Part 3The South Australian Metropolitan Fire Service

Part 3—The South Australian Metropolitan Fire Service 24—Continuation of service (1) The South Australian Metropolitan Fire Service (SAMFS) continues in existence. (2) SAMFS— (3) SAMFS is an agency of the Crown and holds its property on behalf of the Crown. 25—Constitution of SAMFS (1) SAMFS consists of— (b) all other officers and firefighters of SAMFS; and (c) all other employees of SAMFS. (2) The Chief Officer of SAMFS is responsible for the management and administration of SAMFS (and will, in undertaking this responsibility, also be the Chief Executive of SAMFS). (3) An act done or decision made by the Chief Officer in the management or administration of the affairs of SAMFS (including by exercising any power of SAMFS under this or any other Act) is an act or decision of SAMFS. 26—Functions and powers (1) SAMFS has the following functions: (a) to provide services with a view to preventing the outbreak of fires, or reducing the impact of fires, in any fire district; (b) to provide efficient and responsive services in any fire district for the purpose of fighting fires, dealing with other emergencies or undertaking any rescue; (c) to protect life, property and environmental assets from fire or other emergencies in any fire district; (d) to develop and maintain plans to cope with the effects of fires or emergencies in any fire district; (e) to provide services or support to assist with recovery in the event of a fire or other emergency in a fire district; (f) to perform any other function assigned to SAMFS by or under this or any other Act. (2) SAMFS may, for the purpose of performing its functions, exercise any powers that are necessary or expedient for, or incidental to, the performance of its functions. (3) SAMFS may, for example— (c) provide and maintain appliances and equipment for fire stations and fire brigades; (d) establish, maintain or monitor alarm systems; (e) make representations and provide advice relating to fire safety or fire prevention; (f) publish or disseminate information; (g) record, possess or use moving or still images for the purposes of its operations and activities, including for training purposes. 27—Chief Officer (1) The office of Chief Officer of SAMFS is established (and a reference in this Part to the "Chief Officer" will be a reference to the Chief Officer of SAMFS). (2) The Chief Officer will be appointed by the Minister after taking into account the recommendation of the CE of the Commission. (3) The Chief Officer will be appointed on terms and conditions determined by the Minister after consultation with the Commissioner for Public Sector Employment. (4) In addition to the Chief Officer's responsibility for the management and administration of SAMFS, the Chief Officer has ultimate responsibility for the operations of SAMFS and may therefore— (a) control all resources of SAMFS; and (b) manage the staff of SAMFS and give directions to its members; and (c) assume control of any SAMFS operations; and (d) perform any other function or exercise any other power that may be conferred by or under this or any other Act, or that may be necessary or expedient for, or incidental to, maintaining, improving or supporting the operation of SAMFS. 28—Deputy Chief Officer and Assistant Chief Officers (1) The Chief Officer may appoint a Deputy Chief Officer and 1 or more Assistant Chief Officers (on the basis that the Chief Officer (and any successor) is the employer). (2) The terms and conditions of an appointment under this section will be subject to the approval of the Commissioner for Public Sector Employment after consultation with the Chief Officer and the Commission. (3) The Deputy Chief Officer (if appointed) or, if necessary, an Assistant Chief Officer designated by the Minister, may, while the Chief Officer is absent from the duties of office or while the position of Chief Officer is temporarily vacant, perform and exercise the functions and powers of the Chief Officer (but not so as to act as a deputy member of the Board unless specifically appointed as deputy of the Chief Officer under section 11(3)). 29—Other officers and firefighters (1) SAMFS will have such other officers and firefighters as the Chief Officer thinks fit to appoint. (2) The following procedures will apply in relation to appointments under this section: (a) if the Chief Officer wishes to appoint a person to a position under this section, the Chief Officer must first nominate that person for appointment; (b) the Chief Officer must then give notice of the nomination to all officers and firefighters who are of the same rank as, or of a lower rank than, the position to which the Chief Officer wishes to make the appointment; (c) an officer or firefighter who is entitled to notice of the nomination under paragraph (b) may, within 14 days after the notice is given, apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the nomination; (d) the Chief Officer may confirm the nomination if no application is made within the time allowed under paragraph (c) but if an application is so made within such time then the Chief Officer must comply with any direction given by SAET in the matter; (e) in relation to a review instituted under paragraph (c)— (i) SAET will, if the President of SAET so determines, sit with supplementary panel members selected in accordance with Schedule 1; and (ii) an applicant may appear personally or be represented by a member of an industrial association to which the applicant belongs or by a legal practitioner; and (iii) the Chief Officer may appear personally or be represented by another officer of SAMFS or, if an applicant is being represented by a legal practitioner, the Chief Officer may also be represented by a legal practitioner; and (iv) SAET may, on hearing the review, confirm the appointment of the person who has been nominated or direct the Chief Officer to revoke the nomination and direct that an applicant be appointed to the position; and (v) in making its decision on a review, SAET must have regard to the criteria (if any) relating to the appointment and promotion of officers or firefighters that are contained in an award or industrial agreement that applies in relation to the relevant position but, if no such criteria exist, SAET must have regard to the qualifications, aptitude and conduct of the person nominated for the position and of the applicant