Victorian Numbered Acts

FIREFIGHTERS' PRESUMPTIVE RIGHTS COMPENSATION AND FIRE SERVICES LEGISLATION AMENDMENT (REFORM) ACT 2019 (NO. 20 OF 2019)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Principal Act for the purposes of Parts 3 and 4 and 6 to 9  

   PART 2--FIREFIGHTERS' PRESUMPTIVE RIGHTS COMPENSATION

           Division 1--Preliminary

   4.      Definitions  
   5.      Construction of Act  

           Division 2--Operation of presumption in relation to career firefighters

   6.      Rebuttable presumption as to cause of certain diseases in relation to career firefighters  
   7.      Determination of the qualifying period  
   8.      Determination as to whether a firefighter is a career firefighter for the purposes of this Division  

           Division 3--Operation of presumption in relation to volunteer firefighters

   9.      Rebuttable presumption as to cause of certain diseases in relation to volunteer firefighters  
   10.     Determination of the qualifying period  
   11.     Determination of whether a firefighter is a volunteer firefighter for the purposes of this Division  
   12.     Determination of whether section 9 requirement is met  

           Division 4--Operation of presumption because of special consideration

   13.     Special consideration  
   14.     What is an exceptional exposure event?  
   15.     Application for special consideration  
   16.     Determination of application for special consideration  

           Division 5--General

   17.     Claim for injury occurring on or after 1 June 2016  
   18.     Compensation for certain diseases due to firefighting by volunteer firefighters  
   19.     Compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 and the Country Fire Authority Regulations 2014  
   20.     Establishment of advisory committee  
   21.     Payments  
   22.     Regulations  

   PART 3--AMENDMENTS RELATING TO THE ESTABLISHMENT OF FIRE RESCUE VICTORIA

   23.     Metropolitan Fire Brigades Act 1958 renamed  
   24.     Purposes  
   25.     New section 2A inserted  
   26.     Definitions  
   27.     Metropolitan Fire and Emergency Services Board  
   28.     Functions of Board  
   29.     Duty to assist in major emergency  
   30.     Objective  
   31.     Emergency Management Victoria  
   32.     Compliance with operational standards of Emergency Management Commissioner  
   33.     Report on compliance with operational standards developed by the Emergency Management Commissioner  
   34.     Strategic Action Plan  
   35.     Compliance with incident management operating procedures  
   36.     New section 7C inserted  
   37.     Accountability of Board  
   38.     Constitution of the Board  
   39.     Repeal of sections 10, 11 and 11A  
   40.     Application of Public Administration Act 2004  
   41.     Repeal of sections 13, 14 and 15  
   42.     Decisions not affected by certain matters  
   43.     Immunity of members of Board  
   44.     Repeal of sections 18, 19 and 20  
   45.     Decisions not affected by certain matters  
   46.     Power to purchase and sell property  
   47.     Power to acquire land  
   48.     Power of delegation  
   49.     General powers of Board  
   50.     Employees of Board  
   51.     New section 25C inserted  
   52.     Formation of units  
   53.     Copies of annual report and special report  
   54.     Repeal of sections 28, 29, 30 and 31  
   55.     New sections 33A to 33G inserted  
   56.     New section 2 inserted  
   57.     Definitions  

   PART 4--AMENDMENTS RELATING TO THE FIRE RESCUE VICTORIA FIRE DISTRICT

   58.     Purposes  
   59.     Definitions  
   60.     Metropolitan fire district  
   61.     New sections inserted  
   62.     Duties and powers of councils and public authorities in relation to fire  
   63.     Municipal fire prevention officers and assistants  
   64.     Functions of Board  
   65.     New Schedule 2  
   66.     Definitions  
   67.     Declaration of fire danger period  
   68.     Duties of owner etc. of land in case of fire during fire danger period  
   69.     General prohibition against lighting open air fires  
   70.     Prohibited actions near fires  
   71.     Prohibition of high fire risk activities  
   72.     Required safety features of motor vehicles driven during fire danger period near crops  
   73.     Regulations  

   PART 5--AMENDMENTS RELATING TO VOLUNTEER BRIGADES LOCATED IN THE FIRE RESCUE VICTORIA FIRE DISTRICT

   74.     Objective  
   75.     Recognition of Authority as a volunteer-based organisation  
   76.     Immunity for officers etc.  
   77.     New section inserted  
   78.     New section 20AC inserted  
   79.     Immunity provision  
   80.     Delegation  
   81.     Regulations  

