Inquiry Search
Rec-ID | Code | Recommendation |
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REC321-4212 | 34 - Local knowledge | We recommend that DELWP increases its collaboration with Victorian Traditional Owner groups to facilitate the reintroduction of cultural burning and ensure effective support for these practices across all of its regions. |
Rec-ID | Code | Recommendation |
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REC319-4186 | 34 - Local knowledge | Supporting local recovery: The Inspector-General for Emergency Management recommends that the entity referred to in Recommendation 13, or otherwise responsible government department work with councils and communities before, during and after emergencies to strengthen: |
Rec-ID | Code | Recommendation |
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REC318-4185 | 15 - Inter-service cooperation | The Inspector-General for Emergency Management recommends that Emergency Management Victoria works with the emergency management sector and relevant emergency management entities in New South Wales and South Australia to identify and address key cross border operational and resource management issues. This engagement should aim to enhance interoperability and maximise the capability and capacity of agencies to work together during emergencies along Victoria’s borders. |
REC318-4184 | 15 - Inter-service cooperation | The Inspector-General for Emergency Management recommends that Emergency Management Victoria collaborate with the emergency management sector to develop a capacity model that considers current and future: |
REC318-4179 | 15 - Inter-service cooperation | The Inspector-General for Emergency Management recommends that Emergency Management Victoria – in accepting that emergency management is a ‘shared responsibility’ - collaborate with the emergency management sector and community to: |
Rec-ID | Code | Recommendation |
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REC301-2383 | 15 - Inter-service cooperation | Tasmanian Fire Service (TFS), Tasmanian Parks and Wildlife Service (PWS) and Sustainable Timber Tasmania (STT) initiate a discussion among their Australasian peers about good practice around managing new fire starts in remote terrain, to include issues around identification, predictive analysis, risk management and suppression activities. The outcome should be a document which allows for benchmarking to accepted good practice across Australasia, from which Tasmanian fire agencies can develop protocols against which the management of future events can be tested. |
REC301-2388 | 15 - Inter-service cooperation | TFS, PWS and STT should establish a State Air Desk, to be staffed by specialist staff year-round, with responsibility for managing both preparatory and contractual issues out of season as well as aircraft management when fires or other emergency events are occurring. |
REC301-2386 | 15 - Inter-service cooperation | TFS, PWS and STT should work with government and each other to continue to pursue a whole-of-state fuel management and burning program that encompasses all land tenures, meets the range of outcomes required by the state (township protection, risk reduction and landscape-scale burns) and is inclusive of private landholders and local communities as well as all fire agencies. |
Rec-ID | Code | Recommendation |
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REC288-1198 | 17 - Assets and technology | The Committee finds that on the evidence presented, that the Government should undertake a review of how firefighting equipment and gear in Tasmania can be better standardised with interstate equipment and gear to improve cross-jurisdiction resource utilisation. |
Rec-ID | Code | Recommendation |
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REC287-1180 | 15 - Inter-service cooperation | The Tasmanian fire agencies consider the development of fire operational guidelines to avoid long-term environmental impacts such as: • • • strategies and tactics that will minimise the impact of fire management activities conditions under which earthmoving equipment and fire chemicals may be used information on seasonal conditions and the times of year when various strategies and tactics should be applied, and fuel management strategies. |
REC287-1179 | 15 - Inter-service cooperation | The Tasmanian fire agencies develop a joint multi-agency Fire Preparedness Matrix to guide decision-making in response to severe fire weather conditions or capacity issues. |
Rec-ID | Code | Recommendation |
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REC286-1467 | 15 - Inter-service cooperation | Review the allocation of responsibilities for earthquake risk management. |
REC286-2021 | 40 - Equipment and consumables | Review temporary bridge stockpile for adequacy (DSG). |
REC286-1465 | 15 - Inter-service cooperation | Improve the coordination and delivery of the National seismic monitoring program. |
REC286-2078 | 15 - Inter-service cooperation | Review interagency information sharing arrangements. |
REC286-2054 | 40 - Equipment and consumables | Personal protective equipment (masks, gowns, gloves, goggles) – review supply/distribution arrangements. |
REC286-2014 | 15 - Inter-service cooperation | Integrate non-government entities into emergency response and recovery arrangements. |
REC286-2053 | 40 - Equipment and consumables | Personal protective equipment (masks, gowns, gloves, goggles) – enhance stocktake methods. |
