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Firefighters' Presumptive Rights Compensation
and Fire Services Legislation Amendment (Reform)
Act 2019
No. of 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
3 Principal Act for the purposes of Parts 3 and 4 and 6 to 9 3
Part 2--Firefighters' Presumptive Rights Compensation 4
Division 1--Preliminary 4
4 Definitions 4
5 Construction of Act 5
Division 2--Operation of presumption in relation to career
firefighters 5
6 Rebuttable presumption as to cause of certain diseases in
relation to career firefighters 5
7 Determination of the qualifying period 6
8 Determination as to whether a firefighter is a career firefighter
for the purposes of this Division 7
Division 3--Operation of presumption in relation to volunteer
firefighters 7
9 Rebuttable presumption as to cause of certain diseases in
relation to volunteer firefighters 7
10 Determination of the qualifying period 8
11 Determination of whether a firefighter is a volunteer
firefighter for the purposes of this Division 9
12 Determination of whether section 9 requirement is met 9
Division 4--Operation of presumption because of special
consideration 10
13 Special consideration 10
14 What is an exceptional exposure event? 10
15 Application for special consideration 11
16 Determination of application for special consideration 12
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Division 5--General 12
17 Claim for injury occurring on or after 1 June 2016 12
18 Compensation for certain diseases due to firefighting by
volunteer firefighters 13
19 Compensation under the Workplace Injury Rehabilitation and
Compensation Act 2013 and the Country Fire Authority
Regulations 2014 15
20 Establishment of advisory committee 17
21 Payments 18
22 Regulations 18
Part 3--Amendments relating to the establishment of Fire Rescue
Victoria 20
23 Metropolitan Fire Brigades Act 1958 renamed 20
24 Purposes 20
25 New section 2A inserted 20
26 Definitions 21
27 Metropolitan Fire and Emergency Services Board 22
28 Functions of Board 23
29 Duty to assist in major emergency 23
30 Objective 23
31 Emergency Management Victoria 23
32 Compliance with operational standards of Emergency
Management Commissioner 24
33 Report on compliance with operational standards developed
by the Emergency Management Commissioner 24
34 Strategic Action Plan 24
35 Compliance with incident management operating procedures 24
36 New section 7C inserted 24
37 Accountability of Board 25
38 Constitution of the Board 27
39 Repeal of sections 10, 11 and 11A 35
40 Application of Public Administration Act 2004 35
41 Repeal of sections 13, 14 and 15 35
42 Decisions not affected by certain matters 36
43 Immunity of members of Board 36
44 Repeal of sections 18, 19 and 20 37
45 Decisions not affected by certain matters 37
46 Power to purchase and sell property 37
47 Power to acquire land 38
48 Power of delegation 38
49 General powers of Board 38
50 Employees of Board 39
51 New section 25C inserted 40
52 Formation of units 43
53 Copies of annual report and special report 43
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54 Repeal of sections 28, 29, 30 and 31 43
55 New sections 33A to 33G inserted 43
56 New section 2 inserted 48
57 Definitions 49
Part 4--Amendments relating to the Fire Rescue Victoria fire
district 50
58 Purposes 50
59 Definitions 50
60 Metropolitan fire district 51
61 New sections inserted 52
62 Duties and powers of councils and public authorities in
relation to fire 62
63 Municipal fire prevention officers and assistants 62
64 Functions of Board 62
65 New Schedule 2 62
66 Definitions 62
67 Declaration of fire danger period 63
68 Duties of owner etc. of land in case of fire during fire danger
period 63
69 General prohibition against lighting open air fires 63
70 Prohibited actions near fires 63
71 Prohibition of high fire risk activities 64
72 Required safety features of motor vehicles driven during fire
danger period near crops 64
73 Regulations 64
Part 5--Amendments relating to volunteer brigades located in the
Fire Rescue Victoria fire district 65
74 Objective 65
75 Recognition of Authority as a volunteer-based organisation 65
76 Immunity for officers etc. 66
77 New section inserted 66
78 New section 20AC inserted 68
79 Immunity provision 69
80 Delegation 69
81 Regulations 69
Part 6--Transitional provisions 70
82 New sections inserted 70
83 New Schedule 3 inserted 90
Part 7--Amendments relating to causing fires and other matters 101
84 New sections 94A to 94F inserted 101
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Part 8--Amendments relating to Fire Services Implementation
Monitor and Firefighters Registration Board 107
85 New sections inserted 107
Part 9--Consequential amendments of the Metropolitan Fire
Brigades Act 1958 138
86 Delegation of powers by Chief Officer 138
87 Powers of Chief Officer 138
88 Duty to warn the community 138
89 Action on alarm of fire 138
90 Destruction of building by Chief Officer 139
91 False alarm of fire 139
92 False report of fire 139
93 Power to make regulations 140
94 Annual estimate of expenditure and revenue 140
95 Contributions towards annual expenditure 140
96 Borrowing by Board 140
97 Power of Minister in case of default of Board 141
98 Guarantee of debentures etc. of Board 141
99 Board may establish funds 141
100 Investment by Board 141
101 Units to be registered 141
102 Damage to be covered by fire insurance 141
103 Immunity from certain liabilities 141
104 Board is a protection agency 141
105 Board may provide rescue and extrication services 142
106 Board may provide road accident rescue service 142
107 Board may provide protection services 142
108 Board may provide emergency prevention and response
service 142
109 Activities outside metropolitan district 142
110 Extension and application of Act 143
111 Rights to water 143
112 Collection of contributions for units 143
113 Regulation of height of buildings 143
114 Recovery of charges for services 143
115 Place where fire occurs 143
116 Board or unit may carry out fire prevention work 144
117 Interstate fire brigades and international fire brigades 144
118 Documents signed by President or Deputy President to be
evidence 145
119 Offences relating to impersonation 146
120 Damage or interference with fire indicator panel or other
apparatus 146
121 Obstruction of officers and damage to apparatus 146
122 Recovery and application of penalties 146
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123 Alarm monitoring service to provide prescribed information 146
124 Laying of charges 147
125 Hearing of charges 147
126 Decision of Chief Executive Officer 147
127 Metropolitan Fire and Emergency Services Appeals
Commission 147
128 Rights of appeal 147
129 Assistants in proceedings 147
130 Appeals against transfer 148
131 Promotion appeals 148
132 Board and Chief Executive Officer 148
133 Definition 148
134 Entitlement to long service leave 148
135 Payment in lieu of long service leave 148
136 Leave not to affect Board's activities 148
137 Provision in case of death before or during long service leave 149
138 Fire prevention notices 149
139 Service of notices 149
140 Appeal against notices 149
141 Fire prevention infringement notices 149
142 Issue of notices by Chief Officer 149
143 Consequential amendments--headings 150
Part 10--Consequential amendments of other Acts 152
Division 1--Amendment of Borrowing and Investment Powers
Act 1987 152
144 Schedule 1 152
Division 2--Amendment of Building Act 1993 152
145 Definitions 152
146 Guidelines 152
147 Membership and procedure 153
148 General regulation-making powers 153
Division 3--Amendment of Coroners Act 2008 153
149 Definitions 153
150 Fire authority request for fire investigation 153
151 Fire authority to assist 153
Division 4--Amendment of Country Fire Authority Act 1958 154
152 Definitions 154
153 Long service leave of officers etc. 154
154 Duty to assist in major emergency 154
155 Determination of sole responsibility for fire suppression in
certain areas 155
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156 Determination of sole responsibility for fire prevention in
certain areas 155
157 Provisions about total fire bans 155
158 Definitions 155
Division 5--Amendment of Dangerous Goods Act 1985 156
159 Definitions 156
160 Delegations 156
161 Authority to send the information to relevant fire authority 156