or applicants; and (vi) SAET may, in connection with the proceedings, award costs against SAMFS but may not award costs against an applicant. (3) For the purposes of subsection (2), notice of a nomination will be taken to have been given to an officer or firefighter if written notice of the nomination has been displayed for not less than 7 days in a prominent place in the fire station or workplace at which he or she is based. (4) Subsection (2) does not apply in relation to the appointment of a person to the lowest rank in SAMFS. (5) An appointment under this section will be on terms and conditions determined by the Chief Officer and approved by the Commission (on the basis that the Chief Officer (and any successor) is the employer and subject to the provisions of any award or industrial agreement). (6) Nothing in this section limits the ability of the Chief Officer to appoint a suitable person to act in an office or position while the person appointed to that office or position is absent or temporarily unable to act in that office or position, or while that office or position is temporarily vacant. 30—Employees (1) The Chief Officer may appoint other persons as employees of SAMFS (on the basis that the Chief Officer (and any successor) is the employer). (2) An appointment under this section will be on terms and conditions determined by the Chief Officer and approved by the Commission (subject to the provisions of any award or industrial agreement). 31—Staff (1) The staff of SAMFS will comprise all officers, firefighters and other employees of SAMFS. (2) A member of the staff of SAMFS must comply with a direction of— (3) In addition, SAMFS may make use of the services of persons employed in any public sector agency made available to assist SAMFS. (4) SAMFS is responsible for any costs or expenses associated with the employment of a member of the staff of SAMFS. 32—Workforce plans For the purposes of appointments to the staff of SAMFS under this Division— (b) the Commission may approve a workforce plan submitted by the Chief Officer without amendment, or with any amendments determined by the Commission after consultation with the Chief Officer; and (c) the Chief Officer must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission. 33—Delegation (1) The Chief Officer may delegate a power or function of the Chief Officer or SAMFS under this or any other Act— (a) to a member of the staff of SAMFS or to a person made available to assist SAMFS; or (b) to a committee established under this Act; or (c) to a person for the time being holding or acting in a particular office or position; or (d) to any other person or body. (3) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. Division 4—Fire brigades 34—Fire brigades (1) The Chief Officer may establish a fire brigade within any fire district. (2) A fire brigade established under this section will be under the command of— (b) a commanding officer who is responsible to the Chief Officer for the discipline and control of the fire brigade. (3) The Chief Officer may inspect any fire brigade established under this section at any time. Division 5—Fire and emergency safeguards 35—Interpretation and application (1) In this Division— authorised officer means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this Division; emergency refers only to an emergency constituted of or arising from the escape of any hazardous material, or a situation that involves imminent danger of such escape; occupier in respect of a public building, includes any person apparently in charge of, or having the control and management of, the building; public building includes any structure or place (whether permanent or temporary or fixed or moveable) that is enclosed or partly enclosed— (a) to which admission is open to members of the public or restricted to persons who are members of a club or who possess any other qualification or characteristic and whether admission is or is not procured by the payment of money or on any other condition; or (b) in which persons work under a contract of service. (2) This Division applies only to a building, vehicle or place in a fire district. 36—Power to enter and inspect a public building (1) The Chief Officer or an authorised officer may enter and inspect a public building for the purpose of determining whether there are adequate safeguards against, or in the event of, fire or other emergency. (2) The Chief Officer or authorised officer— (a) may exercise the powers conferred by subsection (1) at any reasonable time including any time when the building is open to the public; and (b) may, if there is reason to believe that urgent action is required, use such force as is reasonable in the circumstances to enter and inspect the public building. 37—Rectification where safeguards inadequate (1) If, after having inspected a public building, the Chief Officer or authorised officer is of the opinion that there are not adequate safeguards against, or in the event of, fire or other emergency as a result of— (a) obstruction, closing or locking of an aisle, corridor, door, gangway, lobby, passage, exit, escape or any other means of egress from the building; or (b) overcrowding of the building; or (c) non-compliance with the requirements of this or any other Act, he or she may do 1 or more of the following: (d) using such force as is reasonably necessary, cause the aisle, corridor, door, gangway, lobby, passage, exit, escape or other means of egress from the building to be cleared, opened or unlocked (as the case requires); (e) in the event of overcrowding, cause persons to be removed from the building; (f) order the occupier to take specified action to rectify the situation within a specified period. (2) A rectification order may be given orally or by notice in writing served on the occupier of the building. (3) If a rectification order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building. (4) If a notice containing a rectification order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 or section 157(16) of the Planning, Development and Infrastructure Act 2016 for the area in which the building is situated. (5) If any matter or thing with respect to fire safety is regulated or required to be done under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, a person may not be ordered under this section to do anything in relation to that matter or thing beyond what