Fire Services Joint Standing Committee Act 1998

This Act is the Fire Services Joint Standing Committee Act 1998.

This Act commences on a day or days to be appointed by proclamation.

In this Act:

Committee means the Fire Services Joint Standing Committee established by this Act.

exercise a function includes perform a duty.

function includes a power, authority or duty.

There is established by this Act a Fire Services Joint Standing Committee.

The Committee is to consist of 6 members as follows:

the Commissioner of New South Wales Fire Brigades,

the Commissioner of the NSW Rural Fire Service,

a member of staff of New South Wales Fire Brigades nominated from time to time by the Commissioner of New South Wales Fire Brigades,

a member of the NSW Rural Fire Service nominated from time to time by the Commissioner of the NSW Rural Fire Service,

a person appointed by the Minister on the recommendation of the NSW Fire Brigade Employees’ Union,

a person appointed by the Minister on the recommendation of the NSW Rural Fire Service Association.

Schedule 1 has effect with respect to the members and procedure of the Committee.

The Committee has the following functions:

to develop and submit to the Minister strategic plans for the delivery of comprehensive, balanced and co-ordinated urban and rural fire services at the interface of fire district boundaries and rural fire district boundaries,

to review periodically the boundaries of fire districts and rural fire districts and, if it considers it appropriate, to make recommendations to the Minister concerning those boundaries,

to develop and submit to the Minister implementation strategies to minimise duplication and maximise compatibility between the services of New South Wales Fire Brigades and the services of the NSW Rural Fire Service, with particular reference to the following areas:

infrastructure planning,

training activities,

community education programs,

equipment design,

to report to the Minister on any matter referred to the Committee by the Minister and, if it considers it appropriate, to make recommendations to the Minister concerning that matter,

such other functions as are conferred or imposed on the Committee by or under this or any other Act.

In this section:

fire district has the meaning given to it by the Fire and Rescue NSW Act 1989.

rural fire district has the meaning given to it by the Rural Fires Act 1997.

There is to be a Chairperson and a Deputy Chairperson of the Committee.

The positions of Chairperson and Deputy Chairperson are to be rotated between the Commissioner of New South Wales Fire Brigades and the Commissioner of the NSW Rural Fire Service as follows:

the Commissioner of New South Wales Fire Brigades is to be the first Chairperson of the Committee, and the Commissioner of the NSW Rural Fire Service is to be the first Deputy Chairperson of the Committee,

at each subsequent meeting of the Committee, the positions of Chairperson and Deputy Chairperson of the Committee are to be rotated between the Commissioner of New South Wales Fire Brigades and the Commissioner of the NSW Rural Fire Service.

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

In this Schedule:

appointed member means a member of the Committee appointed by the Minister.

Chairperson means the Chairperson of the Committee.

Deputy Chairperson means the Deputy Chairperson of the Committee.

member means a member of the Committee.

Subject to this Schedule, an appointed member holds office for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

A member (other than an appointed member) may, from time to time, appoint a person to be the member’s deputy, and may revoke any such appointment.

The Minister may, from time to time, appoint a person to be the deputy of an appointed member, and the Minister may revoke any such appointment.

The deputy of a member appointed on the recommendation of a particular body, group or person is to be appointed on the recommendation of that body, group or person.

In the absence of a member, the member’s deputy may, if available, act in the place of the member.

While acting in the place of a member, a person:

has all the functions of the member and is taken to be a member, and

is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.

For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.

This clause does not operate to confer on a deputy of a member who is the Chairperson or the Deputy Chairperson the member’s functions as Chairperson or Deputy Chairperson.