Division 6--Amendment of EastLink Project Act 2004 157
162 Emergency access to Project area 157
Division 7--Amendment of Electricity Safety Act 1998 157
163 Definitions 157
Division 8--Amendment of Emergency Management Act 1986 157
164 Definitions 157
Division 9--Amendment of Emergency Management Act 2013 158
165 Definitions 158
166 Constitution of the State Crisis and Resilience Council 159
167 Division to prevail 159
Division 10--Amendment of Emergency Services Superannuation
Act 1986 159
168 Membership of the Board 159
169 Scheme may be supplemented by Consolidated Fund 159
Division 11--Amendment of Emergency Services
Telecommunications Authority Act 2004 160
170 Definitions 160
171 Advisory committee 160
Division 12--Amendment of Firearms Act 1996 160
172 Schedule 3--Non-prohibited persons who are exempt from
requirement to hold a licence under Part 2 160
Division 13--Amendment of Fire Services Property Levy Act 2012 161
173 Purpose 161
174 Definitions 161
175 Determination of levy rates 161
176 Levy rates based on location of leviable land 162
177 Permitted disclosures to particular persons 163
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Division 14--Amendment of Gas Safety Act 1997 163
178 Mandatory reporting of gas incidents 163
Division 15--Amendment of Housing Act 1983 163
179 Insurance 163
Division 16--Amendment of Local Government Act 1989 163
180 What land is rateable? 163
Division 17--Amendment of Liquor Control Reform Act 1998 164
181 Definitions 164
182 Appointment of fire safety inspector 164
183 Disclosure of information for enforcement purposes 164
Division 18--Amendment of Marine Safety Act 2010 165
184 Consultation required before making a determination 165
Division 19--Amendment of National Electricity (Victoria)
Act 2005 165
185 Definitions 165
Division 20--Amendment of Residential Tenancies Act 1997 166
186 Authorised persons 166
Division 21--Amendment of Sentencing Act 1991 166
187 Custodial sentence for certain offences against emergency
workers, custodial officers and youth justice custodial officers
on duty 166
188 Definitions 167
Division 22--Amendment of Taxation Administration Act 1997 167
189 Permitted disclosures to particular persons or for particular
purposes 167
Division 23--Amendment of Terrorism (Community Protection)
Act 2003 167
190 Definitions 167
Division 24--Amendment of Victoria State Emergency Service
Act 2005 168
191 Duty to assist in major emergency 168
Part 11--Repeal of amending provisions 169
192 Repeal of amending provisions 169
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Schedule 1 170
═════════════
Endnotes 171
1 General information 171
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Firefighters' Presumptive Rights
Compensation and Fire Services
Legislation Amendment (Reform)
Act 2019
No. of 2019
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are to--
(a) provide a rebuttable presumption for--
(i) career firefighters suffering from
specified forms of cancer that the
cancer is presumed to be due to the
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Part 1--Preliminary
nature of their employment for the
purposes of claiming compensation
under the Workplace Injury
Rehabilitation and Compensation
Act 2013; or
(ii) volunteer firefighters suffering from
specified forms of cancer that the
cancer is presumed to be due to the
nature of their service as a firefighter
for the purposes of claiming
compensation under the Workplace
Injury Rehabilitation and
Compensation Act 2013; and
(b) amend the Metropolitan Fire Brigades
Act 1958--
(i) to abolish the Metropolitan Fire and
Emergency Services Board and to
establish Fire Rescue Victoria to take
on its functions; and
(ii) to abolish the positions of Chief
Executive Officer of the Metropolitan
Fire and Emergency Services Board
and Chief Officer of the Metropolitan
Fire and Emergency Services, and to
establish the positions of Fire Rescue
Commissioner and Deputy Fire Rescue
Commissioner; and
(iii) to establish the Strategic Advisory
Committee to advise Fire Rescue
Victoria; and
(iv) to change the boundaries of the Fire
Rescue Victoria fire district; and
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(v) to 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; and
(vi) to establish the Fire Services Monitor
and the Firefighters Registration Board;
and
(c) to amend the Country Fire Authority
Act 1958--
(i) to make it an objective of the Country
Fire Authority to support the
recruitment, development and retention
of volunteer officers and members; and
(ii) to recognise the Country Fire Authority
as a fully volunteer fire fighting
service; and
(iii) to allow certain functions to be
performed and powers to be exercised
within the Fire Rescue Victoria fire
district; and
(d) make consequential and other amendments
to other Acts.
2 Commencement
(1) This Part and Part 2 come into operation on the
day after the day on which this Act receives the
Royal Assent.
(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
3 Principal Act for the purposes of Parts 3 and 4 and
6 to 9
In Parts 3 and 4 and 6 to 9, the Metropolitan Fire
Brigades Act 1958 is called the Principal Act.
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Compensation
Division 1--Preliminary
4 Definitions
(1) In this Act--
advisory committee means the advisory
committee established under section 20;
Authority means the Victorian WorkCover
Authority;
career firefighter means a person who is or was
employed by a fire service as a firefighter in
a role in which firefighting duties are or were
a substantial portion;
CFA means the Country Fire Authority appointed
under the Country Fire Authority
Act 1958;
firefighter means--
(a) a career firefighter; or
(b) a volunteer firefighter;
firefighting means exposure to the hazards of a
fire scene, including extinguishing,
controlling or preventing the spread of fires;
volunteer firefighter means a person who
performs or has performed firefighting
duties, in a role in which firefighting duties
are or were a substantial portion, and who
receives or received no remuneration for the
performance of those duties.
(2) A reference in this Act to employment in relation
to a career firefighter includes appointment.
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5 Construction of Act
(1) This Act is to be read as if it formed part of the
Workplace Injury Rehabilitation and
Compensation Act 2013.
(2) If there is an inconsistency between this Act and
the Workplace Injury Rehabilitation and
Compensation Act 2013, this Act prevails to the
extent of the inconsistency.
(3) Unless inconsistent with the context or
subject-matter, words and expressions
defined in section 3 of the Workplace Injury
Rehabilitation and Compensation Act 2013
have the same meaning in this Act as they have
in that Act.
(4) If a firefighter satisfies the presumption under
Division 2, 3 or 4, their disease is to be taken to be
an injury within the meaning of the Workplace
Injury Rehabilitation and Compensation
Act 2013.
(5) A reference in this section to "this Act" does not
include a reference to Parts 3 to 11 of this 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
(1) An injury to a career firefighter is presumed to be
due to the nature of their employment as a
firefighter if--
(a) the injury--
(i) is a disease referred to in column 1 of
the Table in Schedule 1; and
(ii) occurs on or after 1 June 2016; and
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(b) the injury occurs during a period in which
the worker is employed as a career firefighter
or within the 10 year period after the worker
ceases to be employed or served as a
firefighter; and
(c) before the date on which the injury that is a
disease referred to in column 1 of the Table
in Schedule 1 occurred the worker is or was
employed, or served as a firefighter, for at
least the qualifying period specified in
column 2 of that Table opposite the
disease--
in the absence of proof to the contrary.
(2) For the purposes of this section, if a worker
suffers an injury that is a disease specified in
column 1 of the Table in Schedule 1, the injury is
to be taken to have occurred on the day on which
the worker--
(a) is first diagnosed as suffering from the
disease; or
(b) dies by reason of the disease--
whichever occurs first.