Rec-ID | Code | Recommendation |
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REC274-1404 | 15 - Inter-service cooperation | That the Department of Health & Human Services and the Department of Justice & Regulation, in consultation with their portfolio emergency service agencies that have response time measures, determine relevant targets for these. |
Rec-ID | Code | Recommendation |
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REC264-1073 | 15 - Inter-service cooperation | The State establish, for any future incident, integrated incident management teams with GDF Suez and other Victorian essential industry providers, to: • essential industry providers; and require that emergency services personnel work with GDF Suez and other appropriate • implement the Australasian Inter-service Incident Management System. |
Rec-ID | Code | Recommendation |
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REC263-1095 | 15 - Inter-service cooperation | CFA and VICSES should: explore further opportunities to collaborate with each other. |
Rec-ID | Code | Recommendation |
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REC262-1482 | 15 - Inter-service cooperation | That Emergency Management Victoria be responsible for facilitating the interoperability of all organisations involved in emergency response, including the Emergency Services Telecommunications Authority and Ambulance Victoria. |
Rec-ID | Code | Recommendation |
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REC247-0875 | 34 - Local knowledge | That Tasmania Fire Service reviews its integration of rural local knowledge and volunteer brigades into fire operations, develops and maintains appropriate strategies, and aims to be a best-practice fire service in this regard. |
REC247-0880 | 17 - Assets and technology | That bushfire agencies develop, implement and maintain air operations procedures. |
REC247-0865 | 34 - Local knowledge | That Tasmania Fire Service reviews its position on using local experienced officers on the fire ground in the command model in a structured and systemic way. |
REC247-0879 | 17 - Assets and technology | That bushfire agencies develop procedures for the automatic activation of aircraft to fires at pre-determined trigger points on high fire risk days. |
REC247-0948 | 15 - Inter-service cooperation | That the Department of Justice conduct an independent review to develop a suitable model for integrated and interoperable emergency management arrangements in Tasmania. |
REC247-0863 | 34 - Local knowledge | That Tasmania Fire Service considers measures to bring local knowledge into Incident Management Team operations. |
REC247-0878 | 17 - Assets and technology | That bushfire agencies evaluate the use and effectiveness of fixed wing water bombing aircraft. |
REC247-0894 | 17 - Assets and technology | That the police and other emergency service organisations discuss their resource issues for emergency operations with the Government. |
REC247-0854 | 15 - Inter-service cooperation | That in multi-agency response and recovery operations, arrangements be made so it is unambiguous who is in charge of these operations. |
REC247-0855 | 17 - Assets and technology | That a structure and facilities be established for the State Controller or other person managing multi-agency response and recovery operations. |
REC247-0893 | 17 - Assets and technology | That further options to appropriately supplement the resources available for emergency management operations be examined. |
REC247-0892 | 17 - Assets and technology | That a review be conducted of the resource capacity and capability to provide effective and efficient emergency operations, including approved improvements. |
Rec-ID | Code | Recommendation |
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REC246-0784 | 17 - Assets and technology | Recommendation 9 TFS should review the capacity of its Fire Information Line to handle very large scale events, and explore additional options for a surge capability for the Fire Information Line. |
Rec-ID | Code | Recommendation |
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REC245-2597 | 17 - Assets and technology | That the project team become independent from any of the entities involved in the Whole of Government network. |
REC245-2595 | 17 - Assets and technology | That stakeholders involved with the Whole of Government radio project re-engage positively to ensure a solution to the current impasse is achieved in the best interests of the stakeholders and the State as a whole. |
REC245-2594 | 17 - Assets and technology | That the network managers produce business cases for all major upgrades. |
REC245-2593 | 17 - Assets and technology | That network managers develop and document strategic plans for the management of their radio networks. |
REC245-2591 | 17 - Assets and technology | That until the outcome of the Whole of Government project is complete (and interoperability is achieved), emergency services should investigate and implement methods for further improving interoperability. |
Rec-ID | Code | Recommendation |
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REC217-1844 | 34 - Local knowledge | Public authorities such as councils and CMAs should continue to seek local knowledge in relation to flood management issues. In particular, councils will collaborate with VICSES and other key stakeholders in reviewing the system of flood wardens. Roles and responsibilities of flood wardens, and the process for their recruitment, should be formalised and clearly articulated in relevant flood management plans. |
