Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


FIRE AUTHORITIES (AMENDMENT) BILL 1997

                    PARLIAMENT OF VICTORIA

          Fire Authorities (Amendment) Act 1997
                                    Act No.


                        TABLE OF PROVISIONS
Clause                                                                 Page

PART 1--PRELIMINARY                                                       1
  1.     Purposes                                                         1
  2.     Commencement                                                     2
PART 2--AMENDMENT OF THE COUNTRY FIRE AUTHORITY
ACT 1958                                        3
  3.     Principal Act                                                    3
  4.     Definitions                                                      3
  5.     New section 6A inserted                                          4
         6A.      Accountability of Authority                             4
  6.     Officers and employees                                           4
  7.     New section 23AA inserted                                        4
         23AA. Industry brigades                                          4
  8.     Municipal fire prevention committees                             7
  9.     New sections 55A and 55B inserted                                8
         55A. Municipal fire prevention plans                             8
         55B. Audit of municipal fire prevention plan                     8
  10.    New Part VA substituted                                          9
         PART VA--APPEALS                                                 9
         Division 1--Country Fire Authority Appeals Commission            9
         74A.       Country Fire Authority Appeals Commission             9
         74B.       Function of the Commission                            9
         74C.       Membership of Commission                              8
         74D.       Term of appointment                                   9
         74E.       Remuneration and allowances                          10
         74F.       Application of Public Sector Management Act 1992     10
         74G.       Vacancies                                            10
         74H.       Annual report of the Commission                      11
         Division 2--Appeals                                             11
         74I.       Rights of appeal                                     11
         74J.       Appeals to be by way of re-hearing                   11
         74K.       Proceedings of the Commission                        12
         74L.       Assistants in proceedings                            12



                                        i
531179B.I1-1/4/97

 


 

Clause Page 74M. Procedure on appeal 12 74N. Commission powers on appeal 13 74O. Costs 13 74P. Appeals against transfer 14 74Q. Promotion appeals 14 74R. Determination of Commission 14 74S. Authority and Chief Officer to give effect to determination 15 74T. Evidence of determination 15 11. Regulations 15 12. Industry brigades 16 13. New section 111 inserted 18 111. Transitional--appeals 18 14. Statute law revision 18 PART 3--AMENDMENT OF THE METROPOLITAN FIRE BRIGADES ACT 1958 19 15. Principal Act 19 16. New section 2 inserted 19 2. Purposes 19 17. Definitions 19 18. Repeal of heading 20 19. New sections 6 to 21 substituted 22 6. Metropolitan Fire and Emergency Services Board 22 7. Functions of Board 22 8. Accountability of Board 23 9. Constitution of the Board 23 10. Term of appointment 23 11. Remuneration and allowances 24 12. Application of Public Sector Management Act 24 13. Vacancies 24 14. Acting members 25 15. Membership of Board not office or place of profit 25 16. Decisions not affected by certain matters 26 17. Immunity of members of Board 26 18. Meetings of the Board 26 19. Participation in meetings by telephone etc. 27 20. Resolutions without meetings 26 21. Conflicts of interest 28 20. Sections 22 and 23 repealed 30 21. Power to acquire land 30 22. Power of delegation 30 24B. Power of delegation 30 23. Section 25 repealed 30 24. General powers of Board 30 25. New section 25B inserted 31 ii 531179B.I1-1/4/97

 


 

Clause Page 25B. Employees of Board 31 26. New section 26 substituted 32 26. Formation of units 32 27. New heading substituted 32 28. New sections 28, 29, 30 and 31 substituted 32 28. Chief Executive Officer 32 29. Acting Chief Executive Officer 33 30. Delegation of powers of Chief Executive Officer 33 31. Chief Officer 34 29. Action on alarm of fire 34 30. Destruction etc. of building by Chief Officer 35 31. False alarm of fire 36 32. Repeal of heading and section 33A 36 33. Regulations 36 34. Repeal of section 35 37 35. New section 52 substituted 37 52. Units to be registered 37 36. Section 53 repealed 38 37. New sections 54 and 54A substituted 38 54. Damage done to be within policy 38 54A. Immunity from certain liabilities 38 38. New section 55D substituted 38 55D. Board may provide emergency prevention and response service 38 39. Activities outside metropolitan fire district 39 40. New section 56 substituted 39 56. Extension and application of Act 39 41. Section 57 repealed 39 42. Removal of persons from burning premises 39 43. Rights to water 40 44. New section 61 substituted 40 61. Police to aid units 40 45. Section 62 repealed 41 46. Owner to give information 41 47. Fire prevention work 41 48. Offences relating to impersonation 42 49. Recovery and application of penalties 42 50. Section 78 repealed 42 51. Offences by members of the operational staff 42 52. New sections 78B substituted and sections 78C, 78D and 78E inserted 42 78B. Laying of charges 43 78C. Hearing of charges 43 78D. Decision of Chief Executive Officer 43 78E. Pay while suspended 44 53. New heading substituted 45 iii 531179B.I1-1/4/97

 


 

Clause Page 54. New section 79 substituted and sections 79A to 79S inserted 45 79. Metropolitan Fire and Emergency Services Appeals Commission 45 79A. Function of the Commission 45 79B. Membership of Commission 45 79C. Term of appointment 45 79D. Remuneration and allowances 46 79E. Application of Public Sector Management Act 1992 46 79F. Vacancies 46 79G. Annual report of the Commission 47 Appeals 47 79H. Rights of appeal 47 79I. Certain appeals to be by way of rehearing 47 79J. Proceedings of the Commission 48 79K. Assistants in proceedings 48 79L. Procedure on appeal 48 79M. Commission powers on appeal 49 79N. Costs 49 79O. Appeals against transfer 50 79P. Promotion appeals 50 79Q. Determination of Commission 51 79R. Board and Chief Executive Officer 51 79S. Evidence of determination 51 55. Repeal of sections 81(5), 81(6), 83, 85 and 86 51 56. References to Chief Fire Officer 51 57. References to officers 52 58. References to brigades 52 59. Statute law revision 52 60. New sections 94 to 98 inserted 52 94. Supreme Court--limitation of jurisdiction 52 Transitional Provisions 52 95. Superseded references 52 96. Metropolitan Fire Brigades Board 53 97. Chief Fire Officer 54 98. Transitional--appeals 54 NOTES 56 iv 531179B.I1-1/4/97

 


