South Australian Consolidated Acts South Australian Consolidated ActsSchedule 6—Transitional provisions
Part 11—Transitional
provisions
14—Special provisions relating to the repeal of the Country Fires
Act 1989
(1) In this
clause—
relevant Act means the Country Fires Act 1989 .
(2) Any real or
personal property of the Country Fire Service Board become, on the
commencement of this clause, property of SACFS.
(3) Any rights or
liabilities of the Country Fire Service Board (whether vested or contingent)
become, on the commencement of this clause, rights and liabilities of SACFS.
(4) A decision or
determination of the Country Fire Service Board that has any force or effect
immediately before the commencement of this clause will be taken to be a
decision or determination of the Chief Officer of SACFS.
(5) The person holding
the office of Chief Officer of the Country Fire Service immediately before the
commencement of this clause continues as the Chief Officer of SACFS under this
Act with the same conditions of employment (and, if relevant, for the balance
of his or her term of appointment).
(6) All C.F.S.
organisations under the relevant Act become, on the commencement of this
clause, SACFS organisations under this Act without affecting any office or
position held in that organisation.
(7) All C.F.S. regions
under the relevant Act become, on the commencement of this clause,
SACFS regions under this Act.
(8) All money standing
to the credit of the Country Fire Service Fund will, after the commencement of
this clause, be managed by SACFS.
(9) All committees
under Part 4 of the relevant Act become, on the commencement of this clause,
committees established under this Act (and all members will be members of the
relevant committees under this Act).
(10) A person holding
an appointment as a fire prevention officer, authorised officer or
fire control officer under the relevant Act will become, on the commencement
of this clause, a person holding the corresponding appointment under this Act.
(11) Any permit or
other authorisation in force under the relevant Act immediately before the
commencement of this Act will continue to have force and effect as if it were
a permit or authorisation issued under the corresponding provision of this
Act.
15—Specific provisions relating to the repeal of the South Australian
Metropolitan Fire Service Act 1936
(1) In this
clause—
relevant Act means the South Australian Metropolitan Fire Service
Act 1936 .
(2) The person holding
the office of Chief Officer of the South Australian Metropolitan Fire Service
immediately before the commencement of this clause continues as the
Chief Officer of SAMFS under this Act with the same conditions of employment
(and, if relevant, for the balance of his or her term of appointment).
(3) All fire brigades
under the relevant Act become, on the commencement of this clause, fire
brigades under this Act without affecting any office or position held in that
fire brigade.
(4) All fire districts
under the relevant Act become, on the commencement of this clause, SAMFS
fire districts under this Act.
(5) A person holding
an appointment as an authorised officer under the relevant Act will become, on
the commencement of this clause, a person holding the corresponding
appointment under this Act.
(6) A panel
established under Schedule 1 of the relevant Act will become, on the
commencement of this clause, the corresponding panel under Schedule 1 of this
Act.
16—Specific provisions relating to the repeal of the State Emergency
Service Act 1987
(1) In this
clause—
relevant Act means the State Emergency Service Act 1987 .
(2) The person holding
the office of Director of State Emergency Service South Australia immediately
before the commencement of this clause continues as the Chief Officer of SASES
under this Act with the same conditions of employment (and, if relevant, for
the balance of his or her term of appointment).
(3) All S.E.S. units
under the relevant Act become, on the commencement of this clause, SASES units
under this Act without affecting any office or position held in the unit.
(1) The Minister may,
by notice in the Gazette, transfer a person who is employed in the Emergency
Services Administrative Unit immediately before the commencement of this
subclause to—
(a) the
staff of the Commission; or
(b) the
staff of an emergency services organisation,
(so that the person will then be an employee of the Commission or organisation
(as the case may be)).
(2) A person
transferred under subclause (1) will have rights, obligations and
liabilities in respect of his or her employment with the Commission or
organisation that are the same as or equivalent to those that would have
applied had the person remained as an employee within the Public Service.
(3) Subclause (2)
applies to a person subject to any industrial or enterprise award,
determination or agreement that may become binding on the Commission or the
organisation (as the case may be).
(4) The Minister must
consult with—
(a) the
Commissioner for Public Employment; and
(b) any
registered association that represents the interests of any person who is
being transferred,
before acting under subclause (1).
(5) The Minister may,
by notice in the Gazette, transfer a person who is employed in the South
Australian Metropolitan Fire Service, the Country Fire Service or the State
Emergency Service immediately before the commencement of this subclause
to—
(a) the
staff of the Commission; or
(b) the
staff of another emergency services organisation,
(so that the person will then be an employee of the Commission or the other
organisation (as the case may be)).
(6) The Minister must
consult with—
(a) the
Commissioner for Public Employment; and
(b) any
registered association that represents the interests of any person who is
being transferred,
before acting under subclause (5) and the conditions of employment that
will apply to a person on his or her transfer under that subclause will be
determined by the Commissioner for Public Employment.
(7) Despite a
preceding subclause, a person transferred under this clause will be taken to
have continuity of employment without any termination of service and any
transfer will not affect any accrued or accruing right to leave.
18—Presiding member of Commission
(1) Despite
section 11(1)(a) of this Act, the person first appointed to be the
presiding member of the Board of the South Australian Fire and Emergency
Services Commission need not hold the position of Chief Executive of the
Commission.
(2) The following
provisions will apply if a person is appointed pursuant to subclause (1):
(a) the
person will be appointed on conditions determined by the Governor and for a
term specified in the instrument of appointment;
(b) the
person will be taken to be an ex officio member of the Board for the purposes
of the other provisions of this Act.
(1) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of this Act.
(2) A provision of a
regulation made under subclause (1) may, if the regulation so provides,
take effect from the commencement of this Act or from a later day.
(3) To the extent to
which a provision takes effect under subclause (2) from a day earlier
than the day of the regulation's publication in the Gazette, the provision
does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(4) The
Acts Interpretation Act 1915 will, except to the extent of any
inconsistency with the provisions of this Schedule, apply to any amendment or
repeal effected by this Schedule.