5 IGEM system-level assurance This chapter outlines IGEM's interpretation of the intent of the arrangements based on the objectives and roles for government and industry established in the Act and based on the vision, principles, strategic priorities and roles for government and industry described in the Strategy. It goes on to outline some of the key observations IGEM made in 2016 and 2017 about the implementation of the arrangements. Finally, this chapter explains why IGEM is transitioning from monitoring implementation of the arrangements to assessing the efficiency, and eventually the effectiveness, of the arrangements.
5.1 Intent of the arrangements Broad context Given IGEM’s function is to monitor, review and assess critical infrastructure resilience at a system level, IGEM considers it important to consider the arrangements in their broad context. The Strategy gives effect to Part 7A of the Act and Part 7A contains the provisions which authorise a number of key activities under the arrangements.17 IGEM reads significance into Part 7A having been embedded in the Act rather than in another piece of legislation. The Act is the principal legislation for emergency management in Victoria. As such, the arrangements should be interpreted in the context of emergency management and consideration should be given to how the arrangements interact with the emergency management system. IGEM understands the emergency management system to encompass fields of activity beyond emergency response operational decision making – as is reflected by the Act and associated legislation and policy (refer to Figure 3 on the next page). While the Act is the principal legislation for emergency management in Victoria, it is not the only legislation, regulation or policy which contains provisions for emergency management in relation to essential services in Victoria from a Victorian perspective or from a national perspective – examples include: •
The Essential Services Act 1958 which enables a minister to operate, control, regulate and direct any essential service during a period of emergency which has been proclaimed by the Governor in Council in relation to the essential service.
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Legislation which enables government action in an emergency in relation to the supply of essential services such as the Electricity Industry Act 2000, Gas Industry Act 2001, Fuel Emergency Act 1977, Road Management Act 2004, Rail Management Act 1996, Port Management Act 1995, and Water Act 1989.
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IGEM appreciates that activities such as sector resilience networks and plans are called for in the Strategy, and IGEM notes that the Strategy states that it ‘gives effect to recent legislative changes to the Act which came into effect on 1 July 2015’.