 

s. 2 PARLIAMENT OF VICTORIA A BILL to amend the Country Fire Authority Act 1958 and the Metropolitan Fire Brigades Act 1958 and for other purposes. Fire Authorities (Amendment) Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to amend the Country Fire Authority Act 5 1958 to improve the operation and administration of that Act; and (b) to amend the Metropolitan Fire Brigades Act 1958 to improve the operation and administration of that Act. 1 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 Act No. 2. Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining 5 provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 January 1998, it comes into operation on that day. 10 _______________ 2 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 3 Act No. PART 2--AMENDMENT OF THE COUNTRY FIRE AUTHORITY ACT 1958 3. Principal Act Act No. 6228 In this Part the Country Fire Authority Act 1958 Reprint No. 7 5 is called the Principal Act. as at 7 November 1996. Further amended by Act No. 59/1996. 4. Definitions (1) In section 3 of the Principal Act insert-- ' "designated area" means an area designated by the Authority under section 23AA; 10 "industry brigade" means a brigade established under section 23AA; "senior employee" means the holder of a position designated by the Authority as a senior position;". 15 (2) In section 3 of the Principal Act-- (a) in the definition of "brigade" after "volunteer" insert "or industry brigade"; (b) in the definition of "permanent brigade" after "members" insert "but does not include an 20 industry brigade"; (c) in the definition of "permanent officer or member" after "services" (where secondly occurring) insert "but does not include an officer or member of an industry brigade"; 3 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 5 Act No. (d) in the definition of "volunteer brigade" after "members" insert "but does not include an industry brigade"; (e) in the definition of "volunteer officer or 5 member" after "brigade" (where secondly occurring) insert "but does not include an officer or member of an industry brigade". 5. New section 6A inserted After section 6 of the Principal Act insert-- 10 "6A. Accountability of Authority (1) The Authority is subject to the general direction and control of the Minister in the performance of its functions and the exercise of its powers. 15 (2) The Minister may from time to time give written directions to the Authority.". 6. Officers and employees In section 17 of the Principal Act after "any time" insert "transfer,". 20 7. New section 23AA inserted After section 23 of the Principal Act insert-- '23AA. Industry brigades (1) The Authority may from time to time in accordance with the regulations designate 25 areas in the country area of Victoria in which it is appropriate to establish industry brigades. (2) The Authority may from time to time in accordance with the regulations require any 30 relevant owner or group of relevant owners in a designated area-- 4 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 Act No. (a) to form an industry brigade for that area; and 5 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 7 Act No. (b) to apply to the Authority for registration of the industry brigade; and (c) at the expense of the relevant owner or owners-- 5 (i) to provide such officers and members for the industry brigade as are determined by the Authority; and (ii) to provide the industry brigade 10 with such apparatus for the prevention or suppression of fires and the saving of life at fires as is determined by the Authority. (3) A relevant owner must comply with a 15 requirement of the Authority directed to the relevant owner under sub-section (2). (4) A relevant owner may appeal to the Administrative Appeals Tribunal against a requirement under sub-section (2) to form an 20 industry brigade. (5) The Authority, on the request of a relevant owner or owners or on the failure of a relevant owner or owners to comply with sub-section (2), may-- 25 (a) form an industry brigade for the designated area in accordance with the requirements of sub-section (2); and (b) recover the costs of forming, equipping and maintaining that brigade from the 30 relevant owner or owners as a debt due to the Authority. 6 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 8 Act No. (6) The Authority may register an industry brigade and enrol the officers and members of the brigade. (7) The Authority may cancel the registration of 5 an industry brigade if-- (a) the Authority determines that there is no longer a need for the brigade; or (b) the industry brigade fails to comply with the requirements of the Authority 10 under this Act. (8) The Authority may cancel the enrolment of any officer or member of an industry brigade. (9) A relevant owner or group of relevant 15 owners must not disband an industry brigade without the written consent of the Authority. (10) In this section "relevant owner", in relation to a designated area means-- (a) an owner of land in the designated area; 20 or (b) an occupier of land in the designated area; or (c) a forest property owner under a forest property agreement (within the 25 meaning of the Forestry Rights Act 1996) in respect of land in the designated area.'. 8. Municipal fire prevention committees After section 55(b) of the Principal Act insert-- 30 "(c) to advise and make recommendations to the municipal council in the preparation of its municipal fire prevention plan;". 7 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 9 Act No. 9. New sections 55A and 55B inserted After section 55 of the Principal Act insert-- "55A. Municipal fire prevention plans (1) A municipal council must prepare and 5 maintain a municipal fire prevention plan for its municipal district in accordance with the advice and recommendations of the municipal fire prevention committee. (2) A municipal fire prevention plan must 10 contain provisions in accordance with the regulations-- (a) identifying areas, buildings and land use in the municipal district which are at particular risk in case of fire; and 15 (b) specifying how each identified risk is to be treated; and (c) specifying who is to be responsible for treating those risks; and (d) relating to any other matter prescribed 20 for inclusion in the plan. 55B. Audit of municipal fire prevention plan (1) A municipal fire prevention plan must be audited by the Authority during the period commencing 1 January 1998 and ending 31 25 December 1998 and thereafter at least once every 3 years. (2) The audit must assess whether the plan complies with the requirements of this Act and the regulations.". 30 8 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 10 Act No. 10. New Part VA substituted For Part VA of the Principal Act substitute-- 'PART VA--APPEALS Division 1--Country Fire Authority Appeals 5 Commission 74A. Country Fire Authority Appeals Commission There is established a Commission to be called the Country Fire Authority Appeals 10 Commission. 74B. Function of the Commission The function of the Commission is to hear and determine any appeals made to it under Division 2. 15 74C. Membership of Commission (1) The Commission consists of up to 3 Commissioners appointed by the Governor in Council. (2) One of the Commissioners is to be appointed 20 as Senior Commissioner. 74D. Term of appointment (1) Subject to this Act, a Commissioner holds office for the period, not exceeding 3 years, specified in the instrument of his or her 25 appointment. (2) A Commissioner is eligible for reappointment. 9 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 10 Act No. 74E. Remuneration and allowances A Commissioner (other than an officer or employee of the public service) is entitled to receive-- 5 (a) remuneration; and (b) travelling or other allowances-- from time to time fixed by the Governor in Council. 74F. Application of Public Sector Management 10 Act 1992 The Public Sector Management Act 1992 (including Part 9) does not apply to a Commissioner in respect of the office of Commissioner. 15 74G. Vacancies (1) A Commissioner may resign from office by letter signed by the Commissioner and delivered to the Minister. (2) The office of Commissioner becomes vacant 20 if the Commissioner-- (a) becomes bankrupt; or (b) is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 months 25 or more or is elsewhere convicted of an offence which, if committed in Victoria, would be so punishable. (3) The Governor in Council, on the recommendation of the Minister, may 30 remove a Commissioner from office if the Commissioner-- 10 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 10 Act No. (a) becomes incapable of performing his or her duties; or (b) is negligent in the performance of those duties; or 5 (c) engages in improper conduct; or (d) is convicted of an offence. 