REC217-1841 | 34 - Local knowledge | The state government establish a well coordinated and formalised system for the reading of river gauges by local people, including flood wardens. Furthermore, the knowledge of local people in predicting flood heights and impacts should be considered by emergency management agencies when predicting floods. |
REC217-1833 | 34 - Local knowledge | Local knowledge on the management and ongoing maintenance of waterways, including vegetation clearing and debris removal, needs to be incorporated in the development of regional flood mitigation strategies and local flood plans. Specifically: |
Rec-ID | Code | Recommendation |
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REC215-1874 | 15 - Inter-service cooperation | Fire services can improve outcomes by working with EPA as the regulator and licensing authority to achieve improved compliance with the required outcomes specified in the BPEM guidelines |
Rec-ID | Code | Recommendation |
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REC209-1636 | 40 - Equipment and consumables | Update the Asset and Equipment Register for all assets and equipment. |
REC209-1671 | 15 - Inter-service cooperation | That Bushfires NT, NTFRS, DLP, Weeds Branch, Parks and Wildlife, the Natural Resources Management Board, Biodiversity staff and representatives of the Volunteer Fire Brigades get together, at least annually, to coordinate planning efforts for peri-urban areas. |
REC209-1635 | 40 - Equipment and consumables | Conduct a stocktake of all assets and equipment in all regions for Bushfires NT and Volunteer Brigades. |
REC209-1640 | 40 - Equipment and consumables | Conduct a stocktake of all PPE and implement a top up program to bring all PPE to a fully operational standard. |
REC209-1669 | 15 - Inter-service cooperation | Conduct an information sharing and planning exercise between Bushfires NT and NTFRS to explore the current boundaries and the overlaps in the peri-urban areas between the NTFRS ERA and the Bushfires NT areas of responsibility for all major centres in the NT. |
REC209-1639 | 40 - Equipment and consumables | An equipment replacement schedule for all Bushfires NT equipment be developed. |
REC209-1651 | 15 - Inter-service cooperation | Review the membership of the Bushfires Council, and the composition of Regional Committees to ensure that the Council and Committees have representational stakeholders. |
REC209-1638 | 40 - Equipment and consumables | The Assets and Equipment Register be reviewed prior to each fire season. |
REC209-1637 | 40 - Equipment and consumables | Implement maintenance schedules for all common assets and shared equipment. |
Rec-ID | Code | Recommendation |
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REC199-0421 | 34 - Local knowledge | the state take the necessary measures to require that local knowledge is considered in flood risk planning, including verification of flood maps and flood response plans. |
REC199-0452 | 17 - Assets and technology | the state ensure that any new systems and equipment purchased by state emergency management agencies are interoperable with other relevant agencies to the fullest extent possible. This should involve the state establishing a procurement gateway process with input from the Emergency Services Commissioner. |
REC199-0451 | 15 - Inter-service cooperation | the state ensure, as a matter of priority, that the State Control Centre is able to function as a fit for purpose, multi-agency emergency management centre. Necessary works to achieve this outcome should have an overarching focus on the implementation of common agency systems and processes to the fullest extent possible. |
REC199-0410 | 17 - Assets and technology | the state take the necessary measures to upgrade existing manual stream and rain gauges and ensure that all future gauges provide a seamless transfer of data from the gauges to the Bureau of Meteorology. |
REC199-0492 | 34 - Local knowledge | the state comprehensively pursue the objective of achieving (where possible) the priority outcomes of the National Strategy for Disaster Resilience and the imperative of shared responsibility, in particular by: • requiring that local knowledge is considered as a critical component of all phases of emergency management • involving local communities in the development and ownership of community resilience plans based on an ‘all hazards’ approach and tailored for the specific needs of each community • encouraging local communities to form resilience committees to develop and administer community resilience plans • nominating Victoria Police as the lead agency in initiating the strategy to develop community resilience committees; and • requiring emergency service agencies to consult and engage with local community resilience committees in the preparation, planning, response and recovery phases of emergency management. |
Rec-ID | Code | Recommendation |
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REC198-2903 | 15 - Inter-service cooperation | The CFA works with MFB to ensure that the MFB control unit is available for responding to large fires and multi-agency incidents in fringe CFA areas |
Rec-ID | Code | Recommendation |
