{"id":"fire-and-emergency-services-act-2005","name":"Fire and Emergency Services Act 2005","slug":"fire-and-emergency-services-act-2005","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32074,"registerId":"sa-fire-and-emergency-services-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Fire and Emergency Services Act 2005.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nappointed member of the Board means a member of the Board appointed by the Governor under section 11(1);\naward includes—\n\t(a)\tan award or order of SAET; and\n\t(b)\tan award or order of the Australian Industrial Relations Commission;\nBoard means the board established as the governing body of the Commission under Part 2 Division 3;\nCE 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;\nChief 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;\nChief 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;\nChief 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;\nCommission means the South Australian Fire and Emergency Services Commission established under Part 2 Division 1;\ncouncil means a council constituted under the Local Government Act 1999;\ncountry means any part of the State outside an SAMFS fire district;\ndepartment 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;\ndesignated urban bushfire risk area means an area of urban bushfire risk designated under section 4A;\ndomestic 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;\nemergency means an event (whether occurring in the State, outside the State or in and outside the State) that causes, or threatens to cause—\n\t(a)\tthe death of, or injury or other damage to the health of, any person; or\n\t(b)\tthe destruction of, or damage to, any property; or\n\t(c)\ta disruption to essential services or to services usually enjoyed by the community; or\n\t(d)\tharm to the environment, or to flora or fauna;\nemergency services organisation means—\n\t(a)\tSAMFS; or\n\t(b)\tSACFS; or\n\t(c)\tSASES;\nemergency services sector comprises—\n\t(a)\tthe Commission; and\n\t(b)\tSAMFS; and\n\t(c)\tSACFS; and\n\t(d)\tSASES;\nex officio member of the Board means a member of the Board who holds office ex officio under section 12(1);\nfire control officer means a fire control officer appointed by the Chief Officer of SACFS under section 103;\nfire 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;\nfire district means a fire district established under section 4 for the purposes of the operations of SAMFS;\nfirefighter includes a control room operator;\nfire-fighting means any activity directed towards—\n\t(a)\tpreventing, controlling or extinguishing fires;\n\t(b)\tdealing with other emergencies that require SAMFS or SACFS to act to protect life, property or the environment;\nfire prevention officer means a fire prevention officer appointed by a council under Part 4A Division 2;\nforest reserve means a forest reserve under the Forestry Act 1950;\nindustrial agreement means—\n\t(a)\tan enterprise agreement in force under the Fair Work Act 1994; or\n\t(b)\ta certified agreement or an Australian workplace agreement in force under the Workplace Relations Act 1996 of the Commonwealth as amended from time to time;\nindustry brigade means a brigade registered under Part 4 Division 5A;\nland means, according to the context—\n\t(a)\tland as a physical entity, including any building or structure on, or improvement to, land;\n\t(b)\ta legal estate or interest in, or right in respect of, land;\nLGA means the Local Government Association of South Australia;\nmisconduct, 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;\nofficer of an emergency services organisation means a person who is designated as an officer of that organisation by the Chief Officer of the organisation;\nowner—\n\t(a)\tin relation to land alienated from the Crown in fee simple—means the owner of an estate in fee simple in the land;\n\t(b)\tin relation to land held from the Crown by lease, licence or agreement to purchase—means the lessee, licensee or purchaser,\nand includes the occupier;\nprivate land means—\n\t(a)\tland alienated from the Crown in fee simple; or\n\t(b)\tland held from the Crown by lease, licence or agreement to purchase,\nother than land under the care, control or management of a council or a Minister, agency or instrumentality of the Crown;\npublic sector agency means a public sector agency under the Public Sector Act 2009;\nrelative, 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;\nrescue means the safe removal of persons or animals from actual or threatened danger of physical harm;\nrural council means a council whose area lies wholly or partially outside a fire district;\nSACFS means the South Australian Country Fire Service under Part 4;\nSACFS brigade means a brigade established under section 68;\nSACFS organisation means—\n\t(a)\tan SACFS brigade; or\n\t(b)\tan SACFS group;\nSACFS region means a region established under Part 4 Division 4;\nSAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014;\nSAMFS means the South Australian Metropolitan Fire Service under Part 3;\nSASES means the South Australian State Emergency Service under Part 5;\nSASES unit means an SASES unit established under Part 5 Division 4;\nspouse—a person is the spouse of another if they are legally married;\nUFU means—\n\t(a)\tthe United Firefighters' Union of South Australia Incorporated; and\n\t(b)\tthe United Firefighters' Union of Australia (South Australian Branch);\nvehicle includes an aircraft or vessel.\n\t(1a)\tA reference in this or any other Act to—\n\t(a)\tan 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\n\t(b)\ta member of SACFS includes a reference to a member of an industry brigade.\n\t(1b)\tTo 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.\n\t(2)\tFor the purposes of this Act, bushfire prevention relates to any reasonable action that may be taken in the country areas of the State—\n\t(a)\tto reduce or eliminate the risk of outbreak of bushfires; or\n\t(b)\tto prevent or inhibit—\n\t(i)\tthe spread of any bushfire; or\n\t(ii)\tany increase in the intensity or seriousness of any bushfire; or\n\t(c)\tto mitigate the effect of any bushfire.\n\t(3)\tSACFS, the State Bushfire Coordination Committee and each bushfire management committee must, in the exercise and performance of powers and functions under this Act—\n\t(a)\thave due regard to the impact of their actions on the environment; and\n\t(b)\tseek to achieve a proper balance between bushfire prevention and proper land management in the country.\n\t(4)\tFor the purposes of this Act, a person is an associate of another person if—\n\t(a)\tthe other person is a relative of the person or of the person's spouse or domestic partner; or\n\t(b)\tthe other person—\n\t(i)\tis a body corporate; and\n\t(ii)\tthe 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\n\t(c)\tthe 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\n\t(d)\tthe person is declared by the regulations to be an associate of the other person.\n\t(5)\tTo avoid doubt, a person cannot, at any particular time, be the Chief Officer of more than 1 emergency services organisation.\n4—Establishment of areas for fire and emergency services\n\t(1)\tThe Commission may, by notice in the Gazette, establish a fire district or fire districts for the purposes of the operations of SAMFS.\n\t(2)\tThe Commission may, by notice in the Gazette—\n\t(a)\tvary the boundaries of a fire district;\n\t(b)\tabolish a fire district.\n\t(3)\tThose 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.\n\t(4)\tIn addition—\n\t(a)\tSAMFS 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\n\t(b)\tSAMFS and SACFS operations include acting in relation to any vessel.\n\t(5)\tSASES may act in any part of the State (subject to any other provision made by this Act).\n\t(6)\tBefore a notice is published under subsection (1) or (2), the Commission must consult with—\n\t(b)\tthe Chief Officer of SACFS.\n4A—Areas of urban bushfire risk\n\t(1)\tThe 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).\n\t(2)\tThe Commission may, by notice in the Gazette—\n\t(a)\tvary an area designated under subsection (1); or\n\t(b)\trevoke the designation of an area under subsection (1).\n\t(3)\tBefore a notice is published under subsection (1) or (2), the Commission must consult with—\n\t(b)\tthe Chief Officer of SACFS; and\n\t(c)\tany Minister designated by the Minister under this Act as being a Minister who has a significant interest in the matter; and\n\t(d)\tany council whose area would be, or is, within the designated urban bushfire risk area.\n\t(4)\tThe period for consultation with a council will be 6 weeks, or such longer period as the Commission considers reasonable in the circumstances.\n5—Application of Act\n\t(1)\tThis Act is in addition to and does not limit, or derogate from, the provisions of any other Act.\n\t(2)\tThis 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).\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"South Australian Fire and Emergency Services Commission","content":"Part 2—South Australian Fire and Emergency Services Commission\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of Commission","content":"Division 1—Establishment of Commission\n6—Establishment of Commission\n\t(1)\tThe South Australian Fire and Emergency Services Commission is established.\n\t(2)\tThe Commission—\n\t(3)\tThe Commission is an agency of the Crown and holds its property on behalf of the Crown.\n7—Ministerial control\n\t(1)\tThe Commission is subject to the control and direction of the Minister.\n\t(2)\tA direction given to the Commission under this section must be in writing.\n\t(3)\tThe 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.\n\t(4)\tIf 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.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Functions and powers of Commission","content":"Division 2—Functions and powers of Commission\n8—Functions and powers\n\t(1)\tThe Commission has the following functions:\n\t(a)\tto develop and maintain a strategic and policy framework across the emergency services sector;\n\t(b)\tto develop and implement a framework of sound corporate governance across the emergency services sector;\n\t(c)\tto ensure that appropriate strategic, administrative and other support services are provided to the emergency services organisations;\n\t(d)\tto ensure that appropriate strategic and business plans are developed, maintained and implemented across the emergency services sector;\n\t(e)\tto provide for the effective allocation of resources within the emergency services sector;\n\t(ea)\tto ensure that the emergency services organisations have appropriate financial and asset management plans in place;\n\t(f)\tto ensure that the emergency services organisations have appropriate systems and practices in place—\n\t(i)\tto provide for effective management and planning; and\n\t(ii)\tto monitor management performance against plans and targets, and to take corrective action as necessary;\n\t(g)\tto ensure that the emergency services organisations maintain appropriate risk-management systems and practices;\n\t(h)\tto 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;\n\t(i)\tto ensure that the emergency services organisations meet their statutory responsibilities and comply with the provisions of this or any other relevant Act;\n\t(j)\tto ensure the observance of high ethical standards within the emergency services sector;\n\t(k)\tto foster and support career development opportunities for officers and staff within the emergency services sector;\n\t(l)\tto support and encourage voluntary participation in SACFS and SASES, and to foster and support personal development opportunities for members of the emergency services organisations;\n\t(m)\tto 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\t(n)\tto ensure that there is effective consultation with the community in relation to the operation of this Act;\n\t(o)\tto disseminate knowledge in the field of fire and emergency services in order to advance community safety;\n\t(p)\tto 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;\n\t(q)\tto provide regular reports to the Minister on the activities and performance of the emergency services sector;\n\t(r)\tto provide to the Minister reports or advice in relation to the operation of this Act or the provision of emergency services under this Act;\n\t(s)\tto perform any other function assigned to the Commission by or under this or any other Act.\n\t(2)\tThe 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.\n\t(3)\tThe Commission must prepare a charter relating to its functions and operations.\n\t(4)\tThe Commission must provide a copy of the charter to the Minister and ensure that it is publicly available.\n9—Directions\n\t(1)\tSubject to subsection (2), the Commission may, in performing its functions, give directions to SAMFS, SACFS or SASES.\n\t(2)\tThe 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.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Constitution of board","content":"Division 3—Constitution of board\n10—Establishment of Board\n\t(1)\tThe Commission is administered by a board established as the governing body of the Commission under this Division.\n\t(1a)\tIn acting under subsection (1), the Board is responsible for—\n\t(a)\testablishing the strategic direction of the Commission; and\n\t(b)\tensuring that the functions of the Commission are effectively exercised in accordance with this or any other Act; and\n\t(c)\tdeveloping an annual budget for the Commission and monitoring results against the Commission's budget on a regular basis; and\n\t(d)\tmonitoring and assessing the performance and outcomes of the Commission against its statutory, strategic and other responsibilities, goals and objectives.\n\t(2)\tAn 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.\n11—Constitution of Board\n\t(1)\tThe Board consists of the following members:\n\t(a)\tthe presiding member, being a member appointed by the Governor who is not an officer, member or employee of an emergency services organisation; and\n\t(ab)\tthe person for the time being holding the position of Chief Executive of the Commission under Division 4; and\n\t(b)\tthe Chief Officer of SAMFS; and\n\t(c)\tthe Chief Officer of SACFS; and\n\t(d)\tthe Chief Officer of SASES; and\n\t(e)\t5 members appointed by the Governor of whom—\n\t(i)\t1 must be a person appointed on the nomination of the Country Fire Service Volunteers Association; and\n\t(ii)\t1 must be a person appointed on the nomination of S.A.S.E.S. Volunteers Association Incorporated; and\n\t(iia)\t1 must be a person appointed on the nomination of UFU; and\n\t(iii)\t2 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.\n\t(2)\tAt least 1 member of the Board must be a woman and at least 1 member must be a man.\n\t(3)\tThe 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.\n12—Terms and conditions of membership\n\t(1)\tA member of the Board, other than an appointed member, holds office ex officio.\n\t(2)\tAn 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.\n\t(3)\tThe Governor may remove an appointed member of the Board from office—\n\t(a)\tfor breach of, or non-compliance with, a condition of appointment; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor being absent from 4 or more consecutive meetings of the Board without leave of the Board; or\n\t(d)\tfor failure or incapacity to carry out official duties satisfactorily.\n\t(4)\tThe office of an appointed member of the Board becomes vacant if the member—\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis removed from office under subsection (3).\n13—Vacancies or defects in appointment of members\n\t(1)\tAn 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.\n\t(2)\tOn 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.\n14—Proceedings\n\t(1)\tThe 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.\n\t(2)\t5 members of the Board constitute a quorum of the Board.\n\t(3)\tEach 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.\n\t(5)\tA 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—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Board for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA 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—\n\t(a)\tnotice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and\n\t(b)\ta 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.\n\t(7)\tThe Board must have accurate minutes kept of its meetings.\n\t(8)\tSubject to this Act, the Board may determine its own procedures.\n15—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA 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.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Chief Executive and staff","content":"Division 4—Chief Executive and staff\n16—Chief Executive\n\t(1)\tThe office of Chief Executive (CE) of the Commission is established.\n\t(2)\tThe CE—\n\t(a)\tunless otherwise determined by the Minister, must be a person with experience in the provision of fire or emergency services; and\n\t(b)\twill 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).\n\t(3)\tThe CE is responsible for—\n\t(a)\tmanaging the staff and resources of the Commission; and\n\t(b)\tgiving effect to the policies and decisions of the Board; and\n\t(c)\tundertaking other executive management roles associated with the activities of the Commission; and\n\t(d)\tperforming other functions assigned to the CE by the Board.\n\t(4)\tThe 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).\n\t(5)\tA 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).\n17—Staff\n\t(1)\tThe staff of the Commission will comprise—\n\t(a)\tpersons 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);\n\t(b)\tpersons employed in a public sector agency and made available to assist the Commission.\n\t(2)\tThe Commission is responsible for any costs or expenses associated with the employment of a person under subsection (1)(a).\n17A—Workforce plans\nFor the purposes of appointments to the staff of the Commission under this Division—\n\t(a)\tthe CE of the Commission must, at least once in every year, submit a workforce plan for approval by the Commission; and\n\t(b)\tthe 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\n\t(c)\tthe CE of the Commission must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission.\n","sortOrder":5},{"sectionNumber":"Div 5","sectionType":"division","heading":"Committees","content":"Division 5—Committees\n19—Committees\n\t(1)\tThe Commission must establish a committee to provide advice to the Commission in respect of—\n\t(a)\tmatters related to the employees of emergency services organisations; and\n\t(b)\tmatters related to volunteers with emergency services organisations; and\n\t(c)\tother matters referred to the committee by the Commission,\nand may establish any other committees (including advisory committees) that the Commission thinks fit.\n\t(2)\tSubject to any direction of the Minister, the membership of a committee will be determined by the Commission.\n\t(3)\tA committee may, but need not, consist of, or include, members of the Board.\n\t(4)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas prescribed by the regulations;\n\t(b)\tinsofar as the procedure is not determined under paragraph (a)—as determined by the Commission;\n\t(c)\tinsofar as the procedure is not determined under paragraph (a) or (b)—as determined by the relevant committee.\n","sortOrder":6},{"sectionNumber":"Div 6","sectionType":"division","heading":"Delegation","content":"Division 6—Delegation\n20—Delegation\n\t(1)\tThe Commission may delegate a power or function under this or any other Act—\n\t(a)\tto a member of the Board; or\n\t(b)\tto a committee established by the Commission; or\n\t(c)\tto a person for the time being holding or acting in a particular office or position; or\n\t(d)\tto any other person or body.\n\t(c)\tdoes not derogate from the ability of the Commission to act in any matter; and\n\t(d)\tis revocable at will by the Commission.\n\t(3)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n","sortOrder":7},{"sectionNumber":"Div 7","sectionType":"division","heading":"Accounts, audits and reports","content":"Division 7—Accounts, audits and reports\n21—Accounts and audit\n\t(1)\tThe Commission must—\n\t(a)\tkeep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year; and\n\t(b)\tcause consolidated statements of account for the emergency services sector to be prepared in respect of each financial year.\n\t(2)\tThe 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.\n22—Annual reports\n\t(1)\tThe 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).\n\t(a)\tincorporate the information contained in the annual reports of the emergency services organisations for the relevant financial year; and\n\t(b)\tinclude the audited statements of account required under this Division; and\n\t(c)\tinclude any other information that would be required if the Commission were reporting under the Public Sector Act 2009; and\n\t(d)\tcomply with any other requirements prescribed by or under this Act or the regulations.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n","sortOrder":8},{"sectionNumber":"Div 8","sectionType":"division","heading":"Common seal and execution of documents","content":"Division 8—Common seal and execution of documents\n23—Common seal and execution of documents\n\t(1)\tThe 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.\n\t(2)\tThe 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.\n\t(3)\tWithout 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.\n\t(4)\tA document is duly executed by the Commission if—\n\t(a)\tthe common seal of the Commission is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Commission by a person or persons in accordance with an authority conferred under this section.\n\t(5)\tIf 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.\n","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"The South Australian Metropolitan Fire Service","content":"Part 3—The South Australian Metropolitan Fire Service\n24—Continuation of service\n\t(1)\tThe South Australian Metropolitan Fire Service (SAMFS) continues in existence.\n\t(2)\tSAMFS—\n\t(3)\tSAMFS is an agency of the Crown and holds its property on behalf of the Crown.\n25—Constitution of SAMFS\n\t(1)\tSAMFS consists of—\n\t(b)\tall other officers and firefighters of SAMFS; and\n\t(c)\tall other employees of SAMFS.\n\t(2)\tThe 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).\n\t(3)\tAn 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.\n26—Functions and powers\n\t(1)\tSAMFS has the following functions:\n\t(a)\tto provide services with a view to preventing the outbreak of fires, or reducing the impact of fires, in any fire district;\n\t(b)\tto provide efficient and responsive services in any fire district for the purpose of fighting fires, dealing with other emergencies or undertaking any rescue;\n\t(c)\tto protect life, property and environmental assets from fire or other emergencies in any fire district;\n\t(d)\tto develop and maintain plans to cope with the effects of fires or emergencies in any fire district;\n\t(e)\tto provide services or support to assist with recovery in the event of a fire or other emergency in a fire district;\n\t(f)\tto perform any other function assigned to SAMFS by or under this or any other Act.\n\t(2)\tSAMFS 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.\n\t(3)\tSAMFS may, for example—\n\t(c)\tprovide and maintain appliances and equipment for fire stations and fire brigades;\n\t(d)\testablish, maintain or monitor alarm systems;\n\t(e)\tmake representations and provide advice relating to fire safety or fire prevention;\n\t(f)\tpublish or disseminate information;\n\t(g)\trecord, possess or use moving or still images for the purposes of its operations and activities, including for training purposes.\n27—Chief Officer\n\t(1)\tThe 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).\n\t(2)\tThe Chief Officer will be appointed by the Minister after taking into account the recommendation of the CE of the Commission.\n\t(3)\tThe Chief Officer will be appointed on terms and conditions determined by the Minister after consultation with the Commissioner for Public Sector Employment.\n\t(4)\tIn 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—\n\t(a)\tcontrol all resources of SAMFS; and\n\t(b)\tmanage the staff of SAMFS and give directions to its members; and\n\t(c)\tassume control of any SAMFS operations; and\n\t(d)\tperform 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.\n28—Deputy Chief Officer and Assistant Chief Officers\n\t(1)\tThe 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).\n\t(2)\tThe 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.\n\t(3)\tThe 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)).\n29—Other officers and firefighters\n\t(1)\tSAMFS will have such other officers and firefighters as the Chief Officer thinks fit to appoint.\n\t(2)\tThe following procedures will apply in relation to appointments under this section:\n\t(a)\tif the Chief Officer wishes to appoint a person to a position under this section, the Chief Officer must first nominate that person for appointment;\n\t(b)\tthe 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;\n\t(c)\tan 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;\n\t(d)\tthe 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;\n\t(e)\tin relation to a review instituted under paragraph (c)—\n\t(i)\tSAET will, if the President of SAET so determines, sit with supplementary panel members selected in accordance with Schedule 1; and\n\t(ii)\tan 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\n\t(iii)\tthe 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\n\t(iv)\tSAET 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\n\t(v)\tin 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\n\t(vi)\tSAET may, in connection with the proceedings, award costs against SAMFS but may not award costs against an applicant.