Fire and Rescue NSW Act 1989 powers
Dear Fire and Rescue NSW,
Could you please provide any advice that FRNSW has obtained from the crown or any other parties including any legal interpretation of the sections of the Act listed below from the dates 01/07/2020-30/06/2022.
Fire and Rescue NSW Act 1989
Part 3 Fighting and preventing fires and dealing with hazardous material incidents
Division 1 Powers at fires and hazardous material incidents
12 Investigation of reported fires and hazardous material incidents
(1) The officer in charge may, with or without members of a fire brigade, enter any place—
(a) in respect of which an alarm of fire is raised to ascertain whether there is a fire at the place, or
(b) in respect of which a report of a hazardous material incident has been made to ascertain whether there is any hazardous material at the place that is, or is about to be, the subject of a hazardous material incident.
(2) Reasonable force, whether by breaking down gates or fences or breaking open doors or otherwise, may be used to gain entry.
Yours faithfully,
Benjamin Buckingham
Good morning Ben
Re. Informal request under the GIPA Act for Fire and Rescue NSW information concerning "any advice that FRNSW has obtained from the crown or any other parties including any legal interpretation of the sections of the Act listed below from the dates 01/07/2020-30/06/2022.", (specifically the Fire and Rescue NSW Act 1989 relating to) ' Part 3 Fighting and preventing fires and dealing with hazardous material incidents'.
Searches were undertaken to identify any information which may fall within the scope of your request. I wish to advise you that no information was identified.
To assist you, iPART have recently conducted a review of FRNSW fees and charges with regards to their attendance at Activated Fire Alarms and hazardous material incidents.
Regards,
Information Liaison Officer
Legal & Regulatory Services
Fire and Rescue NSW
External Email: [email address]
T: 02 9269 6447
1 Amarina Avenue, Greenacre, NSW 2190 | Locked Mail Bag 12, Greenacre, NSW 2190
-----Original Message-----
From: Benjamin Buckingham <[FOI #9100 email]>
Sent: Tuesday, 5 July 2022 12:27 PM
To: Info <[email address]>
Subject: Government Information (Public Access) request - Fire and Rescue NSW Act 1989 powers
CAUTION: This email originated from outside of Fire and Rescue NSW. Do not click links or open attachments unless you recognise the sender and know the content is safe.
Dear Fire and Rescue NSW,
Could you please provide any advice that FRNSW has obtained from the crown or any other parties including any legal interpretation of the sections of the Act listed below from the dates 01/07/2020-30/06/2022.
Fire and Rescue NSW Act 1989
Part 3 Fighting and preventing fires and dealing with hazardous material incidents
Division 1 Powers at fires and hazardous material incidents
12 Investigation of reported fires and hazardous material incidents
(1) The officer in charge may, with or without members of a fire brigade, enter any place—
(a) in respect of which an alarm of fire is raised to ascertain whether there is a fire at the place, or
(b) in respect of which a report of a hazardous material incident has been made to ascertain whether there is any hazardous material at the place that is, or is about to be, the subject of a hazardous material incident.
(2) Reasonable force, whether by breaking down gates or fences or breaking open doors or otherwise, may be used to gain entry.
Yours faithfully,
Benjamin Buckingham
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Please use this email address for all replies to this request:
[FOI #9100 email]
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________________________________
FRNSW CONFIDENTIALITY NOTICE AND DISCLAIMER
The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed. If you are not the intended recipient of this message you must not read, forward, print, copy, disclose, use or store in any way the information in this e-mail or any attachment it may contain. Please notify the sender immediately and delete or destroy all copies of this e-mail and any attachment it may contain.
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________________________________
FRNSW CONFIDENTIALITY NOTICE AND DISCLAIMER
The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed. If you are not the intended recipient of this message you must not read, forward, print, copy, disclose, use or store in any way the information in this e-mail or any attachment it may contain. Please notify the sender immediately and delete or destroy all copies of this e-mail and any attachment it may contain.
Views expressed in the message are those of the individual sender, and are not necessarily the views of Fire and Rescue NSW (FRNSW). Use of electronic mail is subject to FRNSW policy and guidelines. FRNSW reserves the right to filter, inspect, copy, store and disclose the contents of electronic mail messages, as authorised by law.
This message has been scanned for viruses.
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Dear Benjamin,
I refer to your email requesting an internal review in relation to a decision made on your informal application on 25 July 2022.
I note that a decision made on informal application is not reviewable under the Government Information (Public Acces) Act 2009 (GIPA Act).
We invite you to submit a formal GIPA Application which provides you with the rights of review if you are not satisfied with the agency's decision.
Please see link below to our website where you can find a copy of FRNSW application form and instructions on how to make payment of the required $30 application fee:
https://www.fire.nsw.gov.au/page.php?id=....
Please note that under the Government Information (Public Access) Act 2009 (GIPA Act) formal applications must be:
- in writing.
- clearly indicate that it is an access application under the GIPA Act.
- be accompanied by the fee of $30.00.
- specify the documents required or provide sufficient information to enable the documents to be identified please include timeframe of information and
- provide a postal address for correspondence
Should you have any queries please do not hesitate to contact me.
Regards,
BRONWYN CRISTIANO
A/Information Liaison Officer
Office of the Commissioner
External Email: [email address]
Internal Email: [email address]
1 Amarina Ave, Greenacre NSW 2190
Locked Mail Bag 12, Greenacre NSW 2190
www.fire.nsw.gov.au
-----Original Message-----
From: Benjamin Buckingham <[FOI #9100 email]>
Sent: Thursday, April 4, 2024 11:12 PM
To: GIPA <[email address]>
Subject: Internal review of Government Information (Public Access) request - Fire and Rescue NSW Act 1989 powers
CAUTION: This email originated from outside of Fire and Rescue NSW. Do not click links or open attachments unless you recognise the sender and know the content is safe.
Dear GIPA,
Yours sincerely,
Benjamin Buckingham
-----Original Message-----
Good morning Ben
Re. Informal request under the GIPA Act for Fire and Rescue NSW information concerning "any advice that FRNSW has obtained from the crown or any other parties including any legal interpretation of the sections of the Act listed below from the dates 01/07/2020-30/06/2022.", (specifically the Fire and Rescue NSW Act 1989 relating to) ' Part 3 Fighting and preventing fires and dealing with hazardous material incidents'.
Searches were undertaken to identify any information which may fall within the scope of your request. I wish to advise you that no information was identified.
To assist you, iPART have recently conducted a review of FRNSW fees and charges with regards to their attendance at Activated Fire Alarms and hazardous material incidents.
Regards,
Information Liaison Officer
Legal & Regulatory Services
Fire and Rescue NSW
External Email: [email address]
T: 02 9269 6447
1 Amarina Avenue, Greenacre, NSW 2190 | Locked Mail Bag 12, Greenacre, NSW 2190
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9100 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://urldefense.com/v3/__https://www....
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
________________________________
FRNSW CONFIDENTIALITY NOTICE AND DISCLAIMER
The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed. If you are not the intended recipient of this message you must not read, forward, print, copy, disclose, use or store in any way the information in this e-mail or any attachment it may contain. Please notify the sender immediately and delete or destroy all copies of this e-mail and any attachment it may contain.
Views expressed in the message are those of the individual sender, and are not necessarily the views of Fire and Rescue NSW (FRNSW). Use of electronic mail is subject to FRNSW policy and guidelines. FRNSW reserves the right to filter, inspect, copy, store and disclose the contents of electronic mail messages, as authorised by law.
This message has been scanned for viruses.
________________________________