South Australia: Fire and Emergency Services Act 2005 (SA)

South Australia Fire and Emergency Services Act 2005 An Act to establish the South Australian Fire and Emergency Services Commission and to provide for the Commission's role in the governance, strategic and policy aspects of the emergency services sector; to provide for the continuation of a metropolitan fire and emergency service, a country fire and emergency service, and a State emergency service; to provide for the prevention, control and suppression of fires and for the handling of certain emergency situations; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Establishment of areas for fire and emergency services 4A Areas of urban bushfire risk 5 Application of Act Part 2—South Australian Fire and Emergency Services Commission Division 1—Establishment of Commission 6 Establishment of Commission 7 Ministerial control Division 2—Functions and powers of Commission 8 Functions and powers 9 Directions Division 3—Constitution of board 10 Establishment of Board 11 Constitution of Board 12 Terms and conditions of membership 13 Vacancies or defects in appointment of members 14 Proceedings 15 Conflict of interest under Public Sector (Honesty and Accountability) Act Division 4—Chief Executive and staff 16 Chief Executive 17 Staff 17A Workforce plans Division 5—Committees 19 Committees Division 6—Delegation 20 Delegation Division 7—Accounts, audits and reports 21 Accounts and audit 22 Annual reports Division 8—Common seal and execution of documents 23 Common seal and execution of documents Part 3—The South Australian Metropolitan Fire Service Division 1—Continuation of service 24 Continuation of service 25 Constitution of SAMFS Division 2—Functions and powers 26 Functions and powers Division 3—Chief Officer and staff 27 Chief Officer 28 Deputy Chief Officer and Assistant Chief Officers 29 Other officers and firefighters 30 Employees 31 Staff 32 Workforce plans 33 Delegation Division 4—Fire brigades 34 Fire brigades Division 5—Fire and emergency safeguards 35 Interpretation and application 36 Power to enter and inspect a public building 37 Rectification where safeguards inadequate 38 Closure orders 39 Powers in relation to places at which danger of fire may exist 40 Related matters Division 6—Powers and duties relating to fires and emergencies Subdivision 1—Exercise of control at scene of fire or other emergency 41 Exercise of control at scene of fire or other emergency Subdivision 2—Exercise of powers at scene of fire or other emergency 42 Powers Subdivision 3—Related matters 43 Provision of water 44 Supply of gas or electricity Division 7—Discipline Subdivision 1—The Disciplinary Committee 45 The South Australian Metropolitan Fire Service Disciplinary Committee Subdivision 2—Disciplinary proceedings 46 Chief Officer may reprimand 47 Proceedings before Disciplinary Committee 48 Suspension pending hearing of complaint Subdivision 3—Appeals 49 Review by SAET 51 Participation of supplementary panel members in reviews Division 8—Related matters 52 Accounts and audit 53 Annual reports 54 Common seal and execution of documents 55 UFU Part 4—The South Australian Country Fire Service Division 1—Continuation of service 57 Continuation of service 58 Constitution of SACFS 58A Parliamentary recognition of SACFS Volunteer Charter Division 2—Functions and powers 59 Functions and powers Division 3—Chief Officer and staff 60 Chief Officer 61 Deputy Chief Officer and Assistant Chief Officers 62 Other officers 63 Employees 64 Staff 65 Workforce plans 66 Delegation Division 4—SACFS regions 67 SACFS regions Division 5—Organisational structure 68 Establishment of SACFS 69 Country Fire Service Volunteers Association Division 5A—Industry brigades 69A Preliminary 69B Designated areas for industry brigades 69C Establishment of industry brigades 69D Registration of industry brigades 69E Chief Officer may give directions 69F Exclusion of certain claims Division 6—Command structure 70 Command structure Division 6A—Fire and emergency safeguards 70A Interpretation 70B Power to enter and inspect a public building 70C Rectification where safeguards inadequate 70D Closure orders etc 70E Powers in relation to places at which danger of fire may exist 70F Related matters Division 7—Fire prevention authorities—country areas and urban bushfire risk areas Subdivision 1—State Bushfire Coordination Committee 71 State Bushfire Coordination Committee 71A Functions of State Bushfire Coordination Committee 71B Power of delegation 71C Use of facilities 71D Validity of acts 71E Annual reports 71F Specific reports Subdivision 2—Bushfire management committees 72 Establishment of bushfire management areas 72A Establishment of bushfire management committees 72B Functions of bushfire management committees 72C Power of delegation 72D Use of facilities 72E Validity of acts Division 7A—Bushfire management plans 73 State Bushfire Management Plan 73A Bushfire Management Area Plans Division 8—Fire prevention Subdivision 1—Fire danger season 78 Fire danger season 79 Fires during fire danger season Subdivision 2—Total fire ban 80 Total fire ban Subdivision 3—Permits 81 Permit to light and maintain a fire Subdivision 4—Power of direction 82 Power to direct Subdivision 6—Miscellaneous precautions against fire 86 Fire safety at premises 87 Removal of debris from roads 89 Restriction on use of certain appliances etc 91 Duty to report unattended fires Subdivision 7—Supplementary provisions 93 Delegation by councils 94 Failure by a council to exercise statutory powers 95 Endangering life or property 95A Other regulatory provisions Division 9—Powers and duties relating to fires and emergencies Subdivision 1—Exercise of control at scene of fire or other emergency 96 Exercise of control at scene of fire or other emergency Subdivision 2—Exercise of powers at scene of fire or other emergency 97 Powers Subdivision 3—Related matters 98 Provision of water 99 Supply of gas or electricity Division 10—Related matters 100 Accounts and audit 101 Annual reports 102 Common seal and execution of documents 103 Fire control officers 104 Giving of expiation notices 105 Appropriation of penalties Part 4A—Fire prevention Division 1—Interpretation 105A Interpretation Division 2—Fire prevention officers 105B Fire prevention officers 105C Functions of fire prevention officers 105D Delegations 105E Reports Division 3—Duties to prevent fires 105F Private land 105G Council land 105H Crown land 105I Commonwealth land Division 4—Related provisions 105IA Power of direction by police officer 105J Additional provision in relation to powers of authorised persons 105K Review by Chief Officer Part 5—The South Australian State Emergency Service Division 1—Continuation of service 106 Continuation of service 107 Constitution of SASES 107A Parliamentary recognition of SASES Volunteer Charter Division 2—Functions and powers 108 Functions and powers Division 3—Chief Officer and staff 109 Chief Officer 110 Deputy Chief Officer and Assistant Chief Officers 111 Other officers 112 Employees 113 Staff 114 Workforce plans 115 Delegation Division 4—SASES units 116 SASES units Division 4A—Command structure 116A Command