Northern Territory Second Reading Speeches

[Index] [Search] [Bill] [Help]


FIRE AND EMERGENCY LEGISLATION AMENDMENT BILL 2009

Madam Speaker, I move that the bill be now read a second time.

The
Fire and Emergency Act was amended most recently in 2004 with the intention of, amongst other things, granting the Northern Territory Fire and Rescue Service the power to carry out back burning operations; back burning operations form the integral function in reducing the risk or eliminating the threat of fires, mostly in the rural area, but within an emergency response area.

The 2004 amendments sought to establish the power by inserting a definition of patted reduction into section 3 of the act, along with expanding the role of the Fire and Rescue Service in section 6 to authorise the carrying out of hazard reduction within an emergency response area.


In addition, an incident commander’s powers will widen in section 2 of the act to accommodate the lighting of a fire or fires. Unfortunately, the amendments have had unintended consequences in that other Fire and Rescue Services hazard reduction functions are exercised anywhere in the Territory, not just in emergency response areas; for example, the Fire and Rescue Service exercises hazard reduction powers when it inspects a building to ensure the building complies with relevant fire safety laws regardless of where the building is situated.


The Fire and Rescue Service has recently become aware of restrictions created by the 2004 amendments. Essentially, the affect is that the Fire and Rescue Service is now unable to enforce the (inaudible) issues to an owner or occupier of land if relevant fire safety laws are not being adhered to. This is unacceptable.


Accordingly, this bill will rectify the anomaly by splitting the hazard reduction powers to those powers or functions exercised in emergency response areas only, and those which encompass any part of the Territory. Other consequential amendments will also be made to the act; these amendments are about ensuring the Fire and Rescue Services are able to inspect buildings and other places for compliance purposes to the fullest extent possible in the public’s interest.


For example, the act currently permits the Fire and Rescue Service carrying out random inspections in buildings and other places used for ‘public entertainment or public gatherings’. It is unclear why the inspection of public buildings is confined to places used for public entertainment or public gatherings. These amendments will remove the limitation and permit the Fire and Rescue Service to inspect any public building or place for compliance with safety laws and to issue notices requiring an owner or occupier to take specified action if any breaches are found.


Lastly, the 2004 amendments to the act inserted section 27(a), which imposed mandatory regular inspections of prescribed classes of buildings. These buildings are uncontroversial and include such buildings as public and private hospitals, child care centres, shopping complexes and like. Schedule 2 of the regulations identifies the classes of building; however, nowhere in the regulations does it prescribe the buildings listed in Schedule 2, to be the class of buildings for the purposes of section 27(a).


This bill will amend regulation 11 by imposing the classes of buildings to be specified in Schedule 2, to be the prescribed buildings for section 27(a) of the act.


In addition, the phrase ‘authorised member’ is to be replaced with ‘authorised person’ in section 27(a) for consistency for the use of the phrase as applied elsewhere in the act.


Madam Speaker, I commend the bill to honourable members.


Debate adjourned.


 


[Index] [Search] [Bill] [Help]