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PARLIAMENT OF VICTORIA
Firefighters' Presumptive Rights Compensation
and Fire Services Legislation Amendment (Reform)
Bill 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Introductory 1
1 Purpose 1
2 Commencement 3
3 Principal Act for the purposes of Parts 3 to 7 3
Part 2--Firefighters' Presumptive Rights Compensation 4
Division 1--Preliminary 4
4 Definitions 4
5 Construction of Act 5
Division 2--Operation of presumption in relation to career
firefighters 5
6 Rebuttable presumption as to cause of certain diseases in
relation to career firefighters 5
7 Determination of the qualifying period 6
8 Determination as to whether a firefighter is a career firefighter
for the purposes of this Division 7
Division 3--Operation of presumption in relation to volunteer
firefighters 7
9 Rebuttable presumption as to cause of certain diseases in
relation to volunteer firefighters 7
10 Determination of the qualifying period 8
11 Determination of whether a firefighter is a volunteer
firefighter for the purposes of this Division 9
12 Determination of whether section 9 requirement is met 9
Division 4--Operation of presumption because of special
consideration 10
13 Special consideration 10
14 What is an exceptional exposure event? 11
15 Application for special consideration 11
16 Determination of application for special consideration 12
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Division 5--General 13
17 Claim for injury occurring on or after 1 June 2016 13
18 Compensation for certain diseases due to firefighting by
volunteer firefighters 13
19 Compensation under the Workplace Injury Rehabilitation and
Compensation Act 2013 and the Country Fire Authority
Regulations 2014 16
20 Establishment of advisory committee 17
21 Payments 18
22 Regulations 18
Part 3--Amendments relating to the establishment of Fire Rescue
Victoria 20
23 Metropolitan Fire Brigades Act 1958 renamed 20
24 Purposes 20
25 Definitions 20
26 Metropolitan Fire and Emergency Services Board 21
27 Functions of Board 22
28 New section 7C inserted 22
29 Accountability of Board 23
30 Constitution of the Board 25
31 Repeal of sections 10, 11 and 11A 33
32 Application of Public Administration Act 2004 33
33 Repeal of sections 13, 14 and 15 33
34 Decisions not affected by certain matters 33
35 Immunity of members of Board 34
36 Repeal of sections 18, 19 and 20 34
37 Decisions not affected by certain matters 34
38 Employees of Board 35
39 Repeal of sections 28, 29, 30 and 31 36
40 New sections 33A to 33G inserted 36
41 Definitions 40
Part 4--Amendments relating to the Fire Rescue Victoria fire
district 41
42 Definitions 41
43 Metropolitan fire district 42
44 New sections inserted 42
45 New Schedule 2 50
Part 5--Amendments relating to volunteer brigades located in the
Fire Rescue Victoria fire district 51
46 Objective 51
47 Recognition of Authority as a volunteer-based organisation 51
48 New section inserted 51
49 Immunity for officers etc. 53
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50 Immunity provision 53
51 Delegation 53
52 Regulations 54
Part 6--Transitional provisions 55
53 New sections inserted 55
54 New Schedule 3 inserted 74
Part 7--Consequential amendments of the Metropolitan Fire
Brigades Act 1958 84
55 Purposes 84
56 Duties and powers of councils and public authorities in
relation to fire 84
57 Municipal fire prevention officers and assistants 84
58 Functions of Board 84
59 Duty to assist in major emergency 85
60 Objective 85
61 Emergency Management Victoria 85
62 Compliance with operational standards of Emergency
Management Commissioner 85
63 Report on compliance with operational standards developed
by the Emergency Management Commissioner 85
64 Strategic Action Plan 85
65 Compliance with incident management operating procedures 86
66 Power to purchase and sell property 86
67 Power to acquire land 86
68 Power of delegation 86
69 General powers of Board 86
70 Formation of units 87
71 Copies of annual report and special report 87
72 Delegation of powers by Chief Officer 88
73 Powers of Chief Officer 88
74 Duty to warn the community 88
75 Action on alarm of fire 88
76 Destruction of building by Chief Officer 89
77 False alarm of fire 89
78 False report of fire 89
79 Power to make regulations 89
80 Annual estimate of expenditure and revenue 90
81 Contributions towards annual expenditure 90
82 Borrowing by Board 90
83 Power of Minister in case of default of Board 90
84 Guarantee of debentures etc. of Board 90
85 Board may establish funds 91
86 Investment by Board 91
87 Units to be registered 91
88 Damage to be covered by fire insurance 91
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89 Immunity from certain liabilities 91
90 Board is a protection agency 91
91 Board may provide rescue and extrication services 91
92 Board may provide road accident rescue service 91
93 Board may provide protection services 92
94 Board may provide emergency prevention and response
service 92
95 Activities outside metropolitan district 92
96 Extension and application of Act 92
97 Rights to water 93
98 Collection of contributions for units 93
99 Regulation of height of buildings 93
100 Recovery of charges for services 93
101 Place where fire occurs 93
102 Board or unit may carry out fire prevention work 94
103 Interstate fire brigades and international fire brigades 94
104 Documents signed by President or Deputy President to be
evidence 95
105 Offences relating to impersonation 96
106 Damage or interference with fire indicator panel or other
apparatus 96
107 Obstruction of fire officers and damage to apparatus 96
108 Recovery and application of penalties 96
109 Alarm monitoring service to provide prescribed information 96
110 Laying of charges 97
111 Hearing of charges 97
112 Decision of Chief Executive Officer 97
113 Rights of appeal 97
114 Assistants in proceedings 97
115 Appeals against transfer 97
116 Promotion appeals 97
117 Board and Chief Executive Officer 98
118 Definition 98
119 Entitlement to long service leave 98
120 Payment in lieu of long service leave 98
121 Leave not to affect Board's activities 98
122 Provision in case of death before or during long service leave 98
123 Fire prevention notices 98
124 Service of notices 99
125 Appeal against notices 99
126 Fire prevention infringement notices 99
127 Issue of notices by Chief Officer 99
128 Consequential amendments--headings 99
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Part 8--Consequential amendments of other Acts 102
Division 1--Amendment of Borrowing and Investment Powers Act
1987 102
129 Schedule 1 102
Division 2--Amendment of Building Act 1993 102
130 Definitions 102
131 Guidelines 102
132 Membership and procedure 103
133 General regulation-making powers 103
Division 3--Amendment of Coroners Act 2008 103
134 Definitions 103
135 Fire authority request for fire investigation 103
136 Fire authority to assist 103
Division 4--Amendment of Country Fire Authority Act 1958 104
137 Definitions 104
138 Long service leave of officers etc. 104
139 Duty to assist in major emergency 104
140 Determination of sole responsibility for fire suppression in
certain areas 105
141 Determination of sole responsibility for fire prevention in
certain areas 105
142 Provisions about total fire bans 105
143 Definitions 106
Division 5--Amendment of Dangerous Goods Act 1985 106
144 Definitions 106
145 Delegations 106
146 Authority to send the information to relevant fire authority 106
Division 6--Amendment of Delivering Victorian Infrastructure
(Port of Melbourne Lease Transaction) Act 2016 107
147 Schedule 1--Consequential amendments 107
Division 7--Amendment of EastLink Project Act 2004 107
148 Emergency access to Project area 107
Division 8--Amendment of Electricity Safety Act 1998 107
149 Definitions 107
Division 9--Amendment of Emergency Management Act 1986 108
150 Definitions 108
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Division 10--Amendment of Emergency Management Act 2013 108
151 Definitions 108
152 Constitution of the State Crisis and Resilience Council 109
153 Division to prevail 109
Division 11--Amendment of Emergency Services Superannuation
Act 1986 109
154 Membership of the Board 109
155 Scheme may be supplemented by Consolidated Fund 109
Division 12--Amendment of Emergency Services
Telecommunications Authority Act 2004 110
156 Definitions 110
157 Advisory committee 110
Division 13--Amendment of Firearms Act 1996 110
158 Schedule 3--Non-prohibited persons who are exempt from
requirement to hold a licence under Part 2 110
Division 14--Amendment of Fire Services Property Levy Act 2012 111
159 Purpose 111
160 Definitions 111
161 Determination of levy rates 111
162 Levy rates based on location of leviable land 112
163 Permitted disclosures to particular persons 113
Division 15--Amendment of Gas Safety Act 1997 113
164 Mandatory reporting of gas incidents 113
Division 16--Amendment of Housing Act 1983 113
165 Insurance 113
Division 17--Amendment of Local Government Act 1989 113
166 What land is rateable? 113
Division 18--Amendment of Liquor Control Reform Act 1998 114
167 Definitions 114
168 Appointment of fire safety inspector 114
169 Disclosure of information for enforcement purposes 114
Division 19--Amendment of Marine Safety Act 2010 115
170 Consultation required before making a determination 115
Division 20--Amendment of National Electricity (Victoria) Act
2005 115
171 Definitions 115
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Division 21--Amendment of Residential Tenancies Act 1997 116
172 Authorised persons 116
Division 22--Amendment of Sentencing Act 1991 117
173 Custodial sentence for certain offences against emergency
workers and custodial officers on duty 117
174 Definitions 117
Division 23--Amendment of Taxation Administration Act 1997 117
175 Permitted disclosures to particular persons or for particular
purposes 117
Division 24--Amendment of Terrorism (Community Protection)
Act 2003 118
176 Definitions 118
Division 25--Amendment of Victoria State Emergency Service Act
2005 118
177 Duty to assist in major emergency 118
Part 9--Repeal of amending Parts 119
178 Repeal of amending Parts 119
Schedule 1 120
═══════════════
Endnotes 121
1 General information 121
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PARLIAMENT OF VICTORIA
Introduced in the Assembly
Firefighters' Presumptive Rights
Compensation and Fire Services
Legislation Amendment (Reform)
Bill 2017
A Bill for an Act to provide a rebuttable presumption for career
firefighters and volunteer firefighters suffering from specified forms
of cancer for the purposes of claiming compensation under the
Workplace Injury Rehabilitation and Compensation Act 2013, to
amend the Metropolitan Fire Brigades Act 1958, the Country Fire
Authority Act 1958 and certain other Acts to reform fire services and
for other purposes.
The Parliament of Victoria enacts:
Part 1--Introductory
1 Purpose
The purpose of this Act is to--
(a) provide a rebuttable presumption for--
5 (i) career firefighters suffering from
specified forms of cancer that the
cancer is presumed to be due to the
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Amendment (Reform) Bill 2017
Part 1--Introductory
nature of their employment for the
purposes of claiming compensation
under the Workplace Injury
Rehabilitation and Compensation
5 Act 2013; or
(ii) volunteer firefighters suffering from
specified forms of cancer that the
cancer is presumed to be due to the
nature of their service as a firefighter
10 for the purposes of claiming
compensation under the Workplace
Injury Rehabilitation and
Compensation Act 2013; and
(b) amend the Metropolitan Fire Brigades
15 Act 1958--
(i) to abolish the Metropolitan Fire and
Emergency Services Board and to
establish Fire Rescue Victoria to take
on its functions; and
20 (ii) to abolish the positions of Chief
Executive Officer of the Metropolitan
Fire and Emergency Services Board
and Chief Officer of the Metropolitan
Fire and Emergency Services, and to
25 establish the positions of Fire Rescue
Commissioner and Deputy Fire Rescue
Commissioner; and
(iii) to establish the Strategic Advisory
Committee to advise Fire Rescue
30 Victoria; and
(iv) to change the boundaries of the Fire
Rescue Victoria fire district; and
(v) to provide a new mechanism for
changing the boundaries of the Fire
35 Rescue Victoria fire district by
establishing the Fire District Review
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Part 1--Introductory
Panel to review the Fire Rescue
Victoria fire district; and
(c) to amend the Country Fire Authority
Act 1958--
5 (i) to make it an objective of the Country
Fire Authority to support the
recruitment, development and retention
of volunteer officers and members; and
(ii) to recognise the Country Fire Authority
10 as a fully volunteer fire fighting
service; and
(iii) to allow certain functions to be
performed and powers to be exercised
within the Fire Rescue Victoria fire
15 district; and
(d) make consequential and other amendments
to other Acts.
2 Commencement
(1) This Part and Part 2 come into operation on the
20 day after the day on which this Act receives the
Royal Assent.
(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
3 Principal Act for the purposes of Parts 3 to 7
25 In Parts 3 to 7, the Metropolitan Fire Brigades
Act 1958 is called the Principal Act.
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Amendment (Reform) Bill 2017
Part 2--Firefighters' Presumptive Rights Compensation
Part 2--Firefighters' Presumptive Rights
Compensation
Division 1--Preliminary
4 Definitions
5 (1) In this Act--
advisory committee means the advisory
committee established under section 20;
Authority means the Victorian WorkCover
Authority;
10 career firefighter means a person who is or was
employed by a fire service as a firefighter in
a role in which firefighting duties are or were
a substantial portion;
CFA means the Country Fire Authority
15 established under the Country Fire
Authority Act 1958;
firefighter means--
(a) a career firefighter; or
(b) a volunteer firefighter;
20 firefighting means exposure to the hazards of a
fire scene, including extinguishing,
controlling or preventing the spread of fires;
volunteer firefighter means a person who is or
was a volunteer officer or member within
25 the meaning of the Country Fire Authority
Act 1958 in a role in which firefighting
duties are or were a substantial portion.
(2) A reference in this Act to employment in relation
to a career firefighter includes appointment.
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5 Construction of Act
(1) This Act is to be read as if it formed part of the
Workplace Injury Rehabilitation and
Compensation Act 2013.
5 (2) If there is an inconsistency between this Act and
the Workplace Injury Rehabilitation and
Compensation Act 2013, this Act prevails to the
extent of the inconsistency.
(3) Unless inconsistent with the context or
10 subject-matter, words and expressions
defined in section 3 of the Workplace Injury
Rehabilitation and Compensation Act 2013
have the same meaning in this Act as they have
in that Act.
15 (4) If a firefighter satisfies the presumption under
Division 2 or 3, their disease is to be taken to be
an injury within the meaning of the Workplace
Injury Rehabilitation and Compensation
Act 2013.
20 Division 2--Operation of presumption in relation to
career firefighters
6 Rebuttable presumption as to cause of certain
diseases in relation to career firefighters
(1) An injury to a career firefighter is presumed to be
25 due to the nature of their employment as a
firefighter if--
(a) the injury--
(i) is a disease referred to in column 1 of
the Table in Schedule 1; and
30 (ii) occurs on or after 1 June 2016; and
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Part 2--Firefighters' Presumptive Rights Compensation
(b) the injury occurs during a period in which
the worker is employed as a career firefighter
or within the 10 year period after the worker
ceases to be employed or served as a
5 firefighter; and
(c) before the date on which the injury that is a
disease referred to in column 1 of the Table
in Schedule 1 occurred the worker is or was
employed, or served as a firefighter, for at
10 least the qualifying period specified in
column 2 of that Table opposite the
disease--
in the absence of proof to the contrary.
(2) For the purposes of this section, if a worker
15 suffers an injury that is a disease specified in
column 1 of the Table in Schedule 1, the injury is
to be taken to have occurred on the day on which
the worker--
(a) is first diagnosed as suffering from the
20 disease; or
(b) dies by reason of the disease--
whichever occurs first.
7 Determination of the qualifying period
(1) For the purposes of determining a period under
25 section 6(1)(c), the following periods may be
combined--
(a) any period during which the worker was
employed as a career firefighter; and
(b) any period during which the worker served
30 as a volunteer firefighter.
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(2) For the purposes of subsection (1), any
consecutive or non-consecutive periods during
which a worker has been employed or has served
as specified in subsection (1)(a) or (b) may be
5 combined.
(3) If a worker has been employed or has served as
specified in both paragraphs of subsection (1) at
the same time, that period of concurrent
employment or service is to be counted once only
10 for the purposes of subsection (1).
8 Determination as to whether a firefighter is a career
firefighter for the purposes of this Division
(1) If a firefighter is employed as a career firefighter
at the time the injury occurs, they are to be taken
15 to be a career firefighter for the purposes of this
Division.