\n\t(3)\tFor 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.\n\t(4)\tSubsection (2) does not apply in relation to the appointment of a person to the lowest rank in SAMFS.\n\t(5)\tAn 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).\n\t(6)\tNothing 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.\n30—Employees\n\t(1)\tThe Chief Officer may appoint other persons as employees of SAMFS (on the basis that the Chief Officer (and any successor) is the employer).\n\t(2)\tAn 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).\n31—Staff\n\t(1)\tThe staff of SAMFS will comprise all officers, firefighters and other employees of SAMFS.\n\t(2)\tA member of the staff of SAMFS must comply with a direction of—\n\t(3)\tIn addition, SAMFS may make use of the services of persons employed in any public sector agency made available to assist SAMFS.\n\t(4)\tSAMFS is responsible for any costs or expenses associated with the employment of a member of the staff of SAMFS.\n32—Workforce plans\nFor the purposes of appointments to the staff of SAMFS under this Division—\n\t(b)\tthe 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\n\t(c)\tthe Chief Officer must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission.\n33—Delegation\n\t(1)\tThe Chief Officer may delegate a power or function of the Chief Officer or SAMFS under this or any other Act—\n\t(a)\tto a member of the staff of SAMFS or to a person made available to assist SAMFS; or\n\t(b)\tto a committee established under this Act; or\n\t(c)\tto a person for the time being holding or acting in a particular office or position; or\n\t(d)\tto any other person or body.\n\t(3)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\nDivision 4—Fire brigades\n34—Fire brigades\n\t(1)\tThe Chief Officer may establish a fire brigade within any fire district.\n\t(2)\tA fire brigade established under this section will be under the command of—\n\t(b)\ta commanding officer who is responsible to the Chief Officer for the discipline and control of the fire brigade.\n\t(3)\tThe Chief Officer may inspect any fire brigade established under this section at any time.\nDivision 5—Fire and emergency safeguards\n35—Interpretation and application\n\t(1)\tIn this Division—\nauthorised officer means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this Division;\nemergency 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;\noccupier in respect of a public building, includes any person apparently in charge of, or having the control and management of, the building;\npublic building includes any structure or place (whether permanent or temporary or fixed or moveable) that is enclosed or partly enclosed—\n\t(a)\tto 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\n\t(b)\tin which persons work under a contract of service.\n\t(2)\tThis Division applies only to a building, vehicle or place in a fire district.\n36—Power to enter and inspect a public building\n\t(1)\tThe 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.\n\t(2)\tThe Chief Officer or authorised officer—\n\t(a)\tmay exercise the powers conferred by subsection (1) at any reasonable time including any time when the building is open to the public; and\n\t(b)\tmay, 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.\n37—Rectification where safeguards inadequate\n\t(1)\tIf, 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—\n\t(a)\tobstruction, closing or locking of an aisle, corridor, door, gangway, lobby, passage, exit, escape or any other means of egress from the building; or\n\t(b)\tovercrowding of the building; or\n\t(c)\tnon-compliance with the requirements of this or any other Act,\nhe or she may do 1 or more of the following:\n\t(d)\tusing 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);\n\t(e)\tin the event of overcrowding, cause persons to be removed from the building;\n\t(f)\torder the occupier to take specified action to rectify the situation within a specified period.\n\t(2)\tA rectification order may be given orally or by notice in writing served on the occupier of the building.\n\t(3)\tIf 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.\n\t(4)\tIf 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.\n\t(5)\tIf 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.\n38—Closure orders\n\t(1)\tIf, 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—\n\t(a)\tmay issue a closure order requiring the occupier of the building to close the building immediately; or\n\t(b)\tmay, 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).\n\t(2)\tA closure order under subsection (1)(a)—\n\t(a)\tmay be given orally or by notice in writing served on the occupier of the building; and\n\t(b)\tceases 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).\n\t(2a)\tAn order given to people present in the building under subsection (1)(b)—\n\t(a)\tmay be given by affixing a written notice containing the order in a prominent place near the main entrance to the building; and\n\t(b)\tceases 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).\n\t(3)\tIf 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.\n\t(4)\tIf 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)).\n\t(5)\tThe written notice containing a closure order—\n\t(a)\tmust describe the danger that, in the opinion of the Chief Officer or authorised officer, necessitates closure of the building; and\n\t(b)\tceases 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).\n\t(6)\tIf 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.\n\t(7)\tWhen 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)).\n\t(8)\tIf 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.\n\t(9)\tThe Magistrates Court may, on an application made under subsection (8)—\n\t(a)\tgrant the order, subject to such conditions as the Court sees fit to impose; or\n\t(b)\trefuse to grant the order,\nand make such other orders as it thinks fit.\n\t(10)\tIf 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.\n\t(11)\tThe 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.\n\t(12)\tThe 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.\n39—Powers in relation to places at which danger of fire may exist\n\t(1)\tThe 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.\n\t(2)\tIf 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—\n\t(a)\ttake action himself or herself to alleviate the danger;\n\t(b)\torder 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.\n\t(3)\tAn 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.\n\t(4)\tIf 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.\n40—Related matters\n\t(1)\tThe 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.\n\t(2)\tA person must not fail to comply with—\n\t(a)\tan order given by the Chief Officer or an authorised officer under this Division; or\n\t(b)\tan order of the Magistrates Court under this Division.\nDivision 6—Powers and duties relating to fires and emergencies\n41—Exercise of control at scene of fire or other emergency\n\t(a)\tthe situation—\n\t(i)\tinvolves or arises from—\n\t(A)\ta fire or a situation that involves imminent danger of fire; or\n\t(B)\tthe escape of any hazardous material or a situation that involves imminent danger of such an escape,\nthat occurs—\n\t(C)\tin a fire district; or\n\t(D)\ton a vessel; or\n\t(E)\tin the country in a situation where no member of SACFS has assumed control under Part 4; or\n\t(ii)\tinvolves 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\n\t(b)\tan SAMFS brigade has attended,\nthen 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).\n\t(a)\tderogates from the powers of the Chief Officer of SAMFS to assume control of any operations; or\n\t(b)\tprevents a member of SAMFS who has taken control of any operations surrendering control of those operations to any other person or body; or\n\t(c)\tprevents another person or body with lawful authority to do so assuming control at the scene of any emergency.\n42—Powers\n\t(1)\tAn 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).\n\t(2)\tWithout 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)—\n\t(a)\tenter and, if necessary, break into any land, building, structure or vehicle (using such force as is necessary);\n\t(b)\ttake possession of, protect or assume control over any land, body of water, building, structure, vehicle or other thing;\n\t(c)\tremove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing;\n\t(d)\tdirect 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;\n\t(e)\tremove, 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;\n\t(g)\tremove 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;\n\t(h)\tcause 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;\n\t(iii)\tto contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or\n\t(iv)\tto shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device;\n\t(j)\ttake and use water or any other fire extinguishing material from any place;\n\t(k)\tshut off, or cut off, the supply of water or any drainage facility;\n\t(l)\tmake use of the gratuitous services of any person;\n\t(m)\tdirect, insofar as may be reasonably necessary in the circumstances, any person to assist in the exercise of any power under this section;\n\t(n)\tcause another fire to be lit (despite any other provision of this Act);\n\t(o)\texercise any prescribed power.\n\t(3)\tIn the absence of an officer, the powers of an officer under subsection (1) or (2) may be exercised by a firefighter.\n\t(4)\tA 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).\n\t(4a)\tA member of SAMFS must, before taking any prescribed action with respect to prescribed land, or property on prescribed land—\n\t(a)\tconsult 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\n\t(b)\tif 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.\n\t(4b)\tThe 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.\n\t(5)\tIf 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.\n\t(5a)\tThe 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.\n\t(6)\tIn 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.\n\t(6a)\tIn this section—\ngovernment reserve means—\n\t(a)\ta forest reserve; or\n\t(b)\ta reserve administered under the National Parks and Wildlife Act 1972; or\n\t(c)\tany other land of a kind brought within the ambit of this definition by the regulations;\nprescribed 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;\nprescribed land means—\n\t(a)\ta government reserve; or\n\t(b)\tany other land of a kind brought within the ambit of this definition by the regulations.\n\t(7)\tThis section operates subject to the provisions of the Emergency Management Act 2004.\n43—Provision of water\n\t(1)\tA 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.\nwater authority means a body brought within the ambit of this definition by the regulations.\n44—Supply of gas or electricity\nA 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).\nDivision 7—Discipline\n","sortOrder":10},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"The Disciplinary Committee","content":"Subdivision 1—The Disciplinary Committee\n45—The South Australian Metropolitan Fire Service Disciplinary Committee\n\t(1)\tThe South Australian Metropolitan Fire Service Disciplinary Committee continues in existence.\n\t(2)\tThe Committee will consist of the following members appointed by the Governor:\n\t(a)\ta 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;\n\t(b)\tan officer appointed on the nomination of the Chief Officer of SAMFS;\n\t(c)\tan officer appointed on the nomination of UFU;\n\t(d)\ta firefighter appointed on the nomination of UFU.\n\t(3)\tThe Minister must consult the Chief Officer and UFU before nominating the presiding officer.\n\t(4)\tFor the purpose of hearing a complaint against a member of SAMFS the Committee will be constituted of—\n\t(a)\tthe presiding member; and\n\t(b)\tthe member nominated by the Chief Officer; and\n\t(c)\t—\n\t(i)\tif the person whose conduct is the subject of the complaint is an officer—the officer nominated by UFU; or\n\t(ii)\tif the person whose conduct is the subject of the complaint is a firefighter—the firefighter nominated by UFU.\n\t(5)\tA question arising before the Committee will be determined in accordance with the opinion of a majority of the members constituting the Committee.\n\t(6)\tA 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.\n\t(7)\tIf 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.\n\t(8)\tThe 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.\n\t(9)\tA member of the Committee shall be entitled to such remuneration, allowances and expenses as are determined by the Governor.\n","sortOrder":11},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Disciplinary proceedings","content":"Subdivision 2—Disciplinary proceedings\n46—Chief Officer may reprimand\nIf, 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.\n47—Proceedings before Disciplinary Committee\n\t(1)\tThe 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.\n\t(2)\tIf 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:\n\t(a)\tit may reprimand him or her;\n\t(b)\tit may reduce him or her in rank for a period determined by the Committee;\n\t(c)\tit may suspend him or her from office with, or without, pay;\n\t(d)\tit may dismiss him or her.\n48—Suspension pending hearing of complaint\n\t(1)\tThe Chief Officer may suspend from office an officer or firefighter against whom the Chief Officer has made a complaint to the Disciplinary Committee.\n\t(2)\tA 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.\n","sortOrder":12},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Appeals","content":"Subdivision 3—Appeals\n49—Review by SAET\n\t(1)\tAn 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.\n\t(2)\tIn connection with the operation of subsection (1)—\n\t(a)\tan application for review by SAET must be made within 14 days of the making of the decision referred to in subsection (1); and\n\t(b)\tthe Chief Officer is entitled to appear and be heard on a review; and\n\t(c)\tthe 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\n\t(d)\tthe 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\n\t(e)\tSAET may award costs against SAMFS but may not award costs against the applicant.\n51—Participation of supplementary panel members in reviews\nIn 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.\nDivision 8—Related matters\n52—Accounts and audit\n\t(1)\tSAMFS must keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe Auditor-General must audit the annual statements of account required under this section.\n53—Annual reports\n\t(1)\tSAMFS 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).\n\t(b)\tinclude any other information that would be required if SAMFS were reporting under the Public Sector Act 2009; and\n54—Common seal and execution of documents\n\t(a)\texecute a document on behalf of SAMFS; and\n\t(b)\taffix the common seal of SAMFS to a document.\n\t(2)\tThe 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.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of SAMFS.\n\t(4)\tA document is duly executed by SAMFS if—\n\t(a)\tthe common seal of SAMFS is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of SAMFS by a person or persons in accordance with any authority conferred under this section.\n\t(5)\tWhere 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.\n55—UFU\nThe associations comprising UFU are recognised as associations that represent the interests of career firefighters.\n","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"The South Australian Country Fire Service","content":"Part 4—The South Australian Country Fire Service\n57—Continuation of service\n\t(1)\tThe Country Fire Service continues in existence as the South Australian Country Fire Service (SACFS).\n\t(2)\tSACFS—\n\t(3)\tSACFS is an agency of the Crown and holds its property on behalf of the Crown.\n58—Constitution of SACFS\n\t(1)\tSACFS consists of—\n\t(a)\tthe Chief Officer of SACFS; and\n\t(b)\tall other officers of SACFS; and\n\t(c)\tall SACFS organisations and all members of SACFS organisations; and\n\t(d)\tall employees of SACFS.\n\t(2)\tThe 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).\n\t(3)\tAn 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.\n58A—Parliamentary recognition of SACFS Volunteer Charter\n\t(1)\tThe 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.\n\t(2)\tThe Parliament recognises that the SACFS Volunteer Charter—\n\t(a)\tis 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\n\t(b)\trequires 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\n\t(c)\trequires 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.\n\t(3)\tSACFS must, in performing its functions, have regard to the commitments and principles set out in the SACFS Volunteer Charter.\n\t(4)\tSACFS 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.\nSACFS 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.\n59—Functions and powers\n\t(1)\tSACFS has the following functions:\n\t(a)\tto provide services with a view to preventing the outbreak of fires, or reducing the impact of fires, in the country;\n\t(b)\tto provide efficient and responsive services in the country for the purpose of fighting fires, dealing with other emergencies or undertaking any rescue;\n\t(c)\tto protect life, property and environmental assets from fire and other emergencies occurring in the country;\n\t(d)\tto develop and maintain plans to cope with the effects of fires or emergencies in the country;\n\t(e)\tto provide services or support to assist with recovery in the event of a fire or other emergency in the country;\n\t(f)\tto perform any other function assigned to SACFS by or under this or any other Act.\n\t(2)\tSACFS 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.\n\t(3)\tSACFS may, for example—\n\t(c)\tprovide and maintain appliances and equipment for SACFS organisations;\n\t(d)\testablish, maintain or monitor alarm systems;\n\t(e)\tmake representations and provide advice relating to fire safety or fire prevention;\n\t(f)\tpublish or disseminate information;\n\t(g)\trecord, possess or use moving or still images for the purposes of its operations and activities, including for training purposes.\n60—Chief Officer\n\t(1)\tThe office of Chief Officer of SACFS is established (and a reference in this Part to the \"Chief Officer\" will be a reference to the Chief Officer of SACFS).\n\t(2)\tThe Chief Officer will be appointed by the Minister after taking into account the recommendation of the CE of the Commission.\n\t(3)\tThe Chief Officer will be appointed on terms and conditions determined by the Minister after consultation with the Commissioner for Public Sector Employment.\n\t(4)\tIn addition to the Chief Officer's responsibility for the management and administration of SACFS, the Chief Officer has ultimate responsibility for the operations of SACFS and may therefore—\n\t(a)\tcontrol all resources of SACFS; and\n\t(b)\tmanage the staff of SACFS and give directions to its members; and\n\t(c)\tassume control of any SACFS operations; and\n\t(d)\tperform 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 SACFS.\n61—Deputy Chief Officer and Assistant Chief Officers\n\t(1)\tThe 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).\n\t(2)\tThe 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.\n\t(3)\tThe 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)).\n62—Other officers\n\t(1)\tSACFS will have such other officers (other than officers who hold office as volunteer members of SACFS organisations) as the Chief Officer thinks fit to appoint (on the basis that the Chief Officer (and any successor) is the employer).\n\t(2)\tAn 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).\n\t(3)\tNothing 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.\n63—Employees\n\t(1)\tThe Chief Officer may appoint other persons as employees of SACFS (on the basis that the Chief Officer (and any successor) is the employer).\n\t(2)\tAn 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).\n64—Staff\n\t(1)\tThe staff of SACFS will comprise all officers (being officers appointed to the staff of SACFS rather than being volunteer members of SACFS organisations) and other employees of SACFS.\n\t(2)\tA member of the staff of SACFS must comply with a direction of—\n\t(3)\tIn addition, SACFS may make use of persons employed in any public sector agency made available to assist SACFS.\n\t(4)\tSACFS is responsible for any costs or expenses associated with the employment of a member of the staff of SACFS.\n65—Workforce plans\nFor the purposes of appointments to the staff of SACFS under this Division—\n\t(b)\tthe 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\n\t(c)\tthe Chief Officer must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission.\n66—Delegation\n\t(1)\tThe Chief Officer may delegate a power or function of the Chief Officer or SACFS under this or any other Act—\n\t(a)\tto a member of the staff of SACFS or to a person made available to assist SACFS; or\n\t(b)\tto a member of an SACFS organisation; or\n\t(c)\tto a committee established under this Act; or\n\t(d)\tto a person for the time being holding or acting in a particular office or position; or\n\t(e)\tto any other person or body.\n\t(3)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\nDivision 4—SACFS regions\n67—SACFS regions\nThe Chief Officer may, by notice in the Gazette—\n\t(a)\tdeclare any part of the country to be an SACFS region;\n\t(b)\tassign a name to any such region;\n\t(c)\tvary or revoke any such notice.\nDivision 5—Organisational structure\n68—Establishment of SACFS\n\t(1)\tThe Chief Officer may, by notice in the Gazette—\n\t(a)\testablish an SACFS brigade;\n\t(b)\testablish an SACFS group in relation to 2 or more brigades within a region.\n\t(2)\tAn SACFS organisation will have a constitution that accords with any requirements determined by the Chief Officer.\n\t(3)\tThe constitution of an SACFS organisation may be amended, with the approval of the Chief Officer, in the manner set out in the constitution.\n\t(4)\tAn SACFS organisation—\n\t(a)\thas the functions and powers prescribed by this Act or the regulations or set out in its constitution; and\n\t(b)\thas such other functions or powers as may be assigned to it by the Chief Officer.\n\t(5)\tAn SACFS organisation must—\n\t(a)\tmaintain such records as may be prescribed, specified by its constitution, or required by the Chief Officer; and\n\t(b)\tfurnish to the Chief Officer, in a manner and form determined by the Chief Officer, any information required by the Chief Officer.\n\t(6)\tThe mutual relationship of SACFS organisations and their obligations to each other will, subject to this Act, be determined by the Chief Officer.\n\t(7)\tThe Chief Officer may, by notice in the Gazette, dissolve an SACFS organisation.\n\t(8)\tThe Chief Officer must, before determining to dissolve an SACFS organisation, undertake the consultation, and comply with any other requirement, prescribed by the regulations.\n69—Country Fire Service Volunteers Association\n\t(1)\tThe Country Fire Service Volunteers Association is recognised as an association that represents the interests of members of SACFS organisations.\n\t(2)\tThe association may take such steps as may be reasonably available to it to advance the interests of members of SACFS organisations.\n\t(3)\tThe association—\n\t(b)\thas full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.\n","sortOrder":14},{"sectionNumber":"Div 5A","sectionType":"division","heading":"Industry brigades","content":"Division 5A—Industry brigades\n69A—Preliminary\nIn this Division—\ndesignated area means an area of land designated by the Chief Officer in accordance with section 69B(1);\nDistrict Court means the Administrative and Disciplinary Division of the District Court;\nprescribed person means—\n\t(a)\tan owner of land in a designated area; or\n\t(b)\tan occupier of land in a designated area; or\n\t(c)\ta person who holds a right to harvest forest vegetation (within the meaning of the Forest Property Act 2000) in a designated area; or\n\t(d)\tany other person or body with an interest in a designated area;\nresponsible person—the responsible person for an industry brigade is—\n\t(a)\tif the Chief Officer designates a person as the responsible person under this paragraph—that person; or\n\t(b)\tif no designation is made under paragraph (a)—the prescribed person required to establish the industry brigade under section 69C.\n69B—Designated areas for industry brigades\n\t(1)\tThe Chief Officer may, in accordance with the regulations, by notice in the Gazette, designate an area of land that is not within a fire district as an area of land in relation to which the Chief Officer considers an industry brigade should be established.\n\t(2)\tThe Chief Officer may, by further notice in the Gazette, vary or revoke a notice under subsection (1).\n69C—Establishment of industry brigades\n\t(1)\tThe Chief Officer may, in accordance with the regulations, give a prescribed person a written notice relating to a designated area requiring the prescribed person, within a time specified in the notice—\n\t(a)\tto establish an industry brigade for the designated area; and\n\t(b)\tto apply to the Chief Officer for registration of the industry brigade; and\n\t(c)\tto—\n\t(i)\tappoint members of the industry brigade; and\n\t(ii)\tsupply such plant, equipment, apparatus and devices as are specified in the notice for use in the prevention or suppression of fires,\nin accordance with any requirements specified in the notice.\n\t(2)\tThe Chief Officer may, by written notice given to a prescribed person to whom a notice under this section has been given by the Chief Officer, vary or revoke the notice.\n\t(3)\tA prescribed person to whom a notice under this section has been given may, within 14 days after the notice was given to the person, appeal against the notice to the District Court.