7 Determination of the qualifying period
(1) For the purposes of determining a period under
section 6(1)(c), the following periods may be
combined--
(a) any period during which the worker was
employed as a career firefighter; and
(b) any period during which the worker served
as a volunteer firefighter.
(2) For the purposes of subsection (1), any
consecutive or non-consecutive periods during
which a worker has been employed or has served
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as specified in subsection (1)(a) or (b) may be
combined.
(3) If a worker has been employed or has served as
specified in both paragraphs of subsection (1) at
the same time, that period of concurrent
employment or service is to be counted once only
for the purposes of subsection (1).
8 Determination as to whether a firefighter is a career
firefighter for the purposes of this Division
(1) If a firefighter is employed as a career firefighter
at the time the injury occurs, they are to be taken
to be a career firefighter for the purposes of this
Division.
(2) If a firefighter has ceased employment as a career
firefighter, they are to be taken to be a career
firefighter for the purposes of this Division if--
(a) their most recent employment or service as a
firefighter was as a career firefighter; or
(b) on balance, the majority of their employment
or service was as a career firefighter.
Division 3--Operation of presumption in relation to
volunteer firefighters
9 Rebuttable presumption as to cause of certain
diseases in relation to volunteer firefighters
(1) An injury to a volunteer firefighter is presumed to
be due to the nature of their service as a firefighter
if--
(a) the injury--
(i) is a disease referred to in column 1 of
the Table in Schedule 1; and
(ii) occurs on or after 1 June 2016; and
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(b) the injury occurs during a period in which
the volunteer firefighter served as a
firefighter or within the 10 year period after
the volunteer firefighter ceases to serve as a
firefighter; and
(c) before the date on which the injury that is a
disease referred to in column 1 of the Table
in Schedule 1 occurred, the volunteer
firefighter served as a firefighter for at least
the qualifying period specified in column 2
of that Table opposite the disease, and the
volunteer firefighter attended fires to the
extent reasonably necessary to fulfil the
purpose of their service as a firefighter--
in the absence of proof to the contrary.
(2) For the purposes of this section, if a volunteer
firefighter suffers an injury that is a disease
specified in column 1 of the Table in Schedule 1,
the injury is to be taken to have occurred on the
day on which the volunteer firefighter--
(a) is first diagnosed as suffering from the
disease; or
(b) dies by reason of the disease--
whichever occurs first.
10 Determination of the qualifying period
(1) For the purposes of determining a period under
section 9, any period during which the volunteer
firefighter was employed as a career firefighter
may be combined with service as a volunteer
firefighter.
(2) For the purposes of subsection (1), any
consecutive or non-consecutive periods during
which a volunteer firefighter has been employed
or has served as specified in subsection (1) may be
combined.
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(3) If a volunteer firefighter has been employed or has
served as a volunteer firefighter and a career
firefighter at the same time, that period of
concurrent employment or service is to be counted
once only for the purposes of subsection (1).
11 Determination of whether a firefighter is a volunteer
firefighter for the purposes of this Division
(1) Subject to section 8(2), if a firefighter is serving
as a volunteer firefighter at the time the injury
occurs, they are to be taken to be a volunteer
firefighter for the purposes of this Division.
(2) Subject to section 8(2), if a firefighter has ceased
employment or service as a firefighter, they are to
be taken to be a volunteer firefighter for the
purposes of this Division if their most recent
service or employment as a firefighter was as a
volunteer firefighter.
12 Determination of whether section 9 requirement is
met
(1) For the purposes of determining whether a
volunteer firefighter attended fires to the extent
reasonably necessary to fulfil the purpose of their
service as a firefighter under section 9, the
Authority must seek an expert opinion from the
advisory committee.
(2) In providing the expert opinion to the Authority,
the advisory committee must have regard to--
(a) any relevant records, brigade records,
CFA data, employer data and local
knowledge; and
(b) any other matter prescribed by the
regulations.
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(3) The Authority--
(a) must have regard to the expert opinion
provided to the Authority under
subsection (1); and
(b) is not required to make a determination that
is consistent with the expert opinion
provided under subsection (1).
Division 4--Operation of presumption because of
special consideration
13 Special consideration
(1) If a firefighter--
(a) suffers an injury that is a disease referred to
in column 1 of the Table in Schedule 1; and
(b) would not be entitled to the presumption
under Division 2 or 3 only because the
firefighter does not satisfy the relevant
qualifying period; and
(c) can prove in accordance with this Division
that the firefighter has had an exceptional
exposure event in a firefighting capacity
whether within or outside Victoria while
employed or serving as a firefighter--
the injury is presumed to be due to the nature of
their employment or service as a firefighter.
(2) A firefighter who intends to rely on subsection (1)
must make an application for special
consideration in accordance with section 15.
14 What is an exceptional exposure event?
For the purposes of determining whether a
firefighter has had an exceptional exposure event,
regard must be given to the following--
(a) the nature of the event;
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(b) whether there are any relevant findings from
a coroner, any court proceedings or other
official inquiry regarding an event known to
have exposed firefighters to carcinogens, and
if so, the nature of the findings;
(c) any relevant records, brigade records,
CFA data, employer data or local
knowledge;
(d) any other matter prescribed by the
regulations.
15 Application for special consideration
(1) An application for special consideration must
be--
(a) in the manner and form prescribed by the
regulations; and
(b) made to the Authority.
(2) An application for special consideration may only
be made--
(a) at the same time as a claim for compensation
is made; or
(b) after a claim for compensation has been
made but before the claim has been accepted
or rejected; or
(c) within the period of 60 days after the claim
for compensation has been rejected.
(3) In subsection (2) and section 16, a claim for
compensation means a claim for compensation
under the Workplace Injury Rehabilitation and
Compensation Act 2013 in respect of which the
presumption under Division 2 or 3 is invoked.
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16 Determination of application for special
consideration
(1) The Authority must determine an application for
special consideration only if the Authority has
rejected a claim for compensation by the
applicant.
(2) The Authority must forward an application for
special consideration to the advisory committee
for an expert opinion as to whether the firefighter
has had an exceptional exposure event.
(3) The Authority must forward the application for
special consideration as soon as practicable after
the Authority has--
(a) received the application for special
consideration; or
(b) has rejected the claim for compensation--
whichever occurs later.
(4) The Authority must, within the period of 10 days
after receiving the expert opinion from the
advisory committee, determine the application for
special consideration having regard to the expert
opinion.
(5) The Authority is not required to make a
determination of the application for special
consideration that is consistent with the expert
opinion.
Division 5--General
17 Claim for injury occurring on or after 1 June 2016
(1) If before the commencement of this Part--
(a) a firefighter has made a claim for
compensation under the Workplace
Injury Rehabilitation and Compensation
Act 2013 in respect of an injury that is a
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disease referred to in column 1 of the Table
in Schedule 1 which occurred on or after
1 June 2016; and
(b) the Authority has rejected the claim for
compensation--
the firefighter is entitled to make a new claim for
compensation in accordance with this Act.
(2) If before the commencement of this Part--
(a) a firefighter has made a claim for
compensation in accordance with Part 6 of
the Country Fire Authority Regulations 2014
in respect of an injury that is a disease
referred to in column 1 of the Table in
Schedule 1 which occurred on or after
1 June 2016; and
(b) the CFA has rejected the claim for
compensation--
the firefighter is entitled to make a new claim for
compensation in accordance with this Act.
