All Emergency Service Organisations covered by the Fire and Emergency Services Act have the ability to exercise powers at the scene of a fire or other emergency which would enable them to take 'any action that appears necessary or desirable for the purpose of protecting the life, property or the environment... 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'.
However the intent of formally agreeing a Memorandum of Understanding (MOU) with the Local Government Organisation (LGA) is seen as more desirable as this removes the need for the Emergency Service Organisations to use their legislated powers and instead builds upon the positive relationship with the LGA and the local community that all Emergency Service Organisations enjoy.
Even in the absence of a formal MOU, most Emergency Service Organisations have existing agreements with their local government agencies as part of their planning/prevention strategies for emergency events. These can be by way of either formal or informal agreements depending upon the community and the needs of local council.
The South Australian Fire and Emergency Services Commission and the LGA have been involved in ongoing 'face to face' dialogue, and have agreed the need to expedite the development of a sector-wide MOU that will cover all matters including the use of correct plant and equipment during emergencies and the provision of personnel to operate this equipment.
This MOU reflects the final alterations/amendments needed by the LGA and has been approved by Crown Law and the Government. It was distributed to all Councils by the LGA advising them of their support for the document and encouraging them to sign.
It is important to note that the LGA does not have the authority to sign the Agreement on behalf of all councils, so each council must have their own MOU with SAFECOM who have been authorised to act on behalf of the Emergency Service Organisations.