\n\t(4)\tIf a prescribed person to whom a notice under this section has been given fails to comply with the notice, the Chief Officer may—\n\t(a)\testablish an industry brigade for the designated area; and\n\t(b)\trecover the costs of supplying and maintaining the plant, equipment, apparatus and devices specified in the notice from the prescribed person as a debt due to SACFS.\n\t(5)\tThe costs incurred in complying with a notice under this section will be borne by the responsible person.\n69D—Registration of industry brigades\n\t(1)\tThe Chief Officer may register an industry brigade.\n\t(2)\tThe Chief Officer may designate a member of an industry brigade as an officer of the brigade.\n\t(3)\tThe Chief Officer may revoke the registration of an industry brigade by written notice to the responsible person if the Chief Officer is satisfied that there is no longer a need for the industry brigade.\n69E—Chief Officer may give directions\n\t(1)\tThe Chief Officer may give directions to the responsible person for an industry brigade relating to—\n\t(a)\tthe supply of members of the industry brigade; and\n\t(b)\tthe provision, operation, maintenance and inspection of any plant, equipment, apparatus or device of the industry brigade for use in the prevention or suppression of fires; and\n\t(c)\tthe responsibilities of the industry brigade in relation to fire prevention and suppression in the designated area, including directions—\n\t(i)\trequiring immediate reporting of a fire or other emergency; and\n\t(ii)\trequiring ongoing reporting of a fire or other emergency,\nin accordance with any procedures determined by the Chief Officer; and\n\t(d)\tthe requirements applying to the industry brigade in attending a fire; and\n\t(e)\tthe functions and duties of the industry brigade in relation to the prevention or mitigation of, or the means of dealing with, other emergencies; and\n\t(f)\tthe operations of the industry brigade, and any related organisational or administrative matters, including directions relating to the relationship between the industry brigade and SACFS organisations; and\n\t(g)\tthe training requirements that are appropriate for members of the industry brigade and the provision of reports on training provided; and\n\t(h)\tthe submission to the Chief Officer on an annual basis (before the commencement of the fire danger season) of a fire management plan; and\n\t(i)\tany other matter the Chief Officer thinks fit.\n\t(2)\tThe Chief Officer may give directions to a member of an industry brigade in connection with the member's performance of the member's functions and duties as a member of the industry brigade.\n\t(3)\tA person to whom a direction has been given under this section must not contravene or fail to comply with the direction.\n\t(a)\tif the offender is a body corporate—$75 000;\n\t(b)\tif the offender is a natural person—$20 000.\n69F—Exclusion of certain claims\nA person cannot claim compensation from the Crown or SACFS in respect of a notice, direction or requirement given under this Division, or on account of any act or omission undertaken or made in good faith in the exercise (or purported exercise) of a power under this Division.\nDivision 6—Command structure\n70—Command structure\n\t(1)\tThere will be the following officers:\n\t(a)\tfor each SACFS region there will be a regional officer;\n\t(b)\tfor each SACFS group there will be a group officer;\n\t(c)\tfor each SACFS brigade there will be a brigade captain.\n\t(2)\tA regional officer will be appointed by the Chief Officer.\n\t(3)\tA group officer will be elected, in accordance with procedures prescribed by the regulations, by representatives of the various SACFS brigades that make up the group.\n\t(4)\tA brigade captain will be elected, in accordance with procedures prescribed by the regulations, by the members of the brigade.\n\t(5)\tA person is not eligible to be elected as a group officer or brigade captain if he or she is an employee of SACFS.\n\t(6)\tSubject to subsection (7), there will be such other officers within the SACFS command structure as the regulations may prescribe or as the Chief Officer thinks fit to appoint.\n\t(7)\tThe Chief Officer, or the regulations, may provide for the election of persons to fill certain ranks in SACFS.\n\t(7a)\tThe regulations may make any provision with respect to the eligibility of employees of SACFS to be elected to an office.\n\t(8)\tAn election to a rank in SACFS cannot take effect until approved by the Chief Officer.\n\t(9)\tThe relative authority of each officer and member of SACFS will be in accordance with a command structure determined by the Chief Officer.\n\t(10)\tEach officer or member of SACFS must recognise the authority and obey the directions of an officer to whom that officer or member is subordinate.\n\t(11)\tThe Chief Officer may, on reasonable grounds—\n\t(a)\tdemote a person who holds a particular rank in SACFS;\n\t(b)\tdisqualify a person from holding a rank in SACFS;\n\t(c)\tdisqualify a person from membership of SACFS;\n\t(d)\texercise any other disciplinary power in accordance with the regulations.\n\t(12)\tBefore taking action against a person under subsection (11), the Chief Officer must give the person a reasonable opportunity to appear before the Chief Officer (either personally or through his or her representative) and to make submissions in relation to the proposed course of action.\n","sortOrder":15},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Fire and emergency safeguards","content":"Division 6A—Fire and emergency safeguards\n70A—Interpretation\n\t(1)\tIn this Division—\nauthorised officer means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this Division;\nemergency 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;\noccupier in respect of a public building, includes any person apparently in charge of, or having the control and management of, the building;\npublic building includes any structure or place (whether permanent or temporary or fixed or moveable) that is enclosed or partly enclosed—\n\t(a)\tto 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\n\t(b)\tin which persons work under a contract of service.\n\t(2)\tThis Division applies only to a building, vehicle or place in the country.\n70B—Power to enter and inspect a public building\n\t(1)\tThe 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.\n\t(2)\tThe Chief Officer or authorised officer—\n\t(a)\tmay exercise the powers conferred by subsection (1) at any reasonable time including any time when the building is open to the public; and\n\t(b)\tmay, 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.\n70C—Rectification where safeguards inadequate\n\t(1)\tIf, 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—\n\t(a)\tobstruction, closing or locking of an aisle, corridor, door, gangway, lobby, passage, exit, escape or any other means of egress from the building; or\n\t(b)\tovercrowding of the building; or\n\t(c)\tnoncompliance with the requirements of this or any other Act,\nthe Chief Officer or authorised officer may do 1 or more of the following:\n\t(d)\tusing 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);\n\t(e)\tin the event of overcrowding, cause persons to be removed from the building;\n\t(f)\torder the occupier to take specified action to rectify the situation within a specified period.\n\t(2)\tA rectification order may be given orally or by notice in writing served on the occupier of the building.\n\t(3)\tIf 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.\n\t(4)\tIf 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.\n\t(5)\tIf 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.\n70D—Closure orders etc\n\t(1)\tIf, 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—\n\t(a)\tmay issue a closure order requiring the occupier of the building to close the building immediately; or\n\t(b)\tmay, 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).\n\t(2)\tA closure order under subsection (1)(a)—\n\t(a)\tmay be given orally or by notice in writing served on the occupier of the building; and\n\t(b)\tceases 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).\n\t(3)\tAn order given to people present in the building under subsection (1)(b)—\n\t(a)\tmay be given by affixing a written notice containing the order in a prominent place near the main entrance to the building; and\n\t(b)\tceases 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).\n\t(4)\tIf 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.\n\t(5)\tIf 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 in accordance with subsection (1)(b)).\n\t(6)\tThe written notice containing a closure order—\n\t(a)\tmust describe the danger that, in the opinion of the Chief Officer or authorised officer, necessitates closure of the building; and\n\t(b)\tceases 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).\n\t(7)\tIf 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.\n\t(8)\tWhen the Chief Officer or authorised officer is satisfied that the danger has been alleviated, the Chief Officer or authorised officer may rescind the order (not being an order granted by the Magistrates Court under subsection (10)).\n\t(9)\tIf 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.\n\t(10)\tThe Magistrates Court may, on an application made under subsection (9)—\n\t(a)\tgrant the order, subject to such conditions as the Court sees fit to impose; or\n\t(b)\trefuse to grant the order,\nand make such other orders as it thinks fit.\n\t(11)\tIf an application is made under subsection (9) while a building is closed pursuant to this section, the closure of the building continues until the application is determined or withdrawn.\n\t(12)\tThe Chief Officer or authorised officer, or the occupier or owner of a building to which an order under subsection (10) applies, may apply to the Magistrates Court, at any time, for the order to be rescinded.\n\t(13)\tThe Magistrates Court may, on an application made under subsection (12), rescind or refuse to rescind the order to which that application relates and make such other orders as it thinks fit.\n70E—Powers in relation to places at which danger of fire may exist\n\t(1)\tThe 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 the Chief Officer or authorised officer 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.\n\t(2)\tIf 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—\n\t(a)\ttake action to alleviate the danger;\n\t(b)\torder 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.\n\t(3)\tAn 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.\n\t(4)\tIf 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.\n70F—Related matters\n\t(1)\tThe Chief Officer or an authorised officer may, when exercising powers conferred by this Division, be accompanied by 1 or more members of SACFS or police officers as the Chief Officer or authorised officer thinks fit.\n\t(2)\tA person must not fail to comply with—\n\t(a)\tan order given by the Chief Officer or an authorised officer under this Division; or\n\t(b)\tan order of the Magistrates Court under this Division.\nDivision 7—Fire prevention authorities—country areas and urban bushfire risk areas\nSubdivision 1—State Bushfire Coordination Committee\n71—State Bushfire Coordination Committee\n\t(1)\tThe State Bushfire Coordination Committee is established.\n\t(2)\tThe State Bushfire Coordination Committee consists of—\n\t(a)\tthe Chief Officer of SACFS (ex officio) (who will be the presiding member of the committee); and\n\t(b)\tthe following members, appointed by the Governor:\n\t(i1)\t1 person, not being from the emergency services sector;\n\t(i)\t1 officer of SAMFS, nominated by SAMFS;\n\t(ii)\t1 officer of SACFS (not being an officer who holds office as a volunteer member of SACFS), nominated by SACFS;\n\t(iii)\t1 volunteer member of SACFS, nominated by the Country Fire Service Volunteers Association;\n\t(iv)\t1 police officer, nominated by South Australia Police;\n\t(v)\t1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the National Parks and Wildlife Act 1972, nominated by the Chief Executive of that administrative unit;\n\t(vi)\t1 officer of the South Australian Forestry Corporation, nominated by the South Australian Forestry Corporation;\n\t(vii)\t1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the Highways Act 1926, nominated by the Chief Executive of that administrative unit;\n\t(viii)\t1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the Electricity Act 1996, nominated by the Chief Executive of that administrative unit;\n\t(ix)\t1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the Planning, Development and Infrastructure Act 2016 with experience in development in bushfire prone areas, nominated by the Chief Executive of that administrative unit;\n\t(ixa)\t1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the Landscape South Australia Act 2019, nominated by the Chief Executive of that administrative unit;\n\t(x)\t1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of primary industry in the State, nominated by the Chief Executive of that administrative unit;\n\t(xi)\t1 officer of the South Australian Water Corporation, nominated by the South Australian Water Corporation;\n\t(xii)\t1 person nominated by the Bureau of Meteorology;\n\t(xiii)\t1 person nominated by the LGA;\n\t(xiv)\t1 person nominated by the Native Vegetation Council;\n\t(xv)\t1 person nominated by the Outback Areas Community Development Trust;\n\t(xvii)\t1 person nominated by Primary Producers SA Incorporated;\n\t(xviii)\t1 person nominated by the Conservation Council of South Australia Incorporated.\n\t(3)\tEach member of the State Bushfire Coordination Committee must have experience in an area that is relevant to bushfire prevention or management.\n\t(4)\tAn appointed member of the State Bushfire Coordination Committee will be appointed for a term not exceeding 3 years and on such conditions as the Governor determines and, at the expiration of a term of appointment, is eligible for reappointment.\n\t(5)\tThe Governor may remove an appointed member from office—\n\t(a)\tfor a breach of, or non‑compliance with, a condition of appointment; or\n\t(b)\tfor mental or physical incapacity to carry out official duties satisfactorily; or\n\t(c)\tfor neglect of duty; or\n\t(d)\tfor misconduct.\n\t(6)\tThe office of an appointed member becomes vacant if the member—\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis removed from office under subsection (5).\n\t(7)\tOn the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.\n\t(8)\tThe Governor may appoint a suitable person to be a deputy of a member of the State Bushfire Coordination Committee.\n\t(9)\tEleven members constitute a quorum of the State Bushfire Coordination Committee.\n\t(10)\tThe State Bushfire Coordination Committee must comply with any requirement of the Minister relating to the conduct of its business but otherwise may determine its own procedures.\n71A—Functions of State Bushfire Coordination Committee\n\t(1)\tThe State Bushfire Coordination Committee has the following functions:\n\t(a)\tto advise the Minister on bushfire prevention in the country and in designated urban bushfire risk areas;\n\t(b)\tto advise the Minister on matters related to bushfire management;\n\t(c)\tas far as is reasonably practicable—to promote the State‑wide coordination and integration of policies, practices and strategies relating to bushfire management activities;\n\t(d)\tto provide guidance, direction and advice to bushfire management committees and to resolve any issues that may arise between 2 or more bushfire management committees;\n\t(e)\tto prepare, and to keep under review, the State Bushfire Management Plan and to keep under review the extent to which—\n\t(i)\tBushfire Management Area Plans; and\n\t(ii)\tpolicies, practices and strategies adopted or applied by bushfire management committees,\nare consistent with the State Bushfire Management Plan;\n\t(f)\tto oversee the implementation of the State Bushfire Management Plan and to report to the Minister on any failure or delay in relation to the implementation of the plan;\n\t(g)\tto prepare, or initiate the development of, other plans, policies, practices, codes of practice or strategies to promote effective bushfire management within the State;\n\t(h)\tto convene forums to discuss bushfire management issues, and to promote public awareness of the need to ensure proper bushfire management within the State;\n\t(i)\tat the request of the Minister, or on its own initiative, to provide a report on any matter relevant to bushfire management;\n\t(j)\tto carry out any other function assigned to the State Bushfire Coordination Committee under this or any other Act or by the Minister.\n\t(2)\tSACFS is responsible for providing an officer of SACFS to undertake the role of Executive Officer of the State Bushfire Coordination Committee.\n\t(3)\tThe State Bushfire Coordination Committee is, in the performance of its functions, subject to the general direction and control of the Minister (but the Minister cannot give a direction with respect to any advice or recommendation that the State Bushfire Coordination Committee might give or make or with respect to the contents of any report).\n71B—Power of delegation\n\t(1)\tThe State Bushfire Coordination Committee may delegate a function or power of the State Bushfire Coordination Committee under this or any other Act—\n\t(a)\tto a person for the time being performing particular duties or holding or acting in a particular office or position; or\n\t(b)\tto any other person or body.\n\t(c)\tdoes not derogate from the ability of the State Bushfire Coordination Committee to act in any matter; and\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n71C—Use of facilities\nThe State Bushfire Coordination Committee may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of—\n\t(a)\tSACFS; or\n\t(b)\tSAMFS; or\n\t(c)\ta council; or\n\t(d)\tanother public authority or entity.\n71D—Validity of acts\nAn act or proceeding of the State Bushfire Coordination Committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n71E—Annual reports\n\t(1)\tThe State Bushfire Coordination Committee must, on or before 31 August in each year, provide to the Minister a report on the activities of the State Bushfire Coordination Committee and each bushfire management committee during the preceding financial year (and need not provide a report under the Public Sector Act 2009).\n\t(2)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n71F—Specific reports\n\t(1)\tThe Minister or the Commission may, by written notice to the State Bushfire Coordination Committee, require the State Bushfire Coordination Committee to provide to the Minister or the Commission, within a period stated in the notice or at stated intervals, any report or reports relating to the performance, exercise or discharge of any aspect of its functions, powers or responsibilities, as the Minister or the Commission (as the case may be) thinks fit.\n\t(2)\tIf a requirement is imposed under subsection (1), the State Bushfire Coordination Committee must cause a statement of the fact of the imposition of the requirement to be published in its next annual report.\nSubdivision 2—Bushfire management committees\n72—Establishment of bushfire management areas\n\t(1)\tThe Governor may, by proclamation made on the recommendation of the State Bushfire Coordination Committee, divide the State into bushfire management areas.\n\t(2)\tThe State Bushfire Coordination Committee must, in formulating a recommendation for the purposes of subsection (1)—\n\t(a)\tgive attention to the nature and form of the natural environment; and\n\t(b)\ttake into account local government boundaries or areas and landscape management regions.\n\t(3)\tThe Governor may, by subsequent proclamation made on the recommendation of the State Bushfire Coordination Committee—\n\t(a)\tvary the boundaries of any bushfire management area;\n\t(b)\tabolish a bushfire management area (on the basis that a new division is to occur).\n72A—Establishment of bushfire management committees\n\t(1)\tThe State Bushfire Coordination Committee must establish a bushfire management committee for each bushfire management area.\n\t(2)\tThe composition of a bushfire management committee will be determined by the State Bushfire Coordination Committee after consultation with the Minister (and the State Coordination Bushfire Committee will then make appointments to the committee).\n\t(3)\tA member of a bushfire management committee will be appointed for a term determined by the State Bushfire Coordination Committee on conditions approved by the Minister and, at the expiration of a term of appointment, is eligible for reappointment.\n\t(4)\tThe State Bushfire Coordination Committee may remove a member of a bushfire management committee from office for any reasonable cause.\n\t(5)\tThe office of a member of a bushfire management committee becomes vacant if the member—\n\t(c)\tresigns by written notice to the State Bushfire Coordination Committee; or\n\t(d)\tis removed from office under subsection (4).\n\t(6)\tOn the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office.\n\t(7)\tThe State Bushfire Coordination Committee may appoint a suitable person to be a deputy of a member of a bushfire management committee.\n\t(8)\tThe State Bushfire Coordination Committee will determine the quorum of a bushfire management committee.\n\t(9)\tA bushfire management committee must comply with any requirement of the State Bushfire Coordination Committee relating to the conduct of its business but otherwise may determine its own procedures.\n72B—Functions of bushfire management committees\n\t(1)\tA bushfire management committee has the following functions:\n\t(a)\tto advise the State Bushfire Coordination Committee on bushfire prevention in its area;\n\t(b)\tto promote the coordination of policies, practices and strategies relating to bushfire management activities within its area;\n\t(c)\tto prepare, and to keep under review, a Bushfire Management Area Plan for its area, and to ensure that this plan is consistent with the State Bushfire Management Plan;\n\t(d)\tto oversee the implementation of its Bushfire Management Area Plan and to report to the State Bushfire Coordination Committee or, if it thinks fit, to the Minister, on any failure or delay in relation to the implementation of the plan;\n\t(e)\tto prepare, or initiate the development of, other plans, policies, practices or strategies to promote effective bushfire management within its area;\n\t(f)\tto convene local or regional forums to discuss issues associated with bushfire management within its area, and to work with local communities to promote and improve effective bushfire management;\n\t(g)\tat the request of the Minister or the State Bushfire Coordination Committee, or on its own initiative, to provide a report on any matter relevant to bushfire management within its area;\n\t(h)\tto carry out any other function assigned to the bushfire management committee under this or any other Act, by the Minister or by the State Bushfire Coordination Committee.\n\t(2)\tSACFS is responsible for providing an officer of SACFS to undertake the role of Executive Officer of a bushfire management committee.\n\t(3)\tA bushfire management committee is, in the performance of its functions, subject to the control and direction of the State Bushfire Coordination Committee.\n72C—Power of delegation\n\t(1)\tA bushfire management committee may delegate a function or power of the bushfire management committee under this or any other Act—\n\t(a)\tto a person for the time being performing particular duties or holding or acting in a particular office or position; or\n\t(b)\tto any other person or body.\n\t(c)\tdoes not derogate from the ability of the regional bushfire management committee to act in any matter; and\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n72D—Use of facilities\nA bushfire management committee may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of—\n\t(a)\tSACFS; or\n\t(b)\tSAMFS; or\n\t(c)\ta council; or\n\t(d)\tanother public authority or entity.\n72E—Validity of acts\nAn act or proceeding of a bushfire management committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n","sortOrder":16},{"sectionNumber":"Div 7A","sectionType":"division","heading":"Bushfire management plans","content":"Division 7A—Bushfire management plans\n73—State Bushfire Management Plan\n\t(1)\tThe State Bushfire Coordination Committee must prepare and maintain a plan to be called the State Bushfire Management Plan.\n\t(2)\tThe plan is to set out principles, policies and standards for bushfire management in the State from a high‑level or strategic perspective.\n\t(3)\tThe primary purpose of the plan is to identify major bushfire risks in the State and recommend appropriate action that will provide protection to life, property and the environment from the effects of bushfires.\n\t(4)\tWithout limiting subsection (2), the plan must—\n\t(a)\tset out principles to be applied in achieving appropriate levels of hazard reduction for bushfire management; and\n\t(b)\toutline strategies to achieve the State‑wide coordination and integration of bushfire management activities; and\n\t(c)\tset standards or requirements that must be applied or observed in the preparation and implementation of Bushfire Management Area Plans; and\n\t(d)\tinclude or address other matters prescribed by the regulations or specified by the Minister after consultation with the Chief Officer of SACFS.\n\t(5)\tThe State Bushfire Coordination Committee must review the plan at least once in every 4 years.\n\t(6)\tSubject to subsection (7), the State Bushfire Coordination Committee may amend the plan at any time.