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Bill homepage (legislation.vic.gov.au)The purpose of this Act is to—
establish new governance arrangements for emergency management in Victoria; and
repeal the Fire Services Commissioner Act 2010; and
consequentially amend emergency management legislation and certain other Acts.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision referred to in subsection (1) does not come into operation before 1 September 2014, it comes into operation on that day.
In this Act—
S. 3 def. of Ambulance Service—Victoria inserted by No. 36/2018 s. 4(1).
Ambulance Service—Victoria has the same meaning as in section 3(1) of the Ambulance Services Act 1986;
S. 3 def. of Chief Officer amended by Nos 36/2018 s. 4(2)(a), 20/2019 s. 165(2).
Chief Officer—
means the following—
the Fire Rescue Commissioner of Fire Rescue Victoria;
the Chief Officer of the Country Fire Authority;
the Chief Fire Officer, Department of Environment, Land, Water and Planning;
the Chief Officer, Operations of the Victoria State Emergency Service Authority; and
includes any person nominated by a person referred to in paragraph (a) to exercise the powers of that person under section 38;
S. 3 def. of Class 1 emergency amended by Nos 20/2019 s. 165(3)(a), 36/2018 s. 22(2)(a).
Class 1 emergency means—
a major fire; or
any other major emergency for which Fire Rescue Victoria, the Country Fire Authority or the Victoria State Emergency Service Authority is the control agency under the state emergency management plan;
Class 2 emergency means a major emergency which is not—
a Class 1 emergency; or
a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria or at any other State or Territory of the Commonwealth; or
a hi-jack, siege or riot;
consequence management has the meaning given by section 45;
Country Fire Authority means the Country Fire Authority established under the Country Fire Authority Act 1958;
Department has the same meaning as it has in section 4(1) of the Public Administration Act 2004;
Department Head has the same meaning as it has in section 4(1) of the Public Administration Act 2004;
emergency means an emergency due to the actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of any person in Victoria or which destroys or damages, or threatens to destroy or damage, any property in Victoria or endangers or threatens to endanger the environment or an element of the environment in Victoria including, without limiting the generality of the foregoing—
an earthquake, flood, wind-storm or other natural event; and
a fire; and
an explosion; and
a road accident or any other accident; and
a plague or an epidemic or contamination; and
a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria or at any other State or Territory of the Commonwealth; and
a hi-jack, siege or riot; and
a disruption to an essential service;
S. 3 def. of emergency management inserted by No. 36/2018 s. 4(1).
emergency management means the arrangements for, or in relation to—
the mitigation of emergencies; and
the response to emergencies; and
the recovery from emergencies;
Emergency Management Commissioner means the office established under section 24;
S. 3 def. of emergency management plan inserted by No. 36/2018 s. 4(1), substituted by No. 36/2018 s. 41(1), amended by No. 36/2018 s. 58(2).
emergency management plan means one of the following—
the state emergency management plan;
a regional emergency management plan;
a municipal emergency management plan;
emergency management sector means the sector comprising all agencies, bodies, Departments and other persons who have a responsibility, function or other role in emergency management;
Emergency Management Victoria means the body corporate established under section 14;
S. 3 def. of Emergency Services Telecom-munications Authority repealed by No. 32/2023 s. 93(b).
* * * * *
S. 3 def. of Fire Rescue Victoria inserted by No. 20/2019 s. 165(4).
Fire Rescue Victoria means Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;
S. 3 def. of fire services agency amended by Nos 36/2018 s. 4(2)(b), 20/2019 s. 165(3)(b).
fire services agency means any of the following—
Fire Rescue Victoria;
the Country Fire Authority;
the Secretary to the Department of Environment, Land, Water and Planning;
fire services reform action plan means the plan developed under section 12 of the Fire Services Commissioner Act 2010 as in force immediately before the commencement of section 77;
IBAC has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011;
incident management operating procedures means operating procedures developed under section 50;
Inspector-General for Emergency Management means the office established under section 61;
major emergency means—
a large or complex emergency (however caused) which—
has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or
has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or
requires the involvement of 2 or more agencies to respond to the emergency; or
a Class 1 emergency; or
a Class 2 emergency;
major fire means a large or complex fire (however caused) which—
has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or
has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or
requires the involvement of 2 or more fire services agencies to suppress the fire; or
will, if not suppressed, burn for more than one day;
S. 3 def. of Metropolitan Fire and Emergency Services Board repealed by No. 20/2019 s. 165(1).
* * * * *
S. 3 def. of mitigation inserted by No. 36/2018 s. 4(1).
mitigation means the elimination or reduction of the incidence or severity of emergencies and the minimisation of their effects;
