Fire and Emergency Services Act 2005 (SA)
South Australia
Fire and Emergency Services Act 2005
An Act to establish the South Australian Fire and Emergency Services Commission and to provide for the Commission's role in the governance, strategic and policy aspects of the emergency services sector; to provide for the continuation of a metropolitan fire and emergency service, a country fire and emergency service, and a State emergency service; to provide for the prevention, control and suppression of fires and for the handling of certain emergency situations; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
4 Establishment of areas for fire and emergency services
4A Areas of urban bushfire risk
5 Application of Act
Part 2—South Australian Fire and Emergency Services Commission
Division 1—Establishment of Commission
6 Establishment of Commission
7 Ministerial control
Division 2—Functions and powers of Commission
8 Functions and powers
9 Directions
Division 3—Constitution of board
10 Establishment of Board
11 Constitution of Board
12 Terms and conditions of membership
13 Vacancies or defects in appointment of members
14 Proceedings
15Conflict of interest under Public Sector (Honesty and Accountability) Act
Division 4—Chief Executive and staff
16 Chief Executive
17 Staff
17A Workforce plans
Division 5—Committees
19 Committees
Division 6—Delegation
20 Delegation
Division 7—Accounts, audits and reports
21 Accounts and audit
22 Annual reports
Division 8—Common seal and execution of documents
23 Common seal and execution of documents
Part 3—The South Australian Metropolitan Fire Service
Division 1—Continuation of service
24 Continuation of service
25 Constitution of SAMFS
Division 2—Functions and powers
26 Functions and powers
Division 3—Chief Officer and staff
27 Chief Officer
28 Deputy Chief Officer and Assistant Chief Officers
29 Other officers and firefighters
30 Employees
31 Staff
32 Workforce plans
33 Delegation
Division 4—Fire brigades
34 Fire brigades
Division 5—Fire and emergency safeguards
35 Interpretation and application
36 Power to enter and inspect a public building
37 Rectification where safeguards inadequate
38 Closure orders
39 Powers in relation to places at which danger of fire may exist
40 Related matters
Division 6—Powers and duties relating to fires and emergencies
Subdivision 1—Exercise of control at scene of fire or other emergency
41 Exercise of control at scene of fire or other emergency
Subdivision 2—Exercise of powers at scene of fire or other emergency
42 Powers
Subdivision 3—Related matters
43 Provision of water
44 Supply of gas or electricity
Division 7—Discipline
Subdivision 1—The Disciplinary Committee
45 The South Australian Metropolitan Fire Service Disciplinary Committee
Subdivision 2—Disciplinary proceedings
46 Chief Officer may reprimand
47 Proceedings before Disciplinary Committee
48 Suspension pending hearing of complaint
Subdivision 3—Appeals
49 Review by SAET
51 Participation of supplementary panel members in reviews
Division 8—Related matters
52 Accounts and audit
53 Annual reports
54 Common seal and execution of documents
55 UFU
Part 4—The South Australian Country Fire Service
Division 1—Continuation of service
57 Continuation of service
58 Constitution of SACFS
58A Parliamentary recognition of SACFS Volunteer Charter
Division 2—Functions and powers
59 Functions and powers
Division 3—Chief Officer and staff
60 Chief Officer
61 Deputy Chief Officer and Assistant Chief Officers
62 Other officers
63 Employees
64 Staff
65 Workforce plans
66 Delegation
Division 4—SACFS regions
67 SACFS regions
Division 5—Organisational structure
68 Establishment of SACFS
69 Country Fire Service Volunteers Association
Division 5A—Industry brigades
69A Preliminary
69B Designated areas for industry brigades
69C Establishment of industry brigades
69D Registration of industry brigades
69E Chief Officer may give directions
69F Exclusion of certain claims
Division 6—Command structure
70 Command structure
Division 6A—Fire and emergency safeguards
70A Interpretation
70B Power to enter and inspect a public building
70C Rectification where safeguards inadequate
70D Closure orders etc
70E Powers in relation to places at which danger of fire may exist
70F Related matters
Division 7—Fire prevention authorities—country areas and urban bushfire risk areas
Subdivision 1—State Bushfire Coordination Committee
71 State Bushfire Coordination Committee
71A Functions of State Bushfire Coordination Committee
71B Power of delegation
71C Use of facilities
71D Validity of acts
71E Annual reports
71F Specific reports
Subdivision 2—Bushfire management committees
72 Establishment of bushfire management areas
72A Establishment of bushfire management committees
72B Functions of bushfire management committees
72C Power of delegation
72D Use of facilities
72E Validity of acts
Division 7A—Bushfire management plans
73 State Bushfire Management Plan
73A Bushfire Management Area Plans
Division 8—Fire prevention
Subdivision 1—Fire danger season
78 Fire danger season
79 Fires during fire danger season
Subdivision 2—Total fire ban
80 Total fire ban
Subdivision 3—Permits
81 Permit to light and maintain a fire
Subdivision 4—Power of direction
82 Power to direct
Subdivision 6—Miscellaneous precautions against fire
86 Fire safety at premises
87 Removal of debris from roads
89 Restriction on use of certain appliances etc
91 Duty to report unattended fires
Subdivision 7—Supplementary provisions
93 Delegation by councils
94 Failure by a council to exercise statutory powers
95 Endangering life or property
95A Other regulatory provisions
Division 9—Powers and duties relating to fires and emergencies
Subdivision 1—Exercise of control at scene of fire or other emergency
96 Exercise of control at scene of fire or other emergency
Subdivision 2—Exercise of powers at scene of fire or other emergency
97 Powers
Subdivision 3—Related matters
98 Provision of water
99 Supply of gas or electricity
Division 10—Related matters
100 Accounts and audit
101 Annual reports
102 Common seal and execution of documents
103 Fire control officers
104 Giving of expiation notices
105 Appropriation of penalties
Part 4A—Fire prevention
Division 1—Interpretation
105A Interpretation
Division 2—Fire prevention officers
105B Fire prevention officers
105C Functions of fire prevention officers
105D Delegations
105E Reports
Division 3—Duties to prevent fires
105F Private land
105G Council land
105H Crown land
105I Commonwealth land
Division 4—Related provisions
105IA Power of direction by police officer
105J Additional provision in relation to powers of authorised persons
105K Review by Chief Officer
Part 5—The South Australian State Emergency Service
Division 1—Continuation of service
106 Continuation of service
107 Constitution of SASES
107A Parliamentary recognition of SASES Volunteer Charter
Division 2—Functions and powers
108 Functions and powers
Division 3—Chief Officer and staff
109 Chief Officer
110 Deputy Chief Officer and Assistant Chief Officers
111 Other officers
112 Employees
113 Staff
114 Workforce plans
115 Delegation
Division 4—SASES units
116 SASES units
Division 4A—Command structure
116A Command structure
Division 5—Powers and duties relating to emergencies
Subdivision 1—Exercise of control at scene of emergency
117 Exercise of control at scene of emergency
Subdivision 2—Exercise of powers at scene of emergency
118 Powers
Subdivision 3—Related matter
119 Supply of gas or electricity
Division 6—Related matters
120 Accounts and audit
121 Annual reports
122 Common seal and execution of documents
123 S.A.S.E.S. Volunteers' Association Incorporated
Part 6—Miscellaneous
124 Investigations
125 Obstruction etc
126 Impersonating an emergency services officer etc
127 Protection from liability
127A Employment
128 Exemption from certain rates and taxes
129 Power to provide sirens
130 Provision of uniforms
131 Protection of names and logos
132 Attendance by police
133 Disclosure of information
134 Unauthorised fire brigades
135 Interference with fire plugs, fire alarms etc
136 False or misleading statements
137 Continuing offences
138 Offences by body corporate
139 Onus of proof
140 Evidentiary
141 Insurance policies to cover damage
142 Payment of costs and expenses for certain vessels and property
143 Fees
144 Services
145 Acting outside the State
146 Recognised interstate organisations
147 Inquests
148 Regulations
149 Review of Act
Schedule 1—Appointment and selection of supplementary panel members for reviews under Part 3
Schedule 2—Code of conduct to be observed by officers and firefighters for the purposes of Part 3
Schedule 5—Regulations
Schedule 6—Transitional provisions
Part 11—Transitional provisions
14Special provisions relating to the repeal of the Country Fires Act 1989
15Specific provisions relating to the repeal of the South Australian Metropolitan Fire Service Act 1936
16Specific provisions relating to the repeal of the State Emergency Service Act 1987
17 Staff
18 Presiding member of Commission
19 Other provisions
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Fire and Emergency Services Act 2005.
3—Interpretation
In this Act, unless the contrary intention appears—
appointed member of the Board means a member of the Board appointed by the Governor under section 11(1);
award includes—
(a)an award or order of SAET; and
(b)an award or order of the Australian Industrial Relations Commission;
Board means the board established as the governing body of the Commission under Part 2 Division 3;
CE of the Commission means the person holding the office of Chief Executive of the Commission under Part 2 Division 4 and includes a person for the time being acting in that office;
Chief Officer of SACFS means the person holding the office of Chief Officer of SACFS under Part 4 Division 3 and includes a person for the time being acting in that office;
Chief Officer of SAMFS means the person holding the office of Chief Officer of SAMFS under Part 3 Division 3 and includes a person for the time being acting in that office;
Chief Officer of SASES means the person holding the office of Chief Officer of SASES under Part 5 Division 3 and includes a person for the time being acting in that office;
Commission means the South Australian Fire and Emergency Services Commission established under Part 2 Division 1;
council means a council constituted under the Local Government Act 1999;
country means any part of the State outside an SAMFS fire district;
department means the administrative unit of the Public Service designated from time to time by the Minister by notice in the Gazette as the department for the purposes of this Act;
designated urban bushfire risk area means an area of urban bushfire risk designated under section 4A;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
emergency means an event (whether occurring in the State, outside the State or in and outside the State) that causes, or threatens to cause—
(a)the death of, or injury or other damage to the health of, any person; or
(b)the destruction of, or damage to, any property; or
(c)a disruption to essential services or to services usually enjoyed by the community; or
(d)harm to the environment, or to flora or fauna;
emergency services organisation means—
(a)SAMFS; or
(b)SACFS; or
(c)SASES;
emergency services sector comprises—
(a)the Commission; and
(b)SAMFS; and
(c)SACFS; and
(d)SASES;
ex officio member of the Board means a member of the Board who holds office ex officio under section 12(1);
fire control officer means a fire control officer appointed by the Chief Officer of SACFS under section 103;
fire danger season, in relation to a part of the State, means a fire danger season fixed for that part of the State under Part 4 Division 8;
fire district means a fire district established under section 4 for the purposes of the operations of SAMFS;
firefighter includes a control room operator;
fire-fighting means any activity directed towards—
(a)preventing, controlling or extinguishing fires;
(b)dealing with other emergencies that require SAMFS or SACFS to act to protect life, property or the environment;
fire prevention officer means a fire prevention officer appointed by a council under Part 4A Division 2;
forest reserve means a forest reserve under the Forestry Act 1950;
industrial agreement means—
(a)an enterprise agreement in force under the Fair Work Act 1994; or
(b)a certified agreement or an Australian workplace agreement in force under the Workplace Relations Act 1996 of the Commonwealth as amended from time to time;
industry brigade means a brigade registered under Part 4 Division 5A;
land means, according to the context—
(a)land as a physical entity, including any building or structure on, or improvement to, land;
(b)a legal estate or interest in, or right in respect of, land;
LGA means the Local Government Association of South Australia;
misconduct, in relation to an officer or firefighter of SAMFS, means a contravention of or a failure to comply with the Code of Conduct set out in Schedule 2;
officer of an emergency services organisation means a person who is designated as an officer of that organisation by the Chief Officer of the organisation;
owner—
(a)in relation to land alienated from the Crown in fee simple—means the owner of an estate in fee simple in the land;
(b)in relation to land held from the Crown by lease, licence or agreement to purchase—means the lessee, licensee or purchaser,
and includes the occupier;
private land means—
(a)land alienated from the Crown in fee simple; or
(b)land held from the Crown by lease, licence or agreement to purchase,
other than land under the care, control or management of a council or a Minister, agency or instrumentality of the Crown;
public sector agency means a public sector agency under the Public Sector Act 2009;
relative, in relation to a person, means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person;
rescue means the safe removal of persons or animals from actual or threatened danger of physical harm;
rural council means a council whose area lies wholly or partially outside a fire district;
SACFS means the South Australian Country Fire Service under Part 4;
SACFS brigade means a brigade established under section 68;
SACFS organisation means—
(a)an SACFS brigade; or
(b)an SACFS group;
SACFS region means a region established under Part 4 Division 4;
SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;
SAMFS means the South Australian Metropolitan Fire Service under Part 3;
SASES means the South Australian State Emergency Service under Part 5;
SASES unit means an SASES unit established under Part 5 Division 4;
spouse—a person is the spouse of another if they are legally married;
UFU means—
(a)the United Firefighters' Union of South Australia Incorporated; and
(b)the United Firefighters' Union of Australia (South Australian Branch);
vehicle includes an aircraft or vessel.
