Part 5The South Australian State Emergency Service

Part 5—The South Australian State Emergency Service 106—Continuation of service (1) The State Emergency Service continues in existence as the South Australian State Emergency Service (SASES). (2) SASES— (3) SASES is an agency of the Crown and holds its property on behalf of the Crown. 107—Constitution of SASES (1) SASES consists of— (a) the Chief Officer of SASES; and (b) all other officers of SASES; and (c) all SASES units and all members of SASES units; and (d) all SASES employees. (2) The 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). (3) An 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. 107A—Parliamentary recognition of SASES Volunteer Charter (1) The 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. (2) The Parliament recognises that the SASES Volunteer Charter— (a) is 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 (b) requires 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 (c) requires 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. (3) SASES must, in performing its functions, have regard to the commitments and principles set out in the SASES Volunteer Charter. (4) SASES 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. SASES 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. 108—Functions and powers (1) SASES has the following functions: (a) to assist the Commissioner of Police in dealing with any emergency; (b) to 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; (ba) to 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; (c) to assist SAMFS and SACFS in dealing with any emergency; (d) to deal with any emergency— (i) where the emergency is caused by flood or storm damage; or (ii) where there is no other body or person with lawful authority to assume control of operations for dealing with the emergency; (e) to 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; (f) to respond to emergency calls and, where appropriate, provide assistance in any situation of need whether or not the situation constitutes an emergency; (g) to undertake rescues; (h) to perform any other function assigned to SASES by or under this or any other Act. (2) SASES 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) SASES may, for example— (c) provide and maintain equipment for SASES units; (d) make representations and provide advice relating to dealing with emergencies; (e) publish or disseminate information; (f) record, possess or use moving or still images for the purposes of its operations and activities, including for training purposes. 109—Chief Officer (1) The 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). (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 SASES, the Chief Officer has ultimate responsibility for the operations of SASES and may therefore— (a) control all resources of SASES; and (b) manage the staff of SASES and give directions to its members; and (c) assume control of any SASES 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 SASES. 110—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)). 111—Other officers (1) SASES 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). (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. 112—Employees (1) The Chief Officer may appoint other persons as employees of SASES (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). 113—Staff (1) The 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. (2) A member of the staff of SASES must comply with a direction of— (3) In addition, SASES may make use of persons employed in any public sector agency made available to assist SASES. (4) SASES is responsible for any costs or expenses associated with the employment of a member of the staff of SASES. 114—Workforce plans For the purposes of appointments to the staff of SASES 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. 115—Delegation (1) The Chief Officer may delegate a power or function of the Chief Officer or SASES under this or any other Act— (a) to a member of the staff of SASES or to a person made available to assist SASES; or (b) to a member of an SASES unit; 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—SASES units 116—SASES units (1) The Chief Officer may, by notice in the Gazette— (a) establish an SASES unit; (b) assign a name to an SASES unit. (a) the Chief Officer is establishing an SASES unit to take over the activities of an organisation; and (b) the organisation is a body corporate; and (c) the organisation seeks its dissolution under this provision in the manner prescribed by the regulations, then the Chief Officer may, by notice in the Gazette, dissolve the body corporate (and that dissolution will have effect by force of this subsection). (3) On dissolution of an organisation under subsection (2), its property, rights and liabilities vest in SASES. (6) An SASES unit— (a) has the functions and powers prescribed by this Act or the regulations; and (b) has such other functions or powers as may be assigned to it by the Chief Officer. (7) An SASES unit must— (a) maintain such records as may be prescribed 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. (8) The Chief Officer may, by notice in the Gazette, dissolve an SASES unit. (9) The Chief Officer must, before determining to dissolve an SASES unit, undertake the consultation, and comply with any other requirement, prescribed by the regulations.