(2) If a firefighter has ceased employment as a career
firefighter, they are to be taken to be a career
firefighter for the purposes of this Division if--
20 (a) their most recent employment or service as a
firefighter was as a career firefighter; or
(b) on balance, the majority of their employment
or service was as a career firefighter.
Division 3--Operation of presumption in relation to
25 volunteer firefighters
9 Rebuttable presumption as to cause of certain
diseases in relation to volunteer firefighters
(1) An injury to a volunteer firefighter is presumed to
be due to the nature of their service as a firefighter
30 if--
(a) the injury--
(i) is a disease referred to in column 1 of
the Table in Schedule 1; and
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Amendment (Reform) Bill 2017
Part 2--Firefighters' Presumptive Rights Compensation
(ii) occurs on or after 1 June 2016; and
(b) the injury occurs during a period in which
the volunteer firefighter served as a
firefighter or within the 10 year period after
5 the volunteer firefighter ceases to serve as a
firefighter; and
(c) before the date on which the injury that is a
disease referred to in column 1 of the Table
in Schedule 1 occurred, the volunteer
10 firefighter served as a firefighter for at least
the qualifying period specified in column 2
of that Table opposite the disease, and the
volunteer firefighter attended fires to the
extent reasonably necessary to fulfil the
15 purpose of their service as a firefighter--
in the absence of proof to the contrary.
(2) For the purposes of this section, if a volunteer
firefighter suffers an injury that is a disease
specified in column 1 of the Table in Schedule 1,
20 the injury is to be taken to have occurred on the
day on which the volunteer firefighter--
(a) is first diagnosed as suffering from the
disease; or
(b) dies by reason of the disease--
25 whichever occurs first.
10 Determination of the qualifying period
(1) For the purposes of determining a period under
section 9, any period during which the volunteer
firefighter was employed as a career firefighter
30 may be combined with service as a volunteer
firefighter.
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(2) For the purposes of subsection (1), any
consecutive or non-consecutive periods during
which a volunteer firefighter has been employed
or has served as specified in subsection (1) may be
5 combined.
(3) If a volunteer firefighter has been employed or has
served as a volunteer firefighter and a career
firefighter at the same time, that period of
concurrent employment or service is to be counted
10 once only for the purposes of subsection (1).
11 Determination of whether a firefighter is a volunteer
firefighter for the purposes of this Division
(1) Subject to section 8(2), if a firefighter is serving
as a volunteer firefighter at the time the injury
15 occurs, they are to be taken to be a volunteer
firefighter for the purposes of this Division.
(2) Subject to section 8(2), if a firefighter has ceased
employment or service as a firefighter, they are to
be taken to be a volunteer firefighter for the
20 purposes of this Division if their most recent
service or employment as a firefighter was as a
volunteer firefighter.
12 Determination of whether section 9 requirement is
met
25 (1) For the purposes of determining whether a
volunteer firefighter attended fires to the extent
reasonably necessary to fulfil the purpose of their
service as a firefighter under section 9, the
Authority must seek an expert opinion from the
30 advisory committee.
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(2) In providing the expert opinion to the Authority,
the advisory committee must have regard to--
(a) any relevant records, brigade records,
CFA data, employer data and local
5 knowledge; and
(b) any other matter prescribed by the
regulations.
(3) The Authority--
(a) must have regard to the expert opinion
10 provided to the Authority under
subsection (1); and
(b) is not required to make a determination that
is consistent with the expert opinion
provided under subsection (1).
15 Division 4--Operation of presumption because of
special consideration
13 Special consideration
(1) If a firefighter--
(a) suffers an injury that is a disease referred to
20 in column 1 of the Table in Schedule 1; and
(b) would not be entitled to the presumption
under Division 2 or 3 only because the
firefighter does not satisfy the relevant
qualifying period; and
25 (c) can prove in accordance with this Division
that the firefighter has had an exceptional
exposure event in a firefighting capacity
whether within or outside Victoria while
employed or serving as a firefighter--
30 the injury is presumed to be due to the nature of
their employment or service as a firefighter.
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(2) A firefighter who intends to rely on subsection (1)
must make an application for special
consideration in accordance with section 15.
14 What is an exceptional exposure event?
5 For the purposes of determining whether a
firefighter has had an exceptional exposure event,
regard must be given to the following--
(a) the nature of the event;
(b) whether there are any relevant findings from
10 a coroner, any court proceedings or other
official inquiry regarding an event known to
have exposed firefighters to carcinogens, and
if so, the nature of the findings;
(c) any relevant records, brigade records,
15 CFA data, employer data or local
knowledge;
(d) any other matter prescribed by the
regulations.
15 Application for special consideration
20 (1) An application for special consideration must
be--
(a) in the manner and form prescribed by the
regulations; and
(b) made to the Authority.
25 (2) An application for special consideration may only
be made--
(a) at the same time as a claim for compensation
is made; or
(b) after a claim for compensation has been
30 made but before the claim has been accepted
or rejected; or
(c) within the period of 60 days after the claim
for compensation has been rejected.
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(3) In subsection (2) and section 16, a claim for
compensation means a claim for compensation
under the Workplace Injury Rehabilitation and
Compensation Act 2013 in respect of which the
5 presumption under Division 2 or 3 is invoked.
16 Determination of application for special
consideration
(1) The Authority must determine an application for
special consideration only if the Authority has
10 rejected a claim for compensation by the
applicant.
(2) The Authority must forward an application for
special consideration to the advisory committee
for an expert opinion as to whether the firefighter
15 has had an exceptional exposure event.
(3) The Authority must forward the application for
special consideration as soon as practicable after
the Authority has--
(a) received the application for special
20 consideration; or
(b) has rejected the claim for compensation--
whichever occurs later.
(4) The Authority must within the period of 10 days
after receiving the expert opinion from the
25 advisory committee determine the application for
special consideration having regard to the expert
opinion.
(5) The Authority is not required to make a
determination of the application for special
30 consideration that is consistent with the expert
opinion.
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Division 5--General
17 Claim for injury occurring on or after 1 June 2016
(1) If before the commencement of this Part--
(a) a firefighter has made a claim for
5 compensation under the Workplace
Injury Rehabilitation and Compensation
Act 2013 in respect of an injury that is a
disease referred to in column 1 of the Table
in Schedule 1 which occurred on or after
10 1 June 2016; and
(b) the Authority has rejected the claim for
compensation--
the firefighter is entitled to make a new claim for
compensation in accordance with this Act.
15 (2) If before the commencement of this Part--
(a) a firefighter has made a claim for
compensation in accordance with Part 6 of
the Country Fire Authority Regulations 2014
in respect of an injury that is a disease
20 referred to in column 1 of the Table in
Schedule 1 which occurred on or after
1 June 2016; and
(b) the CFA has rejected the claim for
compensation--
25 the firefighter is entitled to make a new claim for
compensation in accordance with this Act.
18 Compensation for certain diseases due to
firefighting by volunteer firefighters
(1) Subject to section 19, if an injury to a volunteer
30 firefighter is deemed under this Act to be due to
the nature of their service as a firefighter, the
volunteer firefighter must make a claim for
compensation under the Workplace Injury
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Rehabilitation and Compensation Act 2013 in
respect of that injury.
(2) The compensation must be paid in accordance
with and subject to the Workplace Injury
5 Rehabilitation and Compensation Act 2013 as
if the volunteer firefighter were a worker within
the meaning of that Act and the disease were an
injury arising out of or in the course of their
employment.
10 (3) A claim for compensation must be made to the
Authority in accordance with the Workplace
Injury Rehabilitation and Compensation
Act 2013.
(4) All matters relating to compensation must be
15 determined in accordance with the Workplace
Injury Rehabilitation and Compensation
Act 2013 by the Authority, the Conciliation
Service, a Medical Panel, the County Court or
the Magistrates' Court, as the case requires.
20 (5) In making a determination in relation to any
matter referred to in subsection (2), the Authority,
the Conciliation Service, a Medical Panel, the
County Court or the Magistrates' Court must, as
far as practicable, be guided by reference to the
25 applicable provisions of the Workplace Injury
Rehabilitation and Compensation Act 2013
governing the corresponding matter in that Act.
(6) For the purpose of assessing compensation, the
pre-injury average weekly earnings of a volunteer
30 firefighter is to be computed by the Authority, the
Conciliation Service, a Medical Panel, the County
Court or the Magistrates' Court--
(a) by reference to the volunteer firefighter's
employment by any employer or employers
35 during the relevant period before the injury;
or
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(b) if the volunteer firefighter was not then
working under a contract of service, on any
basis that, in the opinion of the Authority,
the Conciliation Service, a Medical Panel,
5 the County Court or the Magistrates' Court,
is best calculated to give the appropriate
compensation for the volunteer firefighter's
loss of earning capacity--
but so that any relevant maximum limits imposed
10 by the Workplace Injury Rehabilitation and
Compensation Act 2013 are not exceeded.
(7) For the purposes of enabling a return to work of a
volunteer firefighter, the Authority may do any of
the following--
15 (a) plan the volunteer firefighter's return to
work;
(b) approve a provider of occupational
rehabilitation services for the purposes of
planning the volunteer firefighter's return to
20 work under paragraph (a);
(c) provide alternative assistance or programs to
the volunteer firefighter or in respect of the
employment of the volunteer firefighter.
(8) The Authority must make any payment of
25 compensation under this section out of the
WorkCover Authority Fund.
(9) For the purposes of subsection (8), any reasonable
costs and expenses (including legal costs) incurred
in administering claims under this section are
30 taken to be a payment of compensation.
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Part 2--Firefighters' Presumptive Rights Compensation
19 Compensation under the Workplace Injury
Rehabilitation and Compensation Act 2013 and the
Country Fire Authority Regulations 2014
(1) A volunteer firefighter is not entitled to make a
5 claim for compensation in respect of the same
injury under the Workplace Injury
Rehabilitation and Compensation Act 2013 and
in accordance with Part 6 of the Country Fire
Authority Regulations 2014 at the same time.
10 (2) Subject to subsection (4), if a volunteer
firefighter's claim under Division 3 is rejected,
the volunteer firefighter may make a claim for
compensation in accordance with Part 6 of the
Country Fire Authority Regulations 2014 in
15 respect of the same injury and is entitled to have
the claim determined in accordance with that
Division.
(3) The rejection of a volunteer firefighter's claim
under Division 3 does not prejudice the volunteer
20 firefighter's claim for compensation in accordance
with Part 6 of the Country Fire Authority
Regulations 2014.
(4) A volunteer firefighter is not entitled to make a
claim for compensation in accordance with Part 6
25 of the Country Fire Authority Regulations 2014 if
the volunteer firefighter's claim in respect of the
same injury is rejected under Division 3 because
the Authority proved that the injury was not due to
the nature of the volunteer firefighter's service as a
30 firefighter.
(5) If the volunteer firefighter's claim in accordance
with Part 6 of the Country Fire Authority
Regulations 2014 is rejected, the volunteer
firefighter may make a claim under Division 3 in
35 respect of the same injury and is entitled to have
the claim determined in accordance with that
Division.
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Part 2--Firefighters' Presumptive Rights Compensation
(6) The rejection of a volunteer firefighter's claim for
compensation in accordance with Part 6 of the
Country Fire Authority Regulations 2014 does not
prejudice the volunteer firefighter's claim under
5 Division 3.
(7) A volunteer firefighter is not entitled to
compensation in relation to the same injury under
the Workplace Injury Rehabilitation and
Compensation Act 2013 and in accordance with
10 Part 6 of the Country Fire Authority Regulations
2014.
(8) The Authority and the CFA may exchange any
document produced or served or information
acquired in respect of a proceeding or claim for
15 compensation by a volunteer firefighter in relation
to the same injury under the Workplace Injury
Rehabilitation and Compensation Act 2013 and
in accordance with Part 6 of the Country Fire
Authority Regulations 2014.
20 20 Establishment of advisory committee
(1) The Minister must establish an advisory
committee for the purposes of this Act in
accordance with the regulations.
(2) The purpose of the advisory committee is to
25 provide an expert opinion to the Authority as to--
(a) whether a volunteer firefighter has attended
fires to the extent reasonably necessary to
fulfil the purposes of service as a firefighter
as required by section 9(1)(c); or
30 (b) whether a firefighter has had an exceptional
exposure event.
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(3) Without limiting the generality of section 22,
the regulations may make provision for or with
respect to--
(a) the appointment of the advisory committee,
5 including--
(i) the number of members; and
(ii) the experience or qualifications of
members; and
(iii) remuneration of members; and
10 (b) the powers and procedures of the advisory
committee, including conditions of
confidentiality of information provided to the
advisory committee; and
(c) the form of an expert opinion and the process
15 for providing an expert opinion to the
Authority.
21 Payments
(1) The Authority must make any payments necessary
for the purposes of the administration of this Act
20 (other than section 18) out of the WorkCover
Authority Fund.
(2) There is to be paid into the WorkCover Authority
Fund out of the Consolidated Fund, which is to
the necessary extent appropriated accordingly, the
25 amount of any payments under section 18.
22 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
30 necessary to be prescribed to give effect to this
Act.
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(2) The regulations may--
(a) confer powers or impose duties in
connection with the regulations on any
specified person or specified class of
5 persons; and
(b) apply, adopt or incorporate with or without
modification, any matter contained in any
document, code, standard, rule, specification
or method formulated, issued, prescribed or
10 published by any person--
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations
15 are made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time.
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Part 3--Amendments relating to the establishment of Fire Rescue Victoria
Part 3--Amendments relating to the
establishment of Fire Rescue Victoria
23 Metropolitan Fire Brigades Act 1958 renamed
(1) In the title to the Principal Act, for
5 "Metropolitan Fire Brigades" substitute
"Fire Rescue Victoria".
(2) In section 1 of the Principal Act, for
"Metropolitan Fire Brigades" substitute
"Fire Rescue Victoria".
10 24 Purposes
In section 2(b) of the Principal Act, for
"a Metropolitan Fire and Emergency Services
Board" substitute "Fire Rescue Victoria".
25 Definitions
15 (1) In section 3(1) of the Principal Act insert the
following definitions--
"Country Fire Authority means the Authority
appointed under section 6(1) of the Country
Fire Authority Act 1958;
20 Deputy Fire Rescue Commissioner means a
Deputy Fire Rescue Commissioner
appointed under section 9A(1);
Fire Rescue Commissioner means the Fire
Rescue Commissioner appointed under
25 section 9(1);
Fire Rescue Victoria means the authority
established by section 6;
Secretary means the Secretary to the Department
for which the Minister administering this Act
30 is responsible;
Strategic Advisory Committee means the
committee established by section 33A(1);".
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(2) In section 3(1) of the Principal Act, the definitions
of Board and Chief Officer are repealed.
(3) In section 3(1) of the Principal Act, in the
definitions of applicable work program,
5 senior operational staff and senior position, for
"the Board" substitute "Fire Rescue Victoria".
26 Metropolitan Fire and Emergency Services Board
For section 6 of the Principal Act substitute--
"6 Fire Rescue Victoria
10 (1) Fire Rescue Victoria is established by this
section.
(2) Fire Rescue Victoria is constituted by the
Fire Rescue Commissioner.
(3) Fire Rescue Victoria--
15 (a) is a body corporate with perpetual
succession; and
(b) must have an official seal; and
(c) may sue and be sued in its corporate
name; and
20 (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
that bodies corporate may by law do
25 and suffer and that are necessary or
incidental for the performance of its
functions.".
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27 Functions of Board
After section 7(1)(b) of the Principal Act insert--
"(ba) to implement the fire and emergency
services priorities of the Government of
5 Victoria; and
(bb) to provide operational and management
support to the Country Fire Authority; and".
28 New section 7C inserted
After section 7B of the Principal Act insert--
10 "7C Fire Rescue Commissioner and Deputy
Fire Rescue Commissioners
(1) There is to be--
(a) a Fire Rescue Commissioner; and
(b) as many Deputy Fire Rescue
15 Commissioners as the Governor in
Council considers necessary.
(2) The Fire Rescue Commissioner--
(a) has all the functions, duties and powers
of Fire Rescue Victoria; and
20 (b) has any other functions, duties and
powers conferred on the Fire Rescue
Commissioner by or under--
(i) this Act or the regulations; or
(ii) any other Act or regulations under
25 any other Act.