74H. Annual report of the Commission (1) The Commission must prepare a report in respect of each year ending on 30 June on its 10 own work and activities for that year. (2) The Commission must submit the report to the Minister not later than 30 September in that year. Division 2--Appeals 15 74I. Rights of appeal An officer or employee of the Authority appointed pursuant to section 17 (other than a senior employee) may appeal to the Commission against-- 20 (a) a suspension or removal imposed on him or her under section 17; or (b) a suspension, removal or penalty imposed by the Chairman or the Chief Officer under the regulations; or 25 (c) a transfer of him or her other than a transfer for a period not exceeding 6 months; or (d) the promotion of another officer or employee to a vacant position below 30 that of senior employee, to which he or she is eligible to be promoted and for which he or she has applied. 11 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 10 Act No. 74J. Appeals to be by way of re-hearing An appeal to the Commission under this Act is to be by way of re-hearing. 74K. Proceedings of the Commission 5 (1) An appeal is to be heard by the full Commission or by a Commissioner sitting alone. (2) For the purposes of sub-section (1), the Senior Commissioner is to determine who is 10 to hear the appeal. 74L. Assistants in proceedings (1) The Commission may in each appeal be assisted by a person nominated by the Authority and a person nominated by the 15 appellant. (2) If the Authority or the appellant fails to nominate a person under sub-section (1), the Commission may proceed to hear the appeal without that assistance. 20 (3) A person assisting the Commission under this section is entitled to be present during the whole of the appeal proceedings. (4) A person assisting the Commission under this section must advise the Commission on 25 any matter on which it seeks to be advised but must not adjudicate on the matter before the Commission. 74M. Procedure on appeal (1) A person who has appealed to the 30 Commission under this Division may appear at the appeal or may be represented at the appeal by any person including a legal practitioner. 12 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 10 Act No. (2) If the appellant does not attend in person or by a representative at the time and place fixed for the hearing, the Commission may proceed in his or her absence. 5 (3) At an appeal-- (a) subject to this Act, the procedure of the appeal is at the discretion of the Commission; and (b) the proceedings must be conducted 10 with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and (c) the Commission is not bound by the 15 rules of evidence but may inform itself in any way it sees fit; and (d) the Commission is bound by the rules of natural justice. 74N. Commission powers on appeal 20 Sections 14 to 16 and 21A of the Evidence Act 1958 apply in respect of any appeal to the Commission under this Act as if the Commission were a board appointed by the Governor in Council and as if the 25 Commissioner hearing the appeal had the powers of the chairman of a board appointed by the Governor in Council. 74O. Costs Each party to an appeal must bear-- 30 (a) that party's own costs; and (b) the costs of any nominee of that party appointed to assist the Commission under section 74L. 13 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 10 Act No. 74P. Appeals against transfer (1) An appeal against an order of transfer does not, prior to the determination of the appeal, stay the operation of the order. 5 (2) An appeal against an order of transfer can only be made on the ground of hardship. (3) The Commission must disallow an appeal against an order of transfer if it is of the opinion that the transfer was in the best 10 interests of the efficiency of the Authority. (4) In this section "hardship" means financial or personal hardship caused to the appellant or the appellant's family by a requirement to move to a location distant from the 15 appellant's home. 74Q. Promotion appeals (1) The Commission in determining an appeal against the failure of the Authority to select a person for promotion must have regard to the 20 merit of the person selected for promotion and the appellant. (2) In this section "merit" means-- (a) skills, knowledge, aptitude and experience relevant to the requirements 25 of the position; and (b) special qualifications, fitness (including physical fitness), diligence and good conduct. 74R. Determination of Commission 30 The Commission-- (a) must hear and determine an appeal under this Division; and 14 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 11 Act No. (b) may-- (i) allow the appeal; or (ii) dismiss the appeal; or (iii) dismiss the appeal and vary the 5 penalty or order, as the case may be. 74S. Authority and Chief Officer to give effect to determination The Authority and the Chief Officer must 10 give effect to a determination of the Commission. 74T. Evidence of determination A document purporting to record a determination of the Commission and to be 15 signed by a Commissioner is in all courts of law evidence of the determination and its making.". 11. Regulations (1) After section 110(1)(a) of the Principal Act 20 insert-- "(aa) For determining which positions or classes of positions with the Authority are senior employee positions;". (2) For section 110(1)(ba) of the Principal Act 25 substitute-- "(ba) For regulating appeals to the Country Fire Authority Appeals Commission, including the period and procedure for making an appeal;". 30 (3) In section 110(1)(n) of the Principal Act after "volunteer brigades" (where first occurring) insert "and industry brigades". 15 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 12 Act No. (4) After section 110(1)(n) of the Principal Act insert-- "(na) For specifying the criteria for and the method of designation of areas for the 5 formation of industry brigades; (nb) For specifying the criteria for determining when an industry brigade should be formed; (nc) For providing for the responsibilities and performance of industry brigades and the 10 training and monitoring of industry brigades; (nd) For providing the procedures for the cancellation of an industry brigade and for the responsibilities of relevant owners on that cancellation;". 15 (5) After section 110(1)(za) of the Principal Act insert-- "(zb) For prescribing the matters to be included in a municipal fire prevention plan;". 12. Industry brigades 20 (1) In section 17A of the Principal Act after "brigade" (where first occurring) insert "(other than an industry brigade)". (2) In section 20A(1) of the Principal Act after "brigade" insert "(other than an industry 25 brigade)". (3) After section 20B(2) of the Principal Act insert-- "(3) This section does not apply in relation to an industry brigade.". (4) After section 22(4) of the Principal Act insert-- 30 "(5) This section does not apply in relation to an industry brigade.". 16 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 12 Act No. (5) After section 23A(4) of the Principal Act insert-- "(5) This section does not apply to industry brigades.". (6) After section 42(3) of the Principal Act insert-- 5 "(4) This section does not apply to an industry brigade.". (7) In section 62 of the Principal Act for the definition of "casual fire-fighter" substitute-- ' "casual fire-fighter" means any person 10 (including an enrolled officer or member of an industry brigade but not including an enrolled officer or member of any other brigade) who without remuneration or reward voluntarily engages in fire-fighting at 15 any fire in or outside Victoria with a Victorian brigade or group of brigades (other than an industry brigade)-- (a) at the request of an officer in charge of operations at the fire addressed to that 20 person or to an organisation of which he or she is a member or employee; or (b) with the express or implied approval of an officer in charge of operations at the fire.'. 25 (8) In section 91(1) of the Principal Act after "brigade" insert "(other than an industry brigade)". (9) After section 93B(2) of the Principal Act insert-- "(3) This section does not apply to an industry 30 brigade.". (10) In section 100(1) of the Principal Act after "brigades" (where first occurring) insert "(other than industry brigades)". 