is necessary to achieve compliance with the requirements under the relevant Act. 38—Closure orders (1) If, after having inspected a public building, the Chief Officer or authorised officer is satisfied that the safety of persons in the public building cannot reasonably be ensured by other means, the Chief Officer or authorised officer— (a) may issue a closure order requiring the occupier of the building to close the building immediately; or (b) may, if a closure order cannot for any reason be given to the occupier, or if a closure order, having been given to the occupier, is not immediately obeyed, close the building by giving all people present in the building an order to leave the building and, on being satisfied that all such persons have left the building, securing the building to prevent entry by any persons (other than persons authorised to enter the building by the Chief Officer or an authorised officer). (2) A closure order under subsection (1)(a)— (a) may be given orally or by notice in writing served on the occupier of the building; and (b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order). (2a) An order given to people present in the building under subsection (1)(b)— (a) may be given by affixing a written notice containing the order in a prominent place near the main entrance to the building; and (b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order). (3) If a closure order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building. (4) If a closure order cannot for any reason be given to the occupier of the building, the Chief Officer or authorised officer must cause a written notice containing the order to be affixed in a prominent place near the main entrance to the building (whether or not an order is also given to people present in the building under subsection (1)(b)). (5) The written notice containing a closure order— (a) must describe the danger that, in the opinion of the Chief Officer or authorised officer, necessitates closure of the building; and (b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order). (6) If a notice containing a closure order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 or section 157(16) of the Planning, Development and Infrastructure Act 2016 for the area in which the building is situated. (7) When the Chief Officer or authorised officer is satisfied that the danger has been alleviated, he or she may rescind the order (not being an order granted by the Magistrates Court under subsection (9)). (8) If the Chief Officer or authorised officer is of the opinion that the danger cannot be, or has not been, alleviated within the period for which the order applies, the Chief Officer or authorised officer may, after having given prior notice of the intention to do so to the occupier of the building, apply to the Magistrates Court for an order directing the occupier to close or keep closed, as the case requires, the building for such period as the Court considers necessary for the alleviation of the danger. (9) The Magistrates Court may, on an application made under subsection (8)— (a) grant the order, subject to such conditions as the Court sees fit to impose; or (b) refuse to grant the order, and make such other orders as it thinks fit. (10) If an application is made under subsection (8) while a building is closed pursuant to this section, the closure of the building continues until the application is determined or withdrawn. (11) The Chief Officer or authorised officer, or the occupier or owner of a building to which an order under subsection (9) applies, may apply to the Magistrates Court, at any time, for the order to be rescinded. (12) The Magistrates Court may, on an application made under subsection (11), rescind or refuse to rescind the order to which that application relates and make such other orders as it thinks fit. 39—Powers in relation to places at which danger of fire may exist (1) The Chief Officer or an authorised officer may, at any time and using such force as is reasonably required in the circumstances, enter and inspect any building, vehicle or place at or in which he or she has reason to believe explosives or any hazardous, combustible or flammable materials or substances are being kept or any conditions exist that are likely to be a source of danger to life or property in the event of fire, or are likely to cause an outbreak of fire. (2) If the Chief Officer or authorised officer finds explosives or any hazardous, combustible or flammable materials or substances that are being kept in an unsafe manner or finds any conditions that are likely to be a source of danger to life or property in the event of fire, or likely to cause an outbreak of fire, the Chief Officer or authorised officer may— (a) take action himself or herself to alleviate the danger; (b) order the occupier or person apparently in charge of the building, vehicle or place to take specified action within a specified period to alleviate the danger. (3) An order under this section may be given orally or by notice in writing served on the occupier or person apparently in charge of the building, vehicle or place. (4) If an order under this section is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier or person apparently in charge of the building, vehicle or place. 40—Related matters (1) The Chief Officer or an authorised officer may, when exercising powers conferred by this Division, be accompanied by 1 or more members of SAMFS or police officers as the Chief Officer or authorised officer thinks fit. (2) A person must not fail to comply with— (a) an order given by the Chief Officer or an authorised officer under this Division; or (b) an order of the Magistrates Court under this Division. Division 6—Powers and duties relating to fires and emergencies 41—Exercise of control at scene of fire or other emergency (a) the situation— (i) involves or arises from— (A) a fire or a situation that involves imminent danger of fire; or (B) the escape of any hazardous material or a situation that involves imminent danger of such an escape, that occurs— (C) in a fire district; or (D) on a vessel; or (E) in the country in a situation where no member of SACFS has assumed control under Part 4; or (ii) involves or arises from any other emergency or the imminent danger of any other emergency, wherever occurring, at which a person with lawful authority to assume control has not done so; and (b) an SAMFS brigade has attended, then the highest ranking officer of SAMFS in attendance may assume control (and all members of the brigade, and all other persons present at the scene, will be subject to his or her control). (a) derogates from the powers of the Chief Officer of SAMFS to assume control of any operations; or (b) prevents a member of SAMFS who has taken control of any operations surrendering control of those operations to any other person or body; or (c) prevents another person or body with lawful authority to do so assuming control at the scene of any emergency. 