NSW STATE EMERGENCY SERVICE VOLUNTEERS ASSOCIATION

Transcription

1 NSW STATE EMERGENCY SERVICE VOLUNTEERS ASSOCIATION NSW SES VA Election Policy 2015 Constructing a Road Map for the Betterment of the NSW State Emergency Service

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3 NSW State Emergency Service Volunteers Association Constructing a Road Map for the Betterment of the NSW State Emergency Service NSW State Emergency Service Volunteers Association (NSW SES VA). You may copy, distribute, display, download and otherwise freely use this work for any purpose, provided that you attribute the NSW SES VA as the owner. However, you must obtain permission from the NSW SES VA if you wish to charge others for access to the work, or include the work in advertising or a product for sale, and also if you wish to modify the work. This Election Policy document is available on the NSW SES VA website nswsesva.org.au Disclaimer: This policy document has been prepared by the New South Wales State Emergency Service Volunteers Association for general information purposes. Whilst every care has been taken in relation to its accuracy, no warranty is given or implied. 2

4 Contents Executive Summary... 4 Introduction... 6 About the NSW State Emergency Service NSW State Emergency Service Governance Independence of the State Emergency Service Budget and Finances Budget Regional Training Centres Permanent Training Facilities NSW State Emergency Service Volunteers Off set costing of volunteering Emergency Service Leave Support for Employers of SES Volunteers State Emergency Service Staffing Recruitment of Staff from Volunteer Ranks Functional Capacity NSW SES Core Roles need to remain under NSW SES Control Deductible Gift Recipient Deductible Gift Recipient (DGR) Status for NSW SES VA Workers Compensation Workers Compensation for NSW SES Volunteers Amendments to the State Emergency Service Act 1989 as amended from time to time Amendments to the State Emergency Service Act 1989 relating to the VJCC Act Amendments to the State Emergency Service Act 1989 to volunteer interests Amendments to the State Emergency Service Act 1989 relating to Volunteer Controller appointments Amendment or Otherwise to the State Emergency Service Act 1989 relating to Volunteers The Rising Costs of Volunteering

5 Executive Summary The New South Wales State Emergency Service Volunteer Association (NSW SES VA) represents, and is governed by the 8,600 volunteer members of the NSW State Emergency Service (NSW SES). The NSW SES is an emergency and rescue service dedicated to assisting NSW communities for floods, storms and tsunamis and will have been established for 60 years in The NSW SES also provides the majority of general rescue effort in the rural parts of the state which includes road accident rescue, vertical rescue, bush search and rescue, evidence searches (both metropolitan and rural) and other forms of specialist rescue that may be required due to local threats. Volunteers in a number of isolated communities have been trained as Community First Responders by the Ambulance Service of New South Wales. The Service's trained rescuers also support the full-time emergency services during major disasters. This Service has evolved to become the most versatile emergency response agency in NSW and this evolution has been built on volunteerism with a minimum paid employee support base. The NSW SES VA believes that the volunteer culture that has helped the SES become what it is today is in danger of being replaced with a Service that could eventually be built around paid employees. The NSW SES VA accepts that management needs to keep improving the Service to meet Community and Government expectation; however some of the volunteers believe that this improvement is happening at the expense of our volunteer culture. This is also evident in the declining number of volunteers who are losing faith within the service as well as seeing a lack of support from the government in return for their services. Views expressed regarding volunteering by the NSW SES VA are not just contained within the volunteer membership of the NSW SES VA but also shared by volunteers from other emergency services. The Royal Fire Service Association (RFSA) with its 70,000 membership share a number of the same views and concerns as the NSW SES VA and their policy document should be read also. This policy document highlights a number of issues concerning NSW SES volunteers, concerns that the NSW SES VA believes can and should be addressed by both the NSW State Government and NSW SES Management. Therefore the NSW SES VA is seeking the support of both the NSW State Government and the management of NSW SES in implementing the recommendations listed in this policy document. 1. NSW State Emergency Service Governance: a policy relating to the independence of the NSW SES. 2. Budget and Finances: a policy relating to the funding model of the NSW SES. 3. Regional Training Centres: a policy relating to the establishment of permanent training facilities. 4. State Emergency Service Volunteers: policies relating to the out of pocket expenses incurred by volunteers and improvements to employer benefits for employers of NSW SES volunteers. 4

6 5. State Emergency Service Staffing: a policy on the NSW SES employing NSW SES volunteers. 6. Functional Capacity: a policy relating to the combat roles of the NSW SES and maintaining those roles. 7. Deductible Gift Recipient: a policy relating to deductible gift recipient status for the NSW SES VA. 8. Workers Compensation: a policy regarding the review of workers compensation for NSW SES volunteers. 9. Amendments to the State Emergency Service Act 1989: policies regarding changes to the Act. 5

