The RailCorp emergency response plan should include action checklists of the steps that each employee is required to take, and the order for specific employees to follow in case of emergency. |
REC121-3730 | 32 - Doctrine, standards, and reform | Legislation should be enacted and any necessary arrangements made, to enable the ATSB to review any reports of any investigation by a rail organisation or the OTSI into any serious incident or accident in New South Wales. |
REC121-3686 | 32 - Doctrine, standards, and reform | The standard in relation to the collection and use of data from data loggers should provide that such information must be accessed in the circumstances of any accident or incident and can be accessed to monitor driver performance generally. |
REC121-3761 | 32 - Doctrine, standards, and reform | Legislative changes should be enacted to ensure the complete independence of ITSRR from the Minister for Transport Services. |
REC121-3655 | 32 - Doctrine, standards, and reform | Procedures should be put in place by RailCorp to ensure that electrical power supply to the area of an accident can be immediately isolated, if necessary, in the event of a rail accident, so as to reduce any risk of exposure of emergency response personnel to injury or harm. |
REC121-3698 | 32 - Doctrine, standards, and reform | No RailCorp train should enter into revenue service or remain in service if, in the opinion of the driver in charge of that train, any defect in it creates a risk of injury. |
REC121-3771 | 32 - Doctrine, standards, and reform | RailCorp should establish an integrated safety management system which includes the following: |