PARLIAMENT OF VICTORIA Environment, Natural Resources and Regional Development Committee Inquiry into the CFA Training College at Fiskville Final Report Parliament of Victoria Environment, Natural Resources and Regional Development Committee Ordered to be published VICTORIAN GOVERNMENT PRINTER May 2016 PP No 166, Session 2014‑16 ISBN 978 1 925458 26 8 (print version) 978 1 925458 27 5 (PDF version) Committee functions The Environment, Natural Resources and Regional Development Committee is constituted under section 10 of the Parliamentary Committees Act 2003. The committee’s functions are to inquire into, consider and report to the Parliament on any proposal, matter or thing concerned with: a. the environment b. natural resources c. planning the use, development or protection of land d. the provision of services to regional Victoria e. the development of regional Victoria. ii Environment, Natural Resources and Regional Development Committee Committee membership Ms Bronwyn Halfpenny MP Mr Tim McCurdy MP Chair Deputy Chair Thomastown Ovens Valley Mr Simon Ramsay MLC Mr Tim Richardson MP Mr Bill Tilley MP Western Victoria Mordialloc Benambra Member from 28 May 2015 Ms Vicki Ward MP Mr Daniel Young MLC Eltham Northern Victoria Member from 16 April 2015 Former Members Mr Brad Battin MP Ms Jaclyn Symes MLC Gembrook Northern Victoria Member until 27 May 2015 Member until 16 April 2015 Inquiry into the CFA Training College at Fiskville – Final Report iii Committee secretariat Current Staff Mr Keir Delaney, Executive Officer (from January 2016) Mr Patrick O’Brien, Research Officer (from June 2015) Dr Anita Mackay, Legal Research Officer (from September 2015) Mr Peter Rozen, Legal Counsel (from April 2015) Mr Kieran Crowe, Administrative Officer (from January 2016) Former staff Dr Greg Gardiner, Executive Officer (December 2014 – July 2015) Ms Yuki Simmonds, Witness Liaison Officer (March 2015 – June 2015) Dr Kelly Butler, Research Officer (January 2015 – July 2015) Mr John Aliferis, Legal Research Officer (March 2015 – September 2015) Mr Matt Newington, Administrative Officer (March 2015 – June 2015) Ms Christianne Castro, Administrative Officer (March 2015 – June 2015) Ms Emily Collins, Administrative Officer (September 2015 – December 2015) Paralegals Ms Jordan Barling (July 2015 – February 2016) Ms Lana Gurton (June 2015 – August 2015) Ms Elizabeth Hicks (June 2015 – September 2015) Mr Barnaby Matthews (June 2015 – September 2015) Ms Melissa Morgan (September 2015 – October 2015) Ms Stephanie Sprott (February 2016 – April 2016) Mr James Stafrace (January 2016 – April 2016) Ms Olivia Wan (September 2015 – February 2016) Committee contact details Address Environment, Natural Resources and Regional Development Committee Parliament House, Spring Street EAST MELBOURNE, VIC 3002 Phone 61 3 8682 2803 Email [email protected] Web www.parliament.vic.gov.au/enrrdc This report is available on the Committee’s website. iv Environment, Natural Resources and Regional Development Committee Contents Preliminaries Committee functions ii Committee membership iii Committee secretariat iv Chair’s foreword xi Terms of Reference xv Executive summary xvii Recommendations xxix Findings xxxiii Glossary of terms xlv Timeline of key events xlvii 1 Introduction to the Inquiry 1 1.1 The Inquiry’s Terms of Reference 2 1.2 The CFA’s Fiskville Training College 3 1.3 Background to the Inquiry 5 1.4 The concerns of victims 7 1.5 Epidemiological evidence 11 1.6 Regulation of the CFA’s activities at Fiskville 13 1.7 The Country Fire Authority 13 1.8 The importance of training 15 1.9 Firefighters and occupational health and safety 17 1.9.1 Reasonable practicability 19 1.9.2 The special responsibilities of employers that are statutory authorities 22 1.10 Fiskville’s closure and its repercussions 23 1.11 Meeting current and future training demand 27 2 Inquiry process 29 2.1 Introduction 30 2.2 Consultation process 31 2.2.1 Submissions 31 2.2.2 Public hearings 31 2.2.3 Site visits and informal briefings 33 2.2.4 Evidence‑gathering trip to Germany 34 2.3 Interim Report and Special Report 35 2.3.1 Interim Report (June 2015) 35 2.3.2 Special Report on Production of Documents (November 2015) 38 2.4 Inquiry timeframe 39 2.5 Document discovery process 39 2.5.1 Documents requested from the CFA 40 Inquiry into the CFA Training College at Fiskville – Final Report v Contents 2.5.2 Documents requested from other agencies and Departments 40 2.5.3 Document discovery in a Parliamentary setting 41 2.5.4 Value of the documents 43 2.5.5 Providing information to people affected by Fiskville training activities and the general public that would otherwise be hidden 45 2.6 Challenges associated with accessing CFA documents 46 2.6.1 Claims of executive privilege 47 2.6.2 