Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Bill 2017 Explanatory Memoranda

Victorian Bills Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Bill 2017

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Bill 2017 Introduction Print EXPLANATORY MEMORANDUM General The purpose of the Bill is to-- • provide a rebuttable presumption to claim compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 for career firefighters and volunteer firefighters who are suffering, or will suffer, from specified forms of cancer; and • amend the Metropolitan Fire Brigades Act 1958 and Country Fire Authority Act 1958 to modernise Victoria's fire services framework, particularly as it relates to metropolitan areas. Clause Notes Part 1--Preliminary Clause 1 provides that the main purposes of the Bill are-- • to provide a rebuttable presumptive entitlement to compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) for career firefighters and volunteer firefighters suffering from specified forms of cancer; and 581130 1 BILL LA INTRODUCTION 24/5/2017

• to amend the Metropolitan Fire Brigades Act 1958 to-- • abolish the Metropolitan Fire and Emergency Services Board and establish Fire Rescue Victoria to take on its functions; • 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 establish the positions of Fire Rescue Commissioner and Deputy Fire Rescue Commissioner; • establish the Strategic Advisory Committee to advise the Fire Rescue Commissioner; • change the boundaries of the Fire Rescue Victoria fire district; and • provide a new mechanism for changing the boundaries of the Fire Rescue Victoria fire district by establishing the Fire District Review Panel to review the Fire Rescue Victoria fire district; • to amend the Country Fire Authority Act 1958 to-- • make it an objective of the Country Fire Authority to support the recruitment, development and retention of volunteer officers and members; • recognise the Country Fire Authority as a fully volunteer fire fighting service; and • allow certain functions to be performed and powers to be exercised within the Fire Rescue Victoria fire district to support co-location of volunteer brigades with Fire Rescue Victoria units; and • to make consequential and other amendments to other Acts. 2

Clause 2 sets out the commencement provisions for the Bill and provides that-- • Part 1 and Part 2, which relate to the rebuttable presumptive right entitlement, come into operation on the day after the day on which this Act receives the Royal Assent; and • the remaining provisions of the Bill, which relate to the modernisation of the fire services framework, come into operation on a day to be proclaimed. There is no default commencement date due to the possible need for various preparatory steps to be taken before the reforms commence. Clause 3 provides that in the Bill the Metropolitan Fire Brigades Act 1958 is called the Principal Act. Part 2--Firefighters' Presumptive Rights Compensation Division 1--Preliminary Clause 4 defines various terms in the Bill. Subclause (1) contains definitions of the following terms--advisory committee, Authority, career firefighter, CFA, firefighter, firefighting and volunteer firefighter. The definition of career firefighter identifies persons, to whom the presumptive entitlements in Division 2 of Part 2 of the Bill applies, as being persons who are or have previously been employed by a fire service as a firefighter in a role in which firefighting duties are or were a substantial portion. This will include firefighters employed by Fire Rescue Victoria, or by predecessor organisations under the Country Fire Authority Act 1958 or Metropolitan Fire Brigades Act 1958. The definition of firefighter applies to persons who fall within the definitions of the terms career firefighter and/or volunteer firefighter. The definition of firefighting means exposure to the hazards of a fire scene, including extinguishing, controlling or preventing the spread of fires. 3

The definition of volunteer firefighter identifies persons, to whom the presumptive entitlements in Part 3 of the Bill apply, as being person who are or were volunteer officers or members within the meaning of the CFA Act, and firefighting duties are or were a substantial portion of his or her duties. Subclause (2) states that a reference to employment in the Bill includes a reference to appointment. This is to ensure that the presumption applies to career firefighters who are appointed under the CFA Act. Clause 5 sets out the way the Bill should be construed. It clarifies that the Bill is to be read as if it formed part of the WIRC Act; that, if there is any inconsistency between this Bill and the WIRC Act, this Bill will prevail to the extent of the inconsistency; and that words and expressions defined in Clause 4 of the Bill will have the same meaning as they have in the WIRC Act, unless inconsistent with the context or subject-matter. It provides that if a firefighter satisfies the presumption under Division 2 or 3, their disease is taken to be an injury within the meaning of the WIRC Act. Division 2--Operation of presumption in relation to career firefighters Clause 6 establishes that career firefighters have a presumed entitlement to compensation under the WIRC Act if they are suffering from a cancer listed in the Table in Schedule 1 and if they meet certain qualifying requirements. The injury (meaning the relevant cancer) must have occurred on or after 1 June 2016. This application is consistent with the Victorian Government's election commitment to introduce a presumptive entitlement for firefighters within eighteen months following the 2014 Victorian election. The injury must occur while the worker is employed as a career firefighter or within 10 years after they last served or were employed as a firefighter. The worker must have been employed or served as a firefighter for at least the qualifying period listed for the relevant cancer in the Table in Schedule 1. 4

The presumptive entitlement to compensation may be rebutted if there is evidence that the relevant cancer is not due to the nature of the worker's employment as a firefighter. Subclause (2) provides that, for the purposes of the presumption under this provision, the injury is taken to have occurred either on the day on which the worker is first diagnosed with the relevant disease listed in Schedule 1, or dies by reason of the disease, whichever comes first. Clause 7 establishes that for the purposes of determining whether a career firefighter meets the qualifying period requirement, multiple different periods of employment as a career firefighter or service as a volunteer firefighter may be combined. However, concurrent periods of employment or service may not be counted twice. Clause 8 establishes that a firefighter is to be treated as a career firefighter, meaning that their claim is to be governed in accordance with Division 2 of Part 2 of the Bill, if they are currently employed as a career firefighter, if their most recent employment or service was employment as a career firefighter, or if the majority of their service period was as a career firefighter. For example, a firefighter who was employed for 20 years as a career firefighter before retiring and subsequently serving as a volunteer firefighter for 10 years should have their claim processed under this Division, as the majority of their service is as a career firefighter. Similarly, a volunteer firefighter who subsequently becomes a career firefighter would also have their claim processed under this Division, as their most recent service is as a career firefighter. Division 3--Operation of presumption in relation to volunteer firefighters Clause 9 establishes that volunteer firefighters have a presumed entitlement to compensation under the WIRC Act if they are suffering from a cancer listed in the Table in Schedule 1 and if they meet certain qualifying requirements. The injury (meaning the relevant cancer) must have occurred on or after 1 June 2016. This application is consistent with the Victorian Government's election commitment to introduce a 5

presumptive entitlement for firefighters within 18 months following the 2014 Victorian election. The injury must occur while the volunteer firefighter is serving as a volunteer firefighter or within 10 years after they last served as a firefighter. The volunteer firefighter must have served as a firefighter for at least the qualifying period listed for the relevant cancer in the Table in Schedule 1. Additionally, they must have attended fires to the extent reasonably necessary to fulfil their duties as a firefighter. The presumed entitlement to compensation may be rebutted if there is evidence that the relevant cancer is not due to the nature of the worker's service as a firefighter. Subclause (2) provides that, for the purposes of the presumption under this provision, the injury is taken to have occurred either on the day on which the worker is first diagnosed with the relevant disease listed in Schedule 1, or dies by reason of the disease, whichever comes first. Clause 10 establishes that for the purposes of determining whether a volunteer firefighter meets the qualifying period requirement, multiple different periods of employment as a career firefighter or service as a volunteer firefighter may be combined. However, concurrent periods of employment or service may not be counted twice. Clause 11 establishes that, subject to clause 8, a firefighter is to be treated as a volunteer firefighter, meaning that their claim is to be governed in accordance with Division 3 of Part 2 of the Bill, if they are currently serving as a volunteer firefighter or if their most recent employment or service was as a volunteer firefighter. To remove any ambiguity, if the majority of a firefighter's service is as a career firefighter, regardless of any time spent as a volunteer, they should be treated as a career firefighter and their claim should be assessed under Division 2 of Part 2 of the Bill. This Division does not apply to claims for such firefighters. Clause 12 establishes that the advisory committee will provide an expert opinion to the Authority as to whether the volunteer firefighter has attended fires to the extent reasonably necessary to fulfil their duties as a firefighter. 6