7 Introduction The NSW State Emergency Service Volunteers Association (NSW SES VA) represents more than 8,600 volunteers across NSW. Although being independent of the NSW SES, the NSW SES VA work closely with Management and staff along with both Government and Opposition members of the NSW Parliament to voice concerns, views and suggestions for not only improving conditions for volunteers, but for the betterment of the Service as a whole. This Election Policy document has been prepared in consultation with the NSW SES VA members, ensuring that the views expressed here are reflective across the state. The policies cover areas such as Governance, Budget and Unit Finance, Equipment, Regional Training Centres, Volunteerism, Functional Capacity, Paid Staff, Deductable Gift Recipient Status, Workers Compensation and amendments to the Emergency Service Act. These policies are considered critical to the ongoing viability of the NSW SES if the Government of the day wants the Service to continue its high standard of providing emergency services to the communities during all kinds of emergencies using volunteers. The expectations of communities continue to change over time and hence the service needs to continually adopt changes to meet their expectations. By consolidating the policies that are working effectively and efficiently, and then modifying the policies that are identified as needing modification the NSW SES VA believes we can construct a road map for the future of the SES. If these policies are supported by both the Government of the day and SES Management they will ensure that the NSW SES will continue to progress into an Emergency Response Agency that can and will meet the expectations of our communities both now and well into the future. Since formation the NSW SES VA has historically worked closely with both the State Government and the Opposition and are well aware of the upcoming election in March The NSW SES VA are now seeking a commitment from both major political parties to support the recommendations contained in this policy document. The NSW SES VA believes that if the Service is to meet the expectations of both Government and the Communities it serves, than these policies will help put the Service in a better position to maintain the increasingly high standards expected in today s climate. The NSW SES VA believes that any policy changes that impact on NSW SES volunteers need to be adopted by a consultative process with all stakeholders, however we believe that the NSW SES, the NSW SES VA, and the Communities we serve are entitled to know what the policy positions of the major political parties are with regard to the NSW SES and its volunteers. We also acknowledge that there are matters contained in this document that may require further explanation and discussion. Representatives of the NSW SES VA look forward to the opportunity to meet with both Government and Opposition members of Parliament, the Commissioner of SES (and/or his nominated Staff members) to discuss further these policy changes to help gain feedback, and their support. Charlie Moir President NSW SES VA 1 st January,

8 About the NSW State Emergency Service Volunteers Association In 1998 Greg Perry, a volunteer Division Controller, saw a need for NSW State Emergency Service (NSW SES) volunteers to have a voice in the contribution made by volunteers and the impact thereon regarding the service provided by the NSW SES. With the support of the then Director General Brian Hori Howard the NSW State Emergency Services Volunteers Association (NSW SES VA) was formed. From the start, the NSW SES VA aimed to ensure that every volunteer had the opportunity and the support to help make the NSW SES a better organisation. The NSW SES VA consists of: A Board of Directors. Three Zone Councils Member Representatives - comprises one representative from each of the 17 Regions across NSW. Membership of approximately 5,000 volunteers What does the NSW SES VA do for volunteers? The NSW SES VA Representatives meet regularly to discuss ideas, concerns and other matters to the betterment of the volunteers, the Service and the communities to which they service. The NSW SES VA Representatives meet regularly with NSW SES Management and staff to discuss goals and objectives as well as to consider volunteer impacts on improving the service delivery to communities. To assist in achieving NSW SES goals the NSW SES VA offer scholarships to NSW SES volunteers pursuing advanced education or training in NSW SES related areas. Similarly, the SES VA offers unit grants to local NSW SES units, providing funding for much needed volunteer amenities. The NSW SES VA has also established the NSW SES VA Welfare Fund to provide financial and other assistance to volunteers and their families in times of trauma or grief. The achievements for the NSW SES VA include: Successfully lobbied the NSW Government to have the association included in the NSW State Emergency Service Act of This came into effect on 1st July Representatives serve on state wide NSW SES Committees and have been successful in having the 10 year long service medal introduced. Red and blue lights now legally displayed on NSW SES Operational Vehicles. Help gain $6M increase in budget to the NSW SES budget for the volunteer support package. Establishment of a State Protocol Officer and successfully recruited a volunteer for the position. 7

9 Quarterly publishing of the Volunteer magazine to assist communication to volunteers plus also publishing an annual calendar. In 2005 produced a booklet called Born of Need the History of the NSW SES Units and in 2011 published a booklet on the History of the NSW SES Regions. Acquisition of office space for NSW SES VA purposes plus employment of paid NSW SES VA staff providing dedicated support to the NSW SES VA charter and its volunteers. Establishment of a one-stop shop for NSW SES and NSW SES VA merchandise, to assist the Volunteer branding and help recruitment, plus also offering additional NSW SES VA funding. Our Motto is VOLUNTEERS SUPPORTING VOLUNTEERS 8