\n\t(7)\tThe State Bushfire Coordination Committee must, in relation to any proposal to create or amend the plan—\n\t(a)\tprepare a draft of the proposal; and\n\t(b)\ttake reasonable steps to consult with—\n\t(i)\tthe Chief Officer of SACFS; and\n\t(ii)\tthe Chief Officer of SAMFS; and\n\t(iii)\ta public sector agency (within the meaning of the Public Sector Act 2009) designated by the Minister from time to time for the purposes of this subsection; and\n\t(iv)\tthe LGA; and\n\t(v)\tthe Minister responsible for the administration of the Landscape South Australia Act 2019; and\n\t(vi)\tPrimary Producers SA Incorporated; and\n\t(vii)\tthe Conservation Council of South Australia Incorporated; and\n\t(viii)\tany other person or body, or person or body of a class, prescribed by the regulations for the purposes of this subsection,\nin relation to the proposal; and\n\t(c)\tby public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the State Bushfire Coordination Committee.\n\t(8)\tSubsection (7) does not apply in relation to an amendment that is being made—\n\t(a)\tin order to ensure that the plan is consistent with any plan, policy or strategy—\n\t(i)\tthat has been prepared, adopted or applied under another Act; and\n\t(ii)\tthat falls within a class prescribed by the regulations for the purposes of this paragraph; or\n\t(b)\tin order to remove or replace information in the plan that has been superseded by information that is more reliable or up‑to‑date; or\n\t(c)\tin order to make a change in form; or\n\t(d)\tin any other prescribed circumstance.\n\t(9)\tThe plan, and any amendments to the plan, have no force or effect until approved by the Minister after consultation with the Chief Officer of SACFS and the Chief Officer of SAMFS.\n\t(10)\tThe plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).\n\t(11)\tA failure by the State Bushfire Coordination Committee to comply with a requirement of this section cannot be taken to affect the validity of the plan, or any other plan or instrument under this Act.\n73A—Bushfire Management Area Plans\n\t(1)\tEach bushfire management committee must prepare and maintain a Bushfire Management Area Plan for its area.\n\t(2)\tThe plan must set out a scheme for bushfire management within its area.\n\t(3)\tWithout limiting subsection (2), the plan must—\n\t(a)\tidentify existing or potential risks to people and communities within its area from bushfire; and\n\t(b)\toutline strategies to achieve appropriate hazard reduction associated with bushfire management within its area, especially through a coordinated and cooperative approach to bushfire prevention and mitigation; and\n\t(c)\tidentify action that should be taken by persons, agencies and authorities to achieve appropriate standards of bushfire management within its area; and\n\t(d)\twithout limiting paragraphs (b) and (c), establish or adopt principles and standards to guide or measure the successful implementation of bushfire management strategies and initiatives; and\n\t(e)\tinclude or address other matters prescribed by the regulations or specified by the State Bushfire Coordination Committee.\n\t(4)\tThe plan must be consistent with—\n\t(a)\tthe State Bushfire Management Plan; and\n\t(b)\tsuch other plans, policies or strategies as may be prescribed by the regulations for the purposes of this paragraph.\n\t(5)\tA bushfire management committee must review its plan—\n\t(a)\tat least once in every 4 years; or\n\t(b)\tat the direction of the State Bushfire Coordination Committee.\n\t(6)\tSubject to subsection (7), a bushfire management committee may amend its plan at any time.\n\t(7)\tA bushfire management committee must, in relation to a proposal to create or amend its plan—\n\t(a)\tprepare a draft of its proposal; and\n\t(b)\ttake reasonable steps to consult with—\n\t(i)\tthe State Bushfire Coordination Committee; and\n\t(ii)\tany SACFS organisation specified by the Chief Officer of SACFS; and\n\t(iii)\ta public sector agency (within the meaning of the Public Sector Act 2009) designated by the Minister from time to time for the purposes of this subsection; and\n\t(iv)\tany council whose area is wholly or partly within the relevant bushfire management area; and\n\t(v)\tany regional landscape board whose region is wholly or partly within the relevant bushfire management area; and\n\t(vi)\tany other person or body, or person or body of a class, prescribed by the regulations for the purposes of this subsection,\nin relation to the proposal; and\n\t(c)\tby public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period prescribed by the regulations.\n\t(8)\tSubsection (7) does not apply in relation to an amendment that is being made—\n\t(a)\tin order to ensure that the plan is consistent with a change to the State Bushfire Management Plan; or\n\t(b)\tin order to remove or replace information in the plan that has been superseded by information that is more reliable or up‑to‑date; or\n\t(c)\tin order to make a change in form; or\n\t(d)\tin any other prescribed circumstance.\n\t(9)\tA plan, and any amendments to a plan, have no force or effect until approved by the State Bushfire Coordination Committee.\n\t(10)\tThe State Bushfire Coordination Committee may, in connection with subsection (9)—\n\t(a)\tapprove a plan or amendment when it is furnished to the State Bushfire Coordination Committee;\n\t(b)\tconsult the relevant bushfire management committee about any amendment to a proposed plan or amendment that the State Bushfire Coordination Committee considers necessary or appropriate and then approve the plan or amendment with amendment;\n\t(c)\trefer a plan or amendment back to the relevant bushfire management committee for further consideration.\n\t(11)\tA plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).\n\t(12)\tA failure by a bushfire management committee to comply with a requirement under this section cannot be taken to affect the validity of a plan, or any other plan or instrument under this Act.\nDivision 8—Fire prevention\nSubdivision 1—Fire danger season\n78—Fire danger season\n\t(1)\tThe Chief Officer may, by order—\n\t(a)\tfix a fire danger season in relation to the whole, or any part, of the State; or\n\t(b)\trevoke any such order previously made.\n\t(2)\tA fire danger season will only be fixed under subsection (1) after consultation with the appropriate bushfire management committee or committees (if any).\n\t(3)\tAn order under this section must be published—\n\t(a)\tin the Gazette; and\n\t(b)\talso—\n\t(i)\ton a website determined by the Chief Officer; or\n\t(ii)\tin a newspaper circulating generally in the State; or\n\t(iii)\tin a newspaper circulating in the locality to which the order relates.\n79—Fires during fire danger season\n\t(1)\tSubject to subsection (2), a person must not light or maintain a fire in the open air during the fire danger season.\n\t(a)\tfor a first offence—$5 000 or imprisonment for 1 year;\n\t(b)\tfor a second or subsequent offence—$10 000 or imprisonment for 2 years.\n\t(2)\tA fire may, subject to any other restrictions imposed under this or any other Act, be lighted or maintained in the open air in the circumstances prescribed by the regulations (and subject to any conditions or requirements that may be prescribed by the regulations).\n\t(5)\tThe fact that a person has lit and maintained a fire in accordance with this section does not of itself relieve the person from liability for any loss or damage caused by the fire.\nSubdivision 2—Total fire ban\n80—Total fire ban\n\t(1)\tThe Chief Officer may at any time of the year impose a ban (a total fire ban) on the lighting or maintaining of fires in the open air for any purpose on a specified day or days, or during any specified part or parts of a day or days, throughout the whole State, or any specified part of the State.\n\t(2)\tThe Chief Officer must arrange to have a warning of the imposition of a total fire ban under this section broadcast, published or otherwise made available (in such manner as the Chief Officer thinks fit) in the State or the part of the State to which the total fire ban applies.\n\t(3)\tSubject to subsection (4), a person must not light or maintain a fire in the open air contrary to the terms of a warning broadcast, published or made available under this section.\n\t(a)\tfor a first offence—$10 000 or imprisonment for 2 years;\n\t(b)\tfor a second or subsequent offence—$20 000 or imprisonment for 4 years.\n\t(4)\tThis section does not prevent the lighting or maintaining of a fire—\n\t(a)\tin circumstances permitted by the regulations; or\n\t(b)\tif the lighting or maintaining of the fire is authorised by a permit issued under this Act.\n\t(5)\tIf the Chief Officer wishes to vary or revoke a total fire ban under this section, the Chief Officer must arrange to have the variation or revocation broadcast, published or otherwise made available (in such manner as the Chief Officer thinks fit) in the State or the part of the State to which the total fire ban applies.\n\t(6)\tIn any proceedings for an offence against this section, a document apparently signed by the Chief Officer, and certifying that a warning in the terms specified in the certificate was broadcast, published or otherwise made available in the State or a specified part of the State in accordance with this section on a date and at a time specified in the certificate, is, unless the contrary is proved, to be accepted as proof of the matters so certified.\nSubdivision 3—Permits\n81—Permit to light and maintain a fire\n\t(1)\tAn authorised officer may issue a permit authorising a person to light or maintain a fire in the open air in circumstances in which the lighting or maintaining of the fire would otherwise be unlawful by virtue of this Part.\n\t(2)\tAn application for a permit—\n\t(a)\tmust be made in a form determined by the Chief Officer; and\n\t(b)\tmust be accompanied by such information as may be required—\n\t(i)\tunder the terms of the form; or\n\t(ii)\tat the direction of an authorised officer.\n\t(3)\tA permit must not be issued under this section unless the authorised officer is satisfied that—\n\t(a)\tthe lighting or maintaining of the fire is, in all the circumstances of the case, justified; and\n\t(b)\tadequate precautions will be taken to prevent the spread of fire.\n\t(4)\tA permit issued under this section will include—\n\t(a)\tthe prescribed conditions; and\n\t(b)\tsuch other conditions as the authorised officer thinks fit to include in the permit.\n\t(5)\tA permit issued under this section will be in a form prescribed by the regulations.\n\t(6)\tUnless issued in accordance with an authorisation granted under subsection (7), a permit does not authorise a person to light or maintain a fire contrary to the terms of a total fire ban.\n\t(7)\tThe Chief Officer may, by instrument in writing, authorise (subject to stipulated restrictions and conditions) the issue of permits for the lighting and maintaining of fires in the open air, on days on which a total fire ban has been imposed, in parts of the State designated in the authorisation.\n\t(8)\tNotice of the issue of a permit under this section must be given in the manner provided by the regulations to such persons and authorities as may be stipulated by the regulations.\n\t(9)\tA permit may be revoked by an authorised officer or by the Chief Officer—\n\t(a)\tif the permit holder fails to comply with a condition of the permit; or\n\t(b)\tif the authorised officer or Chief Officer considers that sufficient reasons exist to justify the revocation of the permit.\n\t(10)\tThe regulations may establish a scheme for the review by the Commission of a decision to revoke a permit.\n\t(13)\tThe fact that the holder of a permit has complied with the conditions of the permit does not of itself relieve the holder from liability for any loss or damage caused by a fire lit under the authority of a permit.\n\t(13a)\tEach council—\n\t(a)\tthat is a rural council; or\n\t(b)\tthat has within its area a designated urban bushfire risk area,\nmust appoint at least 1 person as an authorised officer for the purpose of issuing permits under this section.\n\t(13b)\tThe Chief Officer may, on application by a council to which subsection (13a) applies, exempt the council from the requirement under that subsection.\n\t(14)\tIn this section—\nauthorised officer means—\n\t(a)\ta person authorised by the Chief Officer; or\n\t(b)\ta person authorised by a council, with the approval of the Chief Officer, to issue permits under this section.\n","sortOrder":17},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Power of direction","content":"Subdivision 4—Power of direction\n82—Power to direct\n\t(1)\tSubject to this section, if an officer of SACFS is satisfied that a fire has been lit on any land contrary to this Act, or that a fire on any land (whether lit lawfully or not) is out of control, or is likely to get out of control, the officer may—\n\t(a)\tdirect the person who lit the fire, or the owner of the land, to extinguish the fire or to take such other steps in relation to the fire as appear necessary to prevent it from getting out of control; or\n\t(b)\textinguish the fire, or take such other steps in relation to the fire as appear necessary to prevent it from getting out of control.\n\t(2)\tIf an officer of SACFS is satisfied—\n\t(a)\tthat a person proposes to light or maintain a fire (whether or not pursuant to a permit under section 81); and\n\t(b)\tthat because of weather conditions the fire, if lighted or maintained, might get out of control,\nthe officer may direct that person to refrain from lighting or maintaining a fire during a period specified in the direction.\n\t(3)\tA person who contravenes, or fails forthwith to comply with, a direction under this section is guilty of an offence.\n\t(a)\tfor a first offence—$5 000 or imprisonment for 1 year;\n\t(b)\tfor a second or subsequent offence—$10 000 or imprisonment for 2 years.\n\t(4)\tThe Chief Officer may determine that the powers of an officer under this section may only be exercised by officers of or above a certain rank.\n\t(5)\tDespite subsection (4), if no officer of SACFS who is able to exercise the powers conferred by this section is present, any member of the SACFS or, in the absence of any such member, any fire prevention officer, member of SAMFS or member of the police force, may exercise those powers.\n","sortOrder":18},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Miscellaneous precautions against fire","content":"Subdivision 6—Miscellaneous precautions against fire\n86—Fire safety at premises\n\t(1)\tAn authorised officer may require the owner of premises of a prescribed kind in the country, or a person proposing to build any such premises, to take specified steps to prevent the outbreak of fire at the premises, or the spread of fire from the premises.\n\t(2)\tA person to whom such a requirement is directed may, within 14 days after the date of the requirement, lodge a written notice of objection with the Chief Officer.\n\t(3)\tThe Chief Officer must consider any such objection and may vary the requirement in any manner the Chief Officer thinks fit.\n\t(4)\tA person who fails to comply with a requirement under this section is guilty of an offence.\n\t(a)\tif the offender is a body corporate—$50 000;\n\t(b)\tif the offender is a natural person—$10 000.\nauthorised officer means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this section.\n87—Removal of debris from roads\n\t(1)\tIf as a result of any work flammable debris is left on or in the vicinity of a road in the country, the person that carried out the work must remove the debris from the road—\n\t(a)\ton being required to do so by the Chief Officer or a council; or\n\t(b)\tif no such requirement is made, on the completion of the work (insofar as to do so is reasonably practicable).\n\t(2)\tIf a person fails to comply with subsection (1), the Chief Officer or the council of the area may—\n\t(a)\tburn or remove the flammable debris; and\n\t(b)\trecover the cost of so doing as a debt due to it from the person in default.\n89—Restriction on use of certain appliances etc\nA person must not, during the fire danger season, operate an engine, vehicle or appliance of a prescribed kind in the open air, or use any flammable or explosive material of a prescribed kind, or carry out any prescribed activity, except in accordance with the relevant regulations.\n\t(a)\tfor a first offence—$5 000;\n\t(b)\tfor a second or subsequent offence—$10 000.\n91—Duty to report unattended fires\n\t(1)\tA person who finds an unattended fire on land in the country must immediately take such steps as are reasonably practicable to notify a member of SACFS, a member of SAMFS, a government officer or a police officer of the existence and location of the fire.\nMaximum penalty: $1 250.\ndesignated Act means an Act designated by the Minister from time to time by notice in the Gazette for the purposes of this section;\ngovernment officer means—\n\t(a)\tan officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the National Parks and Wildlife Act 1972; or\n\t(ab)\tan officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of a designated Act; or\n\t(b)\tan officer or employee of the South Australian Forestry Corporation; or\n\t(c)\tany other person of a class prescribed for the purposes of this definition.\n","sortOrder":19},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Supplementary provisions","content":"Subdivision 7—Supplementary provisions\n93—Delegation by councils\n\t(1)\tA council may, by instrument in writing, delegate to a fire prevention officer a power or function under this Division.\n\t(2)\tA delegation under this section is revocable at will and does not derogate from the powers of the council to act in any matter.\n\t(3)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n94—Failure by a council to exercise statutory powers\n\t(1)\tIf, in the opinion of the Chief Officer, a council fails to exercise or discharge any of its powers or functions under this Division, the Chief Officer may take such action as appears necessary on account of that failure.\n\t(2)\tWithout limiting the generality of subsection (1), the Chief Officer may recommend to the Minister that the powers and functions of the council under this Part be withdrawn.\n\t(3)\tBefore taking action under subsection (2), the Chief Officer must consult with the council in relation to the matter.\n\t(4)\tIf the Chief Officer makes a recommendation to the Minister under subsection (2)—\n\t(a)\tthe Minister must give the council a reasonable opportunity to make written submissions to the Minister in relation to the matter; and\n\t(b)\tif the council so requests at the time that it makes such written submissions—the Minister must discuss the matter with a delegation representing the council; and\n\t(c)\tthe Minister must consult with the State Bushfire Coordination Committee in relation to the matter.\n\t(5)\tIf, after complying with subsection (4), the Minister is satisfied that it is appropriate to do so, the Minister may, by notice in the Gazette, withdraw the powers and functions of the council and vest them in an officer of SACFS nominated by the Chief Officer.\n\t(6)\tThe Minister must, within 14 days of publishing a notice under subsection (5), furnish the council with written reasons for his or her decision.\n\t(7)\tThe Minister may, by subsequent notice in the Gazette made on the recommendation of the Chief Officer—\n\t(a)\tappoint another officer of SACFS in substitution for an officer previously appointed under this section;\n\t(b)\trevoke the notice that withdrew the council's powers and functions.\n\t(8)\tAny expenses reasonably incurred by an officer of SACFS in exercising or discharging powers and functions vested under this section may be recovered as a debt due to the SACFS from the council in a court of competent jurisdiction.\n95—Endangering life or property\n\t(1)\tA person who, during the fire danger season, without lawful excuse, lights a fire in circumstances where the fire endangers, or is likely to endanger, the life or property of another, is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tIt is a defence to a charge of an offence against this section for the defendant to prove—\n\t(a)\t—\n\t(i)\tthat the fire was lit—\n\t(A)\ton land owned or occupied by the defendant; or\n\t(B)\tat the direction of, or with the permission of, the owner or occupier of the land on which the fire was lit; or\n\t(ii)\tthat the danger was caused by unforeseen weather conditions; and\n\t(b)\tthat the defendant took all reasonable precautions to prevent the spread of the fire.\n95A—Other regulatory provisions\nNothing in this Division limits or prevents any other requirements or prohibitions imposed by or under this Act (including by regulations made under section 148) applying—\n\t(a)\toutside the fire danger season; or\n\t(b)\ton days that are not total fire ban days; or\n\t(c)\tin circumstances that fall outside the contemplation of this Division.\n","sortOrder":20},{"sectionNumber":"Div 9","sectionType":"division","heading":"Powers and duties relating to fires and emergencies","content":"Division 9—Powers and duties relating to fires and emergencies\n96—Exercise of control at scene of fire or other emergency\n\t(a)\tthe situation—\n\t(i)\tinvolves or arises from—\n\t(A)\ta fire or a situation that involves imminent danger of fire; or\n\t(B)\tthe escape of any hazardous material or a situation that involves imminent danger of such an escape,\nthat occurs—\n\t(C)\tin the country; or\n\t(D)\tat any other place in a situation where no member of SAMFS has assumed control under Part 3; or\n\t(ii)\tinvolves 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\n\t(b)\tan SACFS brigade has attended,\nthen an incident controller or, if an incident controller has not been appointed, the most senior member of SACFS in attendance, may assume control (and all members of SACFS, and all other persons present at the scene, will be subject to his or her control).\n\t(a)\tderogates from the powers of the Chief Officer of SACFS to assume control of any operations; or\n\t(b)\tprevents a member of SACFS who has taken control of any operations surrendering control of those operations to any other person or body; or\n\t(c)\tprevents another person or body with lawful authority to do so assuming control at the scene of any emergency.\nincident controller for a fire or other emergency means the person for the time being appointed to be the incident controller for the fire or other emergency in accordance with procedures determined by the Chief Officer.\n97—Powers\n\t(1)\tAn officer of SACFS 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).\n\t(2)\tWithout 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)—\n\t(a)\tenter and, if necessary break into any land, building, structure or vehicle (using such force as is necessary);\n\t(b)\ttake possession of, protect or assume control over any land, body of water, building, structure, vehicle or other thing;\n\t(c)\tremove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing;\n\t(d)\tdirect 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;\n\t(e)\tremove, 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;\n\t(g)\tremove 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;\n\t(h)\tcause 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;\n\t(iii)\tto contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or\n\t(iv)\tto shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device;\n\t(j)\ttake and use water or any other fire extinguishing material from any place;\n\t(k)\tshut off, or cut off, the supply of water or any drainage facility;\n\t(l)\tcause firebreaks to be ploughed or cleared on any land;\n\t(m)\tmake use of the gratuitous services of any person;\n\t(n)\tdirect, insofar as may be reasonably necessary in the circumstances, any person to assist in the exercise of any power under this section;\n\t(o)\texercise any prescribed power.\n\t(3)\tIn the absence of an officer, the powers of an officer under subsections (1) and (2) may be exercised by any member of SACFS.\n\t(4)\tA person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of an officer of SACFS or of any other person given in accordance with subsection (1) or (2).\n\t(5)\tAn officer of SACFS may, for the purpose of controlling a fire, light another fire, or cause another fire to be lit (despite any other provision of this Act).\n\t(6)\tA member of SACFS must, before taking any prescribed action with respect to private land or a government reserve, or property on private land or a government reserve—\n\t(a)\tconsult with the owner or person in charge of the land or reserve if that person is in the presence of, or may be immediately contacted by, the member of SACFS; and\n\t(b)\tif 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.\n\t(7)\tThe 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 SACFS who might exercise powers under this section with respect to the reserve.\n\t(10)\tIf an officer of SACFS, 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 SACFS as a debt from the owner of the dangerous structure, object, substance or materials in a court of competent jurisdiction.\n\t(11)\tIn any proceedings under subsection (10), 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.\n\t(12)\tIn this section—\ngovernment reserve means—\n\t(a)\ta forest reserve; or\n\t(b)\ta reserve administered under the National Parks and Wildlife Act 1972; or\n\t(c)\tany other prescribed land;\nprescribed 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.\n\t(13)\tThis section operates subject to the provisions of the Emergency Management Act 2004.\n98—Provision of water\n\t(1)\tA 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.\nwater authority means a body brought within the ambit of this definition by the regulations.\n99—Supply of gas or electricity\nA 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).\n","sortOrder":21},{"sectionNumber":"Div 10","sectionType":"division","heading":"Related matters","content":"Division 10—Related matters\n100—Accounts and audit\n\t(1)\tSACFS must keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe Auditor-General must audit the annual statements of account required under subsection (1).