structure Division 5—Powers and duties relating to emergencies Subdivision 1—Exercise of control at scene of emergency 117 Exercise of control at scene of emergency Subdivision 2—Exercise of powers at scene of emergency 118 Powers Subdivision 3—Related matter 119 Supply of gas or electricity Division 6—Related matters 120 Accounts and audit 121 Annual reports 122 Common seal and execution of documents 123 S.A.S.E.S. Volunteers' Association Incorporated Part 6—Miscellaneous 124 Investigations 125 Obstruction etc 126 Impersonating an emergency services officer etc 127 Protection from liability 127A Employment 128 Exemption from certain rates and taxes 129 Power to provide sirens 130 Provision of uniforms 131 Protection of names and logos 132 Attendance by police 133 Disclosure of information 134 Unauthorised fire brigades 135 Interference with fire plugs, fire alarms etc 136 False or misleading statements 137 Continuing offences 138 Offences by body corporate 139 Onus of proof 140 Evidentiary 141 Insurance policies to cover damage 142 Payment of costs and expenses for certain vessels and property 143 Fees 144 Services 145 Acting outside the State 146 Recognised interstate organisations 147 Inquests 148 Regulations 149 Review of Act Schedule 1—Appointment and selection of supplementary panel members for reviews under Part 3 Schedule 2—Code of conduct to be observed by officers and firefighters for the purposes of Part 3 Schedule 5—Regulations Schedule 6—Transitional provisions Part 11—Transitional provisions 14 Special provisions relating to the repeal of the Country Fires Act 1989 15 Specific provisions relating to the repeal of the South Australian Metropolitan Fire Service Act 1936 16 Specific provisions relating to the repeal of the State Emergency Service Act 1987 17 Staff 18 Presiding member of Commission 19 Other provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Fire and Emergency Services Act 2005. 3—Interpretation (1) In this Act, unless the contrary intention appears— appointed member of the Board means a member of the Board appointed by the Governor under section 11(1); award includes— (a) an award or order of SAET; and (b) an award or order of the Australian Industrial Relations Commission; Board means the board established as the governing body of the Commission under Part 2 Division 3; CE of the Commission means the person holding the office of Chief Executive of the Commission under Part 2 Division 4 and includes a person for the time being acting in that office; Chief Officer of SACFS means the person holding the office of Chief Officer of SACFS under Part 4 Division 3 and includes a person for the time being acting in that office; Chief Officer of SAMFS means the person holding the office of Chief Officer of SAMFS under Part 3 Division 3 and includes a person for the time being acting in that office; Chief Officer of SASES means the person holding the office of Chief Officer of SASES under Part 5 Division 3 and includes a person for the time being acting in that office; Commission means the South Australian Fire and Emergency Services Commission established under Part 2 Division 1; council means a council constituted under the Local Government Act 1999; country means any part of the State outside an SAMFS fire district; department means the administrative unit of the Public Service designated from time to time by the Minister by notice in the Gazette as the department for the purposes of this Act; designated urban bushfire risk area means an area of urban bushfire risk designated under section 4A; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; emergency means an event (whether occurring in the State, outside the State or in and outside the State) that causes, or threatens to cause— (a) the death of, or injury or other damage to the health of, any person; or (b) the destruction of, or damage to, any property; or (c) a disruption to essential services or to services usually enjoyed by the community; or (d) harm to the environment, or to flora or fauna; emergency services organisation means— (a) SAMFS; or (b) SACFS; or (c) SASES; emergency services sector comprises— (a) the Commission; and (b) SAMFS; and (c) SACFS; and (d) SASES; ex officio member of the Board means a member of the Board who holds office ex officio under section 12(1); fire control officer means a fire control officer appointed by the Chief Officer of SACFS under section 103; fire danger season, in relation to a part of the State, means a fire danger season fixed for that part of the State under Part 4 Division 8; fire district means a fire district established under section 4 for the purposes of the operations of SAMFS; firefighter includes a control room operator; fire-fighting means any activity directed towards— (a) preventing, controlling or extinguishing fires; (b) dealing with other emergencies that require SAMFS or SACFS to act to protect life, property or the environment; fire prevention officer means a fire prevention officer appointed by a council under Part 4A Division 2; forest reserve means a forest reserve under the Forestry Act 1950; industrial agreement means— (a) an enterprise agreement in force under the Fair Work Act 1994; or (b) a certified agreement or an Australian workplace agreement in force under the Workplace Relations Act 1996 of the Commonwealth as amended from time to time; industry brigade means a brigade registered under Part 4 Division 5A; land means, according to the context— (a) land as a physical entity, including any building or structure on, or improvement to, land; (b) a legal estate or interest in, or right in respect of, land; LGA means the Local Government Association of South Australia; misconduct, in relation to an officer or firefighter of SAMFS, means a contravention of or a failure to comply with the Code of Conduct set out in Schedule 2; officer of an emergency services organisation means a person who is designated as an officer of that organisation by the Chief Officer of the organisation; owner— (a) in relation to land alienated from the Crown in fee simple—means the owner of an estate in fee simple in the land; (b) in relation to land held from the Crown by lease, licence or agreement to purchase—means the lessee, licensee or purchaser, and includes the occupier; private land means— (a) land alienated from the Crown in fee simple; or (b) land held from the Crown by lease, licence or agreement to purchase, other than land under the care, control or management of a council or a Minister, agency or instrumentality of the Crown; public sector agency means a public sector agency under the Public Sector Act 2009; relative, in relation to a person, means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person; rescue means the safe removal of persons or animals from actual or threatened danger of physical harm; rural council means a council whose area lies wholly or partially outside a fire district; SACFS means the South Australian Country Fire Service under Part 4; SACFS brigade means a brigade established under section 68; SACFS organisation means— (a) an SACFS brigade; or (b) an SACFS group; SACFS region means a region established