10 About the NSW State Emergency Service The New South Wales State Emergency Service (NSW SES), like its sister organisations in the other states, can trace its origins back many decades. The organisation was founded on the need to respond to two different types of emergencies floods, which have bedevilled communities since the beginning of European settlement, and the threat of war on Australian territory. The formal beginnings of the State Emergency Service in 1955 rest on earlier efforts in flood rescue and relief and the development of a civil defence capability to protect the community from enemy attack. From the 1870s water brigades were established along the Hawkesbury River to the west of Sydney. These groups were community based and well supported by local councils and the government. By 1906 there were some twenty brigades, spread from the Tweed to the Hawkesbury, all performing invaluable work during times of flood. From around 1920 until the end of World War II a long period of minimal flooding occurred in NSW. The water brigades declined in number, a process further exacerbated by the human toll of the war. After the war a decade of increased flooding saw the brigades struggle to respond. Severe floods occurred in many parts of the state, culminating in the great floods along the Hunter River in February Flooding also occurred in the North-West and Central West regions in locations as diverse as Dubbo, Moree, Narrabri, Coonamble and Inverell, claiming 22 lives and causing enormous damage to towns, infrastructure and farms. Following the disastrous floods of 1955 the NSW State Government set up the State Emergency Service to coordinate future flood responses. The organisation was to be based on volunteer membership drawn from local residents, and was to be involved in flood warning, communications, evacuation and maintenance of essential supplies during floods. Simultaneously, in the frostiest days of the cold war, the State Government also saw the need to establish a Civil Defence organisation, and so it was that the earliest State Emergency Service had the dual tasks of flood community response and the management of civilian protection in the event of war. Much has changed in the succeeding half century. As the cold war threat abated, the Civil Defence role of the State Emergency Service disappeared. The State Emergency Service Act of 1989 officially saw the Civil defence organisation dismantled leaving the NSW SES as the sole agency in this area. The NSW SES volunteers continue to remain as busy as ever with a wide range of emergencies for which their assistance is called upon. The NSW SES is now the most versatile and widely used rescue and public safety organisation in NSW. The organisation is presently comprised of a State Headquarters in Wollongong, 17 regional offices across the state and 228 SES Units. The units are staffed by some 8,600 volunteers, aged from 16 to over 80, from both genders and a very wide variety of backgrounds, skills and expertise. 9

11 The primary roles of the NSW SES include: Floods including warning, evacuation, rescue and providing essential supplies to people isolated by floodwater. Storms including securing and covering damaged roofs, removing fallen trees and branches from property and rescuing trapped people. Tsunamis In addition the NSW SES: Has 83 road crash rescue units in the rural areas Has 32 Vertical Rescue Units (rescue from heights). Assists other agencies in the management of disasters such as bushfires, earthquakes, landslides and technological disasters. Assists the police with searches for lost people or evidence Has 10 Community First Responders trained by the Ambulance Service of New South Wales. They are available 24 hours a day seven days a week to provide a higher level of First Aid treatment in areas where the Ambulance Service is remote to the location. All of the above could not be achieved without the support and dedication of the NSW SES Volunteers. For more information, or to find out about volunteering, visit the SES website or call:

12 1. NSW State Emergency Service Governance 1.1. Independence of the State Emergency Service History/Background The NSW State Emergency Service (NSW SES) is principally founded on Volunteers excelling in emergency management. They are the response agency for floods, storms and tsunamis in NSW. More than 8,600 volunteers give up their time throughout the 228 Units located across NSW to assist their communities during floods, storms and other emergencies. Current Standing(s) The functions and responsibilities of the NSW SES volunteers are managed and supported by the NSW SES as a Government Department. This Department is managed and lead by a Commissioner and their appointed staff members. In addition the Department provides the equipment and other resources required for volunteers to carry out their duties during an emergency. The Department also provides advice to the Minister for Emergency Services on all matters associated with floods, storms and tsunamis in NSW. Although there have been moves to amalgamate various emergency combat agencies over the years the fact is that if this were to happen it would very much damage the NSW SES s capacity to respond to the communities needs during times of emergencies. The NSW SES has evolved into the most diverse emergency response agency in NSW and this diversity has been built on the back of its volunteer culture. For the NSW SES to continue to build on their combat role in providing emergency assistance and management during emergencies, the Service needs to maintain its independence from other emergency service combat agencies. And further the NSW SES must continue to foster and nurture the voluntarism that the NSW SES has been so successfully structured around. Recommendation The NSW State Emergency Service Volunteers Association (NSW SES VA) believes that the independence of the NSW SES should be maintained by all future NSW Governments. The NSW SES VA supports the principal of emergency service agencies working together to achieve back-office reforms and efficiencies, however the NSW SES should remain independent of other combat agencies to be able to continue to provide the service the communities expect and demand. Further to this the NSW SES should remain a predominately voluntary organisation, with volunteer input into all functions and capacities of the NSW SES. 11