17 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 13 Act No. (11) After section 110(4) of the Principal Act insert-- "(5) In paragraphs (ca), (ea), (eb), (ec), (f) and (g) of sub-section (1) "brigade" does not include an industry brigade.". 5 13. New section 111 inserted After section 110 of the Principal Act insert-- "111. Transitional--appeals If-- (a) an appeal had been lodged with the 10 Country Fire Authority Appeal Tribunal under section 74B of this Act as in force before the commencement of section 13 of the Fire Authorities (Amendment) Act 1997; and 15 (b) the appeal had not been heard before that commencement-- the Country Fire Authority Appeals Commission may hear and determine the appeal in accordance with this Act as in 20 force immediately before that commencement and for that purpose has all the powers of the Country Fire Authority Appeal Tribunal. ". 14. Statute law revision 25 In section 94(2) of the Principal Act omit "pursuant to section 41B or". _______________ 18 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 15 Act No. PART 3--AMENDMENT OF THE METROPOLITAN FIRE BRIGADES ACT 1958 15. Principal Act Act No. 6315. In this Part the Metropolitan Fire Brigades Act Reprint No. 6 5 1958 is referred to as the Principal Act. as at 18 January 1996. Further amended by Act No. 59/1996. 16. New section 2 inserted After section 1 of the Principal Act insert-- "2. Purposes The main purposes of this Act are-- 10 (a) to provide for fire safety, fire suppression and fire prevention services and emergency response services in the metropolitan fire district; and 15 (b) to establish a Metropolitan Fire and Emergency Services Board.". 17. Definitions (1) In section 3(1) of the Principal Act for the definition of "Board" substitute-- 20 ' "Board" means the Metropolitan Fire and Emergency Services Board;'. (2) In section 3(1) of the Principal Act omit the definitions of "brigade", "officer" or "employee"', 19 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 18 Act No. "permanent fire brigade" and "volunteer fire brigade". (3) In section 3(1) of the Principal Act for the definition of "chief fire officer" substitute-- 5 ' "Chief Officer" means the Chief Officer of the Metropolitan Fire and Emergency Services;'. (4) In section 3(1) of the Principal Act insert-- ' "emergency" means an emergency due to the actual or imminent occurrence of an event 10 which in any way endangers or threatens to endanger the safety or health of any person or which destroys or damages, or threatens to destroy or damage, any property or endangers or threatens to endanger the 15 environment or an element of the environment, including, without limiting the generality of the foregoing-- (a) an earthquake, flood, wind-storm or other natural event; and 20 (b) a fire; and (c) an explosion; and (d) a road accident or any other accident; "operational staff" means all members of units; "senior operational staff" means all employees 25 of the Board employed in senior positions; "senior position" means a position in a unit designated by the Board as a senior position; "unit" means a fire or emergency service unit established under this Act;'. 30 (5) Section 3(2) of the Principal Act is repealed. 18. Repeal of heading 20 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 Act No. For the heading "Metropolitan Fire Brigades Board" immediately preceding section 6 of the Principal Act substitute "Metropolitan Fire and Emergency Services Board". 5 21 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 19 Act No. 19. New sections 6 to 21 substituted For sections 6 to 21 and the heading "Proceedings of the Board" immediately preceding section 18 of the Principal Act 5 substitute-- "6. Metropolitan Fire and Emergency Services Board (1) There is established a Metropolitan Fire and Emergency Services Board. 10 (2) The Board-- (a) is a body corporate with perpetual succession; and (b) shall have a common seal; and (c) may sue and be sued in its corporate 15 name; and (d) may acquire, hold and dispose of real and personal property for the purpose of performing its functions; and (e) may do and suffer all acts and things 20 that bodies corporate may by law do and suffer and that are necessary or incidental for the performance of its functions. 7. Functions of Board 25 (1) The functions of the Board are-- (a) to provide for fire suppression and fire prevention services in the metropolitan fire district; and (b) to provide for emergency prevention 30 and response services in the metropolitan fire district; and 22 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 19 Act No. (c) to carry out any other functions conferred on the Board by or under this Act or any other Act. (2) The Board has all powers necessary to carry 5 out its functions. (3) The functions of the Board extend to any vessel berthed adjacent to land which by virtue of section 4(2) is part of the metropolitan fire district. 10 8. Accountability of Board (1) The Board is subject to the general direction and control of the Minister in the performance of its functions and the exercise of its powers. 15 (2) The Minister may from time to time give written directions to the Board. 9. Constitution of the Board (1) The Board consists of up to 7 members appointed by the Governor in Council. 20 (2) One of the members is to be appointed as President of the Board. 10. Term of appointment (1) Subject to this Act, a member of the Board holds office for the period, not exceeding 3 25 years, specified in the instrument of his or her appointment. (2) A member of the Board is eligible for reappointment. (3) The instrument of appointment may specify 30 terms and conditions of appointment not inconsistent with this Act or the regulations. (4) A member of the Board may be removed from office by the Governor in Council. 23 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 19 Act No. 11. Remuneration and allowances (1) A member of the Board (other than an officer or employee of the public service) is entitled to receive-- 5 (a) remuneration; and (b) travelling or other allowances-- from time to time fixed by the Governor in Council. (2) If a member of the Board is a member of the 10 Legislative Council or the Legislative Assembly, the member is not entitled to the payment of any remuneration or allowances under this Act. 12. Application of Public Sector Management 15 Act The Public Sector Management Act 1992 (including Part 9) does not apply to a member of the Board in respect of the office of member. 20 13. Vacancies (1) A member of the Board may resign from membership by letter signed by the member and delivered to the Minister. (2) The office of a member of the Board 25 becomes vacant if the member-- (a) without the approval of the Board, fails to attend 3 consecutive meetings of the Board; or (b) becomes bankrupt; or 30 (c) is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an 24 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 19 Act No. offence which, if committed in Victoria, would be so punishable. 14. Acting members (1) If a member of the Board is unable to 5 perform the duties of his or her office, the Governor in Council may appoint a person to act in the place of the member during the period of inability. (2) An acting appointment is to be for any term 10 and on any conditions determined by the Governor in Council. (3) The Governor in Council may at any time terminate an acting appointment. (4) An acting member has all the powers and 15 functions and may perform the duties of the member for whom he or she is acting. (5) An acting member is entitled to receive any remuneration or travelling or other allowances fixed from time to time by the 20 Governor in Council in respect of that acting member. 15. Membership of Board not office or place of profit A member of the Board must not, in respect 25 of the office of member, be taken to hold an office or place of profit under the Crown which would-- (a) prevent the member sitting or voting as a member of the Legislative Council or 30 the Legislative Assembly; (b) make void the member's election to the Legislative Council or the Legislative Assembly; 25 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 19 Act No. (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; (d) subject the member to liability to a 5 penalty under the Constitution Act 1975. 16. Decisions not affected by certain matters An act or decision of the Board is not invalid only because-- 10 (a) of a defect or irregularity in the appointment of a member or acting member; or (b) of a vacancy in its membership; or (c) the occasion for the appointment of an 15 acting member has ceased to exist. 