under Part 4 Division 4; SAET means the South Australian Employment Tribunal established under the South Australian Employment Tribunal Act 2014; SAMFS means the South Australian Metropolitan Fire Service under Part 3; SASES means the South Australian State Emergency Service under Part 5; SASES unit means an SASES unit established under Part 5 Division 4; spouse—a person is the spouse of another if they are legally married; UFU means— (a) the United Firefighters' Union of South Australia Incorporated; and (b) the United Firefighters' Union of Australia (South Australian Branch); vehicle includes an aircraft or vessel. (1a) A reference in this or any other Act to— (a) an officer of SACFS includes a reference to a member of an industry brigade designated as an officer of that brigade by the Chief Officer of SACFS; and (b) a member of SACFS includes a reference to a member of an industry brigade. (1b) To avoid doubt, Part 4 Divisions 1 to 3 (inclusive) of this Act do not apply in relation to an officer or member of an industry brigade. (2) For the purposes of this Act, bushfire prevention relates to any reasonable action that may be taken in the country areas of the State— (a) to reduce or eliminate the risk of outbreak of bushfires; or (b) to prevent or inhibit— (i) the spread of any bushfire; or (ii) any increase in the intensity or seriousness of any bushfire; or (c) to mitigate the effect of any bushfire. (3) SACFS, the State Bushfire Coordination Committee and each bushfire management committee must, in the exercise and performance of powers and functions under this Act— (a) have due regard to the impact of their actions on the environment; and (b) seek to achieve a proper balance between bushfire prevention and proper land management in the country. (4) For the purposes of this Act, a person is an associate of another person if— (a) the other person is a relative of the person or of the person's spouse or domestic partner; or (b) the other person— (i) is a body corporate; and (ii) the person or a relative of the person or of the person's spouse or domestic partner has, or 2 or more such persons together have, a relevant interest or relevant interests in shares in the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate; or (c) the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner, or a body corporate referred to in paragraph (b), is a beneficiary; or (d) the person is declared by the regulations to be an associate of the other person. (5) To avoid doubt, a person cannot, at any particular time, be the Chief Officer of more than 1 emergency services organisation. 4—Establishment of areas for fire and emergency services (1) The Commission may, by notice in the Gazette, establish a fire district or fire districts for the purposes of the operations of SAMFS. (2) The Commission may, by notice in the Gazette— (a) vary the boundaries of a fire district; (b) abolish a fire district. (3) Those parts of the State that lie outside a fire district will be taken to be the areas of the State that apply for the purposes of the operations of SACFS. (4) In addition— (a) SAMFS may act outside a fire district that applies under subsection (1), and SACFS may act outside an area that applies under subsection (3) (subject to any other provision made by this Act); and (b) SAMFS and SACFS operations include acting in relation to any vessel. (5) SASES may act in any part of the State (subject to any other provision made by this Act). (6) Before a notice is published under subsection (1) or (2), the Commission must consult with— (a) the Chief Officer of SAMFS; and (b) the Chief Officer of SACFS. 4A—Areas of urban bushfire risk (1) The Commission may, by notice in the Gazette, designate an area within a fire district as an area of urban bushfire risk (a designated urban bushfire risk area). (2) The Commission may, by notice in the Gazette— (a) vary an area designated under subsection (1); or (b) revoke the designation of an area under subsection (1). (3) Before a notice is published under subsection (1) or (2), the Commission must consult with— (a) the Chief Officer of SAMFS; and (b) the Chief Officer of SACFS; and (c) any Minister designated by the Minister under this Act as being a Minister who has a significant interest in the matter; and (d) any council whose area would be, or is, within the designated urban bushfire risk area. (4) The period for consultation with a council will be 6 weeks, or such longer period as the Commission considers reasonable in the circumstances. 5—Application of Act (1) This Act is in addition to and does not limit, or derogate from, the provisions of any other Act. (2) This Act does not apply in relation to the taking of measures to bring an industrial dispute to an end or to control civil disorders (but may apply in relation to any fire or other emergency arising during the course of an industrial dispute or any civil disorder). Part 2—South Australian Fire and Emergency Services Commission Division 1—Establishment of Commission 6—Establishment of Commission (1) The South Australian Fire and Emergency Services Commission is established. (2) The Commission— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued in its corporate name; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this or any other Act. (3) The Commission is an agency of the Crown and holds its property on behalf of the Crown. 7—Ministerial control (1) The Commission is subject to the control and direction of the Minister. (2) A direction given to the Commission under this section must be in writing. (3) The Minister must, within 6 sitting days after giving a direction to the Commission under this section, have copies of the direction laid before both Houses of Parliament. (4) If the Minister gives a direction under this section, the Commission must cause a statement of the fact that the direction was given to be published in its next annual report. Division 2—Functions and powers of Commission 8—Functions and powers (1) The Commission has the following functions: (a) to develop and maintain a strategic and policy framework across the emergency services sector; (b) to develop and implement a framework of sound corporate governance across the emergency services sector; (c) to ensure that appropriate strategic, administrative and other support services are provided to the emergency services organisations; (d) to ensure that appropriate strategic and business plans are developed, maintained and implemented across the emergency services sector; (e) to provide for the effective allocation of resources within the emergency services sector; (ea) to ensure that the emergency services organisations have appropriate financial and asset management plans in place; (f) to ensure that the emergency services organisations have appropriate systems and practices in place— (i) to provide for effective management and planning; and (ii) to monitor management performance against plans and targets, and to take corrective action as necessary; (g) to ensure that the emergency services organisations maintain appropriate risk-management systems and practices; (h) to ensure that the emergency