3 Implementation progress

The progress summaries in this section provide an overview of implementation activity for the five commitments that remained in progress as of July 2021, covering the period August 2021 to July 2022 and key developments since then

Each progress summary includes IGEM's assessment of the commitment's current implementation status – whether it is complete or remains in progress – and a finding that provides further context on implementation progress.

IGEM's progress summaries are evidence-based. Where IGEM has been unable to sight evidence of implementation activity, it reports the activity as 'advised’ by the lead agency or department, which represents a lower level of assurance.

Some commitments refer to activity already completed or in progress at the time of the government response, and some exceed the scope of the recommendation while others are more limited in scope – for example, where the government supported the recommendation only in part.

All 33 commitments and their current implementation status are recorded in Appendix A.

Recommendation 6

That the Victorian Government introduce potable water as standard for firefighting training water to be complied with at all firefighting training facilities.

Government commitment:

Implementation of any necessary additional treatment processes required to improve training water at all training centres to ensure it is of a standard that is safe for training use and consistent with requirements under any relevant enterprise agreements.

Lead agency CFA Status In progress

The inquiry found that CFA practices of recycling firefighting training water contaminated by combustion by-products, unburnt flammable liquids and firefighting foam caused health problems for trainers and trainees.

The inquiry recommended that potable (drinkable) standards for training water be introduced and complied with at all training centres.

The government supported the introduction of water standards that ensured firefighter safety and committed to implement the treatment processes required to meet these standards. Consistency with requirements under relevant enterprise agreements was secured in 2018.

The key ongoing activity to address this commitment is the introduction of new water management systems (WMS) and water treatment processes at CFA-operated training centres.

Table 2 provides the completion dates of WMS installation as of September 2022, including the new Central Highlands training centre.

Completed Water Management Systems at Country Fire Authority training centres

Penshurst

Wangaratta

August 2020

October 2020

Central Highlands July 2021

Sunraysia

March 2022

Longerenong August 2022

Construction was due for completion at all sites by April 2022, however COVID-19 pandemic impacts, delays to deliveries of parts and materials, and ongoing resolution of technical issues has prolonged works on remaining WMS. Bangholme, Huntly and West Sale are now scheduled for completion in late 2022.

Since 2018, CFA has also undertaken infrastructure upgrade works at all of its existing training centres. This includes Bangholme, Huntly, Longerenong, Penshurst, Sunraysia, Wangaratta, and the final training centre West Sale (works completed in February 2022)

Independent water testing is conducted regularly at all training centres, with the results made publicly available online at cfa.vic.gov.au/about-us/environmental-compliance-program/water-monitoringresults

Refer to Recommendation 28 for more information on the new Central Highlands training centre.

Finding

IGEM considers that this commitment is progressing satisfactorily.

Recommendation 21

That the Victorian Government lead Government action to support the expeditious ratifying of changes made to Appendix B of the Stockholm Convention on Persistent Organic Pollutants.

Government commitment:

Seek assurance from the Commonwealth Government that it will complete the RIS process 1 and take actions to ratify the 2009 amendment decision.

If and when the amendment decision is ratified, it will work with the Commonwealth, other states and territories to update the National Implementation Plan under the Convention and to develop any legislative amendments that may be required in Victoria to bring this into effect.

Lead agency DELWP

Status

In progress

1 IGEM's 2018 progress report noted the Australian Government's completion of a Regulation Impact Statement (RIS) on ratification of the PFOS listing prior to the development of the IChEMS regulatory framework.

The Stockholm Convention on Persistent Organic Pollutants is a global treaty to protect human health and the environment from persistent organic pollutants (POPs). POPs are chemicals that remain intact in the environment for long periods, become widely distributed geographically, accumulate in the fatty tissue of humans and wildlife, and have harmful impacts on human health and the environment.

Australia ratified the Stockholm Convention in 2004, at which time twelve such pollutants were listed in the Convention. Australia placed controls on the import, manufacture, use and export of these chemicals. As an opt-in party to the Stockholm Convention, Australia undertakes a domestic treaty making process before ratifying (and being bound by) any new chemical listings or other amendments to the Convention.

Perfluorooctane sulfonic acid (PFOS) is a type of PFAS used in firefighting foams. PFOS was added to Annex B of the Stockholm Convention in 2009 due to increasing concerns over its health and environmental impacts.

In response to the inquiry, the Victorian Government provided in-principle support for ratification of the PFOS listing. However, it noted that the Australian Government was responsible for leading this process. Other PFAS used in firefighting foams have been added to Annex A of the Stockholm Convention more recently: Perfluorooctanoic acid (PFOA) in 2019 and Perfluorohexane sulfonic acid (PFHxS) in 2022. 2 CFA and Fire Rescue Victoria (FRV) have both phased out the use of firefighting foams containing these chemicals

DELWP advised that Australia’s ratification of the PFOS listing will now be facilitated through the new nationwide IChEMS regulatory framework (refer to Text Box 2 for more information). The Victorian Government has committed to working with other states and territories and the Australian Government to implement scheduling decisions under IChEMS through any necessary amendments to relevant Victorian legislation. DELWP advised that this will enable Australia to ratify the PFOS listing (and other PFAS listings) on the Stockholm Convention.