Subclause (2) outlines matters which the committee must have regard to in providing its advice, including relevant records, brigade records, CFA data, employer data and local knowledge, as well as any other matter specified in the regulations. In this subclause, employer means the fire service engaging the volunteer firefighter. This is consistent with the approach taken by the administrative committee established in Queensland to assist with establishing the evidence base for volunteer claims. Subclause (3) provides that the Authority must have regard to the committee's opinion, however it is not bound by the opinion. Division 4--Operation of presumption because of special consideration Clause 13 establishes an alternative "special consideration" presumptive entitlement for firefighters who have an injury that is a cancer referred to column 1 of the Table in Schedule 1 and who otherwise do not have a presumptive entitlement because they do not meet the relevant qualifying period requirements set out in clauses 6 and 9 of the Bill. In order to qualify for a "special consideration" presumptive entitlement, the firefighter must prove that they have personally had an exceptional exposure event in a firefighting capacity. Firefighters who intend to rely on this alternative presumptive entitlement must make an application for special consideration in accordance with clause 14 of this Bill. Clause 14 sets out the matters which must be considered in determining whether a firefighter had an exceptional exposure event. It requires regard to be given to the nature of the event. Regard must also be had to any relevant findings concerning the event from a coroner, court or other inquiry, to relevant records, brigade records, CFA data, employer data or local knowledge, and any other matter prescribed by the regulations. In this clause, employer means the fire service that employs a career firefighter or engages the services of a volunteer firefighter. Clause 15 sets out procedural requirements for making an application for special consideration, including the form of the application and the timeframes within which an application may be made. 7

Clause 16 sets out the procedure to be followed by the Authority in determining a claim for special consideration including timeframes the Authority must adhere to. The clause provides that applications for special consideration will only be determined if the Authority has rejected a claim for compensation. It is intended that the application for special consideration operates as a secondary recourse available to firefighters if their initial claim for compensation is rejected. The clause also establishes that the Authority must seek advice from the advisory committee in relation to applications for special consideration but is not required to make a determination consistent with the advice. Division 5--General Clause 17 confirms that if a firefighter has had an injury that occurred on or after 1 June 2016 and has, prior to the commencement of Part 2 of this Bill, made a claim in relation to that injury under the WIRC Act or the Country Fire Authority Regulations 2014 (CFA Regulations) which has been rejected, they are not prevented from making a new claim for compensation in accordance with this Bill. Clause 18 provides for volunteer presumptive entitlement claims to be governed under the WIRC Act. Claims for compensation by volunteer firefighters are normally managed by the CFA's Volunteer Compensation Scheme in accordance with the CFA Regulations. Subclauses (1)-(5) establish that where a volunteer firefighter has a presumptive entitlement to compensation under this Bill, their claim is to be made and governed under the WIRC Act as if they were a worker and their disease were an injury arising out of or in the course of their employment. Subclauses (6) and (7) explicitly provide for the administration of certain aspects of volunteer firefighter claims, which the WIRC Act does not otherwise adequately address. Specifically, clause (6) establishes a mechanism for determining the pre-injury average weekly earnings of a volunteer firefighter for the purposes of the WIRC Act. The WIRC Act does not otherwise provide for the calculation of pre-injury average weekly earnings for volunteers. Subclause (7) permits the Authority to take certain actions to assist the return to work of a volunteer firefighter. This recognises that employer return to work 8

obligations under the WIRC Act do not apply in relation to volunteer claims. Subclauses (8) and (9) require the Authority to pay compensation to volunteer firefighters out of the WorkCover Authority Fund, including any reasonable costs and expenses incurred in administering claims. Clause 19 governs the interaction between volunteer firefighters' duplicate entitlements under the WIRC Act and the CFA Regulations. Subclause (1) establishes that a volunteer firefighter is not entitled to make a compensation claim in respect of the same injury under the WIRC Act and the CFA Regulations at the same time. This ensures that there cannot be duplicate claims on foot at the same time. Subclauses (2) and (3) provide that, if a volunteer firefighter's presumptive entitlement claim is rejected they may still make a claim for compensation under the CFA Regulations in respect of the same injury without prejudice. This ensures that a volunteer firefighter is not disadvantaged if they make a presumptive entitlement claim which is rejected. Subclause (4) sets out an exception to subclauses (2) and (3) and provides that a volunteer firefighter is prevented from making a claim under the CFA Regulations where the Authority has rebutted their presumptive entitlement, by proving that the relevant cancer was not due to the nature of her or his service as a firefighter. This recognises that if cancer is not service related the volunteer firefighter will not have an entitlement under the CFA Regulations. Subclauses (5) and (6) provides that, if a volunteer firefighter's claim for compensation under the CFA Regulations is rejected, they may still make a presumptive entitlements claim in respect of the same injury without prejudice. This ensures that a volunteer firefighter is not disadvantaged if they make a claim under the CFA Regulations which is rejected. Subclause (7) confirms that a volunteer firefighter is not entitled to compensation in relation to the same injury under both the WIRC Act and Part 6 of the CFA Regulations. This ensures that volunteer firefighters do not have duplicate entitlements to compensation in relation to the same injury. 9

Subclause (8) allows the exchange of information between the Authority and the CFA in respect of a proceeding or claim for compensation by a volunteer firefighter in relation to the same injury under the WIRC Act and Part 6 of the CFA Regulations. Clause 20 provides for the establishment of an advisory committee, which will provide expert opinions to the Authority in regards to whether a volunteer firefighter has attended fires to the extent reasonably necessary to fulfil the purposes of their service, or whether a firefighter has had an exceptional exposure event. The clause also allows that certain matters relating to the constitution and administration of the advisory committee may be set out in regulations made under clause 22. Clause 21 authorises payments by the Authority out of the WorkCover Authority Fund and provides for matters relating to the administration of the Bill. The clause also provides that the WorkCover Authority Fund must be reimbursed out of the Consolidated Fund for any payments made under clause 17 in relation to volunteer firefighter claims, including any reasonable costs and expenses incurred in relation to the administration of these claims. Clause 22 authorises regulations to be made under this Bill. Subclause (1) is the general regulation-making power, enabling the Governor in Council to make regulations for or with respect to any matter or thing required or permitted by this Bill. Subclause (2) allows the regulations to confer powers or impose duties in connection with the regulations on any specified person or class of person; and to apply, adopt or incorporate, with or without modification, any matter contained in specified documents. Part 3--Amendments relating to the establishment of Fire Rescue Victoria Clause 23 renames the title of the Principal Act to the Fire Rescue Victoria Act 1958. Clause 24 substitutes "Fire Rescue Victoria" for "a Metropolitan Fire and Emergency Services Board". 10

Clause 25 subclause (1) inserts additional definitions into the Principal Act including-- Deputy Fire Rescue Commissioner which is defined to mean a Deputy Fire Rescue Commissioner appointed under section 9A(1). Fire Rescue Victoria which is defined to mean the authority established by section 6. Fire Rescue Commissioner which is defined to mean the Fire Rescue Commissioner appointed under section 9(1). Strategic Advisory Committee which is defined to mean the committee established by section 33A(1). Subclause (2) repeals the definitions of Board and Chief Officer as these positions are abolished under clauses 26 and 39, respectively. Subclause (3) replaces various references to the Board with Fire Rescue Victoria in section 3 of the Principal Act. Clause 26 substitutes a new section 6 of the Principal Act. Subsection (1) of new section 6 establishes Fire Rescue Victoria. Subsection (2) of new section 6 provides that Fire Rescue Victoria is constituted by the Fire Rescue Commissioner. Subsection (3) of new section 6 provides that Fire Rescue Victoria-- • is a body corporate with perpetual succession; • must have an official seal; • may sue and be sued in its corporate name; • may acquire, hold and dispose of real and personal property for the purpose of performing its functions; and • may do and suffer all acts and things that bodies corporate may by law do and suffer and that are necessary or incidental for the performance of its functions. 11

Clause 27 inserts the following two additional functions for Fire Rescue Victoria into section 7 of the Principal Act-- • implementing the fire and emergency services priorities of the Government; and • providing operational and management support to the Country Fire Authority. The function reflects the new powers outlined in clause 38. Clause 28 inserts a new section 7C into the Principal Act, which outlines the functions and powers of the Fire Rescue Commissioner and a Deputy Fire Rescue Commissioner. Subsection (1) of new section 7C provides that there is to be a Fire Rescue Commissioner and as many Deputy Fire Rescue Commissioners as the Governor in Council considers necessary; Subsection (2) of new section 7C provides that the Fire Rescue Commissioner has all the functions, duties and powers of Fire Rescue Victoria, as well as any other functions, duties and powers conferred on the Fire Rescue Commissioner by or under this Act or the regulations or any other Act or regulations under any other Act; Subsection (3) of new section 7C provides that 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. Subsection (4) of new section 7C provides that a Deputy Fire Rescue Commissioner has the functions, duties and powers that are delegated to him or her by the Fire Rescue Commissioner. Clause 29 substitutes a new section 8 into the Principal Act outlining the accountability of Fire Rescue Victoria and the Fire Rescue Commissioner. Subsection (1) of new section 8 provides that Fire Rescue Victoria and the Fire Rescue Commissioner are subject to the general direction and control of the Minister, including, but not limited to, the policies and priorities to be pursued by Fire Rescue Victoria and the Fire Rescue Commissioner. 12