services organisations regularly review, and revise as necessary, their plans, structures, systems, targets and practices to address changing circumstances and to improve the provision of emergency services and business practices; (i) to ensure that the emergency services organisations meet their statutory responsibilities and comply with the provisions of this or any other relevant Act; (j) to ensure the observance of high ethical standards within the emergency services sector; (k) to foster and support career development opportunities for officers and staff within the emergency services sector; (l) to support and encourage voluntary participation in SACFS and SASES, and to foster and support personal development opportunities for members of the emergency services organisations; (m) to recognise outstanding achievements of persons who are involved in the provision of fire and emergency services, or who take action or assist at the scene of any fire or emergency or who otherwise support the objectives or activities of the emergency services sector (or any part of that sector), within any part of the State; (n) to ensure that there is effective consultation with the community in relation to the operation of this Act; (o) to disseminate knowledge in the field of fire and emergency services in order to advance community safety; (p) to undertake a leadership role from a strategic perspective with respect to emergency management within the State and to maintain an appropriate level of liaison with other bodies responsible for the management of emergencies in the State; (q) to provide regular reports to the Minister on the activities and performance of the emergency services sector; (r) to provide to the Minister reports or advice in relation to the operation of this Act or the provision of emergency services under this Act; (s) to perform any other function assigned to the Commission by or under this or any other Act. (2) The Commission 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) The Commission must prepare a charter relating to its functions and operations. (4) The Commission must provide a copy of the charter to the Minister and ensure that it is publicly available. 9—Directions (1) Subject to subsection (2), the Commission may, in performing its functions, give directions to SAMFS, SACFS or SASES. (2) The Commission may not give a direction in relation to any matter concerning the procedures that are relevant to responding to an emergency situation or to dealing with any matter that may arise at the scene of an emergency. Division 3—Constitution of board 10—Establishment of Board (1) The Commission is administered by a board established as the governing body of the Commission under this Division. (1a) In acting under subsection (1), the Board is responsible for— (a) establishing the strategic direction of the Commission; and (b) ensuring that the functions of the Commission are effectively exercised in accordance with this or any other Act; and (c) developing an annual budget for the Commission and monitoring results against the Commission's budget on a regular basis; and (d) monitoring and assessing the performance and outcomes of the Commission against its statutory, strategic and other responsibilities, goals and objectives. (2) An act done or decision made by the Board (including by exercising any power of the Commission under this or any other Act) is an act or decision of the Commission. 11—Constitution of Board (1) The Board consists of the following members: (a) the presiding member, being a member appointed by the Governor who is not an officer, member or employee of an emergency services organisation; and (ab) the person for the time being holding the position of Chief Executive of the Commission under Division 4; and (b) the Chief Officer of SAMFS; and (c) the Chief Officer of SACFS; and (d) the Chief Officer of SASES; and (e) 5 members appointed by the Governor of whom— (i) 1 must be a person appointed on the nomination of the Country Fire Service Volunteers Association; and (ii) 1 must be a person appointed on the nomination of S.A.S.E.S. Volunteers Association Incorporated; and (iia) 1 must be a person appointed on the nomination of UFU; and (iii) 2 must be persons appointed on the nomination of the Minister, each being a person who, in the opinion of the Minister, is qualified for appointment to the board because of his or her knowledge of, or experience in, one or more of the fields of commerce, economics, finance, accounting, law or public administration and each being a person who has suitable volunteer experience as determined under regulations made for the purposes of this provision. (2) At least 1 member of the Board must be a woman and at least 1 member must be a man. (3) The Governor may appoint a suitable person to be the deputy of a member of the Board (including an ex officio member of the Board) and that person may, in the absence of that member, act as a member of the Board. 12—Terms and conditions of membership (1) A member of the Board, other than an appointed member, holds office ex officio. (2) An appointed member of the Board will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (3) The Governor may remove an appointed member of the Board from office— (a) for breach of, or non-compliance with, a condition of appointment; or (b) for misconduct; or (c) for being absent from 4 or more consecutive meetings of the Board without leave of the Board; or (d) for failure or incapacity to carry out official duties satisfactorily. (4) The office of an appointed member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (3). 13—Vacancies or defects in appointment of members (1) An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. (2) On the office of an appointed member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office. 14—Proceedings (1) The presiding member will, if present at a meeting of the Board, preside at that meeting, and in the absence of that member, the members present (and voting) will decide who is to preside. (2) 5 members of the Board constitute a quorum of the Board. (3) Each member of the Board present at a meeting of the Board has 1 vote on a matter arising for decision at the meeting and, if these votes are equal, the member of the Board presiding at the meeting does not have a second or casting vote. (5) A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and (b) a majority of the members of the Board express concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution. (7) The Board must have accurate minutes kept of its meetings. (8) Subject to this Act, the Board may determine its own procedures. 