(1a)A reference in this or any other Act to—
(a)an officer of SACFS includes a reference to a member of an industry brigade designated as an officer of that brigade by the Chief Officer of SACFS; and
(b)a member of SACFS includes a reference to a member of an industry brigade.
(1b)To avoid doubt, Part 4 Divisions 1 to 3 (inclusive) of this Act do not apply in relation to an officer or member of an industry brigade.
For the purposes of this Act, bushfire prevention relates to any reasonable action that may be taken in the country areas of the State—
(a)to reduce or eliminate the risk of outbreak of bushfires; or
(b)to prevent or inhibit—
(i)the spread of any bushfire; or
(ii)any increase in the intensity or seriousness of any bushfire; or
(c)to mitigate the effect of any bushfire.
SACFS, the State Bushfire Coordination Committee and each bushfire management committee must, in the exercise and performance of powers and functions under this Act—
(a)have due regard to the impact of their actions on the environment; and
(b)seek to achieve a proper balance between bushfire prevention and proper land management in the country.
For the purposes of this Act, a person is an associate of another person if—
(a)the other person is a relative of the person or of the person's spouse or domestic partner; or
(b)the other person—
(i)is a body corporate; and
(ii)the person or a relative of the person or of the person's spouse or domestic partner has, or 2 or more such persons together have, a relevant interest or relevant interests in shares in the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate; or
(c)the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner, or a body corporate referred to in paragraph (b), is a beneficiary; or
(d)the person is declared by the regulations to be an associate of the other person.
To avoid doubt, a person cannot, at any particular time, be the Chief Officer of more than 1 emergency services organisation.
4—Establishment of areas for fire and emergency services
The Commission may, by notice in the Gazette, establish a fire district or fire districts for the purposes of the operations of SAMFS.
The Commission may, by notice in the Gazette—
(a)vary the boundaries of a fire district;
(b)abolish a fire district.
Those parts of the State that lie outside a fire district will be taken to be the areas of the State that apply for the purposes of the operations of SACFS.
In addition—
(a)SAMFS may act outside a fire district that applies under subsection (1), and SACFS may act outside an area that applies under subsection (3) (subject to any other provision made by this Act); and
(b)SAMFS and SACFS operations include acting in relation to any vessel.
SASES may act in any part of the State (subject to any other provision made by this Act).
Before a notice is published under subsection (1) or (2), the Commission must consult with—
(a)the Chief Officer of SAMFS; and
(b)the Chief Officer of SACFS.
4A—Areas of urban bushfire risk
The Commission may, by notice in the Gazette, designate an area within a fire district as an area of urban bushfire risk (a designated urban bushfire risk area).
The Commission may, by notice in the Gazette—
(a)vary an area designated under subsection (1); or
(b)revoke the designation of an area under subsection (1).
Before a notice is published under subsection (1) or (2), the Commission must consult with—
(a)the Chief Officer of SAMFS; and
(b)the Chief Officer of SACFS; and
(c)any Minister designated by the Minister under this Act as being a Minister who has a significant interest in the matter; and
(d)any council whose area would be, or is, within the designated urban bushfire risk area.
The period for consultation with a council will be 6 weeks, or such longer period as the Commission considers reasonable in the circumstances.
5—Application of Act
This Act is in addition to and does not limit, or derogate from, the provisions of any other Act.
This Act does not apply in relation to the taking of measures to bring an industrial dispute to an end or to control civil disorders (but may apply in relation to any fire or other emergency arising during the course of an industrial dispute or any civil disorder).
Part 2—South Australian Fire and Emergency Services Commission
Division 1—Establishment of Commission
6—Establishment of Commission
The South Australian Fire and Emergency Services Commission is established.
The Commission—
(a)is a body corporate; and
(b)has perpetual succession and a common seal; and
(c)is capable of suing and being sued in its corporate name; and
(d)has all the powers of a natural person that are capable of being exercised by a body corporate; and
(e)has the functions and powers assigned or conferred by or under this or any other Act.
The Commission is an agency of the Crown and holds its property on behalf of the Crown.
7—Ministerial control
The Commission is subject to the control and direction of the Minister.
A direction given to the Commission under this section must be in writing.
The Minister must, within 6 sitting days after giving a direction to the Commission under this section, have copies of the direction laid before both Houses of Parliament.
If the Minister gives a direction under this section, the Commission must cause a statement of the fact that the direction was given to be published in its next annual report.
Division 2—Functions and powers of Commission
8—Functions and powers
The Commission has the following functions:
(a)to develop and maintain a strategic and policy framework across the emergency services sector;
(b)to develop and implement a framework of sound corporate governance across the emergency services sector;
(c)to ensure that appropriate strategic, administrative and other support services are provided to the emergency services organisations;
(d)to ensure that appropriate strategic and business plans are developed, maintained and implemented across the emergency services sector;
(e)to provide for the effective allocation of resources within the emergency services sector;
(ea)to ensure that the emergency services organisations have appropriate financial and asset management plans in place;
(f)to ensure that the emergency services organisations have appropriate systems and practices in place—
(i)to provide for effective management and planning; and
(ii)to monitor management performance against plans and targets, and to take corrective action as necessary;
(g)to ensure that the emergency services organisations maintain appropriate risk-management systems and practices;
(h)to ensure that the emergency services organisations regularly review, and revise as necessary, their plans, structures, systems, targets and practices to address changing circumstances and to improve the provision of emergency services and business practices;
(i)to ensure that the emergency services organisations meet their statutory responsibilities and comply with the provisions of this or any other relevant Act;
(j)to ensure the observance of high ethical standards within the emergency services sector;
(k)to foster and support career development opportunities for officers and staff within the emergency services sector;
(l)to support and encourage voluntary participation in SACFS and SASES, and to foster and support personal development opportunities for members of the emergency services organisations;
(m)to recognise outstanding achievements of persons who are involved in the provision of fire and emergency services, or who take action or assist at the scene of any fire or emergency or who otherwise support the objectives or activities of the emergency services sector (or any part of that sector), within any part of the State;
(n)to ensure that there is effective consultation with the community in relation to the operation of this Act;
(o)to disseminate knowledge in the field of fire and emergency services in order to advance community safety;
(p)to undertake a leadership role from a strategic perspective with respect to emergency management within the State and to maintain an appropriate level of liaison with other bodies responsible for the management of emergencies in the State;
(q)to provide regular reports to the Minister on the activities and performance of the emergency services sector;
(r)to provide to the Minister reports or advice in relation to the operation of this Act or the provision of emergency services under this Act;
(s)to perform any other function assigned to the Commission by or under this or any other Act.
The Commission may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions.
The Commission must prepare a charter relating to its functions and operations.
The Commission must provide a copy of the charter to the Minister and ensure that it is publicly available.
9—Directions
Subject to subsection (2), the Commission may, in performing its functions, give directions to SAMFS, SACFS or SASES.
The Commission may not give a direction in relation to any matter concerning the procedures that are relevant to responding to an emergency situation or to dealing with any matter that may arise at the scene of an emergency.
Division 3—Constitution of board
10—Establishment of Board
The Commission is administered by a board established as the governing body of the Commission under this Division.
(1a)In acting under subsection (1), the Board is responsible for—
(a)establishing the strategic direction of the Commission; and
(b)ensuring that the functions of the Commission are effectively exercised in accordance with this or any other Act; and
(c)developing an annual budget for the Commission and monitoring results against the Commission's budget on a regular basis; and
(d)monitoring and assessing the performance and outcomes of the Commission against its statutory, strategic and other responsibilities, goals and objectives.
An act done or decision made by the Board (including by exercising any power of the Commission under this or any other Act) is an act or decision of the Commission.
11—Constitution of Board
The Board consists of the following members:
(a)the presiding member, being a member appointed by the Governor who is not an officer, member or employee of an emergency services organisation; and
(ab)the person for the time being holding the position of Chief Executive of the Commission under Division 4; and
(b)the Chief Officer of SAMFS; and
(c)the Chief Officer of SACFS; and
(d)the Chief Officer of SASES; and
(e)5 members appointed by the Governor of whom—
(i)1 must be a person appointed on the nomination of the Country Fire Service Volunteers Association; and
(ii)1 must be a person appointed on the nomination of S.A.S.E.S. Volunteers Association Incorporated; and
(iia)1 must be a person appointed on the nomination of UFU; and
(iii)2 must be persons appointed on the nomination of the Minister, each being a person who, in the opinion of the Minister, is qualified for appointment to the board because of his or her knowledge of, or experience in, one or more of the fields of commerce, economics, finance, accounting, law or public administration and each being a person who has suitable volunteer experience as determined under regulations made for the purposes of this provision.
At least 1 member of the Board must be a woman and at least 1 member must be a man.
The Governor may appoint a suitable person to be the deputy of a member of the Board (including an ex officio member of the Board) and that person may, in the absence of that member, act as a member of the Board.
12—Terms and conditions of membership
A member of the Board, other than an appointed member, holds office ex officio.
An appointed member of the Board will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.
The Governor may remove an appointed member of the Board from office—
(a)for breach of, or non-compliance with, a condition of appointment; or
(b)for misconduct; or
(c)for being absent from 4 or more consecutive meetings of the Board without leave of the Board; or
(d)for failure or incapacity to carry out official duties satisfactorily.
The office of an appointed member of the Board becomes vacant if the member—
(a)dies; or
(b)completes a term of office and is not reappointed; or
(c)resigns by written notice to the Minister; or
(d)is removed from office under subsection (3).
13—Vacancies or defects in appointment of members
An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.
On the office of an appointed member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office.
14—Proceedings
The presiding member will, if present at a meeting of the Board, preside at that meeting, and in the absence of that member, the members present (and voting) will decide who is to preside.
5 members of the Board constitute a quorum of the Board.
Each member of the Board present at a meeting of the Board has 1 vote on a matter arising for decision at the meeting and, if these votes are equal, the member of the Board presiding at the meeting does not have a second or casting vote.