   PART 6--TRANSITIONAL PROVISIONS

   82.     New sections inserted  
   83.     New Schedule 3 inserted  

   PART 7--AMENDMENTS RELATING TO CAUSING FIRES AND OTHER MATTERS

   84.     New sections 94A to 94F inserted  

   PART 8--AMENDMENTS RELATING TO FIRE SERVICES IMPLEMENTATION MONITOR AND FIREFIGHTERS REGISTRATION BOARD

   85.     New sections inserted  

   PART 9--CONSEQUENTIAL AMENDMENTS OF THEMETROPOLITAN FIRE BRIGADES ACT 1958

   86.     Delegation of powers by Chief Officer  
   87.     Powers of Chief Officer  
   88.     Duty to warn the community  
   89.     Action on alarm of fire  
   90.     Destruction of building by Chief Officer  
   91.     False alarm of fire  
   92.     False report of fire  
   93.     Power to make regulations  
   94.     Annual estimate of expenditure and revenue  
   95.     Contributions towards annual expenditure  
   96.     Borrowing by Board  
   97.     Power of Minister in case of default of Board  
   98.     Guarantee of debentures etc. of Board  
   99.     Board may establish funds  
   100.    Investment by Board  
   101.    Units to be registered  
   102.    Damage to be covered by fire insurance  
   103.    Immunity from certain liabilities  
   104.    Board is a protection agency  
   105.    Board may provide rescue and extrication services  
   106.    Board may provide road accident rescue service  
   107.    Board may provide protection services  
   108.    Board may provide emergency prevention and response service  
   109.    Activities outside metropolitan district  
   110.    Extension and application of Act  
   111.    Rights to water  
   112.    Collection of contributions for units  
   113.    Regulation of height of buildings  
   114.    Recovery of charges for services  
   115.    Place where fire occurs  
   116.    Board or unit may carry out fire prevention work  
   117.    Interstate fire brigades and international fire brigades  
   118.    Documents signed by President or Deputy President to be evidence  
   119.    Offences relating to impersonation  
   120.    Damage or interference with fire indicator panel or other apparatus  
   121.    Obstruction of officers and damage to apparatus  
   122.    Recovery and application of penalties  
   123.    Alarm monitoring service to provide prescribed information  
   124.    Laying of charges  
   125.    Hearing of charges  
   126.    Decision of Chief Executive Officer  
   127.    Metropolitan Fire and Emergency Services Appeals Commission  
   128.    Rights of appeal  
   129.    Assistants in proceedings  
   130.    Appeals against transfer  
   131.    Promotion appeals  
   132.    Board and Chief Executive Officer  
   133.    Definition  
   134.    Entitlement to long service leave  
   135.    Payment in lieu of long service leave  
   136.    Leave not to affect Board's activities  
   137.    Provision in case of death before or during long service leave  
   138.    Fire prevention notices  
   139.    Service of notices  
   140.    Appeal against notices  
   141.    Fire prevention infringement notices  
   142.    Issue of notices by Chief Officer  
   143.    Consequential amendments—headings  

   PART 10--CONSEQUENTIAL AMENDMENTS OF OTHER ACTS

           Division 1--Amendment of Borrowing and Investment Powers Act 1987

   144.    Schedule 1  
   145.    Definitions  
   146.    Guidelines  
   147.    Membership and procedure  
   148.    General regulation-making powers  
   149.    Definitions  
   150.    Fire authority request for fire investigation  
   151.    Fire authority to assist  
   152.    Definitions  
   153.    Long service leave of officers etc.  
   154.    Duty to assist in major emergency  
   155.    Determination of sole responsibility for fire suppression in certain areas  
   156.    Determination of sole responsibility for fire prevention in certain areas  
   157.    Provisions about total fire bans  
   158.    Definitions  
   159.    Definitions  
   160.    Delegations  
   161.    Authority to send the information to relevant fire authority  
   162.    Emergency access to Project area  
   163.    Definitions  
   164.    Definitions  
   165.    Definitions  
   166.    Constitution of the State Crisis and Resilience Council  
   167.    Division to prevail  

           Division 10--Amendment of Emergency Services Superannuation Act 1986

   168.    Membership of the Board  
   169.    Scheme may be supplemented by Consolidated Fund  

           Division 11--Amendment of Emergency Services Telecommunications Authority Act 2004

   170.    Definitions  
   171.    Advisory committee  

           Division 12--Amendment of Firearms Act 1996

   172.    Schedule 3—Non-prohibited persons who are exempt from requirement to hold a licence under Part 2  

           Division 13--Amendment of Fire Services Property Levy Act 2012

   173.    Purpose  
   174.    Definitions  
   175.    Determination of levy rates  
   176.    Levy rates based on location of leviable land  
   177.    Permitted disclosures to particular persons  

           Division 14--Amendment of Gas Safety Act 1997

   178.    Mandatory reporting of gas incidents  

           Division 15--Amendment of Housing Act 1983

   179.    Insurance  

           Division 16--Amendment of Local Government Act 1989

   180.    What land is rateable?  

           Division 17--Amendment of Liquor Control Reform Act 1998

   181.    Definitions  
   182.    Appointment of fire safety inspector  
   183.    Disclosure of information for enforcement purposes  

           Division 18--Amendment of Marine Safety Act 2010

   184.    Consultation required before making a determination  

           Division 19--Amendment of National Electricity (Victoria) Act 2005

   185.    Definitions  

           Division 20--Amendment of Residential Tenancies Act 1997

   186.    Authorised persons  

           Division 21--Amendment of Sentencing Act 1991

   187.    Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial officers on duty  
   188.    Definitions  

           Division 22--Amendment of Taxation Administration Act 1997

   189.    Permitted disclosures to particular persons or for particular purposes  

           Division 23--Amendment of Terrorism (Community Protection) Act 2003

   190.    Definitions  

           Division 24--Amendment of Victoria State Emergency Service Act 2005

   191.    Duty to assist in major emergency  

   PART 11--REPEAL OF AMENDING PROVISIONS

   192.    Repeal of amending provisions  
           SCHEDULE 1
           ENDNOTES