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REC196-0238 | 34 - Local knowledge | Encourage ICCs to use local knowledge to review templates prior to release. |
REC196-0234 | 34 - Local knowledge | Ensure that local knowledge, local flavour and local language is used where possible in the development of all community bushfire warnings. |
Rec-ID | Code | Recommendation |
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REC195-0309 | 15 - Inter-service cooperation | The Fire Services, and other emergency management agencies, use the Tostaree fire as a scenario exercise to improve understanding of fast-running fires and enhance interoperability and control strategies |
REC195-0327 | 15 - Inter-service cooperation | The Fire Services Commissioner ensures that the inter-relationship between Information Sections at all levels is understood. |
REC195-0318 | 15 - Inter-service cooperation | The Fire Services develop a joint protocol for each Fire Service to notify the other of fires reported from fire towers |
Rec-ID | Code | Recommendation |
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REC181-0170 | 17 - Assets and technology | The Country Fire Authority and the Department of Sustainability and Environment amend their policies on aerial preparedness and standby arrangements, their dispatch protocols and the management of aircraft in order to do the following: ■ require that at locations that attract the risk assessment or preparedness level A on code red days all personnel needed for air operations must be on standby by 10.00 am; ■ establish a system that enables the dispatch of aircraft to fires in high-risk areas without requiring a request from an Incident Controller or the State Duty Officer. |
REC181-0172 | 15 - Inter-service cooperation | The Country Fire Authority and the Department of Sustainability and Environment standardise their operating systems and information and communications technologies with the aim of achieving greater efficiency and interoperability between agencies. |
REC181-0171 | 17 - Assets and technology | The State, in conjunction with Emergency Management Australia and the Department of Defence, develop an agreement that allows Commonwealth aerial resources that are suitable for firefighting and support activities to be incorporated in preparedness plans and used on days of high fire risk. |
Rec-ID | Code | Recommendation |
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REC166-3007 | 15 - Inter-service cooperation | That Tasmania Fire Service implement Recommendation 5 above; and that Aurora continue to co-operate with that Service. |
REC166-3004 | 17 - Assets and technology | That the Tasmania Fire Service consider improvements in radio units installed in breathing apparatus: |
Rec-ID | Code | Recommendation |
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REC158-3447 | 15 - Inter-service cooperation | That emergency services are required to work directly with port/channel managers and the nominated marine safety authority to ensure that a training and exercise regime is established to enable emergency services personnel to develop and maintain the skills and knowledge relevant to marine emergency management. |
REC158-3446 | 15 - Inter-service cooperation | That emergency services are required to work directly with port/channel managers and the nominated marine safety authority to identify and ensure availability of marine resources necessary for emergency services to meet their statutory obligations in responding to marine emergencies (this recommendation should be read in conjunction with recommendation 26 & 27). |
REC158-3432 | 17 - Assets and technology | That port/channel managers are required to ensure, through service agreements, licensing, direct acquisition or other means as appropriate, the availability of the critical Level 1declared assets. |
REC158-3445 | 15 - Inter-service cooperation | That emergency services are required to work directly with ports and the nominated marine safety authority when ports are preparing marine emergency response arrangements. |
REC158-3431 | 17 - Assets and technology | That port/channel managers are required to identify in the declared asset system (in conjunction with the emergency services) critical Level 1 declared assets and other Level 2 declared assets, that may be required in support of a marine emergency within the port, and that identified resource availability, accessibility and call out time is recorded. |
REC158-3444 | 15 - Inter-service cooperation | That the Office of the Emergency Services Commissioner ensures that an emergency services multi-agency working group is established to develop a specialist marine emergency response capability for Victoria based on the multi-agency Urban Search and Rescue (USAR) model. The specialist personnel should be required to have: |
REC158-3430 | 17 - Assets and technology | That the nominated marine safety authority is responsible for development of a declared asset system and is required to ensure that port/channel managers utilise and maintain the declared asset system. |
Rec-ID | Code | Recommendation |
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REC156-3485 | 15 - Inter-service cooperation | The integrated Emergency Coordination Centre be utilised during all significant multi-agency or multi-incident events with effective liaison with the State Emergency Response Coordinator. |
Rec-ID | Code | Recommendation |