A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—
(a)notice of the conference is given to all members in the manner determined by the Board for the purpose; and
(b)each participating member is capable of communicating with every other participating member during the conference.
A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—
(a)notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and
(b)a majority of the members of the Board express concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution.
The Board must have accurate minutes kept of its meetings.
Subject to this Act, the Board may determine its own procedures.
15—Conflict of interest under Public Sector (Honesty and Accountability) Act
A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter by virtue of being a member of an emergency services organisation.
Division 4—Chief Executive and staff
16—Chief Executive
The office of Chief Executive (CE) of the Commission is established.
The CE—
(a)unless otherwise determined by the Minister, must be a person with experience in the provision of fire or emergency services; and
(b)will be appointed by the Minister on conditions determined by the Minister for a term, not exceeding 5 years, specified in the instrument of appointment (and, at the expiration of a term of appointment, is eligible for reappointment).
The CE is responsible for—
(a)managing the staff and resources of the Commission; and
(b)giving effect to the policies and decisions of the Board; and
(c)undertaking other executive management roles associated with the activities of the Commission; and
(d)performing other functions assigned to the CE by the Board.
The Minister may, while the CE is absent from the duties of office or while the position of CE is temporarily vacant, appoint a person to act in the office of CE (on conditions determined by the Minister).
A person appointed under subsection (4) will not act as a deputy member of the Board unless specifically appointed as a deputy of the CE under section 11(3).
17—Staff
The staff of the Commission will comprise—
(a)persons appointed by the Chief Executive of the Commission on terms and conditions determined by the Chief Executive and approved by the Commissioner for Public Sector Employment (on the basis that the Chief Executive (and any successor) is the employer);
(b)persons employed in a public sector agency and made available to assist the Commission.
The Commission is responsible for any costs or expenses associated with the employment of a person under subsection (1)(a).
17A—Workforce plans
For the purposes of appointments to the staff of the Commission under this Division—
(a)the CE of the Commission must, at least once in every year, submit a workforce plan for approval by the Commission; and
(b)the Commission may approve a workforce plan submitted by the CE of the Commission without amendment, or with any amendments determined by the Commission after consultation with the CE of the Commission; and
(c)the CE of the Commission must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission.
Division 5—Committees
19—Committees
The Commission must establish a committee to provide advice to the Commission in respect of—
(a)matters related to the employees of emergency services organisations; and
(b)matters related to volunteers with emergency services organisations; and
(c)other matters referred to the committee by the Commission,
and may establish any other committees (including advisory committees) that the Commission thinks fit.
Subject to any direction of the Minister, the membership of a committee will be determined by the Commission.
A committee may, but need not, consist of, or include, members of the Board.
The procedures to be observed in relation to the conduct of the business of a committee will be—
(a)as prescribed by the regulations;
(b)insofar as the procedure is not determined under paragraph (a)—as determined by the Commission;
(c)insofar as the procedure is not determined under paragraph (a) or (b)—as determined by the relevant committee.
Division 6—Delegation
20—Delegation
The Commission may delegate a power or function under this or any other Act—
(a)to a member of the Board; or
(b)to a committee established by the Commission; or
(c)to a person for the time being holding or acting in a particular office or position; or
(d)to any other person or body.
A delegation under this section—
(a)must be by instrument in writing; and
(b)may be absolute or conditional; and
(c)does not derogate from the ability of the Commission to act in any matter; and
(d)is revocable at will by the Commission.
A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.
Division 7—Accounts, audits and reports
21—Accounts and audit
The Commission must—
(a)keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year; and
(b)cause consolidated statements of account for the emergency services sector to be prepared in respect of each financial year.
The Auditor-General may at any time audit the accounts of the Commission or of the emergency services sector and must audit the annual statements of account required under this section.
22—Annual reports
The Commission must, on or before 31 October in each year, provide to the Minister a report on the activities of the emergency services sector during the preceding financial year (and need not provide a report under the Public Sector Act 2009).
The report must—
(a)incorporate the information contained in the annual reports of the emergency services organisations for the relevant financial year; and
(b)include the audited statements of account required under this Division; and
(c)include any other information that would be required if the Commission were reporting under the Public Sector Act 2009; and
(d)comply with any other requirements prescribed by or under this Act or the regulations.
The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.
Division 8—Common seal and execution of documents
23—Common seal and execution of documents
The common seal of the Commission must not be affixed to a document except in pursuance of a decision of the Board and the affixing of the seal must be attested by the signatures of 2 members of the Board.
The Commission may, by instrument under its common seal, authorise a member of the Board, a member of the staff of the Commission (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Commission subject to conditions and limitations (if any) specified in the instrument of authority.
Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the Commission.
A document is duly executed by the Commission if—
(a)the common seal of the Commission is affixed to the document in accordance with this section; or
(b)the document is signed on behalf of the Commission by a person or persons in accordance with an authority conferred under this section.
If an apparently genuine document purports to bear the common seal of the Commission, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Commission has been duly affixed to that document.
Part 3—The South Australian Metropolitan Fire Service
Division 1—Continuation of service
24—Continuation of service
The South Australian Metropolitan Fire Service (SAMFS) continues in existence.
SAMFS—
(a)is a body corporate; and
(b)has perpetual succession and a common seal; and
(c)is capable of suing and being sued in its corporate name; and
(d)has all the powers of a natural person that are capable of being exercised by a body corporate; and
(e)has the functions and powers assigned or conferred by or under this or any other Act.
SAMFS is an agency of the Crown and holds its property on behalf of the Crown.
25—Constitution of SAMFS
SAMFS consists of—
(a)the Chief Officer of SAMFS; and
(b)all other officers and firefighters of SAMFS; and
(c)all other employees of SAMFS.
The Chief Officer of SAMFS is responsible for the management and administration of SAMFS (and will, in undertaking this responsibility, also be the Chief Executive of SAMFS).
An act done or decision made by the Chief Officer in the management or administration of the affairs of SAMFS (including by exercising any power of SAMFS under this or any other Act) is an act or decision of SAMFS.
Division 2—Functions and powers
26—Functions and powers
SAMFS has the following functions:
(a)to provide services with a view to preventing the outbreak of fires, or reducing the impact of fires, in any fire district;
(b)to provide efficient and responsive services in any fire district for the purpose of fighting fires, dealing with other emergencies or undertaking any rescue;
(c)to protect life, property and environmental assets from fire or other emergencies in any fire district;
(d)to develop and maintain plans to cope with the effects of fires or emergencies in any fire district;
(e)to provide services or support to assist with recovery in the event of a fire or other emergency in a fire district;
(f)to perform any other function assigned to SAMFS by or under this or any other Act.
SAMFS may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions.
SAMFS may, for example—
(a)enter into any form of contract or arrangement;
(b)acquire, hold, deal with and dispose of real and personal property;
(c)provide and maintain appliances and equipment for fire stations and fire brigades;
(d)establish, maintain or monitor alarm systems;
(e)make representations and provide advice relating to fire safety or fire prevention;
(f)publish or disseminate information;
(g)record, possess or use moving or still images for the purposes of its operations and activities, including for training purposes.
Division 3—Chief Officer and staff
27—Chief Officer
The office of Chief Officer of SAMFS is established (and a reference in this Part to the "Chief Officer" will be a reference to the Chief Officer of SAMFS).
The Chief Officer will be appointed by the Minister after taking into account the recommendation of the CE of the Commission.
The Chief Officer will be appointed on terms and conditions determined by the Minister after consultation with the Commissioner for Public Sector Employment.
In addition to the Chief Officer's responsibility for the management and administration of SAMFS, the Chief Officer has ultimate responsibility for the operations of SAMFS and may therefore—
(a)control all resources of SAMFS; and
(b)manage the staff of SAMFS and give directions to its members; and
(c)assume control of any SAMFS operations; and
(d)perform any other function or exercise any other power that may be conferred by or under this or any other Act, or that may be necessary or expedient for, or incidental to, maintaining, improving or supporting the operation of SAMFS.
28—Deputy Chief Officer and Assistant Chief Officers
The Chief Officer may appoint a Deputy Chief Officer and 1 or more Assistant Chief Officers (on the basis that the Chief Officer (and any successor) is the employer).
The terms and conditions of an appointment under this section will be subject to the approval of the Commissioner for Public Sector Employment after consultation with the Chief Officer and the Commission.
The Deputy Chief Officer (if appointed) or, if necessary, an Assistant Chief Officer designated by the Minister, may, while the Chief Officer is absent from the duties of office or while the position of Chief Officer is temporarily vacant, perform and exercise the functions and powers of the Chief Officer (but not so as to act as a deputy member of the Board unless specifically appointed as deputy of the Chief Officer under section 11(3)).
29—Other officers and firefighters
SAMFS will have such other officers and firefighters as the Chief Officer thinks fit to appoint.
The following procedures will apply in relation to appointments under this section:
(a)if the Chief Officer wishes to appoint a person to a position under this section, the Chief Officer must first nominate that person for appointment;
(b)the Chief Officer must then give notice of the nomination to all officers and firefighters who are of the same rank as, or of a lower rank than, the position to which the Chief Officer wishes to make the appointment;
(c)an officer or firefighter who is entitled to notice of the nomination under paragraph (b) may, within 14 days after the notice is given, apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the nomination;
(d)the Chief Officer may confirm the nomination if no application is made within the time allowed under paragraph (c) but if an application is so made within such time then the Chief Officer must comply with any direction given by SAET in the matter;
(e)in relation to a review instituted under paragraph (c)—
(i)SAET will, if the President of SAET so determines, sit with supplementary panel members selected in accordance with Schedule 1; and
(ii)an applicant may appear personally or be represented by a member of an industrial association to which the applicant belongs or by a legal practitioner; and
(iii)the Chief Officer may appear personally or be represented by another officer of SAMFS or, if an applicant is being represented by a legal practitioner, the Chief Officer may also be represented by a legal practitioner; and
(iv)SAET may, on hearing the review, confirm the appointment of the person who has been nominated or direct the Chief Officer to revoke the nomination and direct that an applicant be appointed to the position; and
(v)in making its decision on a review, SAET must have regard to the criteria (if any) relating to the appointment and promotion of officers or firefighters that are contained in an award or industrial agreement that applies in relation to the relevant position but, if no such criteria exist, SAET must have regard to the qualifications, aptitude and conduct of the person nominated for the position and of the applicant or applicants; and
(vi)SAET may, in connection with the proceedings, award costs against SAMFS but may not award costs against an applicant.
For the purposes of subsection (2), notice of a nomination will be taken to have been given to an officer or firefighter if written notice of the nomination has been displayed for not less than 7 days in a prominent place in the fire station or workplace at which he or she is based.
(4)Subsection (2) does not apply in relation to the appointment of a person to the lowest rank in SAMFS.
An appointment under this section will be on terms and conditions determined by the Chief Officer and approved by the Commission (on the basis that the Chief Officer (and any successor) is the employer and subject to the provisions of any award or industrial agreement).
Nothing in this section limits the ability of the Chief Officer to appoint a suitable person to act in an office or position while the person appointed to that office or position is absent or temporarily unable to act in that office or position, or while that office or position is temporarily vacant.
30—Employees
The Chief Officer may appoint other persons as employees of SAMFS (on the basis that the Chief Officer (and any successor) is the employer).
An appointment under this section will be on terms and conditions determined by the Chief Officer and approved by the Commission (subject to the provisions of any award or industrial agreement).
31—Staff
The staff of SAMFS will comprise all officers, firefighters and other employees of SAMFS.