13 2. Budget and Finances 2.1. Budget History/Background The funding system for the NSW SES is now a Contributory Funding Model, called an Emergency Service Levy (ESL) based on the NSW State Government providing 14.6%, Local Government Councils providing 11.7% and a levy on insurance policy holders providing 73.7% of the total budget. The NSW SES VA and NSW SES volunteers are under no illusion as to the true providers of this ESL, the NSW Governments 14.6% comes from the tax payers of this State and that includes NSW SES Volunteers, the Local Government Councils 11.7% comes from the rate payers of that Local Government Area and that includes NSW SES Volunteers and the 73.7% insurance contribution comes from the Insurance Policy Holders and this also includes NSW SES Volunteers. Given that information however, the current Contributory Funding Model is considered an improvement on the previous funding model where the NSW SES had to compete with other Government Departments for funding. The NSW SES VA would support a review of the current funding model to not only address the anomalies that have emerged since this funding model was introduced, but to compare the funding model with those funding models that are used in other States of Australia. A number of anomalies have emerged in the implementation of this funding model that needs to be addressed by the relevant authority. The three combat agencies receiving funds from the ESL, namely the NSW State Emergency Service, Fire & Rescue NSW and the NSW Rural Fire Service have each increased their budgets significantly since the introduction of this funding model. These increases have in turn impacted adversely on Local Government Councils because they have been placed at a disadvantage by not being able to budget for these increases and are unable to recoup these extra expenses because of the State Governments rate pegging policy. When this funding model was being introduced the Local Government Councils and the NSW SES VA were given an assurance by the State Government that they would not incur any extra expense as a result of the new funding model, however as a result of the three combat agencies increasing their respective budgets significantly Local Government Councils are now desperately looking for ways to combat or offset these additional costs. Current Standing(s) The current State Government s ESL is putting the Local Government Councils at a disadvantage. Insurance Companies are authorised under the relevant legislation to apply the levy on policy holders, however Local Government Councils have so far been expected to absorb these additional costs. The NSW SES VA sees no reason why not-for-profit LGAs should be denied the means to pass on this levy while profit-making enterprises (insurance companies) that stand to benefit 12

14 substantially in terms of lowered claims as a result of NSW SES intervention, are passing the cost directly to their customers. Recommendation 1. The NSW SES VA recommends the changing of current State Legislation to allow Local Government Councils to collect the 11.7% Emergency Service Levy (ESL) by placing this Contributory Funding outside the rate pegging Legislation. Further to this, that Local Government Councils be given at least 12 months notice of any potential and/or significant increases in the ESL. 2. Consideration should be given to a more equitable mechanism for financing the three Emergency Services. (A levy based on built property value may be more appropriate than the two current ESL the one on Councils and the one on insurance policy holders) 3. Consideration should be given to providing a levy exemption to households that include one or more occupants who have given five (5) or more years of voluntary service to one of the three Emergency Services that receive funding from the ESL. 13

15 3. Regional Training Centres 3.1. Permanent Training Facilities History/Background Much of the NSW SES volunteers time is devoted to undertaking the required training to gain accreditation and prepare for the emergencies they are expected to respond to. This is not only within their own communities, but also to assist other volunteers and communities in times of various emergencies. The NSW SES is a registered training organisation (RTO) and conducts its volunteer training at various locations across NSW. These NSW SES training activities can range from three (3) hours to three (3) days in duration. There are many and varied components involved in NSW SES training requirements and depending on the type and duration of the training activity it could be conducted at a NSW SES Unit Headquarters, a NSW SES Region Headquarters or at privately owned facilities. Many courses require access to outdoor areas like reserves or bushlands, as well as waterways like rivers, creeks and dams. Current Standing(s) Many NSW SES Units have their own training area to conduct the theoretical component of a training activity, however not many have access to purpose built training facilities for the practical component of the training activity. These training facilities are needed for the volunteers to not only acquire the skills required for accreditation of a particular skill set, (as required and set down by the State Rescue Board) but to also practice and hone these lifesaving skills in order to keep them current. An example of this problem is encountered when training for flood boat rescue operations. Unless volunteers are lucky enough to be based near a river that regularly floods, training for this activity is usually conducted on local calm water dams or lakes. Much conjecture has arisen because of the lack of training facilities for such activities and solutions to this predicament could be easily rectified by constructing permanent training facilities at strategic locations within NSW. Recommendation Consideration should be given by the NSW State Government for the construction of three (3) permanent NSW SES training facilities across NSW. A suitable study should be conducted by the NSW SES to determine suitable locations and sites along with suitable designs and costs involved. These training facilities could be funded by the NSW State Government over four (4) years with a one off grant of $300,000 initially to conduct the study. Based on the successful findings, further funding could be provided for the construction of one training facility each financial year over the following three (3) years, up to a maximum of fifteen million dollars. ($15,000,000) 14

16 4. NSW State Emergency Service Volunteers 4.1. Off set costing of volunteering History/Background The NSW SES provides volunteers with the necessary equipment, training, uniforms and Personal Protective Equipment (PPE) in order for them to safely perform their role; however being a NSW SES volunteer often involves out of pocket expenses, particularly in areas of transport and communication. The 2007 Volunteering Australia Costs of Volunteering Taskforce Report found: 88% of volunteers have out-of-pocket expenses that are not reimbursed On average, volunteers were out-of-pocket by $693 per year One-in-ten volunteers changed their volunteering involvement in the past 12 months due to the personal costs involved Current Standing(s) NSW SES volunteers are able to claim some expenses by reimbursement through the organisation, however many costs incurred by volunteers are unable to be to be claimed. Recommendation 1. The NSW SES VA recommends that the State Government arranges an up to date investigation into the Cost of Volunteering in 2015 and implement any recommendation pertaining to minimising and reimbursing out of pocket expenses associated with volunteering for the Volunteer Emergency Service Combat Agencies. 2. Pending the updated investigation in 1 above the NSW SES VA would also like to see the immediate implementation of the recommendations made in the Costs of Volunteering Taskforce Report. (A full copy of the Cost of Volunteering Taskforce Report is located on page 25.) 4.2. Emergency Service Leave History/Background The Fair Work Act (2009) introduced National Employment Standards (NES) which provide for Emergency Service Leave as part of the entitlement to Community Service Leave. Prior to this legislation only some, typically larger employers provided for Emergency Service Leave. Current Standing(s) Many volunteers are not paid by their employer for time taken off in providing their volunteering services as there is no legal obligation under the NES for employers to pay employees who take Emergency Service Leave (unless their employer has a more generous Emergency Service Leave policy). Effectively it costs them money (loss of wages) to assist their community. 15