\n\t(3)\tThe accounts of an SACFS organisation are not required to be audited by the Auditor-General but must be audited in accordance with the regulations.\n101—Annual reports\n\t(1)\tSACFS must, on or before 30 September in each year, deliver to the Commission a report on the activities of SACFS during the preceding financial year (and need not provide a report under the Public Sector Act 2009).\n\t(b)\tinclude any other information that would be required if SACFS were reporting under the Public Sector Act 2009; and\n102—Common seal and execution of documents\n\t(a)\texecute a document on behalf of SACFS; and\n\t(b)\taffix the common seal of SACFS to a document.\n\t(2)\tThe 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.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of SACFS.\n\t(4)\tA document is duly executed by SACFS if—\n\t(a)\tthe common seal of SACFS is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of SACFS by a person or persons in accordance with any authority conferred under this section.\n\t(5)\tIf an apparently genuine document purports to bear the common seal of SACFS, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of SACFS has been duly affixed to that document.\n103—Fire control officers\n\t(1)\tThe Chief Officer may, on his or her initiative or at the request of a council, appoint a person as a fire control officer for a designated area of the State (whether inside or outside a council area).\n\t(2)\tBefore the Chief Officer on his or her own initiative appoints a person as a fire control officer for a designated area of the State that is inside (or partially inside) a council area, the Chief Officer must consult with the council in relation to the proposed appointment.\n\t(3)\tThe functions of a fire control officer are—\n\t(a)\tto assist in the preparation of fire prevention plans for the designated area;\n\t(b)\tto take steps to protect property in the designated area from fire and to prevent the outbreak and spread of fire in the designated area;\n\t(c)\tto fight any fire, or to act in any other emergency, until an SACFS brigade arrives;\n\t(d)\tto carry out any other function assigned by the Chief Officer.\n\t(4)\tSubject to any limitation determined by the Chief Officer, a fire control officer may, pending the arrival of an SACFS brigade, for the purpose of fire-fighting or for the purpose of protecting life, property or the environment in any other emergency, exercise the powers of an officer of SACFS under this Act.\n\t(5)\tThe Chief Officer may, as the Chief Officer thinks fit, terminate the appointment of a person as a fire control officer.\n104—Giving of expiation notices\nA council may not authorise a person (under section 6(3)(b) of the Expiation of Offences Act 1996) to give expiation notices for alleged offences under this Part unless the person is a fire prevention officer.\n105—Appropriation of penalties\nIf a summary offence against this Part is committed in the area of a council and the complaint is laid by the council for the area (or an officer of the council), any fine recovered from the defendant will be paid into the general revenue of the council (rather than into the Consolidated Account).\n","sortOrder":22},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Fire prevention","content":"Part 4A—Fire prevention\nDivision 1—Interpretation\n105A—Interpretation\nIn this Part—\nauthorised person, in relation to particular land, means—\n\t(a)\tif the land is within a fire district—\n\t(i)\tthe Chief Officer of SAMFS;\n\t(ii)\tthe council;\n\t(iii)\ta fire prevention officer appointed by the council;\n\t(iv)\tan authorised person appointed by the council under the Local Government Act 1999 and authorised by the council for the purposes of this Part;\n\t(b)\tif the land is not within a fire district—\n\t(i)\tthe Chief Officer of SACFS;\n\t(ii)\tif the land is within a council area—\n\t(A)\tthe council;\n\t(B)\ta fire prevention officer appointed by the council;\n\t(C)\tan authorised person appointed by the council under the Local Government Act 1999 and authorised by the council for the purposes of this Part;\n\t(c)\tany other person declared by the regulations to be included within the ambit of this definition;\ncouncil, in relation to particular land, means the council constituted under the Local Government Act 1999 for the area in which the land is situated;\nflammable undergrowth includes undergrowth that is likely to become flammable.\nDivision 2—Fire prevention officers\n105B—Fire prevention officers\n\t(1)\tEach council—\n\t(a)\tthat is a rural council; or\n\t(b)\tthat has within its area a designated urban bushfire risk area,\nmust appoint at least 1 person as a fire prevention officer for its area.\n\t(2)\tA fire prevention officer must have qualifications or experience appropriate to the office.\n\t(3)\tA council must—\n\t(a)\tin determining the number of fire prevention officers that it should appoint under subsection (1); and\n\t(b)\tin assessing the qualifications or experience of a person for the purposes of subsection (2),\ntake into account any policy developed by SACFS for the purposes of this section.\n\t(4)\tA Chief Officer may, on application by a council, exempt the council from the requirement to appoint a fire prevention officer under this section.\n105C—Functions of fire prevention officers\nA fire prevention officer has the following functions:\n\t(a)\tto assess the extent of bushfire hazards within the relevant council area;\n\t(b)\tto assist the council in providing advice and information to any bushfire management committee whose area incorporates any part of the relevant council area in connection with the preparation or review of the committee's Bushfire Management Area Plan;\n\t(c)\tto provide advice to owners of property in respect of bushfire prevention and management;\n\t(d)\tto carry out any other functions assigned to the fire prevention officer by the regulations.\n105D—Delegations\n\t(1)\tA fire prevention officer may delegate any of his or her functions or powers under this or any other Act—\n\t(a)\tto a member of SACFS; or\n\t(b)\tto a member of SAMFS; or\n\t(c)\twith the approval of the council—to any other person or body.\n\t(c)\tdoes not derogate from the ability of the fire prevention officer to act in any matter; and\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tIf a fire prevention officer delegates a function or power under this section, he or she must report that fact to the council.\n105E—Reports\nThe Commission, the State Bushfire Coordination Committee or a bushfire management committee in whose bushfire management area the relevant council area is wholly or partly located may, by written notice, require the council to provide to the Commission, the State Bushfire Coordination Committee or the bushfire management committee (within a period stated in the notice or at stated intervals) any report or reports relating to the performance, exercise or discharge of the functions, powers or responsibilities of the fire prevention officer or officers (if any) for the council's area, as the Commission, the State Bushfire Coordination Committee or the bushfire management committee (as the case may be) thinks fit.\nDivision 3—Duties to prevent fires\n105F—Private land\n\t(1)\tAn owner of private land must take reasonable steps—\n\t(a)\tto prevent or inhibit the outbreak of fire on the land; and\n\t(b)\tto prevent or inhibit the spread of fire through the land; and\n\t(c)\tto protect property on the land from fire; and\n\t(d)\tto minimise the threat to human life from a fire on the land.\n\t(2)\tIn determining the standard required to comply with subsection (1) (but subject to subsection (4)), the following matters are to be taken into account (insofar as may be relevant and without limiting any other relevant matter):\n\t(c)\tthe activities carried out on the land (including whether flammable or combustible materials or substances are used or stored on the land);\n\t(4)\tIn proceedings for an offence against subsection (1)—\n\t(a)\tif it is proved by the prosecution—\n\t(i)\tthat a code of practice under subsection (3) relates to land of the kind to which the proceedings relate; and\n\t(ii)\tthat the defendant is in breach of the code in 1 or more respects,\nthen the defendant is, in the absence of proof to the contrary, to be taken to have failed to exercise the standard required under subsection (1); and\n\t(b)\tif it is proved by the defendant—\n\t(i)\tthat a code of practice under subsection (3) relates to land of the kind to which the proceedings relate; and\n\t(ii)\tthat the defendant has complied with the code in all relevant respects,\nthen the defendant is to be taken to have exercised the standard required under subsection (1).\n\t(5)\tIf an authorised person believes on reasonable grounds—\n\t(a)\tthat an owner of private land has failed to comply with subsection (1); or\n\t(b)\tthat measures should be taken in respect of particular private land for the purpose of—\n\t(i)\tpreventing or inhibiting the outbreak of fire on the land; or\n\t(ii)\tpreventing or inhibiting the spread of fire through the land; or\n\t(iii)\tprotecting property on the land from fire,\nthe authorised person may, by notice in writing that complies with any requirements set out in the regulations, require the owner of the private land to take specified action to remedy the default or to protect the land or property on the land, within such time as may be specified in the notice.\n\t(6)\tWithout limiting the operation of subsection (5), a notice under that subsection may include directions—\n\t(a)\tto trim or remove vegetation on the land; or\n\t(b)\tto remove flammable or combustible materials or substances, or to store flammable or combustible materials or substances in a specified manner; or\n\t(c)\tto eliminate a potential ignition source; or\n\t(d)\tto create, establish or maintain fire breaks or fuel breaks.\n\t(7)\tAn authorised person must, in acting under subsection (5), apply any guidelines prepared or adopted by the Minister for the purposes of that subsection and published by the Minister in the Gazette.\n\t(8)\tA person must not refuse or fail to comply with a notice under subsection (5).\nMaximum penalty: $10 000.\n\t(9)\tA notice under subsection (5) may be given—\n\t(a)\tpersonally; or\n\t(b)\tby post; or\n\t(c)\tif the authorised person cannot, after making reasonable inquiries, ascertain the name and address of the person to whom the notice is to be given—\n\t(i)\tby publishing the notice—\n\t(A)\ton a website determined by the Minister; or\n\t(B)\tin a newspaper circulating in the locality of the land; and\n\t(ii)\tby leaving a copy of the notice in a conspicuous place on the land.\n\t(10)\tAn authorised person may, by further notice in writing, vary or revoke a notice under this section.\n\t(11)\tIf a notice under subsection (5) is directed to an occupier of land, the authorised person must take reasonable steps to serve (personally or by post) a copy of the notice on the owner.\n105G—Council land\n\t(1)\tA council that has the care, control or management of land—\nmust take reasonable steps—\n\t(c)\tto prevent or inhibit the outbreak of fire on the land; and\n\t(d)\tto prevent or inhibit the spread of fire through the land; and\n\t(e)\tto protect property on the land from fire; and\n\t(f)\tto minimise the threat to human life from a fire on the land.\n\t(2)\tIn determining the standard required to comply with subsection (1), the following matters are to be taken into account (insofar as may be relevant and without limiting any other relevant matter):\n\t(c)\tthe activities carried out on the land (including whether flammable or combustible materials or substances are used or stored on the land);\n\t(4)\tIf, in the opinion of the relevant Chief Officer, a council has failed to comply with subsection (1), the Chief Officer may refer the matter to the Minister.\n\t(5)\tThe Minister must, on the referral of a matter under subsection (4), consult with—\n\t(a)\tthe council; and\n\t(b)\tthe Minister to whom the administration of the Local Government Act 1999 has been committed.\n\t(6)\tThe Minister may then (if the Minister thinks fit), by notice in writing to the council after consultation with the relevant Chief Officer, require the council to take specified action (being action considered by the Minister to be reasonably necessary to comply with the requirements of subsection (1)).\n\t(7)\tA council must not fail to comply with a notice under subsection (6).\n\t(8)\tIn this section—\n105H—Crown land\n\t(1)\tA Minister, agency or instrumentality of the Crown that has the care, control or management of land—\nmust take reasonable steps—\n\t(c)\tto prevent or inhibit the outbreak of fire on the land; and\n\t(d)\tto prevent or inhibit the spread of fire through the land; and\n\t(e)\tto protect property on the land from fire; and\n\t(f)\tto minimise the threat to human life from a fire on the land.\n\t(2)\tIn determining the standard required to comply with subsection (1), the following matters are to be taken into account (insofar as may be relevant and without limiting any other relevant matter):\n\t(c)\tthe activities carried out on the land (including whether flammable or combustible materials or substances are used or stored on the land);\n\t(4)\tIf in the opinion of the relevant Chief Officer, a Minister, agency or instrumentality of the Crown has failed to comply with subsection (1), the Chief Officer may refer the matter to the Minister.\n\t(5)\tThe Minister may, on the referral of a matter under subsection (4), undertake such consultation or other action as the Minister thinks fit in connection with the matter.\n\t(6)\tIf the Minister considers that he or she cannot resolve the matter the Minister may, after consultation with the relevant Chief Officer, request another Minister (being the responsible Minister in the circumstances of the particular case) to take action to ensure that a management or other plan is put in place to secure compliance with the requirements of subsection (1).\n\t(7)\tIn this section—\n105I—Commonwealth land\n\t(1)\tIf in the opinion of the relevant Chief Officer conditions existing on Commonwealth land—\npresent an undue risk to surrounding land (not being Commonwealth land) in the event of a bushfire on (or passing through) the Commonwealth land, the relevant Chief Officer must take reasonable steps to notify the person apparently in control of the Commonwealth land of the risk and the reasons for his or her opinion (and may provide advice as to the action that, in the opinion of the Chief Officer, should be taken in view of the risk).\nCommonwealth land means land occupied by the Commonwealth (including the Crown in right of the Commonwealth or a Commonwealth Minister), or by an agency or instrumentality of the Crown;\nDivision 4—Related provisions\n105IA—Power of direction by police officer\n\t(1)\tIf a police officer is satisfied—\n\t(a)\tthat a person proposes to carry on an activity of a kind prescribed by the regulations or any other activity that the police officer is satisfied may cause a fire; and\n\t(b)\tthat because of weather conditions the fire, if caused by the activity, might get out of control,\nthe police officer may direct that person to refrain from carrying on the activity during a period specified in the direction.\n\t(2)\tBefore giving a direction under subsection (1), a police officer must take into account any relevant information contained in—\n\t(a)\tthe Grain Harvesting Code of Practice published by SACFS (as in force from time to time); and\n\t(b)\tany other code or policy prescribed by the regulations.\n\t(3)\tA person who contravenes, or fails to comply with, a direction under this section is guilty of an offence.\n\t(a)\tfor a first offence—$5 000 or imprisonment for 1 year;\n\t(b)\tfor a second or subsequent offence—$10 000 or imprisonment for 2 years.\n105J—Additional provision in relation to powers of authorised persons\n\t(1)\tAn authorised person in relation to particular land, or any other person authorised by the Chief Officer of SAMFS or the Chief Officer of SACFS for the purposes of this section, may, for a purpose related to the administration, operation or enforcement of this Part—\n\t(a)\tat any reasonable time, after giving reasonable notice to the occupier of the land, enter the land; or\n\t(b)\twith the authority of a warrant issued by a magistrate, or in circumstances in which the authorised person reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on, the land.\n\t(2)\tA magistrate must not issue a warrant under subsection (1)(b) unless satisfied that the warrant is reasonably required in the circumstances.\n\t(3)\tAn application for a warrant—\n\t(a)\tmay be made either personally or by telephone; and\n\t(b)\tmust be made in accordance with any procedures prescribed by the regulations.\n\t(4)\tIn exercising a power under this Part, an authorised officer may—\n\t(a)\tgive directions with respect to the stopping, securing or movement of a vehicle, plant, equipment or other thing;\n\t(b)\ttake photographs, films, audio, video or other recordings;\n\t(c)\tgive any other directions reasonably required in connection with the exercise of the power.\n\t(5)\tAn authorised person may, in exercising a power under this Part, be accompanied by such assistants as may reasonably be required in the circumstances.\n\t(6)\tIf an owner of land refuses or fails to comply with the requirements of a notice under section 105F(5), an authorised person may proceed to carry out those requirements.\n\t(7)\tAction taken by an authorised person under subsection (6) may be taken on the authorised person's behalf by a person authorised by the Chief Officer of SAMFS or the Chief Officer of SACFS, or by a council, for the purposes of this subsection.\n\t(8)\tThe reasonable costs and expenses incurred by an authorised person in taking action under subsection (6) may be recovered by—\n\t(a)\tif the relevant notice was given by a council, or a fire prevention officer or an authorised person appointed by a council and authorised for the purposes of this Part—the council; or\n\t(b)\tin any other case—the Minister,\nas a debt from the person who failed to comply with the requirements of the relevant notice.\n\t(9)\tIf an amount is recoverable from a person by a council or the Minister under subsection (8)—\n\t(a)\tin the case of an amount recoverable by a council—the council may recover the amount as if it were rates in arrears; or\n\t(b)\tin the case of an amount recoverable by the Minister—\n\t(i)\tthe Minister may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid; and\n\t(ii)\tthe amount together with any interest charge so payable is, until paid, a charge in favour of the Minister on the land to which the notice under section 105F(5) relates.\n\t(10)\tA person cannot claim compensation from the Minister, the Crown, a council, an authorised person or any person acting under subsection (7) in respect of any action taken under this section.\n105K—Review by Chief Officer\ncompliance notice means a notice under section 105F(5);\nrelevant Chief Officer means—\n\t(a)\tin relation to a compliance notice that relates to land within a fire district—the Chief Officer of SAMFS;\n\t(b)\tin relation to a compliance notice that relates to land outside a fire district—the Chief Officer of SACFS.\n\t(2)\tA person to whom a compliance notice is issued may apply to the relevant Chief Officer for a review of the notice under this section.\n\t(3)\tThe application must be made within 14 days after the notice is served on the person unless the relevant Chief Officer, in his or her discretion, allows an extension of time.\n\t(4)\tSubject to a determination of the relevant Chief Officer to the contrary in relation to the particular matter, the operation of a notice subject to a review is suspended until the review has been determined or withdrawn.\n\t(5)\tThe relevant Chief Officer must review the notice and, after taking into account such matters as the Chief Officer thinks fit, may—\n\t(a)\tconfirm, vary or revoke any requirement under the notice and, if appropriate, discharge the notice;\n\t(b)\tsubstitute any requirement or notice that could have been made or given in the first instance;\n\t(c)\tdismiss the matter;\n\t(d)\tmake any consequential or ancillary direction.\n\t(6)\tIf the relevant Chief Officer—\n\t(a)\tconfirms or varies a notice; or\n\t(b)\tsubstitutes a requirement or notice,\nthe person to whom the notice or requirement is addressed must comply with the notice or requirement within a period specified by the Chief Officer.\nMaximum penalty: $10 000.\n","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"The South Australian State Emergency Service","content":"Part 5—The South Australian State Emergency Service\n106—Continuation of service\n\t(1)\tThe State Emergency Service continues in existence as the South Australian State Emergency Service (SASES).\n\t(2)\tSASES—\n\t(3)\tSASES is an agency of the Crown and holds its property on behalf of the Crown.\n107—Constitution of SASES\n\t(1)\tSASES consists of—\n\t(a)\tthe Chief Officer of SASES; and\n\t(b)\tall other officers of SASES; and\n\t(c)\tall SASES units and all members of SASES units; and\n\t(d)\tall SASES employees.\n\t(2)\tThe Chief Officer of SASES is responsible for the management and administration of SASES (and will, in undertaking this responsibility, also be the Chief Executive of SASES).\n\t(3)\tAn act done or decision made by the Chief Officer in the management or administration of the affairs of SASES (including by exercising any power of SASES under this or any other Act) is an act or decision of SASES.\n107A—Parliamentary recognition of SASES Volunteer Charter\n\t(1)\tThe Parliament recognises that SASES is first and foremost a volunteer‑based organisation, in which volunteer officers and members are supported by employees in a fully integrated manner.\n\t(2)\tThe Parliament recognises that the SASES Volunteer Charter—\n\t(a)\tis a statement of the commitment and principles that apply to the relationship between the Government of South Australia, the Commission, SASES and volunteer officers and members; and\n\t(b)\trequires that the Government of South Australia, the Commission and SASES recognise, value, respect and promote the contribution of volunteer officers and members to the well‑being and safety of the community; and\n\t(c)\trequires that the Government of South Australia, the Commission and SASES commit to consulting with the South Australian State Emergency Service Volunteers Association on behalf of volunteer officers and members on any matter that might reasonably be expected to affect them.\n\t(3)\tSASES must, in performing its functions, have regard to the commitments and principles set out in the SASES Volunteer Charter.\n\t(4)\tSASES has a responsibility to develop policy and organisational arrangements that encourage, maintain and strengthen the capacity of volunteer officers and members to provide SASES services.\nSASES Volunteer Charter means the SASES Volunteer Charter prepared in consultation with the Government of South Australia, the Commission, SASES, the South Australian State Emergency Service Volunteers Association and SASES volunteers, as in force from time to time.\n108—Functions and powers\n\t(1)\tSASES has the following functions:\n\t(a)\tto assist the Commissioner of Police in dealing with any emergency;\n\t(b)\tto assist the State Co-ordinator, in accordance with the State Emergency Management Plan, in carrying out prevention, preparedness, response or recovery operations under the Emergency Management Act 2004;\n\t(ba)\tto assist the Chief Executive within the meaning of the South Australian Public Health Act 2011, in accordance with the Public Health Emergency Management Plan, in carrying out prevention, preparedness, response or recovery operations under Part 11 of that Act;\n\t(c)\tto assist SAMFS and SACFS in dealing with any emergency;\n\t(d)\tto deal with any emergency—\n\t(i)\twhere the emergency is caused by flood or storm damage; or\n\t(ii)\twhere there is no other body or person with lawful authority to assume control of operations for dealing with the emergency;\n\t(e)\tto deal with any emergency until such time as any other body or person that has lawful authority to assume control of operations for dealing with the emergency has assumed control;\n\t(f)\tto respond to emergency calls and, where appropriate, provide assistance in any situation of need whether or not the situation constitutes an emergency;\n\t(g)\tto undertake rescues;\n\t(h)\tto perform any other function assigned to SASES by or under this or any other Act.\n\t(2)\tSASES 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.\n\t(3)\tSASES may, for example—\n\t(c)\tprovide and maintain equipment for SASES units;\n\t(d)\tmake representations and provide advice relating to dealing with emergencies;\n\t(e)\tpublish or disseminate information;\n\t(f)\trecord, possess or use moving or still images for the purposes of its operations and activities, including for training purposes.\n109—Chief Officer\n\t(1)\tThe office of Chief Officer of SASES is established (and a reference in this Part to the \"Chief Officer\" will be a reference to the Chief Officer of SASES).\n\t(2)\tThe Chief Officer will be appointed by the Minister after taking into account the recommendation of the CE of the Commission.\n\t(3)\tThe Chief Officer will be appointed on terms and conditions determined by the Minister after consultation with the Commissioner for Public Sector Employment.