(3) All acts and things done by the Fire Rescue
Commissioner in the name of, or on behalf
of, Fire Rescue Victoria are taken to have
been done by Fire Rescue Victoria.
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(4) A Deputy Fire Rescue Commissioner has
the functions, duties and powers that are
delegated to him or her by the Fire Rescue
Commissioner.".
5 29 Accountability of Board
For section 8 of the Principal Act substitute--
"8 Accountability of Fire Rescue Victoria
and the Fire Rescue Commissioner
(1) Fire Rescue Victoria and the Fire Rescue
10 Commissioner are subject to the general
direction and control of the Minister in the
performance of the duties and functions and
the exercise of powers of Fire Rescue
Victoria and the Fire Rescue Commissioner,
15 including, but not limited to, the policies and
priorities to be pursued by Fire Rescue
Victoria and the Fire Rescue Commissioner.
(2) Subject to this section, the Minister may
from time to time give written directions to
20 Fire Rescue Victoria and the Fire Rescue
Commissioner.
(3) The Minister must not give a direction under
subsection (2) in relation to the exercise of
the operational functions and powers of Fire
25 Rescue Victoria or the Fire Rescue
Commissioner including, but not limited to,
a function or power under any of the
following provisions of this Act--
(a) section 26;
30 (b) section 32;
(c) section 32AA;
(d) section 32B;
(e) section 32C;
(f) section 32D;
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(g) section 52;
(h) section 55A;
(i) section 55B;
(j) section 55C;
5 (k) section 55D;
(l) section 55E(1), (2) or (4);
(m) section 58;
(n) section 59;
(o) section 60;
10 (p) section 71;
(q) section 72;
(r) section 72A;
(s) section 78;
(t) section 90;
15 (u) section 93.
(4) The Minister must not give a direction under
subsection (2) in relation to the exercise of
the powers of delegation under sections 24B
and 31A.
20 (5) The Minister must not give a direction
under subsection (2) in relation to the
organisational structure of Fire Rescue
Victoria.
(6) The Minister must not give a direction under
25 subsection (2) in relation to--
(a) the allocation or deployment of
employees at particular locations; or
(b) the establishment of fire or emergency
services units.
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(7) If the Minister gives a direction under
subsection (2)--
(a) the Minister must cause a copy of the
direction to be published in the
5 Government Gazette; and
(b) the Fire Rescue Commissioner must
cause a copy of the direction to be
published on the Internet site of Fire
Rescue Victoria.".
10 30 Constitution of the Board
For section 9 of the Principal Act substitute--
"9 Appointment of Fire Rescue
Commissioner
(1) The Fire Rescue Commissioner is to be
15 appointed by the Governor in Council, on the
recommendation of the Minister.
(2) The Governor in Council must not appoint a
person as the Fire Rescue Commissioner
unless the Governor in Council is satisfied
20 that the person has appropriate management
and operational expertise in--
(a) fire services; or
(b) emergency services; or
(c) a related field.
25 (3) The Fire Rescue Commissioner holds office
for the period, not exceeding 5 years,
specified in the instrument of his or her
appointment.
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(4) The Fire Rescue Commissioner is entitled to
receive--
(a) remuneration; and
(b) travelling or other allowances--
5 specified in the instrument of his or her
appointment.
(5) The Fire Rescue Commissioner is eligible
for reappointment.
(6) The Fire Rescue Commissioner holds office
10 on the terms and conditions specified in the
instrument of his or her appointment.
9A Deputy Fire Rescue Commissioners
(1) A Deputy Fire Rescue Commissioner is to be
appointed by the Governor in Council on the
15 recommendation of the Minister.
(2) The Governor in Council must not appoint a
person as a Deputy Fire Rescue
Commissioner unless the Governor in
Council is satisfied that the person has
20 appropriate management and operational
expertise in--
(a) fire services; or
(b) emergency services; or
(c) a related field.
25 (3) The Governor in Council must not appoint a
person as a Deputy Fire Rescue
Commissioner unless the Governor in
Council is satisfied that the Minister has
consulted the Fire Rescue Commissioner
30 about the appointment.
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(4) A Deputy Fire Rescue Commissioner holds
office for the period, not exceeding 5 years,
specified in the instrument of his or her
appointment.
5 (5) A Deputy Fire Rescue Commissioner is
entitled to receive--
(a) remuneration; and
(b) travelling or other allowances--
specified in the instrument of his or her
10 appointment.
(6) A Deputy Fire Rescue Commissioner is
eligible for reappointment.
(7) A Deputy Fire Rescue Commissioner holds
office on the terms and conditions specified
15 in the instrument of his or her appointment.
9B Ceasing to hold office
The Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner ceases to hold
office if he or she--
20 (a) resigns under section 9C; or
(b) becomes an insolvent under
administration; or
(c) is convicted of an indictable offence or
an offence that, if committed in
25 Victoria, would be an indictable
offence; or
(d) nominates for election for the
Parliament of Victoria or of the
Commonwealth or of another State or a
30 Territory of the Commonwealth; or
(e) is removed from office under
section 9D.
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9C Resignation
(1) The Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner may resign by
signed letter delivered to the Governor in
5 Council.
(2) A resignation under subsection (1) takes
effect--
(a) on the day the letter is received by the
Governor in Council; or
10 (b) if a later date is specified in the letter,
on that later date.
9D Removal from office
(1) The Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner may be removed
15 from office by the Governor in Council on
any of the following grounds--
(a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of his or
20 her office;
(d) any other ground on which the
Governor in Council is satisfied that the
person is unfit for office.
(2) The Governor in Council must not remove a
25 Deputy Fire Rescue Commissioner under
subsection (1) unless the Governor in
Council is satisfied that the Minister has
consulted the Fire Rescue Commissioner
about the removal.
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9E Suspension from office
(1) The Fire Rescue Commissioner or a
Deputy Fire Rescue Commissioner may
be suspended from office by the Governor
5 in Council.
(2) The Governor in Council must not suspend
the Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner under subsection
(1) unless the Governor in Council believes
10 that grounds may exist for the removal of the
Fire Rescue Commissioner or the Deputy
Fire Rescue Commissioner under
section 9D(1).
(3) The Governor in Council may revoke the
15 suspension of the Fire Rescue Commissioner
or a Deputy Fire Rescue Commissioner at
any time.
(4) If--
(a) the Fire Rescue Commissioner or a
20 Deputy Fire Rescue Commissioner has
been suspended; and
(b) the Governor in Council has not
revoked the suspension under
subsection (3) during the period of
25 30 days after the suspension--
the suspension ceases to be in effect at the
end of that period unless the Fire Rescue
Commissioner or Deputy Fire Rescue
Commissioner has for any reason ceased to
30 hold office before the end of that period.
9F Acting Fire Rescue Commissioner
(1) The Governor in Council may appoint
a person to act as the Fire Rescue
Commissioner for a period of not
35 more than 12 months--
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(a) during a vacancy in the office of the
Fire Rescue Commissioner; or
(b) during any period when the Fire Rescue
Commissioner is absent from duty or is
5 for any other reason unable to perform
the duties of the office.
(2) The Minister may appoint a person to act as
the Fire Rescue Commissioner for a period
of not more than 4 weeks--
10 (a) during a vacancy in the office of the
Fire Rescue Commissioner; or
(b) during any period when the Fire Rescue
Commissioner is absent from duty or is
for any other reason unable to perform
15 the duties of the office.
(3) Before appointing a person to act as the Fire
Rescue Commissioner, the Governor in
Council or the Minister, as the case requires,
must be satisfied that the person has
20 appropriate management and operational
expertise in--
(a) fire services; or
(b) emergency services; or
(c) a related field.
25 (4) A person appointed to act as the Fire Rescue
Commissioner--
(a) holds office for the period specified in
the instrument of appointment; and
(b) is entitled to the remuneration and
30 allowances to which the Fire Rescue
Commissioner would have been
entitled; and
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(c) holds office on such other terms and
conditions as are specified in the
instrument of appointment.
(5) While a person is acting as the Fire Rescue
5 Commissioner, the person has all the powers
and may perform any of the functions of the
Fire Rescue Commissioner.
(6) The Governor in Council may revoke an
appointment under subsection (1) at any
10 time.
(7) The Minister may revoke an appointment
under subsection (2) at any time.
(8) A person appointed to act as the Fire Rescue
Commissioner under subsection (1) or (2) is
15 eligible for reappointment.
9G Acting Deputy Fire Rescue Commissioner
(1) The Governor in Council may appoint a
person to act as a Deputy Fire Rescue
Commissioner for a period of not more than
20 12 months--
(a) during a vacancy in the office of a
Deputy Fire Rescue Commissioner; or
(b) during any period when a Deputy Fire
Rescue Commissioner is absent from
25 duty or is for any other reason unable to
perform the duties of the office.
(2) The Fire Rescue Commissioner may appoint
a person to act as a Deputy Fire Rescue
Commissioner for a period of not more than
30 4 weeks--
(a) during a vacancy in the office of a
Deputy Fire Rescue Commissioner; or
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(b) during any period when a Deputy Fire
Rescue Commissioner is absent from
duty or is for any other reason unable to
perform the duties of the office.
5 (3) Before appointing a person to act as a
Deputy Fire Rescue Commissioner, the
Governor in Council or the Fire Rescue
Commissioner, as the case requires, must be
satisfied that the person has appropriate
10 management and operational expertise in--
(a) fire services; or
(b) emergency services; or
(c) a related field.
(4) Before appointing a person to act as a
15 Deputy Fire Rescue Commissioner, the
Governor in Council must be satisfied that
the Minister has consulted the Fire Rescue
Commissioner.
(5) A person appointed to act as a Deputy Fire
20 Rescue Commissioner--
(a) holds office for the period specified in
the instrument of appointment; and
(b) is entitled to the remuneration and
allowances to which a Deputy Fire
25 Rescue Commissioner would have been
entitled; and
(c) holds office on such other terms and
conditions as are specified in the
instrument of appointment.
30 (6) While a person is acting as a Deputy Fire
Rescue Commissioner, the person has all the
powers and may perform any of the
functions of a Deputy Fire Rescue
Commissioner.
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(7) The Governor in Council may revoke an
appointment under subsection (1) at any
time.
(8) The Fire Rescue Commissioner may revoke
5 an appointment under subsection (2) at any
time.
(9) A person appointed to act as a Deputy Fire
Rescue Commissioner under subsection (1)
or (2) is eligible for reappointment.".
10 31 Repeal of sections 10, 11 and 11A
Sections 10, 11 and 11A of the Principal Act are
repealed.
32 Application of Public Administration Act 2004
In section 12 of the Principal Act, for "a member
15 of the Board in respect of the office of member"
substitute "the Fire Rescue Commissioner and the
Deputy Fire Rescue Commissioners in respect of
those offices".
33 Repeal of sections 13, 14 and 15
20 Sections 13, 14 and 15 of the Principal Act are
repealed.
34 Decisions not affected by certain matters
For section 16 of the Principal Act substitute--
"16 Decisions not affected by certain matters
25 An act or decision of Fire Rescue Victoria,
the Fire Rescue Commissioner, a Deputy
Fire Rescue Commissioner, an acting Fire
Rescue Commissioner or an acting Deputy
Fire Rescue Commissioner is not invalid
30 only because of--
(a) a defect or irregularity in the
appointment of the Fire Rescue
Commissioner, Deputy Fire Rescue
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Commissioner, acting Fire Rescue
Commissioner or acting Deputy Fire
Rescue Commissioner; or
(b) a vacancy in the office of Fire Rescue
5 Commissioner or a Deputy Fire Rescue
Commissioner; or
(c) the occasion for the appointment of an
acting Fire Rescue Commissioner or an
acting Deputy Fire Rescue
10 Commissioner has ceased to exist.".
35 Immunity of members of Board
(1) In section 17(1) of the Principal Act, for
"A member of the Board" substitute "The Fire
Rescue Commissioner".
15 (2) In section 17(2) of the Principal Act, for
"a member of the Board attaches instead to the
Board" substitute "the Fire Rescue Commissioner
attaches instead to Fire Rescue Victoria".
36 Repeal of sections 18, 19 and 20
20 Sections 18, 19 and 20 of the Principal Act are
repealed.
37 Decisions not affected by certain matters
For section 21 of the Principal Act, substitute--
"21 Conflicts of interest
25 (1) If the Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner has a conflict of
interest in a matter arising in the course of
his or her duties, he or she must declare the
conflict to the Minister as soon as reasonably
30 practicable.
(2) If the Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner has made a
conflict of interest declaration under
subsection (1) in relation to a matter, he or
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she must not take any further part in
decisions relating to that matter, unless
otherwise directed to do so by the Minister.
(3) For the purposes of this section, a person is
5 not to be regarded as having a conflict of
interest in a matter relating to the supply of
goods or services to the person if the goods
or services are, or are to be, available to
members of the public on the same terms and
10 conditions.".
38 Employees of Board
(1) In section 25B(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) After section 25B(2) of the Principal Act insert--
15 "(3) Fire Rescue Victoria may enter into an
agreement or arrangement with the Country
Fire Authority under which officers or
employees, or classes of officers or
employees, of Fire Rescue Victoria are made
20 available (whether on a full-time, part-time
or other basis) to the Country Fire Authority.
(4) Despite anything in this Act or any other
Act, an officer or employee, or an officer or
employee included in a class of officers or
25 employees, of Fire Rescue Victoria made
available to the Country Fire Authority in
accordance with an agreement or
arrangement under subsection (3) remains an
officer or employee of Fire Rescue Victoria
30 and is not an officer or employee of the
Country Fire Authority.
(5) Nothing in this section or the Country Fire
Authority Act 1958--
(a) empowers the Country Fire Authority,
35 under section 17 of the Country Fire
Authority Act 1958, to exercise a
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power in respect of an officer or
employee made available (whether on a
full-time, part-time or other basis) to
the Country Fire Authority under
5 subsection (3); or
(b) imposes a duty upon the Country Fire
Authority, under section 18 or 19 of the
Country Fire Authority Act 1958, in
respect of an officer or employee made
10 available (whether on a full-time,
part-time or other basis) to the Country
Fire Authority under subsection (3).".
39 Repeal of sections 28, 29, 30 and 31
Sections 28, 29, 30 and 31 of the Principal Act are
15 repealed.
40 New sections 33A to 33G inserted
After section 33 of the Principal Act insert--
"33A Strategic Advisory Committee
(1) The Strategic Advisory Committee is
20 established by this section.
(2) The Strategic Advisory Committee consists
of up to 7 members appointed under
section 33B.
(3) The Minister must appoint one of the
25 members of the Strategic Advisory
Committee to be the Chairperson of the
Committee.
33B Appointment of members of the Strategic
Advisory Committee
30 (1) The members of the Strategic Advisory
Committee are to be appointed by the
Minister.
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(2) In appointing the members of the Strategic
Advisory Committee, the Minister must have
regard to the mix of knowledge, skills and
experience of the Committee as a whole
5 including, but not limited to, the following
matters--
(a) organisational governance,
performance and culture;
(b) workforce diversity and flexibility;
10 (c) fire or emergency services.
(3) A member of the Strategic Advisory
Committee holds office for the period,
not exceeding 5 years, specified in the
instrument of his or her appointment.
15 (4) A member of the Strategic Advisory
Committee is entitled to receive--
(a) remuneration; and
(b) travelling or other allowances--
fixed by the Minister.
20 (5) A member of the Strategic Advisory
Committee is eligible for reappointment.
(6) A member of the Strategic Advisory
Committee holds office on the terms and
conditions specified in the instrument of his
25 or her appointment.
(7) A member of the Strategic Advisory
Committee who is a public sector employee
within the meaning of the Public
Administration Act 2004 is not entitled to
30 remuneration in respect of his or her
appointment as a member.
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(8) The Public Administration Act 2004
(other than Part 3 of that Act) applies
to a member of the Strategic Advisory
Committee in respect of the office of
5 member.
33C Strategic Advisory Committee is a public
entity
The Strategic Advisory Committee is a
public entity for the purposes of the Public
10 Administration Act 2004.
33D Resignation of members of the Strategic
Advisory Committee
(1) A member of the Strategic Advisory
Committee may resign from membership by
15 signed letter delivered to the Minister.