A member of the staff of SAMFS must comply with a direction of—
(a)the Chief Officer; or
(b)an officer—
(i)to whom the member of staff is responsible by virtue of this Act; or
(ii)who is in a position of authority over the member of staff by virtue of a determination of the Chief Officer.
In addition, SAMFS may make use of the services of persons employed in any public sector agency made available to assist SAMFS.
SAMFS is responsible for any costs or expenses associated with the employment of a member of the staff of SAMFS.
32—Workforce plans
For the purposes of appointments to the staff of SAMFS under this Division—
(a)the Chief Officer must, at least once in every year, submit a workforce plan for approval by the Commission; and
(b)the Commission may approve a workforce plan submitted by the Chief Officer without amendment, or with any amendments determined by the Commission after consultation with the Chief Officer; and
(c)the Chief Officer must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission.
33—Delegation
The Chief Officer may delegate a power or function of the Chief Officer or SAMFS under this or any other Act—
(a)to a member of the staff of SAMFS or to a person made available to assist SAMFS; or
(b)to a committee established under this Act; or
(c)to a person for the time being holding or acting in a particular office or position; or
(d)to any other person or body.
A delegation under this section—
(a)must be by instrument in writing; and
(b)may be absolute or conditional; and
(c)does not derogate from the ability of the Chief Officer to act in any matter; and
(d)is revocable at will by the Chief Officer.
A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.
Division 4—Fire brigades
34—Fire brigades
The Chief Officer may establish a fire brigade within any fire district.
A fire brigade established under this section will be under the command of—
(a)the Chief Officer; or
(b)a commanding officer who is responsible to the Chief Officer for the discipline and control of the fire brigade.
The Chief Officer may inspect any fire brigade established under this section at any time.
Division 5—Fire and emergency safeguards
35—Interpretation and application
In this Division—
authorised officer means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this Division;
emergency refers only to an emergency constituted of or arising from the escape of any hazardous material, or a situation that involves imminent danger of such escape;
occupier in respect of a public building, includes any person apparently in charge of, or having the control and management of, the building;
public building includes any structure or place (whether permanent or temporary or fixed or moveable) that is enclosed or partly enclosed—
(a)to which admission is open to members of the public or restricted to persons who are members of a club or who possess any other qualification or characteristic and whether admission is or is not procured by the payment of money or on any other condition; or
(b)in which persons work under a contract of service.
This Division applies only to a building, vehicle or place in a fire district.
36—Power to enter and inspect a public building
The Chief Officer or an authorised officer may enter and inspect a public building for the purpose of determining whether there are adequate safeguards against, or in the event of, fire or other emergency.
The Chief Officer or authorised officer—
(a)may exercise the powers conferred by subsection (1) at any reasonable time including any time when the building is open to the public; and
(b)may, if there is reason to believe that urgent action is required, use such force as is reasonable in the circumstances to enter and inspect the public building.
37—Rectification where safeguards inadequate
If, after having inspected a public building, the Chief Officer or authorised officer is of the opinion that there are not adequate safeguards against, or in the event of, fire or other emergency as a result of—
(a)obstruction, closing or locking of an aisle, corridor, door, gangway, lobby, passage, exit, escape or any other means of egress from the building; or
(b)overcrowding of the building; or
(c)non-compliance with the requirements of this or any other Act,
he or she may do 1 or more of the following:
(d)using such force as is reasonably necessary, cause the aisle, corridor, door, gangway, lobby, passage, exit, escape or other means of egress from the building to be cleared, opened or unlocked (as the case requires);
(e)in the event of overcrowding, cause persons to be removed from the building;
(f)order the occupier to take specified action to rectify the situation within a specified period.
A rectification order may be given orally or by notice in writing served on the occupier of the building.
If a rectification order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building.
If a notice containing a rectification order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 or section 157(16) of the Planning, Development and Infrastructure Act 2016 for the area in which the building is situated.
If any matter or thing with respect to fire safety is regulated or required to be done under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, a person may not be ordered under this section to do anything in relation to that matter or thing beyond what is necessary to achieve compliance with the requirements under the relevant Act.
38—Closure orders
If, after having inspected a public building, the Chief Officer or authorised officer is satisfied that the safety of persons in the public building cannot reasonably be ensured by other means, the Chief Officer or authorised officer—
(a)may issue a closure order requiring the occupier of the building to close the building immediately; or
(b)may, if a closure order cannot for any reason be given to the occupier, or if a closure order, having been given to the occupier, is not immediately obeyed, close the building by giving all people present in the building an order to leave the building and, on being satisfied that all such persons have left the building, securing the building to prevent entry by any persons (other than persons authorised to enter the building by the Chief Officer or an authorised officer).
A closure order under subsection (1)(a)—
(a)may be given orally or by notice in writing served on the occupier of the building; and
(b)ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order).
(2a)An order given to people present in the building under subsection (1)(b)—
(a)may be given by affixing a written notice containing the order in a prominent place near the main entrance to the building; and
(b)ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order).
If a closure order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building.
If a closure order cannot for any reason be given to the occupier of the building, the Chief Officer or authorised officer must cause a written notice containing the order to be affixed in a prominent place near the main entrance to the building (whether or not an order is also given to people present in the building under subsection (1)(b)).
The written notice containing a closure order—
(a)must describe the danger that, in the opinion of the Chief Officer or authorised officer, necessitates closure of the building; and
(b)ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order).
If a notice containing a closure order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 or section 157(16) of the Planning, Development and Infrastructure Act 2016 for the area in which the building is situated.
When the Chief Officer or authorised officer is satisfied that the danger has been alleviated, he or she may rescind the order (not being an order granted by the Magistrates Court under subsection (9)).
If the Chief Officer or authorised officer is of the opinion that the danger cannot be, or has not been, alleviated within the period for which the order applies, the Chief Officer or authorised officer may, after having given prior notice of the intention to do so to the occupier of the building, apply to the Magistrates Court for an order directing the occupier to close or keep closed, as the case requires, the building for such period as the Court considers necessary for the alleviation of the danger.
The Magistrates Court may, on an application made under subsection (8)—
(a)grant the order, subject to such conditions as the Court sees fit to impose; or
(b)refuse to grant the order,
and make such other orders as it thinks fit.
If an application is made under subsection (8) while a building is closed pursuant to this section, the closure of the building continues until the application is determined or withdrawn.
The Chief Officer or authorised officer, or the occupier or owner of a building to which an order under subsection (9) applies, may apply to the Magistrates Court, at any time, for the order to be rescinded.
The Magistrates Court may, on an application made under subsection (11), rescind or refuse to rescind the order to which that application relates and make such other orders as it thinks fit.
39—Powers in relation to places at which danger of fire may exist
The Chief Officer or an authorised officer may, at any time and using such force as is reasonably required in the circumstances, enter and inspect any building, vehicle or place at or in which he or she has reason to believe explosives or any hazardous, combustible or flammable materials or substances are being kept or any conditions exist that are likely to be a source of danger to life or property in the event of fire, or are likely to cause an outbreak of fire.
If the Chief Officer or authorised officer finds explosives or any hazardous, combustible or flammable materials or substances that are being kept in an unsafe manner or finds any conditions that are likely to be a source of danger to life or property in the event of fire, or likely to cause an outbreak of fire, the Chief Officer or authorised officer may—
(a)take action himself or herself to alleviate the danger;
(b)order the occupier or person apparently in charge of the building, vehicle or place to take specified action within a specified period to alleviate the danger.
An order under this section may be given orally or by notice in writing served on the occupier or person apparently in charge of the building, vehicle or place.
If an order under this section is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier or person apparently in charge of the building, vehicle or place.
40—Related matters
The Chief Officer or an authorised officer may, when exercising powers conferred by this Division, be accompanied by 1 or more members of SAMFS or police officers as the Chief Officer or authorised officer thinks fit.
A person must not fail to comply with—
(a)an order given by the Chief Officer or an authorised officer under this Division; or
(b)an order of the Magistrates Court under this Division.
Maximum penalty: $5 000.
Division 6—Powers and duties relating to fires and emergencies
Subdivision 1—Exercise of control at scene of fire or other emergency
41—Exercise of control at scene of fire or other emergency
This section applies in relation to any situation that may involve an emergency.
If—
(a)the situation—
(i)involves or arises from—
(A)a fire or a situation that involves imminent danger of fire; or
(B)the escape of any hazardous material or a situation that involves imminent danger of such an escape,
that occurs—
(C)in a fire district; or
(D)on a vessel; or
(E)in the country in a situation where no member of SACFS has assumed control under Part 4; or
(ii)involves or arises from any other emergency or the imminent danger of any other emergency, wherever occurring, at which a person with lawful authority to assume control has not done so; and
(b)an SAMFS brigade has attended,
then the highest ranking officer of SAMFS in attendance may assume control (and all members of the brigade, and all other persons present at the scene, will be subject to his or her control).
Nothing in this section—
(a)derogates from the powers of the Chief Officer of SAMFS to assume control of any operations; or
(b)prevents a member of SAMFS who has taken control of any operations surrendering control of those operations to any other person or body; or
(c)prevents another person or body with lawful authority to do so assuming control at the scene of any emergency.
This section operates subject to the provisions of the Emergency Management Act 2004.
Subdivision 2—Exercise of powers at scene of fire or other emergency
42—Powers
An officer of SAMFS may take, or cause to be taken, any action that appears necessary or desirable for the purpose of protecting the life, health or safety of any person or animal, or protecting property, relevant services or the environment, or for any other purpose associated with dealing with a fire or other emergency or the threat of a fire or other emergency (despite the fact that the action may result in damage to, or destruction of, property or any aspect of the environment or cause pecuniary loss to any person).
Without limiting or derogating from the operation of subsection (1), an officer under subsection (1), or any person acting under the command of an officer, may (to such extent as appears necessary or desirable in the circumstances)—
(a)enter and, if necessary, break into any land, building, structure or vehicle (using such force as is necessary);
(b)take possession of, protect or assume control over any land, body of water, building, structure, vehicle or other thing;
(c)remove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing;
(ca)carry out, or cause to be carried out, excavation or other earthworks;
(cb)construct, or cause to be constructed, barriers, buildings or other structures;
(cc)subject a place or thing to a decontamination procedure;
(d)direct the owner of, or the person for the time being in charge of, any real or personal property to place it under the control or at the disposition of a specified person;
(e)remove, or cause to be removed, to such place as the officer or other person thinks fit, any person or animal, or direct the evacuation or removal of any person or animal;
(f)direct or prohibit the movement of persons, animals or vehicles;
(fa)direct a person to submit to a decontamination procedure;
(g)remove flammable material or any other hazardous material, or cause flammable material or any other hazardous material to be removed, from any place, building or structure;
(h)cause any supply of fuel or other flammable liquid, any gas or electricity, or any other hazardous material, to be connected, reconnected, disconnected or shut off;
(i)direct a person who is in a position to do so—
(i)to stop any work or operation; or
(ii)to close any premises or other place; or
(iii)to contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or
(iv)to shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device;
(j)take and use water or any other fire extinguishing material from any place;
(k)shut off, or cut off, the supply of water or any drainage facility;
(l)make use of the gratuitous services of any person;
(m)direct, insofar as may be reasonably necessary in the circumstances, any person to assist in the exercise of any power under this section;
(n)cause another fire to be lit (despite any other provision of this Act);
(o)exercise any prescribed power.
In the absence of an officer, the powers of an officer under subsection (1) or (2) may be exercised by a firefighter.