15—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter by virtue of being a member of an emergency services organisation. Division 4—Chief Executive and staff 16—Chief Executive (1) The office of Chief Executive (CE) of the Commission is established. (2) The CE— (a) unless otherwise determined by the Minister, must be a person with experience in the provision of fire or emergency services; and (b) will be appointed by the Minister on conditions determined by the Minister for a term, not exceeding 5 years, specified in the instrument of appointment (and, at the expiration of a term of appointment, is eligible for reappointment). (3) The CE is responsible for— (a) managing the staff and resources of the Commission; and (b) giving effect to the policies and decisions of the Board; and (c) undertaking other executive management roles associated with the activities of the Commission; and (d) performing other functions assigned to the CE by the Board. (4) The Minister may, while the CE is absent from the duties of office or while the position of CE is temporarily vacant, appoint a person to act in the office of CE (on conditions determined by the Minister). (5) A person appointed under subsection (4) will not act as a deputy member of the Board unless specifically appointed as a deputy of the CE under section 11(3). 17—Staff (1) The staff of the Commission will comprise— (a) persons appointed by the Chief Executive of the Commission on terms and conditions determined by the Chief Executive and approved by the Commissioner for Public Sector Employment (on the basis that the Chief Executive (and any successor) is the employer); (b) persons employed in a public sector agency and made available to assist the Commission. (2) The Commission is responsible for any costs or expenses associated with the employment of a person under subsection (1)(a). 17A—Workforce plans For the purposes of appointments to the staff of the Commission under this Division— (a) the CE of the Commission must, at least once in every year, submit a workforce plan for approval by the Commission; and (b) the Commission may approve a workforce plan submitted by the CE of the Commission without amendment, or with any amendments determined by the Commission after consultation with the CE of the Commission; and (c) the CE of the Commission must not make an appointment under this Division unless it accords with the workforce plan last approved by the Commission. Division 5—Committees 19—Committees (1) The Commission must establish a committee to provide advice to the Commission in respect of— (a) matters related to the employees of emergency services organisations; and (b) matters related to volunteers with emergency services organisations; and (c) other matters referred to the committee by the Commission, and may establish any other committees (including advisory committees) that the Commission thinks fit. (2) Subject to any direction of the Minister, the membership of a committee will be determined by the Commission. (3) A committee may, but need not, consist of, or include, members of the Board. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as prescribed by the regulations; (b) insofar as the procedure is not determined under paragraph (a)—as determined by the Commission; (c) insofar as the procedure is not determined under paragraph (a) or (b)—as determined by the relevant committee. Division 6—Delegation 20—Delegation (1) The Commission may delegate a power or function under this or any other Act— (a) to a member of the Board; or (b) to a committee established by the Commission; or (c) to a person for the time being holding or acting in a particular office or position; or (d) to any other person or body. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Commission to act in any matter; and (d) is revocable at will by the Commission. (3) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. Division 7—Accounts, audits and reports 21—Accounts and audit (1) The Commission must— (a) keep proper accounting records in relation to its financial affairs, and have annual statements of account prepared in respect of each financial year; and (b) cause consolidated statements of account for the emergency services sector to be prepared in respect of each financial year. (2) The Auditor-General may at any time audit the accounts of the Commission or of the emergency services sector and must audit the annual statements of account required under this section. 22—Annual reports (1) The Commission must, on or before 31 October in each year, provide to the Minister a report on the activities of the emergency services sector during the preceding financial year (and need not provide a report under the Public Sector Act 2009). (2) The report must— (a) incorporate the information contained in the annual reports of the emergency services organisations for the relevant financial year; and (b) include the audited statements of account required under this Division; and (c) include any other information that would be required if the Commission were reporting under the Public Sector Act 2009; and (d) comply with any other requirements prescribed by or under this Act or the regulations. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. Division 8—Common seal and execution of documents 23—Common seal and execution of documents (1) The common seal of the Commission must not be affixed to a document except in pursuance of a decision of the Board and the affixing of the seal must be attested by the signatures of 2 members of the Board. (2) The Commission may, by instrument under its common seal, authorise a member of the Board, a member of the staff of the Commission (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Commission subject to conditions and limitations (if any) specified in the instrument of authority. (3) Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the Commission. (4) A document is duly executed by the Commission if— (a) the common seal of the Commission is affixed to the document in accordance with this section; or (b) the document is signed on behalf of the Commission by a person or persons in accordance with an authority conferred under this section. (5) If an apparently genuine document purports to bear the common seal of the Commission, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Commission has been duly affixed to that document. Part 3—The South Australian Metropolitan Fire Service Division 1—Continuation of service 24—Continuation of service (1) The South Australian Metropolitan Fire Service (SAMFS) continues in existence. (2) SAMFS— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued in its corporate name; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this or any other Act. (3) SAMFS is an agency of the Crown and holds its property on behalf of the Crown. 