18 Compensation for certain diseases due to
firefighting by volunteer firefighters
(1) Subject to section 19, if an injury to a volunteer
firefighter is deemed under this Act to be due to
the nature of their service as a firefighter, the
volunteer firefighter must make a claim for
compensation under the Workplace Injury
Rehabilitation and Compensation Act 2013 in
respect of that injury.
(2) The compensation must be paid in accordance
with and subject to the Workplace Injury
Rehabilitation and Compensation Act 2013 as
if the volunteer firefighter were a worker within
the meaning of that Act and the disease were an
injury arising out of or in the course of their
employment.
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(3) A claim for compensation must be made to the
Authority in accordance with the Workplace
Injury Rehabilitation and Compensation
Act 2013.
(4) All matters relating to compensation must be
determined in accordance with the Workplace
Injury Rehabilitation and Compensation
Act 2013 by the Authority, the Conciliation
Service, a Medical Panel, the County Court or
the Magistrates' Court, as the case requires.
(5) In making a determination in relation to any
matter referred to in subsection (2), the Authority,
the Conciliation Service, a Medical Panel, the
County Court or the Magistrates' Court must, as
far as practicable, be guided by reference to the
applicable provisions of the Workplace Injury
Rehabilitation and Compensation Act 2013
governing the corresponding matter in that Act.
(6) For the purpose of assessing compensation, the
pre-injury average weekly earnings of a volunteer
firefighter is to be computed by the Authority, the
Conciliation Service, a Medical Panel, the County
Court or the Magistrates' Court--
(a) by reference to the volunteer firefighter's
employment by any employer or employers
during the relevant period before the injury;
or
(b) if the volunteer firefighter was not then
working under a contract of service, on any
basis that, in the opinion of the Authority,
the Conciliation Service, a Medical Panel,
the County Court or the Magistrates' Court,
is best calculated to give the appropriate
compensation for the volunteer firefighter's
loss of earning capacity--
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but so that any relevant maximum limits imposed
by the Workplace Injury Rehabilitation and
Compensation Act 2013 are not exceeded.
(7) For the purposes of enabling a return to work of a
volunteer firefighter, the Authority may do any of
the following--
(a) plan the volunteer firefighter's return to
work;
(b) approve a provider of occupational
rehabilitation services for the purposes of
planning the volunteer firefighter's return to
work under paragraph (a);
(c) provide alternative assistance or programs to
the volunteer firefighter or in respect of the
employment of the volunteer firefighter.
(8) The Authority must make any payment of
compensation under this section out of the
WorkCover Authority Fund.
(9) For the purposes of subsection (8), any reasonable
costs and expenses (including legal costs) incurred
in administering claims under this section are
taken to be a payment of compensation.
19 Compensation under the Workplace Injury
Rehabilitation and Compensation Act 2013 and the
Country Fire Authority Regulations 2014
(1) A volunteer firefighter is not entitled to make a
claim for compensation in respect of the same
injury under the Workplace Injury
Rehabilitation and Compensation Act 2013 and
in accordance with Part 6 of the Country Fire
Authority Regulations 2014 at the same time.
(2) Subject to subsection (4), if a volunteer
firefighter's claim under Division 3 is rejected,
the volunteer firefighter may make a claim for
compensation in accordance with Part 6 of the
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Country Fire Authority Regulations 2014 in
respect of the same injury and is entitled to have
the claim determined in accordance with that
Division.
(3) The rejection of a volunteer firefighter's claim
under Division 3 does not prejudice the volunteer
firefighter's claim for compensation in accordance
with Part 6 of the Country Fire Authority
Regulations 2014.
(4) A volunteer firefighter is not entitled to make a
claim for compensation in accordance with Part 6
of the Country Fire Authority Regulations 2014 if
the volunteer firefighter's claim in respect of the
same injury is rejected under Division 3 because
the Authority proved that the injury was not due to
the nature of the volunteer firefighter's service as a
firefighter.
(5) If the volunteer firefighter's claim in accordance
with Part 6 of the Country Fire Authority
Regulations 2014 is rejected, the volunteer
firefighter may make a claim under Division 3 in
respect of the same injury and is entitled to have
the claim determined in accordance with that
Division.
(6) The rejection of a volunteer firefighter's claim for
compensation in accordance with Part 6 of the
Country Fire Authority Regulations 2014 does not
prejudice the volunteer firefighter's claim under
Division 3.
(7) A volunteer firefighter is not entitled to
compensation in relation to the same injury under
the Workplace Injury Rehabilitation and
Compensation Act 2013 and in accordance with
Part 6 of the Country Fire Authority Regulations
2014.
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(8) The Authority and the CFA may exchange any
document produced or served or information
acquired in respect of a proceeding or claim for
compensation by a volunteer firefighter in relation
to the same injury under the Workplace Injury
Rehabilitation and Compensation Act 2013 and
in accordance with Part 6 of the Country Fire
Authority Regulations 2014.
20 Establishment of advisory committee
(1) The Minister must establish an advisory
committee for the purposes of this Act in
accordance with the regulations.
(2) The purpose of the advisory committee is to
provide an expert opinion to the Authority as to--
(a) whether a volunteer firefighter has attended
fires to the extent reasonably necessary to
fulfil the purposes of service as a firefighter
as required by section 9(1)(c); or
(b) whether a firefighter has had an exceptional
exposure event.
(3) Without limiting the generality of section 22,
the regulations may make provision for or with
respect to--
(a) the appointment of the advisory committee,
including--
(i) the number of members; and
(ii) the experience or qualifications of
members; and
(iii) remuneration of members; and
(b) the powers and procedures of the advisory
committee, including conditions of
confidentiality of information provided to the
advisory committee; and
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(c) the form of an expert opinion and the process
for providing an expert opinion to the
Authority.
21 Payments
(1) The Authority must make any payments necessary
for the purposes of the administration of this Act
(other than section 18) out of the WorkCover
Authority Fund.
(2) There is to be paid into the WorkCover Authority
Fund out of the Consolidated Fund, which is to
the necessary extent appropriated accordingly, the
amount of any payments under section 18.
22 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
(2) The regulations may--
(a) confer powers or impose duties in
connection with the regulations on any
specified person or specified class of
persons; and
(b) apply, adopt or incorporate with or without
modification, any matter contained in any
document, code, standard, rule, specification
or method formulated, issued, prescribed or
published by any person--
(i) wholly or partially or as amended by
the regulations; or
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(ii) as formulated, issued, prescribed or
published at the time the regulations
are made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time.
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Part 3--Amendments relating to the
establishment of Fire Rescue Victoria
23 Metropolitan Fire Brigades Act 1958 renamed
(1) In the title to the Principal Act, for
"Metropolitan Fire Brigades" substitute
"Fire Rescue Victoria".
(2) In section 1 of the Principal Act, for
"Metropolitan Fire Brigades" substitute
"Fire Rescue Victoria".
24 Purposes
In section 2(b) of the Principal Act, for
"a Metropolitan Fire and Emergency Services
Board" substitute "Fire Rescue Victoria".
25 New section 2A inserted
After section 2 of the Principal Act insert--
"2A Objectives relating to interaction between
fire services agencies
(1) It is the intention of the Parliament that
Fire Rescue Victoria and the Country
Fire Authority establish processes that
will ensure that they--
(a) promote collaboration and
coordination between fire services
agencies to best meet the safety
needs of the community; and
(b) recognise the importance of
maintaining capacity to respond to
peaks in demand for fire services
within fire services agencies; and
(c) recognise and value the
contribution of volunteer brigades;
and
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(d) recognise that both volunteer
firefighters and career firefighters
are vital to delivering safe and
sustainable fire services; and
(e) maintain the ability of fire
services agencies to respond to
critical incidents, to prevent and
suppress fires and to protect life
and property.