S. 3 def. of Municipal Association of Victoria inserted by No. 36/2018 s. 4(1).
Municipal Association of Victoria means the body corporate established under the Municipal Association Act 1907;
S. 3 def. of municipal council inserted by No. 36/2018 s. 4(1), amended by No. 9/2020 s. 390(Sch. 1 item 33).
municipal council has the same meaning as Council in section 3(1) of the Local Government Act 2020;
S. 3 def. of municipal district inserted by No. 36/2018 s. 4(1), amended by No. 9/2020 s. 390(Sch. 1 item 33).
municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;
S. 3 def. of municipal emergency management plan inserted by No. 36/2018 s. 58(1).
municipal emergency management plan, in relation to a municipal district, means a plan for that municipal district prepared by the Municipal Emergency Management Planning Committee for that municipal district in accordance with Division 2 of Part 6A and includes any updated municipal emergency management plan for that municipal district;
S. 3 def. of Municipal Emergency Management Planning Committee inserted by No. 36/2018 s. 58(1).
Municipal Emergency Management Planning Committee means a body established by section 59;
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 53.1).
recovery means the assisting of persons and communities affected by emergencies to achieve a proper and effective level of functioning;
S. 3 def. of region inserted by No. 36/2018 s. 22(1).
region means (other than in Part 7A) 2 or more municipal districts (and, if relevant, any area or areas of the State that are not part of a municipal district) that are declared to be a region under section 77A;
S. 3 def. of regional emergency management plan inserted by No. 36/2018 s. 41(2).
regional emergency management plan, in relation to a region, means a plan for that region prepared by the relevant Regional Emergency Management Planning Committee in accordance with Division 2 of Part 6A and includes any updated regional emergency management plan for that region;
S. 3 def. of Regional Emergency Management Planning Committee inserted by No. 36/2018 s. 41(2).
Regional Emergency Management Planning Committee means a body established by section 53;
S. 3 def. of responder agency amended by Nos 36/2018 s. 4(2)(c), 20/2019 s. 165(3)(c).
responder agency means the following—
Fire Rescue Victoria;
the Country Fire Authority;
the Victoria State Emergency Service Authority;
the Secretary to the Department of Environment, Land, Water and Planning;
any other agency prescribed to be a responder agency;
response means the combating of emergencies and the provision of rescue services;
S. 3 def. of Secretary to the Department of Environment and Primary Industries amended by No. 41/2014 s. 13, substituted as Secretary to the Department of Environment, Land, Water and Planning by No. 36/2018 s. 4(2)(d).
Secretary to the Department of Environment, Land, Water and Planning means the Secretary to the Department of Environment, Land, Water and Planning when performing its fire suppression functions, including under section 62(2)(a) of the Forests Act 1958;
State Crisis and Resilience Council means the Council established under section 6;
S. 3 def. of state emergency management plan inserted by No. 36/2018 s. 4(1).
state emergency management plan means the plan prepared by the Emergency Management Commissioner in accordance with Division 2 of Part 6A and includes an updated state emergency management plan;
S. 3 def. of state emergency recovery plan repealed by No. 36/2018 s. 22(2)(b).
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S. 3 def. of state emergency response plan repealed by No. 36/2018 s. 22(2)(c).
* * * * *
State Response Controller means a person appointed as a State Response Controller under section 37;
Strategic Action Plan means the plan prepared under section 12;
S. 3 def. of Triple Zero Victoria inserted by No. 32/2023 s. 93(a).
Triple Zero Victoria has the same meaning as in the Triple Zero Victoria Act 2023;
S. 3 def. of Victoria Police inserted by No. 36/2018 s. 4(1).
Victoria Police means the body established by section 6 of the Victoria Police Act 2013;
Victoria State Emergency Service Authority means the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005;
work program means a work program for an agency included in a Strategic Action Plan.
This Act must be read and construed as one with the Emergency Management Act 1986.
Unless inconsistent with the context or subject-matter, words or expressions defined in the Emergency Management Act 1986 have the same meaning in this Act.
The objectives of this Act are to—
foster a sustainable and efficient emergency management system that minimises the likelihood, effect and consequences of emergencies; and
establish efficient governance arrangements that—
clarify the roles and responsibilities of agencies; and
facilitate cooperation between agencies; and
ensure the coordination of emergency management reform within the emergency management sector; and
S. 5(c) substituted by No. 36/2018 s. 5.
implement an "all communities—all emergencies" approach to emergency management; and
S. 5(d) inserted by No. 36/2018 s. 5, amended by No. 36/2018 ss 42, 59.
establish integrated arrangements for emergency management planning in Victoria at the State, regional and municipal levels.
Part 2—State Crisis and Resilience Council
The State Crisis and Resilience Council is established.
