Part 4The South Australian Country Fire Service

Part 4—The South Australian Country Fire Service 57—Continuation of service (1) The Country Fire Service continues in existence as the South Australian Country Fire Service (SACFS). (2) SACFS— (3) SACFS is an agency of the Crown and holds its property on behalf of the Crown. 58—Constitution of SACFS (1) SACFS consists of— (a) the Chief Officer of SACFS; and (b) all other officers of SACFS; and (c) all SACFS organisations and all members of SACFS organisations; and (d) all employees of SACFS. (2) The Chief Officer of SACFS is responsible for the management and administration of SACFS (and will, in undertaking this responsibility, also be the Chief Executive of SACFS). (3) An act done or decision made by the Chief Officer in the management or administration of the affairs of SACFS (including by exercising any power of SACFS under this or any other Act) is an act or decision of SACFS. 58A—Parliamentary recognition of SACFS Volunteer Charter (1) The Parliament recognises that SACFS is first and foremost a volunteer‑based organisation, in which volunteer officers and members are supported by employees in a fully integrated manner. (2) The Parliament recognises that the SACFS Volunteer Charter— (a) is a statement of the commitment and principles that apply to the relationship between the Government of South Australia, the Commission, SACFS and volunteer officers and members; and (b) requires that the Government of South Australia, the Commission and SACFS recognise, value, respect and promote the contribution of volunteer officers and members to the well‑being and safety of the community; and (c) requires that the Government of South Australia, the Commission and SACFS commit to consulting with the Country Fire Service Volunteers Association on behalf of volunteer officers and members on any matter that might reasonably be expected to affect them. (3) SACFS must, in performing its functions, have regard to the commitments and principles set out in the SACFS Volunteer Charter. (4) SACFS has a responsibility to develop policy and organisational arrangements that encourage, maintain and strengthen the capacity of volunteer officers and members to provide SACFS services. SACFS Volunteer Charter means the SACFS Volunteer Charter prepared in consultation with the Government of South Australia, the Commission, SACFS, the Country Fire Service Volunteers Association and SACFS volunteers, as in force from time to time. 59—Functions and powers (1) SACFS has the following functions: (a) to provide services with a view to preventing the outbreak of fires, or reducing the impact of fires, in the country; (b) to provide efficient and responsive services in the country for the purpose of fighting fires, dealing with other emergencies or undertaking any rescue; (c) to protect life, property and environmental assets from fire and other emergencies occurring in the country; (d) to develop and maintain plans to cope with the effects of fires or emergencies in the country; (e) to provide services or support to assist with recovery in the event of a fire or other emergency in the country; (f) to perform any other function assigned to SACFS by or under this or any other Act. (2) SACFS 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) SACFS may, for example— (c) provide and maintain appliances and equipment for SACFS organisations; (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. 60—Chief Officer (1) The 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). (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 SACFS, the Chief Officer has ultimate responsibility for the operations of SACFS and may therefore— (a) control all resources of SACFS; and (b) manage the staff of SACFS and give directions to its members; and (c) assume control of any SACFS 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 SACFS. 61—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)). 62—Other officers (1) SACFS 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). (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). (3) 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. 63—Employees (1) The Chief Officer may appoint other persons as employees of SACFS (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). 64—Staff (1) The 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. (2) A member of the staff of SACFS must comply with a direction of— (3) In addition, SACFS may make use of persons employed in any public sector agency made available to assist SACFS. (4) SACFS is responsible for any costs or expenses associated with the employment of a member of the staff of SACFS. 65—Workforce plans For the purposes of appointments to the staff of SACFS 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. 66—Delegation (1) The Chief Officer may delegate a power or function of the Chief Officer or SACFS under this or any other Act— (a) to a member of the staff of SACFS or to a person made available to assist SACFS; or (b) to a member of an SACFS organisation; or (c) to a committee established under this Act; or (d) to a person for the time being holding or acting in a particular office or position; or (e) 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—SACFS regions 67—SACFS regions The Chief Officer may, by notice in the Gazette— (a) declare any part of the country to be an SACFS region; (b) assign a name to any such region; (c) vary or revoke any such notice. Division 5—Organisational structure 68—Establishment of SACFS (1) The Chief Officer may, by notice in the Gazette— (a) establish an SACFS brigade; (b) establish an SACFS group in relation to 2 or more brigades within a region. (2) An SACFS organisation will have a constitution that accords with any requirements determined by the Chief Officer. (3) The constitution of an SACFS organisation may be amended, with the approval of the Chief Officer, in the manner set out in the constitution. (4) An SACFS organisation— (a) has the functions and powers prescribed by this Act or the regulations or set out in its constitution; and (b) has such other functions or powers as may be assigned to it by the Chief Officer. (5) An SACFS organisation must— (a) maintain such records as may be prescribed, specified by its constitution, or required by the Chief Officer; and (b) furnish to the Chief Officer, in a manner and form determined by the Chief Officer, any information required by the Chief Officer. (6) The mutual relationship of SACFS organisations and their obligations to each other will, subject to this Act, be determined by the Chief Officer. (7) The Chief Officer may, by notice in the Gazette, dissolve an SACFS organisation. (8) The Chief Officer must, before determining to dissolve an SACFS organisation, undertake the consultation, and comply with any other requirement, prescribed by the regulations. 69—Country Fire Service Volunteers Association (1) The Country Fire Service Volunteers Association is recognised as an association that represents the interests of members of SACFS organisations. (2) The association may take such steps as may be reasonably available to it to advance the interests of members of SACFS organisations. (3) The association— (b) has full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.