(2) A resignation under subsection (1) takes
effect--
(a) on the day the letter is received by the
Minister; or
20 (b) if a later date is specified in the letter,
on that later date.
33E Ceasing to hold office--removal
A member of the Strategic Advisory
Committee may be removed from office by
25 the Minister at any time and for any reason.
33F Role of the Strategic Advisory Committee
The role of the Strategic Advisory
Committee is to provide advice to Fire
Rescue Victoria on the following matters--
30 (a) cultural change within Fire Rescue
Victoria;
(b) workforce diversity and flexibility
within Fire Rescue Victoria;
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(c) organisational governance of Fire
Rescue Victoria;
(d) Fire Rescue Victoria's engagement and
integration with the broader emergency
5 services sector;
(e) the future direction of Fire Rescue
Victoria, including emerging
opportunities and risks;
(f) matters relevant to Fire Rescue Victoria
10 on which Fire Rescue Victoria seeks
advice;
(g) any other matter relevant to Fire Rescue
Victoria.
33G Strategic Advisory Committee terms of
15 reference
(1) The Minister must develop terms of
reference for the Strategic Advisory
Committee in consultation with the Fire
Rescue Commissioner.
20 (2) The terms of reference for the Strategic
Advisory Committee must include details of
the following--
(a) the procedures to be followed by the
Committee, including in relation to its
25 meetings;
(b) the Committee's strategic focus for the
12 months after the terms of reference
are developed;
(c) procedures for dealing with conflicts of
30 interest.
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(3) The Minister must review the terms of
reference for the Strategic Advisory
Committee at least once each year, in
consultation with the Fire Rescue
5 Commissioner.
(4) The Strategic Advisory Committee must
conduct its meetings, and carry out other
procedures, in accordance with the terms of
reference.".
10 41 Definitions
In section 3(1) of the Country Fire Authority
Act 1958 insert the following definition--
"officer means a person appointed under
section 17(c) and, subject to section 25B,
15 is taken to include an officer or employee
of Fire Rescue Victoria, or an employee
included in a class of officers or employees
of Fire Rescue Victoria, made available to
the Authority by Fire Rescue Victoria under
20 section 25B of the Fire Rescue Victoria
Act 1958.".
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Part 4--Amendments relating to the Fire
Rescue Victoria fire district
42 Definitions
(1) In section 3(1) of the Principal Act insert the
5 following definitions--
"change in fire risk, in relation to the Fire Rescue
Victoria fire district or the country area of
Victoria, means the following--
(a) a change in land use or development
10 within the Fire Rescue Victoria fire
district, or within the country area of
Victoria, that may result in a material
change to the risk of a fire occurring
within the Fire Rescue Victoria fire
15 district or the country area of Victoria;
(b) a demographic change or a change in
demand for the services of a fire
services agency, within the Fire Rescue
Victoria fire district or the country area
20 of Victoria, that may result in a material
change to the risk of a fire occurring
within the Fire Rescue Victoria fire
district or the country area of Victoria;
(c) any other change in circumstances
25 within the Fire Rescue Victoria fire
district or the country area of Victoria
that results or may result in a material
change to the risk of a fire occurring
within the Fire Rescue Victoria fire
30 district or the country area of Victoria;
country area of Victoria has the same meaning as
in the Country Fire Authority Act 1958;
emergency management sector has the same
meaning as in the Emergency Management
35 Act 2013;
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Fire District Review Panel means the panel
established by section 4A;
Fire Rescue Victoria fire district means the
district specified in section 4(1);
5 industrial body means an organisation within the
meaning of the Fair Work (Registered
Organisations) Act 2009 of the
Commonwealth;
review of the Fire Rescue Victoria fire district
10 means a review conducted under
section 4G;".
(2) In section 3(1) of the Principal Act, the definition
of metropolitan district is repealed.
43 Metropolitan fire district
15 (1) In section 4(1) of the Principal Act, for "there
shall be a metropolitan fire district consisting of
the municipal districts or parts thereof set forth"
substitute "there is to be a Fire Rescue Victoria
fire district consisting of the land specified".
20 (2) In section 4(2) of the Principal Act, for
"metropolitan fire district" (where twice
occurring) substitute "Fire Rescue Victoria
fire district".
(3) Section 4(3) to 4(6) of the Principal Act are
25 repealed.
44 New sections inserted
After section 4 of the Principal Act, insert--
"4A Fire District Review Panel
(1) The Fire District Review Panel is established
30 by this section.
(2) The Fire District Review Panel consists of
3 members appointed under section 4C.
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(3) The Minister must appoint one of the
members of the Fire District Review Panel to
be the Chairperson of the Panel.
4B Fire District Review Panel is a public
5 entity
The Fire District Review Panel is a public
entity for the purposes of the Public
Administration Act 2004.
4C Appointment of members of the Fire
10 District Review Panel
(1) The members of the Fire District Review
Panel are to be appointed by the Minister.
(2) The Minister must not appoint a person as a
member of the Fire District Review Panel
15 unless the Minister is satisfied that--
(a) the person has significant and
substantial expertise and experience in
fire response, fire management,
emergency management or another
20 relevant field; and
(b) the person is able to make an informed
and independent assessment of the
matters to be considered by the Panel.
(3) The Minister must not appoint a person as a
25 member of the Fire District Review Panel if
the person is--
(a) an officer or employee of a fire services
agency; or
(b) an officer or employee of an industrial
30 body that is responsible for an
enterprise agreement that applies to a
fire services agency; or
(c) an officer or official of Volunteer Fire
Brigades Victoria Incorporated.
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(4) A member of the Fire District Review Panel
holds office for the period, not exceeding
5 years, specified in the instrument of his or
her appointment.
5 (5) A member of the Fire District Review Panel
is entitled to receive--
(a) remuneration; and
(b) travelling or other allowances--
specified in the instrument of his or her
10 appointment.
(6) A member of the Fire District Review Panel
is eligible for reappointment.
(7) A member of the Fire District Review Panel
holds office on the terms and conditions
15 specified in the instrument of his or her
appointment.
(8) A member of the Fire District Review Panel
who is a public sector employee within the
meaning of the Public Administration
20 Act 2004 is not entitled to remuneration
in respect of his or her appointment as a
member.
(9) The Public Administration Act 2004
(other than Part 3 of that Act) applies to a
25 member of the Fire District Review Panel in
respect of the office of member.
4D Resignation of members of the Fire
District Review Panel
(1) A member of the Fire District Review Panel
30 may resign from membership by signed
letter delivered to the Minister.
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(2) A resignation under subsection (1) takes
effect--
(a) on the day the letter is received by the
Minister; or
5 (b) if a later date is specified in the letter,
on that later date.
4E Ceasing to hold office--removal
A member of the Fire District Review Panel
may be removed from office by the Minister
10 at any time and for any reason.
4F Role of the Fire District Review Panel
The role of the Fire District Review Panel is
to provide independent and informed advice
to the Minister on the following matters--
15 (a) whether it is necessary or desirable for
the Fire Rescue Victoria fire district to
be changed;
(b) whether a change in fire risk, or
something that may result in a change
20 in fire risk, may warrant a review of the
Fire Rescue Victoria fire district.
4G Review of the Fire Rescue Victoria fire
district
(1) The Fire District Review Panel must conduct
25 a review of the Fire Rescue Victoria fire
district at least once during--
(a) the 4-year period beginning on the day
on which this section commences; and
(b) each subsequent 4-year period.
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(2) The Fire District Review Panel must also
conduct a review of the Fire Rescue Victoria
fire district if--
(a) the Minister requests a review after
5 receiving a recommendation of the
Secretary under section 4H; or
(b) the Minister determines under section
4M(1)(c) that a review be conducted.
4H Secretary may recommend a review of the
10 Fire Rescue Victoria fire district
The Secretary may recommend to the
Minister that the Fire District Review Panel
conduct a review of the Fire Rescue Victoria
fire district if the Secretary--
15 (a) has received evidence of a change in
fire risk within the Fire Rescue Victoria
fire district or the country area of
Victoria; and
(b) considers that the change in fire risk
20 warrants such a review.
4I Notice of review of the Fire Rescue
Victoria fire district
If the Minister requests the Fire District
Review Panel to conduct a review of the
25 Fire Rescue Victoria fire district under
section 4G(2)(a)--
(a) the Minister must cause a copy of the
request, and the reasons for the request,
to be published in the Government
30 Gazette; and
(b) the Fire Rescue Commissioner must
cause a copy of the request, and the
reasons for the request, to be published
on the Internet site of Fire Rescue
35 Victoria.
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4J Object of review
(1) The object of a review of the Fire Rescue
Victoria fire district is to conduct a risk-
based assessment of the assignment of
5 responsibility necessary for the provision of
fire services by fire services agencies
within--
(a) the Fire Rescue Victoria fire district;
and
10 (b) the country area of Victoria--
in order to prevent, and protect against, loss
of life and damage to property, infrastructure
or the environment in Victoria.
(2) In conducting a review of the Fire Rescue
15 Victoria fire district, the Fire District Review
Panel must have regard to any change in fire
risk in the Fire Rescue Victoria fire district
or the country area of Victoria.
4K Procedures relating to review
20 (1) In conducting a review of the Fire Rescue
Victoria fire district, the Fire District Review
Panel may--
(a) inquire into and inform itself of any
matters relevant to the review as the
25 Panel thinks fit; and
(b) consult with any person or body as the
Panel thinks fit including, but not
limited to, by seeking oral or written
submissions.
30 (2) In conducting a review of the Fire Rescue
Victoria fire district, the Fire District Review
Panel must consult with all relevant fire
services agencies and any municipal district
directly affected by the review.
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(3) A review of the Fire Rescue Victoria fire
district requested by the Minister under
section 4G(2)(a) must be completed within
the period (if any) specified in the request.
5 4L Report of review
(1) After conducting a review of the Fire Rescue
Victoria fire district, the Fire District Review
Panel must report its findings to the Minister.
(2) The report may recommend--
10 (a) that no change be made to the Fire
Rescue Victoria fire district; or
(b) that a change be made to the Fire
Rescue Victoria fire district; or
(c) that the Panel conduct a further review
15 of the Fire Rescue Victoria fire district
within the period specified in the
report.
4M Minister's determination on review
(1) After receiving a report under section 4L of a
20 review of the Fire Rescue Victoria fire
district, the Minister may determine by
instrument--
(a) that no change be made to the Fire
Rescue Victoria fire district; or
25 (b) that a change be made to the Fire
Rescue Victoria fire district; or
(c) that the Fire District Review Panel
conduct a further review of the Fire
Rescue Victoria fire district within the
30 period specified in the determination.
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(2) In making a determination under subsection
(1), the Minister must have regard to--
(a) the report and recommendations of the
Fire District Review Panel; and
5 (b) the capacity of each relevant fire
services agency to perform its statutory
functions and duties; and
(c) the implications of making the
determination for the budget and
10 resources of each relevant fire services
agency; and
(d) the implications of making the
determination for the budget and
resources of the emergency
15 management sector; and
(e) the other implications of making the
determination for the emergency
management sector.
(3) The Minister must cause a determination
20 made under subsection (1) to be published in
the Government Gazette.
(4) The Fire Rescue Commissioner must cause a
determination made by the Minister under
subsection (1) to be published on the Internet
25 site of Fire Rescue Victoria.
4N Effect of Minister's determination
(1) A determination made under section 4M(1)
takes effect according to its terms on the day
on which it is published in the Government
30 Gazette.
(2) If the determination states that a change is to
be made to the Fire Rescue Victoria fire
district, the Governor in Council may, by
order published in the Government Gazette,
35 amend Schedule 2 to change the Fire Rescue
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Victoria fire district as stated in the
determination and the Order has effect
accordingly.
45 New Schedule 2
5 For the Second Schedule of the Principal Act
substitute--
"Schedule 2
The Fire Rescue Victoria fire district consists
of the land delineated and coloured green on
10 the plan lodged in the Central Plan Office and
numbered LEGL./17-371.".
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Part 5--Amendments relating to volunteer brigades located in the Fire
Rescue Victoria fire district
Part 5--Amendments relating to volunteer
brigades located in the Fire Rescue Victoria
fire district
46 Objective
5 In section 6B of the Country Fire Authority
Act 1958--
(a) in paragraph (b), for "public value."
substitute "public value;";
(b) after paragraph (b) insert--
10 "(c) support the effective and sustainable
recruitment, development and retention
of volunteer officers and members to
deliver capability in the provision of the
Authority's services.".
15 47 Recognition of Authority as a volunteer-based
organisation
In section 6F of the Country Fire
Authority Act 1958, for "first and foremost a
volunteer-based organisation, in which volunteer
20 officers and members are supported by employees
in a fully integrated manner" substitute "a fully
volunteer fire fighting service, supported where
necessary by paid staff".
48 New section inserted
25 After section 20AA of the Country Fire
Authority Act 1958 insert--
"20AB Powers relating to volunteer brigades
located in the Fire Rescue Victoria fire
district
30 (1) This section sets out the powers exercisable
under this Act in relation to volunteer
brigades located in the Fire Rescue Victoria
fire district for the purposes of--
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(a) the duty of the Authority set out in
section 20 in relation to the prevention
and suppression of fires and the
protection of life and property in case
5 of fire so far as relates to the country
area of Victoria; and
(b) any other function, power or duty of the
Authority set out in this Act or any
other Act.
10 (2) The Authority may exercise powers under
the following provisions in relation to
volunteer brigades located in the Fire Rescue
Victoria fire district--
(a) section 20AA(2)(a) and (g) (agreements
15 or arrangements for goods and
services);
(b) section 21(1) (purchasing stations, etc.);
(c) section 23(1)(a), (b), (c), (d), (e), (f)
and (k) (registration etc. of brigades);
20 (d) section 102(1) (collecting contributions
etc.);
(e) section 109A (appointment of
deputies).
(3) The Chief Officer may exercise powers
25 under the following provisions in relation to
volunteer brigades located in the Fire Rescue
Victoria fire district--
(a) section 27(2) (powers of order and
control over brigades, etc.);
30 (b) section 29(a) (summoning brigades for
practice);
(c) section 29(b), (c) and (e) (inspection of
brigades, control of property, inquiries
and reports).
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(4) The Authority, the Chief Officer, any officer
exercising the powers of the Chief Officer,
or an officer or member of a brigade, may
exercise powers under section 96 (water
5 usage) in relation to volunteer brigades
located in the Fire Rescue Victoria fire
district.
(5) Section 92 (immunity) applies in relation to
the exercise of powers, in accordance with
10 this section, in relation to volunteer brigades
located in the Fire Rescue Victoria fire
district.".
49 Immunity for officers etc.
In section 18A of the Country Fire Authority
15 Act 1958, after "(not being a volunteer officer or
member)" insert ", and any officer or employee or
class of officers or employees of Fire Rescue
Victoria made available to the Authority under
section 25B of the Fire Rescue Victoria
20 Act 1958,".
50 Immunity provision
After section 92(1)(d) of the Country Fire
Authority Act 1958, insert--
"(da) an officer or employee or class of officers or
25 employees of Fire Rescue Victoria made
available to the Authority under section 25B
of the Fire Rescue Victoria Act 1958;".
51 Delegation
In section 109B of the Country Fire Authority
30 Act 1958, for "or to any officer or employee or
class of officers of employees of the Authority"
substitute ", to any officer or employee or class of
officers or employees of the Authority, or to any
officer or employee or class of officers or
35 employees of Fire Rescue Victoria made
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Rescue Victoria fire district
available to the Authority under section 25B of
the Fire Rescue Victoria Act 1958".