25—Constitution of SAMFS (1) SAMFS consists of— (a) the Chief Officer of SAMFS; and (b) all other officers and firefighters of SAMFS; and (c) all other employees of SAMFS. (2) The Chief Officer of SAMFS is responsible for the management and administration of SAMFS (and will, in undertaking this responsibility, also be the Chief Executive of SAMFS). (3) An act done or decision made by the Chief Officer in the management or administration of the affairs of SAMFS (including by exercising any power of SAMFS under this or any other Act) is an act or decision of SAMFS. Division 2—Functions and powers 26—Functions and powers (1) SAMFS has the following functions: (a) to provide services with a view to preventing the outbreak of fires, or reducing the impact of fires, in any fire district; (b) to provide efficient and responsive services in any fire district for the purpose of fighting fires, dealing with other emergencies or undertaking any rescue; (c) to protect life, property and environmental assets from fire or other emergencies in any fire district; (d) to develop and maintain plans to cope with the effects of fires or emergencies in any fire district; (e) to provide services or support to assist with recovery in the event of a fire or other emergency in a fire district; (f) to perform any other function assigned to SAMFS by or under this or any other Act. (2) SAMFS 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) SAMFS may, for example— (a) enter into any form of contract or arrangement; (b) acquire, hold, deal with and dispose of real and personal property; (c) provide and maintain appliances and equipment for fire stations and fire brigades; (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. Division 3—Chief Officer and staff 27—Chief Officer (1) The office of Chief Officer of SAMFS is established (and a reference in this Part to the "Chief Officer" will be a reference to the Chief Officer of SAMFS). (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 SAMFS, the Chief Officer has ultimate responsibility for the operations of SAMFS and may therefore— (a) control all resources of SAMFS; and (b) manage the staff of SAMFS and give directions to its members; and (c) assume control of any SAMFS 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 SAMFS. 28—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)). 29—Other officers and firefighters (1) SAMFS will have such other officers and firefighters as the Chief Officer thinks fit to appoint. (2) The following procedures will apply in relation to appointments under this section: (a) if the Chief Officer wishes to appoint a person to a position under this section, the Chief Officer must first nominate that person for appointment; (b) the Chief Officer must then give notice of the nomination to all officers and firefighters who are of the same rank as, or of a lower rank than, the position to which the Chief Officer wishes to make the appointment; (c) an officer or firefighter who is entitled to notice of the nomination under paragraph (b) may, within 14 days after the notice is given, apply to SAET under Part 3 Division 1 of the South Australian Employment Tribunal Act 2014 for a review of the nomination; (d) the Chief Officer may confirm the nomination if no application is made within the time allowed under paragraph (c) but if an application is so made within such time then the Chief Officer must comply with any direction given by SAET in the matter; (e) in relation to a review instituted under paragraph (c)— (i) SAET will, if the President of SAET so determines, sit with supplementary panel members selected in accordance with Schedule 1; and (ii) an applicant may appear personally or be represented by a member of an industrial association to which the applicant belongs or by a legal practitioner; and (iii) the Chief Officer may appear personally or be represented by another officer of SAMFS or, if an applicant is being represented by a legal practitioner, the Chief Officer may also be represented by a legal practitioner; and (iv) SAET may, on hearing the review, confirm the appointment of the person who has been nominated or direct the Chief Officer to revoke the nomination and direct that an applicant be appointed to the position; and (v) in making its decision on a review, SAET must have regard to the criteria (if any) relating to the appointment and promotion of officers or firefighters that are contained in an award or industrial agreement that applies in relation to the relevant position but, if no such criteria exist, SAET must have regard to the qualifications, aptitude and conduct of the person nominated for the position and of the applicant or applicants; and (vi) SAET may, in connection with the proceedings, award costs against SAMFS but may not award costs against an applicant. (3) For the purposes of subsection (2), notice of a nomination will be taken to have been given to an officer or firefighter if written notice of the nomination has been displayed for not less than 7 days in a prominent place in the fire station or workplace at which he or she is based. (4) Subsection (2) does not apply in relation to the appointment of a person to the lowest rank in SAMFS. (5) An appointment under this section will be on terms and conditions determined by the Chief Officer and approved by the Commission (on the basis that the Chief Officer (and any successor) is the employer and subject to the provisions of any award or industrial agreement). (6) 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. 30—Employees (1) The Chief Officer may appoint other persons as employees of SAMFS (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). 31—Staff (1) The staff of SAMFS will comprise all officers, firefighters and other employees of SAMFS. (2) A member of the staff of SAMFS must comply with a direction of— (a) the Chief Officer; or (b) an officer— (i) to whom the member of staff is responsible by virtue of this Act; or (ii) who is in a position of authority over the member of staff by virtue of a determination of the Chief Officer. (3) In addition, SAMFS may make use of the services of persons employed in any public sector agency made available to assist SAMFS. (4) SAMFS is responsible for any costs or expenses associated with the employment of a member of the staff of SAMFS. 32—Workforce plans For the purposes of appointments to the staff of SAMFS under this Division— (a) the Chief Officer must, at least once in every year, submit a workforce plan for approval by the Commission; and (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. 33—Delegation (1) The Chief Officer may delegate a power or function of the Chief Officer or SAMFS under this or any other Act— (a) to a member of the staff of SAMFS or to a person made available to assist SAMFS; or (b) to a committee established under this Act; or (c) to a person for the time being holding or acting in a particular office or position; or (d) to any other person or body. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the Chief Officer to act in any matter; and (d) is revocable at will by the Chief Officer. (3) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. Division 4—Fire brigades 34—Fire brigades (1) The Chief Officer may establish a fire brigade within any fire district. (2) A fire brigade established under this section will be under the command of— (a) the Chief Officer; or (b) a commanding officer who is responsible to the Chief Officer for the discipline and control of the fire brigade. (3) The Chief Officer may inspect any fire brigade established under this section at any time. Division 5—Fire and emergency safeguards 35—Interpretation and application (1) In this Division— authorised officer means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this Division; emergency refers only to an emergency constituted of or arising from the escape of any hazardous material, or a situation that involves imminent danger of such escape; occupier in respect of a public building, includes any person apparently in charge of, or having the control and management of, the building; public building includes any structure or place (whether permanent or temporary or fixed or moveable) that is enclosed or partly enclosed— (a) to which admission is open to members of the public or restricted to persons who are members of a club or who possess any other qualification or characteristic and whether admission is or is not procured by the payment of money or on any other condition; or (b) in which persons work under a contract of service. (2) This Division applies only to a building, vehicle or place in a fire district. 