17. Immunity of members of Board (1) A member of the Board is not personally liable for anything done or omitted to be done in good faith-- 20 (a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or (b) in the reasonable belief that the act or omission was in the 25 exercise of a power or the discharge of a duty under this Act or the regulations. (2) Any liability resulting from an act or omission that would but for sub-section 30 (1) attach to a member of the Board attaches instead to the Board. 18. Meetings of the Board 26 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 19 Act No. (1) Meetings of the Board shall be held at the times and places determined by the Board. (2) The President must preside at any meeting of the Board at which the President is present. 5 (3) If the President is not present at a meeting, the members present may elect one of their number to preside at the meeting. (4) Four members of the Board constitute a quorum for meetings of the Board. 10 (5) The functions of the Board may be performed at a meeting at which there is a quorum. (6) At a meeting a decision of the Board is the decision of the majority of members present 15 and voting at the meeting and, if voting is equal, the person presiding at the meeting has a casting vote as well as a deliberative vote. (7) The Board must ensure that minutes are kept 20 of each meeting. (8) Subject to this Act, the Board may regulate its own proceedings. 19. Participation in meetings by telephone etc. (1) The Board may permit its members to 25 participate in a particular meeting, or all meetings, by-- (a) telephone; or (b) closed-circuit television; or (c) any other means of communication. 30 (2) A member who participates in a meeting under a permission under sub-section (1) is deemed to be present at the meeting. 27 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 19 Act No. 20. Resolutions without meetings (1) If-- (a) the Board has taken reasonable steps to give notice to each member setting out 5 the terms of a proposed resolution; and (b) at least 4 members of the Board sign a document containing a statement that they are in favour of the resolution in the terms set out in the document-- 10 a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day 15 on which the last of those members signs the document. (2) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is 20 signed by one or more members, are deemed to constitute one document. (3) If a resolution is deemed by this section to have been passed at a meeting of the Board, each member must as soon as practicable be 25 advised of the matter and given a copy of the resolution. (4) The members referred to in sub-section (1)(b) must not include a member who, because of section 21, is not entitled to vote 30 on the resolution. 21. Conflicts of interest (1) Whenever the Board is to make a decision on a matter at a meeting, each member present at the meeting must, before the matter is 28 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 19 Act No. considered, declare any direct or indirect pecuniary interest that he or she has in the matter. Penalty: 5 penalty units. 5 (2) The Board or the President must cause the declaration to be tabled at that meeting or at the next meeting of the Board and the person presiding at that meeting must cause the declaration to be recorded in the minutes of 10 the meeting. (3) A member who has a conflict of interest in a matter-- (a) must not be present during any deliberations on the matter, unless a full 15 declaration of the interest has been made and the Board directs otherwise; and (b) is not entitled to vote on the matter. (4) A member who has a conflict of interest in a 20 matter must not be present during any deliberations leading to a direction, or take part in making a direction under sub-section (3)(a). (5) If a member votes on a matter in 25 contravention of sub-section (3)(b), his or her vote must be disallowed. (6) For the purposes of the section, a member is not to be regarded as having a conflict of interest-- 30 (a) in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or 29 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 20 Act No. (b) in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial 5 interest that does not exceed $2000 or 1% of the total nominal value of beneficial interests in the company or body, whichever is the lesser.". 20. Sections 22 and 23 repealed 10 Sections 22 and 23 of the Principal Act are repealed. 21. Power to acquire land For section 24A(2)(b) of the Principal Act substitute-- 15 "(b) the Metropolitan Fire and Emergency Services Board is the Authority.". 22. Power of delegation For section 24B of the Principal Act substitute-- "24B. Power of delegation 20 The Board may, by instrument under its common seal, delegate to any employee or class of employees of the Board any responsibility, power, authority, duty or function of the Board under this Act or the 25 regulations or under any other Act or regulations, other than this power of delegation.". 23. Section 25 repealed Section 25 of the Principal Act is repealed. 30 24. General powers of Board (1) For section 25A(4) of the Principal Act substitute-- 30 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 25 Act No. "(4) Sub-section (3)(a) does not apply to an agreement for the provision of goods or services by the Board to a unit or group of units or to a person acting on behalf of a unit 5 or group of units. (4A) The Board, with the written consent of the Minister, may-- (a) enter into any agreement or arrangement with any person or body to 10 provide consultancy services in emergency protection and response in any place outside Victoria; and (b) make any charge it thinks fit for those services.". 15 (2) In section 25A(5) of the Principal Act after "or (b)" insert "or (4A)". 25. New section 25B inserted After section 25A of the Principal Act insert-- "25B. Employees of Board 20 (1) The Board may from time to time-- (a) employ any persons that it considers necessary to assist it in carrying out its functions under this Act or any other Act; and 25 (b) transfer, promote, suspend or remove any employee. (2) Every appointment or promotion of a member of the operational staff is to be on 3 months' probation.". 30 31 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 26 Act No. 26. New section 26 substituted For section 26 of the Principal Act substitute-- "26. Formation of units (1) The Board may at any time and from time to 5 time establish fire or emergency services units to assist it in carrying out its functions. (2) A unit may consist of-- (a) persons employed by the Board; or (b) persons engaged under any contract or 10 arrangement entered into by the Board; or (c) both. (3) A member of a unit is subject to the direction and control of the Chief Officer.". 15 27. New heading substituted For the heading "Officers and Members of Brigades" appearing before section 28 of the Principal Act substitute "Chief Executive Officer and Chief Officer". 20 28. New sections 28, 29, 30 and 31 substituted For sections 28, 29, 30 and 31 of the Principal Act substitute-- "28. Chief Executive Officer (1) The Board must, with the approval of the 25 Minister, appoint a person as Chief Executive Officer of the Board. (2) The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment. 30 32 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 28 Act No. (3) The Chief Executive Officer is responsible to the Board for the carrying out of its functions. (4) The Chief Executive Officer must comply 5 with the directions of the Board. 29. Acting Chief Executive Officer (1) The Board must appoint a person to be the Acting Chief Executive Officer of the Board-- 10 (a) while the office of Chief Executive Officer is vacant; or (b) during any period when the Chief Executive Officer is unable, by reason of illness or absence, to perform the 15 functions of that office. (2) The Acting Chief Executive Officer has all the powers and functions and may perform the duties of the Chief Executive Officer while he or she is acting, including any 20 power, function or duty as Chief Officer. 30. Delegation of powers of Chief Executive Officer The Chief Executive Officer may, by instrument, delegate to any person by name 25 or to the holder of an office or position approved by the Board, any responsibility, power, authority, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of 30 delegation. 33 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 29 Act No. 31. Chief Officer (1) There is to be an officer to be called the Chief Officer of the Metropolitan Fire and Emergency Services. 