\n\t(4)\tIn addition to the Chief Officer's responsibility for the management and administration of SASES, the Chief Officer has ultimate responsibility for the operations of SASES and may therefore—\n\t(a)\tcontrol all resources of SASES; and\n\t(b)\tmanage the staff of SASES and give directions to its members; and\n\t(c)\tassume control of any SASES operations; and\n\t(d)\tperform 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 SASES.\n110—Deputy Chief Officer and Assistant Chief Officers\n\t(1)\tThe 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).\n\t(2)\tThe 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.\n\t(3)\tThe 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)).\n111—Other officers\n\t(1)\tSASES will have such other officers (other than officers who hold office as volunteer members of SASES units) as the Chief Officer thinks fit to appoint (on the basis that the Chief Officer (and any successor) is the employer).\n\t(2)\tAn 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).\n\t(3)\tNothing 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.\n112—Employees\n\t(1)\tThe Chief Officer may appoint other persons as employees of SASES (on the basis that the Chief Officer (and any successor) is the employer).\n\t(2)\tAn 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).\n113—Staff\n\t(1)\tThe staff of SASES will comprise all officers (being officers appointed to the staff of SASES rather than being volunteer members of SASES units) and other employees of SASES.\n\t(2)\tA member of the staff of SASES must comply with a direction of—\n\t(3)\tIn addition, SASES may make use of persons employed in any public sector agency made available to assist SASES.\n\t(4)\tSASES is responsible for any costs or expenses associated with the employment of a member of the staff of SASES.\n114—Workforce plans\nFor the purposes of appointments to the staff of SASES under this Division—\n\t(b)\tthe 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\n\t(c)\tthe Chief Officer must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission.\n115—Delegation\n\t(1)\tThe Chief Officer may delegate a power or function of the Chief Officer or SASES under this or any other Act—\n\t(a)\tto a member of the staff of SASES or to a person made available to assist SASES; or\n\t(b)\tto a member of an SASES unit; or\n\t(c)\tto a committee established under this Act; or\n\t(d)\tto a person for the time being holding or acting in a particular office or position; or\n\t(e)\tto any other person or body.\n\t(3)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\nDivision 4—SASES units\n116—SASES units\n\t(1)\tThe Chief Officer may, by notice in the Gazette—\n\t(a)\testablish an SASES unit;\n\t(b)\tassign a name to an SASES unit.\n\t(a)\tthe Chief Officer is establishing an SASES unit to take over the activities of an organisation; and\n\t(b)\tthe organisation is a body corporate; and\n\t(c)\tthe organisation seeks its dissolution under this provision in the manner prescribed by the regulations,\nthen the Chief Officer may, by notice in the Gazette, dissolve the body corporate (and that dissolution will have effect by force of this subsection).\n\t(3)\tOn dissolution of an organisation under subsection (2), its property, rights and liabilities vest in SASES.\n\t(6)\tAn SASES unit—\n\t(a)\thas the functions and powers prescribed by this Act or the regulations; and\n\t(b)\thas such other functions or powers as may be assigned to it by the Chief Officer.\n\t(7)\tAn SASES unit must—\n\t(a)\tmaintain such records as may be prescribed or required by the Chief Officer; and\n\t(b)\tfurnish to the Chief Officer, in a manner and form determined by the Chief Officer, any information required by the Chief Officer.\n\t(8)\tThe Chief Officer may, by notice in the Gazette, dissolve an SASES unit.\n\t(9)\tThe Chief Officer must, before determining to dissolve an SASES unit, undertake the consultation, and comply with any other requirement, prescribed by the regulations.\n","sortOrder":24},{"sectionNumber":"Div 4A","sectionType":"division","heading":"Command structure","content":"Division 4A—Command structure\n116A—Command structure\n\t(1)\tThere will be such officers within the SASES command structure as the regulations may prescribe or as the Chief Officer thinks fit to appoint.\n\t(2)\tThe Chief Officer, or the regulations, may provide that an employee of SASES is not eligible for appointment to a specified rank or ranks within the SASES.\n\t(3)\tThe relative authority of each officer and member of SASES will be in accordance with a command structure determined by the Chief Officer.\n\t(4)\tEach officer or member of SASES must recognise the authority and obey the directions of an officer to whom that officer or member is subordinate.\n\t(5)\tThe Chief Officer may, on reasonable grounds—\n\t(a)\tdemote a person who holds a particular rank in SASES;\n\t(b)\tdisqualify a person from holding a rank in SASES;\n\t(c)\tdisqualify a person from membership of SASES;\n\t(d)\texercise any other disciplinary power in accordance with the regulations.\n\t(6)\tBefore taking action against a person under subsection (5), the Chief Officer must give the person a reasonable opportunity to appear before the Chief Officer (either personally or through the person's representative) and to make submissions in relation to the proposed course of action.\nDivision 5—Powers and duties relating to emergencies\nSubdivision 1—Exercise of control at scene of emergency\n117—Exercise of control at scene of emergency\n\t(a)\tan emergency has arisen or is imminent; and\n\t(b)\tno other body or person has lawful authority to assume control, or a body or person with lawful authority to assume control has not done so; and\n\t(c)\tan SASES unit has attended,\nthen the most senior member of SASES in attendance may assume control (and all members of SASES, and all other persons present at the scene, will be subject to his or her control).\n\t(a)\tderogates from the powers of the Chief Officer of SASES to assume control of any operations; or\n\t(b)\tprevents a member of SASES who has taken control of any operations surrendering control of those operations to any other body or person who has lawful authority to act in relation to the particular emergency; or\n\t(c)\tprevents another person or body with lawful authority to do so assuming control at the scene of an emergency.\nSubdivision 2—Exercise of powers at scene of emergency\n118—Powers\n\t(1)\tAn officer of SASES 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 an emergency or the threat of an 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).\n\t(2)\tWithout 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)—\n\t(a)\tenter and, if necessary, break into any land, building, structure or vehicle (using such force as is necessary);\n\t(b)\ttake possession of, protect or assume control over any land, body of water, building, structure, vehicle or thing;\n\t(c)\tremove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing;\n\t(d)\tdirect 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;\n\t(e)\tremove, or cause to be removed, to such place as the authorised person may determine, any person or animal, or direct the evacuation or removal of any person or animal;\n\t(g)\tremove 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;\n\t(h)\tcause 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;\n\t(iii)\tto contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or\n\t(iv)\tto shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device;\n\t(j)\tshut off, or cut off, the supply of water or any drainage facility;\n\t(k)\tmake use of the gratuitous services of any person;\n\t(l)\tdirect, insofar as may be reasonably necessary in the circumstances, any person to assist in the exercise of any power under this section;\n\t(m)\texercise any prescribed power.\n\t(3)\tIn the absence of an officer, the powers of an officer under subsection (1) or (2) may be exercised by any member of SASES.\n\t(4)\tA person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of an officer of SASES or of any other person given in accordance with subsection (1) or (2).\n\t(4a)\tIf an officer of SASES, acting in relation to an 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 SASES as a debt from the owner of the dangerous structure, object, substance or materials in a court of competent jurisdiction.\n\t(4b)\tThe Chief Officer may determine that the powers of an officer under subsection (4a) may only be exercised by officers of or above a certain rank.\n\t(4c)\tIn any proceedings under subsection (4a), 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.\n\t(5)\tThis section operates subject to the provisions of the Emergency Management Act 2004.\nSubdivision 3—Related matter\n119—Supply of gas or electricity\nA person or company supplying gas or electricity to any premises or other place where an 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).\nDivision 6—Related matters\n120—Accounts and audit\n\t(1)\tSASES must keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe Auditor-General must audit the annual statements of account required under subsection (1).\n\t(3)\tThe accounts of an SASES unit are not required to be audited by the Auditor-General but must be audited in accordance with the regulations.\n121—Annual reports\n\t(1)\tSASES must, on or before 30 September in each year, deliver to the Commission a report on the activities of SASES during the preceding financial year (and need not provide a report under the Public Sector Act 2009).\n\t(b)\tinclude any other information that would be required if SASES were reporting under the Public Sector Act 2009; and\n122—Common seal and execution of documents\n\t(a)\texecute a document on behalf of SASES; and\n\t(b)\taffix the common seal of SASES to a document.\n\t(2)\tThe 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.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of SASES.\n\t(4)\tA document is duly executed by SASES if—\n\t(a)\tthe common seal of SASES is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of SASES by a person or persons in accordance with any authority conferred under this section.\n\t(5)\tIf an apparently genuine document purports to bear the common seal of SASES, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of SASES has been duly affixed to that document.\n123—S.A.S.E.S. Volunteers' Association Incorporated\n\t(1)\tS.A.S.E.S. Volunteers' Association Incorporated is recognised as an association that represents the interests of members of SASES units.\n\t(2)\tThe association may take such steps as may be reasonably available to it to advance the interests of members of SASES units.\n","sortOrder":25},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n124—Investigations\n\t(1)\tAn authorised officer may, with or without assistance—\n\t(a)\tenter and inspect any land, building, structure, vehicle or other place for the purpose of determining the cause of a fire or other emergency;\n\t(b)\ttake possession of any land, building, structure, vehicle or other thing for the purpose of any investigation or inquiry into the cause of a fire or other emergency;\n\t(c)\tremove any object, material or other thing that may tend to establish the cause of a fire or other emergency;\n\t(d)\tretain possession of any object, material or other thing for the purpose of any investigation or inquiry into the cause of a fire or other emergency.\nauthorised officer means—\n\t(a)\tan officer or other member of an emergency services organisation, authorised by the Chief Officer of the emergency services organisation to act as an authorised officer under this section; or\n\t(b)\ta police officer; or\n\t(c)\tsome other person authorised by the Commission to act as an authorised officer under this section.\n125—Obstruction etc\n\t(1)\tA person must not hinder or obstruct a member of an emergency services organisation or any other person in the exercise or performance of any power or function under this Act (including a person acting under the authority of, or complying with an order given by, a person or a court under this Act).\n\t(a)\ta person is given a direction by a person exercising a power or function under this Act; and\n\t(b)\tthe person, without lawful excuse, fails to comply with the direction; and\n\t(c)\tno other offence is specifically prescribed with respect to such a failure,\nthen the person is guilty of an offence under this subsection.\n126—Impersonating an emergency services officer etc\n\t(1)\tA person must not falsely represent that he or she is a member of an emergency services organisation or other person with responsibilities under this Act.\n\t(2)\tA person must not, without lawful authority—\n\t(a)\twear any insignia or special apparel issued to a member of an emergency services organisation for the purposes of this Act; or\n\t(b)\tuse any special equipment issued to a member of an emergency services organisation for the purposes of this Act,\nin circumstances where to do so would lead to a reasonable belief that he or she was a member of an emergency services organisation.\n127—Protection from liability\n\t(1)\tNo civil or criminal liability will attach to a member of an emergency services organisation, a person appointed or authorised to act under this Act by the Commission, or other person for an honest act or omission—\n\t(a)\tin the exercise or discharge, or purported exercise or discharge, of a power or function under this Act; or\n\t(b)\tin the carrying out of any direction or requirement given or imposed at the scene of a fire or other emergency.\n\t(2)\tA liability that would, but for subsection (1), lie against a person lies instead against the Crown.\n\t(3)\tA person (the injured person) who suffers injury, loss or damage as a result of the act or omission of a member of an emergency services organisation who is a volunteer may not sue the member personally unless—\n\t(a)\tit is clear from the circumstances of the case that the immunity conferred by subsection (1) does not extend to the case; or\n\t(b)\tthe injured person brings an action in the first instance against the Crown but the Crown then disputes, in a defence filed to the action, that it is liable for the act or omission of the member.\n\t(4)\tWithout limiting subsection (1), no liability attaches to SACFS, the State Bushfire Coordination Committee, a bushfire management committee or a council (or the members of any of them) by virtue of the fact that a bushfire prevention plan—\n\t(a)\thas not been prepared under this Act in relation to a particular part of this State; or\n\t(b)\thas been so prepared but has not been implemented, or fully implemented.\n127A—Employment\nA person who is absent from employment on official duties as a member of an emergency services organisation, in connection with a fire or other emergency, is not liable to be dismissed or prejudiced in employment by reason of that absence.\n128—Exemption from certain rates and taxes\nAll emergency services organisations are exempt from—\n\t(a)\twater and sewerage rates;\n\t(b)\tland tax;\n\t(c)\tthe emergency services levy.\n129—Power to provide sirens\nAn emergency services organisation or a council may erect a siren in a suitable place for the purpose of giving warning of the outbreak or threat of a fire or the occurrence or threat of an emergency, and may test and use the siren.\n130—Provision of uniforms\nA body within the emergency services sector may furnish its officers, members and employees with such uniforms and insignias as it thinks suitable.\n131—Protection of names and logos\nofficial insignia means—\n\t(a)\tany logo declared by the Commission by notice in the Gazette to be a logo for the purposes of this section; and\n\t(b)\tany of the following (whether appearing or used in full or in an abbreviated form or alone or in combination with other words or symbols):\n\t(i)\t\"South Australian Fire and Emergency Services Commission\", \"SAFECOM\" and \"SAFESC\";\n\t(ii)\t\"South Australian Metropolitan Fire Service\", \"SAMFS\" or \"MFS\";\n\t(iii)\t\"South Australian Country Fire Service\", \"SACFS\" or \"CFS\";\n\t(iv)\t\"South Australian State Emergency Service\", \"SASES\" or \"SES\";\n\t(v)\tany other name, title or expression declared by the Commission by notice in the Gazette to be an official title for the purposes of this section; and\n\t(c)\tany combination of a logo under paragraph (a) and a name, title or expression under paragraph (b).\n\t(2)\tThe Commission must not make a declaration under subsection (1) without the consent of the Minister.\n\t(3)\tA person must not, without the consent of the Commission, assume a name or description that consists of, or includes, official insignia.\n\t(4)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to the Commission);\n\t(b)\tmay be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent;\n\t(c)\tmay be revoked by the Commission for breach of a condition, or for any other reasonable cause, by notice in writing given personally or by post to a person who has the benefit of the consent.\n\t(5)\tThe Supreme Court may, on the application of the Commission, grant an injunction to restrain a breach of this section.\n\t(6)\tThe court by which a person is convicted of an offence against this section may, on the application of the Commission—\n\t(a)\torder the convicted person to pay compensation of an amount fixed by the court to the Commission;\n\t(b)\torder the convicted person to surrender any item that bears any official insignia to the Commission.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the Commission, or any emergency services organisation, apart from those subsections.\n132—Attendance by police\n\t(1)\tPolice must, at the request of SAMFS, SACFS or SASES, attend at the scene of a fire or other emergency in order to preserve order or to assist at the scene.\n\t(2)\tA police officer attending at the scene of a fire or other emergency may—\n\t(a)\tremove to such place as the police officer thinks fit any person who obstructs or threatens to obstruct any operations under this Act; and\n\t(b)\tact to co-ordinate operations at the scene of the fire or other emergency; and\n\t(c)\texercise any other power or function that appears to be necessary or desirable in the circumstances.\n133—Disclosure of information\n\t(1)\tA member of an emergency services organisation, a fire prevention officer, a fire control officer, a police officer or an authorised officer may direct a person who he or she reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity.\n\t(2)\tA person to whom a direction is given under subsection (1) must immediately comply with the direction.\n\t(3)\tIn this section—\nauthorised officer means a person authorised by the Commission (either personally or by the designation of a class of persons) to exercise the powers of an authorised officer under this section.\n134—Unauthorised fire brigades\n\t(1)\tA person must not, without the approval of the Commission or the Chief Officer of SACFS, be a member of a fire brigade in the country that is not an SACFS organisation.\nMaximum penalty: $1 250.\nfire brigade means a group of people equipped to deal with fires on behalf of a local community.\n135—Interference with fire plugs, fire alarms etc\nA person must not without reasonable excuse—\n\t(a)\tconceal, remove, damage, interfere with or obstruct access to—\n\t(i)\ta fireplug, hydrant, booster or suction point; or\n\t(ii)\ta mark or sign used for the purpose of indicating the presence or position of a fireplug, hydrant, booster or suction point; or\n\t(iii)\ta fire alarm or signalling device for giving notice of fire or other emergency; or\n\t(b)\tgive a false alarm of fire or other emergency.\n136—False or misleading statements\nA person must not, in furnishing information under this Act, make a statement that is false or misleading in a material particular.\n137—Continuing offences\n\t(1)\tIf a person is convicted of an offence against this Act and after that conviction the act or omission of that person that constituted the offence continues, the person is guilty of a further offence, and is liable to an additional penalty for each day on which the act or omission continues of an amount not exceeding one-tenth of the maximum penalty for the offence of which the person was convicted.\n\t(2)\tFor the purposes of subsection (1), an obligation to do something is to be regarded as continuing until the act is done, notwithstanding that any period within which, or time before which, the act is required to be done, has expired or passed.\n138—Offences by body corporate\n\t(1)\tIf a body corporate is guilty of an offence against this Act (other than an offence against the regulations), each director and the manager of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—\n\t(a)\tthe director or manager (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director or manager (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director or manager (as the case may be) failed to exercise due diligence to prevent the commission of the offence.\n\t(2)\tSubsection (1) does not apply if the principal offence is an offence against section 40, 79, 87, 89, 91, 125, 126, 131, 133, 134, 135, 136 or 142.\n\t(3)\tA person may be prosecuted and convicted of an offence under this section whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.\n\t(4)\tThe regulations may make provision in relation to the criminal liability of a director or manager of a body corporate that is guilty of an offence against the regulations.\n139—Onus of proof\nIn any proceedings for an offence against this Act in which it is established that the defendant lit or maintained a fire during the fire danger season or on a day on which a total fire ban was imposed, the onus lies on the defendant to prove some lawful authorisation to light or maintain the fire.\n140—Evidentiary\nAn allegation in any proceedings under this Act that on a particular date or during a particular period—\n\t(a)\ta specified person was or was not the owner or occupier of specified land; or\n\t(b)\ta specified person was the holder of a specified delegation or authority under this Act; or\n\t(c)\ta specified person was or was not a member of an emergency services organisation, a fire prevention officer, a fire control officer or another officer appointed under this Act; or\n\t(d)\ta specified order, direction or requirement under this Act was in force; or\n\t(e)\ta specified person was not the holder of a specified permit under this Act,\nmust, in the absence of proof to the contrary, be accepted as proved.\n141—Insurance policies to cover damage\n\t(1)\tA policy of insurance against damage or loss of property caused by a specified kind of emergency will be taken to extend to damage or loss arising from measures taken by a person acting in pursuance of an authority conferred by or under this Act at the scene of an emergency of the specified kind.\n\t(2)\tA term of a policy of insurance that purports to vary or exclude the operation of subsection (1) is void.\n142—Payment of costs and expenses for certain vessels and property\n\t(1)\tIf an SAMFS fire brigade, an SACFS brigade or an SASES unit attends at the scene of a fire or other emergency occurring on a prescribed vessel, the costs and expenses incurred in attending are recoverable by the relevant entity as a debt from the owner of the vessel and the owner of any personal property that is in the vessel at the time of the fire or other emergency.\n\t(2)\tIf the owners of personal property are liable under subsection (1), the relevant entity—\n\t(a)\tmust apportion the costs and expenses between the owner of the personal property and the owner of the vessel; and\n\t(b)\tmust cause a written notice indicating the apportionment to be served on the owner of the personal property and the owner of the vessel.\n\t(3)\tA notice under subsection (2)(b) is final and binding on all parties.\n\t(4)\tThe Crown is not, under any circumstances, liable to pay the costs and expenses referred to in this section or any part of such costs and expenses.\n\t(5)\tIn any proceedings under this section, a certificate apparently signed by the Chief Officer of the relevant entity certifying the cost of the attendance is, in the absence of proof to the contrary, to be accepted as proof of the costs and expenses incurred in attending.\n\t(6)\tThe Chief Officer of the relevant entity or an authorised officer may, without any warrant or authority other than this Act, distrain a vessel or the tackle or goods of a vessel in respect of which any costs and expenses are owed to the relevant entity pursuant to this section.\n\t(7)\tIf the costs and expenses owed to the relevant entity pursuant to this section are not paid with 7 days after the distress, the relevant entity may cause the property distrained or any part of the property distrained to be sold, and out of the proceeds of the sale may pay the amount of the costs and expenses and the costs and expenses of the distress, keeping and sale to the relevant entity.\n\t(8)\tIf the owner of the vessel or the owner of the personal property evades or attempts to evade the payment of the costs and expenses owed to the relevant entity, he or she is guilty of an offence.\n\t(9)\tIn this section—\nauthorised officer means a person authorised by the Chief Officer of SAMFS, the Chief Officer of SACFS or the Chief Officer of SASES;\nprescribed vessel means any vessel other than a vessel for which an emergency services levy under the Emergency Services Funding Act 1998 has been paid;\nrelevant entity means—\n\t(a)\tin relation to an SAMFS fire brigade—SAMFS;\n\t(b)\tin relation to an SACFS brigade—SACFS;\n\t(c)\tin relation to an SASES unit—SASES.\n143—Fees\n\t(1)\tAn organisation within the emergency services sector may impose prescribed fees and charges in connection with the provision of any service of a prescribed kind undertaken in the performance of its functions.