(2) In this section, the expressions career
firefighter and volunteer firefighter
have the same meanings as in the
Firefighters' Presumptive Rights
Compensation and Fire Services
Legislation Amendment (Reform)
Act 2019.".
26 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions--
"Country Fire Authority means the Authority
appointed under section 6(1) of the Country
Fire Authority Act 1958;
Deputy Fire Rescue Commissioner means a
Deputy Fire Rescue Commissioner
appointed under section 9A(1);
Fire Rescue Commissioner means the Fire
Rescue Commissioner appointed under
section 9(1);
Fire Rescue Victoria means the authority
established by section 6;
Secretary means the Secretary to the Department
for which the Minister administering this Act
is responsible;
Strategic Advisory Committee means the
committee established by section 33A;
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volunteer brigade has the same meaning as it has
in the Country Fire Authority Act 1958;".
(2) In section 3(1) of the Principal Act, the definitions
of Board and Chief Officer are repealed.
(3) In section 3(1) of the Principal Act, in the
definitions of applicable work program,
senior operational staff and senior position, for
"the Board" substitute "Fire Rescue Victoria".
27 Metropolitan Fire and Emergency Services Board
For section 6 of the Principal Act substitute--
"6 Fire Rescue Victoria
(1) Fire Rescue Victoria is established by this
section.
(2) Fire Rescue Victoria is constituted by the
Fire Rescue Commissioner.
(3) Fire Rescue Victoria--
(a) is a body corporate with perpetual
succession; and
(b) must have an official seal; and
(c) may sue and be sued in its corporate
name; and
(d) may acquire, hold and dispose of real
and personal property for the purpose
of performing its functions; and
(e) may do and suffer all acts and things
that bodies corporate may by law do
and suffer and that are necessary or
incidental for the performance of its
functions.".
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28 Functions of Board
(1) In section 7(1) of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
(2) After section 7(1)(b) of the Principal Act insert--
"(ba) to implement the fire and emergency
services priorities of the Government of
Victoria; and
(bb) to provide operational and management
support to the Country Fire Authority in
consultation with and as agreed by the
Authority, to meet the Authority's objective
under section 6B of the Country Fire
Authority Act 1958, including support to
maintain, strengthen and encourage the
capability of volunteers; and".
(3) In section 7(2) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(4) In section 7(3) of the Principal Act, for "the
Board" substitute "Fire Rescue Victoria".
29 Duty to assist in major emergency
(1) In section 7AA(1) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(2) In section 7AA(2) of the Principal Act, in the
definition of emergency agency, for "the Board"
substitute "Fire Rescue Victoria".
30 Objective
In section 7A of the Principal Act, for "the Board"
substitute "Fire Rescue Victoria".
31 Emergency Management Victoria
In section 7AB of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
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32 Compliance with operational standards of
Emergency Management Commissioner
In section 7AC of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
33 Report on compliance with operational standards
developed by the Emergency Management
Commissioner
(1) In section 7AD(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 7AD(2) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
34 Strategic Action Plan
(1) In section 7AE of the Principal Act, for
"The Board" (wherever occurring) substitute
"Fire Rescue Victoria".
(2) In section 7AE(2) of the Principal Act, for
"the Authority" substitute "Fire Rescue Victoria".
(3) In section 7AE(4) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
35 Compliance with incident management operating
procedures
In section 7B of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
36 New section 7C inserted
After section 7B of the Principal Act insert--
"7C Fire Rescue Commissioner and Deputy
Fire Rescue Commissioners
(1) There is to be--
(a) a Fire Rescue Commissioner; and
(b) as many Deputy Fire Rescue
Commissioners as the Governor in
Council considers necessary.
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(2) The Fire Rescue Commissioner--
(a) has all the functions, duties and powers
of Fire Rescue Victoria; and
(b) has any other functions, duties and
powers conferred on the Fire Rescue
Commissioner by or under--
(i) this Act or the regulations; or
(ii) any other Act or regulations under
any other Act.
(3) All acts and things done by the Fire Rescue
Commissioner in the name of, or on behalf
of, Fire Rescue Victoria are taken to have
been done by Fire Rescue Victoria.
(4) A Deputy Fire Rescue Commissioner has
the functions, duties and powers that are
delegated to the Deputy Fire Rescue
Commissioner by the Fire Rescue
Commissioner.".
37 Accountability of Board
For section 8 of the Principal Act substitute--
"8 Accountability of Fire Rescue Victoria
and the Fire Rescue Commissioner
(1) Fire Rescue Victoria and the Fire Rescue
Commissioner are subject to the general
direction and control of the Minister in the
performance of the duties and functions and
the exercise of powers of Fire Rescue
Victoria and the Fire Rescue Commissioner,
including, but not limited to, the policies and
priorities to be pursued by Fire Rescue
Victoria and the Fire Rescue Commissioner.
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(2) Subject to this section, the Minister may
from time to time give written directions to
Fire Rescue Victoria and the Fire Rescue
Commissioner.
(3) The Minister must not give a direction under
subsection (2) in relation to the exercise of
the operational functions and powers of Fire
Rescue Victoria or the Fire Rescue
Commissioner including, but not limited to,
a function or power under any of the
following provisions of this Act--
(a) section 26;
(b) section 32;
(c) section 32AA;
(d) section 32B;
(e) section 32C;
(f) section 32D;
(g) section 52;
(h) section 55A;
(i) section 55B;
(j) section 55C;
(k) section 55D;
(l) section 55E(1), (2) or (4);
(m) section 58;
(n) section 59;
(o) section 60;
(p) section 71;
(q) section 72;
(r) section 72A;
(s) section 78;
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(t) section 90;
(u) section 93.
(4) The Minister must not give a direction under
subsection (2) in relation to the exercise of
the powers of delegation under sections 24B
and 31A.
(5) The Minister must not give a direction
under subsection (2) in relation to the
organisational structure of Fire Rescue
Victoria.
(6) The Minister must not give a direction under
subsection (2) in relation to--
(a) the allocation or deployment of
employees at particular locations; or
(b) the establishment of fire or emergency
services units.
(7) If the Minister gives a direction under
subsection (2)--
(a) the Minister must cause a copy of the
direction to be published in the
Government Gazette; and
(b) the Fire Rescue Commissioner must
cause a copy of the direction to be
published on the Internet site of Fire
Rescue Victoria.".
38 Constitution of the Board
For section 9 of the Principal Act substitute--
"9 Appointment of Fire Rescue
Commissioner
(1) The Fire Rescue Commissioner is to be
appointed by the Governor in Council, on the
recommendation of the Minister.
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(2) 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--
(a) fire services; or
(b) emergency services; or
(c) a related field.
(3) The Fire Rescue Commissioner holds office
for the period, not exceeding 5 years,
specified in the Fire Rescue Commissioner's
instrument of appointment.
(4) The Fire Rescue Commissioner is entitled to
receive--
(a) remuneration; and
(b) travelling or other allowances--
specified in the Fire Rescue Commissioner's
instrument of appointment.
(5) The Fire Rescue Commissioner is eligible
for reappointment.
(6) The Fire Rescue Commissioner holds office
on the terms and conditions specified in the
Fire Rescue Commissioner's instrument of
appointment.
9A Deputy Fire Rescue Commissioners
(1) A Deputy Fire Rescue Commissioner is to be
appointed by the Governor in Council on the
recommendation of the Minister.