36—Power to enter and inspect a public building (1) The Chief Officer or an authorised officer may enter and inspect a public building for the purpose of determining whether there are adequate safeguards against, or in the event of, fire or other emergency. (2) The Chief Officer or authorised officer— (a) may exercise the powers conferred by subsection (1) at any reasonable time including any time when the building is open to the public; and (b) may, if there is reason to believe that urgent action is required, use such force as is reasonable in the circumstances to enter and inspect the public building. 37—Rectification where safeguards inadequate (1) If, after having inspected a public building, the Chief Officer or authorised officer is of the opinion that there are not adequate safeguards against, or in the event of, fire or other emergency as a result of— (a) obstruction, closing or locking of an aisle, corridor, door, gangway, lobby, passage, exit, escape or any other means of egress from the building; or (b) overcrowding of the building; or (c) non-compliance with the requirements of this or any other Act, he or she may do 1 or more of the following: (d) using such force as is reasonably necessary, cause the aisle, corridor, door, gangway, lobby, passage, exit, escape or other means of egress from the building to be cleared, opened or unlocked (as the case requires); (e) in the event of overcrowding, cause persons to be removed from the building; (f) order the occupier to take specified action to rectify the situation within a specified period. (2) A rectification order may be given orally or by notice in writing served on the occupier of the building. (3) If a rectification order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building. (4) If a notice containing a rectification order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 or section 157(16) of the Planning, Development and Infrastructure Act 2016 for the area in which the building is situated. (5) If any matter or thing with respect to fire safety is regulated or required to be done under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, a person may not be ordered under this section to do anything in relation to that matter or thing beyond what is necessary to achieve compliance with the requirements under the relevant Act. 38—Closure orders (1) If, after having inspected a public building, the Chief Officer or authorised officer is satisfied that the safety of persons in the public building cannot reasonably be ensured by other means, the Chief Officer or authorised officer— (a) may issue a closure order requiring the occupier of the building to close the building immediately; or (b) may, if a closure order cannot for any reason be given to the occupier, or if a closure order, having been given to the occupier, is not immediately obeyed, close the building by giving all people present in the building an order to leave the building and, on being satisfied that all such persons have left the building, securing the building to prevent entry by any persons (other than persons authorised to enter the building by the Chief Officer or an authorised officer). (2) A closure order under subsection (1)(a)— (a) may be given orally or by notice in writing served on the occupier of the building; and (b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order). (2a) An order given to people present in the building under subsection (1)(b)— (a) may be given by affixing a written notice containing the order in a prominent place near the main entrance to the building; and (b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order). (3) If a closure order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building. (4) If a closure order cannot for any reason be given to the occupier of the building, the Chief Officer or authorised officer must cause a written notice containing the order to be affixed in a prominent place near the main entrance to the building (whether or not an order is also given to people present in the building under subsection (1)(b)). (5) The written notice containing a closure order— (a) must describe the danger that, in the opinion of the Chief Officer or authorised officer, necessitates closure of the building; and (b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order). (6) If a notice containing a closure order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 or section 157(16) of the Planning, Development and Infrastructure Act 2016 for the area in which the building is situated. (7) When the Chief Officer or authorised officer is satisfied that the danger has been alleviated, he or she may rescind the order (not being an order granted by the Magistrates Court under subsection (9)). (8) If the Chief Officer or authorised officer is of the opinion that the danger cannot be, or has not been, alleviated within the period for which the order applies, the Chief Officer or authorised officer may, after having given prior notice of the intention to do so to the occupier of the building, apply to the Magistrates Court for an order directing the occupier to close or keep closed, as the case requires, the building for such period as the Court considers necessary for the alleviation of the danger. (9) The Magistrates Court may, on an application made under subsection (8)— (a) grant the order, subject to such conditions as the Court sees fit to impose; or (b) refuse to grant the order, and make such other orders as it thinks fit. (10) If an application is made under subsection (8) while a building is closed pursuant to this section, the closure of the building continues until the application is determined or withdrawn. (11) The Chief Officer or authorised officer, or the occupier or owner of a building to which an order under subsection (9) applies, may apply to the Magistrates Court, at any time, for the order to be rescinded. (12) The Magistrates Court may, on an application made under subsection (11), rescind or refuse to rescind the order to which that application relates and make such other orders as it thinks fit. 39—Powers in relation to places at which danger of fire may exist (1) The Chief Officer or an authorised officer may, at any time and using such force as is reasonably required in the circumstances, enter and inspect any building, vehicle or place at or in which he or she has reason to believe explosives or any hazardous, combustible or flammable materials or substances are being kept or any conditions exist that are likely to be a source of danger to life or property in the event of fire, or are likely to cause an outbreak of fire. (2) If the Chief Officer or authorised officer finds explosives or any hazardous, combustible or flammable materials or substances that are being kept in an unsafe manner or finds any conditions that are likely to be a source of danger to life or property in the event of fire, or likely to cause an outbreak of fire, the Chief Officer or authorised officer may— (a) take action himself or herself to alleviate the danger; (b) order the occupier or person apparently in charge of the building, vehicle or place to take specified action within a specified period to alleviate the danger. (3) An order under this section may be given orally or by notice in writing served on the occupier or person apparently in charge of the building, vehicle or place. (4) If an order under this section is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier or person apparently in charge of the building, vehicle or place. 