Page 3644 - Week 12 - Tuesday, 28 October 2014
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that provide operational and administrative support to the commissioner and our emergency services. Another minor amendment refocuses the commissioner’s current function of participating in strategic and operational planning for emergencies to being responsible for overseeing and coordinating these activities.
One of the most considered amendments relates to the authority afforded to the commissioner in providing direction to chief officers in times of an emergency. Section 8A was introduced two years ago to provide the commissioner with the powers to direct a chief officer to undertake response and recovery operations in relation to an emergency. The power was limited in that the commissioner was not able to direct the chief officer to undertake an operation in a particular way.
Over the past two years it has become apparent that there is ambiguity around the interpretation of section 8A and that this has the potential to diminish the commissioner’s broad monitoring and oversight role in emergency operations. Section 8A was included within the act following the royal commission into the 2009 Victorian bushfires. The Victorian royal commission report stated at page 70:
On 7 February 2009 state-level emergency management arrangements faltered as a result of confusion about responsibilities and accountability.
The Victorian royal commission report further stated at page 74:
It appears to the Commission that the concept of coordination became rather distorted … with senior fire agency personnel describing their role as ‘coordinating’ the response to the fires rather than actively exercising control or command.
The royal commission explained that in the emergency management context “coordination” describes a specific role which necessitated active monitoring of an emergency situation and ensuring that specific outcomes were being achieved. I reiterate that, particularly given Mr Smyth’s comments earlier in the debate: “coordination” describes a specific role which necessitated active monitoring of an emergency situation and ensuring that specific outcomes were being achieved.
What we have learned from the Victorian royal commission was (1), the need to clearly articulate the different roles involving command, control and coordination and (2), the need for a clear and shared understanding that responsibility and accountability for emergency operations cannot be delegated.
In 2012 section 8A was introduced to ensure the commissioner has sufficient power to coordinate our emergency response. This bill therefore further clarifies that power by including the words:
For the effective coordination of the emergency, the commissioner may direct a chief officer to undertake response or recovery operations.
Through these amendments to section 8A we are seeking to deliver a shared understanding that command is the responsibility of chief officers and delegated to
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