Subsection (2) of new section 8 allows the Minister to give written directions to Fire Rescue Victoria and the Fire Rescue Commissioner. Subsection (3) of new section 8 limits the Minister's ability to issue directions in relation to operational functions and powers of Fire Rescue Victoria and the Fire Rescue Commissioner, including a number of specific operational provisions in the Principal Act. Subsection (4) of new section 8 limits the Minister's ability to give a direction in relation to the exercise of the powers of delegation under the Principal Act. Subsection (5) of new section 8 limits the Minister's ability to give a direction in relation to the organisational structure of Fire Rescue Victoria. This limitation reflects section 10(2)(e) of the Victoria Police Act 2013. Subsection (6) of new section 8 limits the Minister's ability to give a direction in relation to-- • the allocation or deployment of employees at particular locations; or • the establishment of fire units or emergency services units. Subsection (7) of new section 8 sets out the requirements for the Minister in giving a direction. Clause 30 substitutes a new section 9 into the Principal Act and inserts new sections 9A to 9G outlining a range of matters in relation to the Fire Rescue Commissioner and a Deputy Fire Rescue Commissioner. New section 9 outlines the appointment process for the Fire Rescue Commissioner. Subsection (1) of new section 9 provides that the Fire Rescue Commissioner is to be appointed by the Governor in Council, on the recommendation of the Minister. 13

Subsection (2) of new section 9 provides that the Governor in Council must not appoint a person as the Fire Rescue Commissioner unless the Governor in Council is satisfied that the person has appropriate management and operational expertise in-- • fire services; or • emergency services; or • a related field. Subsection (3) of new section 9 provides that the Fire Rescue Commissioner holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment. Subsection (4) of new section 9 sets out the entitlements of the Fire Rescue Commissioner. Subsection (5) of new section 9 allows the Fire Rescue Commissioner to be reappointed. Subsection (6) of new section 9 provides that the Fire Rescue Commissioner holds office on the terms and conditions specified in the instrument of his or her appointment. New section 9A outlines the appointment process for the Fire Rescue Commissioner. Subsection (1) of new section 9A provides that a Deputy Fire Rescue Commissioner is to be appointed by the Governor in Council, on the recommendation of the Minister. Subsection (2) of new section 9A provides that 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 appropriate management and operational expertise in-- • fire services; or • emergency services; or • a related field. Subsection (3) of new section 9A requires the Minister to consult the Fire Rescue Commissioner before recommending the appointment of a Deputy Fire Rescue Commissioner to the Governor in Council. 14

Subsection (4) of new section 9A provides that a Deputy Fire Rescue Commissioner holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment. Subsection (5) of new section 9A sets out the entitlements of a Deputy Fire Rescue Commissioner. Subsection (6) of new section 9A allows a Deputy Fire Rescue Commissioner to be reappointed. Subsection (7) of new section 9A provides that Deputy Fire Rescue Commissioner holds office on the terms and conditions specified in the instrument of his or her appointment. New section 9B outlines the conditions on which the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner ceases to hold office. New section 9C outlines the resignation requirements for the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner. New section 9D outlines how the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner can be removed from office. Subsection (2) of new section 9D requires the Minister to consult the Fire Rescue Commissioner before recommending the removal of a Deputy Fire Rescue Commissioner to the Governor in Council. New section 9E outlines the suspension process for the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner. Subsection (1) of new section 9E provides that the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner may be suspended from office by the Governor in Council. Subsection (2) of new section 9E provides that the Governor in Council must not suspend the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner unless the Governor in Council believes that grounds may exist for the removal of the Fire Rescue Commissioner or the Deputy Fire Rescue Commissioner under section 9D(1). 15

Subsection (3) of new section 9E provides that the Governor in Council may revoke the suspension of the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner at any time. Subsection (4) of new section 9E provides that if-- • the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner has been suspended; and • the Governor in Council has not revoked the suspension under subsection (3) during the period of 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 hold office before the end of that period. New section 9F sets out the process for appointing an acting Fire Rescue Commissioner. Subsection (1) of new section 9F provides that the Governor in Council may appoint a person to act as the Fire Rescue Commissioner for a period of not more than 12 months-- • during a vacancy in the office of the Fire Rescue Commissioner; or • during any period when the Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office. Subsection (2) of new section 9F provides that the Minister may appoint a person to act as the Fire Rescue Commissioner for a period of not more than 4 weeks-- • during a vacancy in the office of the Fire Rescue Commissioner; or • during any period when the Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office. 16

Subsection (3) of new section 9F requires that 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 appropriate management and operational expertise in-- • fire services; or • emergency services; or • a related field. Subsection (4) of new section 9F provides that a person appointed to act as the Fire Rescue Commissioner-- • holds office for the period specified in the instrument of appointment; • is entitled to the remuneration and allowances to which the Fire Rescue Commissioner would have been entitled; and • holds office on such other terms and conditions as are specified in the instrument of appointment. Subsection (5) of new section 9F provides that while a person is acting as the Fire Rescue Commissioner, the person has all the powers and may perform any of the functions of the Fire Rescue Commissioner. Subsection (6) of new section 9F provides that the Governor in Council may revoke an appointment under subsection (1) at any time. Subsection (7) of new section 9F provides that the Minister may revoke an appointment under subsection (2) at any time. Subsection (8) of new section 9F provides that a person appointed to act as the Fire Rescue Commissioner is eligible for reappointment. New section 9G sets out the process for appointing an acting Deputy Fire Rescue Commissioner. Subsection (1) of new section 9G provides that the Governor in Council may appoint a person to act as a Deputy Fire Rescue Commissioner for a period of not more than 12 months-- • during a vacancy in the office of a Deputy Fire Rescue Commissioner; or 17

• 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. Subsection (2) of new section 9G provides that the Fire Rescue Commissioner may appoint a person to act as a Deputy Fire Rescue Commissioner for a period of not more than 4 weeks-- • during a vacancy in the office of a Deputy Fire Rescue Commissioner; or • 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. Subsection (3) of new section 9G provides that 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 management and operational expertise in-- • fire services; or • emergency services; or • a related field. Subsection (4) of new section 9G provides that before appointing a person to act as a Deputy Fire Rescue Commissioner, the Governor in Council must be satisfied that the Minister has consulted the Fire Rescue Commissioner. Subsection (5) of new section 9G provides that a person appointed to act as a Deputy Fire Rescue Commissioner-- • holds office for the period specified in the instrument of appointment; and • is entitled to the remuneration and allowances to which a Deputy Fire Rescue Commissioner would have been entitled; and • holds office on such other terms and conditions as are specified in the instrument of appointment. Subsection (6) of new section 9G provides that 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. 18

Subsection (7) of new section 9G provides that the Governor in Council may revoke an appointment at any time. Subsection (8) of new section 9G provides that the Fire Rescue Commissioner may revoke an appointment at any time. Subsection (9) of new section 9G provides that a person appointed to act as a Deputy Fire Rescue Commissioner is eligible for reappointment. Clause 31 repeals sections 10, 11 and 11A of the Principal Act. These sections are no longer required as they relate to Board, which is abolished under the Bill. Clause 32 ensures that Public Administration Act 2004 applies to the Fire Rescue Commissioner and a Deputy Fire Rescue Commissioner. Clause 33 repeals sections 13, 14 and 15 of the Principal Act. These sections are no longer required as they relate to Board, which is abolished under the Bill. Clause 34 substitutes a new section 16 of the Principal Act. New section 16 gives Fire Rescue Victoria, the Fire Rescue Commissioner, a Deputy Fire Rescue Commissioner, an acting Fire Rescue Commissioner or an acting Deputy Fire Rescue Commissioner the existing protection for decisions of the Board in the Principal Act, where such decisions are affected by certain matters. Clause 35 relates to the existing immunity of members of the Board and applies the same immunity to Fire Rescue Victoria and the Fire Rescue Commissioner , where appropriate. Clause 36 repeals sections 18, 19 and 20 of the Principal Act. These sections are no longer required as they relate to Board, which is abolished under the Bill. Clause 37 substitutes a new section 21 into the Principal Act outlining the process for conflicts of interest. Subsection (1) of new section 21 provides that 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 practicable. 19

