Inquiry Search
Rec-ID | Code | Recommendation |
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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. |
REC244-2604 | 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. |
REC244-2628 | 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. |
REC244-2616 | 6 - Insurance and legal liability | That once the review of the Emergency Management Act has been finalised, any reference to the liability of councils should be mirrored in both the EM Act and the F&ES Act. |
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. |
REC244-2626 | 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. |
REC244-2602 | 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. |
REC244-2625 | 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. |
REC244-2599 | 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. |
REC244-2624 | 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. |
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’. |
REC244-2623 | 32 - Doctrine, standards, and reform | That the F&ES Act be amended to enable fire safety inspections in and outside fire districts. |
Rec-ID | Code | Recommendation |
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REC243-0843 | 6 - Insurance and legal liability | That the Government work with the Local Government Association to resolve questions of liability by volunteers who work for Councils, as raised with the Select Committee. |
REC243-0839 | 32 - Doctrine, standards, and reform | That noting the precedents for legislated charters in the Carers Recognition Act 2005 and the Health and Community Services Complaints Act 2004, that the Government support the Fire and Emergency Services (Volunteer Charters) Amendment Bill introduced by the Member for Morphett in November 2012 to enshrine the Country Fire Service and the State Emergency Service at law. |
REC243-0837 | 32 - Doctrine, standards, and reform | That the Government’s Workers Rehabilitation and Compensation (SAMFS Firefighters) Amendment Bill be amended to include Country Fire Service firefighters alongside Metropolitan Fire Service firefighters. |
REC243-0844 | 32 - Doctrine, standards, and reform | That the State Government give high priority to liaising with interstate and Federal processes, and offer to take a lead, on changing the climatic and fire rating arrangements to ensure these match the conditions that can create dangerous bushfire conditions at short notice. |
Rec-ID | Code | Recommendation |
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REC242-2647 | 8 - Communications and warnings | That Government agencies work closely with the Bureau of Meteorology and radio stations that broadcast emergency service announcements, to ensure the earliest possible determination of, and communications about, dangerous bushfire conditions. |
REC242-2642 | 6 - Insurance and legal liability | That with regard to volunteer community safety and emergency service organisations that do not own land where their facilities exist: |
REC242-2641 | 32 - Doctrine, standards, and reform | That noting the precedents for legislated charters in the Carers Recognition Act 2005 and the Health and Community Services Complaints Act 2004, that the Government support the Fire and Emergency Services (Volunteer Charters) Amendment Bill introduced by the Member for Morphett in November 2012 to enshrine the Country Fire Service and the State Emergency Service at law. |
Rec-ID | Code | Recommendation |
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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’. |
REC151-3101 | 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”. |
REC151-3082 | 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). |
REC151-3106 | 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’. |
REC151-3088 | 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. |
REC151-3072 | 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’. |
REC151-3100 | 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. |
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). |
REC151-3105 | 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. |
REC151-3087 | 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. |
REC151-3070 | 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. |
REC151-3097 | 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. |
REC151-3076 | 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. |
REC151-3104 | 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. |
REC151-3086 | 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. |
REC151-3069 | 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. |
REC151-3096 | 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. |
REC151-3075 | 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. |
REC151-3103 | 32 - Doctrine, standards, and reform | Provisions be included in the Regulations for mediation in appropriate circumstances. |
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. |
REC151-3111 | 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. |
REC151-3068 | 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. |
REC151-3074 | 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’. |
REC151-3102 | 32 - Doctrine, standards, and reform | Regulations 22 and 62 be reviewed to ensure reports regarding conduct must be relevant to the enquiry. |
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. |
REC151-3110 | 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. |
REC151-3065 | 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. |
Rec-ID | Code | Recommendation |
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REC144-3391 | 32 - Doctrine, standards, and reform | The Committee recommends that the ACT Government explain its reasons to the Legislative Assembly for not proceeding with the release of Version 2 of the Strategic Bushfire Management Plan in July 2005. |
REC144-3383 | 32 - Doctrine, standards, and reform | The Committee recommends that, if the Bushfire Council is to have an advisory role generally in emergency management, it should be renamed to reflect a general emergency role rather than a role specifically in relation to bushfires. |
REC144-3381 | 32 - Doctrine, standards, and reform | The Committee recommends that the Bushfire Council consultative requirements under the Emergencies Act 2004 be reviewed, with a view to removing the requirement to consult with the Bushfire Council on operational matters, such as staff appointments and matters prescribed by regulation. |
REC144-3380 | 32 - Doctrine, standards, and reform | The Committee recommends that the ACT Government develop and publish an operational policy document which spells out the command and control structures and procedures should an emergency event arise. |
REC144-3394 | 32 - Doctrine, standards, and reform | The Committee recommends that the ACT Government develops a joint strategic bushfire management plan with the NSW Government and the NSW Rural Fire Service in relation to those areas which have the potential to impact on both jurisdictions. |
REC144-3392 | 32 - Doctrine, standards, and reform | The Committee recommends that the ACT Government finalise Version 2 of the Strategic Bushfire Management Plan as required under the Emergencies Act. |