(2) The Governor in Council must not appoint a
person as a Deputy Fire Rescue
Commissioner unless the Governor in
Council is satisfied that the person has
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appropriate management and operational
expertise in--
(a) fire services; or
(b) emergency services; or
(c) a related field.
(3) The Governor in Council must not appoint a
person as a Deputy Fire Rescue
Commissioner unless the Governor in
Council is satisfied that the Minister has
consulted the Fire Rescue Commissioner
about the appointment.
(4) A Deputy Fire Rescue Commissioner holds
office for the period, not exceeding 5 years,
specified in the Deputy Fire Rescue
Commissioner's instrument of appointment.
(5) A Deputy Fire Rescue Commissioner is
entitled to receive--
(a) remuneration; and
(b) travelling or other allowances--
specified in the Deputy Fire Rescue
Commissioner's instrument of appointment.
(6) A Deputy Fire Rescue Commissioner is
eligible for reappointment.
(7) A Deputy Fire Rescue Commissioner holds
office on the terms and conditions specified
in the Deputy Fire Rescue Commissioner's
instrument of appointment.
9B Ceasing to hold office
The Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner ceases to hold
office if the Fire Rescue Commissioner or
Deputy Fire Rescue Commissioner, as the
case requires--
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(a) resigns under section 9C; or
(b) becomes an insolvent under
administration; or
(c) is convicted of an indictable offence or
an offence that, if committed in
Victoria, would be an indictable
offence; or
(d) nominates for election for the
Parliament of Victoria or of the
Commonwealth or of another State or a
Territory of the Commonwealth; or
(e) is removed from office under
section 9D.
9C Resignation
(1) The Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner may resign by
signed letter delivered to the Governor in
Council.
(2) A resignation under subsection (1) takes
effect--
(a) on the day the letter is received by the
Governor in Council; or
(b) if a later date is specified in the letter,
on that later date.
9D Removal from office
(1) The Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner may be removed
from office by the Governor in Council on
any of the following grounds--
(a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of office;
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(d) any other ground on which the
Governor in Council is satisfied that the
person is unfit for office.
(2) The Governor in Council must not remove a
Deputy Fire Rescue Commissioner under
subsection (1) unless the Governor in
Council is satisfied that the Minister has
consulted the Fire Rescue Commissioner
about the removal.
9E Suspension from office
(1) The Fire Rescue Commissioner or a
Deputy Fire Rescue Commissioner may
be suspended from office by the Governor
in Council.
(2) The Governor in Council must not suspend
the Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner under subsection
(1) unless the Governor in Council believes
that grounds may exist for the removal of the
Fire Rescue Commissioner or the Deputy
Fire Rescue Commissioner under
section 9D(1).
(3) The Governor in Council may revoke the
suspension of the Fire Rescue Commissioner
or a Deputy Fire Rescue Commissioner at
any time.
(4) If--
(a) the Fire Rescue Commissioner or a
Deputy Fire Rescue Commissioner has
been suspended; and
(b) the Governor in Council has not
revoked the suspension under
subsection (3) during the period of
30 days after the suspension--
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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.
9F Acting Fire Rescue Commissioner
(1) The Governor in Council may appoint
a person to act as the Fire Rescue
Commissioner for a period of not
more than 12 months--
(a) during a vacancy in the office of the
Fire Rescue Commissioner; or
(b) during any period when the Fire Rescue
Commissioner is absent from duty or is
for any other reason unable to perform
the duties of the office.
(2) The Minister may appoint a person to act as
the Fire Rescue Commissioner for a period
of not more than 4 weeks--
(a) during a vacancy in the office of the
Fire Rescue Commissioner; or
(b) during any period when the Fire Rescue
Commissioner is absent from duty or is
for any other reason unable to perform
the duties of the office.
(3) Before appointing a person to act as the Fire
Rescue Commissioner, the Governor in
Council or the Minister, as the case requires,
must be satisfied that the person has
appropriate management and operational
expertise in--
(a) fire services; or
(b) emergency services; or
(c) a related field.
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(4) A person appointed to act as the Fire Rescue
Commissioner--
(a) holds office for the period specified in
the person's instrument of appointment;
and
(b) is entitled to the remuneration and
allowances to which the Fire Rescue
Commissioner would have been
entitled; and
(c) holds office on such other terms and
conditions as are specified in the
person's instrument of appointment.
(5) 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.
(6) The Governor in Council may revoke an
appointment under subsection (1) at any
time.
(7) The Minister may revoke an appointment
under subsection (2) at any time.
(8) A person appointed to act as the Fire Rescue
Commissioner under subsection (1) or (2) is
eligible for reappointment.
9G Acting Deputy Fire Rescue Commissioner
(1) The Governor in Council may appoint a
person to act as a Deputy Fire Rescue
Commissioner for a period of not more than
12 months--
(a) during a vacancy in the office of a
Deputy Fire Rescue Commissioner; or
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(b) during any period when a Deputy Fire
Rescue Commissioner is absent from
duty or is for any other reason unable to
perform the duties of the office.
(2) 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--
(a) during a vacancy in the office of a
Deputy Fire Rescue Commissioner; or
(b) during any period when a Deputy Fire
Rescue Commissioner is absent from
duty or is for any other reason unable to
perform the duties of the office.
(3) Before appointing a person to act as a
Deputy Fire Rescue Commissioner, the
Governor in Council or the Fire Rescue
Commissioner, as the case requires, must be
satisfied that the person has appropriate
management and operational expertise in--
(a) fire services; or
(b) emergency services; or
(c) a related field.
(4) Before appointing a person to act as a
Deputy Fire Rescue Commissioner, the
Governor in Council must be satisfied that
the Minister has consulted the Fire Rescue
Commissioner.
(5) A person appointed to act as a Deputy Fire
Rescue Commissioner--
(a) holds office for the period specified in
the person's instrument of appointment;
and
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(b) is entitled to the remuneration and
allowances to which a Deputy Fire
Rescue Commissioner would have been
entitled; and
(c) holds office on such other terms and
conditions as are specified in the
person's instrument of appointment.
(6) While a person is acting as a Deputy Fire
Rescue Commissioner, the person has all the
powers and may perform any of the
functions of a Deputy Fire Rescue
Commissioner.
(7) The Governor in Council may revoke an
appointment under subsection (1) at any
time.
(8) The Fire Rescue Commissioner may revoke
an appointment under subsection (2) at any
time.
(9) A person appointed to act as a Deputy Fire
Rescue Commissioner under subsection (1)
or (2) is eligible for reappointment.".
39 Repeal of sections 10, 11 and 11A
Sections 10, 11 and 11A of the Principal Act are
repealed.
40 Application of Public Administration Act 2004
In section 12 of the Principal Act, for "a member
of the Board in respect of the office of member"
substitute "the Fire Rescue Commissioner and the
Deputy Fire Rescue Commissioners in respect of
those offices".
41 Repeal of sections 13, 14 and 15
Sections 13, 14 and 15 of the Principal Act are
repealed.
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42 Decisions not affected by certain matters
For section 16 of the Principal Act substitute--
"16 Decisions not affected by certain matters
An act or decision of Fire Rescue Victoria,
the Fire Rescue Commissioner, a Deputy
Fire Rescue Commissioner, an acting Fire
Rescue Commissioner or an acting Deputy
Fire Rescue Commissioner is not invalid
only because--
(a) of a defect or irregularity in the
appointment of the Fire Rescue
Commissioner, Deputy Fire Rescue
Commissioner, acting Fire Rescue
Commissioner or acting Deputy Fire
Rescue Commissioner; or
(b) of a vacancy in the office of Fire
Rescue Commissioner or a Deputy Fire
Rescue Commissioner; or
(c) the occasion for the appointment of an
acting Fire Rescue Commissioner or an
acting Deputy Fire Rescue
Commissioner has ceased to exist.".