Subsection (2) of new section 21 provides that if the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner has made a conflict of interest declaration in relation to a matter, he or she must not take any further part in decisions relating to that matter, unless otherwise directed to do so by the Minister. Subsection (3) of new section 21 provides that for the purposes of this section, a person is 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 conditions. Clause 38 amends section 25B of the Principal Act and outlines the employment powers of Fire Rescue Victoria. Subclause (1) substitutes "Fire Rescue Victoria" for "The Board" in section 25B(1) of the Principal Act. Subclause (2) inserts new subsections (3) to (5) into section 25B of the Principal Act, which allows Fire Rescue Victoria to provide operational and management support to the Country Fire Authority. Subsection (3) of new section 25B provides that 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 available (whether on a full-time, part-time or other basis) to the Country Fire Authority. Subsection (4) of new section 25B provides that 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 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 and is not an officer or employee of the Country Fire Authority. Subsection (5) of new section 25B provides that nothing in section 25B or the Country Fire Authority Act 1958-- • empowers the Country Fire Authority, under section 17 of the Country Fire Authority Act 1958, to exercise a power in respect of an officer or employee of Fire Rescue Victoria made available (whether on a full-time, part-time or other basis) to the Country Fire Authority under subsection (3); or 20

• 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 of Fire Rescue Victoria made available (whether on a full-time, part-time or other basis) to the Country Fire Authority under subsection (3). The purpose of subsection (5) is to preserve the employment relationship between Fire Rescue Victoria and the officers and employees made available to the Country Fire Authority under new section 25B, by disapplying the employment provisions in the Country Fire Authority Act 1958. Clause 39 repeals section 28, 29, 30 and 31 of the Principal Act. These provisions are being repealed because the Fire Rescue Commissioner will replace the Chief Executive Officer and the Chief Officer of the Board. Clause 40 inserts new sections 33A to 33G into the Principal Act dealing with the Strategic Advisory Committee. Subsection (1) of new section 33A establishes the Strategic Advisory Committee. Subsection (2) of new section 33A provides that the Strategic Advisory Committee consists of up to 7 members appointed under section 33B. Subsection (3) of new section 33A provides that the Minister must appoint one of the members of the Strategic Advisory Committee to be the Chairperson of the Committee. New section 33B sets out the appointment requirements for the Strategic Advisory Committee. Subsection (1) of new section 33B provides that the members of the Strategic Advisory Committee are to appointed by the Minister. Subsection (2) of new section 33B provides that 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 including, but not limited to, the following matters-- • organisational governance, performance and culture; 21

• workforce diversity and flexibility; • fire or emergency services. Subsection (3) of new section 33B provides that 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. Subsection (4) of new section 33B sets out the entitlements of the members of the Strategic Advisory Committee. Subsection (5) of new section 33B provides that a member of the Strategic Advisory Committee is eligible for reappointment. Subsection (6) of new section 33B provides that a member of the Strategic Advisory Committee holds office on the terms and conditions specified in the instrument of his or her appointment. Subsection (7) of new section 33B provides that a member of the Strategic Advisory Committee who is a public sector employee is not entitled to remuneration in respect of his or her appointment as a member. Subsection (8) of new section 33B provides that 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 member. New section 33C provides that the Strategic Advisory Committee is a public entity for the purposes of the Public Administration Act 2004. New section 33D outlines the resignation and removal requirements for members of the Strategic Advisory Committee. New section 33E provides that a member of the Strategic Advisory Committee may be removed from office by Minister at any time and for any reason. New section 33F sets out the role of the Strategic Advisory Committee. New section 33G sets out the process for developing the terms of reference for the Strategic Advisory Committee. 22

Clause 41 inserts a new definition of officer into section 3 of the Country Fire Authority Act 1958 to include an employee or officer made available under new section 25B of the Principal Act. The inclusion of such employees or officers within the definition of officer is intended to ensure that they have the necessary functions, powers and duties under the Country Fire Authority Act 1958 to effectively provide operational and management support to the Country Fire Authority, while remaining employees of Fire Rescue Victoria. Part 4--Amendments relating to the Fire Rescue Victoria fire district Clause 42 amends the definitions in section 3(1) of the Principal Act. Subclause (1) inserts the following definitions into section 3(1) of the Principal Act-- change in fire risk which is defined to mean, in relation to the Fire Rescue Victoria fire district or the country area of Victoria-- • a change in land use or development 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 district or the country area of Victoria; • 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 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; • any other change in circumstances 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 district or the country area of Victoria. country area of Victoria which is defined to have the same meaning as in the Country Fire Authority Act 1958. Fire District Review Panel means the panel established by section 4A. 23

Fire Rescue Victoria fire district means the district specified in section 4(1). This replaces the current term metropolitan fire district. industrial body means an organisation within the meaning of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; and review of the Fire Rescue Victoria fire district means a review conducted under section 4F. Subclause (2) repeals the definition of metropolitan district in section 3(1) of the Principal Act. Clause 43 establishes the new Fire Rescue Victoria fire district. Subclause (1) amends section 4(1) of the Principal Act to reflect the fact that the Second Schedule--as amended by clause 45-- contains a reference to a map, rather than individual municipal districts. Subclause (2) replaces references in section 4(2) of the Principal Act from metropolitan fire district to Fire Rescue Victoria fire district. Subclause (3) repeals sections 4(3) to 4(6) of the Principal Act. These sections outline the current process for changing the metropolitan fire district. However, this process is replaced with a new process under clause 44. Clause 44 inserts new sections 4A to 4N into the Principal Act establishing the Fire District Review Panel and outlining the new process for amending the Fire Rescue Victoria fire district. Subsection (1) of new section 4A establishes the Fire District Review Panel. Subsection (2) of new section 4B provides that the Fire District Review Panel consists of three members appointed under section 4C. Subsection (3) of new section 4B provides that the Minister must appoint one of the members of the Fire District Review Panel to be the Chairperson of the Panel. New section 4B provides that the Fire District Review Panel is a public entity for the purposes of the Public Administration Act 2004. 24

New section 4C outlines the appointment process for the members of the Fire District Review Panel. Subsection (1) of new section 4C provides that the members of the Fire District Review Panel are to be appointed by the Minister. Subsection (2) of new section 4C provides that the Minister must not appoint a person as a member of the Fire District Review Panel unless the Minister is satisfied that-- • the person has significant and substantial expertise in and experience in fire response, fire management, emergency management or another relevant field; and • the person is able to make an informed and independent assessment of the matters to be considered by the Panel. Subsection (3) of new section 4C provides that the Minister must not appoint a person as a member of the Fire District Review Panel if the person is-- • an officer or employee of a fire services agency; or • an officer or employee of an industrial body that is responsible for an enterprise agreement that applies to a fire services agency; • an officer or official of Volunteer Fire Brigades Victoria Incorporated. This is to ensure the independence of the Panel and to remove any real, potential or perceived conflicts of interest. Note provisions under the new clause 4K(2) outline consultation requirements for the Panel. Subsection (4) of new section 4C provides that 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. Subsection (5) of new section 4C sets out the entitlements of members of the Fire District Review Panel Subsection (6) of new section 4C provides that a member of the Fire District Review Panel is eligible for reappointment. 25

Subsection (7) of new section 4C provides that a member of the Fire District Review Panel holds office on the terms and conditions specified in the instrument of his or her appointment. Subsection (8) of new section 4C provides that a member of the Fire District Review Panel who is a public sector employee is not entitled to remuneration in respect of his or her appointment as a member. Subsection (9) of new section 4C provides that the Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Fire District Review Panel in respect of the office of member. New section 4D outlines the resignation requirements for members of the Fire District Review Panel. New section 4E outlines the removal requirements for the Fire District Review Panel. New section 4F provides that the role of the Fire District Review Panel is to provide independent and informed advice to the Minister on the following matters-- • whether it is necessary or desirable the Fire Rescue Victoria fire district to be changed; and • whether a change in fire risk, or something that may result in a change in fire risk, may warrant a review of the Fire Rescue Victoria fire district. New section 4G sets out the two circumstances in which the Fire District Review Panel must review the Fire Rescue Victoria fire district. Subsection (1) of new section 4G provides that the Fire District Review Panel must conduct a review of the Fire Rescue Victoria fire district at least once during-- • the 4 year period beginning on the day on which this section commences; and • each subsequent 4 year period. 26

Subsection (2) of new section 4G provides that the Fire District Review Panel must also conduct a review of the Fire Rescue Victoria fire district if-- • the Minister requests a review after receiving a recommendation of the Secretary under section 4H; or • the Minister determines under section 4M(1)(d) that a review be conducted. New section 4H provides that 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-- • has received evidence of a change in fire risk within the Fire Rescue Victoria fire district or the country area of Victoria; and • considers that the change in fire risk warrants such a review. New section 4I provides that if the Minister requests the Fire District Review Panel to conduct a review of the Fire Rescue Victoria fire district-- • the Minister must cause a copy of the request, and the reasons for the request, to be published in the Gazette; and • the Fire Rescue Commissioner must cause a copy of the request, and the reasons for the request, to be published on a website maintained by Fire Rescue Victoria. New section 4J outlines the objects of a review of the Fire Rescue Victoria fire district. Subsection (1) of new section 4J provides that the object of a review of the Fire Rescue Victoria fire district is to conduct a risk based assessment of the assignment of responsibility necessary for the provision of fire services by fire services agencies within-- • the Fire Rescue Victoria fire district; and • 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. 27