40—Related matters (1) The Chief Officer or an authorised officer may, when exercising powers conferred by this Division, be accompanied by 1 or more members of SAMFS or police officers as the Chief Officer or authorised officer thinks fit. (2) A person must not fail to comply with— (a) an order given by the Chief Officer or an authorised officer under this Division; or (b) an order of the Magistrates Court under this Division. Maximum penalty: $5 000. Division 6—Powers and duties relating to fires and emergencies Subdivision 1—Exercise of control at scene of fire or other emergency 41—Exercise of control at scene of fire or other emergency (1) This section applies in relation to any situation that may involve an emergency. (2) If— (a) the situation— (i) involves or arises from— (A) a fire or a situation that involves imminent danger of fire; or (B) the escape of any hazardous material or a situation that involves imminent danger of such an escape, that occurs— (C) in a fire district; or (D) on a vessel; or (E) in the country in a situation where no member of SACFS has assumed control under Part 4; or (ii) involves or arises from any other emergency or the imminent danger of any other emergency, wherever occurring, at which a person with lawful authority to assume control has not done so; and (b) an SAMFS brigade has attended, then the highest ranking officer of SAMFS in attendance may assume control (and all members of the brigade, and all other persons present at the scene, will be subject to his or her control). (3) Nothing in this section— (a) derogates from the powers of the Chief Officer of SAMFS to assume control of any operations; or (b) prevents a member of SAMFS who has taken control of any operations surrendering control of those operations to any other person or body; or (c) prevents another person or body with lawful authority to do so assuming control at the scene of any emergency. (4) This section operates subject to the provisions of the Emergency Management Act 2004. Subdivision 2—Exercise of powers at scene of fire or other emergency 42—Powers (1) An officer of SAMFS may take, or cause to be taken, any action that appears necessary or desirable for the purpose of protecting the life, health or safety of any person or animal, or protecting property, relevant services or the environment, or for any other purpose associated with dealing with a fire or other emergency or the threat of a fire or other emergency (despite the fact that the action may result in damage to, or destruction of, property or any aspect of the environment or cause pecuniary loss to any person). (2) Without limiting or derogating from the operation of subsection (1), an officer under subsection (1), or any person acting under the command of an officer, may (to such extent as appears necessary or desirable in the circumstances)— (a) enter and, if necessary, break into any land, building, structure or vehicle (using such force as is necessary); (b) take possession of, protect or assume control over any land, body of water, building, structure, vehicle or other thing; (c) remove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing; (ca) carry out, or cause to be carried out, excavation or other earthworks; (cb) construct, or cause to be constructed, barriers, buildings or other structures; (cc) subject a place or thing to a decontamination procedure; (d) direct the owner of, or the person for the time being in charge of, any real or personal property to place it under the control or at the disposition of a specified person; (e) remove, or cause to be removed, to such place as the officer or other person thinks fit, any person or animal, or direct the evacuation or removal of any person or animal; (f) direct or prohibit the movement of persons, animals or vehicles; (fa) direct a person to submit to a decontamination procedure; (g) remove flammable material or any other hazardous material, or cause flammable material or any other hazardous material to be removed, from any place, building or structure; (h) cause any supply of fuel or other flammable liquid, any gas or electricity, or any other hazardous material, to be connected, reconnected, disconnected or shut off; (i) direct a person who is in a position to do so— (i) to stop any work or operation; or (ii) to close any premises or other place; or (iii) to contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or (iv) to shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device; (j) take and use water or any other fire extinguishing material from any place; (k) shut off, or cut off, the supply of water or any drainage facility; (l) make use of the gratuitous services of any person; (m) direct, insofar as may be reasonably necessary in the circumstances, any person to assist in the exercise of any power under this section; (n) cause another fire to be lit (despite any other provision of this Act); (o) exercise any prescribed power. (3) In the absence of an officer, the powers of an officer under subsection (1) or (2) may be exercised by a firefighter. (4) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of an officer of SAMFS or of any other person given in accordance with subsection (1) or (2). Maximum penalty: (a) if the offender is a body corporate—$75 000; (b) if the offender is a natural person—$20 000. (4a) A member of SAMFS must, before taking any prescribed action with respect to prescribed land, or property on prescribed land— (a) consult with the owner or person in charge of the prescribed land if that person is in the presence of, or may be immediately contacted by, the member of SAMFS; and (b) if the prescribed action would affect a government reserve, take into account any relevant provisions of a management plan for the reserve that have been brought to the attention of the member. (4b) The Chief Officer must take steps to have any relevant provisions of a management plan for a government reserve brought to the attention of members of SAMFS who might exercise powers under this section with respect to the reserve. (5) If an officer of SAMFS, acting in relation to a fire or other eme