\n\t(2)\tThe regulations may, for example, prescribe a fee or charge in connection with any of the following:\n\t(a)\tthe attendance at any premises or place in response to a false or unwanted alarm;\n\t(b)\tthe monitoring of any alarm or situation;\n\t(c)\tthe provision of any advice or report;\n\t(d)\tthe provision, inspection, testing, servicing or repairing of any plant or equipment;\n\t(e)\tthe provision of assistance to clean-up any place after an accident or other incident involving the spillage or escape of any substance or material;\n\t(f)\tthe performance of any recovery operations;\n\t(g)\tthe conducting of any training course.\n\t(3)\tA fee or charge may be fixed by reference to any factor prescribed by the regulations.\n\t(4)\tThe regulations may prescribe an additional fee, or a method for the calculation of an additional fee, for the late payment of prescribed fees and charges generally, or of any particular prescribed fees or charges.\n144—Services\n\t(1)\tAn emergency services organisation may permit any fire brigade, brigade or unit within the organisation (as the case may be) to be engaged on special service at such remuneration and on such terms as the emergency services organisation may determine.\n\t(2)\tWithout limiting subsection (1), a fire brigade, brigade or unit may undertake by agreement with the owner or occupier of land to clear bush, grass or other flammable material from the land, or to undertake any other work on the land, for the purpose of preventing or inhibiting the outbreak of fire on the land, or the spread of fire through the land, or for the purpose of dealing with any other emergency on the land.\n\t(3)\tAny money received by a fire brigade, brigade or unit in undertaking any activity under this section must (after deducting expenses) be used for the purposes of this Act (and, in the case of an SACFS brigade, for the purpose of its operations in its local area).\n145—Acting outside the State\n\t(1)\tAn organisation within the emergency services sector may make any of its staff or members, and any equipment or facilities, available to assist in dealing with any fire or other emergency, or the threat of any fire or other emergency, at a place outside the State.\n\t(2)\tAn organisation may act under subsection (1) on such terms and conditions as the organisation may determine.\n146—Recognised interstate organisations\n\t(1)\tA member of a recognised interstate organisation who is present at the scene of a fire or other emergency in this State may, if there is no officer of an emergency services organisation in control of operations to deal with the fire or other emergency, exercise any power vested in an officer of an emergency services organisation under this Act.\nrecognised interstate organisation means an organisation formed outside this State and declared by the Commission or a Chief Officer of an emergency services organisation, by notice published in the Gazette, to be a recognised interstate organisation.\n147—Inquests\n\t(1)\tThe Commission or any emergency services organisation is entitled to be heard at any inquest into the causes of a fire or other emergency and may be represented at the inquest by counsel or by one of its officers.\n\t(2)\tFor the purposes of subsection (1), an officer of the Commission will be a person designated as an officer by the Commission.\n148—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), regulations may be made with respect to any of the matters specified in Schedule 5.\n\t(3)\tA regulation under this Act—\n\t(a)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(b)\tmay be of general or limited application;\n\t(c)\tmay provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or any other person or body prescribed by the regulations;\n\t(d)\tmay—\n\t(i)\texempt, or empower the Minister to exempt, a person, or a person of a class, from the operation of any provision of this Act;\n\t(ii)\tdeclare that this Act, or any provision of this Act, does not apply, or applies with prescribed variations, to, or in relation to—\n\t(A)\ta circumstance or situation (or circumstance or situation of a prescribed class); or\n\t(B)\ta place or area within the State,\nspecified in the regulation.\n\t(4)\tA regulation under subsection (3)(d) may operate subject to such limitations and conditions as may be specified in the regulation.\n\t(5)\tThe regulations may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body or person, either as in force at the time the regulations are made or as in force from time to time.\n\t(6)\tWhere the regulations refer to or incorporate a code, standard or other document, then—\n\t(a)\ta copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and\n\t(b)\tin any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and\n\t(c)\tthe code, standard or other document has effect as if it were a regulation made under this Act.\n149—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be conducted.\n\t(1a)\tThe review must relate to the period between the commencement of the Fire and Emergency Services (Review) Amendment Act 2009 and 30 March 2013.\n\t(2)\tThe Minister must ensure that a review under this section is conducted by a person who has, in the opinion of the Minister, appropriate knowledge and experience to undertake the review but who is not a member or former member of an emergency services organisation.\n\t(3)\tThe review must be commenced as soon as is reasonably practicable after 30 March 2013 and the report must be submitted to the Minister by 30 September 2013.\n\t(5)\tThe Minister must, within 12 sitting days after receiving the report under this section, have copies of the report laid before both Houses of Parliament.\n","sortOrder":26},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Appointment and selection of supplementary panel members for reviews under Part 3","content":"Schedule 1—Appointment and selection of supplementary panel members for reviews under Part 3\n\t(1)\tFor the purposes of proceedings before SAET, there will be the following panels of supplementary panel members:\n\t(a)\ta panel of persons nominated by the Chief Officer of SAMFS;\n\t(b)\ta panel of officers nominated by UFU;\n\t(c)\ta panel of firefighters nominated by UFU.\n\t(2)\tIn exercising its powers under the South Australian Employment Tribunal Act 2014 for the purposes of this Act, SAET will, if the President of SAET so determines, be constituted by 3 members selected by the President of whom—\n\t(a)\t1 will be selected from the panel of nominees of the Chief Officer of SAMFS; and\n\t(b)\t—\n\t(i)\tif the applicant is an officer—1 will be selected from the panel of officers nominated by UFU; or\n\t(ii)\tif the applicant is a firefighter—1 will be selected from the panel of firefighters nominated by UFU.\n","sortOrder":27},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Code of conduct to be observed by officers and firefighters for the purposes of Part 3","content":"Schedule 2—Code of conduct to be observed by officers and firefighters for the purposes of Part 3\nAn officer or a firefighter—\n\t(a)\tmust 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;\n\t(b)\tmust not, without proper excuse, disobey an order of an officer or firefighter who is of superior rank and must not be guilty of insubordination;\n\t(c)\tmust not neglect his or her duty—\n\t(i)\tby failing to carry out duties promptly and diligently;\n\t(ii)\tby 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;\n\t(iii)\tin any other manner;\n\t(d)\tmust not be negligent in the performance of his or her duty under this Act;\n\t(e)\tmust not exercise his or her authority under this Act in an unnecessarily oppressive manner;\n\t(f)\tmust not, without proper excuse, damage or destroy, or permit the damage or destruction of, property belonging to SAMFS;\n\t(g)\tmust 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;\n\t(h)\tmust not, without proper authority, alter or remove an entry in a book, document or other record belonging to SAMFS;\n\t(i)\tmust not, without proper excuse, use property belonging to SAMFS for an unauthorised purpose;\n\t(j)\tmust not knowingly make a false or misleading statement in the course of his or her duty under this Act;\n\t(k)\tmust not fail to account for money or property of SAMFS that comes into his or her possession;\n\t(l)\tmust not use his or her position as an officer or firefighter to obtain an ulterior pecuniary or material benefit;\n\t(m)\tmust 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\t(n)\tmust 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;\n\t(o)\tmust not, while on duty, engage in gambling;\n\t(p)\tmust 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;\n\t(q)\tmust not, without proper excuse, fail to be of clean and tidy appearance and of courteous demeanour when in uniform in a public place;\n\t(r)\tmust not divulge to the public confidential information acquired by him or her in the course of his or her duty;\n\t(s)\tmust not, without proper authority, make a public statement purporting to be made on behalf of the Chief Officer or SAMFS.\n","sortOrder":28},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Regulations","content":"Schedule 5—Regulations\n","sortOrder":29},{"sectionNumber":"1","sectionType":"section","heading":"The giving of notice to a prescribed person or body in prescribed circumstances.","content":"1\tThe giving of notice to a prescribed person or body in prescribed circumstances.\n2\tThe provision of reports, documents or other forms of information to any person or body that performs a function under this Act.\n3\tThe payment of fees and charges for any service rendered by an organisation within the emergency services sector or other body under this Act.\n","sortOrder":30},{"sectionNumber":"4","sectionType":"section","heading":"With respect to SAMFS—","content":"4\tWith respect to SAMFS—\n\t(a)\tprovide for the discipline of fire brigades, and of the officers and other members of fire brigades;\n\t(b)\tprovide for the practice and procedure of the Disciplinary Committee under Part 3 Division 7.\n","sortOrder":31},{"sectionNumber":"5","sectionType":"section","heading":"With respect to SACFS—","content":"5\tWith respect to SACFS—\n\t(a)\tmake any provision with respect to the formation, constitution, rules and operations of SACFS organisations, and any related organisational or administrative matters;\n\t(b)\tmake any provision with respect to—\n\t(i)\tthe eligibility of persons to be members of SACFS organisations;\n\t(ii)\tthe registration, training, functions and duties of the members of SACFS organisations;\n\t(iii)\tmanagement matters relating to membership of SACFS organisations;\n\t(c)\tmake any provision with respect to—\n\t(i)\tthe determination of complaints against members of SACFS organisations;\n\t(ii)\tthe disciplining, in appropriate cases, of members of SACFS organisations.\n","sortOrder":32},{"sectionNumber":"6","sectionType":"section","heading":"With respect to SASES—","content":"6\tWith respect to SASES—\n\t(a)\tmake any provision with respect to the formation, constitution, rules and operations of SASES units, and any related organisational or administrative matters;\n\t(b)\tmake any provision with respect to—\n\t(i)\tthe eligibility of persons to be members of SASES units;\n\t(ii)\tthe registration, training, functions and duties of the members of SASES units;\n\t(iii)\tmanagement matters relating to membership of SASES units;\n\t(c)\tmake any provision with respect to—\n\t(i)\tthe determination of complaints against members of SASES units;\n\t(ii)\tthe disciplining, in appropriate cases, of members of SASES units.\n","sortOrder":33},{"sectionNumber":"7","sectionType":"section","heading":"Any matter relevant to—","content":"7\tAny matter relevant to—\n\t(a)\tthe 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\n\t(b)\tthe prevention or mitigation of, or the means of dealing with, other emergencies; or\n\t(c)\tthe safety of life or property in the event of a fire or other emergency.\n","sortOrder":34},{"sectionNumber":"7A","sectionType":"section","heading":"Any matter relevant to the establishment or operations of industry brigades.","content":"7A\tAny matter relevant to the establishment or operations of industry brigades.\n8\tAny 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.\n9\tRegulate the design, construction, maintenance and use of fire alarms and other equipment or facilities associated with dealing with any fire or other emergency.\n10\tThe prescription of any form for the purposes of this Act.\n11\tThe procedures associated with any process under this Act, including the service of any notice or other document.\n12\tThe design or use of any uniform, badge or insignia.\n13\tThe holding of coronial inquests at the request of the Commission or an emergency services organisation in prescribed cases.\n14\tFixing expiation fees, not exceeding $500, for alleged offences against the Act or regulations.\n15\tEvidence in proceedings for an offence against the regulations.\n16\tThe imposition of penalties, not exceeding $10 000, for a contravention of, or failure to comply with, a regulation.\n17\tThe making of provisions of a saving or transitional nature consequent on the amendment of this Act by any other Act.\nSchedule 6—Transitional provisions\nPart 11—Transitional provisions\n14—Special provisions relating to the repeal of the Country Fires Act 1989\nrelevant Act means the Country Fires Act 1989.\n\t(2)\tAny real or personal property of the Country Fire Service Board become, on the commencement of this clause, property of SACFS.\n\t(3)\tAny 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.\n\t(4)\tA 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.\n\t(5)\tThe 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).\n\t(6)\tAll 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.\n\t(7)\tAll C.F.S. regions under the relevant Act become, on the commencement of this clause, SACFS regions under this Act.\n\t(8)\tAll money standing to the credit of the Country Fire Service Fund will, after the commencement of this clause, be managed by SACFS.\n\t(9)\tAll 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).\n\t(10)\tA 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.\n\t(11)\tAny 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.\n15—Specific provisions relating to the repeal of the South Australian Metropolitan Fire Service Act 1936\nrelevant Act means the South Australian Metropolitan Fire Service Act 1936.\n\t(2)\tThe 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).\n\t(3)\tAll 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.\n\t(4)\tAll fire districts under the relevant Act become, on the commencement of this clause, SAMFS fire districts under this Act.\n\t(5)\tA 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.\n\t(6)\tA 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.\n16—Specific provisions relating to the repeal of the State Emergency Service Act 1987\nrelevant Act means the State Emergency Service Act 1987.\n\t(2)\tThe 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).\n\t(3)\tAll 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.\n17—Staff\n\t(1)\tThe 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—\n\t(a)\tthe staff of the Commission; or\n\t(b)\tthe staff of an emergency services organisation,\n(so that the person will then be an employee of the Commission or organisation (as the case may be)).\n\t(2)\tA 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.\n\t(3)\tSubclause (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).\n\t(4)\tThe Minister must consult with—\n\t(a)\tthe Commissioner for Public Employment; and\n\t(b)\tany registered association that represents the interests of any person who is being transferred,\nbefore acting under subclause (1).\n\t(5)\tThe 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—\n\t(a)\tthe staff of the Commission; or\n\t(b)\tthe staff of another emergency services organisation,\n(so that the person will then be an employee of the Commission or the other organisation (as the case may be)).\n\t(6)\tThe Minister must consult with—\n\t(a)\tthe Commissioner for Public Employment; and\n\t(b)\tany registered association that represents the interests of any person who is being transferred,\nbefore 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.\n\t(7)\tDespite 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.\n18—Presiding member of Commission\n\t(1)\tDespite 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.\n\t(2)\tThe following provisions will apply if a person is appointed pursuant to subclause (1):\n\t(a)\tthe person will be appointed on conditions determined by the Governor and for a term specified in the instrument of appointment;\n\t(b)\tthe person will be taken to be an ex officio member of the Board for the purposes of the other provisions of this Act.\n19—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA 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.\n\t(3)\tTo 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—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe 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.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\n1.1.2024\nSchedules\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Fire and Emergency Services Act 2005 repealed the following:\nCountry Fires Act 1989\nSouth Australian Metropolitan Fire Service Act 1936\nState Emergency Service Act 1987\nLegislation amended by principal Act\nThe Fire and Emergency Services Act 2005 amended the following:\nDevelopment Act 1993\nElectricity Act 1996\nEmergency Services Funding Act 1998\nEssential Services Act 1981\nGas Act 1997\nLocal Government Act 1999\nPrivate Parking Areas Act 1986\nSummary Offences Act 1953\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Fire and Emergency Services Act 2005\n14.7.2005\n1.10.2005 (Gazette 29.9.2005 p3547)\n Statutes Amendment (Public Sector Employment) Act 2006\nPt 12 (ss 46—58)—1.4.2007 (Gazette 29.3.2007 p930)\n Statutes Amendment (Domestic Partners) Act 2006\nPt 35 (s 103)—1.6.2007 (Gazette 26.4.2007 p1352)\n Statutes Amendment (Justice Portfolio) Act 2006\nPt 14 (ss 22—25)—18.1.2007 (Gazette 18.1.2007 p234)\n Statute Law Revision Act 2008\n Statutes Amendment (Public Health Incidents and Emergencies) Act 2009\nPt 5 (ss 14—21)—25.6.2009\n Fire and Emergency Services (Review) Amendment Act 2009\n1.10.2009\n1.11.2009 (Gazette 29.10.2009 p4983)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 63 (ss 141—158)—1.2.2010 (Gazette 28.1.2010 p320)\n South Australian Public Health Act 2011\n16.6.2011\nSch 1 (cl 7)—16.9.2012 (Gazette 30.8.2012 p3945)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 19 (ss 38 & 39)—17.6.2013 (Gazette 6.6.2013 p2498)\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 13 (ss 73 & 74)—1.7.2015 (Gazette 25.6.2015 p3076)\n Statutes Amendment (South Australian Employment Tribunal) Act 2016\n8.12.2016\nPt 10 (ss 101—107)—1.7.2017 (Gazette 16.5.2017 p1221)\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 11 (s 43)—19.3.2021 (Gazette 4.3.2021 p823); ss 41 & 42—uncommenced—will not be brought into operation\n Fire and Emergency Services (Volunteer Charters) Amendment Act 2019\n Statutes Amendment and Repeal (Simplify) Act 2019\nPt 17 (ss 31 & 32)—3.10.2019: s 2(1)\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cll 19 to 22)—1.7.2020 (Gazette 25.6.2020 p3502)\n Fire and Emergency Services (Miscellaneous) Amendment Act 2020\n7.5.2020\n15.2.2021 (Gazette 11.2.2021 p345)\n Fire and Emergency Services (Governance) Amendment Act 2021\n20.5.2021\n2.8.2021 (Gazette 29.7.2021 p2915)\n Public Holidays Act 2023\n7.12.2023\nSch 1 (cl 9)—1.1.2024: s 2\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cll 21 to 24)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\nLong title\namended under Legislation Revision and Publication Act 2002\n\namended by 44/2009 s 4\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\n\nappointed member\namended by 15/2021 s 4\naward\namended by 63/2016 s 101(1)\nbusiness day\ninserted by 8/2020 s 4(1)\n\ndeleted by 39/2023 Sch 1 cl 9\n1.1.2024\ndepartment\namended by 84/2009 s 141(1), (2)\ndesignated urban bushfire risk area\ninserted by 44/2009 s 5(1)\nDistrict Court\ndeleted by 44/2009 s 5(2)\ndomestic partner\ninserted by 43/2006 s 103(1)\nemergency\namended by 29/2009 s 14\nfire prevention officer\nsubstituted by 44/2009 s 5(3)\nIndustrial Relations Commission\ninserted by 44/2006 s 22\n\ndeleted by 63/2016 s 101(2)\nindustry brigade\ninserted by 8/2020 s 4(2)\nland\ninserted by 44/2009 s 5(4)\nofficer\namended by 44/2009 s 5(5)\npublic sector agency\namended by 84/2009 s 141(3)\nrelative\namended by 9/2008 s 2 (Sch 1)\nSACFS brigade\ninserted by 8/2020 s 4(3)\nSAET\ninserted by 63/2017 s 101(3)\nspouse\nsubstituted by 43/2006 s 103(2)\ns 3(1a) and (1b)\ninserted by 8/2020 s 4(4)\ns 3(3)\namended by 44/2009 s 5(6)\ns 3(4)\namended by 43/2006 s 103(3)—(5)\ns 4A\ninserted by 44/2009 s 6\nPt 2\n\nPt 2 Div 2\n\ns 8\n\ns 8(1)\namended by 44/2009 s 7\n\namended by 15/2021 s 5\nPt 2 Div 3\n\ns 10\n\ns 10(1)\namended by 44/2009 s 8(1)\ns 10(1a)\ninserted by 44/2009 s 8(2)\ns 10(2)\namended by 44/2009 s 8(3)\ns 11\n\ns 11(1)\namended by 44/2009 s 9(1)—(3)\n\namended by 15/2021 s 6\ns 14\n\ns 14(1)\namended by 15/2021 s 7\ns 14(2)\nsubstituted by 44/2009 s 10(1)\ns 14(3)\namended by 44/2009 s 10(2)\ns 14(4)\ndeleted by 44/2009 s 10(3)\ns 14(6)\namended by 44/2009 s 10(4)\ns 15\ndeleted by 44/2009 s 11\ns 15\ninserted by 84/2009 s 142\nPt 2 Div 4\n\ns 16\n\ns 16(3)\namended by 44/2009 s 12(1), (2)\ns 17\n\ns 17(1)\ns 17 amended and redesignated as s 17(1) by 41/2006 s 46(1)—(3)\n\namended by 84/2009 s 143\ns 17(2)\ninserted by 41/2006 s 46(3)\ns 17A\ninserted by 44/2009 s 13\nPt 2 Div 5\nsubstituted by 44/2009 s 14\nPt 2 Div 7\n\ns 22\n\ns 22(1)\namended by 84/2009 s 144(1)\ns 22(2)\namended by 84/2009 s 144(2)\nPt 3\n\ns 26\n\ns 26(3)\namended by 8/2020 s 5\ns 27\n\ns 27(3)\namended by 84/2009 s 145\ns 28\n\ns 28(1)\namended by 41/2006 s 47\ns 28(2)\namended by 84/2009 s 146\ns 29\n\ns 29(2)\namended by 44/2006 s 23(1)—(3)\n\namended by 63/2016 s 102(1), (2)\ns 29(5)\namended by 41/2006 s 48\ns 30\n\ns 30(1)\namended by 41/2006 s 49\ns 31\n\ns 31(4)\ninserted by 41/2006 s 50\ns 37\n\ns 37(4)\namended by 8/2020 s 6(1)\ns 37(5)\namended by 8/2020 s 6(2), (3)\ns 38\n\ns 38(1)\namended by 8/2020 s 7(1), (2)\ns 38(2)\nsubstituted by 8/2020 s 7(3)\ns 38(2a)\ninserted by 8/2020 s 7(3)\ns 38(4)\namended by 8/2020 s 7(4)\ns 38(5)\nsubstituted by 8/2020 s 7(5)\ns 38(6)\namended by 8/2020 s 7(6)\ns 38(7)\namended by 8/2020 s 7(7)\ns 38(8)\namended by 8/2020 s 7(8)\ns 42\n\ns 42(2)\namended by 29/2009 s 15(1)—(3)\ns 42(4a) and (4b)\ninserted by 44/2009 s 15(1)\ns 42(5)\namended by 8/2020 s 8(1)\ns 42(5a)\ninserted by 8/2020 s 8(2)\ns 42(6a)\ninserted by 44/2009 s 15(2)\ns 44\namended by 29/2009 s 16\ns 48\n\ns 48(2)\namended by 44/2009 s 16\n\namended by 63/2016 s 103\ns 49 before substitution by 63/2016\n\ns 49(1)\namended by 44/2009 s 17\ns 49\nsubstituted by 63/2016 s 104\ns 50 before deletion by 63/2016\n\ns 50(1)\namended by 44/2009 s 18(1)\ns 50(2)\namended by 44/2009 s 18(2)\ns 51\namended by 44/2009 s 19\ns 50\ndeleted by 63/2016 s 104\ns 51\namended by 63/2016 s 105\ns 53\n\ns 53(1)\namended by 84/2009 s 147(1)\ns 53(2)\namended by 84/2009 s 147(2)\ns 56\ndeleted by 44/2009 s 20\nPt 4\n\nPt 4 Div 1\n\ns 58A\ninserted by 20/2019 s 3\nPt 4 Div 2\n\ns 59\n\ns 59(3)\namended by 8/2020 s 9\nPt 4 Div 3\n\ns 60\n\ns 60(3)\namended by 84/2009 s 148\ns 61\n\ns 61(1)\namended by 41/2006 s 51\ns 61(2)\namended by 84/2009 s 149\ns 62\n\ns 62(1)\namended by 41/2006 s 52\ns 63\n\ns 63(1)\namended by 41/2006 s 53\ns 64\n\ns 64(4)\ninserted by 41/2006 s 54\nPt 4 Div 5\n\ns 68\n\ns 68(1)\namended by 8/2020 s 10\ns 68(2)\namended by 44/2009 s 21(1)\ns 68(8)\nsubstituted by 44/2009 s 21(2)\ns 68(9)—(14)\ndeleted by 44/2009 s 21(2)\ns 69\n\ns 69(1)\namended by 44/2009 s 22\nPt 4 Div 5A\ninserted by 8/2020 s 11\nPt 4 Div 6\n\ns 70\n\ns 70(3)\namended by 8/2020 s 12(1)\ns 70(7a)\ninserted by 8/2020 s 12(2)\nPt 4 Div 6A\ninserted by 8/2020 s 13\nPt 4 Div 7\nsubstituted by 44/2009 s 23\ns 71\n\ns 71(2)\namended by 8/2015 s 73(1), (3)\n\n(b)(xvi) deleted by 8/2015 s 73(2)\n\namended by 33/2019 Sch 5 cl 19\n\namended by 8/2020 s 14(1)\n\namended by 5/2017 s 43\n19.3.2021\ns 71(9)\namended by 8/2020 s 14(2)\ns 71B\n\ns 71B(1)\namended by 84/2009 s 150\ns 71E\namended by 84/2009 s 151\ns 71E(1)\ns 71E amended and redesignated as s 71E(1) by 15/2021 s 8(1), (2)\ns 71E(2)\ninserted by 15/2021 s 8(2)\ns 72\n\ns 72(2)\namended by 33/2019 Sch 5 cl 20\ns 72C\n\ns 72C(1)\namended by 84/2009 s 152\nPt 4 Div 7A\ninserted by 44/2009 s 23\ns 73\n\ns 73(7)\namended by 84/2009 s 153\n\namended by 8/2015 s 74(1), (2)\n\namended by 33/2019 Sch 5 cl 21\ns 73A\n\ns 73A(7)\namended by 84/2009 s 154\n\namended by 33/2019 Sch 5 cl 22\nPt 4 Div 8\n\nPt 4 Div 8 Subdiv 1\n\ns 78\n\ns 78(2)\namended by 44/2009 s 24\ns 78(3)\nsubstituted by 25/2019 s 31\ns 79\n\ns 79(1)\namended by 44/2009 s 25(1)\ns 79(2)\nsubstituted by 44/2009 s 25(2)\ns 79(3) and (4)\ndeleted by 44/2009 s 25(2)\ns 79(5)\namended by 44/2009 s 25(3)\nPt 4 Div 8 Subdiv 2\n\ns 80\n\ns 80(2)\namended by 8/2020 s 15(1)\ns 80(3)\namended by 8/2020 s 15(2)\ns 80(5)\nsubstituted by 8/2020 s 15(3)\ns 80(6)\namended by 8/2020 s 15(4)\nPt 4 Div 8 Subdiv 3\n\ns 81\n\ns 81(2)\nsubstituted by 44/2009 s 26(1)\ns 81(10)\nsubstituted by 44/2009 s 26(2)\ns 81(11) and (12)\ndeleted by 44/2009 s 26(2)\ns 81(13a) and (13b)\ninserted by 8/2020 s 16\nPt 4 Div 8 Subdiv 4\n\ns 82\n\ns 82(2)\namended by 8/2020 s 17(1)—(3)\nPt 4 Div 8 Subdiv 5\ndeleted by 44/2009 s 27\nPt 4 Div 8 Subdiv 6\n\ns 86\n\ns 86(4)\namended by 16/2013 s 38\ns 88\ndeleted by 44/2009 s 28\ns 89\namended by 44/2009 s 29\ns 90\ndeleted by 44/2009 s 30\ns 91\n\ns 91(2)\n\ndesignated Act\ninserted by 44/2009 s 31(1)\ngovernment officer\namended by 44/2009 s 31(2)\nPt 4 Div 7 Subdiv 7\n\ns 92\ndeleted by 44/2009 s 32\ns 94\n\ns 94(4)\namended by 8/2020 s 18\ns 95A\ninserted by 44/2009 s 33\nPt 4 Div 9\n\ns 97\n\ns 97(2)\namended by 29/2009 s 17(1)—(3)\ns 97(8) and (9)\ndeleted by 8/2020 s 19(1)\ns 97(10)\namended by 8/2020 s 19(2)\ns 99\namended by 29/2009 s 18\nPt 4 Div 10\n\ns 101\n\ns 101(1)\namended by 84/2009 s 155(1)\ns 101(2)\namended by 44/2009 s 34\n\namended by 84/2009 s 155(2)\n\n(ab) deleted by 15/2021 s 9\nPt 4A\ninserted by 44/2009 s 35\ns 105F\n\ns 105F(9)\namended by 25/2019 s 32\ns 105IA\ninserted by 8/2020 s 20\nPt 5 Div 1\n\ns 107A\ninserted by 20/2019 s 4\nPt 5 Div 2\n\ns 108\n\ns 108(1)\namended by 29/2009 s 19\n\namended by 21/2011 Sch 1 cl 7\n16.9.2012\ns 108(3)\namended by 8/2020 s 21\nPt 5 Div 3\n\ns 109\n\ns 109(3)\namended by 84/2009 s 156\ns 110\n\ns 110(1)\namended by 41/2006 s 55\ns 110(2)\namended by 84/2009 s 157\ns 111\n\ns 111(1)\namended by 41/2006 s 56\ns 112\n\ns 112(1)\namended by 41/2006 s 57\ns 113\n\ns 113(4)\ninserted by 41/2006 s 58\nPt 5 Div 4\n\ns 116\n\ns 116(4)\namended by 44/2009 s 36(1)\n\ndeleted by 8/2020 s 22(1)\ns 116(5)\ndeleted by 8/2020 s 22(1)\ns 116(6)\namended by 8/2020 s 22(2)\ns 116(7)\namended by 8/2020 s 22(3)\ns 116(9)\nsubstituted by 44/2009 s 36(2)\ns 116(10)—(15)\ndeleted by 44/2009 s 36(2)\nPt 5 Div 4A\ninserted by 8/2020 s 23\nPt 5 Div 5\n\ns 118\n\ns 118(2)\namended by 29/2009 s 20(1)—(3)\ns 118(4a)—(4c)\ninserted by 8/2020 s 24\ns 119\namended by 29/2009 s 21\nPt 5 Div 6\n\ns 121\n\ns 121(1)\namended by 84/2009 s 158(1)\ns 121(2)\namended by 84/2009 s 158(2)\nPt 6\n\ns 127\n\ns 127(4)\namended by 44/2009 s 37\ns 127A\ninserted by 8/2020 s 25\ns 138\nsubstituted by 16/2013 s 39\ns 142\n\ns 142(1)\namended by 8/2020 s 26(1)\ns 142(5)\namended by 8/2020 s 26(2)\ns 142(9)\n\nauthorised officer\namended by 8/2020 s 26(3)\nrelevant entity\namended by 8/2020 s 26(4)\ns 143\n\ns 143(2)\namended by 8/2020 s 27(1)\ns 143(4)\ninserted by 8/2020 s 27(2)\ns 148\n\ns 148(5) and (6)\ninserted by 44/2009 s 38\ns 149\n\ns 149(1)\nsubstituted by 44/2009 s 39(1)\ns 149(1a)\ninserted by 44/2009 s 39(1)\ns 149(3)\nsubstituted by 44/2009 s 39(2)\ns 149(4)\ndeleted by 44/2009 s 39(2)\nSch 1 before substitution by 63/2016\n\ncl 1\namended by 44/2006 s 24(1)\n\namended by 44/2009 s 40(1)\ncl 4\namended by 44/2006 s 24(2), (3)\n\namended by 44/2009 s 40(2)\ncl 5\namended by 44/2006 s 24(4)\ncl 6\namended by 44/2006 s 24(5)\n\namended by 44/2009 s 40(3)\nSch 1\nsubstituted by 63/2016 s 106\nSch 3\ndeleted by 44/2009 s 41\nSch 4\ndeleted by 44/2009 s 42\nSch 5\n\ncl 7\namended by 44/2009 s 43(1)\ncl 7A\ninserted by 8/2020 s 28\ncl 14\namended by 44/2009 s 43(2)\ncl 16\namended by 44/2009 s 43(3)\ncl 17\ninserted by 44/2009 s 43(4)\nSch 6\n\nPts 1—10\nomitted under Legislation Revision and Publication Act 2002\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Justice Portfolio) Act 2006\n25—Transitional provision\nAn 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.\nStatutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions\nNote—\nAlso see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.\n1—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;\nemploying authority means—\n\t(a)\tsubject to paragraph (b)—the person who is the employing authority under a relevant Act;\n\t(b)\tin 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;\nIndustrial Commission means the Industrial Relations Commission of South Australia;\nprescribed body means—\n\t(a)\tthe Aboriginal Lands Trust;\n\t(b)\tthe Adelaide Cemeteries Authority;\n\t(c)\tthe Adelaide Festival Centre Trust;\n\t(d)\tthe Adelaide Festival Corporation;\n\t(e)\tSA Ambulance Service Inc;\n\t(f)\tthe Minister to whom the administration of the Children's Services Act 1985 is committed;\n\t(g)\tthe Minister to whom the administration of the Education Act 1972 is committed;\n\t(h)\tthe Electricity Supply Industry Planning Council;\n\t(i)\ta body constituted under the Fire and Emergency Services Act 2005;\n\t(j)\tthe History Trust of South Australia;\n\t(k)\tthe Institute of Medical and Veterinary Science;\n\t(l)\ta regional NRM board constituted under the Natural Resources Management Act 2004;\n\t(m)\tthe Senior Secondary Assessment Board of South Australia;\n\t(n)\tthe South Australian Country Arts Trust;\n\t(o)\tthe South Australian Film Corporation;\n\t(p)\tthe South Australian Health Commission;\n\t(q)\tan incorporated hospital under the South Australian Health Commission Act 1976;\n\t(r)\tan incorporated health centre under the South Australian Health Commission Act 1976;\n\t(s)\tthe South Australian Motor Sport Board;\n\t(t)\tthe South Australian Tourism Commission;\n\t(u)\tThe State Opera of South Australia;\n\t(v)\tthe State Theatre Company of South Australia;\n\t(w)\tthe Minister to whom the administration of the Technical and Further Education Act 1975 is committed;\nrelevant Act means—\n\t(a)\tin a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;\n\t(b)\tin 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;\n\t(c)\tin a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.\n2—Transfer of employment\n\t(1)\tSubject 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).\n\t(2)\tThe following persons will, on the commencement of this clause, be taken to be employed as follows:\n\t(a)\ta 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);\n\t(b)\ta 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;\n\t(c)\ta 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;\n\t(d)\ta 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.\n\t(3)\tSubject 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).\n\t(4)\tSubject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—\n\t(a)\twill be taken to provide for continuity of employment without termination of the relevant employee's service; and\n\t(b)\twill not affect—\n\t(i)\texisting conditions of employment or existing or accrued rights to leave; or\n\t(ii)\ta process commenced for variation of those conditions or rights.\n\t(5)\tIf, 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—\n\t(a)\twith the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and\n\t(b)\twith 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,\nsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).\n\t(6)\tWhere an award or enterprise agreement is created by virtue of the operation of subclause (5)—\n\t(a)\tthe 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\n\t(b)\tthe 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\n\t(c)\tthe 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.\n3—Superannuation\n\t(1)\tIf 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.\n\t(2)\tNothing that takes effect under subclause (1)—\n\t(a)\tconstitutes 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\n\t(b)\tterminates 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,\nand subclause (1) may have effect despite any other Act or law.\n\t(3)\tAn 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).\n4—Interpretative provision\n\t(1)\tThe 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.\n\t(2)\tA proclamation under subclause (1) may effect a transfer of functions or powers.\n5—Related matters\n\t(1)\tA 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.\n\t(2)\tA 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.\n\t(3)\tA 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.\n\t(4)\tA 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.\n\t(5)\tThe 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).\n6—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA 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.\n\t(3)\tTo 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—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe 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.\nFire and Emergency Services (Review) Amendment Act 2009, Sch 1\n1—Transitional provisions\n\t(1)\tThe 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.\n\t(2)\tA 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.\nStatutes Amendment (South Australian Employment Tribunal) Act 2016\n107—Transitional provisions\nprincipal Act means the Fire and Emergency Services Act 2005;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Employment Tribunal.\n\t(2)\tA 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.\n\t(3)\tA 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.\n\t(4)\tAny 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.\n\t(5)\tThe Tribunal may—\n\t(a)\treceive 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\n\t(b)\tadopt any findings or determinations of the Industrial Relations Commission that may be relevant to proceedings before the Tribunal; and\n\t(c)\tadopt 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\n\t(d)\ttake other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.\nFire and Emergency Services (Miscellaneous) Amendment Act 2020, Sch 1—Transitional provisions\n1—SASES unit constitution\n\t(1)\tThe constitution of an SASES unit is revoked on the commencement of section 22.\n\t(2)\tAny 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).\n2—SASES command structure\nA 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).\nHistorical versions\n\n16.9.2012\n\n19.3.2021\n\n","sortOrder":35}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as no legislative text was retrievable. The URL provided resolved to a 'Page Not Found' error on the SA legislation website, returning only navigation and error page content rather than the text of the Fire and Emergency Services Act 2005."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 error","Complexity cannot be meaningfully assessed without the actual content of the Act","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation text for the **Fire and Emergency Services Act 2005 (SA)** could not be retrieved. The link provided returned a **404 'Page Not Found' error** from the South Australian legislation website, likely due to a website update on 24 March 2026 that broke older hyperlinks.\n\n### What we know about this Act generally:\n- It is a **South Australian law** governing fire and emergency services in that state\n- It likely establishes the structure, powers, and responsibilities of SA's fire and emergency services agencies\n- It would affect **firefighters, emergency workers, landowners, and the general public** in South Australia\n\n### What to do:\nTo access the actual legislation, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the *Fire and Emergency Services Act 2005*."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act consolidates and substantially broadened the statutory framework compared with the separate predecessor Acts it repealed (Country Fires Act 1989; South Australian Metropolitan Fire Service Act 1936; State Emergency Service Act 1987).  Beyond creating a single Commission (Part 2) and continuing the three services, later amendments and inserted Parts expanded scope from frontline firefighting to a comprehensive prevention, planning and regulatory regime: statutory duties on private landowners and councils (Part 4A, s 105F–105I), a layered bushfire planning system (State and area plans, s 71–73A), an industry‑brigade regime requiring certain landholders to establish and fund brigades (s 69A–69F), expanded enforcement/cost‑recovery powers (eg s 42(5), s 97(10), s 142), and broader governance controls and appointment channels (Board composition s 11).  These additions materially extend the Act’s reach into land management, planning and the responsibilities of private actors and local government compared to a narrower, operations‑only firefighting statute."},"complexity_factors":["Extensive length: 149+ named sections and multiple Parts and Divisions spanning governance, operations, prevention, planning and enforcement","Large interpretation section with around 60–80 defined terms (s 3) that affect how many substantive provisions operate","Multiple statutory bodies and tiers (Commission, Board, Chief Officers, State Bushfire Coordination Committee, bushfire management committees, SACFS organisations, industry brigades, SASES units) with separate powers and procedures","Numerous cross-references to other Acts (Emergency Management Act 2004, Local Government Act 1999, Planning/Development Acts) and to regulations and codes (eg s 73(4)(d); s 148(5)–(6))","Heavy use of delegable powers and discretion (delegation provisions at s 20, and multiple Chief Officer/SACFS/SAMFS/SASES delegation clauses), increasing conditional logic","Many conditional offences, tiered penalties and exceptions (fire danger season, total fire ban, permits, prescribed actions — see s 79–81, s 97), including onus shifts (s 139)","Layered planning regime with procedural requirements for plan preparation, consultation and approval (State plan s 73; area plans s 73A) and multiple suspension/validation clauses","Disciplinary and appeal pathways that involve external tribunals (Disciplinary Committee s 45–49 and reviews by SAET/tribunal; Schedule 1), creating procedural complexity","Multiple cost-recovery and enforcement mechanisms (contractor cost recovery s 42(5), distress/sale of vessels s 142, recovery and charge-on-land provisions s 105J), with evidentiary certificates and final-binding notices","Numerous transitional provisions and a long legislative history of amendments that alter definitions and operative dates (Schedule 6 and legislative history)"],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a central governance body (the South Australian Fire and Emergency Services Commission — \"the Commission\") and places the metropolitan fire service (SAMFS), the country fire service (SACFS) and the State Emergency Service (SASES) under a single statutory sector (Part 2; s 6–9).  The Commission makes strategy, governance and resource-allocation decisions and may issue directions to the three services (s 8–9).\n\n- Confirms each emergency service as a Crown corporate body with a Chief Officer who runs operations and staff (SAMFS Part 3; SACFS Part 4; SASES Part 5).  The Chief Officers have broad operational powers, including appointing staff, delegating powers and controlling resources (eg s 27, 60, 109).  The Commission and Minister retain oversight (eg s 7; Board constitution s 10–14).\n\n- Gives officers wide, specific statutory powers at incidents: to assume control at a scene, enter and break into buildings or land, evacuate or detain persons, cut supplies (water, gas, electricity), destroy or remove property where necessary, light backburns and order decontamination (SAMFS s 41–44, s 42; SACFS s 96–99, s 97; SASES s 117–119, s 118).  Failure to obey lawful directions attracts criminal penalties (varies by provision).\n\n- Creates inspection, rectification and closure powers for public buildings and places where fire risk is found (SAMFS Div 5 s 36–40; SACFS Div 6A s 70B–70F).  Officials may order remedial work, remove people, close premises temporarily and apply to courts for longer closures (eg s 38; s 70D).\n\n- Sets up a layered bushfire prevention and planning regime: a State Bushfire Coordination Committee and State Bushfire Management Plan (s 71, s 73); local bushfire management areas and committees which prepare Bushfire Management Area Plans (s 72, s 73A).  Plans are expressions of policy that must be approved by the relevant authority before taking effect (s 73(9), s 73A(9)).\n\n- Imposes duties and enforcement on land managers: private landowners must take \"reasonable steps\" to prevent and limit fire (s 105F); councils, Ministers/agencies/Crown bodies have parallel duties for land they manage (s 105G–105H).  Authorised persons can issue compliance notices requiring specified action; failure to comply attracts penalties and recovery of costs (s 105F(5)–(11); s 105J).\n\n- Authorises the Chief Officer to fix fire danger seasons, declare total fire bans and regulate permits to light fires (s 78–81).  Permits may be issued, varied or revoked; councils in rural or urban-bushfire-risk areas must appoint at least one authorised officer to issue permits (s 81(13a)).\n\n- Provides for \"industry brigades\" in designated non-fire-district areas: the Chief Officer can require specified landowners/occupiers to establish and equip industry brigades, register them, and give directions about their operation; costs are recoverable (s 69A–69F).\n\n- Enables cost recovery and fees: emergency services can recover costs from owners for contractor work at incidents (eg s 42(5), s 97(10), s 118(4a)), impose prescribed fees (s 143) and recover expenses for non-compliance actions (s 105J(8)).  Criminal and civil penalties are set for many breaches (various sections).\n\n- Provides statutory protections and insurance treatment: volunteers and officers are generally protected from civil and criminal liability for honest acts/omissions performed under the Act (s 127); insurance policies cannot exclude losses arising from authorised actions at emergencies (s 141).\n\nWho is affected\n\n- Emergency services organisations (Commission, SAMFS, SACFS, SASES), their Chief Officers, staff and volunteers — governance, discipline and operational rules apply (eg Part 2–5; discipline in s 45–49).\n- Private landowners and occupiers — duties to prevent fires, possible compliance notices, and financial exposure for contractor costs or penalties (s 105F; s 105J; s 42(5); s 97(10)).\n- Councils and Crown agencies — duties for management of public land, obligations to appoint fire prevention officers in certain areas, and potential vesting/withdrawal of powers by the Minister where councils fail to act (s 105G; s 94(5)).\n- Businesses that operate equipment or store combustible materials — subject to permits, operational restrictions during fire danger seasons, and directions from officers (eg s 79; s 80; s 82; s 89).\n- Providers of utilities — obliged to attend and act on directions at incident scenes (s 43; s 44; s 98; s 99; s 119).\n- Owners/operators of vessels and prescribed property — specific recovery and distress powers may apply (s 142).\n\nWhy it matters (purpose claims and practical trade-offs)\n\n- Stated purpose: to create centralised governance for South Australia’s fire and emergency sector, provide clear operational powers to respond to fires and other emergencies, and set a statutory framework for bushfire prevention, planning and community safety (see long title; Part 2 functions s 8).\n\n- Costs, incentives and behaviour the Act creates:\n  - Who pays: private landowners, responsible persons for industry brigades and owners of vessels may ultimately bear costs for prevention failures or attendance costs (s 69C(5); s 42(5); s 142).  Fees for specified services can be charged to users (s 143).  Councils may be required to fund fire prevention officers and may be charged for actions taken on council land (s 81(13a); s 105G).\n  - Who decides: the Minister, the Commission, Chief Officers and authorised officers hold broad discretionary powers — to declare fire districts/urban-bushfire-risk areas (s 4, s 4A), set bans and permits (s 78–81), issue compliance notices (s 105F), and give directions to emergency services (s 7–9, s 69E).  Many powers are delegable and made subject to regulations (s 20; s 148).\n  - Behaviour changes: landowners must invest in hazard reduction or face notices/penalties; businesses operating during high-risk periods must change operations or obtain permits; volunteer organisations and industry brigades must comply with Chief Officer directions and registration rules.\n\n- Trade-offs and risks:\n  - Implementation and compliance burden: the Act creates many obligations (codes, plans, notices, permit schemes) and heavy administrative discretion (frequent delegations and regulation‑making powers).  That raises risk of variable enforcement and administrative cost for councils, landowners and businesses (see s 148 on regulations and s 20 on delegation).\n  - Concentrated vs diffuse costs: some measures allocate concentrated costs to specific landowners or industries (eg industry brigade establishment s 69C), while benefits (reduced fire risk) are dispersed across communities.\n  - Liability and fiscal risk: the Act shifts individual volunteer liability to the Crown for authorised acts (s 127), but also creates avenues for cost recovery from private owners — so private parties may face new direct financial exposure for incidents (s 42(5); s 97(10); s 118(4a); s 142).\n  - Regulatory discretion and appointment mechanisms: appointments and powers involve Minister and Governor nominations, and nomination channels for unions and volunteer associations to Board membership (s 11), which creates institutional influence paths that affect governance outcomes.\n\nKey sections to look at for implementation or legal advice: Commission powers and Board composition (s 6–16), powers at incidents (s 41–44; s 96–99; s 117–118), duties and compliance notices for land (s 105F–105K), bushfire planning (s 71–73A), permits and bans (s 78–81), cost recovery and fees (s 42(5); s 97(10); s 142; s 143), protections from liability (s 127).\n\n(If you want, I can map the Act’s obligations for a specific actor — e.g. a rural landowner, a manufacturing business, or a council — showing exactly which sections create duties, likely penalties, and practical next steps.)"},"kimi_summary":{"_metrics":{"completionTokens":896},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 2005 scope. Major expansions include: (1) 2009 amendments adding urban bushfire risk areas, Part 4A fire prevention provisions, and restructuring bushfire management committees; (2) 2019 Volunteer Charters giving parliamentary recognition to volunteer-based nature of SACFS and SASES; (3) 2020 amendments adding industry brigades (Division 5A), fire and emergency safeguards for SACFS (Division 6A), and SASES command structure (Division 4A). The original Act was primarily organizational; it now encompasses detailed operational controls, landowner duties, and complex bushfire planning frameworks."},"complexity_factors":["Extensive cross-referencing between 6 main Parts and multiple Divisions/Subdivisions","Parallel governance structures for three separate emergency services (SAMFS, SACFS, SASES) with similar but not identical provisions","Multiple layers of bushfire management: State Bushfire Coordination Committee, bushfire management committees, Bushfire Management Area Plans, and State Bushfire Management Plan","Complex appointment and disciplinary procedures including SAET (South Australian Employment Tribunal) reviews with supplementary panel members","Conditional powers that vary by location (fire district vs country), land type (private, Crown, Commonwealth), and emergency type","Industry brigade provisions creating hybrid public-private firefighting entities with special legal status","Nested definitions: 'emergency' defined broadly in s 3, then narrowed in specific Divisions (e.g., s 35 for hazardous materials only)","Extensive regulation-making powers in Schedule 5 with 17 separate subject matters","Transitional provisions preserving rights under three repealed Acts (Country Fires Act 1989, SAMFS Act 1936, SES Act 1987)","Multiple amendment Acts incorporated, some with uncommenced provisions noted in legislative history"],"plain_english_summary":"**What this Act does:**\n\nThis is South Australia's main law governing fire and emergency services. It establishes a **three-tier system** for keeping people safe from fires and other emergencies:\n\n**1. The South Australian Fire and Emergency Services Commission (SAFECOM)**\n- A government body that sets strategy, policy and governance for the entire emergency services sector\n- Oversees funding, workforce planning, and corporate governance across all three services\n- Has a Board with representatives from each service, unions, and community members\n\n**2. Three operational emergency services:**\n\n| Service | Area covered | Who they are |\n|---------|-----------|-------------|\n| **Metropolitan Fire Service (SAMFS)** | Adelaide and urban fire districts | Professional firefighters |\n| **Country Fire Service (SACFS)** | Rural and regional areas | Mostly volunteers, some paid staff |\n| **State Emergency Service (SASES)** | Statewide | Volunteers who respond to floods, storms, rescues and other emergencies |\n\n**3. Key powers and responsibilities:**\n\n- **Fire prevention:** The Act creates fire danger seasons, total fire bans, and requires landowners to clear fire hazards\n- **Emergency powers:** Officers can enter property, close unsafe buildings, order evacuations, destroy property to stop fire spread, and commandeer resources during emergencies\n- **Bushfire management:** Establishes coordination committees and requires management plans for bushfire-prone areas\n- **Industry brigades:** Allows the Chief Officer to require certain businesses (like forestry operations) to establish their own fire brigades\n\n**Who it affects:**\n- Anyone living in or owning property in South Australia\n- Businesses in fire-prone areas\n- Local councils (who must appoint fire prevention officers)\n- Emergency service workers and volunteers\n- Government agencies managing Crown land\n\n**Why it matters:**\nThis law determines who responds when your house is on fire, who can order you to evacuate during a bushfire, what you must do to clear fire hazards from your property, and how the state coordinates during major disasters like floods or chemical spills."}},"importantCases":[],"_links":{"self":"/api/acts/fire-and-emergency-services-act-2005","history":"/api/acts/fire-and-emergency-services-act-2005/history","analysis":"/api/acts/fire-and-emergency-services-act-2005/analysis","conflicts":"/api/acts/fire-and-emergency-services-act-2005/conflicts","importantCases":"/api/acts/fire-and-emergency-services-act-2005/important-cases","documents":"/api/acts/fire-and-emergency-services-act-2005/documents"}}