17 Queensland, under the Public Safety Preservation Act (1986) and Western Australia, under the Emergency Management Act (2005), both provide for the payment of wages to employees who take Emergency Service Leave. Recommendation The NSW SES VA would like to see NSW adopt similar legislation to that in Queensland and Western Australia so that volunteers who take Emergency Service leave to assist their community during emergencies are not financially disadvantaged Support for Employers of SES Volunteers History/Background One of the main challenges NSW SES Volunteers face is taking time off work to attend call outs and emergencies. As stated in 5.2 above, whilst the National Employment Standards provide for Emergency Service Leave, the result is either time off is taken by the volunteer and unpaid (the volunteer is disadvantaged) or time taken off is paid and borne by the employer (the employer is disadvantaged). Current Standing(s) The State Emergency and Rescue Management (SERM) Act (1989) provides Employment Protection for Volunteer Emergency Workers (Part 3A); however this only applies to Declared Emergencies. The Payroll Tax Act (2007) provides payroll tax exemptions for employers of emergency service volunteers but only for the actual time that their employees spend doing emergency service work. Based on an employee on the average wage this amounts to $13.54 per day. The value of this to employers is more than negated by the administrative effort (& employee cost) required to claim this back. Recommendation 1. The NSW SES VA would like to see Part 3A of the SERM Act amended to include Natural Disaster Declarations as well as Declared Emergencies. This would assist volunteers getting released from work to assist with major natural disasters like floods, storms and bushfires. 2. The NSW SES VA would like to see the Payroll Tax Act amended so that employees who are emergency service volunteers are completely exempt from payroll tax. This would provide an incentive to employers of emergency service volunteers by helping them to cover the cost of paying these employees whilst on Emergency Service Leave. 16

18 5. State Emergency Service Staffing 5.1. Recruitment of Staff from Volunteer Ranks History/Background The NSW SES is a voluntary based emergency response organisation that was established some sixty years ago. Over these sixty (60) years of evolution the NSW SES paid staff members have increased from a small number at the start to currently number more than three hundred (300+). The role of these NSW SES paid staff members is to manage and support its 8,600 NSW SES volunteer members. The volunteer culture of the NSW SES that has evolved over the last sixty years needs to be protected and nurtured by both Government and NSW SES management. This volunteer culture is both locally based and locally focused and should be supported in any NSW SES paid staff recruitment policies by emphasising the value of volunteer knowledge and voluntarism in general. Current Standing(s) Many of the current paid staff members have been part of the volunteer side of the NSW SES, however many do not come with volunteer management experience and this has caused concerns and some unrest among volunteer members. Advertised positions within the NSW SES regularly state that current paid staff will be given preferred status for the advertised role with volunteers unable to apply until after an initial four (4) month period (or something similar) form commencement of the advertisement. The NSW SES VA supports the merit selection principle currently used by the NSW SES and believe the best person for the job should get the job, however more emphasis is required in NSW SES paid staff job descriptions on volunteer management and support. Recommendation The NSW SES VA recommends that all current and future NSW SES job descriptions have a desirable quality inclusion of experience as a NSW SES volunteer and that all paid staff and volunteers be given equal opportunity to apply and be selected for any advertised role. Further, if two candidates for a NSW SES paid staff position are equally qualified with similar experience, preference should be given to the candidate with the NSW SES volunteer experience. 17

19 6. Functional Capacity 6.1. NSW SES Core Roles need to remain under NSW SES Control History/Background The NSW SES is the combat agency for Foods, Storm Damage and Tsunamis for NSW. It has taken sixty (60) years of training and responding to these natural disasters for the NSW SES to become experts in the field of all matters associated with these natural disasters. Responding to the incidents, providing public education on preparedness and providing assistance before, during and after these incidents has enabled the NSW SES to become the most versatile combat agency in NSW. Current Standing(s) Although the NSW SES is the combat agency for Floods, Storms and Tsunami, they are involved in much more than those activities, for example it provides Road Crash Rescue services in many Local Government Areas, it provides Vertical Rescue (rescue from heights and depths) and Flood Rescue. NSW SES volunteers assist the Police with Land Search and Evidence Search along with many other activities associated with other combat agencies. The NSW SES works closely with the NSW Rural Fire Service and Fire and Rescue NSW in a support capacity. The NSW SES respects the roles of other agencies and the NSW SES does not involve itself in fires except to provide support. The NSW SES VA believes that those other combat agencies should respect the role that the NSW SES plays in Floods, Storms and Tsunami, acknowledge the expertise required to perform these roles and acquire the accreditation as set down by the State Rescue Board if they wish to provide assistance to the NSW SES. There is some concern among some NSW SES volunteers that other combat agencies are attempting to branch out covering aspects and activities currently covered by the NSW SES and a such implementing a takeover rather than supplying a support role as is currently in place. Recommendation The NSW SES VA is of the view that the NSW SES should remain the sole combat agency for Floods, Storms and Tsunami and that the other combat agencies continue to provide support to the NSW SES as agreed in Memorandums of Understanding and/or Mutual Aid Agreements. Although the SES Act 1989 specifies the combat role of the NSW SES and other combat agencies it would appear that the Act may need reviewing to more clearly identify each combat agency s role in all types of emergencies. 18