52 Regulations
After section 110(1)(x) of the Country Fire
5 Authority Act 1958 insert--
"(y) for and in relation to the performance of
functions and the exercise of powers by any
person under a provision of this Act in
relation to volunteer brigades located in the
10 Fire Rescue Victoria fire district;".
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Part 6--Transitional provisions
53 New sections inserted
After section 98 of the Principal Act insert--
"Transitional provisions relating to the
5 Firefighters' Presumptive Rights
Compensation and Fire Services Legislation
Amendment (Reform) Act 2017
98A Definitions
In sections 99 to 120--
10 approval date has the meaning given by
section 105(5);
commencing day means the day on which
Part 3 of the Firefighters'
Presumptive Rights Compensation
15 and Fire Services Legislation
Amendment (Reform) Act 2017
commences;
Country Fire Authority instrument means
an instrument (including a legislative
20 instrument other than this Act) or an
oral agreement subsisting immediately
before the approval date--
(a) to which the Country Fire
Authority was a party; or
25 (b) that was given to, or in favour of,
the Country Fire Authority; or
(c) that refers to the Country Fire
Authority; or
(d) under which--
30 (i) money is, or may become,
payable to the Country Fire
Authority; or
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(ii) other property is to be, or
may become liable to be,
transferred to or by the
Country Fire Authority;
5 instrument includes a document and an oral
agreement;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
10 property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
description;
15 rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective;
the transitional provisions means
sections 99 to 120.
20 99 Fire Rescue Victoria
On the commencing day--
(a) the Metropolitan Fire and Emergency
Services Board is abolished and its
members go out of office; and
25 (b) Fire Rescue Victoria is the successor in
law of the Metropolitan Fire and
Emergency Services Board; and
(c) all rights, assets, liabilities and
obligations of the Metropolitan Fire
30 and Emergency Services Board
immediately before its abolition
become rights, assets, liabilities and
obligations of Fire Rescue Victoria; and
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(d) Fire Rescue Victoria is substituted for
the Metropolitan Fire Brigades Board
as a party in any proceedings, contract,
agreement or arrangement commenced
5 or made by or against or in relation to
the Metropolitan Fire and Emergency
Services Board; and
(e) Fire Rescue Victoria may continue and
complete any other continuing matter
10 or thing commenced by or against or in
relation to the Metropolitan Fire and
Emergency Services Board.
100 Fire Rescue Commissioner
On the commencing day--
15 (a) the offices of Chief Officer and Chief
Executive Officer are abolished and the
holders of those offices go out of
office; and
(b) the Fire Rescue Commissioner is the
20 successor in law of the Chief Officer or
the Chief Executive Officer (as the case
requires); and
(c) all rights, assets, liabilities and
obligations of the Chief Officer or the
25 Chief Executive Officer become rights,
assets, liabilities and obligations of the
Fire Rescue Commissioner; and
(d) the Fire Rescue Commissioner is
substituted for the Chief Officer or the
30 Chief Executive Officer as a party in
any proceedings, contract, agreement or
arrangement commenced or made by or
against or in relation to the Chief
Officer or the Chief Executive Officer
35 (as the case requires); and
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(e) Fire Rescue Victoria may continue and
complete any other continuing matter
or thing commenced by or against or in
relation to the Chief Officer or the
5 Chief Executive Officer (as the case
requires).
101 Transfer of staff
(1) A person (referred to in this section as a
transferred employee) employed by the
10 Chief Officer, Chief Executive Officer or the
Metropolitan Fire and Emergency Services
Board immediately before the commencing
day is to be regarded as--
(a) having been employed by Fire Rescue
15 Victoria with effect from the
commencing day; and
(b) having been so employed on the same
terms and conditions as those that
applied to him or her, immediately
20 before the commencing day, as an
employee of the Chief Officer, Chief
Executive Officer or the Metropolitan
Fire and Emergency Services Board
(as the case requires); and
25 (c) having accrued an entitlement to
benefits in connection with that
employment that is equivalent to the
entitlement that he or she had accrued,
as an employee of the Chief Officer,
30 Chief Executive Officer or the
Metropolitan Fire and Emergency
Services Board (as the case requires)
immediately before the commencing
day.
35
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(2) The service of a transferred employee as an
employee of Fire Rescue Victoria is to be
regarded for all purposes as having been
continuous with the service of the transferred
5 employee, immediately before the
commencing day, as an employee of the
Chief Officer, the Chief Executive Officer or
the Metropolitan Fire Emergency Services
Board (as the case requires).
10 (3) A transferred employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an
employee of the Chief Officer, the Chief
Executive Officer or the Metropolitan Fire
15 and Emergency Services Board (as the case
requires) because of this section.
(4) Nothing in this section prevents--
(a) any of the terms and conditions of
employment of a transferred employee
20 being altered by or under any law,
award or agreement with effect from
any time after the commencing day; or
(b) a transferred employee from resigning
or being dismissed at any time after the
25 commencing day in accordance with
the then existing terms and conditions
of the transferred employee's
employment with Fire Rescue Victoria.
102 Transfer of Country Fire Authority staff
30 (1) A person (referred to in this section as a
transferred employee)--
(a) who was appointed to perform
functions under the Country Fire
Authority Act 1958, whether by the
35 Chief Officer or the Country Fire
Authority under section 17 of the
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Country Fire Authority Act 1958 or
otherwise, immediately before the
commencing day; and
(b) to whom the following apply
5 immediately before the commencing
day--
(i) the transferred employee was
performing a transferred function
specified in column 1 of the table
10 in Schedule 3; and
(ii) the transferred employee was
performing that function at an
integrated fire station, or Country
Fire Authority premises, at an
15 address or location set out in
column 2 of the table in
Schedule 3; and
(iii) the transferred employee belonged
to a staff classification specified in
20 column 3 of the table in
Schedule 3--
is to be regarded as--
(c) having been employed by Fire Rescue
Victoria with effect from the
25 commencing day; and
(d) having been so employed on the same
terms and conditions as those that
applied him or her, immediately before
the commencing day, as an employee
30 of the Chief Officer or the Country Fire
Authority under section 17 of the
Country Fire Authority Act 1958 or
otherwise; and
(e) having accrued an entitlement to
35 benefits in connection with that
employment that is equivalent to the
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entitlement that he or she had accrued,
as an employee of the Chief Officer or
the Country Fire Authority under
section 17 of the Country Fire
5 Authority Act 1958 or otherwise,
immediately before the commencing
day.
(2) The service of a transferred employee as an
employee of Fire Rescue Victoria is to be
10 regarded for all purposes as having been
continuous with the service of the transferred
employee, immediately before the
commencing day, as an employee of the
Chief Officer or the Country Fire Authority
15 under section 17 of the Country Fire
Authority Act 1958 or otherwise.
(3) A transferred employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an
20 employee of the Chief Officer or the Country
Fire Authority under section 17 of the
Country Fire Authority Act 1958 or
otherwise because of this section.
(4) Nothing in this section prevents--
25 (a) any of the terms and conditions of
employment of a transferred employee
being altered by or under any law,
award or agreement with effect from
any time after the commencing day; or
30 (b) a transferred employee from resigning
or being dismissed at any time after the
commencing day in accordance with
the then existing terms and conditions
of the transferred employee's
35 employment.
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103 Transfer of other Country Fire Authority
staff
(1) The Minister may direct the Country Fire
Authority to transfer a person, or persons
5 included in a class of persons, to the
employment of Fire Rescue Victoria on and
from the day specified in the direction, if the
person or persons--
(a) were employed to perform functions or
10 duties under the Country Fire
Authority Act 1958, whether by the
Chief Officer or the Country Fire
Authority under section 17 of the
Country Fire Authority Act 1958 or
15 otherwise, immediately before the
commencing day; and
(b) were not transferred to Fire Rescue
Victoria because of the operation of
section 102.
20 (2) If the Minister gives a direction under
subsection (1) in relation to a person, or
persons included in a class of persons--
(a) the person or persons are taken to have
been employed by Fire Rescue Victoria
25 with effect from the day specified in the
direction; and
(b) section 102 applies as if--
(i) the person had been transferred
under that section; and
30 (ii) references in that section to the
commencing day were references
to the day specified in the
direction.
(3) The Minister must not give a direction under
35 subsection (1) on or after 1 September 2018.
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104 Superseded references
(1) On and after the commencing day, in any
Act (other than this Act), or in any
instrument made under any Act or in any
5 other document of any kind--
(a) a reference to the Metropolitan Fire and
Emergency Services Board is taken to
be a reference to Fire Rescue Victoria;
and
10 (b) a reference to the Chief Officer of the
Metropolitan Fire and Emergency
Services or the Chief Executive Officer
of the Metropolitan Fire and
Emergency Services Board is taken to
15 be a reference to the Fire Rescue
Commissioner; and
(c) a reference to the metropolitan district
or the metropolitan fire district is taken
to be a reference to the Fire Rescue
20 Victoria fire district.
(2) To avoid doubt, in this section a reference to
the Metropolitan Fire and Emergency
Services Board, the Chief Officer of the
Metropolitan Fire and Emergency Services
25 or the Chief Executive Officer of the
Metropolitan Fire and Emergency Services
Board includes deemed references under
section 99 of this Act.
105 Minister may direct Country Fire
30 Authority to give an allocation statement
(1) The Minister may give a direction to the
Country Fire Authority requiring the
Country Fire Authority to give to the
Minister a statement (an allocation
35 statement) that--
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(a) sets out the property, rights, liabilities
and obligations of the Country Fire
Authority that are to be allocated to
Fire Rescue Victoria on the approval
5 date, which must be property, rights,
liabilities and obligations of the
Country Fire Authority that relate to
the following--
(i) one or more integrated fire
10 stations or Country Fire Authority
premises situated at an address or
location set out in column 2 of the
table in Schedule 3;
(ii) staff assigned to such a station or
15 such stations or premises; and
(b) identifies the location of any such
property of the Country Fire Authority
and identifies the rights, liabilities and
obligations; and
20 (c) allocates that property and those rights,
liabilities and obligations to Fire
Rescue Victoria; and
(d) includes such other information about
that property and those rights, liabilities
25 and obligations (other than information
about their value) as is specified in the
direction.
(2) Without limiting subsection (1), a direction
under subsection (1) may specify either or
30 both of the following--
(a) the property, rights, liabilities and
obligations of the Country Fire
Authority;
(b) one or more classes of property, rights,
35 liabilities and obligations of the
Country Fire Authority--
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that are to be allocated to Fire Rescue
Victoria on the approval date, which must be
property, rights, liabilities and obligations or
classes of property, rights, liabilities and
5 obligations of the Country Fire Authority
that relate to either or both of the
following--
(c) one or more integrated fire stations or
Country Fire Authority premises
10 situated at an address or location set out
in column 2 of the table in Schedule 3;
(d) staff assigned to such a station or such
stations or premises.
(3) Despite subsection (1) and (2), a direction
15 under subsection (1) must not have the effect
that any of the following are to be allocated
to Fire Rescue Victoria--
(a) a property that is a Victorian
Emergency Management Training
20 Centre;
(b) a property that is a Country Fire
Authority District Headquarter.
(4) If the Minister gives a direction to the
Country Fire Authority under subsection (1),
25 the Country Fire Authority must give the
allocation statement required by the direction
to the Minister before the end of the period
specified in the direction.
(5) The Minister may approve the allocation
30 statement.
(6) If the Minister approves the allocation
statement--
(a) the Minister must sign the statement;
and
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(b) the date on which the Minister signs the
allocation statement is the approval
date.
(7) The Minister may give more than one
5 direction under subsection (1), but must not
give a direction on or after 1 July 2019.
106 Property, rights and liabilities allocated in
accordance with allocation statement
On the approval date of an allocation
10 statement--
(a) all property and rights of the Country
Fire Authority, wherever located, that
are allocated under the allocation
statement, vest in Fire Rescue Victoria
15 in accordance with the allocation
statement; and
(b) all liabilities of the Country Fire
Authority, wherever located, that are
allocated under the allocation statement
20 become liabilities of Fire Rescue
Victoria in accordance with the
allocation statement.
107 Allocation subject to encumbrances
Unless an allocation statement otherwise
25 provides, if property and rights vest in Fire
Rescue Victoria or liabilities become
liabilities of Fire Rescue Victoria under the
allocation statement--
(a) the property and rights so vested are
30 subject to the encumbrances (if any) to
which they were subject immediately
before so vesting; and
(b) the rights to which the Country Fire
Authority was entitled in respect of
35 those liabilities immediately before
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they ceased to be liabilities of the
Country Fire Authority vest in Fire
Rescue Victoria.
108 Substitution of party to agreement
5 If, under an allocation statement, the rights
and liabilities of the Country Fire Authority
under an agreement are allocated to Fire
Rescue Victoria--
(a) Fire Rescue Victoria becomes, on the
10 approval date of the allocation
statement, a party to the agreement in
place of the Country Fire Authority;
and
(b) on and after the approval date of the
15 allocation statement, the agreement has
effect as if Fire Rescue Victoria had
always been a party to the agreement.
109 Country Fire Authority instruments
Unless an allocation statement otherwise
20 provides, each instrument relating to
property, rights or liabilities allocated to
Fire Rescue Victoria under the allocation
statement continues to have effect according
to its tenor, on and after the approval date of
25 the allocation statement, as if a reference in
the instrument to the Country Fire Authority
were a reference to Fire Rescue Victoria.
110 Proceedings
Unless an allocation statement otherwise
30 provides if, immediately before the approval
date of the allocation statement, proceedings
relating to property, rights or liabilities
allocated to Fire Rescue Victoria (including
arbitration proceedings) to which the
35 Country Fire Authority was a party were
pending or existing in any court or tribunal
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then, on and after the approval date, Fire
Rescue Victoria--
(a) is substituted for the Country Fire
Authority as a party to the proceedings;
5 and
(b) has the same rights in the proceedings
as the Country Fire Authority had.
111 Interests in land
Without affecting the generality of the
10 transitional provisions and despite anything
to the contrary in any other Act (other than
the Charter of Human Rights and
Responsibilities Act 2006) or law, if,
immediately before the approval date for an
15 allocation statement, the Country Fire
Authority is, in relation to property, rights or
liabilities allocated to Fire Rescue Victoria,
the registered proprietor of an interest in land
under the Transfer of Land Act 1958, then
20 on and after the approval date--
(a) Fire Rescue Victoria is taken to be the
registered proprietor of that interest in
land; and
(b) Fire Rescue Victoria has the same
25 rights and remedies in respect of that
interest as the Country Fire Authority
had.
112 Easements
If Fire Rescue Victoria acquires any right in
30 the nature of an easement as a result of an
allocation under the transitional provisions,
that right is taken to be an easement even
though there is no land vested in Fire Rescue
Victoria which is benefited, or capable of
35 being benefited, by that right.
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113 Action by Registrar of Titles
On being requested to do so and on delivery
of any relevant instrument, the Registrar of
Titles must make any recordings in the
5 Register that are necessary because of the
operation of the transitional provisions.
114 Taxes
No stamp duty or other tax is chargeable
under any Act in respect of anything done
10 under the transitional provisions or in respect
of any act or transaction connected with or
necessary to be done because of the
transitional provisions, including a
transaction entered into or an instrument
15 made, executed, lodged or given, for the
purpose of, or connected with the transfer of
property, rights or liabilities under an
allocation statement.
115 Evidence
20 (1) Documentary or other evidence that would
have been admissible for or against the
interests of the Country Fire Authority in
relation to property, rights or liabilities
allocated to Fire Rescue Victoria under an
25 allocation statement is admissible for or
against the interests of Fire Rescue Victoria.
(2) The Evidence Act 2008 applies with respect
to the books of account of the Country Fire
Authority and to entries made in those books
30 of account before the approval date for an
allocation statement, whether or not they
relate to Fire Rescue Victoria property, as if
those books of account and entries were
business records of Fire Rescue Victoria.
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116 Validity of things done under the
transitional provisions
Nothing effected by, or done or suffered
under, the transitional provisions--
5 (a) is to be regarded as placing any person
in breach of contract or confidence or
as otherwise making any person guilty
of a civil wrong; or
(b) is to be regarded as placing any person
10 in a breach of or as constituting a
default under any Act (other than the
Charter of Human Rights and
Responsibilities Act 2006) or other
law or any provision in any agreement,
15 arrangement or understanding
including, without limiting the
generality of the foregoing, any
provision prohibiting, restricting or
regulating the assignment or transfer of
20 any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
condition which allows a person to
exercise a right or remedy in respect of
25 or to terminate any agreement or
obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
30 the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
property, right or liability; or
(e) is to be regarded as causing any
35 contract or instrument to be void or
otherwise unenforceable; or
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(f) is to be regarded as frustrating any
contract; or
(g) releases any surety or other obligee
wholly or in part from any obligation.