Subsection (2) of new section 4J provides that in conducting a review of the Fire Rescue 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. New section 4K sets out the procedures for a review of the Fire Rescue Victoria fire district. Subsection (1) of new section 4K outlines how the Fire District Review Panel may inform itself. Subsection (2) of new section 4K outlines who the Fire District Review Panel must consult with. Subsection (3) of new section 4K provides that a review of the Fire Rescue Victoria fire district requested by the Minister must be completed within the period (if any) specified in the request. New section 4L outlines the requirements for a report of a review. Subsection (1) of new section 4L provides that after conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel must report its findings to the Minister. Subsection (2) of new section 4L provides that the report may recommend that-- • no change be made to the Fire Rescue Victoria fire district; or • a change be made to the Fire Rescue Victoria fire district; or • the Panel conduct a further review of the Fire Rescue Victoria fire district within the period specified in the report. New section 4M outlines the requirements of the Minister's determination about a review. Subsection (1) of new section 4M provides that after receiving a report of a review of the Fire Rescue Victoria fire district, the Minister may determine by instrument-- • that no change be made to the Fire Rescue Victoria fire district; or • that a change be made to the Fire Rescue Victoria fire district; or 28

• that the Panel conduct a further review of the Fire Rescue Victoria fire district within the period specified in the determination. Subsection (2) of new section 4M provides that in making a determination, the Minister must have regard to-- • the report and recommendations of the Fire District Review Panel; and • the capacity of each relevant fire services agency to perform its statutory functions and duties; and • the implications of making the determination for the budget and resources of each relevant fire services agency; and • the implications of making the determination for the budget and resources of the emergency management sector; and • the other implications of making the determination for the emergency management sector. Subclause (3) of new section 4M provides that the Minister must cause a determination made under subsection (1) to be published in the Gazette. Subclause (4) of new section 4M provides that the Fire Rescue Commissioner must cause a determination made by the Minister under subsection (1) to be published on a website maintained by Fire Rescue Victoria. New section 4N provides that a determination made under subsection 4M(1) takes effect according to its terms on the day on which it is published in the Victorian Government Gazette. Subsection (2) of new section 4N provides that 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, amend Schedule 2 to change the Fire Rescue Victoria fire district as stated in the determination and the Order has effect accordingly. Clause 45 substitutes a new Second Schedule into the Principal Act. The Second Schedule specifies the land included within the Fire Rescue Victoria fire district with reference to a map lodged with the Central Plan Office. 29

Part 5--Amendments relating to volunteer brigades located in the Fire Rescue Victoria fire district Clause 46 inserts a new objective after section 6B(b) of the Country Fire Authority Act 1958, which is to 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. The purpose of this new objective is to make explicit the obligation that the CFA Board has to put in place appropriate arrangements to better attract and support volunteer firefighters. Clause 47 amends section 6F of the Country Fire Authority Act 1958 to substitute "first and foremost a volunteer-based organisation, in which volunteer officers and members are supported by employees in a fully integrated manner" for "a fully volunteer fire fighting service, supported where necessary by paid staff". Clause 48 inserts a new section 20AB into the Country Fire Authority Act 1958. The purpose of new section 20AB is to ensure that, in relation to volunteer brigades located within the Fire Rescue Victoria, the Country Fire Authority has the necessary powers over those volunteer brigades located within the Fire Rescue Victoria fire district, including continuing to operate as a volunteer firefighting brigade, co-located with a Fire Rescue Victoria unit established under the Principal Act. Subsection (1) of new section 20AB provides that powers contained in this section must only be used for the purposes of-- • 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 of fire so far as relates to the country area of Victoria; and • any other function, duty or power of the Authority set out in this Act or any other Act. Subsection (2) of new section 20AB sets out the powers that the Authority may exercise powers under the following provisions in relation to volunteer brigades located in the Fire Rescue Victoria fire district. Subsection (3) of new section 20AB sets out the powers that the Chief Officer may exercise in relation to volunteer brigades located in the Fire Rescue Victoria fire district. 30

Subsection (4) of new section 20AB provides that 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 usage) of the Country Fire Authority Act 1958 in relation to volunteer brigades located in the Fire Rescue Victoria fire district. Subsection (5) of new clause 20AB applies the immunity in section 92 of the Country Fire Authority Act 1958 in relation to volunteer brigades located in the Fire Rescue Victoria fire district. Clause 49 amends section 18A of the of the Country Fire Authority Act 1958 to apply the existing immunities to any officer or employee of Fire Rescue Victoria made available to the Country Fire Authority under section 25B of the Principal Act. Clause 50 amends section 92 of the Country Fire Authority Act 1958 to apply the existing immunities to any officers and employees of Fire Rescue Victoria made available to the Authority under section 25B of the Principal Act. Clause 51 amends section 109B of the Country Fire Authority Act 1958 to allow the Country Fire Authority's powers and duties to be delegated to any officer or employee or class of officers or employees of Fire Rescue Victoria made available to the Country Fire Authority under section 25B of the Principal Act. Clause 52 amends section 110 of the Country Fire Authority Act 1958 to allow regulations to be made for and in relation to the performance of functions and the exercise of powers by volunteer brigades located in the Fire Rescue Victoria fire district. Part 6--Transitional provisions Clause 53 inserts new sections 98A to 120 of the Principal Act, which covers the transitional provisions for the Bill. New section 98A sets out the definitions that apply for the transitional provisions. Defined terms are approval date, commencing day, Country Fire Authority instrument, instrument, liabilities, property, rights and transitional provisions. 31

New section 99 provides that on the commencing day-- • the Metropolitan Fire and Emergency Services Board is abolished and its members go out of office; • Fire Rescue Victoria is the successor in law of the Metropolitan Fire and Emergency Services Board; • all rights, assets, liabilities and obligations of the Metropolitan Fire and Emergency Services Board immediately before its abolition become rights, assets, liabilities and obligations of Fire Rescue Victoria; • Fire Rescue Victoria is substituted for the Metropolitan Fire Brigades Board as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Metropolitan Fire and Emergency Services Board; and • Fire Rescue Victoria may continue and complete any other continuing matter or thing commenced by or against or in relation to the Metropolitan Fire and Emergency Services Board. New section 100 provides that on the commencing day-- • the offices of Chief Officer and Chief Executive Officer are abolished and the holders of those office go out of office; • the Fire Rescue Commissioner is the successor in law of the Chief Officer or the Chief Executive Officer (as the case requires); • all rights, assets, liabilities and obligations of the Chief Officer or the Chief Executive Officer become rights, assets, liabilities and obligations of the Fire Rescue Commissioner; • the Fire Rescue Commissioner is substituted for the Chief Officer or the 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 (as the case requires); and 32

• 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 Chief Executive Officer (as the case requires). New section 101 relates to the transfer of staff employed by the Chief Officer, Chief Executive Officer or the Metropolitan Fire and Emergency Services Board to Fire Rescue Victoria. Subsection (1) of new section 101 provides that and provides that a person (referred to in this section as a transferred employee) employed by the Chief Officer, Chief Executive Officer or the Metropolitan Fire and Emergency Services Board immediately before the commencing day is to be regarded as-- • having been employed by Fire Rescue Victoria with effect from the commencing day; and • having been so employed on the same terms and conditions as those that applied to him or her, immediately 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 • 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, Chief Executive Officer or the Metropolitan Fire and Emergency Services Board (as the case requires) immediately before the commencing day. Subsection (2) of new section 101 provides that 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 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). Subsection (3) of new section 101 provides that 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 and 33

Emergency Services Board (as the case requires) because of section 101. Subsection (4) of new section 101 provides that nothing in section 101 prevents-- • which 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 • 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 employment with Fire Rescue Victoria. New section 102 relates to the transfer of certain Country Fire Authority staff to Fire Rescue Victoria on the commencement of the Bill. Subsection (1) of new section 102 provides that a person (referred to in this section as a transferred employee)-- • who was employed to perform functions 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 otherwise, immediately before the commencing day; and • to whom the following apply immediately before the commencing day-- • the transferred employee was performing a transferred function specified in column 1 of the table in Schedule 3; and • the transferred employee was performing that function at an integrated fire station or Country Fire Authority premises at an address or location set out in column 2 of the table in Schedule 3; and • the transferred employee belonged to a staff classification specified in column 3 of the table in Schedule 3; 34

• is to be regarded as-- • having been employed by Fire Rescue Victoria with effect from the commencing day; and • 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 of the Chief Officer or the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or otherwise; and • 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 or the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or otherwise immediately before the commencing day. Subsection (2) of new section 102 provides that 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 employee, immediately before the commencing day, as an employee of the Chief Officer or the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or otherwise. Subsection (3) of new section 102 provides that 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 or the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or otherwise because of section 102. Subsection (4) provides that nothing in section 102 prevents-- • 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 35