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REC140-3559 | 17 - Assets and technology | A service level agreement is negotiated with the Police department that will cover access, tasking, price, equipment and staffing. This will enable a more strategic use of the helicopter. |
REC140-3565 | 17 - Assets and technology | The TMRS medical equipment inventory requires an overhaul. The TMRS medical equipment should be located with the TMRS team. |
REC140-3556 | 17 - Assets and technology | The use of hospital transport vehicles to support retrieval operations be investigated. |
REC140-3564 | 17 - Assets and technology | The medical equipment used in retrieval and air ambulance duties undertaken by helicopter and fixed wing must be standardised. |
REC140-3563 | 17 - Assets and technology | An additional secure emergency oxygen supply source to be located in the BK 117 helicopter. An internal supply is preferred. |
REC140-3561 | 17 - Assets and technology | Development of a helipad at Mersey Hospital. |
REC140-3560 | 17 - Assets and technology | RHH requires a helipad. Plans to rebuild RHH must include a helipad at its earliest stage of conception. |
Rec-ID | Code | Recommendation |
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REC132-3597 | 15 - Inter-service cooperation | Investigate engaging with other agencies involved in emergency management including SES, VicRoads, VicPolice, OESC and DHS to establish a single united emergency information line for Victoria that can be used to provide information to the public from all agencies involved. |
Rec-ID | Code | Recommendation |
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REC125-3891 | 15 - Inter-service cooperation | That Melbourne Water and councils explore opportunities for working collaboratively to address the management of flooding risks with a view to optimising the efficient and effective use of their flood mitigation resources. |
REC125-3897 | 17 - Assets and technology | That agencies assess the cost-effectiveness of establishing a dedicated and proven asset management information system which is integrated with the other information systems used to manage drainage assets. |
Rec-ID | Code | Recommendation |
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REC124-3889 | 15 - Inter-service cooperation | Develop a component of the DSE Workforce Strategy to build organisational capacity and sustainability of the prescribed burning program across the networked emergency organisation: |
REC124-3883 | 15 - Inter-service cooperation | Integrate information management systems relating to the prescribed burning program to provide consistency across the networked emergency organisation: |
Rec-ID | Code | Recommendation |
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REC123-3876 | 15 - Inter-service cooperation | Metropolitan Fire Brigade and Aviation Rescue Fire Fighting service review and enhance the existing mutual response Memorandum of Agreement to provide more timely notification and therefore immediate access to appropriate resources to respond to emergencies. |
REC123-3875 | 15 - Inter-service cooperation | Melbourne Airport Emergency Planning Committee review the Airport Emergency Plan to ensure the capabilities of agencies are adequately documented and understood by all stakeholders, and that all agencies including airlines are represented at the appropriate organisational level on the Airport Emergency Planning Committee. |
Rec-ID | Code | Recommendation |
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REC112-3933 | 15 - Inter-service cooperation | That DPI formalises agreements between divisions and groups that allow staff to be involved in incursion responses and reflects this requirement in individual duty statements. |
REC112-3920 | 15 - Inter-service cooperation | That better use be made of Primary Industries Research Victoria's (PIRVIC) facilities by strengthening links with relevant groups of expertise, such as the Forest Science Centre. |
REC112-3921 | 17 - Assets and technology | That the recommendations of the 2000 DPI report into the reference collection’s storage facility be implemented, to secure the collection in a purpose-built facility. |
Rec-ID | Code | Recommendation |
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REC104-2246 | 34 - Local knowledge | That DSE undertake community consultation on policies relating to roads and access tracks on public land, particularly in respect to fire management. |
REC104-2286 | 17 - Assets and technology | That CFA, having regard to terrain, continue to review the mix of firefighting appliances currently in service. In particular, consideration should be given to the number and distribution of smaller ‘slip-on’ type equipment. |
REC104-2266 | 15 - Inter-service cooperation | That DSE and CFA review their joint planning for Incident Control Centres to ensure that, wherever safe and practicable, those Centres are located close to the fire area. |
REC104-2336 | 15 - Inter-service cooperation | That OESC work with the fire agencies in developing implementation strategies for recommendations agreed by Government. |
REC104-2233 | 34 - Local knowledge | That communities, public land managers, Water Authorities and Catchment Management Authorities jointly identify and implement local and environmentally sound solutions to improve the availability of water for firefighting through the Municipal Fire Management Planning process. |
REC104-2265 | 15 - Inter-service cooperation | That in the review of Incident Control Centre locations, DSE and CFA give due consideration to: |
