INQ151

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.

Regulation 8(4)(b) be amended to allow persons of or above 16 years of age to register as fire-fighters. 

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. 

SAFECOM re-evaluate and determine a more meaningful definition of fire districts.

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’. 

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’. 

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’. 

Expiation fees be reviewed so as to be consistent with the seriousness of the offences.

Regulation 48 regarding prescribed offences be amended to include Section 79(2)(e) or its equivalent under the amendment proposed in Recommendation 22 above. 

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. 

The definition of ‘officer’ in Section 3 be amended to include reference to the designation being made by the Chief Officer. 

Nominations for candidates for SACFS group elections be received both by written nomination and by oral nomination. 

The selection procedures in the Regulations for SACFS officer positions be reviewed in terms of ensuring that appropriate skills and experience are considered. 

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. 

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 o

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. 

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. 

Immunity be prescribed for persons (including volunteers) using force in the exercise of a power or function under the FES Act or carrying out any direction or requirement given or imposed at the scene of a fire or other emergency.

A schedule for revocation of permits be included in the Regulations. 

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. 

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. 

Provisions be included in the Regulations for mediation in appropriate circumstances.

Regulations 22 and 62 be reviewed to ensure reports regarding conduct must be relevant to the enquiry. 

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”. 

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. 

Section 90 – provisions relating to smoking, and throwing burning material be removed from the principal FES Act and placed in the Regulations. 

Sections 56 and 83 be repealed and replaced with a single section which unifies their provisions. 

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. 

The comprehensive prevention, preparedness, response and recovery (PPRR) approach to the management of bushfires as recommended by the Ministerial Review of Bushfire Management in South Australia is supported: its implementation should consider issues raised by councils and should also be conside

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. 

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. 

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. 

Fresh consideration be given to the title of Commissioner of Fire and Emergencies so as to ensure it does not give the impression that it is operationally superior to the Chief Officers of the emergency service agencies. 

Accountability for matters of policy, strategy and resource allocation for the emergency services sector, currently the province of the Board, be given to the position created in Recommendation 3 above. 

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. 

The FES Act be amended to include a definition of ‘operations’ and/or ‘operational’. 

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. 

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 mat

Provisions in Section 11(1)(e)(i) and (ii) relating to appointments of volunteer associations to the SAFECOM Board be removed. 

Section 88 – requirement to carry fire extinguishers in a caravan be removed from the principal FES Act and placed in the Regulations. 

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. 

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 conditio

Provisions remain in the FES Act relating to the emergency service organisations being separate legal entities. 

The Regulations be amended to include appropriate references to the Unit Managers Advisory Group (SASES) consistent with those of the Group Committee (SACFS). 

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). 

The United Firefighters Union of Australia – SA Branch (UFU) be given full voting rights on the Advisory Board. 

Crown Law opinion be obtained to determine whether the FES Act gives the Minister power to direct and control individual Chief Officers and if that provision does not exist then the FES Act be amended to include that power. 

All members of the proposed reconstituted SAFECOM Board be given full voting rights. 

The presiding member of the Advisory Board appointed under Section 18(4) be also appointed as a member of the SAFECOM Board. 

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.