INQ244

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.

Should the SES be given the power ‘to register suitable organisations’, then the ‘other person’ in Section 127 – Protection from liability, could be defined to include members of organisations affiliated to emergency service organisations.

Review employment conditions under the F&ES Act to align with those under the Public Sector Act unless there is a compelling reason to the contrary.

Greater attention needs to be given to the recruitment and retention of volunteers in alignment with the National Emergency Management Volunteer Action Plan.
Consideration should also be given to measures including:
- Increased administrative support for volunteers

Amend Sections 28, 61 and 110 to provide the Chief Officers greater flexibility over organisational structure.

That the F&ES Act be amended to enable fire safety inspections in and outside fire districts.

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.

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.

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.

Government in conjunction with the CFS identify the ownership of disused railway corridors which may pose a significant fire risk and ensure the agency or individual responsible for the land complies with legislative requirements. 

Amend the F&ES Act to reflect the SES expanded responsibilities as Hazard Leader for ‘Extreme Weather’ including their community education role.

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.

Clarify that Section 128 of the F&ES Act is not compromised by any other legislation. 

Review Section 134 to ensure that it is not a deterrent to a group of farm fire units operating at an incident.

Section 142 be amended to include the SES

Amend Section 143 to strengthen the capacity of the ESOs to recover outstanding debts (e.g. penalty for late payment provisions).

If possible the terms of election for CFS Health and Safety Representatives be aligned with group elections.

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.

SES be given a power ‘to register, subject to any conditions the Chief Officer SES considers appropriate, suitable organisations (such as Volunteer Marine Rescue Associations) as affiliated organisations of the State Emergency Service’. 

When judging major incidents in the future, consideration be given to Eburn and Dover’s proposal to establish processes with a statutory basis that sufficiently balance the community’s interests in ensuring that true lessons, including lessons of error or neglect, are identified, whilst also prot

An external audit of shared services performed by SAFECOM and services now provided by the three ESOs which have the potential to be shared, be undertaken to determine the most efficient and cost effective way such services can be delivered to the sector.

That an independent review of the operational and geographic boundaries of the ESOs be conducted recognising the limitations of the current governance structures to adequately address such issues. Such a review needs to be performed periodically, but not less than every 8 years.

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.

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.

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.

A thorough consultative process be developed and implemented between the CFS and local government. This will determine how bushfire management planning can enable improved process and practice to mitigate bushfire risk, and ensure that fire permits are issued and complied with.

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). 

Amend Regulation 41 to exempt the use of prescribed appliances when a Hot Work Permit compliant with AS1674.1 has been issued.

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.

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.

Amend Regulation 33 (6) and (8) to include respectively ‘notice given’ and ‘permit application’ using the online medium.

Review the format and necessity for Schedules 9 and 10 of the Regulations

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.

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’.

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.

In consultation with stakeholders including CFA, develop a Forest Industry Brigade standard for inclusion in the Fire and Emergency Services Regulations.

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. 

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.