5 (2) The person for the time being holding the office of Chief Executive Officer of the Board is to be the Chief Officer of the Metropolitan Fire and Emergency Services.". 29. Action on alarm of fire 10 (1) For section 32B(1) and (2) of the Principal Act substitute-- "(1) For the purposes of this section, the Chief Officer is responsible for the control and direction of all members of units in the 15 metropolitan district. (2) On an alarm of fire being received by a unit, those members of the unit specified by the Chief Officer must, with the appliances and equipment specified by the Chief Officer, 20 proceed with all practical speed to the scene of the alarm of fire.". (2) In section 32B(3) of the Principal Act-- (a) for "senior fire-fighting officer" substitute "senior member of the operational staff"; 25 (b) for paragraph (b) substitute-- "(b) shall have the control and direction of any unit present and of all persons assisting any unit or units at the scene;"; 30 (c) in paragraph (d) for "brigade or brigades" substitute "unit or units". 34 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 30 Act No. (3) In section 32B(5) of the Principal Act for "senior fire-fighting officer" substitute "senior member of the operational staff". (4) For section 32B(6) of the Principal Act 5 substitute-- '(6) In this section, "senior member of the operational staff", in relation to the scene of an alarm of fire, means the person determined in accordance with the directions 10 of Chief Officer to be the senior member of the operational staff at the scene.'. 30. Destruction etc. of building by Chief Officer For section 32C(1) of the Principal Act substitute-- 15 "(1) If a fire has been recently extinguished, the Chief Officer may cause any building or structure-- (a) which has been damaged by the fire; and 20 (b) which the Chief Officer reasonably believes is or may become dangerous to life or property because of that damage-- to be shored up, pulled down or otherwise 25 destroyed or removed. (1A) For the purposes of sub-section (1), the Chief Officer may do or cause to be done anything which the senior member of the operational staff at the scene of an alarm of fire may do 30 or cause to be done under section 32B(3)(c).". 35 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 31 Act No. 31. False alarm of fire In section 32D(1) of the Principal Act-- (a) in paragraphs (a) and (b) for "brigade" substitute "unit"; 5 (b) in paragraph (b) for "an officer" substitute "a member of the operational staff". 32. Repeal of heading and section 33A (1) The heading "Payment of Wages and Salaries" immediately before section 33A of the Principal 10 Act is repealed. (2) Section 33A of the Principal Act is repealed. 33. Regulations (1) In section 34(1) of the Principal Act-- (a) paragraphs (a), (ca), (e), (f), (g), (l), (m), (p), 15 (q), (r) and (w) are repealed; (b) for paragraphs (b) and (c) substitute-- "(b) For the appointment, promotion, probation, transfer, suspension and removal of employees of the Board; 20 (ba) For the examination of employees of the Board and members of units; (c) For regulating the duties and conduct of employees of the Board and members of units;"; 25 (c) in paragraph (i) omit "and companies or divisions of brigades"; (d) for paragraph (k) substitute-- "(k) For the establishment and registration of fire or emergency service units;"; 30 (e) in paragraph (oa) for "other services rendered by officers of the Board" substitute 36 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 34 Act No. "any other services whatever rendered by the Board (whether within or outside Victoria)"; (f) in paragraph (pa) after "prescribing" insert "the insignia and"; 5 (g) for paragraph (x) substitute-- "(x) For appeals to the Metropolitan Fire and Emergency Services Appeals Commission, including the period and procedure for making an appeal; 10 (xa) For hearings under section 78C;". (2) In section 34(3) of the Principal Act for "section 6(2) of the Subordinate Legislation Act 1962" substitute "section 23 of the Subordinate Legislation Act 1994". 15 34. Repeal of section 35 Section 35 of the Principal Act is repealed. 35. New section 52 substituted For section 52 of the Principal Act substitute-- "52. Units to be registered 20 All units-- (a) must conform to the laws affecting units; and (b) must be registered in the manner and subject to the conditions prescribed by 25 the regulations; and (c) are subject to inspection by any employee of the Board who is authorised by the Board to carry out inspections.". 30 37 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 36 Act No. 36. Section 53 repealed Section 53 of the Principal Act is repealed. 37. New sections 54 and 54A substituted For sections 54 and 54A of the Principal Act 5 substitute-- "54. Damage done to be within policy Any damage to property caused by the Chief Officer or by any member of any unit or by any unit in the lawful execution of any 10 power conferred by this Act is deemed to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged despite any clause or condition to the contrary in that policy. 15 54A. Immunity from certain liabilities The Chief Officer and any member of a unit are not personally liable for anything done or omitted to be done in good faith-- (a) in the exercise of a power or the 20 discharge of a duty under section 32B, 32C, 55, 55A, 55B, 55C, 55D or 55E; or (b) in the reasonable belief that the act or omission was in the exercise of a power 25 or the discharge of a duty under that section.". 38. New section 55D substituted For section 55D of the Principal Act substitute-- "55D. Board may provide emergency prevention 30 and response service Without limiting any other power of the Board under this Act, the Board may provide 38 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 39 Act No. emergency prevention and response services within the metropolitan fire district.". 39. Activities outside metropolitan fire district (1) In section 55E(1) and (2) of the Principal Act for 5 "brigade" (wherever occurring) substitute "unit". (2) After section 55E(2) of the Principal Act insert-- "(3) If the Minister directs the Board to provide an emergency prevention or response service at a place outside the metropolitan fire 10 district (whether within Victoria or not), the Board may attend at that place and, subject to the direction and control of the person having authority in that place, may provide that service in that place.". 15 40. New section 56 substituted For section 56 of the Principal Act substitute-- "56. Extension and application of Act For the purposes of carrying out any function under section 55, 55A, 55B, 55C, 55D or 20 55E, the Board has all the powers (with any necessary modification or extension) which the Chief Officer has in relation to the prevention and suppression of fire or the protection of life and property in case of 25 fire.". 41. Section 57 repealed Section 57 of the Principal Act is repealed. 42. Removal of persons from burning premises (1) For section 58(1) of the Principal Act 30 substitute-- "(1) A member of a unit or a member of the police force may order any person who is not a member of a unit or who is not acting 39 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 43 Act No. under the control or direction of a member of a unit to withdraw from any premises then burning or which are threatened by fire. (1A) A person must comply immediately with an 5 order given to the person under sub-section (1).". (2) In section 58(2) of the Principal Act for "officer" substitute "member". 43. Rights to water 10 In section 59 of the Principal Act for "its officers and servants and any brigade" substitute ", its operational staff and any unit". 44. New section 61 substituted For section 61 of the Principal Act substitute-- 15 '61. Police to aid units (1) Every member of the police force present at any fire must support and assist the senior member of the operational staff at the scene-- 20 (a) in the maintenance of the senior member's authority; and (b) in enforcing compliance by all persons with any order given by the senior member in the execution of his or her 25 duty. (2) All members of the police force are authorised and required to aid units in the execution of their duties. 