5 117 Transitional provision relating to the Fire
Services Property Levy Act 2012
(1) Despite the amendments made by the
Firefighters' Presumptive Rights
Compensation and Fire Services
10 Legislation Amendment (Reform)
Act 2017, for the purposes of calculating the
levy for the levy year commencing on 1 July
2017 or 1 July 2018 under section 14 of the
Fire Services Property Levy Act 2012--
15 (a) a reference in the Fire Services
Property Levy Act 2012 to the Fire
Rescue Victoria fire district is taken to
be a reference to the metropolitan fire
district within the meaning of this Act
20 as in force immediately before the
commencing day; and
(b) a reference in the Fire Services
Property Levy Act 2012 to the
country area of Victoria is taken to be a
25 reference to the country area of Victoria
within the meaning of that Act as in
force immediately before the
commencing day.
(2) In this section--
30 levy has the meaning given by section 3 of
the Fire Services Property Levy
Act 2012; and
levy year has the meaning given by section 3
of the Fire Services Property Levy
35 Act 2012.
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118 Transitional provision relating to insignias
An insignia prescribed for the purposes of
section 34(1)(pa) is taken for all purposes to
be an insignia of Fire Rescue Victoria, on
5 and after the commencing day, until a new
insignia is prescribed.
119 Transitional regulations
(1) The Governor in Council may make
regulations containing provisions of a
10 transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of the Firefighters'
Presumptive Rights Compensation and
Fire Services Legislation Amendment
15 (Reform) Act 2017.
(2) Without limiting subsection (1), the
regulations may make provision for or in
relation to--
(a) persons employed by the Country Fire
20 Authority or the Chief Officer of the
Country Fire Authority;
(b) the sale, transfer or disposal of property
property, rights, liabilities and
obligations of the Country Fire
25 Authority to Fire Rescue Victoria or
otherwise.
(3) Regulations under this section may--
(a) have a retrospective effect to a day on
or after a day not earlier than the day on
30 which this Act receives the Royal
Assent; and
(b) be of limited or general application; and
(c) differ according to time, place or
circumstance; and
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(d) leave any matter or thing to be decided
by a specified person or class of person.
(4) To the extent to which any provision of the
regulations takes effect from a date that is
5 earlier than the date of its making, the
provision does not operate so as--
(a) to affect, in a manner prejudicial to any
person (other than the State or an
authority of the State), the rights of that
10 person existing before the date of its
making; or
(b) to impose liabilities on any person
(other than the State or an authority of
the State) in respect of anything done or
15 omitted to be done before the date of its
making.
(5) Regulations under this section have effect
despite anything to the contrary in any Act
(other than this Act or the Charter of
20 Human Rights and Responsibilities
Act 2006) or in any subordinate instrument.
(6) Sections 6 and 7 of the Subordinate
Legislation Act 1994 do not apply to any
regulations made under this section.
25 (7) This section expires on 1 July 2019.
120 Renaming of Act--Savings provision
(1) On and from the commencing day, any
reference in any Act (other than this Act),
regulation, subordinate instrument, or other
30 document whatsoever to the Metropolitan
Fire Brigades Act 1958 is to be construed as
a reference to the Fire Rescue Victoria
Act 1958, unless the contrary intention
appears.
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(2) Except as in this Act expressly or by
necessary implication provided, all persons,
things and circumstances appointed or
created by or under this Act or existing or
5 continuing under this Act immediately
before the commencing day continue under
and subject to this Act to have the same
status, operation and effect as they
respectively would have had if this Act had
10 not been amended by section 23 of this Act.
(3) Nothing in this section limits or otherwise
affects the operation of the Interpretation of
Legislation Act 1984.".
54 New Schedule 3 inserted
15 After the Second Schedule to the Principal Act
insert--
"Schedule 3
Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
1 Prevention Ballarat City Operations Officers
and 1120 Sturt Street, (Officer in charge of the
suppression Ballarat Victoria Integrated Brigades)
of fires 3350 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
2 Prevention Belmont Operations Officers
and 2-4 Reynolds Road, (Officer in charge of the
suppression Belmont Victoria Integrated Brigades)
of fires 3216 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
3 Prevention Bendigo Operations Officers
and 145-149 Hargreaves (Officer in charge of the
suppression Street, Bendigo Integrated Brigades)
of fires Victoria 3550 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
4 Prevention Boronia Operations Officers
and 296-306 Boronia (Officer in charge of the
suppression Road, Boronia Integrated Brigades)
of fires Victoria 3155 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
5 Prevention Caroline Springs Operations Officers
and 8-10 Caroline (Officer in charge of the
suppression Springs Boulevard, Integrated Brigades)
of fires Caroline Springs Senior Station Officers
Victoria 3012 (On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
6 Prevention Corio Operations Officers
and 20-32 Birdwood (Officer in charge of the
suppression Avenue, Norlane Integrated Brigades)
of fires Victoria 3214 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
7 Prevention Craigieburn Operations Officers
and 2 Belsay Place, (Officer in charge of the
suppression Craigieburn Victoria Integrated Brigades)
of fires 3064 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
8 Prevention Cranbourne Operations Officers
and 8-10 Arundel Street, (Officer in charge of the
suppression Cranbourne Victoria Integrated Brigades)
of fires 3977 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
9 Prevention Dandenong Operations Officers
and 186-194 Princes (Officer in charge of the
suppression Highway, Integrated Brigades)
of fires Dandenong Victoria Senior Station Officers
3175 (On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
10 Prevention Eltham Operations Officers
and 61 Brougham Street, (Officer in charge of the
suppression Eltham Victoria Integrated Brigades)
of fires 3095 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
11 Prevention Frankston Operations Officers
and 3 Cranbourne Road, (Officer in charge of the
suppression Frankston Victoria Integrated Brigades)
of fires 3199 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
12 Prevention Geelong City Operations Officers
and 69 McKillop Street, (Officer in charge of the
suppression Geelong Victoria Integrated Brigades)
of fires 3220 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
13 Prevention Greenvale Operations Officers
and 33 Barrymore Road, (Officer in charge of the
suppression Greenvale Victoria Integrated Brigades)
of fires 3059 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
14 Prevention Hallam Operations Officers
and 12-14 Hallam- (Officer in charge of the
suppression Belgrave Road, Integrated Brigades)
of fires Hallam Victoria Senior Station Officers
3803 (On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
15 Prevention Hoppers Crossing Operations Officers
and 119 Derrimut Road, (Officer in charge of the
suppression Werribee Victoria Integrated Brigades)
of fires 3030 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
16 Prevention Melton Operations Officers
and 40-44 Henry Street, (Officer in charge of the
suppression Melton Victoria Integrated Brigades)
of fires 3337 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
17 Prevention Mildura Operations Officers
and 326 San Mateo (Officer in charge of the
suppression Avenue, Mildura Integrated Brigades)
of fires Victoria 3500 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
18 Prevention Mornington Operations Officers
and 859 Nepean (Officer in charge of the
suppression Highway, Integrated Brigades)
of fires Mornington Victoria Senior Station Officers
3931 (On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
19 Prevention Morwell Operations Officers
and 26 Mcdonald Street, (Officer in charge of the
suppression Morwell Victoria Integrated Brigades)
of fires 3840 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
20 Prevention Ocean Grove Operations Officers
and 5-11 Shell Road, (Officer in charge of the
suppression Ocean Grove Integrated Brigades)
of fires Victoria 3226 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
21 Prevention Pakenham Operations Officers
and 780 Princes (Officer in charge of the
suppression Highway, Pakenham Integrated Brigades)
of fires Victoria 3810 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
22 Prevention Patterson River Operations Officers
and 37 McLeod Road, (Officer in charge of the
suppression Carrum Victoria Integrated Brigades)
of fires 3197 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
23 Prevention Point Cook Operations Officers
and 83-93 Dunnings (Officer in charge of the
suppression Road, Point Cook Integrated Brigades)
of fires Victoria 3030 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
24 Prevention Portland Operations Officers
and 130 Percy Street, (Officer in charge of the
suppression Portland Victoria Integrated Brigades)
of fires 3305 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
25 Prevention Rosebud Operations Officers
and 99-101 Boneo Road, (Officer in charge of the
suppression Rosebud Victoria Integrated Brigades)
of fires 3939 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
26 Prevention Rowville Operations Officers
and 1063 Wellington (Officer in charge of the
suppression Road, Rowville Integrated Brigades)
of fires Victoria 3178 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
27 Prevention Shepparton Operations Officers
and 268 Maude Street, (Officer in charge of the
suppression Shepparton Victoria Integrated Brigades)
of fires 3630 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
28 Prevention South Morang Operations Officers
and 875 Plenty Road, (Officer in charge of the
suppression South Morang Integrated Brigades)
of fires Victoria 3752 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
29 Prevention South Warrandyte Operations Officers
and 29 Falconer Road, (Officer in charge of the
suppression Park Orchards Integrated Brigades)
of fires Victoria 3114 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
30 Prevention Springvale Operations Officers
and 518 Springvale (Officer in charge of the
suppression Road, Springvale Integrated Brigades)
of fires South Victoria 3172 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Part 6--Transitional provisions
Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
31 Prevention Sunbury Operations Officers
and 144 Gap Road, (Officer in charge of the
suppression Sunbury Victoria Integrated Brigades)
of fires 3429 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
32 Prevention Traralgon Operations Officers
and 158 Princes Street, (Officer in charge of the
suppression Traralgon Victoria Integrated Brigades)
of fires 3844 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
33 Prevention Wangaratta Operations Officers
and 26-30 Handley (Officer in charge of the
suppression Street, Wangaratta Integrated Brigades)
of fires Victoria 3677 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
34 Prevention Warrnambool Operations Officers
and 61-67 Mortlake (Officer in charge of the
suppression Road, Warrnambool Integrated Brigades)
of fires Victoria 3280 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Part 6--Transitional provisions
Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
35 Prevention Wodonga Operations Officers
and 37-39 Stanley (Officer in charge of the
suppression Street, Wodonga Integrated Brigades)
of fires Victoria 3690 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
36 Liaison Morwell Operations Officer -
between the 203 Hazelwood Critical Infrastructure
fire services Road, Morwell
and the Victoria 3840
power
generation
industry
including the
responsibility
for these risks
and the
planning and
preparedness
for response
to these risks
37 Prevention Victorian Recruit Fire Fighters
and Emergency
suppression Management
of fires Training Centre--
CRAIGIEBURN
284-290 Hume
Highway,
Craigieburn Victoria
3064
38 Provision of All locations in Senior Instructors
training to Victoria Instructors
Integrated
Practical Area (Drill)
Brigades
Operators
".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
55 Purposes
In section 2(a) of the Principal Act, for
5 "metropolitan district" substitute "Fire Rescue
Victoria fire district".
56 Duties and powers of councils and public authorities
in relation to fire
In section 5(1) of the Principal Act, for
10 "metropolitan district" substitute "Fire Rescue
Victoria fire district".
57 Municipal fire prevention officers and assistants
In section 5A(1) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
15 Victoria fire district".
58 Functions of Board
(1) In section 7(1) of the Principal Act--
(a) for "the Board" (where twice occurring)
substitute "Fire Rescue Victoria";
20 (b) for "metropolitan district"(where twice
occurring) substitute "Fire Rescue Victoria
fire district".
(2) In section 7(2) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
25 (3) In section 7(3) of the Principal Act--
(a) for "the Board" substitute "Fire Rescue
Victoria";
(b) for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
59 Duty to assist in major emergency
In section 7AA of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
5 60 Objective
In section 7A of the Principal Act, for
"the Board", substitute "Fire Rescue Victoria".
61 Emergency Management Victoria
In section 7AB of the Principal Act, for
10 "The Board" substitute "Fire Rescue Victoria".
62 Compliance with operational standards of
Emergency Management Commissioner
In section 7AC of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
15 63 Report on compliance with operational standards
developed by the Emergency Management
Commissioner
(1) In section 7AD(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
20 (2) In section 7AD(2) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
64 Strategic Action Plan
(1) In section 7AE of the Principal Act, for
"The Board" (wherever occurring) substitute
25 "Fire Rescue Victoria".
(2) In section 7AE of the Principal Act, for
"the Authority" substitute "Fire Rescue Victoria"
(3) In section 7AE(4) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
65 Compliance with incident management operating
procedures
In section 7B of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
5 66 Power to purchase and sell property
(1) In section 24(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 24 of the Principal Act, for "the Board"
(wherever occurring) substitute "Fire Rescue
10 Victoria".
67 Power to acquire land
(1) In section 24A(1) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(2) In section 24A(2)(a) of the Principal Act, for
15 "Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria Act 1958".
(3) In section 24A(2)(b) of the Principal Act, for
"the Metropolitan Fire and Emergency Services
Board" substitute "Fire Rescue Victoria".
20 68 Power of delegation
(1) In section 24B of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 24B of the Principal Act, for
"the Board" (where twice occurring) substitute
25 "Fire Rescue Victoria".
69 General powers of Board
(1) In section 25A(1) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(2) In section 25A(2) of the Principal Act, for
30 "the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
(3) In section 25A(2)(g) of the Principal Act, for
"the Board's" substitute "Fire Rescue Victoria's".
(4) In section 25A(3)(a) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
5 (5) In section 25A(3) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(6) In section 25A(4) of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
10 (7) In section 25A(4A) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
70 Formation of units
(1) In section 26(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
15 (2) In section 26(2) of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
(3) In section 26(3) of the Principal Act, for
"the Chief Officer" substitute "Fire Rescue
20 Victoria".
71 Copies of annual report and special report
(1) In section 27(1) of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
25 (2) In section 27(2) of the Principal Act, for
"The Board must if required by the Minister
give the Minister a special report" substitute
"Fire Rescue Victoria must, if required by the
Minister, give the Minister information or a
30 report".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
72 Delegation of powers by Chief Officer
(1) In section 31A of the Principal Act, for
"Chief Officer" (where twice occurring)
substitute "Fire Rescue Commissioner".
5 (2) In section 31A of the Principal Act omit
"approved by the Board".
(3) In the heading to section 31A of the Principal Act
for "Chief Officer" substitute "Fire Rescue
Victoria".
10 73 Powers of Chief Officer
In section 32 of the Principal Act--
(a) for "the Chief Officer" (where twice
occurring) substitute "Fire Rescue
Victoria";
15 (b) for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
74 Duty to warn the community
In section 32AA of the Principal Act--
(a) for "The Chief Officer" (where twice
20 occurring) substitute "Fire Rescue
Victoria";
(b) for "the Chief Officer" substitute
"Fire Rescue Victoria";
(c) for "metropolitan district" substitute
25 "Fire Rescue Victoria fire district".
75 Action on alarm of fire
(1) In section 32B of the Principal Act--
(a) for "the Chief Officer", (wherever occurring)
substitute "Fire Rescue Victoria";
30 (b) for "metropolitan district" (where twice
occurring) substitute "Fire Rescue Victoria
fire district";
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Amendment (Reform) Bill 2017
Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
(2) In section 32B(6) of the Principal Act for
"Chief Officer" substitute "Fire Rescue Victoria".
76 Destruction of building by Chief Officer
(1) In section 32C(1) and (1A) of the Principal Act,
5 for "the Chief Officer" (wherever occurring)
substitute "Fire Rescue Victoria".
(2) In section 32C(2) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(3) In section 32C(3) and (4) of the Principal Act,
10 for "the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
(4) In the heading to section 32C of the Principal Act
for "Chief Officer" substitute "Fire Rescue
Commissioner".
15 77 False alarm of fire
(1) In section 32D(1) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
(2) In section 32D(2) and (4) of the Principal Act, for
20 "The Board" substitute "Fire Rescue Victoria".
(3) In section 32D of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
78 False report of fire
25 (1) In section 33(1) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
(2) In section 33(2) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
30 79 Power to make regulations
(1) In section 34(1)(i) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
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Amendment (Reform) Bill 2017
Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
(2) In section 34(1)(b), (ba), (c), (n) and (o)(i) and (ii)
of the Principal Act, for "the Board" (wherever
occurring) substitute "Fire Rescue Victoria".