20 7. Deductible Gift Recipient 7.1. Deductible Gift Recipient (DGR) Status for NSW SES VA History/Background The NSW SES VA is a registered charity, but does not meet the current requirements for DGR status. Although recent changes to legislation by the Australian Taxation Office (ATO) allow for individual NSW SES Units to qualify for DGR status, not-for-profit entities such as the NSW SES VA are still unable to qualify. Current Standing(s) The NSW SES VA provides educational scholarships to individual SES volunteers to provide long-term benefits to the communities by facilitating a highly skilled volunteer base. They also provide much needed grants to volunteer Units to assist with funding resources to help them better educate and serve the public. The NSW SES VA also provides public education on how to protect and prepare themselves and their property against the effects of storms, floods and tsunamis. They also act as a focal point for NSW SES volunteers to assist the NSW SES to improve their capacity to respond to community needs during and after emergencies. Within the NSW SES VA they have established a Welfare Fund which provides funds to support the families of volunteers in the event of hardship caused by injury or death whilst executing their duties as NSW SES volunteers. This Fund has been granted DGR status by the ATO but the generation of income and the purposes or uses of such funds are extremely limited. As such, outside the Welfare Fund and although a registered charity and a Not for Profit Company, the NSW SES VA is unable to provide donors a DGR receipt for tax deduction purposes and this limits the opportunities for larger donations. Recommendation The NSW SES VA believes that the State Government should lobby the ATO, through the Federal Government, to change the requirement set down for DGR status so as to allow combat agency associations to be eligible for DGR status. 19

21 8. Workers Compensation 8.1. Workers Compensation for NSW SES Volunteers History/Background NSW SES volunteers injured whilst participating in authorised activities (including but not limited to routine and operational activities, training activities and travelling to and from authorised activities) should receive compensation over and above that provided to persons whose compensation entitlements are specified in relevant State legislation other than in the Workers Compensation (Bush Fire and Emergency Rescue Services) Act 1987 and the Regulations thereto, so as to ensure that no financial hardship is suffered as a consequence of their voluntary service. Furthermore, in the event of death, the volunteer s family should receive an additional lump sum amount. Current Standing(s) In 1987, the Workers Compensation (Bush Fire and Emergency Rescue Services) Act was proclaimed. This legislation extended workers compensation entitlements to volunteers of the RFS, NSW SES, Volunteer Rescue Association (VRA) and Surf Lifesaving NSW. The Act recognised the unique nature of the volunteer emergency service people and the fact that these volunteers are not paid and as such there is no employer/employee relationship. Reference is made throughout the Act to the principal Workers Compensation Act in determining benefits, etc. Although this may have been a convenient mechanism for the development of the legislation it can make it difficult to interpret and understand the difference in provisions. Two issues are of particular concern to the NSW SES VA, namely: 1. The 26 week statutory limitation on weekly benefits prior to reduction in scheduled benefits. 2. The difficulty in assessing weekly benefits for self-employed volunteers when injured. The NSW SES VA is of the view that the Government should negotiate an insurance scheme that guarantees benefits over and above current workers compensation entitlements for volunteer emergency service workers injured while participating in authorised activities (including but not limited to routine and operational activities, training activities and travelling to and from authorised activities) and that provides for full pre-injury income until fully recovered. Recommendations 1. The NSW SES VA recommends the NSW Government provide an insurance scheme that provides the families of volunteer emergency service workers killed or injured whilst on duty, with additional benefits in the form of a lump sum payment and weekly benefits when appropriate and that these payments be in addition to current workers compensation benefits. 20

22 2. The NSW SES VA recommends the NSW Government provide to volunteer emergency service workers injured while participating in authorised activities (including but not limited to routine and operational activities, training activities and travelling to and from authorised activities) an insurance scheme that provides for full pre-injury income payment regardless of duration. 21