43 Immunity of members of Board
(1) In section 17(1) of the Principal Act, for
"A member of the Board" substitute "The Fire
Rescue Commissioner or a Deputy Fire Rescue
Commissioner".
(2) In section 17(2) of the Principal Act, for
"a member of the Board attaches instead to the
Board" substitute "the Fire Rescue Commissioner
or a Deputy Fire Rescue Commissioner attaches
instead to Fire Rescue Victoria".
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44 Repeal of sections 18, 19 and 20
Sections 18, 19 and 20 of the Principal Act are
repealed.
45 Decisions not affected by certain matters
For section 21 of the Principal Act substitute--
"21 Conflicts of interest
(1) If the Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner has a conflict of
interest in a matter arising in the course of
duty, the Fire Rescue Commissioner or
Deputy Fire Rescue Commissioner, as the
case requires, must declare the conflict to the
Minister as soon as reasonably practicable.
(2) If the Fire Rescue Commissioner or a Deputy
Fire Rescue Commissioner has made a
conflict of interest declaration under
subsection (1) in relation to a matter, the Fire
Rescue Commissioner or Deputy Fire
Rescue Commissioner, as the case requires,
must not take any further part in decisions
relating to that matter, unless otherwise
directed to do so by the Minister.
(3) For the purposes of this section, a person is
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.".
46 Power to purchase and sell property
(1) In section 24(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 24 of the Principal Act, for "the Board"
(wherever occurring) substitute "Fire Rescue
Victoria".
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47 Power to acquire land
(1) In section 24A(1) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(2) In section 24A(2)(a) of the Principal Act, for
"Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria Act 1958".
(3) In section 24A(2)(b) of the Principal Act, for
"the Metropolitan Fire and Emergency Services
Board" substitute "Fire Rescue Victoria".
48 Power of delegation
(1) In section 24B of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 24B of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
49 General powers of Board
(1) In section 25A(1) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(2) In section 25A(2) of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
(3) In section 25A(2)(g) of the Principal Act, for
"the Board's" substitute "Fire Rescue Victoria's".
(4) In section 25A(3) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(5) In section 25A(3)(a) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(6) In section 25A(4) of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
(7) In section 25A(4A) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
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50 Employees of Board
(1) In section 25B(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) After section 25B(2) of the Principal Act insert--
"(3) Fire Rescue Victoria may enter into a
secondment agreement (within the meaning
of section 25C(10)) with the Country Fire
Authority under which 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.
(4) Despite anything in this Act or any other
Act, an officer or employee made available
to the Country Fire Authority under a
secondment agreement (within the meaning
of section 25C(10)) remains an officer or
employee of Fire Rescue Victoria and is not
an officer or employee of the Country Fire
Authority.
(5) Nothing in this section or the Country Fire
Authority Act 1958--
(a) empowers the Country Fire Authority,
under section 17 of the Country Fire
Authority Act 1958, to exercise a
power in respect of an officer or
employee made available (whether on a
full-time, part-time or other basis) to
the Country Fire Authority under
subsection (3); or
(b) imposes a duty upon the Country Fire
Authority, under section 18 or 19 of the
Country Fire Authority Act 1958, in
respect of an officer or employee made
available (whether on a full-time,
part-time or other basis) to the Country
Fire Authority under subsection (3).".
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51 New section 25C inserted
After section 25B of the Principal Act insert--
"25C Secondment agreements
(1) If Fire Rescue Victoria proposes to make one
or more officers or employees of Fire Rescue
Victoria available to the Country Fire
Authority under a secondment agreement,
the Chief Officer of the Country Fire
Authority may agree to a particular officer or
employee being made available under the
secondment agreement if--
(a) the Fire Rescue Commissioner, in
consultation with the Chief Officer of
the Country Fire Authority, has
conducted an equitable, fair and
transparent selection process covering
the officers and employees proposed to
be made available under the
secondment agreement; and
(b) the particular officer or employee
participated in the equitable, fair and
transparent selection process; and
(c) the Chief Officer of the Country Fire
Authority is satisfied that the officer or
employee selected through that process
is suitable to be made available.
(2) If the Chief Officer of the Country Fire
Authority is not satisfied that suitable
officers or employees can be made available
as a result of subsection (1), the Chief
Officer of the Country Fire Authority may
request Fire Rescue Victoria to conduct a
further external equitable, fair and
transparent selection process, in consultation
with the Chief Officer of the Country Fire
Authority.
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(3) A person cannot be engaged as an officer or
employee of Fire Rescue Victoria as a result
of a selection process carried out under
subsection (2) unless the person meets the
registration requirements (however
described) specified by the Firefighters
Registration Board.
(4) If Fire Rescue Victoria proposes to make one
or more officers or employees of Fire Rescue
Victoria available to the Country Fire
Authority under a secondment agreement--
(a) the Chief Officer of the Country Fire
Authority must agree to a particular
officer or employee being made
available under the secondment
agreement if the officer or employee is
a transferred employee (within the
meaning of section 101 or 102) or a
person transferred to the employment
of Fire Rescue Victoria under
section 103; and
(b) to avoid doubt, an officer or employee
referred to in paragraph (a) is not
required to satisfy subsection (1)(a), (b)
and (c).
(5) The Chief Officer of the Country Fire
Authority has the order and control of the
work of an officer or employee of Fire
Rescue Victoria who is made available to the
Country Fire Authority under a secondment
agreement.
(6) The Chief Officer of the Country Fire
Authority may terminate a secondment
agreement that covers only one officer or
employee if the Chief Officer of the Country
Fire Authority has conducted an equitable,
fair and transparent process to review the
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conduct of the officer or employee and, after
conducting the process, is satisfied that such
termination is appropriate.
(7) If a secondment agreement covers more than
one officer or employee, the Chief Officer of
the Country Fire Authority may vary the
secondment agreement so that it no longer
covers a particular officer or employee, if the
Chief Officer of the Country Fire Authority
has conducted an equitable, fair and
transparent process to review the conduct of
the officer or employee and, after conducting
the process, is satisfied that such termination
is appropriate.
(8) If a secondment agreement is terminated or
varied, the officer or employee who is no
longer covered by the secondment agreement
remains an employee of Fire Rescue
Victoria.
(9) The Chief Officer of the Country Fire
Authority may suspend an officer or
employee covered by a secondment
agreement if the Chief Officer of the Country
Fire Authority has conducted an equitable,
fair and transparent process to review the
conduct of the officer or employee and, after
conducting the process, is satisfied that such
suspension is appropriate.
(10) In this section--
secondment agreement means an agreement
between the Fire Rescue Commissioner
and the Chief Officer of the Country
Fire Authority under which one or more
officers or employees of Fire Rescue
Victoria are made available to the
Country Fire Authority, whether on a
full-time, part-time or other basis.".
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52 Formation of units
(1) In section 26(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 26(2) of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
(3) In section 26(3) of the Principal Act, for
"the Chief Officer" substitute "Fire Rescue
Victoria".
53 Copies of annual report and special report
(1) In section 27(1) of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
(2) In section 27(2) of the Principal Act, for
"The Board must if required by the Minister
give the Minister a special report" substitute
"Fire Rescue Victoria must, if required by the
Minister, give the Minister information or a
report".