(3) In section 34(1)(o)(iii) of the Principal Act, for
5 "the Board or by members or employees of the
Board" substitute "Fire Rescue Victoria or
employees of Fire Rescue Victoria".
(4) In section 34(1)(ob) and (pa) of the Principal Act,
for "the Board" substitute "Fire Rescue Victoria".
10 80 Annual estimate of expenditure and revenue
(1) In section 36(1) of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
(2) In section 36(1A) of the Principal Act, for
15 "The Board" substitute "Fire Rescue Victoria".
81 Contributions towards annual expenditure
In section 37(2) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
82 Borrowing by Board
20 (1) In section 46(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 46 of the Principal Act, for "the Board"
(wherever occurring) substitute "Fire Rescue
Victoria".
25 83 Power of Minister in case of default of Board
In section 47 of the Principal Act, for "the Board"
(wherever occurring) substitute "Fire Rescue
Victoria".
84 Guarantee of debentures etc. of Board
30 In section 47A of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
85 Board may establish funds
In section 51 of the Principal Act, for "The Board"
substitute "Fire Rescue Victoria".
86 Investment by Board
5 (1) In section 51A of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 51A of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
87 Units to be registered
10 In section 52 of the Principal Act, for "the Board"
(where twice occurring) substitute "Fire Rescue
Victoria".
88 Damage to be covered by fire insurance
In section 54(1)(a) of the Principal Act, for
15 "Chief Officer" substitute "Fire Rescue
Commissioner".
89 Immunity from certain liabilities
In section 54A of the Principal Act, for
"Chief Officer" substitute "Fire Rescue
20 Commissioner".
90 Board is a protection agency
In section 55 of the Principal Act, for "The Board"
substitute "Fire Rescue Victoria".
91 Board may provide rescue and extrication services
25 In section 55A of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
92 Board may provide road accident rescue service
In section 55B of the Principal Act, for
"The Board" (where twice occurring) substitute
30 "Fire Rescue Victoria".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
93 Board may provide protection services
In section 55C of the Principal Act, for
"The Board" (where twice occurring) substitute
"Fire Rescue Victoria".
5 94 Board may provide emergency prevention and
response service
In section 55D of the Principal Act--
(a) for "the Board" (where twice occurring)
substitute "Fire Rescue Victoria";
10 (b) for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
95 Activities outside metropolitan district
(1) In section 55E of the Principal Act--
(a) for "the Board" (wherever occurring)
15 substitute "Fire Rescue Victoria";
(b) for "metropolitan district" (wherever
occurring) substitute "Fire Rescue Victoria
fire district".
(2) In section 55E(4) of the Principal Act, for
20 "Chief Officer" (where twice occurring)
substitute "Fire Rescue Commissioner and
Fire Rescue Victoria".
(3) In the heading to section 55E of the Principal
Act for "metropolitan district" substitute
25 "Fire Rescue Victoria fire district".
96 Extension and application of Act
(1) In section 56 of the Principal Act, for "the Board"
substitute "Fire Rescue Victoria".
(2) In section 56 of the Principal Act, for
30 "Chief Officer" substitute "Fire Rescue
Commissioner".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
97 Rights to water
(1) In section 59 of the Principal Act, for "The Board"
substitute "Fire Rescue Victoria".
(2) In section 59 of the Principal Act, for "the Board"
5 substitute "Fire Rescue Victoria".
98 Collection of contributions for units
In section 60 of the Principal Act, for "the Board"
(where twice occurring) substitute "Fire Rescue
Victoria".
10 99 Regulation of height of buildings
In section 64 of the Principal Act for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
100 Recovery of charges for services
15 (1) In section 66A of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
(2) In section 66A(2) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
20 101 Place where fire occurs
(1) In section 71(1) of the Principal Act, for
"The Board or the Chief Officer" substitute
"Fire Rescue Victoria".
(2) In section 71(2) of the Principal Act--
25 (a) for "The Board or Chief Officer" substitute
"Fire Rescue Victoria";
(b) for "the Board's or the Officer's" substitute
"Fire Rescue Victoria's";
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
(3) In section 71(3) of the Principal Act, for
"the Board or Chief Officer " (wherever
occurring) substitute "Fire Rescue Victoria".
(4) In section 71(5) of the Principal Act, for
5 "the Board or the Chief Officer" (where twice
occurring) substitute "Fire Rescue Victoria".
(5) In section 71 of the Principal Act, for
"metropolitan district" (where twice occurring)
substitute "Fire Rescue Victoria fire district".
10 102 Board or unit may carry out fire prevention work
(1) In section 72(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 72(2) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
15 (3) In section 72(3) of the Principal Act, for
"the Chief Officer" substitute "Fire Rescue
Victoria".
(4) In the heading to section 72 of the Principal Act
for "Board" substitute "Fire Rescue Victoria".
20 103 Interstate fire brigades and international fire
brigades
(1) In section 72A(1) of the Principal Act--
(a) for "metropolitan district" (wherever
occurring) substitute "Fire Rescue Victoria
25 fire district";
(b) for paragraph (b) and the words after
paragraph (b) from and including "the Chief
Officer" to and including "fire." substitute--
"(b) obey any orders given to him or her by
30 Fire Rescue Victoria.".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
(2) In section 72A(2) of the Principal Act--
(a) for "the Chief Officer or the senior member
of the operational staff in charge of the fire
fighting operations is not present at the fire,
5 then, until the arrival of the Chief Officer or
senior member of the operational staff"
substitute "Fire Rescue Victoria is not
present at the fire, then until the arrival of
Fire Rescue Victoria";
10 (b) for "the Chief Officer" (where third
occurring) substitute "Fire Rescue Victoria".
(3) In section 72A(3) of the Principal Act, for
"metropolitan district" (wherever occurring)
substitute "Fire Rescue Victoria fire district".
15 (4) In section 72A(4) of the Principal Act--
(a) for "the Chief Officer or the senior member
of the operational staff who is in charge of
the fire fighting operations and is present at
the fire" substitute "Fire Rescue Victoria";
20 (b) for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
104 Documents signed by President or Deputy President
to be evidence
(1) In section 75 of the Principal Act, for "the Board"
25 (where first and thirdly occurring) substitute
"Fire Rescue Victoria".
(2) In section 75 of the Principal Act, for
"the President or the Deputy President of the
Board" substitute "the Fire Rescue
30 Commissioner".
(3) In the heading to section 75 of the Principal Act
for "President or Deputy President" substitute
"Fire Rescue Commissioner".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
105 Offences relating to impersonation
In section 75A of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
5 106 Damage or interference with fire indicator panel or
other apparatus
(1) In section 75B(4) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(2) In section 75B(5) of the Principal Act, in the
10 definition of fire indicator panel, for "the Board"
substitute "Fire Rescue Victoria".
107 Obstruction of fire officers and damage to
apparatus
(1) In section 75C(1)(a) of the Principal Act, for
15 "Chief Officer" substitute "Fire Rescue
Commissioner".
(2) In section 75C(1)(b) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
108 Recovery and application of penalties
20 (1) In section 77(1)(b) of the Principal Act, for
"the Chief Officer, by any person authorised by
the Board" substitute "Fire Rescue Victoria, by
any person authorised by Fire Rescue Victoria".
(2) In section 77(2) and (4) of the Principal Act, for
25 "the Board" substitute "Fire Rescue Victoria".
(3) In section 77(3)(b) of the Principal Act, for
"the Chief Officer, to the Board" substitute
"Fire Rescue Victoria, to Fire Rescue Victoria".
109 Alarm monitoring service to provide prescribed
30 information
(1) In section 78(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
(2) In section 78 of the Principal Act, for "the Board"
(where twice occurring) substitute "Fire Rescue
Victoria".
110 Laying of charges
5 In section 78B(2) of the Principal Act, for
"The Chief Executive Officer" substitute
"Fire Rescue Victoria".
111 Hearing of charges
In section 78C of the Principal Act, for
10 "Chief Executive Officer" (wherever occurring)
substitute "Fire Rescue Commissioner".
112 Decision of Chief Executive Officer
In section 78D of the Principal Act, for
"Chief Executive Officer" (where twice occurring)
15 substitute "Fire Rescue Commissioner".
113 Rights of appeal
(1) In section 79H(a) of the Principal Act, for
"Chief Executive Officer" substitute "Fire Rescue
Commissioner".
20 (2) In section 79H(c) of the Principal Act, for
"the Board" "substitute "Fire Rescue Victoria".
114 Assistants in proceedings
In section 79K of the Principal Act, for "the Board
or the Chief Executive Officer" (where twice
25 occurring) substitute "Fire Rescue Victoria".
115 Appeals against transfer
In section 79O(1) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
116 Promotion appeals
30 (1) In section 79P of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
(2) In section 79P(2) of the Principal Act, for
"the Metropolitan Fire and Emergency Service"
substitute "Fire Rescue Victoria".
117 Board and Chief Executive Officer
5 In section 79R of the Principal Act, for
"The Board and the Chief Executive Officer"
substitute "Fire Rescue Victoria".
118 Definition
In section 80 of the Principal Act, in the definition
10 of service, for "the Board" (where twice
occurring) substitute "Fire Rescue Victoria".
119 Entitlement to long service leave
In section 81 of the Principal Act, for "the Board"
(wherever occurring) substitute "Fire Rescue
15 Victoria".
120 Payment in lieu of long service leave
In section 81A of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
20 121 Leave not to affect Board's activities
(1) In section 82 of the Principal Act, for "The Board"
substitute "Fire Rescue Victoria".
(2) In section 82 of the Principal Act, for "the Board"
substitute "Fire Rescue Victoria".
25 122 Provision in case of death before or during long
service leave
In section 84 of the Principal Act, for "the Board"
substitute "Fire Rescue Victoria".
123 Fire prevention notices
30 In section 87(1) for "metropolitan district"
substitute "Fire Rescue Victoria fire district".
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Metropolitan Fire Brigades Act 1958
124 Service of notices
In section 88(5)(b) of the Principal Act, for
"the Chief Officer, by the Board" substitute
"Fire Rescue Victoria, by Fire Rescue Victoria".
5 125 Appeal against notices
(1) In section 90 of the Principal Act, for
"the Chief Officer" (wherever occurring)
substitute "Fire Rescue Victoria".
(2) In section 90(2) of the Principal Act, for
10 "The Chief Officer" substitute "Fire Rescue
Victoria".
126 Fire prevention infringement notices
In section 92(8)(b) of the Principal Act, for
"the Chief Officer" (where twice occurring)
15 substitute "Fire Rescue Victoria".
127 Issue of notices by Chief Officer
(1) In section 93 of the Principal Act, for
"Chief Officer" (wherever occurring) substitute
"Fire Rescue Commissioner".
20 (2) In section 93(2)(b) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
128 Consequential amendments--headings
(1) In the Principal Act, for the heading--
(a) immediately before section 4 substitute
25 "Fire Rescue Victoria fire district";
(b) immediately before section 6 substitute
"Fire Rescue Victoria";
(c) immediately before section 24 substitute
"General powers and duties of Fire Rescue
30 Victoria";
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
(d) immediately before section 28 repeal
"Chief Executive Officer and Chief
Officer".
(2) Insert the following headings to the following
5 sections in the Principal Act--
(a) to section 4--"Fire Rescue Victoria fire
district";
(b) to section 7--"Functions of Fire Rescue
Victoria";
10 (c) to section 17--"Immunity of Fire Rescue
Commissioner";
(d) to section 25A--"General powers of Fire
Rescue Victoria";
(e) to section 25B--"Employees of Fire Rescue
15 Victoria";
(f) to section 31A--"Delegation of powers by
Fire Rescue Commissioner";
(g) to section 32--"Powers of access";
(h) to section 32C--"Destruction of buildings
20 by Fire Rescue Victoria";
(i) to section 46--"Borrowing by Fire Rescue
Victoria";
(j) to section 47--"Power of Minister in case
of default";
25 (k) to section 47A--"Guarantee of debentures
of Fire Rescue Victoria";
(l) to section 51--"Fire Rescue Victoria may
establish funds";
(m) to section 51A--"Investment by Fire
30 Rescue Victoria";
(n) to section 55--"Fire Rescue Victoria is a
protection agency";
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Part 7--Consequential amendments of the
Metropolitan Fire Brigades Act 1958
(o) to section 55A--"Fire Rescue Victoria may
provide rescue and extrication services";
(p) to section 55B--"Fire Rescue Victoria may
provide road accident rescue services";
5 (q) to section 55C--"Fire Rescue Victoria may
provide protection services";
(r) to section 55D--"Fire Rescue Victoria may
provide emergency prevention and
response services";
10 (s) to section 55E--"Activities outside Fire
Rescue Victoria fire district";
(t) to section 72--"Fire Rescue Victoria or
unit may carry out fire prevention work";
(u) to section 75--"Documents signed by the
15 Fire Rescue Commissioner to be
evidence";
(v) to section 78D--"Decision of Fire Rescue
Commissioner";
(w) to section 79R--"Fire Rescue Victoria to
20 give effect to determination";
(x) to section 82--"Leave not affect Fire
Rescue Victoria's activities";
(y) to section 79R--"Issue of notices".
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Part 8--Consequential amendments of
other Acts
Division 1--Amendment of Borrowing and
Investment Powers Act 1987
5 129 Schedule 1
In Schedule 1 to the Borrowing and Investment
Powers Act 1987, for item 9 substitute--
"9. Fire Rescue Victoria 5, 8, 11, 11AA, 12, 14, 15, 20,
20A and 21".
Division 2--Amendment of Building Act 1993
130 Definitions
10 In section 3(1) of the Building Act 1993, in the
definition of chief officer, for paragraph (a)
and (b) substitute--
"(a) in relation to the Fire Rescue Victoria fire
district under the Fire Rescue Victoria
15 Act 1958, the Fire Rescue Commissioner;
and
(b) in relation to any building or land outside the
Fire Rescue Victoria fire district under the
Fire Rescue Victoria Act 1958, the Chief
20 Officer of the Country Fire Authority under
the Country Fire Authority Act 1958;
and".
131 Guidelines
For section 188(1)(d) of the Building Act 1993
25 substitute--
"(d) the circumstances in which a municipal
building surveyor or private building
surveyor should, in preparing a building
notice or building order, seek assistance from
30 the Fire Rescue Commissioner under the
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Fire Rescue Victoria Act 1958, the Chief
Officer under the Country Fire Authority
Act 1958 or any public authority.".
132 Membership and procedure
5 In section 210(2)(c) of the Building Act 1993,
for "Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria Act 1958".
133 General regulation-making powers
In section 261(1)(t)(ii) of the Building Act 1993,
10 for "the Metropolitan Fire Brigades Board"
substitute "Fire Rescue Victoria".
Division 3--Amendment of Coroners Act 2008
134 Definitions
(1) In section 3(1) of the Coroners Act 2008, the
15 definition of Metropolitan Fire and Emergency
Services Board is repealed.
(2) In section 3(1) of the Coroners Act 2008 insert
the following definition--
"Fire Rescue Victoria means Fire Rescue Victoria
20 established under the Fire Rescue Victoria
Act 1958;".
135 Fire authority request for fire investigation
(1) In section 30(1) and (1A) of the Coroners
Act 2008, for "Metropolitan Fire and Emergency
25 Services Board" substitute "Fire Rescue
Victoria".
(2) In section 30(3) of the Coroners Act 2008, for
"Board" substitute "Fire Rescue Victoria".
136 Fire authority to assist
30 In section 35 of the Coroners Act 2008, for
"Metropolitan Fire and Emergency Services
Board" substitute "Fire Rescue Victoria".
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Division 4--Amendment of Country Fire Authority
Act 1958
137 Definitions
(1) In section 3(1) of the Country Fire Authority
5 Act 1958, in the definition of country area of
Victoria, for "metropolitan district" substitute
"Fire Rescue Victoria fire district ".
(2) In section 3(1) of the Country Fire Authority
Act 1958 insert the following definition--
10 "Fire Rescue Victoria fire district has the
same meaning as it has in the Fire
Rescue Victoria Act 1958.".
(3) In section 3(1) of the Country Fire Authority
Act 1958, the definition of metropolitan district is
15 repealed.