40 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 45 Act No. (3) For the purpose of sub-section (2), members of the police force may-- (a) close any street in or near which a fire is burning; and 5 (b) of their own volition or at the request of the senior member of the operational staff at the scene, remove any persons who interfere by their presence or otherwise with the operations of the 10 unit. (4) In this section "senior member of the operational staff" has the same meaning as it has in section 32B.'. 45. Section 62 repealed 15 Section 62 of the Principal Act is repealed. 46. Owner to give information In section 70(1) of the Principal Act-- (a) for "Chief Fire Officer or any other officer" substitute "Chief Officer or any employee"; 20 and (b) for "or officer" substitute ", officer or employee". 47. Fire prevention work For section 72(3) of the Principal Act 25 substitute-- '(3) Subject to the general direction and control of the Chief Officer, the members of any unit, with the consent of the relevant owner, occupier, Minister, council or authority, may 30 carry out any work (including burning) that the senior member of the operational staff in 41 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 48 Act No. the unit thinks necessary or expedient for the prevention of the occurrence or spread of fire. (4) In this section "senior member of the 5 operational staff" has the same meaning as it has in section 32B.'. 48. Offences relating to impersonation For section 75A(c) of the Principal Act substitute-- 10 "(c) impersonate a member of a unit; or". 49. Recovery and application of penalties (1) For section 77(1)(b) of the Principal Act substitute-- "(b) if the fire prevention notice was served by 15 the Chief Officer or by any person authorised by the Board.". (2) In section 77(2) of the Principal Act omit "any officer of, or". (3) In section 77(3)(b) of the Principal Act for "Chief 20 Fire Officer" substitute "Chief Officer". 50. Section 78 repealed Section 78 of the Principal Act is repealed. 51. Offences by members of the operational staff In section 78A of the Principal Act for "An officer 25 or member of a brigade" substitute "A member of the operational staff". 52. New sections 78B substituted and sections 78C, 78D and 78E inserted For section 78B of the Principal Act substitute-- 30 42 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 52 Act No. "78B. Laying of charges (1) A member of the senior operational staff may, after an investigation, lay a charge for an offence under section 78A. 5 (2) The Chief Executive Officer may suspend from duty with pay any person charged under sub-section (1) until the charge is dealt with under section 78D. 78C. Hearing of charges 10 (1) The Chief Executive Officer must hear a charge laid under section 78B. (2) A member of the operational staff and any other party to the hearing is entitled to be represented at the hearing of the charge by a 15 legal practitioner or other person. (3) The representative of a party may examine witnesses and address the Chief Executive Officer on behalf of the party. (4) If the member of the operational staff does 20 not attend in person or by a representative at the time and place fixed for the hearing, the Chief Executive Officer may proceed in his or her absence. 78D. Decision of Chief Executive Officer 25 (1) If, after hearing the charge, the Chief Executive Officer is satisfied that the offence was committed, he or she may do any one or more of the following-- (a) reprimand the member concerned; or 30 (b) reduce the position of the member concerned for such period as the Chief Executive Officer thinks fit; or 43 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s.52 Act No. (c) impose a fine of not more than 40 penalty units; or (d) suspend the member from duty with or without pay for a period not exceeding 5 6 months; or (e) dismiss the member concerned. (2) If a fine is imposed under this section, the amount of the fine may be deducted from the pay of the member fined but not more than 10 of a penalty unit may be deducted from the pay attributable to any one week. 78E. Pay while suspended (1) A member of the operational staff who has been suspended from duty without pay under 15 section 78D may engage in paid employment during the term of the suspension. (2) All pay which accrues to a member during any period of suspension without pay must be withheld. 20 (3) If the Appeals Commission upholds an appeal by the member in respect of the charge for which he or she has been suspended, all pay withheld under sub- section (2) must be immediately paid to the 25 member, less any earnings received by the member during the period of suspension. (4) If an appeal by the member is not upheld by the Appeals Commission in respect of the charge for which he or she has been 30 suspended or no appeal is lodged within the prescribed time, all pay withheld under sub- section (2) is forfeited unless the Appeals Commission orders otherwise.". 44 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 53 Act No. 53. New heading substituted For the heading "Appeal Tribunal" immediately before section 79 of the Principal Act substitute "Metropolitan Fire and Emergency Services 5 Appeals Commission". 54. New section 79 substituted and sections 79A to 79S inserted For section 79 of the Principal Act substitute-- '79. Metropolitan Fire and Emergency Services 10 Appeals Commission There is established a Commission to be called the Metropolitan Fire and Emergency Services Appeals Commission. 79A. Function of the Commission 15 The function of the Commission is to hear and determine any appeal made to it under this Act. 79B. Membership of Commission (1) The Commission consists of up to 3 20 Commissioners appointed by the Governor in Council. (2) One of the Commissioners is to be appointed as Senior Commissioner. 79C. Term of appointment 25 (1) Subject to this Act, a Commissioner holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment. (2) A Commissioner is eligible for 30 reappointment. 45 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 54 Act No. 79D. Remuneration and allowances A Commissioner (other than an officer or employee of the public service) is entitled to receive-- 5 (a) remuneration; and (b) travelling or other allowances-- from time to time fixed by the Governor in Council. 79E. Application of Public Sector Management 10 Act 1992 The Public Sector Management Act 1992 (including Part 9) does not apply to a Commissioner in respect of the office of Commissioner. 15 79F. Vacancies (1) A Commissioner may resign from office by letter signed by the Commissioner and delivered to the Minister. (2) The office of Commissioner becomes vacant 20 if the Commissioner-- (a) becomes bankrupt; or (b) is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 months 25 or more or is elsewhere convicted of an offence which, if committed in Victoria, would be so punishable. (3) The Governor in Council, on the recommendation of the Minister, may 30 remove a Commissioner from office if the Commissioner-- 46 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 54 Act No. (a) becomes incapable of performing his or her duties; or (b) is negligent in the performance of those duties; or 5 (c) engages in improper conduct; or (d) is convicted of an offence. 79G. Annual report of the Commission (1) The Commission must prepare a report in respect of each year ending on 30 June on its 10 own work and activities for that year. (2) The Commission must submit the report to the Minister not later than 30 September in that year. Appeals 15 79H. Rights of appeal A member of the operational staff may appeal to the Commission against-- (a) a decision of the Chief Executive Officer under section 78D in relation to 20 the member; (b) an order of transfer of the member, other than an order of transfer for a period not exceeding 8 weeks; (c) the failure of the Board to select the 25 member (not being a member of the senior operational staff) for promotion to a vacant position for which he or she has applied. 79I. Certain appeals to be by way of rehearing 30 An appeal to the Commission under section 79H(a) or (c) is to be by way of re-hearing. 47 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 54 Act No. 79J. Proceedings of the Commission (1) An appeal is to be heard by the full Commission or a Commissioner sitting alone. 5 (2) For the purposes of sub-section (1), the Senior Commissioner is to determine who is to hear the appeal. 