Action 3.10: Where practical and appropriate, finalise any delegation authorisations between CFA and FRV to support the operationalisation of the Service Level Deeds of Agreement (SLDA) and schedules.
Action objective: Delegation authorisations between CFA and FRV, where permitted, are fit for purpose. These will enable both agencies to provide services to the community effectively and efficiently.
Lead agency: CFA
| Year Two to Five Plan (November 2021) completion date | Year Two to Five Plan (updated May 2023) completion date | Agency reported status as at 30 June 2023 |
|---|---|---|
| June 2022 | June 2023 | Completed |
Context
This action requires CFA to finalise the relevant delegations to enable FRV service provision in the CAoV, as specified in the Service Level Deeds of Agreement (SLDA) and schedules relating to the provision of following services/legislation:
- Fire investigation
- Dangerous Goods
- Structural Fire Safety
- Caravan Parks
- Land Use Planning
- Building Act 1993 (Building Act).
FRV requires legislative and regulatory powers and authority to be delegated by CFA, where appropriate, to FRV staff seconded to deliver these services in CAoV.
As noted in the FSIM’s Annual Report 2020/21, to support the fire services reform intention of interoperability across the fire services, it was agreed that FRV would provide support to CFA in CFA Districts and CFA would provide surge capacity and back-up response in FRV response areas.[31] The provision of services between CFA and FRV is outlined broadly in the SLDA, with further detail provided in a suite of schedules to the SLDA included in action 3.9.
Progress summary
As at 30 June 2023, CFA reported this action as completed but had not submitted the acquittal form. The status of delegations for the respective services/legislation is outlined in Table 16. CFA continues to undertake work to determine whether delegations/authorisations can be provided to FRV to deliver services on behalf of CFA as outlined in the SLDAs.
Findings
FSIM finds action 3.10 is partially implemented as three areas of delegation remain in progress, and FSIM has received no evidence demonstrating an intent to change relevant legislation to enable delegations to be made. The SLDAs outlined the initial intent for service provision by agencies for various services. However, some of these intentions are not able to be realised in practice and require either legislative change or dedicated resources to facilitate end-to-end service delivery.
FSIM’s Annual Report 2021/22 recommended that agencies should develop an agreed definition of complementary fire services and how this translates to individual service delivery, underpinned by agreed principles to guide the finalisation of outstanding agreements.[32] For the outstanding delegations, such principles could underpin a decision to either change legislation, maintain current work arounds, or allocate additional resources.
CFA has determined this action to be complete as delegations/authorisations have been provided to FRV where possible under the current legislative arrangements. Where new arrangements are established under action 3.9, CFA will ensure that delegations and authorisations are reviewed and updated to support the agreed arrangements established under the SLDA.
FSIM has not yet completed an effectiveness assessment of this action against its objective.
Table 16: Summary of delegations status as at 30 June 2023
| Delegations | Status | Notes on in progress actions |
|---|---|---|
1. Fire Investigation
| Completed
| N/A
|
2. Dangerous Goods – Access to land, buildings and premises in CAoV
| Completed
| N/A
|
3. Dangerous Goods – Provision of end-to-end service delivery in the CAoV
| In progress
| CFA cannot lawfully delegate all required delegations to FRV employees to perform end-to-end service delivery. Agencies are reviewing processes. In the absence of finalised delegations, CFA and FRV continue to co-deliver services in CAoV, with FRV providing administrative and ancillary services and CFA undertaking quality assurance and sign off. The impact of this interim process is outlined in more detail at action 3.9. |
4. Structural Fire Safety – Building Act and Regulations
| Completed
| CFA tabled the approved Instrument of delegation and instrument of authorisation for structural fire safety services for FRV employees at HoA in August 2022. FRV commenced end to end service delivery of structural fire safety services on 8 August 2022. Whilst FRV is responsible for service provision, CFA continues to maintain the legislative obligation for delivery of structural fire safety services in CAoV. |
5. Caravan Parks
| In progress
| CFA is unable to lawfully delegate several powers under the Residential Tenancies Regulations 2020 to FRV for caravan parks and moveable dwellings. CFA is therefore unable to enact arrangements outlined in the SLDA for FRV to deliver caravan park and moveable dwellings fire safety compliance. Due to these legislative constraints CFA is drafting a proposal to FRV for CFA to deliver these services end to end in the CAoV.
|
6. Land Use Planning
| In progress
| As noted in FSIM’s Annual Report 2020/21[33] and FSIM’s Annual Report 2021/22[34], the intent of the SLDA in relation to land use planning services was for CFA to continue to provide services in CAoV and provide expertise on Bushfire Management Overlay areas in the FRV District. However, all CFA Fire Safety Officers who performed this work were transferred to FRV as part of reform restructures. CFA is unable to delegate some of its legislative powers to FRV for land use planning services in the CAoV. At the end of the reporting period, services in CAoV continue to be co-delivered between CFA and FRV, with FRV providing administrative and ancillary services and CFA undertaking quality assurance and sign off. |
7. Building Act and Regulations
| Completed
| N/A
|
Footnotes
[31] Fire Services Implementation Monitor, 2021, Annual Report 2020/21 Year One: Setting the foundations, Victorian Government, viewed 15 August 2023, https://www.vic.gov.au/fire-services-implementation-monitor-annual-report-2020-21, pg. 64.
[32] Fire Services Implementation Monitor, 2023, Fire Services Implementation Monitor Annual Report 2021/22, Victorian Government, viewed 8 August 2023, https://www.vic.gov.au/fire-services-implementation-monitor-annual-report-2021-22, pg. 9.
[33] Fire Services Implementation Monitor, 2021, Annual Report 2020/21 Year One: Setting the foundations, Victorian Government, viewed 15 August 2023, https://www.vic.gov.au/fire-services-implementation-monitor-annual-report-2020-21, pg. 59.
[34] Fire Services Implementation Monitor, 2023, Fire Services Implementation Monitor Annual Report 2021/22, Victorian Government, viewed 8 August 2023, https://www.vic.gov.au/fire-services-implementation-monitor-annual-report-2021-22, pg. 56.
Updated