A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of an officer of SAMFS or of any other person given in accordance with subsection (1) or (2).
Maximum penalty:
(a)if the offender is a body corporate—$75 000;
(b)if the offender is a natural person—$20 000.
(4a)A member of SAMFS must, before taking any prescribed action with respect to prescribed land, or property on prescribed land—
(a)consult with the owner or person in charge of the prescribed land if that person is in the presence of, or may be immediately contacted by, the member of SAMFS; and
(b)if the prescribed action would affect a government reserve, take into account any relevant provisions of a management plan for the reserve that have been brought to the attention of the member.
(4b)The Chief Officer must take steps to have any relevant provisions of a management plan for a government reserve brought to the attention of members of SAMFS who might exercise powers under this section with respect to the reserve.
If an officer of SAMFS, acting in relation to a fire or other emergency, engages a contractor to demolish, contain, neutralise, dispose of or remove any dangerous or hazardous structure, object, substance or materials, the costs of engaging the contractor are recoverable by SAMFS as a debt from the owner of the dangerous structure, object, substance or materials in a court of competent jurisdiction.
(5a)The Chief Officer may determine that the powers of an officer under subsection (5) may only be exercised by officers of or above a certain rank.
In any proceedings under subsection (5), a certificate apparently signed by the Chief Officer certifying the costs of engaging the contractor is, in the absence of proof to the contrary, to be accepted as proof of the costs so certified.
(6a)In this section—
government reserve means—
(a)a forest reserve; or
(b)a reserve administered under the National Parks and Wildlife Act 1972; or
(c)any other land of a kind brought within the ambit of this definition by the regulations;
prescribed action means the exercise of a power under this section that would result in damage to, or destruction of, property or cause pecuniary loss to any person;
prescribed land means—
(a)a government reserve; or
(b)any other land of a kind brought within the ambit of this definition by the regulations.
This section operates subject to the provisions of the Emergency Management Act 2004.
Subdivision 3—Related matters
43—Provision of water
A water authority for an area in which a fire or other emergency has occurred, or is in imminent danger of occurring, must, at the direction of a person who is lawfully dealing with the situation under this Division, send a competent person to assist in the provision of water.
In this section—
water authority means a body brought within the ambit of this definition by the regulations.
44—Supply of gas or electricity
A person or company supplying gas or electricity to any premises or other place where a fire or other emergency has occurred, or is in imminent danger of occurring, must, at the direction of a person who is lawfully dealing with the situation under this Division, send a competent person to connect, reconnect, disconnect or shut off the supply of gas or electricity to the premises or other place, or to any adjacent premises or place (and the person so attending must then comply with any direction that may be given in the exercise of powers under this Division).
Division 7—Discipline
Subdivision 1—The Disciplinary Committee
45—The South Australian Metropolitan Fire Service Disciplinary Committee
The South Australian Metropolitan Fire Service Disciplinary Committee continues in existence.
The Committee will consist of the following members appointed by the Governor:
(a)a legal practitioner of not less than 7 years standing who will be the presiding member and will be appointed on the nomination of the Minister;
(b)an officer appointed on the nomination of the Chief Officer of SAMFS;
(c)an officer appointed on the nomination of UFU;
(d)a firefighter appointed on the nomination of UFU.
The Minister must consult the Chief Officer and UFU before nominating the presiding officer.
For the purpose of hearing a complaint against a member of SAMFS the Committee will be constituted of—
(a)the presiding member; and
(b)the member nominated by the Chief Officer; and
(c)—
(i)if the person whose conduct is the subject of the complaint is an officer—the officer nominated by UFU; or
(ii)if the person whose conduct is the subject of the complaint is a firefighter—the firefighter nominated by UFU.
A question arising before the Committee will be determined in accordance with the opinion of a majority of the members constituting the Committee.
A person against whom a complaint has been made by the Chief Officer to the Committee may, if he or she wishes, be represented before the Committee by a member of the industrial association to which he or she belongs or, with approval of the Committee, by a legal practitioner.
If the person against whom a complaint has been made by the Chief Officer to the Committee is represented before the Committee by a legal practitioner, the Chief Officer may be represented in those proceedings by a legal practitioner but otherwise the Chief Officer will be represented by an officer of SAMFS.
The Committee may order SAMFS to pay such allowances and expenses as the Committee thinks fit to a person (other than a person who is a party to proceedings before the Committee) who has attended and given evidence in proceedings before the Committee and the amount ordered to be paid may be recovered from SAMFS as a debt.
A member of the Committee shall be entitled to such remuneration, allowances and expenses as are determined by the Governor.
Subdivision 2—Disciplinary proceedings
46—Chief Officer may reprimand
If, after making a full inquiry, the Chief Officer is satisfied that an officer or firefighter of SAMFS has been guilty of misconduct, the Chief Officer may reprimand the officer or firefighter.
47—Proceedings before Disciplinary Committee
The Disciplinary Committee will, on complaint made by the Chief Officer, investigate any alleged misconduct on the part of an officer or firefighter of SAMFS or, if an officer or firefighter has been convicted of an offence punishable by imprisonment, determine what penalty (if any) should be imposed on the officer or firefighter in relation to the conduct that comprised the offence.
If the Committee finds that an officer or firefighter has been guilty of misconduct or has been convicted of an offence punishable by imprisonment, it may impose 1 or more of the following penalties:
(a)it may reprimand him or her;
(b)it may reduce him or her in rank for a period determined by the Committee;
(c)it may suspend him or her from office with, or without, pay;
(d)it may dismiss him or her.
48—Suspension pending hearing of complaint
The Chief Officer may suspend from office an officer or firefighter against whom the Chief Officer has made a complaint to the Disciplinary Committee.
A person suspended under subsection (1) will be suspended on full pay and the suspension will not operate after the complaint has been finally determined by the Committee or SAET.
Subdivision 3—Appeals
49—Review by SAET
An officer or firefighter who is aggrieved by a decision of the Disciplinary Committee or the Chief Officer pursuant to Subdivision 2 may apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the decision.
In connection with the operation of subsection (1)—
(a)an application for review by SAET must be made within 14 days of the making of the decision referred to in subsection (1); and
(b)the Chief Officer is entitled to appear and be heard on a review; and
(c)the applicant may appear personally or be represented by a member of an industrial association to which the applicant belongs or by a legal practitioner; and
(d)the Chief Officer may appear personally or be represented by another officer of SAMFS or, if the applicant is represented by a legal practitioner, the Chief Officer may also be represented by a legal practitioner; and
(e)SAET may award costs against SAMFS but may not award costs against the applicant.
51—Participation of supplementary panel members in reviews
In any proceedings under this Subdivision, SAET will, if the President of SAET so determines, sit with supplementary panel members selected in accordance with Schedule 1.
Division 8—Related matters
52—Accounts and audit
SAMFS must keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year.
The Auditor-General must audit the annual statements of account required under this section.
53—Annual reports
SAMFS must, on or before 30 September in each year, deliver to the Commission a report on the activities of SAMFS during the preceding financial year (and need not provide a report under the Public Sector Act 2009).
The report must—
(a)include the audited statements of account required under this Division; and
(b)include any other information that would be required if SAMFS were reporting under the Public Sector Act 2009; and
(c)comply with any other requirements prescribed by or under this Act or the regulations.
54—Common seal and execution of documents
The Chief Officer may—
(a)execute a document on behalf of SAMFS; and
(b)affix the common seal of SAMFS to a document.
The Chief Officer may, by instrument in writing, authorise another person to exercise a power under subsection (1) subject to conditions and limitations (if any) specified in the instrument for authority.
Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of SAMFS.
A document is duly executed by SAMFS if—
(a)the common seal of SAMFS is affixed to the document in accordance with this section; or
(b)the document is signed on behalf of SAMFS by a person or persons in accordance with any authority conferred under this section.
Where an apparently genuine document purports to bear the common seal of SAMFS, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of SAMFS has been duly affixed to that document.
55—UFU
The associations comprising UFU are recognised as associations that represent the interests of career firefighters.
Part 4—The South Australian Country Fire Service
Division 1—Continuation of service
57—Continuation of service
The Country Fire Service continues in existence as the South Australian Country Fire Service (SACFS).
SACFS—
(a)is a body corporate; and
(b)has perpetual succession and a common seal; and
(c)is capable of suing and being sued in its corporate name; and
(d)has all the powers of a natural person that are capable of being exercised by a body corporate; and
(e)has the functions and powers assigned or conferred by or under this or any other Act.
SACFS is an agency of the Crown and holds its property on behalf of the Crown.
58—Constitution of SACFS
SACFS consists of—
(a)the Chief Officer of SACFS; and
(b)all other officers of SACFS; and
(c)all SACFS organisations and all members of SACFS organisations; and
(d)all employees of SACFS.
The Chief Officer of SACFS is responsible for the management and administration of SACFS (and will, in undertaking this responsibility, also be the Chief Executive of SACFS).
An act done or decision made by the Chief Officer in the management or administration of the affairs of SACFS (including by exercising any power of SACFS under this or any other Act) is an act or decision of SACFS.
58A—Parliamentary recognition of SACFS Volunteer Charter
The Parliament recognises that SACFS is first and foremost a volunteer‑based organisation, in which volunteer officers and members are supported by employees in a fully integrated manner.
The Parliament recognises that the SACFS Volunteer Charter—
(a)is a statement of the commitment and principles that apply to the relationship between the Government of South Australia, the Commission, SACFS and volunteer officers and members; and
(b)requires that the Government of South Australia, the Commission and SACFS recognise, value, respect and promote the contribution of volunteer officers and members to the well‑being and safety of the community; and
(c)requires that the Government of South Australia, the Commission and SACFS commit to consulting with the Country Fire Service Volunteers Association on behalf of volunteer officers and members on any matter that might reasonably be expected to affect them.
SACFS must, in performing its functions, have regard to the commitments and principles set out in the SACFS Volunteer Charter.
SACFS has a responsibility to develop policy and organisational arrangements that encourage, maintain and strengthen the capacity of volunteer officers and members to provide SACFS services.
In this section—
SACFS Volunteer Charter means the SACFS Volunteer Charter prepared in consultation with the Government of South Australia, the Commission, SACFS, the Country Fire Service Volunteers Association and SACFS volunteers, as in force from time to time.
Division 2—Functions and powers
59—Functions and powers
SACFS has the following functions:
(a)to provide services with a view to preventing the outbreak of fires, or reducing the impact of fires, in the country;
(b)to provide efficient and responsive services in the country for the purpose of fighting fires, dealing with other emergencies or undertaking any rescue;
(c)to protect life, property and environmental assets from fire and other emergencies occurring in the country;
(d)to develop and maintain plans to cope with the effects of fires or emergencies in the country;
(e)to provide services or support to assist with recovery in the event of a fire or other emergency in the country;
(f)to perform any other function assigned to SACFS by or under this or any other Act.