• 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 employment. New section 103 establishes a mechanism for the Minister to transfer Country Fire Authority staff to Fire Rescue Victoria. Subsection (1) of new section 103 provides that the Minister may direct the Country Fire Authority to transfer a person, or persons 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-- • were employed to perform functions or 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 otherwise, immediately before the commencing day; and • were not transferred to Fire Rescue Victoria because of the operation of section 102. Subsection (2) of new section 103 provides that if the Minister gives a direction under subsection (1) in relation to a person, or persons included in a class of persons-- • the person or persons are taken to have been employed by Fire Rescue Victoria with effect from the day specified in the direction; and • new section 102 applies as if-- • the person had been transferred under that section; and • references in that section to the commencing day were references to the day specified in the direction. Subsection (3) of new section 103 provides that the Minister must not give a direction under subsection (1) on or after 1 July 2018. This time limit will ensure that the staff transfer power is only used for the time required to give effect to the establishment of Fire Rescue Victoria. 36

New section 104 relates to superseded references created as a result of the establishment of Fire Rescue Victoria. New section 105 sets out the Minister's power to direct the Country Fire Authority to give an allocation statement. Subsection (1) of new section 105 sets out what must be contained in an allocation statement and that any of the property, rights, liabilities and obligations of the Country Fire Authority must relate to the following-- • one or more integrated fire stations or Country Fire Authority premises situated at an address or location set out in column 2 of the table in Schedule 3; • staff assigned to such a station or such stations; and Subsection (2) of new section 105 sets out the matters relating to which the Minister may give a direction under subsection (1). Subsection (3) provides that despite subsection (1) and (2), a direction under subsection (1) must not have the effect that any of the following are to be allocated to Fire Rescue Victoria-- • a property that is a Victorian Emergency Management Training Centre; • a property that is a Country Fire Authority District Headquarter. Subsection (4) requires the Country Fire Authority to comply with such a direction. Subsections (5) and (6) deal with the Minister's approval of an allocation statement. Subsection (7) provides that the Minister must not give a direction under subsection (1) on or after 1 July 2018. This time limit will ensure that the asset transfer power is only used for the time required to give effect to the establishment of Fire Rescue Victoria. As required under the CFA Act, planning will occur on this allocation statement in consultation with affected volunteers and the Volunteer Fire Brigades Victoria. New section 106 provides for the vesting of allocated property and rights in Fire Rescue Victoria and the transfer of allocated liabilities from the Country Fire Authority to Fire Rescue Victoria on the approval date for an allocation statement. 37

New section 107 provides that where property rights are vested in Fire Rescue Victoria those rights are subject to any encumbrances to which they were subject immediately before vesting, and that where liabilities are transferred to Fire Rescue Victoria the rights attached to those liabilities to which the Country Fire Authority was entitled vest in Fire Rescue Victoria. New section 108 provides that where rights and liabilities of the State under an agreement are allocated to Fire Rescue Victoria, on the approval date Fire Rescue Victoria becomes a party to the agreement in place of the Country Fire Authority. From the approval date onwards the agreement has effect as if Fire Rescue Victoria had always been a party to it. New section 109 provides that unless an allocation statement otherwise 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 the allocation statement, as if a reference in the instrument to the Country Fire Authority were a reference to Fire Rescue Victoria. New section 110 provides for Fire Rescue Victoria, on and after the appointed day for an allocation statement, to be substituted for the Country Fire Authority as a party to pending or existing proceedings (including arbitration proceedings) in any court or tribunal relating to former Country Fire Authority property allocated to Fire Rescue Victoria under the allocation statement, and to have the same rights in the proceedings as the Country Fire Authority. New section 111 provides that without affecting the generality of the 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 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 on and after the approval date-- • Fire Rescue Victoria is taken to be the registered proprietor of that interest in land; and 38

• Fire Rescue Victoria has the same rights and remedies in respect of that interest as the Country Fire Authority had. New section 112 provides that if Fire Rescue Victoria acquires any right in 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 being benefited, by that right. New section 113 provides that on being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of the transitional provisions. New section 114 provides that no stamp duty or other tax is chargeable under any Act in respect of anything done 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 made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities under an allocation statement. New section 115 relates to evidence and provides that-- • 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 allocation statement is admissible for or against the interests of Fire Rescue Victoria; and • the Evidence Act 2008 applies with respect to the books of account of the Country Fire Authority and to entries made in those books 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. 39

New section 116 relates to the validity of things done under the transitional provisions and provides that nothing effected by, or done or suffered under, the transitional provisions-- • 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 • is to be regarded as placing any person 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, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or • is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or • is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or • is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or • is to be regarded as frustrating any contract; or • releases any surety or other obligee wholly or in part from any obligation. New section 117 provides for the deferral of changes to the fire services property levy for two years. Subsection (1) provides that the relevant district for calculating the levy in the years commencing 1 July 2017 and 1 July 2018 is the district in force immediately before the commencing day. This fulfils the Government's commitment that the cost of the reforms to Victoria's fire services will not be recovered through an increase to the levy. In addition, the levy amounts to be collected in 2017-18 and 2018-19 will not exceed the levy amount collected in 2016-17. 40

New section 118 provides that 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 and after the commencing day, until a new insignia is prescribed. New section 119 allows the Governor in Council to make regulations relating to certain transitional matters. New section 120 is a savings provision that relates to the renaming of the Act, and provides that-- • from the commencing day, a reference 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; • 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 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 not been amended by that section; and • the operation of the Interpretation of Legislation Act 1984 is not affected. Clause 54 inserts a new Schedule 3 into the Principal Act. Schedule 3 outlines the functions, premises address or location, of the staff that will transfer from the Country Fire Authority to Fire Rescue Victoria under new section 102 of the Principal Act. Part 7--Consequential amendments of the Metropolitan Fire Brigades Act 1958 Clause 55 substitutes in section 2 of the Principal Act a reference to the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 56 substitutes in section 5 of the Principal Act a reference to the metropolitan district for a reference to the Fire Rescue Victoria fire district. 41

Clause 57 substitutes in section 5A of the Principal Act a reference to the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 58 substitutes in section 7 of the Principal Act various references to: • the Board for a reference to Fire Rescue Victoria; • the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 59 substitutes in section 7AA of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 60 substitutes in section 7A of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 61 substitutes in section 7AB of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 62 substitutes in section 7AC of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 63 substitutes in section 7AD of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 64 substitutes in section 7AE of the Principal Act references to the Board or Authority for references to Fire Rescue Victoria. Clause 65 substitutes in section 7B of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 66 substitutes in section 24 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 67 substitutes in section 24A of the Principal Act various references to-- • the Board for a reference to Fire Rescue Victoria; • the Metropolitan Fire Brigades Act 1958 for a reference to the Fire Rescue Victoria Act 1958; • the Metropolitan Fire and Emergency Services Board for a reference to Fire Rescue Victoria. Clause 68 substitutes in section 24B of the Principal Act references to the Board for references to Fire Rescue Victoria. 42

Clause 69 substitutes in section 25A of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 70 substitutes in section 26 of the Principal Act references to the Board and Chief Officer for references to Fire Rescue Victoria. Clause 71 substitutes in section 27 of the Principal Act-- • a reference to the Board for a reference to Fire Rescue Victoria; and • "The Board must if required by the Minister give the Minister a special report" with "Fire Rescue Victoria must, if required by the Minister, give the Minister information or a report". Clause 72 substitutes in section 31A of the Principal Act references to the Chief Officer for references to Fire Rescue Commissioner. Subclause (2) removes the reference to approval from the Board. Clause 73 substitutes in section 32 of the Principal Act a reference to-- • the Chief Officer for a reference to Fire Rescue Victoria; • the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 74 substitutes in section 32AA of the Principal Act-- • references to the Chief Officer for references to Fire Rescue Victoria; • a reference to the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 75 substitutes in section 32B of the Principal Act references to-- • the Chief Officer for references to Fire Rescue Victoria; • the metropolitan district for references to the Fire Rescue Victoria fire district. Clause 76 substitutes in section 32C of the Principal Act references to-- • the Chief Officer for references to Fire Rescue Victoria or Fire Rescue Commissioner; • the Board for references to Fire Rescue Victoria. 43