Further concerns with the process of accessing CFA documents 48 2.7 Addressing challenges with accessing documents 54 2.7.1 Model Litigant Guidelines 54 2.7.2 Department of Premier and Cabinet’s guidelines 56 3 Fiskville — the site, contamination and people’s experiences 59 3.1 The Fiskville story 60 3.1.1 The Joy Report 60 3.1.2 Water quality at Fiskville 62 3.2 Contamination at the training centre 63 3.3 The Fiskville experience 66 3.3.1 The impact on residents, staff and trainees 66 3.3.2 Fiskville State School 75 3.3.3 Fiskville’s neighbours 76 3.4 Community engagement 76 4 Contamination — history of training activities and how the Fiskville site was contaminated 79 4.1 Information on contamination at Fiskville 80 4.2 Practical training at Fiskville 1972‑1999 81 4.3 Creating fire 81 4.3.1 How contamination happened 86 4.4 Extinguishing fire ‑ firefighting foam and PFCs 90 4.4.1 The CFA’s use of foam containing PFCs 92 4.5 Extinguishing fire ‑ recirculated water 93 4.6 Use of water following the Joy Report 97 4.6.1 Dam 1 contaminants 102 4.6.2 Class A recycled water 108 4.6.3 Other contaminants 112 4.7 Contaminated dirt piles and their off‑site impact 116 5 CFA organisational culture and approach to health and safety 119 5.1 Introduction 120 5.2 CFA culture 121 5.2.1 Reluctance to raise criticism internally 124 5.3 Importance of trust 128 5.3.1 Trust of employees (including volunteers) 128 5.3.2 Trust of the community 129 5.3.3 Loss of trust at the CFA: failure to inform those affected by the contamination 129 vi Environment, Natural Resources and Regional Development Committee Contents 5.4 How the Department of Defence kept the community informed about contamination 133 5.4.1 Army Aviation Centre, Oakey, Queensland 133 5.4.2 RAAF Base Williamtown, New South Wales 134 5.4.3 Comparison of the CFA’s and Department of Defence’s approaches 136 5.5 Failure to implement policies 137 5.5.1 Management holding inaccurate perceptions 137 5.5.2 Management policies not being implemented 139 5.5.3 Compliance with Water Management Plans 141 5.5.4 Response to test results that did not meet the standards 144 5.5.5 Recommendations from Central Highlands Water 147 5.5.6 Committee’s view 148 5.5.7 Addressing lack of implementation of policies 149 5.6 Failure to prevent and manage contamination 149 5.6.1 Example 1: Delayed action: 1988 – 1991 150 5.6.2 Example 2: Inaction: 1996 – 2002 152 5.7 Response to external reviews 155 5.7.1 Examples of failure to respond to recommendations 156 5.8 CFA management of occupational health and safety 158 5.9 Conclusion 162 6 The role of past and present CFA executive management 165 6.1 Interpretation of Terms of Reference (3) 166 6.2 The CFA’s organisational structure 166 6.2.1 Overview of executive management of the CFA 167 6.2.2 Composition of the CFA Board 170 6.2.3 CFA Board responsibilities 172 6.2.4 Board subcommittees 172 6.3 CFA executive management knowledge prior to December 2011 173 6.3.1 Board‑level knowledge 175 6.3.2 Knowledge of respective Chief Executive Officers, Chief Officers and Deputy Chief Officers 183 6.3.3 Knowledge of middle‑level management 188 6.3.4 Knowledge of Officers in Charge at Fiskville 190 6.3.5 Knowledge prior to December 2011 193 6.4 Comparison of witness evidence and documentary evidence 194 7 Regulation of Fiskville by WorkSafe 199 7.1 Introduction 200 7.2 Regulatory framework 201 7.3 Dangerous Goods Act 1985 205 7.4 WorkSafe activity at Fiskville between 1991 and December 2011 207 7.4.1 Digging up the past 209 7.4.2 The WorkSafe response to the Herald Sun article in December 2011 214 7.4.3 The request by the United Firefighters Union (UFU) for a WorkSafe investigation 216 Inquiry into the CFA Training College at Fiskville – Final Report vii Contents 7.4.4 WorkSafe and the CFA’s change to its water quality standards 218 7.4.5 A ‘letter of assurance’ from WorkSafe 221 7.4.6 The UFU request under section 131 of the Occupational Health and Safety Act 2004 223 7.4.7 WorkSafe broke the law 226 7.4.8 Why the CFA was not prosecuted over Fiskville 228 7.5 The closure of Fiskville 231 7.6 The CFA was selective in what it told WorkSafe about Fiskville 232 7.7 Conclusion 234 8 Regulation of Fiskville by other regulatory agencies 235 8.1 Introduction 236 8.2 EPA Victoria 237 8.2.1 The law 237 8.2.2 Two distinct eras of EPA Victoria’s involvement 240 8.2.3 EPA Victoria’s involvement prior to 2011 243 8.2.4 EPA Victoria’s involvement post the Joy Report (2012) – the Clean Up Notices 248 8.2.5 Fiskville licence to operate 250 8.2.6 Conclusion: EPA Victoria failed to carry out its statutory role at Fiskville 252 8.3 Regulatory response to PFC contamination at the Lloyds’ farm 253 8.3.1 The relevant law 253 8.3.2 The response to the detection of PFC at the Lloyds’ farm