Schedule 2—Code of conduct to be observed by officers and firefighters for the purposes of Part 3
An officer or a firefighter—
(a)must not, without proper excuse, be absent from, or late in attending, any place at which he or she is required to attend in the course of his or her duty;
(b)must not, without proper excuse, disobey an order of an officer or firefighter who is of superior rank and must not be guilty of insubordination;
(c)must not neglect his or her duty—
(i)by failing to carry out duties promptly and diligently;
(ii)by failing to report to the Chief Officer of SAMFS or other proper authority any matter that is relevant to the administration of this Act and of which he or she has knowledge;
(iii)in any other manner;
(d)must not be negligent in the performance of his or her duty under this Act;
(e)must not exercise his or her authority under this Act in an unnecessarily oppressive manner;
(f)must not, without proper excuse, damage or destroy, or permit the damage or destruction of, property belonging to SAMFS;
(g)must not, without proper excuse, fail to report to the Chief Officer of SAMFS or other proper authority any damage to, or loss or destruction of, any property belonging to SAMFS;
(h)must not, without proper authority, alter or remove an entry in a book, document or other record belonging to SAMFS;
must not, without proper excuse, use property belonging to SAMFS for an unauthorised purpose;
(j)must not knowingly make a false or misleading statement in the course of his or her duty under this Act;
(k)must not fail to account for money or property of SAMFS that comes into his or her possession;
(l)must not use his or her position as an officer or firefighter to obtain an ulterior pecuniary or material benefit;
(m)must not, without proper excuse, render himself or herself unfit, by the consumption of alcohol or the use of any other drug, to carry out any duty under this Act;
(n)must not consume alcohol or use a drug (other than alcohol or a drug prescribed by a medical practitioner) in the course of performing any duty under this Act;
(o)must not, while on duty, engage in gambling;
(p)must not, while on duty, act in a disorderly manner or in a manner that is likely to be prejudicial to the maintenance of discipline in the fire service conducted by SAMFS;
(q)must not, without proper excuse, fail to be of clean and tidy appearance and of courteous demeanour when in uniform in a public place;
(r)must not divulge to the public confidential information acquired by him or her in the course of his or her duty;
(s)must not, without proper authority, make a public statement purporting to be made on behalf of the Chief Officer or SAMFS.
Schedule 5—Regulations
The giving of notice to a prescribed person or body in prescribed circumstances.
The provision of reports, documents or other forms of information to any person or body that performs a function under this Act.
The payment of fees and charges for any service rendered by an organisation within the emergency services sector or other body under this Act.
With respect to SAMFS—
(a)provide for the discipline of fire brigades, and of the officers and other members of fire brigades;
(b)provide for the practice and procedure of the Disciplinary Committee under Part 3 Division 7.
With respect to SACFS—
(a)make any provision with respect to the formation, constitution, rules and operations of SACFS organisations, and any related organisational or administrative matters;
(b)make any provision with respect to—
(i)the eligibility of persons to be members of SACFS organisations;
(ii)the registration, training, functions and duties of the members of SACFS organisations;
(iii)management matters relating to membership of SACFS organisations;
(c)make any provision with respect to—
(i)the determination of complaints against members of SACFS organisations;
(ii)the disciplining, in appropriate cases, of members of SACFS organisations.
With respect to SASES—
(a)make any provision with respect to the formation, constitution, rules and operations of SASES units, and any related organisational or administrative matters;
(b)make any provision with respect to—
(i)the eligibility of persons to be members of SASES units;
(ii)the registration, training, functions and duties of the members of SASES units;
(iii)management matters relating to membership of SASES units;
(c)make any provision with respect to—
(i)the determination of complaints against members of SASES units;
(ii)the disciplining, in appropriate cases, of members of SASES units.
Any matter relevant to—
(a)the prevention, control, suppression, containment, mitigation or extinction of fire, including so as to regulate or prohibit any activity, practice or act, or the use of any plant, equipment, apparatus or device (either absolutely or in prescribed circumstances and including so as to provide for the imposition of any conditions or requirements); or
(b)the prevention or mitigation of, or the means of dealing with, other emergencies; or
(c)the safety of life or property in the event of a fire or other emergency.
7AAny matter relevant to the establishment or operations of industry brigades.
Any matter relevant to the operation, maintenance or inspection of equipment by a body within the emergency services sector, the members of such a body, or councils.
Regulate the design, construction, maintenance and use of fire alarms and other equipment or facilities associated with dealing with any fire or other emergency.
The prescription of any form for the purposes of this Act.
The procedures associated with any process under this Act, including the service of any notice or other document.
The design or use of any uniform, badge or insignia.
The holding of coronial inquests at the request of the Commission or an emergency services organisation in prescribed cases.
Fixing expiation fees, not exceeding $500, for alleged offences against the Act or regulations.
Evidence in proceedings for an offence against the regulations.
The imposition of penalties, not exceeding $10 000, for a contravention of, or failure to comply with, a regulation.
The making of provisions of a saving or transitional nature consequent on the amendment of this Act by any other Act.
Schedule 6—Transitional provisions
Part 11—Transitional provisions
14—Special provisions relating to the repeal of the Country Fires Act 1989
In this clause—
relevant Act means the Country Fires Act 1989.
Any real or personal property of the Country Fire Service Board become, on the commencement of this clause, property of SACFS.
Any rights or liabilities of the Country Fire Service Board (whether vested or contingent) become, on the commencement of this clause, rights and liabilities of SACFS.
A decision or determination of the Country Fire Service Board that has any force or effect immediately before the commencement of this clause will be taken to be a decision or determination of the Chief Officer of SACFS.
The person holding the office of Chief Officer of the Country Fire Service immediately before the commencement of this clause continues as the Chief Officer of SACFS under this Act with the same conditions of employment (and, if relevant, for the balance of his or her term of appointment).
All C.F.S. organisations under the relevant Act become, on the commencement of this clause, SACFS organisations under this Act without affecting any office or position held in that organisation.
All C.F.S. regions under the relevant Act become, on the commencement of this clause, SACFS regions under this Act.
All money standing to the credit of the Country Fire Service Fund will, after the commencement of this clause, be managed by SACFS.
All committees under Part 4 of the relevant Act become, on the commencement of this clause, committees established under this Act (and all members will be members of the relevant committees under this Act).
A person holding an appointment as a fire prevention officer, authorised officer or fire control officer under the relevant Act will become, on the commencement of this clause, a person holding the corresponding appointment under this Act.
Any permit or other authorisation in force under the relevant Act immediately before the commencement of this Act will continue to have force and effect as if it were a permit or authorisation issued under the corresponding provision of this Act.
15—Specific provisions relating to the repeal of the South Australian Metropolitan Fire Service Act 1936
In this clause—
relevant Act means the South Australian Metropolitan Fire Service Act 1936.
The person holding the office of Chief Officer of the South Australian Metropolitan Fire Service immediately before the commencement of this clause continues as the Chief Officer of SAMFS under this Act with the same conditions of employment (and, if relevant, for the balance of his or her term of appointment).
All fire brigades under the relevant Act become, on the commencement of this clause, fire brigades under this Act without affecting any office or position held in that fire brigade.
All fire districts under the relevant Act become, on the commencement of this clause, SAMFS fire districts under this Act.
A person holding an appointment as an authorised officer under the relevant Act will become, on the commencement of this clause, a person holding the corresponding appointment under this Act.
A panel established under Schedule 1 of the relevant Act will become, on the commencement of this clause, the corresponding panel under Schedule 1 of this Act.
16—Specific provisions relating to the repeal of the State Emergency Service Act 1987
In this clause—
relevant Act means the State Emergency Service Act 1987.
The person holding the office of Director of State Emergency Service South Australia immediately before the commencement of this clause continues as the Chief Officer of SASES under this Act with the same conditions of employment (and, if relevant, for the balance of his or her term of appointment).
All S.E.S. units under the relevant Act become, on the commencement of this clause, SASES units under this Act without affecting any office or position held in the unit.
17—Staff
The Minister may, by notice in the Gazette, transfer a person who is employed in the Emergency Services Administrative Unit immediately before the commencement of this subclause to—
(a)the staff of the Commission; or
(b)the staff of an emergency services organisation,
(so that the person will then be an employee of the Commission or organisation (as the case may be)).
A person transferred under subclause (1) will have rights, obligations and liabilities in respect of his or her employment with the Commission or organisation that are the same as or equivalent to those that would have applied had the person remained as an employee within the Public Service.
(3)Subclause (2) applies to a person subject to any industrial or enterprise award, determination or agreement that may become binding on the Commission or the organisation (as the case may be).
The Minister must consult with—
(a)the Commissioner for Public Employment; and
(b)any registered association that represents the interests of any person who is being transferred,
before acting under subclause (1).
The Minister may, by notice in the Gazette, transfer a person who is employed in the South Australian Metropolitan Fire Service, the Country Fire Service or the State Emergency Service immediately before the commencement of this subclause to—
(a)the staff of the Commission; or
(b)the staff of another emergency services organisation,
(so that the person will then be an employee of the Commission or the other organisation (as the case may be)).
The Minister must consult with—
(a)the Commissioner for Public Employment; and
(b)any registered association that represents the interests of any person who is being transferred,
before acting under subclause (5) and the conditions of employment that will apply to a person on his or her transfer under that subclause will be determined by the Commissioner for Public Employment.
Despite a preceding subclause, a person transferred under this clause will be taken to have continuity of employment without any termination of service and any transfer will not affect any accrued or accruing right to leave.
18—Presiding member of Commission
Despite section 11(1)(a) of this Act, the person first appointed to be the presiding member of the Board of the South Australian Fire and Emergency Services Commission need not hold the position of Chief Executive of the Commission.
The following provisions will apply if a person is appointed pursuant to subclause (1):
(a)the person will be appointed on conditions determined by the Governor and for a term specified in the instrument of appointment;
(b)the person will be taken to be an ex officio member of the Board for the purposes of the other provisions of this Act.
19—Other provisions
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)decreasing the person's rights; or
(b)imposing liabilities on the person.
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Schedule.
Legislative history
Notes
•This version is comprised of the following:
Part 1 1.1.2024 Part 2 2.8.2021 Part 3 15.2.2021 Part 4 2.8.2021 Part 4A 15.2.2021 Part 5 15.2.2021 Part 6 15.2.2021 Schedules 15.2.2021 •Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Fire and Emergency Services Act 2005 repealed the following:
Country Fires Act 1989
South Australian Metropolitan Fire Service Act 1936
State Emergency Service Act 1987
Legislation amended by principal Act
The Fire and Emergency Services Act 2005 amended the following:
Development Act 1993
Electricity Act 1996
Emergency Services Funding Act 1998
Essential Services Act 1981
Gas Act 1997
Local Government Act 1999
Private Parking Areas Act 1986
Summary Offences Act 1953
Principal Act and amendments
New entries appear in bold.