This change in approach reflects the recent development of the IChEMS regulatory framework. DELWP advised that the National Implementation Plan – an important mechanism for the original ratification of the Stockholm Convention by Australia in 2004 – will be updated at a future point to record how Australia is meeting existing Stockholm Convention obligations.

TEXT BOX

2: INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT STANDARD (ICHEMS)

IGEM's 2021 progress report noted the enactment of the Industrial Chemicals Environmental Management (Register) Act 2021 by the Australian Parliament The Act is an important part of the Industrial Chemicals Environmental Management Standard (IChEMS) regulatory framework that will ensure nationally consistent management of harmful chemicals, including persistent organic pollutants.

IChEMS will provide a mechanism to implement nationally consistent controls on PFAS of concern. It assigns risk management measures to chemicals which need to be implemented by chemical manufacturers, suppliers, users and disposers. It will help Australia to meet Stockholm Convention requirements for listed chemicals.

The Department of Climate Change, Energy, the Environment and Water 3 advised that IChEMS scheduling decisions will start in late 2022, with PFOS, PFOA, and PFHxS due to be scheduled in 2023. More information on IChEMS is available at dcceew.gov.au/environment/protection/chemicalsmanagement/national-standard

Finding

IGEM notes the change in approach to implementing this commitment and that this commitment depends on activity at the national level for full implementation.

2 See chm.pops.int/TheConvention/ThePOPs/TheNewPOPs/tabid/2511/Default.aspx

3 On 1 July 2022 the Australian Government water and environment portfolios transferred from the former Department of Agriculture, Water and Environment to the new Department of Climate Change, Energy, the Environment and Water. For more information see dcceew.gov.au/about/what-we-do

Recommendation 27

That the Victorian Government monitor PFC levels in all firefighters in Victoria accompanied by appropriate health advice and current research.

Government commitment:

The First Responder Health Program will be an opt-in/voluntary program to complement existing mental and physical health and wellbeing programs and champion preventative and early intervention strategies. It is proposed to include:

• enhanced or additional programs to test, monitor and provide First Responder health services, (including those related to PFC levels)

• an online portal to enhance information and web-support for health and wellbeing.

Lead agency EMV

The inquiry recommended that the government monitor PFAS levels in all Victorian firefighters, accompanied by appropriate health advice and research.

The government supported the recommendation in principle, committing to develop a program to improve emergency responder health and wellbeing outcomes.

This progress summary covers recent developments in implementing the Emergency Responder Health Program.

IGEM acknowledges that, in relation to monitoring, CFA offers free and confidential health checks to anyone potentially exposed to PFAS at Fiskville or any current CFA-managed training centre Access to a five-year health surveillance program is also available to individuals if determined medically appropriate. Further information is available at cfa.vic.gov.au/volunteers-careers/health-and-wellbeing/cfa-fiskvillehealth-surveillance-program.

FRV operational firefighters and mechanical workshops staff can also access blood testing of PFAS levels on a voluntary basis. A recent clinical trial initiated and led by FRV found a 10 per cent reduction in PFAS levels after blood donation and a 30 per cent reduction after plasma donations.

Emergency Responders Health Program

IGEM's 2021 progress report noted funding issues in relation to this commitment.

In March 2022 EMV successfully secured the funding allocated to the Emergency Responders Health Program ($2.367m). In May 2022 EMV's Deputy Secretary, Emergency Management approved the inclusion of the program in the EMV workplan from 2022–23 to 2024–25.

To deliver the program and ensure the efficient and effective use of the funding, EMV plans to explore opportunities with existing sector partners to build on and support mental health programs already underway.

IGEM notes that this represents a change in approach to the implementation of this commitment, though remaining in line with its intent – that the program should complement existing mental and physical health and wellbeing programs

IGEM will continue to monitor progress against this commitment including the outcome of EMV's discussions with sector partners

IGEM notes the change in approach to implementing this commitment.

Recommendation 28

That the Victorian Government as a matter of urgency purchase a new site in the Ballan area for construction of a new firefighting training centre, managed by the CFA, with occupational health and safety compliance managed by the Emergency Management Victoria Inspectorate (in accordance with Recommendation 12 in Chapter 5).

Government commitment:

The CFA received $34.8 million in the 2016–17 State Budget to acquire land and develop a new Central Highlands Training Campus and upgrade the existing Huntly Campus for specialist fire investigation training. The works are scheduled to be completed over three years.

CFA has conducted an extensive process to identify and secure a suitable site for the new Central Highlands Campus. It will begin detailed planning for the campus once suitable land has been acquired.

The Minister for Emergency Services has also asked IGEM to develop and implement an assurance framework, including a monitoring regime that considers the safety of the operations of Victoria’s emergency management training facilities. IGEM will work closely with WorkSafe to ensure the roles of each are complementary. 4

Lead agency CFA Status Complete

The inquiry found that the closure of Fiskville in 2015 had significantly affected Victoria’s ability to train firefighters and other emergency services personnel and recommended that the government purchase a site near Ballan for the construction of a new CFA-operated training centre.