42—Powers (1) An officer of SAMFS may take, or cause to be taken, any action that appears necessary or desirable for the purpose of protecting the life, health or safety of any person or animal, or protecting property, relevant services or the environment, or for any other purpose associated with dealing with a fire or other emergency or the threat of a fire or other emergency (despite the fact that the action may result in damage to, or destruction of, property or any aspect of the environment or cause pecuniary loss to any person). (2) Without limiting or derogating from the operation of subsection (1), an officer under subsection (1), or any person acting under the command of an officer, may (to such extent as appears necessary or desirable in the circumstances)— (a) enter and, if necessary, break into any land, building, structure or vehicle (using such force as is necessary); (b) take possession of, protect or assume control over any land, body of water, building, structure, vehicle or other thing; (c) remove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing; (d) direct the owner of, or the person for the time being in charge of, any real or personal property to place it under the control or at the disposition of a specified person; (e) remove, or cause to be removed, to such place as the officer or other person thinks fit, any person or animal, or direct the evacuation or removal of any person or animal; (g) remove flammable material or any other hazardous material, or cause flammable material or any other hazardous material to be removed, from any place, building or structure; (h) cause any supply of fuel or other flammable liquid, any gas or electricity, or any other hazardous material, to be connected, reconnected, disconnected or shut off; (iii) to contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or (iv) to shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device; (j) take and use water or any other fire extinguishing material from any place; (k) shut off, or cut off, the supply of water or any drainage facility; (l) make use of the gratuitous services of any person; (m) direct, insofar as may be reasonably necessary in the circumstances, any person to assist in the exercise of any power under this section; (n) cause another fire to be lit (despite any other provision of this Act); (o) exercise any prescribed power. (3) In the absence of an officer, the powers of an officer under subsection (1) or (2) may be exercised by a firefighter. (4) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of an officer of SAMFS or of any other person given in accordance with subsection (1) or (2). (4a) A member of SAMFS must, before taking any prescribed action with respect to prescribed land, or property on prescribed land— (a) consult with the owner or person in charge of the prescribed land if that person is in the presence of, or may be immediately contacted by, the member of SAMFS; and (b) if the prescribed action would affect a government reserve, take into account any relevant provisions of a management plan for the reserve that have been brought to the attention of the member. (4b) The Chief Officer must take steps to have any relevant provisions of a management plan for a government reserve brought to the attention of members of SAMFS who might exercise powers under this section with respect to the reserve. (5) If an officer of SAMFS, acting in relation to a fire or other emergency, engages a contractor to demolish, contain, neutralise, dispose of or remove any dangerous or hazardous structure, object, substance or materials, the costs of engaging the contractor are recoverable by SAMFS as a debt from the owner of the dangerous structure, object, substance or materials in a court of competent jurisdiction. (5a) The Chief Officer may determine that the powers of an officer under subsection (5) may only be exercised by officers of or above a certain rank. (6) In any proceedings under subsection (5), a certificate apparently signed by the Chief Officer certifying the costs of engaging the contractor is, in the absence of proof to the contrary, to be accepted as proof of the costs so certified. (6a) In this section— government reserve means— (a) a forest reserve; or (b) a reserve administered under the National Parks and Wildlife Act 1972; or (c) any other land of a kind brought within the ambit of this definition by the regulations; prescribed action means the exercise of a power under this section that would result in damage to, or destruction of, property or cause pecuniary loss to any person; prescribed land means— (a) a government reserve; or (b) any other land of a kind brought within the ambit of this definition by the regulations. (7) This section operates subject to the provisions of the Emergency Management Act 2004. 43—Provision of water (1) A water authority for an area in which a fire or other emergency has occurred, or is in imminent danger of occurring, must, at the direction of a person who is lawfully dealing with the situation under this Division, send a competent person to assist in the provision of water. water authority means a body brought within the ambit of this definition by the regulations. 44—Supply of gas or electricity A person or company supplying gas or electricity to any premises or other place where a fire or other emergency has occurred, or is in imminent danger of occurring, must, at the direction of a person who is lawfully dealing with the situation under this Division, send a competent person to connect, reconnect, disconnect or shut off the supply of gas or electricity to the premises or other place, or to any adjacent premises or place (and the person so attending must then comply with any direction that may be given in the exercise of powers under this Division). Division 7—Discipline