Year No Title Assent Commencement 2005 40 Fire and Emergency Services Act 2005 14.7.2005 1.10.2005 (Gazette 29.9.2005 p3547) 2006 41 Statutes Amendment (Public Sector Employment) Act 2006 14.12.2006 Pt 12 (ss 46—58)—1.4.2007 (Gazette 29.3.2007 p930) 2006 43 Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 35 (s 103)—1.6.2007 (Gazette 26.4.2007 p1352) 2006 44 Statutes Amendment (Justice Portfolio) Act 2006 14.12.2006 Pt 14 (ss 22—25)—18.1.2007 (Gazette 18.1.2007 p234) 2008 9 Statute Law Revision Act 2008 17.4.2008 17.4.2008 2009 29 Statutes Amendment (Public Health Incidents and Emergencies) Act 2009 25.6.2009 Pt 5 (ss 14—21)—25.6.2009 2009 44 Fire and Emergency Services (Review) Amendment Act 2009 1.10.2009 1.11.2009 (Gazette 29.10.2009 p4983) 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 63 (ss 141—158)—1.2.2010 (Gazette 28.1.2010 p320) 2011 21 South Australian Public Health Act 2011 16.6.2011 Sch 1 (cl 7)—16.9.2012 (Gazette 30.8.2012 p3945) 2013 16 Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 19 (ss 38 & 39)—17.6.2013 (Gazette 6.6.2013 p2498) 2015 8 Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 18.6.2015 Pt 13 (ss 73 & 74)—1.7.2015 (Gazette 25.6.2015 p3076) 2016 63 Statutes Amendment (South Australian Employment Tribunal) Act 2016 8.12.2016 Pt 10 (ss 101—107)—1.7.2017 (Gazette 16.5.2017 p1221) 2017 5 Statutes Amendment (Planning, Development and Infrastructure) Act 2017 28.2.2017 Pt 11 (s 43)—19.3.2021 (Gazette 4.3.2021 p823); ss 41 & 42—uncommenced—will not be brought into operation 2019 20 Fire and Emergency Services (Volunteer Charters) Amendment Act 2019 8.8.2019 8.8.2019 2019 25 Statutes Amendment and Repeal (Simplify) Act 2019 3.10.2019 Pt 17 (ss 31 & 32)—3.10.2019: s 2(1) 2019 33 Landscape South Australia Act 2019 21.11.2019 Sch 5 (cll 19 to 22)—1.7.2020 (Gazette 25.6.2020 p3502) 2020 8 Fire and Emergency Services (Miscellaneous) Amendment Act 2020 7.5.2020 15.2.2021 (Gazette 11.2.2021 p345) 2021 15 Fire and Emergency Services (Governance) Amendment Act 2021 20.5.2021 2.8.2021 (Gazette 29.7.2021 p2915) 2023 39 Public Holidays Act 2023 7.12.2023 Sch 1 (cl 9)—1.1.2024: s 2 Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Pt 1 Long title amended under Legislation Revision and Publication Act 2002 18.1.2007 amended by 44/2009 s 4 1.11.2009 s 2 omitted under Legislation Revision and Publication Act 2002 18.1.2007 s 3 s 3(1) appointed member amended by 15/2021 s 4 2.8.2021 award amended by 63/2016 s 101(1) 1.7.2017 business day inserted by 8/2020 s 4(1) 15.2.2021 deleted by 39/2023 Sch 1 cl 9 1.1.2024 department amended by 84/2009 s 141(1), (2) 1.2.2010 designated urban bushfire risk area inserted by 44/2009 s 5(1) 1.11.2009 District Court deleted by 44/2009 s 5(2) 1.11.2009 domestic partner inserted by 43/2006 s 103(1) 1.6.2007 emergency amended by 29/2009 s 14 25.6.2009 fire prevention officer substituted by 44/2009 s 5(3) 1.11.2009 Industrial Relations Commission inserted by 44/2006 s 22 18.1.2007 deleted by 63/2016 s 101(2) 1.7.2017 industry brigade inserted by 8/2020 s 4(2) 15.2.2021 land inserted by 44/2009 s 5(4) 1.11.2009 officer amended by 44/2009 s 5(5) 1.11.2009 public sector agency amended by 84/2009 s 141(3) 1.2.2010 relative amended by 9/2008 s 2 (Sch 1) 17.4.2008 SACFS brigade inserted by 8/2020 s 4(3) 15.2.2021 SAET inserted by 63/2017 s 101(3) 1.7.2017 spouse substituted by 43/2006 s 103(2) 1.6.2007 s 3(1a) and (1b) inserted by 8/2020 s 4(4) 15.2.2021 s 3(3) amended by 44/2009 s 5(6) 1.11.2009 s 3(4) amended by 43/2006 s 103(3)—(5) 1.6.2007 s 4A inserted by 44/2009 s 6 1.11.2009 Pt 2 Pt 2 Div 2 s 8 s 8(1) amended by 44/2009 s 7 1.11.2009 amended by 15/2021 s 5 2.8.2021 Pt 2 Div 3 s 10 s 10(1) amended by 44/2009 s 8(1) 1.11.2009 s 10(1a) inserted by 44/2009 s 8(2) 1.11.2009 s 10(2) amended by 44/2009 s 8(3) 1.11.2009 s 11 s 11(1) amended by 44/2009 s 9(1)—(3) 1.11.2009 amended by 15/2021 s 6 2.8.2021 s 14 s 14(1) amended by 15/2021 s 7 2.8.2021 s 14(2) substituted by 44/2009 s 10(1) 1.11.2009 s 14(3) amended by 44/2009 s 10(2) 1.11.2009 s 14(4) deleted by 44/2009 s 10(3) 1.11.2009 s 14(6) amended by 44/2009 s 10(4) 1.11.2009 s 15 deleted by 44/2009 s 11 1.11.2009 s 15 inserted by 84/2009 s 142 1.2.2010 Pt 2 Div 4 s 16 s 16(3) amended by 44/2009 s 12(1), (2) 1.11.2009 s 17 s 17(1) s 17 amended and redesignated as s 17(1) by 41/2006 s 46(1)—(3) 1.4.2007 amended by 84/2009 s 143 1.2.2010 s 17(2) inserted by 41/2006 s 46(3) 1.4.2007 s 17A inserted by 44/2009 s 13 1.11.2009 Pt 2 Div 5 substituted by 44/2009 s 14 1.11.2009 Pt 2 Div 7 s 22 s 22(1) amended by 84/2009 s 144(1) 1.2.2010 s 22(2) amended by 84/2009 s 144(2) 1.2.2010 Pt 3 s 26 s 26(3) amended by 8/2020 s 5 15.2.2021 s 27 s 27(3) amended by 84/2009 s 145 1.2.2010 s 28 s 28(1) amended by 41/2006 s 47 1.4.2007 s 28(2) amended by 84/2009 s 146 1.2.2010 s 29 s 29(2) amended by 44/2006 s 23(1)—(3) 18.1.2007 amended by 63/2016 s 102(1), (2) 1.7.2017 s 29(5) amended by 41/2006 s 48 1.4.2007 s 30 s 30(1) amended by 41/2006 s 49 1.4.2007 s 31 s 31(4) inserted by 41/2006 s 50 1.4.2007 s 37 s 37(4) amended by 8/2020 s 6(1) 15.2.2021 s 37(5) amended by 8/2020 s 6(2), (3) 15.2.2021 s 38 s 38(1) amended by 8/2020 s 7(1), (2) 15.2.2021 s 38(2) substituted by 8/2020 s 7(3) 15.2.2021 s 38(2a) inserted by 8/2020 s 7(3) 15.2.2021 s 38(4) amended by 8/2020 s 7(4) 15.2.2021 s 38(5) substituted by 8/2020 s 7(5) 15.2.2021 s 38(6) amended by 8/2020 s 7(6) 15.2.2021 s 38(7) amended by 8/2020 s 7(7) 15.2.2021 s 38(8) amended by 8/2020 s 7(8) 15.2.2021 s 42 s 42(2) amended by 29/2009 s 15(1)—(3) 25.6.2009 s 42(4a) and (4b) inserted by 44/2009 s 15(1) 1.11.2009 s 42(5) amended by 8/2020 s 8(1) 15.2.2021 s 42(5a) inserted by 8/2020 s 8(2) 15.2.2021 s 42(6a) inserted by 44/2009 s 15(2) 1.11.2009 s 44 amended by 29/2009 s 16 25.6.2009 s 48 s 48(2) amended by 44/2009 s 16 1.11.2009 amended by 63/2016 s 103 1.7.2017 s 49 before substitution by 63/2016 s 49(1) amended by 44/2009 s 17 1.11.2009 s 49 substituted by 63/2016 s 104 1.7.2017 s 50 before deletion by 63/2016 s 50(1) amended by 44/2009 s 18(1) 1.11.2009 s 50(2) amended by 44/2009 s 18(2) 1.11.2009 s 51 amended by 44/2009 s 19 1.11.2009 s 50 deleted by 63/2016 s 104 1.7.2017 s 51 amended by 63/2016 s 105 1.7.2017 s 53 s 53(1) amended by 84/2009 s 147(1) 1.2.2010 s 53(2) amended by 84/2009 s 147(2) 1.2.2010 s 56 deleted by 44/2009 s 20 1.11.2009 Pt 4 Pt 4 Div 1 s 58A inserted by 20/2019 s 3 8.8.2019 Pt 4 Div 2 s 59 s 59(3) amended by 8/2020 s 9 15.2.2021 Pt 4 Div 3 s 60 s 60(3) amended by 84/2009 s 148 1.2.2010 s 61 s 61(1) amended by 41/2006 s 51 1.4.2007 s 61(2) amended by 84/2009 s 149 1.2.2010 s 62 s 62(1) amended by 41/2006 s 52 1.4.2007 s 63 s 63(1) amended by 41/2006 s 53 1.4.2007 s 64 s 64(4) inserted by 41/2006 s 54 1.4.2007 Pt 4 Div 5 s 68 s 68(1) amended by 8/2020 s 10 15.2.2021 s 68(2) amended by 44/2009 s 21(1) 1.11.2009 s 68(8) substituted by 44/2009 s 21(2) 1.11.2009 s 68(9)—(14) deleted by 44/2009 s 21(2) 1.11.2009 s 69 s 69(1) amended by 44/2009 s 22 1.11.2009 Pt 4 Div 5A inserted by 8/2020 s 11 15.2.2021 Pt 4 Div 6 s 70 s 70(3) amended by 8/2020 s 12(1) 15.2.2021 s 70(7a) inserted by 8/2020 s 12(2) 15.2.2021 Pt 4 Div 6A inserted by 8/2020 s 13 15.2.2021 Pt 4 Div 7 substituted by 44/2009 s 23 1.11.2009 s 71 s 71(2) amended by 8/2015 s 73(1), (3) 1.7.2015 (b)(xvi) deleted by 8/2015 s 73(2) 1.7.2015 amended by 33/2019 Sch 5 cl 19 1.7.2020 amended by 8/2020 s 14(1) 15.2.2021 amended by 5/2017 s 43 19.3.2021 s 71(9) amended by 8/2020 s 14(2) 15.2.2021 s 71B s 71B(1) amended by 84/2009 s 150 1.2.2010 s 71E amended by 84/2009 s 151 1.2.2010 s 71E(1) s 71E amended and redesignated as s 71E(1) by 15/2021 s 8(1), (2) 2.8.2021 s 71E(2) inserted by 15/2021 s 8(2) 2.8.2021 s 72 s 72(2) amended by 33/2019 Sch 5 cl 20 1.7.2020 s 72C s 72C(1) amended by 84/2009 s 152 1.2.2010 Pt 4 Div 7A inserted by 44/2009 s 23 1.11.2009 s 73 s 73(7) amended by 84/2009 s 153 1.2.2010 amended by 8/2015 s 74(1), (2) 1.7.2015 amended by 33/2019 Sch 5 cl 21 1.7.2020 s 73A s 73A(7) amended by 84/2009 s 154 1.2.2010 amended by 33/2019 Sch 5 cl 22 1.7.2020 Pt 4 Div 8 Pt 4 Div 8 Subdiv 1 s 78 s 78(2) amended by 44/2009 s 24 1.11.2009 s 78(3) substituted by 25/2019 s 31 3.10.2019 s 79 s 79(1) amended by 44/2009 s 25(1) 1.11.2009 s 79(2) substituted by 44/2009 s 25(2) 1.11.2009 s 79(3) and (4) deleted by 44/2009 s 25(2) 1.11.2009 s 79(5) amended by 44/2009 s 25(3) 1.11.2009 Pt 4 Div 8 Subdiv 2 s 80 s 80(2) amended by 8/2020 s 15(1) 15.2.2021 s 80(3) amended by 8/2020 s 15(2) 15.2.2021 s 80(5) substituted by 8/2020 s 15(3) 15.2.2021 s 80(6) amended by 8/2020 s 15(4) 15.2.2021 Pt 4 Div 8 Subdiv 3 s 81 s 81(2) substituted by 44/2009 s 26(1) 1.11.2009 s 81(10) substituted by 44/2009 s 26(2) 1.11.2009 s 81(11) and (12) deleted by 44/2009 s 26(2) 1.11.2009 s 81(13a) and (13b) inserted by 8/2020 s 16 15.2.2021 Pt 4 Div 8 Subdiv 4 s 82 s 82(2) amended by 8/2020 s 17(1)—(3) 15.2.2021 Pt 4 Div 8 Subdiv 5 deleted by 44/2009 s 27 1.11.2009 Pt 4 Div 8 Subdiv 6 s 86 s 86(4) amended by 16/2013 s 38 17.6.2013 s 88 deleted by 44/2009 s 28 1.11.2009 s 89 amended by 44/2009 s 29 1.11.2009 s 90 deleted by 44/2009 s 30 1.11.2009 s 91 s 91(2) designated Act inserted by 44/2009 s 31(1) 1.11.2009 government officer amended by 44/2009 s 31(2) 1.11.2009 Pt 4 Div 7 Subdiv 7 s 92 deleted by 44/2009 s 32 1.11.2009 s 94 s 94(4) amended by 8/2020 s 18 15.2.2021 s 95A inserted by 44/2009 s 33 1.11.2009 Pt 4 Div 9 s 97 s 97(2) amended by 29/2009 s 17(1)—(3) 25.6.2009 s 97(8) and (9) deleted by 8/2020 s 19(1) 15.2.2021 s 97(10) amended by 8/2020 s 19(2) 15.2.2021 s 99 amended by 29/2009 s 18 25.6.2009 Pt 4 Div 10 s 101 s 101(1) amended by 84/2009 s 155(1) 1.2.2010 s 101(2) amended by 44/2009 s 34 1.11.2009 amended by 84/2009 s 155(2) 1.2.2010 (ab) deleted by 15/2021 s 9 2.8.2021 Pt 4A inserted by 44/2009 s 35 1.11.2009 s 105F s 105F(9) amended by 25/2019 s 32 3.10.2019 s 105IA inserted by 8/2020 s 20 15.2.2021 Pt 5 Div 1 s 107A inserted by 20/2019 s 4 8.8.2019 Pt 5 Div 2 s 108 s 108(1) amended by 29/2009 s 19 25.6.2009 amended by 21/2011 Sch 1 cl 7 16.9.2012 s 108(3) amended by 8/2020 s 21 15.2.2021 Pt 5 