Clause 77 substitutes in section 32D of the Principal Act-- • references to the Board for references to Fire Rescue Victoria; • a reference to the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 78 substitutes in section 33 of the Principal Act a reference to-- • the Board for a reference to Fire Rescue Victoria; • the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 79 substitutes in section 34 of the Principal Act-- • a reference to the metropolitan district for a reference to the Fire Rescue Victoria fire district; • references to the Board for references to Fire Rescue Victoria; • a reference to "the Board or by members or employees of the Board" for a reference to "Fire Rescue Victoria or employees of Fire Rescue Victoria". Clause 80 substitutes in section 36 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 81 substitutes in section 37 of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 82 substitutes in section 46 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 83 substitutes in section 47 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 84 substitutes in section 47A of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 85 substitutes in section 51 of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 86 substitutes in section 51A of the Principal Act references to the Board for references to Fire Rescue Victoria. 44

Clause 87 substitutes in section 52 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 88 substitutes in section 54 of the Principal Act a reference to the Chief Officer for a reference to Fire Rescue Commissioner. Clause 89 substitutes in section 54A of the Principal Act a reference to the Chief Officer for a reference to Fire Rescue Commissioner. Clause 90 substitutes in section 55 of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 91 substitutes in section 55A of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 92 substitutes in section 55B of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 93 substitutes in section 55C of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 94 substitutes in section 55D of the Principal Act-- • references to the Board for references to Fire Rescue Victoria; • a reference to the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 95 substitutes in section 55E of the Principal Act references to-- • to the Board for references to Fire Rescue Victoria; • to the metropolitan district for references to the Fire Rescue Victoria fire district; and • to the Chief Officer for references to the Fire Rescue Commissioner and Fire Rescue Victoria. Clause 96 substitutes in section 56 of the Principal Act a reference to-- • the Board for a reference to Fire Rescue Victoria; • the Chief Officer for a reference to the Fire Rescue Commissioner. 45

Clause 97 substitutes in section 59 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 98 substitutes in section 60 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 99 substitutes in section 64 of the Principal Act a reference to the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 100 substitutes in section 66A of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 101 substitutes in section 71 of the Principal Act-- • a reference to the Board or the Chief Officer for a reference to Fire Rescue Victoria; • a reference to the Board's or the Officer's for a reference to Fire Rescue Victoria's; and • references to the metropolitan district for references to the Fire Rescue Victoria fire district. Clause 102 substitutes in section 72 of the Principal Act-- • references to the Board for references to Fire Rescue Victoria; • a reference to the Chief Officer for a reference to Fire Rescue Victoria. Clause 103 substitutes in section 72A of the Principal Act-- • references to the metropolitan district for references to the Fire Rescue Victoria fire district; • in subsection (1)(b) the words "obey any orders given to him or her by Fire Rescue Victoria"; • in subsection (2) the words "the Chief Officer or the senior member of the operational staff in charge of the fire fighting operations is not present at the fire, then until the arrival of the Chief Officer or senior member of the operational staff" with the words "Fire Rescue Victoria is not present at the fire, then until the arrival of Fire Rescue Victoria"; 46

• a reference to the Chief Officer for a reference to Fire Rescue Victoria; • a reference to "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" with Fire Rescue Victoria. Clause 104 substitutes in section 75 of the Principal Act-- • the first and third reference to the Board for a reference to Fire Rescue Victoria; • the reference to "the President or the Deputy President of the Board" with the Fire Rescue Commissioner. Clause 105 substitutes in section 75A of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 106 substitutes in section 75B of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 107 substitutes in section 75C of the Principal Act a reference to-- • the Board for a reference to Fire Rescue Victoria; • a reference to the Chief Officer for a reference to Fire Rescue Victoria. Clause 108 substitutes in section 77 of the Principal Act a reference to-- • "the Chief Officer, by any person authorised by the Board" for a reference to "Fire Rescue Victoria, by any person authorised by Fire Rescue Victoria"; • the Board for a reference to Fire Rescue Victoria; and • "the Chief Officer, to the Board" for a reference to "Fire Rescue Victoria, to Fire Rescue Victoria". Clause 109 substitutes in section 78 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 110 substitutes in section 78B of the Principal Act a reference to the Chief Executive Officer for a reference to Fire Rescue Victoria. Clause 111 substitutes in section 78C of the Principal Act references to the Chief Executive Officer for references to the Fire Rescue Commissioner. 47

Clause 112 substitutes in section 78D of the Principal Act references to the Chief Executive Officer for references to the Fire Rescue Commissioner. Clause 113 substitutes in section 79H of the Principal Act a reference to-- • the Board for a reference to Fire Rescue Victoria; • a reference to the Chief Executive Officer for a reference to the Fire Rescue Commissioner. Clause 114 substitutes in section 79K of the Principal Act references to the Board or the Chief Executive Officer for references to Fire Rescue Victoria. Clause 115 substitutes in section 79O of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 116 substitutes in section 79P of the Principal Act-- • references to the Board for references to Fire Rescue Victoria; • a reference to the Metropolitan Fire and Emergency Service for a reference to Fire Rescue Victoria. Clause 117 substitutes in section 79R of the Principal Act a reference to the Board and the Chief Executive Officer for a reference to Fire Rescue Victoria. Clause 118 substitutes in section 80 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 119 substitutes in section 81 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 120 substitutes in section 81A of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 121 substitutes in section 82 of the Principal Act references to the Board for references to Fire Rescue Victoria. Clause 122 substitutes in section 84 of the Principal Act a reference to the Board for a reference to Fire Rescue Victoria. Clause 123 substitutes in section 87 of the Principal Act references to the metropolitan district for references to the Fire Rescue Victoria fire district. 48

Clause 124 substitutes in section 88 of the Principal Act references to the Chief Officer, by the Board to Fire Rescue Victoria, by Fire Rescue Victoria. Clause 125 substitutes in section 90 of the Principal Act references to the Chief Officer for references to Fire Rescue Victoria. Clause 126 substitutes in section 92 of the Principal Act references to the Chief Officer for references to Fire Rescue Victoria. Clause 127 substitutes in section 93 of the Principal Act-- • a reference to the Board for a reference to Fire Rescue Victoria; • references to the Chief Officer for references to the Fire Rescue Commissioner. Clause 128 makes substitutions to the headings throughout the Principal Act to reflect the creation of Fire Rescue Victoria. Part 8--Consequential amendments of the other Acts Division 1--Amendment of Borrowing and Investment Powers Act 1987 Clause 129 substitutes item 9 of Schedule 1 of the Borrowing and Investment Powers Act 1987 to replace a reference to the Metropolitan Fire Brigades Board for a reference to Fire Rescue Victoria. Division 2--Amendment of Building Act 1993 Clause 130 amends the definition of chief officer in section 3 of the Building Act 1993 to replace a reference to the Chief Officer under the Principal Act to a reference to the Fire Rescue Commissioner. It also replaces in that same definition-- • references to the metropolitan district with references to the Fire Rescue Vitoria fire district. • a reference to the Metropolitan Fire Brigades Act 1958 to a reference to the Fire Rescue Victoria Act 1958. 49

Clause 131 amends section 188 of the Building Act 1993 to replace a superseded reference to the Chief Fire Officer under the Principal Act to a reference to the Fire Rescue Commissioner. Clause 132 amends section 210 of the Building Act 1993 to replace a reference to the Metropolitan Fire Brigades Act 1958 to a reference to the Fire Rescue Victoria Act 1958. Clause 133 amends section 261 of the Building Act 1993 to replace a reference to the Metropolitan Fire Brigades Board for a reference to Fire Rescue Victoria. Division 3--Amendment of Coroners Act 2008 Clause 134 repeals the definition of Metropolitan Fire and Emergency Services Board in section 3 of the Coroners Act 2008 and inserts a new definition of Fire Rescue Victoria. Clause 135 amends section 30 of the Coroners Act 2008 to-- • replace a reference to the Metropolitan Fire and Emergency Services Board for a reference to Fire Rescue Victoria; and • replace a reference to the Board for a reference to Fire Rescue Victoria. Clause 136 amends section 35 of the Coroners Act 2008 to replace a reference to the Metropolitan Fire and Emergency Services Board for a reference to Fire Rescue Victoria. Division 4--Amendment of Country Fire Authority Act 1958 Clause 137 amends various definitions in section 3 of the Country Fire Authority Act 1958 to reflect the creation of Fire Rescue Victoria, the Fire Rescue Commissioner and the Fire Rescue Victoria fire district. Clause 138 amends section 19 of the Country Fire Authority Act 1958 to-- • replace a reference to the Metropolitan Fire Brigades Act 1958 to a reference to the Fire Rescue Victoria Act 1958; • replace a reference to the Board for a reference to Fire Rescue Victoria. 50