S. 7 substituted by No. 43/2015 s. 4.
The role of the State Crisis and Resilience Council is—
to act as the peak crisis and emergency management advisory body in Victoria responsible for providing advice to the Minister in relation to—
the whole of government policy and strategy for emergency management in Victoria; and
the implementation of that policy and strategy; and
S. 7(b) amended by No. 36/2018 s. 6(1), repealed by No. 36/2018 s. 23(1).
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S. 7(c) inserted by No. 36/2018 s. 6(2).
to consider the state emergency management plan submitted by the Emergency Management Commissioner to the State Crisis and Resilience Council for approval; and
S. 7(d) inserted by No. 36/2018 s. 6(2), amended by No. 36/2018 s. 23(2).
when consulted, to provide advice on any guidelines to be issued by the Minister under section 77; and
S. 7(e) inserted by No. 36/2018 s. 23(3).
when consulted, to provide advice to the Minister on declaring regions under section 77A.
The State Crisis and Resilience Council consists of the following members—
the Department Head of each Department;
the Chief Commissioner of Police;
the Chief Executive, Emergency Management Victoria;
the Emergency Management Commissioner;
the Inspector-General for Emergency Management as an observer;
the Chief Executive Officer of the Municipal Association of Victoria as a representative of local government.
The Secretary for the Department of Premier and Cabinet is the Chairperson of the State Crisis and Resilience Council.
S. 8(3) amended by Nos 36/2018 s. 7, 41/2025 s. 4(Sch. 2 item 11.1).
The Secretary for the Department of Justice and Community Safety is the Deputy Chairperson of the State Crisis and Resilience Council.
A member of the State Crisis and Resilience Council may nominate a person who holds a specified office to act as alternate member.
An alternate member has, while acting for the member, the powers and authority of the member.
The Inspector-General for Emergency Management cannot vote on any matter or propose a resolution at a meeting of the State Crisis and Resilience Council but is otherwise entitled to participate in the business of the meeting.
The Chief Executive, Emergency Management Victoria and the Emergency Management Commissioner are responsible for advising the State Crisis and Resilience Council in relation to any matter being considered by the State Crisis and Resilience Council on behalf of the following—
S. 8(7)(a) substituted by No. 20/2019 s. 166.
Fire Rescue Victoria;
the Country Fire Authority;
the Victoria State Emergency Service Authority;
S. 8(7)(d) amended by No. 32/2023 s. 94.
Triple Zero Victoria.
Subject to this Act, the State Crisis and Resilience Council may regulate its own procedure.
The State Crisis and Resilience Council must meet at least 4 times each year.
A quorum at a meeting of the State Crisis and Resilience Council consists of the Chairperson and 4 other members other than the Inspector‑General for Emergency Management.
The State Crisis and Resilience Council may establish as many standing subcommittees as it considers necessary to enable it to perform its functions.
The State Crisis and Resilience Council must determine the terms of reference of a standing subcommittee.
The State Crisis and Resilience Council must appoint the members of a standing subcommittee.
The State Crisis and Resilience Council must appoint one of the members of a standing subcommittee to be the chairperson.
A standing subcommittee must complete a work plan having regard to—
its terms of reference; and
any relevant provisions of the Strategic Action Plan.
A work plan must include things to be done, projects to be undertaken or measures to be met, to enhance emergency management in relation to the designated subject matter area of the standing subcommittee.
A standing subcommittee must submit a work plan to the State Crisis and Resilience Council for approval—
each year; or
at any other interval determined by the State Crisis and Resilience Council.
The State Crisis and Resilience Council must develop a rolling three-year Strategic Action Plan to be submitted to the Minister for approval.
In preparing the Strategic Action Plan, the State Crisis and Resilience Council may include any provisions and actions included in the fire services reform action plan which the State Crisis and Resilience Council considers are necessary or appropriate to be continued under the new emergency management governance arrangements.
Without limiting the generality of subsection (2), the Strategic Action Plan must include a work program for each agency.
A work program must include in respect of the agency to which it applies—
things to be done, projects to be undertaken or measures to be met by the agency to enhance the agency's operational capacity and capability including, where relevant, encouraging, strengthening and maintaining the capacity and capability of volunteers and the community; and
things to be done, projects to be undertaken or measures to be met, to improve the agency's capacity to operate together with other agencies in planning and preparing for the response to, and in responding to, major emergencies.
The State Crisis and Resilience Council must consult with each agency in developing a work program.
The State Crisis and Resilience Council must in developing a work program have regard to the resources of the agency.
Before approving the Strategic Action Plan, the Minister must consult with other relevant Ministers.
The Minister may approve the Strategic Action Plan.
The State Crisis and Resilience Council must cause the Strategic Action Plan, as approved by the Minister, to be published on Emergency Management Victoria's Internet site.
S. 12(10) amended by No. 32/2023 s. 95.
In this section and section 13, agency means a responder agency or Triple Zero Victoria.
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