Div 3 s 109 s 109(3) amended by 84/2009 s 156 1.2.2010 s 110 s 110(1) amended by 41/2006 s 55 1.4.2007 s 110(2) amended by 84/2009 s 157 1.2.2010 s 111 s 111(1) amended by 41/2006 s 56 1.4.2007 s 112 s 112(1) amended by 41/2006 s 57 1.4.2007 s 113 s 113(4) inserted by 41/2006 s 58 1.4.2007 Pt 5 Div 4 s 116 s 116(4) amended by 44/2009 s 36(1) 1.11.2009 deleted by 8/2020 s 22(1) 15.2.2021 s 116(5) deleted by 8/2020 s 22(1) 15.2.2021 s 116(6) amended by 8/2020 s 22(2) 15.2.2021 s 116(7) amended by 8/2020 s 22(3) 15.2.2021 s 116(9) substituted by 44/2009 s 36(2) 1.11.2009 s 116(10)—(15) deleted by 44/2009 s 36(2) 1.11.2009 Pt 5 Div 4A inserted by 8/2020 s 23 15.2.2021 Pt 5 Div 5 s 118 s 118(2) amended by 29/2009 s 20(1)—(3) 25.6.2009 s 118(4a)—(4c) inserted by 8/2020 s 24 15.2.2021 s 119 amended by 29/2009 s 21 25.6.2009 Pt 5 Div 6 s 121 s 121(1) amended by 84/2009 s 158(1) 1.2.2010 s 121(2) amended by 84/2009 s 158(2) 1.2.2010 Pt 6 s 127 s 127(4) amended by 44/2009 s 37 1.11.2009 s 127A inserted by 8/2020 s 25 15.2.2021 s 138 substituted by 16/2013 s 39 17.6.2013 s 142 s 142(1) amended by 8/2020 s 26(1) 15.2.2021 s 142(5) amended by 8/2020 s 26(2) 15.2.2021 s 142(9) authorised officer amended by 8/2020 s 26(3) 15.2.2021 relevant entity amended by 8/2020 s 26(4) 15.2.2021 s 143 s 143(2) amended by 8/2020 s 27(1) 15.2.2021 s 143(4) inserted by 8/2020 s 27(2) 15.2.2021 s 148 s 148(5) and (6) inserted by 44/2009 s 38 1.11.2009 s 149 s 149(1) substituted by 44/2009 s 39(1) 1.11.2009 s 149(1a) inserted by 44/2009 s 39(1) 1.11.2009 s 149(3) substituted by 44/2009 s 39(2) 1.11.2009 s 149(4) deleted by 44/2009 s 39(2) 1.11.2009 Sch 1 before substitution by 63/2016 cl 1 amended by 44/2006 s 24(1) 18.1.2007 amended by 44/2009 s 40(1) 1.11.2009 cl 4 amended by 44/2006 s 24(2), (3) 18.1.2007 amended by 44/2009 s 40(2) 1.11.2009 cl 5 amended by 44/2006 s 24(4) 18.1.2007 cl 6 amended by 44/2006 s 24(5) 18.1.2007 amended by 44/2009 s 40(3) 1.11.2009 Sch 1 substituted by 63/2016 s 106 1.7.2017 Sch 3 deleted by 44/2009 s 41 1.11.2009 Sch 4 deleted by 44/2009 s 42 1.11.2009 Sch 5 cl 7 amended by 44/2009 s 43(1) 1.11.2009 cl 7A inserted by 8/2020 s 28 15.2.2021 cl 14 amended by 44/2009 s 43(2) 1.11.2009 cl 16 amended by 44/2009 s 43(3) 1.11.2009 cl 17 inserted by 44/2009 s 43(4) 1.11.2009 Sch 6 Pts 1—10 omitted under Legislation Revision and Publication Act 2002 18.1.2007
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Justice Portfolio) Act 2006
25—Transitional provision
An amendment made by this Act to the Fire and Emergency Services Act 2005 applies only in relation to proceedings commenced after the commencement of this section.
Statutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions
Note—
Also see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.
1—Interpretation
In this Part, unless the contrary intention appears—
Commonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;
employing authority means—
(a)subject to paragraph (b)—the person who is the employing authority under a relevant Act;
(b)in a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;
Industrial Commission means the Industrial Relations Commission of South Australia;
prescribed body means—
(a)the Aboriginal Lands Trust;
(b)the Adelaide Cemeteries Authority;
(c)the Adelaide Festival Centre Trust;
(d)the Adelaide Festival Corporation;
(e)SA Ambulance Service Inc;
(f)the Minister to whom the administration of the Children's Services Act 1985 is committed;
(g)the Minister to whom the administration of the Education Act 1972 is committed;
(h)the Electricity Supply Industry Planning Council;
(i)a body constituted under the Fire and Emergency Services Act 2005;
(j)the History Trust of South Australia;
(k)the Institute of Medical and Veterinary Science;
(l)a regional NRM board constituted under the Natural Resources Management Act 2004;
(m)the Senior Secondary Assessment Board of South Australia;
(n)the South Australian Country Arts Trust;
(o)the South Australian Film Corporation;
(p)the South Australian Health Commission;
(q)an incorporated hospital under the South Australian Health Commission Act 1976;
(r)an incorporated health centre under the South Australian Health Commission Act 1976;
(s)the South Australian Motor Sport Board;
(t)the South Australian Tourism Commission;
(u)The State Opera of South Australia;
(v)the State Theatre Company of South Australia;
(w)the Minister to whom the administration of the Technical and Further Education Act 1975 is committed;
relevant Act means—
(a)in a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;
(b)in a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;
(c)in a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.
2—Transfer of employment
Subject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).
The following persons will, on the commencement of this clause, be taken to be employed as follows:
(a)a person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);
(b)a person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;
(c)a person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;
(d)a person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.
Subject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).
Subject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—
(a)will be taken to provide for continuity of employment without termination of the relevant employee's service; and
(b)will not affect—
(i)existing conditions of employment or existing or accrued rights to leave; or
(ii)a process commenced for variation of those conditions or rights.
If, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—
(a)with the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and
(b)with any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,
subject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).
Where an award or enterprise agreement is created by virtue of the operation of subclause (5)—
(a)the award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and
(b)the Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and
(c)the Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.
3—Superannuation
If a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.
Nothing that takes effect under subclause (1)—
(a)constitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or
(b)terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,
and subclause (1) may have effect despite any other Act or law.
An amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).
4—Interpretative provision
The Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.
A proclamation under subclause (1) may effect a transfer of functions or powers.
5—Related matters
A notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.
A notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.
A notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.
A notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.
The fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).
6—Other provisions
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)decreasing the person's rights; or
(b)imposing liabilities on the person.
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.
Fire and Emergency Services (Review) Amendment Act 2009, Sch 1
1—Transitional provisions
The amendment of sections 49, 50 and 51 of the Fire and Emergency Services Act 2005 by this Act does not affect any proceedings instituted under those sections before the commencement of this clause.
A right of appeal in existence before the commencement of this clause under the sections referred to in subclause (1) not exercised before that commencement will be taken to be a right of appeal under those sections as amended by this Act.
Statutes Amendment (South Australian Employment Tribunal) Act 2016
107—Transitional provisions
In this section—
principal Act means the Fire and Emergency Services Act 2005;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Employment Tribunal.
A decision, direction, determination or order of the Industrial Relations Commission of South Australia under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction, determination or order of the Tribunal.
A right of appeal with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Industrial Relations Commission of South Australia under the principal Act, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.
Any proceedings before the Industrial Relations Commission of South Australia under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal.
The Tribunal may—
(a)receive in evidence any transcript of evidence in proceedings before the Industrial Relations Commission, and draw any conclusions of fact from that evidence that appear proper; and
(b)adopt any findings or determinations of the Industrial Relations Commission that may be relevant to proceedings before the Tribunal; and
(c)adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Industrial Relations Commission before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and
(d)take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.
Fire and Emergency Services (Miscellaneous) Amendment Act 2020, Sch 1—Transitional provisions
1—SASES unit constitution
The constitution of an SASES unit is revoked on the commencement of section 22.
Any process for dissolution of an SASES unit that has been commenced but not completed before the commencement of section 22 is not affected by the revocation of the SASES unit's constitution under subclause (1) (and may be continued and completed by the Chief Officer in accordance with the regulations).
2—SASES command structure
A person who, immediately before the commencement of section 23, holds an office or rank within SASES continues to hold that office or rank as if they had been appointed in accordance with Part 5 Division 4A of the Fire and Emergency Services Act 2005 (as inserted by section 23).
Historical versions
| 18.1.2007 |
| 1.4.2007 |
| 1.6.2007 |
| 17.4.2008 |
| 25.6.2009 |
| 1.11.2009 |
| 1.2.2010 |
| 16.9.2012 |
| 17.6.2013 |
| 1.7.2015 |
| 1.7.2017 |
| 8.8.2019 |
| 3.10.2019 |
| 1.7.2020 |
| 15.2.2021 |
| 19.3.2021 |
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