REC104-2323 | 15 - Inter-service cooperation | That CFA, DSE, MFESB, VICSES, Victoria Police and OESC, in consultation with the Municipal Association of Victoria, consult on the proposal to combine Municipal Councils’ current responsibilities for the development of an emergency management plan/committee, as required by the Emergency Management Act 1986 and a fire prevention plan/committee as required by the Country Fire Authority Act 1958. |
REC104-2238 | 15 - Inter-service cooperation | That the Victorian fire agencies negotiate with their counterparts in New South Wales and South Australia to put in place agreements for mutual aid and the development of cross border strategy for the management of fires burning in the vicinity of, or across, State borders, and these agreements are reviewed annually. |
REC104-2322 | 15 - Inter-service cooperation | That DSE commits appropriate resources to work with OESC in developing the bushfire component of the model. |
REC104-2295 | 15 - Inter-service cooperation | That more emphasis should be given to communication and discussion in regard to State Aircraft Unit’s roles, responsibilities, practices and procedures. |
REC104-2283 | 15 - Inter-service cooperation | That DSE, CFA, MFESB and VICSES work cooperatively to establish a common system for resource tracking during major fires and incidents. |
Rec-ID | Code | Recommendation |
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REC061-3248 | 15 - Inter-service cooperation | The Committee recommends to the Minister for Police and Emergency Services that a joint communications and dispatch facility be established under the Minister's control to implement the following minimum services to the Victoria Police and the emergency services: |
REC061-3413 | 15 - Inter-service cooperation | The Committee recommends to the Minister for Police and Emergency Services that a joint communications and dispatch facility be established under the Minister's control to implement the following minimum services to the Victoria Police and the emergency services: |
Rec-ID | Code | Recommendation |
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REC016_3953 | 15 - Inter-service cooperation | It is therefore recommended that the State Electricity Commission should be advised by someone whose profession it is to consider and devise methods of forest fire protection and suppression; that he should collaborate with others to devise a general scheme of organized protection of the undertaking and township of Yallourn; and that above all, he should have direct access to the Commissioners themselves, lest his advice should lose something of its strength and reality in its journey through the “proper channels” of the Commission’s organization. |
REC016_3947 | 15 - Inter-service cooperation | It is recommended that the services of this body [Air Raids Precautions Body] be used in future if to do so be thought desirable. |
REC016_3949 | 17 - Assets and technology | It is recommended that the A.R.P. dams or earth tanks be kept filled during possible danger periods. |
Rec-ID | Code | Recommendation |
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REC008-3986 | 17 - Assets and technology | The Commission recommends that every precaution be taken to keep water off electrical machinery. |
REC008-3985 | 17 - Assets and technology | The Commission recommends that conductors carrying currents at medium pressure should not be encased in wood in damp places. |
REC008-3988 | 40 - Equipment and consumables | The Commission recommends that buckets of sand or other apparatus for extinguishing fire be kept in any chamber where high powered electricity is used. |
REC008-3989 | 17 - Assets and technology | The Commission recommends that there be continuous supervision of every chamber in which electrical machinery is worked by currents of medium pressure. |
REC008-3987 | 17 - Assets and technology | The Commission recommends that systematic tests be made and recorded of apparatus and circuits as a precaution against fire and so that any gradual deterioration of the system may be detected. |
Rec-ID | Code | Recommendation |
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REC004-3996 | 17 - Assets and technology | That the standard pattern of cinder arrester be affixed to the ash-pans in all locomotives during the summer months. |
REC004-3997 | 40 - Equipment and consumables | That suitable metal receptacles be fitted under the spittoons of all smoking compartments of country trains, to receive pipe ashes, lighted tobacco, cigars, cigarettes, matches, or other inflammable matter used by smokers. |
REC004-3994 | 17 - Assets and technology | That the Railway Department, while gradually reducing the number of different types of locomotives, should steadily keep in view the adoption of English and American railway practice, by providing engines with larger boilers, fire boxers, and smoke-boxes, and with wide blast-pipes, in order to insure ample steaming power with a minimum of forced draught. |
REC004-3992 | 17 - Assets and technology | That the use of a spark-arrester and cinder-arrester by the Railway Department shall not constitute a defence to an action for damage caused by fire escaping from a locomotive, unless the Department proves that such spark-arrester and cinder-arrester were in a thoroughly efficient condition when the fire took place. |