79K. Assistants in proceedings (1) The Commission may in each appeal be 10 assisted by a person nominated by the Board or the Chief Executive Officer and a person nominated by the appellant. (2) If the Board or the Chief Executive Officer (as the case requires) or the appellant fails to 15 nominate a person under sub-section (1), the Commission may proceed to hear the appeal without that assistance. (3) A person assisting the Commission under this section is entitled to be present during 20 the whole of the appeal proceedings. (4) A person assisting the Commission under this section must advise the Commission on any matter on which it seeks to be advised but must not adjudicate on the matter before 25 the Commission. 79L. Procedure on appeal (1) A member of the operational staff who has appealed to the Commission or any other party to the appeal may appear at the appeal 30 or may be represented at the appeal by any person including a legal practitioner. (2) If a member who is the subject of an appeal does not attend in person or by a 48 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 54 Act No. representative at the time and place fixed for the hearing, the Commission may proceed in his or her absence. (3) At an appeal-- 5 (a) subject to this Act, the procedure of the appeal is at the discretion of the Commission; and (b) the proceedings must be conducted with as little formality and technicality 10 as the requirements of this Act and the proper consideration of the matter permit; and (c) the Commission is not bound by the rules of evidence but may inform itself 15 in any way it sees fit; and (d) the Commission is bound by the rules of natural justice. 79M. Commission powers on appeal Sections 14 to 16 and 21A of the Evidence 20 Act 1958 apply in respect of any appeal to the Commission under this Act as if the Commission were a board appointed by the Governor in Council and as if the Senior Commissioner or the Commissioner hearing 25 the appeal had the powers of the chairman of a board appointed by the Governor in Council. 79N. Costs Each party to an appeal must bear-- 30 (a) that party's own costs; and (b) the costs of any nominee of that party appointed to assist the Commission under section 79K. 49 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 54 Act No. 79O. Appeals against transfer (1) An appeal against an order of transfer may only be brought on the ground that the process used by the Board in determining the 5 transfer was not procedurally fair. (2) An appeal against an order of transfer does not, prior to the determination of the appeal, stay the operation of the order. (3) The Commission must disallow an appeal 10 against an order of transfer if it is of the opinion that the transfer was in the best interests of the efficiency of the Metropolitan Fire and Emergency Service. 79P. Promotion appeals 15 (1) The Commission in determining an appeal against the failure of the Board to select a member of the operational staff for promotion must have regard to the merit of the person selected for promotion and the 20 appellant. (2) The Commission must disallow an appeal against the failure of the Board to select a member of the operational staff for promotion if it is of the opinion that this was 25 in the best interests of the efficiency of the Metropolitan Fire and Emergency Service. (3) In this section "merit" means-- (a) skills, knowledge, aptitude and experience relevant to the requirements 30 of the position; and (b) special qualifications, fitness (including physical fitness), diligence and good conduct; and 50 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 55 Act No. (c) the performance of the person selected and the appellant in previous appointments. 79Q. Determination of Commission 5 The Commission-- (a) must hear and determine an appeal under this Act; and (b) may-- (i) allow the appeal; or 10 (ii) dismiss the appeal; or (iii) in the case of an appeal under section 79H(a) or (c), dismiss the appeal and vary the decision. 79R. Board and Chief Executive Officer 15 The Board and the Chief Executive Officer must give effect to a determination of the Commission. 79S. Evidence of determination A document purporting to record a 20 determination of the Commission and to be signed by a Commissioner is in all courts of law evidence of the determination and its making.'. 55. Repeal of sections 81(5), 81(6), 83, 85 and 86 25 Sections 81(5), 81(6), 83, 85 and 86 of the Principal Act are repealed. 56. References to Chief Fire Officer In sections 31A(1), 32, 71, 88, 90, 92 and 93 of the Principal Act for "Chief Fire Officer" 30 (wherever occurring) substitute "Chief Officer". 51 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 57 Act No. 57. References to officers (1) In sections 80, 81, 81A, 83 or 84 of the Principal Act omit "officer or" (wherever occurring). (2) In section 82 of the Principal Act omit "officers 5 and". (3) Section 80(2) of the Principal Act is repealed. 58. References to brigades (1) In section 44(1) of the Principal Act for "fire brigade" substitute "unit". 10 (2) In section 60(1) and (2) of the Principal Act for "brigade" substitute "unit". (3) In section 76 of the Principal Act omit "brigade and every". 59. Statute law revision 15 In section 40A of the Principal Act for "provisonal" substitute "provisional". 60. New sections 94 to 98 inserted After section 93 of the Principal Act insert-- "94. Supreme Court--limitation of jurisdiction 20 It is the intention of section 54A to alter or vary section 85 of the Constitution Act 1975. Transitional Provisions 95. Superseded references 25 On the commencement of section 60 of the Fire Authorities (Amendment) Act 1997, in any Act (other than this Act), or in any instrument made under any Act or in any other document of any kind-- 52 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 60 Act No. (a) a reference to the Metropolitan Fire Brigades Board is deemed to be a reference to the Metropolitan Fire and Emergency Services Board; and 5 (b) a reference to the Chief Fire Officer in relation to the Metropolitan Fire Brigades is deemed to be a reference to the Chief Officer of the Metropolitan Fire and Emergency Services; and 10 (c) a reference to the Metropolitan Fire Brigades is deemed to be a reference to the Metropolitan Fire and Emergency Services; and (d) a reference to a brigade or fire brigade 15 in relation to the Metropolitan Fire Brigades is deemed to be a reference to a fire or emergency service unit under this Act; and (e) a reference to the Metropolitan Fire 20 Brigades Appeal Tribunal is deemed to be a reference to the Metropolitan Fire and Emergency Services Appeals Commission. 96. Metropolitan Fire Brigades Board 25 On the commencement of section 60 of the Fire Authorities (Amendment) Act 1997-- (a) the Metropolitan Fire Brigades Board is abolished and its members go out of office; and 30 (b) the Metropolitan Fire and Emergency Services Board is the successor in law of the Metropolitan Fire Brigades Board; and (c) all rights, assets, liabilities and 35 obligations of the Metropolitan Fire 53 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 60 Act No. Brigades Board immediately before its abolition become rights, assets, liabilities and obligations of the Metropolitan Fire and Emergency 5 Services Board; and (d) the Metropolitan Fire and Emergency Services Board is substituted for the Metropolitan Fire Brigades Board as a party in any proceedings, contract, 10 agreement or arrangement commenced or made by or against or in relation to the Metropolitan Fire Brigades Board; and (e) the Metropolitan Fire and Emergency 15 Services Board may continue and complete any other continuing matter or thing commenced by or against or in relation to the Metropolitan Fire Brigades Board. 20 97. Chief Fire Officer Any act matter or thing of a continuing nature commenced under this Act as in force before the commencement of section 60 of the Fire Authorities (Amendment) Act 25 1997 by the Chief Fire Officer may be continued and completed on and after that commencement by the Chief Officer. 98. Transitional--appeals If-- 30 (a) an appeal had been lodged with the Metropolitan Fire Brigades Appeal Tribunal under this Act as in force 54 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 s. 60 Act No. before the commencement of section 60 of the Fire Authorities (Amendment) Act 1997; and (b) the appeal had not been heard before 5 that commencement-- the Metropolitan Fire and Emergency Services Appeals Commission may hear and determine the appeal in accordance with this Act as in force immediately before that 10 commencement and for that purpose has all the powers of the Metropolitan Fire Brigades Appeal Tribunal.". 55 531179B.I1-1/4/97

 


 

Fire Authorities (Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 56 531179B.I1-1/4/97

 


 

 


[Index] [Search] [Download] [Related Items] [Help]