138 Long service leave of officers etc.
In section 19(1) of the Country Fire Authority
Act 1958--
(a) for "Metropolitan Fire Brigades Act 1958"
20 substitute "Fire Rescue Victoria
Act 1958";
(b) in paragraph (a) for "the Board" substitute
"Fire Rescue Victoria;
(c) paragraphs (aa) and (b) are repealed.
25 139 Duty to assist in major emergency
In section 20AAA(2) of the Country Fire
Authority Act 1958, in the definition of
emergency agency, for paragraph (b)
substitute--
30 "(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
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140 Determination of sole responsibility for fire
suppression in certain areas
(1) In section 33(1)(a) of the Country Fire
Authority Act 1958, for "metropolitan district"
5 substitute "Fire Rescue Victoria fire district".
(2) In section 33(2)(a) of the Country Fire
Authority Act 1958, for "the Metropolitan Fire
and Emergency Services Board" substitute
"Fire Rescue Victoria".
10 (3) In section 33(2)(c) of the Country Fire
Authority Act 1958--
(a) for "metropolitan district" substitute
"Fire Rescue Victoria fire district";
(b) for "the Metropolitan Fire and Emergency
15 Services Board" (where twice occurring)
substitute "Fire Rescue Victoria".
141 Determination of sole responsibility for fire
prevention in certain areas
In section 36A(1) of the Country Fire Authority
20 Act 1958, for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
142 Provisions about total fire bans
In section 40(5)(a) of the Country Fire
Authority Act 1958 for "the metropolitan district,
25 by the Chief Officer of the Metropolitan and
Emergency Services" substitute "the Fire Rescue
Victoria fire district, by the Fire Rescue
Commissioner within the meaning of the Fire
Rescue Victoria Act 1958".
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143 Definitions
In section 62 of the Country Fire Authority
Act 1958 in the definition of officer in charge of
a brigade for "an officer of the Metropolitan and
5 Emergency Services Board" substitute "the Fire
Rescue Commissioner within the meaning of the
Fire Rescue Victoria Act 1958".
Division 5--Amendment of Dangerous Goods
Act 1985
10 144 Definitions
In section 3(1) of the Dangerous Goods
Act 1985--
(a) in the definition of Fire Authority, for
"Metropolitan Fire Brigades Act 1958"
15 substitute "Fire Rescue Victoria
Act 1958";
(b) in the definition of officer or member, for
"the Metropolitan Fire Brigades Board under
the Metropolitan Fire Brigades Act 1958"
20 substitute "Fire Rescue Victoria under the
Fire Rescue Victoria Act 1958".
145 Delegations
In section 10B(5)(b) of the Dangerous Goods
Act 1985, for "Metropolitan Fire Brigades
25 Act 1958" substitute "Fire Rescue Victoria
Act 1958".
146 Authority to send the information to relevant fire
authority
In section 28(1) of the Dangerous Goods
30 Act 1985, for "Chief Fire Officer of the
Metropolitan Fire Brigades" substitute
"Fire Rescue Commissioner of Fire Rescue
Victoria".
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Part 8--Consequential amendments of other Acts
Division 6--Amendment of Delivering Victorian
Infrastructure (Port of Melbourne Lease
Transaction) Act 2016
147 Schedule 1--Consequential amendments
5 In Schedule 1 to the Delivering Victorian
Infrastructure (Port of Melbourne Lease
Transaction) Act 2016, for the heading to item 6
substitute--
"Fire Rescue Victoria Act 1958".
10 Division 7--Amendment of EastLink Project
Act 2004
148 Emergency access to Project area
In section 239(2) of the EastLink Project
Act 2004, in the definition of emergency service,
15 for paragraph (b) substitute--
"(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
Division 8--Amendment of Electricity Safety
Act 1998
20 149 Definitions
In section 3 of the Electricity Safety Act 1998,
in the definition of fire control authority, for
paragraph (a) substitute--
"(a) Fire Rescue Victoria, if the area is within
25 the Fire Rescue Victoria fire district within
the meaning of the Fire Rescue Victoria
Act 1958; or".
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Division 9--Amendment of Emergency
Management Act 1986
150 Definitions
In section 4(1) of the Emergency Management
5 Act 1986, in the definition of emergency services
agency, for paragraph (b) substitute--
"(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
Division 10--Amendment of Emergency
10 Management Act 2013
151 Definitions
(1) In section 3 of the Emergency Management
Act 2013, the definition of Metropolitan Fire and
Emergency Services Board is repealed.
15 (2) In section 3 of the Emergency Management
Act 2013, in the definition of Chief Officer, for
paragraph (a)(i) substitute--
"(i) the Fire Rescue Commissioner of Fire
Rescue Victoria;".
20 (3) In section 3 of the Emergency Management
Act 2013--
(a) in paragraph (b) of the definition of Class 1
emergency, for "the Metropolitan Fire and
Emergency Services Board" substitute
25 "Fire Rescue Victoria";
(b) in paragraph (a) of the definition of fire
services agency, for "the Metropolitan Fire
and Emergency Services Board" substitute
"Fire Rescue Victoria";
30 (c) in paragraph (a) of the definition of
responder agency, for "the Metropolitan Fire
and Emergency Services Board" substitute
"Fire Rescue Victoria".
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(4) In section 3 of the Emergency Management
Act 2013 insert the following definition--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
5 Act 1958;".
152 Constitution of the State Crisis and Resilience
Council
For section 8(7)(a) of the Emergency
Management Act 2013 substitute--
10 "(a) Fire Rescue Victoria;".
153 Division to prevail
For section 41(b) of the Emergency
Management Act 2013 substitute--
"(b) section 55E of the Fire Rescue Victoria
15 Act 1958;".
Division 11--Amendment of Emergency Services
Superannuation Act 1986
154 Membership of the Board
In section 7(1)(b) of the Emergency Services
20 Superannuation Act 1986, for "the Metropolitan
Fire and Emergency Services Board" substitute
"Fire Rescue Victoria".
155 Scheme may be supplemented by Consolidated
Fund
25 In section 20(1)(ab) of the Emergency Services
Superannuation Act 1986--
(a) for "the Metropolitan Fire and Emergency
Services Board" substitute "Fire Rescue
Victoria";
30 (b) for "Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria
Act 1958".
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Part 8--Consequential amendments of other Acts
Division 12--Amendment of Emergency Services
Telecommunications Authority Act 2004
156 Definitions
(1) In section 3 of the Emergency Services
5 Telecommunications Authority Act 2004, in
the definition of emergency services and other
related services organisation, for paragraph (c)
substitute--
"(c) Fire Rescue Victoria;".
10 (2) In section 3 of the Emergency Services
Telecommunications Authority Act 2004 the
definition of Metropolitan Fire and Emergency
Services Board is repealed.
(3) In section 3 of the Emergency Services
15 Telecommunications Authority Act 2004 insert
the following definition--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958;".
20 157 Advisory committee
In section 21(2)(f) of the Emergency Services
Telecommunications Authority Act 2004, for
"the Metropolitan Fire and Emergency Services
Board" substitute "Fire Rescue Victoria".
25 Division 13--Amendment of Firearms Act 1996
158 Schedule 3--Non-prohibited persons who are
exempt from requirement to hold a licence under
Part 2
In Schedule 3 to the Firearms Act 1996, in
30 item 16, for "the Metropolitan Fire and
Emergency Services Board" substitute
"Fire Rescue Victoria".
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Part 8--Consequential amendments of other Acts
Division 14--Amendment of Fire Services Property
Levy Act 2012
159 Purpose
In section 1(a) of the Fire Services Property
5 Levy Act 2012, for "the Metropolitan Fire and
Emergency Services Board" substitute
"Fire Rescue Victoria".
160 Definitions
(1) In section 3 of the Fire Services Property Levy
10 Act 2012, the definition of MFB is repealed.
(2) In section 3 of the Fire Services Property Levy
Act 2012, the definition of metropolitan fire
district is repealed.
(3) In section 3 of the Fire Services Property Levy
15 Act 2012 insert the following definitions--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958;
Fire Rescue Victoria fire district has the same
20 meaning as it has in section 4 of the Fire
Rescue Victoria Act 1958;".
(4) In section 3 of the Fire Services Property Levy
Act 2012, in the definition of country area of
Victoria for "metropolitan fire district" substitute
25 "Fire Rescue Victoria fire district".
161 Determination of levy rates
(1) In section 12(2)(b) of the Fire Services Property
Levy Act 2012, for "each levy year subsequent to
the 2013-14 levy year" substitute "for the
30 2014-2015, 2015-2016, 2016-2017 and
2017-2018 levy years".
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(2) In section 12(2)(b)(v) of the Fire Services
Property Levy Act 2012, for "rates." substitute
"rates;".
(3) After section 12(2)(b) of the Fire Services
5 Property Levy Act 2012 insert--
"(c) in the case of the levy rates for each levy
year subsequent to the 2017−2018 levy
year--
(i) the funding requirements of Fire
10 Rescue Victoria and the CFA in the
levy year in which a determination
under subsection (1) is to be made and
any likely changes to the funding
requirements of Fire Rescue Victoria
15 and the CFA in the following levy year;
and
(ii) any surplus financial assets for the Fire
Rescue Victoria and the CFA; and
(iii) any shortfall in the collection of the
20 levy; and
(iv) the administrative costs of collection
agencies in performing functions under
this Act; and
(v) any other matter the Minister considers
25 is relevant to the proper determination
of the levy rates.
(4) In section 12(3) of the Fire Services Property
Levy Act 2012, for "and (2)(b)(iv)" substitute
", (2)(b)(iv) and (2)(c)(iv)".
30 162 Levy rates based on location of leviable land
In section 14 of the Fire Services Property
Levy Act 2012, for "metropolitan fire district"
(wherever occurring) substitute "Fire Rescue
Victoria fire district".
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163 Permitted disclosures to particular persons
In section 65(d)(v) of the Fire Services
Property Levy Act 2012, for "the MFB"
substitute "Fire Rescue Victoria".
5 Division 15--Amendment of Gas Safety Act 1997
164 Mandatory reporting of gas incidents
In section 36(3) of the Gas Safety Act 1997, for
"Chief Officer of the Metropolitan Fire and
Emergency Services" substitute "Fire Rescue
10 Commissioner of Fire Rescue Victoria".
Division 16--Amendment of Housing Act 1983
165 Insurance
In section 36A(8) of the Housing Act 1983--
(a) in paragraph (a), for "Metropolitan Fire
15 Brigades Act 1958" substitute
"Fire Rescue Victoria Act 1958";
(b) in paragraph (c), for "the Metropolitan Fire
Brigades Board" substitute "Fire Rescue
Victoria".
20 Division 17--Amendment of Local Government
Act 1989
166 What land is rateable?
In section 154(3)(c) of the Local Government
Act 1989, for "the Metropolitan Fire Brigades
25 Board" substitute "Fire Rescue Victoria".
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Part 8--Consequential amendments of other Acts
Division 18--Amendment of Liquor Control
Reform Act 1998
167 Definitions
(1) In section 148S of the Liquor Control Reform
5 Act 1998, in the definition of Chief Officer, for
paragraph (a) substitute--
"(a) in relation to licensed premises in the Fire
Rescue Victoria fire district (within the
meaning of the Fire Rescue Victoria
10 Act 1958), the Fire Rescue Commissioner
appointed under the Fire Rescue Victoria
Act 1958; or".
(2) In section 148S of the Liquor Control Reform
Act 1998, in the definition of emergency, for
15 "Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria Act 1958".
168 Appointment of fire safety inspector
In section 148T of the Liquor Control Reform
Act 1998, for paragraph (a) substitute--
20 "(a) who is a person employed by Fire Rescue
Victoria under section 25B of the Fire
Rescue Victoria Act 1958; or".
169 Disclosure of information for enforcement purposes
In section 148ZS(3)(a) of the Liquor Control
25 Reform Act 1998, for "Metropolitan Fire
Brigades Act 1958" substitute "Fire Rescue
Victoria Act 1958".
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Part 8--Consequential amendments of other Acts
Division 19--Amendment of Marine Safety
Act 2010
170 Consultation required before making a
determination
5 In section 202C(f) of the Marine Safety
Act 2010, for "the Metropolitan Fire and
Emergency Services Board" substitute
"Fire Rescue Victoria".
Division 20--Amendment of National Electricity
10 (Victoria) Act 2005
171 Definitions
(1) In section 13 of the National Electricity
(Victoria) Act 2005, the definition of
Metropolitan Fire and Emergency Services
15 Board is repealed.
(2) In section 13 of the National Electricity
(Victoria) Act 2005, in the definition of relevant
entity, for paragraph (d) substitute--
"(d) Fire Rescue Victoria;".
20 (3) In section 13 of the National Electricity
(Victoria) Act 2005 insert the following
definition--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
25 Act 1958;".
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Part 8--Consequential amendments of other Acts
Division 21--Amendment of Residential Tenancies
Act 1997
172 Authorised persons
(1) In section 525(2B) of the Residential Tenancies
5 Act 1997--
(a) for "Chief Officer within the meaning of the
Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Commissioner
within the meaning of the Fire Rescue
10 Victoria Act 1958";
(b) in paragraph (b), for "the Metropolitan
Fire and Emergency Services" substitute
"Fire Rescue Victoria".
(2) In section 525(4B) of the Residential Tenancies
15 Act 1997, for "Chief Officer within the meaning
of the Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Commissioner within the
meaning of the Fire Rescue Victoria Act 1958".
(3) For section 525(5)(f) of the Residential
20 Tenancies Act 1997 substitute--
"(f) if the identity card is issued by the Fire
Rescue Commissioner within the meaning of
the Fire Rescue Victoria Act 1958, be
signed by the Fire Rescue Commissioner.".
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Part 8--Consequential amendments of other Acts
Division 22--Amendment of Sentencing Act 1991
173 Custodial sentence for certain offences against
emergency workers and custodial officers on duty
In section 10AA(8) of the Sentencing Act 1991,
5 in the definition of emergency worker, for
paragraph (d) substitute--
"(d) a person employed by Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958 or a member of a fire or emergency
10 service unit established under that Act; or".
174 Definitions
(1) In section 87C of the Sentencing Act 1991, in the
definition of emergency service agency, for
paragraph (b) substitute--
15 "(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958; or".
(2) In section 87C of the Sentencing Act 1991, in the
definition of emergency service worker, for
paragraph (d) substitute--
20 "(d) a person employed by Fire Rescue Victoria
under the Fire Rescue Victoria Act 1958 or
a member of a fire or emergency service unit
established under that Act; or".
Division 23--Amendment of Taxation
25 Administration Act 1997
175 Permitted disclosures to particular persons or for
particular purposes
In section 92(1)(e)(vd) of the Taxation
Administration Act 1997, for "the Metropolitan
30 Fire and Emergency Services Board" substitute
"Fire Rescue Victoria".
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Part 8--Consequential amendments of other Acts
Division 24--Amendment of Terrorism
(Community Protection) Act 2003
176 Definitions
In section 15 of the Terrorism (Community
5 Protection) Act 2003, in the definition of
emergency services agency, for paragraph (b)
substitute--
"(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
10 Division 25--Amendment of Victoria State
Emergency Service Act 2005
177 Duty to assist in major emergency
In section 6A(2) of the Victoria State
Emergency Service Act 2005, in the definition of
15 emergency agency, for paragraph (c) substitute--
"(c) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
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Part 9--Repeal of amending Parts
Part 9--Repeal of amending Parts
178 Repeal of amending Parts
Parts 3 to 9 are repealed on 1 July 2020.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Schedule 1
Schedule 1
Column 1 Column 2
Disease Qualifying period
1 Primary site brain cancer 5 years
2 Primary site bladder cancer 15 years
3 Primary site kidney cancer 15 years
4 Primary non-Hodgkins lymphoma 15 years
5 Primary leukemia 5 years
6 Primary site breast cancer 10 years
7 Primary site testicular cancer 10 years
8 Multiple myeloma 15 years
9 Primary site prostate cancer 15 years
10 Primary site ureter cancer 15 years
11 Primary site colorectal cancer 15 years
12 Primary site oesophageal cancer 25 years
═══════════════
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
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