23 9. Amendments to the State Emergency Service Act 1989 as amended from time to time 9.1. Amendments to the State Emergency Service Act 1989 relating to the VJCC Act 2010 History/Background The NSW SES VA is mentioned in the SES Act 1989 under the VJCC Act 2010 as an incorporated Association and as the NSW SES VA transitioned to a Not for Profit Company in 2013 this change needs to be reflected in the SES Act. Current Standing(s) Although the NSW SES VA s status has changed from an incorporated Association to a Not for Profit Company the name of the organisation has not changed, however NSW SES VA s status change affects the VJCC mentioned in the SES Act Recommendations That the State Government amends the NSW SES Act 1989 to reflect the change in status of the NSW SES VA mentioned in the VJCC Act Amendments to the State Emergency Service Act 1989 to volunteer interests. History/Background Since the introduction of the SES Act 1989 there has been monumental changes in the makeup of the NSW SES in relation to the ratio of paid public servants to volunteers. This change in ratio has resulted in the interests of volunteers being eroded over time. Current Standing(s) The interests of the paid public servants of the NSW SES are protected by the Public Servants Association and various awards; however the volunteers do not have these bodies to protect their interests. As a result many volunteers believe they are disadvantaged by the system when it comes to things like grievance matters and disciplinary procedures. The NSW SES now refers to all SES volunteers as employees and public officials, however they do not have the same support mechanisms as the paid public servants when it comes to grievance and disciplinary procedures. The NSW Rural Fire Service (RFS) Act, includes a mention that all RFS volunteers are automatically a member of the Rural Fire Service Association, an Association with similar objectives to the NSW SES VA and the NSW SES VA believes that sets the precedent for the NSW SES volunteers. Recommendations The NSW SES VA recommends that the SES Act 1989 be amended to include all SES volunteers as automatic associate members of the NSW SES VA, thus providing a body that can and will represent and protect the interests of all SES volunteers. 22

24 Associate membership of the NSW SES VA would be obligation free for all Associate members, however Associate members would be eligible to register themselves as conscientious objectors whilst still retaining the protection and any benefits associated with being an Associate member of the NSW SES VA Amendments to the State Emergency Service Act 1989 relating to Volunteer Controller appointments History/Background The SES Act 1989 allows for the appointment of various Volunteer Controllers by the SES Commissioner and/or their delegate, these appointments are for a limited duration and reappointments are subject to satisfactory performance appraisals every 2 years. In recent times the NSW SES has replaced a Volunteer Controller with a paid public servant during a very lengthy dispute. Current Standing(s) In the incident mentioned there were problems surrounding due process and procedural fairness which involved a number of legal firms in an attempt to resolve the matter. The NSW SES VA objects to the practice of using paid staff to fill volunteer roles when there are other volunteers capable of filling these roles. The NSW SES VA is not questioning the SES s right to appoint or reappoint Volunteer Controllers; however they do object to this practice of filling volunteer roles with paid staff, and without any indication as to the term of appointment. This is a clear double standard of SES practice as the SES has a policy of not allowing SES volunteers to apply for a paid staff role within the first 4 months of advertising the position. Recommendations The NSW SES VA recommends the State Government amend the SES Act 1989 to protect the rights of Volunteer Controllers appointed under the SES Act by specifically identifying Volunteer roles versus paid public servant roles Amendment or Otherwise to the State Emergency Service Act 1989 relating to Volunteers History/Background The SES Act 1989 defines all NSW SES Paid public servants and Volunteers as Public Officials and infers throughout the Act the alignment between the two. This alignment however is quite the opposite with Paid Staff and Volunteers receiving different entitlements, benefits and treatment. Current Standing(s) Various cases of inequality between Paid Staff and Volunteers can be cited including the following examples. In many cases the NSW SES VA is not requesting equality it is just requesting the legislation recognise these differences. Examples: 23

25 Paid staff being appointed in Volunteer roles without any consideration of available Volunteers whereas Volunteers can not apply for a paid position until after 3 months of the position being advertised and unfilled. Paid staff being placed in charge of an incident whereas the Local Controller (Volunteer) and other volunteers with training accreditation and local knowledge are being overlooked. Level 3 Incident Controller appointments restricted to paid staff only. Such inequalities being implemented without due consideration and acknowledgment is having an impact on Volunteer numbers with more and more Volunteers resigning from the service Recommendations In considering implementation of the above issues and requests it is suggested that these may be better addressed via a different process e.g.: a separate Emergency Service Volunteer Act (or similar). The current Act attempts to group Volunteers and Paid Staff together suggesting they are all Public Officials when in reality the benefits, entitlements and treatment are somewhat different and need to be clearly recognised as such. 24

26 The Rising Costs of Volunteering A report prepared by the Costs of Volunteering Taskforce CONTENTS 1. Executive summary 2. Introduction 3. Issues impacting on volunteering 4. Finding a solution 5. Practices in other countries 6. The work of the Cost of Volunteering Taskforce 7. Principles and definitions 8. The Options 9. Recommendations 10. Conclusion 11. Contact details 12. Appendix 1 1. Executive summary Over the past six years consultation and research within the volunteering sector has consistently provided evidence that the rising cost of volunteering to the individual is becoming an issue of some concern. Australia is in the fortunate position of having high levels of volunteer involvement in the adult population with the numbers currently sitting at around 41 percent. Whilst we are cautiously confident that at this stage Australians are more engaged and enthusiastic about volunteering than ever before we bring to government s attention the recent experiences of the UK, Canada and the USA where volunteer numbers declined before significant government intervention and funding support to the volunteering sector halted the process. Recent surveys have shown that some volunteers are considering either reducing their involvement or ceasing involvement altogether. Much anecdotal evidence would support these findings. In 2001 Volunteering Australia undertook a comprehensive national consultation, as did the emergency management volunteer sector; both consultations uncovered a level of dissatisfaction among volunteers about the cost of volunteering and the unrecognised impact of this by the rest of the community, in particular government. In the second half of 2001 Volunteering Australia brought together a small taskforce of experts to look at the issue of rising costs of volunteering and to determine some possible solutions. The taskforce identified six options that government might consider when addressing the escalating issue of volunteer expenses. Each option was considered against the principles of: equity, universality, simplicity for volunteers, simplicity for organisations, simplicity for government, transparency, not undermining the Principles of Volunteering, positive impact on recruitment and retention of volunteering, cost and availability of new funding. The taskforce identified the broad areas where volunteers incur costs as: transport 25