Clause 139 amends section 20AAA of the Country Fire Authority Act 1958 to substitute a new subsection 2(b) to refer to Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958. Clause 140 amends section 33 of the Country Fire Authority Act 1958 to-- • replace references to the Metropolitan Fire Brigades Board for references to Fire Rescue Victoria; • replace references to the metropolitan district for references to the Fire Rescue Victoria fire district. Clause 141 amends section 36A of the Country Fire Authority Act 1958 to replace a reference to the metropolitan district for a reference to the Fire Rescue Victoria fire district. Clause 142 amends section 40(5)(a) of the Country Fire Authority Act 1958 to substitute a reference to "the Chief Officer of the Metropolitan and Emergency Services" for a reference to "the Fire Rescue Commissioner within the meaning of the Fire Rescue Victoria Act 1958" It also replaces a reference to the metropolitan district for references to the Fire Rescue Victoria fire district. Clause 143 amends section 62 of the Country Fire Authority Act 1958 to substitute a reference to "an officer of the Metropolitan and Emergency Services Board" for a reference to "the Fire Rescue Commissioner within the meaning of the Fire Rescue Victoria Act 1958". Division 5--Amendment of Dangerous Goods Act 1985 Clause 144 amends section 3 of the Dangerous Goods Act 1985 to-- • replace a reference to the Metropolitan Fire Brigades Act 1958 to a reference to the Fire Rescue Victoria Act 1958; • replace a reference to the Metropolitan Fire Brigades Board under the Metropolitan Fire Brigades Act 1958 to a reference to Fire Rescue Victoria under the Fire Rescue Victoria Act 1958. 51

Clause 145 amends section 10B of the Dangerous Goods Act 1985 to replace a reference to the Metropolitan Fire Brigades Act 1958 to a reference to the Fire Rescue Victoria Act 1958. Clause 146 amends section 28 of the Dangerous Goods Act 1985 to replace a reference to the Chief Fire Officer of the Metropolitan Fire Brigades with a reference to the Fire Rescue Commissioner of Fire Rescue Victoria. Division 6--Amendment of Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016 Clause 147 substitutes item 6 of Schedule 1 of the Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016 to replace a reference to the Metropolitan Fire Brigades Act 1958 for a reference to the Fire Rescue Victoria Act 1958. Division 7--Amendment of EastLink Project Act 2004 Clause 148 amends section 239 of the EastLink Project Act 2004 to substitute a new subsection 2(b) to refer to Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958. Division 8--Amendment of Electrical Safety Act 1998 Clause 149 amends section 3 of the Electrical Safety Act 1998 to include a reference to Fire Rescue Victoria, if the area is within the Fire Rescue Victoria fire district within the meaning of the Fire Rescue Victoria Act 1958. Division 9--Amendment of Emergency Management Act 1986 Clause 150 amends section 4 of the Emergency Management Act 1986 to substitute a new subsection 1(b) to refer to Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958. Division 10--Amendment of Emergency Management Act 2013 Clause 151 amends the definitions in section 3 of the Emergency Management Act 2013 to reflect the creation of Fire Rescue Victoria and the Fire Rescue Commissioner. 52

Clause 152 amends section 8 of the Emergency Management Act 2013 to replace a reference to the Metropolitan Fire and Emergency Services Board for a reference to Fire Rescue Victoria. Clause 153 amends section 41 of the Emergency Management Act 2013 to replace a reference to the Metropolitan Fire Brigades Act 1958 to a reference to the Fire Rescue Victoria Act 1958. Division 11--Amendment of Emergency Services Superannuation Act 1986 Clause 154 amends section 7 of the Emergency Services Superannuation Act 1986 to replace a reference to the Metropolitan Fire and Emergency Services Board for a reference to Fire Rescue Victoria. Clause 155 amends section 20 of the Emergency Services Superannuation Act 1986 to-- • replace a reference to the Metropolitan Fire Brigades Act 1958 to a reference to the Fire Rescue Victoria Act 1958; • replace a reference to the Metropolitan Fire and Emergency Services Board for a reference to Fire Rescue Victoria. Division 12--Amendment of Emergency Services Telecommunications Authority Act 2004 Clause 156 amends the definitions in section 3 of the Emergency Services Telecommunications Authority Act 2004 to reflect the creation of Fire Rescue Victoria and the Fire Rescue Commissioner. Clause 157 amends section 12 of the Emergency Services Telecommunications Authority Act 2004 to replace a reference to the Metropolitan Fire and Emergency Services Board for a reference to Fire Rescue Victoria. Division 13--Amendment of Firearms Act 1996 Clause 158 substitutes item 16 of Schedule 3 of the Firearms Act 1996 to replace a reference to the Metropolitan Fire Brigades Board for a reference to Fire Rescue Victoria. 53

Division 14--Amendment of Fire Services Property Levy Act 2012 Clause 159 substitutes section 1 of the Fire Services Property Levy Act 2012 to replace a reference to the Metropolitan Fire Brigades Board for a reference to Fire Rescue Victoria. Clause 160 amends the definitions in section 3 of the Fire Services Property Levy Act 2012 to reflect the creation of Fire Rescue Victoria, the Fire Rescue Commissioner and the Fire Rescue Victoria fire district. Clause 161 amends section 12 of the Fire Services Property Levy Act 2012 to take account of the transitional arrangement in new section 117 in clause 53, which provides for the deferral of changes to the fire services property levy for two years. Clause 162 amends section 14 of the Fire Services Property Levy Act 2012 to replace a references to the metropolitan district for references to the Fire Rescue Victoria fire district. Clause 163 amends section 65 of the Fire Services Property Levy Act 2012 to replace a reference to the MFB for a reference to Fire Rescue Victoria. Division 15--Amendment of Gas Safety Act 1997 Clause 164 amends section 36 of the Gas Safety Act 1997 to replace a reference to the Chief Officer of the Metropolitan Fire and Emergency Services for a reference to Fire Rescue Commissioner Fire Rescue Victoria. Division 16--Amendment of Housing Act 1983 Clause 165 amends section 36A of the Housing Act 1983 to-- • replace a reference to the Metropolitan Fire Brigades Act 1958 to a reference to the Fire Rescue Victoria Act 1958; • replace a reference to the Metropolitan Fire Brigades Board for a reference to Fire Rescue Victoria. 54

Division 17--Amendment of Local Government Act 1989 Clause 166 amends section 154 of the Local Government Act 1989 to replace a reference to the Metropolitan Fire Brigades Board for a reference to Fire Rescue Victoria. Division 18--Amendment of Liquor Reform Control Act 1998 Clause 167 amends the definitions in section 148S of the Liquor Reform Control Act 1998 to reflect the creation of Fire Rescue Victoria, the Fire Rescue Commissioner and the Fire Rescue Victoria fire district. Clause 168 amends section 148T of the Liquor Reform Control Act 1998 to reflect the creation of Fire Rescue Victoria. Clause 169 amends section 148ZS of the Liquor Reform Control Act 1998 to replace a reference to the Metropolitan Fire Brigades Act 1958 to a reference to the Fire Rescue Victoria Act 1958. Division 19--Amendment of Marine Safety Act 2010 Clause 170 amends the definitions in section 202C of the Marine Safety Act 2010 to replace a reference to the Metropolitan Fire and Emergency Services Board for a reference to Fire Rescue Victoria Division 20--Amendment of National Electricity (Victoria) Act 2005 Clause 171 amends the definitions in section 13 of the National Electricity (Victoria) Act 2005 to reflect the creation of Fire Rescue Victoria and the Fire Rescue Commissioner. Division 21--Amendment of Residential Tenancies Act 1997 Clause 172 amends section 525 of the Residential Tenancies Act 1997 to-- • replaces references to the Chief Officer with references to the Fire Rescue Commissioner; • replace a reference to the Metropolitan Fire and Emergency Services for a reference to Fire Rescue Victoria. 55

Division 22--Amendment of Sentencing Act 1991 Clause 173 amends section 10AA of the Sentencing Act 1991 to reflect the establishment of Fire Rescue Victoria. Clause 174 amends the definitions in section 87C of the Sentencing Act 1991 to reflect the establishment of Fire Rescue Victoria. Division 23--Amendment of Taxation Administration Act 1997 Clause 175 amends section 92 of the Taxation Administration Act 1997 to replace a reference to the Metropolitan Fire and Emergency Services Board for a reference to Fire Rescue Victoria. Division 24--Amendment of Terrorism (Community Protection) Act 2003 Clause 176 amends the definitions in section 15 of the Terrorism (Community Protection) Act 2003 to reflect the establishment of Fire Rescue Victoria. Division 25--Amendment of Victoria State Emergency Service Act 2005 Clause 177 amends the definitions in section 6A of the Victoria State Emergency Service Act 2005 to reflect the establishment of Fire Rescue Victoria. Part 9--Repeal of amending Parts Clause 178 repeals Parts 3 to 9 of the Bill on 1 July 2020. This provision will allow the Parts of the Bill dealing with the rebuttable presumptive right entitlement to continue as a standalone Act. 56

[Index] [Search] [Download] [Bill] [Help]