The government supported the recommendation and allocated CFA $34.8m in the 2016–17 Victorian State Budget for a new training centre and upgrades to its existing Huntly training centre.

Central Highlands

The Central Highlands training centre officially opened on 23 November 2021 and is fully compliant with current standards for environmental impact, emission control and water management.

The centre provides a safe environment for CFA volunteers and other emergency services personnel to practise their skills through a range of real-life scenarios, based on the types of incidents they are likely to face in their roles. It features three practical areas for drills and an off-road driver training area.

Volunteers practising their skills at the Central Highlands training centre (Source: CFA)

Further information on the centre is available at cfa.vic.gov.au/about-us/what-we-do/trainingcentres/vemtc-central-highlands

Previous IGEM progress reports provide information on planning and procurement activities led by CFA and construction work on the site.

4 The activity referred to in this paragraph is reported under Recommendation 12.

Huntly

Previous IGEM progress reports provide information on the construction and testing of a specialist fire investigation facility and support buildings at the Huntly training centre.

Completed in February 2022, the new facility includes a thermal oxidiser that reburns smoke emitted during fire investigation burns to break down toxic emissions – only carbon dioxide is emitted into the atmosphere.

CFA and FRV fire investigation teams and Victoria Police will use the facility for the delivery of courses in structural and vehicle fire investigation, skills maintenance, professional development, and scene reconstructions.

Finding

IGEM considers that this commitment has been implemented.

Recommendation 31

That the Victorian Government establish a dedicated redress scheme for Fiskville affected persons and ensure:

(a) That a register of Fiskville affected persons is created

(b) That the scheme is developed in consultation with Fiskville affected persons

(c) That a time line for implementation is developed

(d) That there is broad eligibility including people from neighbouring properties and other nearby sites

(e) That there is a low evidentiary requirement so that it is not onerous for people to access, reflecting the fact that supporting records may be difficult for some people to produce

(f) That a range of redress options exist, such as access to health services, a financial payment, and / or a meaningful apology

(g) That there is robust administration of the scheme independent of the CFA

(h) That the CFA’s required operational capacity is not affected by any redress scheme.

Government commitment:

Examination of the many complex issues associated with a redress scheme, including appropriate funding arrangements. The issues examined will include:

• eligibility issues that face redress schemes

• how any redress scheme would interact with other schemes and legal rights

• the form, administration and duration of redress schemes adopted in other jurisdictions, including the types of redress that are offered and considered effective

• resourcing.

Lead agency DJCS

Status Complete

The inquiry found that the contamination of Fiskville had affected a broad group of people who all had a right to justice. It defined Fiskville-affected persons as:

• firefighters who provided training to others and engaged in training

• employees of private companies who provided training to others and engaged in training

• employees of other government agencies who provided training to others and engaged in training

• families of firefighters who lived at Fiskville

• landowners and others who lived in the vicinity of Fiskville

• people who attended Fiskville State School.

The inquiry found that existing avenues of compensation were inadequate for most Fiskville-affected persons and recommended that the government establish a dedicated redress scheme.

The government supported the recommendation in principle and committed to examining issues associated with establishing a redress scheme, including eligibility and resourcing.

Since 2017 IGEM has been provided with information on the development of the redress scheme and its design and policy parameters. Legislative provisions prevent IGEM from disclosing details of this information.

Responsibility for establishing the redress scheme transferred from EMV to DJCS in August 2021.

Development of the redress scheme continued, informed by consultation with relevant agencies, medical experts, and Fiskville-affected persons. The government endorsed its recommended design and policy parameters in April 2022.

Announcement of the Fiskville Redress Scheme

On 26 August 2022 the Minister for Emergency Services announced funding of $57m to deliver the redress scheme, which opened for applications on 5 September 2022.

The announcement was supported by a joint apology on behalf of CFA’s Board and Management from the CFA Board Chair, Chief Executive Officer, and Chief Officer 5

The scheme is available to people exposed to harm while working and training at the site, as well as those who lived at the site or in the vicinity. It will offer eligible participants both financial and non-financial support, such as mental health and medical support as well as case management and counselling.

The scheme will examine individual circumstances and each application will be considered on a case-bycase basis.

DJCS is administering the scheme independent of the CFA. Scheme participants will not be restricted in their right to pursue other avenues of compensation. 6

Further information is available at vic.gov.au/redress-fiskville

Finding

IGEM considers that this commitment has been implemented.

5 news.cfa.vic.gov.au/news/fiskville-redress-scheme

6 In 2019 Victoria introduced presumptive rights to cancer compensation for career and volunteer firefighters. The scheme presumes that firefighters claiming compensation for certain cancers contracted the cancer due to their firefighting service and are therefore entitled to compensation. For more information see vic.gov.au/fire-servicesreform#presumptive-rights-compensationscheme