27 (petrol/vehicle/public transport), telephone, safety equipment and clothing (including uniforms and their maintenance), and training. The taskforce also recommended criteria to ensure that expenses: are not already reimbursed are directly connected with the volunteer work as set down by the organisation (working within agreed parameters) are not deemed to be personal expenses of the volunteer (ie: the volunteer has incurred the expense only as a result of their volunteering activity). The six options were divided into two categories: reimbursement to the volunteer through the organisation for which they work and personal reimbursement direct to the volunteer: Organisational reimbursement options: 1. A grant process similar to the existing volunteer small equipment grant (VSEG) program through which organisations would apply for funding on the basis that they have reimbursed, or intend to reimburse, volunteer out-of-pocket expenses. 2. Government requirement for volunteer reimbursement budget in funding applications from not-for-profit organisations. 3. Tax credit to the not-for-profit organisation this would most effectively be administered through the Goods & Services Tax (GST) system as an offset on the Business Activity Statement (BAS) given that most not-for-profit organisations are income tax exempt. Personal reimbursement options: 4. A personal tax rebate. 5. A personal tax reduction. 6. A personal grant/claim process that the volunteer would apply for directly to the relevant government agency, for example, the Health Insurance Commission (ie: Medicare Offices) and provide evidence of relevant expenses. The taskforce recommended that for all options that deductible gift recipient (DGR) status be used in the first instance as the criteria by which organisations would qualify themselves or their volunteers for reimbursements. Additionally, the taskforce recommended that the amount of reimbursement per volunteer per year be capped at a nominal amount, for example, $300. The taskforce was not in a position to provide a costing for any of these proposals nor did it identify a preferred option. It did however strongly recommend that government consider all options carefully and implement some form of assistance to volunteers to ensure that Australia does not experience a significant downturn in volunteer involvement. 2. Introduction In Australia there are over six million active volunteers over the age of 18. They make up around 41% of the adult population and between them provided approximately 836 million volunteer 26

28 hours in Ironmonger (2000) estimates that volunteering is responsible for around $42 billion of economic activity annually 2. In 2000 the Australian Bureau of Statistics calculated the direct value of volunteer work was $8.9 billion. Australia also has anywhere between 500,000 and 700,000 third-sector organisations (Lyons, 2001) the majority of which involve volunteers in some capacity. The ABS tells us that although most of these organisations do not have paid staff, they are responsible for 3.3% of GDP, and if one includes the financial value of volunteer activity, the figure rises to 4.7% 3 of GDP. This is serious business: not-for-profits make an economic contribution larger than the communications industry, about equal to that of the agriculture industry; or a contribution almost twice as large as the entire economic contribution of the state of Tasmania. Australia is also in the envious position of steadily increasing its volunteer workforce over the past decade against world trends in developed countries; the British, Canadian and US governments have all addressed the downturn in volunteering as an issue of concern by introducing policies supportive of volunteering which have assisted in creating an enabling environment in which organisations and volunteers can operate. Clearly Australians are good volunteers, embracing the notion of community participation with enthusiasm and dedication. Some volunteer involving organisations are in an excellent position to provide excellent working conditions; they are well resourced and make an investment in their paid and volunteer workforce. Others simply do not have the resources to adequately reimburse their volunteers. This may be because they are small or newly emerging or they may work in an area that finds it difficult to attract funds due to the nature of the cause they support. In such cases, the work of the organisations is no less important, but they are heavily reliant on the goodwill of volunteers to keep their organisations active. To many organisations the issue of volunteer costs and reimbursements has never even been thought of because their work is almost entirely volunteer based. This wonderful diversity in non-profit organisations is the very thing that allows small communities to tackle local issues and develop local facilities but when volunteers start making the decision to give up volunteering because the cost is too great it is time for governments to act. This paper does not seek to provide one solution for the rising costs of volunteering but rather several possibilities to address what could become a serious barrier to volunteering. The taskforce that is responsible for this paper was not in a position to cost some of the options it has suggested but offered government any assistance it can in developing these proposals further. It should be noted that while this submission is intended for the Australian Government to consider options at the Commonwealth level, the taskforce acknowledged that governments of all jurisdictions have a responsibility for supporting volunteering. State and local governments that 1 Dept of Family, Community and Indigenous Affairs, Giving Research on Philanthropy in Australia. Survey of Business Canberra. Reports. 2 Ironmonger, D (2000) Volunteers and Volunteering Federation Press. 3 Australian Business of Statistics, Non-profit Institutions Satellite Account, Australian National Accounts 1999/2000. Catalogue No , ABS Canberra,