54 Repeal of sections 28, 29, 30 and 31
Sections 28, 29, 30 and 31 of the Principal Act are
repealed.
55 New sections 33A to 33G inserted
After section 33 of the Principal Act insert--
"33A Strategic Advisory Committee
(1) The Strategic Advisory Committee is
established by this section.
(2) The Strategic Advisory Committee consists
of up to 7 members appointed under
section 33B.
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(3) The Minister must appoint one of the
members of the Strategic Advisory
Committee to be the Chairperson of the
Committee.
33B Appointment of members of the Strategic
Advisory Committee
(1) The members of the Strategic Advisory
Committee are to be appointed by the
Minister.
(2) In appointing the members of the Strategic
Advisory Committee, the Minister must have
regard to the mix of knowledge, skills and
experience of the Committee as a whole
including, but not limited to, the following
matters--
(a) organisational governance,
performance and culture;
(b) workforce diversity and flexibility;
(c) fire or emergency services.
(3) The Minister must not appoint a person as a
member of the Strategic Advisory
Committee if the person is--
(a) an officer or employee of a fire services
agency; or
(b) an officer or employee of an industrial
body that is responsible for an
enterprise agreement that applies to a
fire services agency; or
(c) an officer or official of Volunteer Fire
Brigades Victoria Incorporated.
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(4) A member of the Strategic Advisory
Committee holds office for the period,
not exceeding 5 years, specified in the
member's instrument of appointment.
(5) A member of the Strategic Advisory
Committee is entitled to receive--
(a) remuneration; and
(b) travelling or other allowances--
fixed by the Minister.
(6) A member of the Strategic Advisory
Committee is eligible for reappointment.
(7) A member of the Strategic Advisory
Committee holds office on the terms and
conditions specified in the member's
instrument of appointment.
(8) A member of the Strategic Advisory
Committee who is a public sector employee
within the meaning of the Public
Administration Act 2004 is not entitled to
remuneration in respect of the member's
appointment.
(9) 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.
33C Strategic Advisory Committee is a public
entity
The Strategic Advisory Committee is a
public entity for the purposes of the Public
Administration Act 2004.
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33D Resignation of members of the Strategic
Advisory Committee
(1) A member of the Strategic Advisory
Committee may resign from membership by
signed letter delivered to the Minister.
(2) A resignation under subsection (1) takes
effect--
(a) on the day the letter is received by the
Minister; or
(b) if a later date is specified in the letter,
on that later date.
33E Ceasing to hold office--removal
A member of the Strategic Advisory
Committee may be removed from office by
the Minister at any time and for any reason.
33F Role of the Strategic Advisory Committee
The role of the Strategic Advisory
Committee is to provide advice to Fire
Rescue Victoria on the following matters--
(a) cultural change within Fire Rescue
Victoria;
(b) workforce diversity and flexibility
within Fire Rescue Victoria;
(c) organisational governance of Fire
Rescue Victoria;
(d) Fire Rescue Victoria's engagement and
integration with the broader emergency
services sector;
(e) the future direction of Fire Rescue
Victoria, including emerging
opportunities and risks;
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(f) matters relevant to Fire Rescue Victoria
on which Fire Rescue Victoria seeks
advice;
(g) any other matter relevant to Fire Rescue
Victoria.
33G Strategic Advisory Committee terms of
reference
(1) The Minister must develop terms of
reference for the Strategic Advisory
Committee in consultation with the Fire
Rescue Commissioner.
(2) The terms of reference for the Strategic
Advisory Committee must include details of
the following--
(a) the procedures to be followed by the
Committee, including in relation to its
meetings;
(b) the Committee's strategic focus for the
12 months after the terms of reference
are developed;
(c) procedures for dealing with conflicts of
interest.
(3) The Minister must review the terms of
reference for the Strategic Advisory
Committee at least once each year, in
consultation with the Fire Rescue
Commissioner.
(4) The Strategic Advisory Committee must
conduct its meetings, and carry out other
procedures, in accordance with the terms of
reference.".
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56 New section 2 inserted
After section 1 of the Country Fire Authority
Act 1958 insert--
"2 Objectives relating to interaction between
fire services agencies
(1) It is the intention of the Parliament that
the Country Fire Authority and Fire
Rescue Victoria establish processes that
will ensure that they--
(a) promote collaboration and
coordination between fire services
agencies to best meet the safety
needs of the community; and
(b) recognise the importance of
maintaining capacity to respond to
peaks in demand for fire services
within fire services agencies; and
(c) recognise and value the
contribution of volunteer brigades;
and
(d) recognise that both volunteer
firefighters and career firefighters
are vital to delivering safe and
sustainable fire services; and
(e) maintain the ability of fire
services agencies to respond to
critical incidents, to prevent and
suppress fires and to protect life
and property.
(2) In this section, the expressions career
firefighter and volunteer firefighter
have the same meanings as they have in
the Firefighters' Presumptive Rights
Compensation and Fire Services
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Legislation Amendment (Reform)
Act 2019.".
57 Definitions
In section 3(1) of the Country Fire Authority
Act 1958 insert the following definitions--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958;
officer means a person appointed under
section 17(c) and, subject to sections 25B
and 25C of the Fire Rescue Victoria
Act 1958, is taken to include an officer or
employee of Fire Rescue Victoria made
available to the Country Fire Authority by
Fire Rescue Victoria under a secondment
agreement within the meaning of
section 25C(10) of the Fire Rescue Victoria
Act 1958;".
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58 Purposes
In section 2(a) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
59 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions--
"change in fire risk, in relation to the Fire Rescue
Victoria fire district or the country area of
Victoria, means the following--
(a) a change in land use or development
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;
(b) a demographic change or a change in
demand for the services of a fire
services agency, within the Fire Rescue
Victoria fire district or the country area
of Victoria, that may result in a material
change to the risk of a fire occurring
within the Fire Rescue Victoria fire
district or the country area of Victoria;
(c) any other change in circumstances
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;
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country area of Victoria has the same meaning as
in the Country Fire Authority Act 1958;
emergency management sector has the same
meaning as in the Emergency Management
Act 2013;
Fire District Review Panel means the panel
established by section 4A;
Fire Rescue Victoria fire district means the
district specified in section 4(1);
industrial body means an organisation within the
meaning of the Fair Work (Registered
Organisations) Act 2009 of the
Commonwealth;
review of the Fire Rescue Victoria fire district
means a review conducted under
section 4G;".
(2) In section 3(1) of the Principal Act, the definition
of metropolitan district is repealed.
60 Metropolitan fire district
(1) In section 4(1) of the Principal Act, for "there
shall be a metropolitan fire district consisting of
the municipal districts or parts thereof set forth in
the Second Schedule to this Act" substitute "there
is to be a Fire Rescue Victoria fire district
consisting of the land specified in Schedule 2".
(2) In section 4(2) of the Principal Act, for
"metropolitan fire district" (where twice
occurring) substitute "Fire Rescue Victoria
fire district".
(3) Sections 4(3) to 4(6) of the Principal Act are
repealed.
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61 New sections inserted
After section 4 of the Principal Act insert--
"4A Fire District Review Panel
(1) The Fire District Review Panel is established
by this section.
(2) The Fire District Review Panel consists of
3 members appointed under section 4C.
(3) The Minister must appoint one of the
members of the Fire District Review Panel to
be the Chairperson of the Panel.
4B Fire District Review Panel is a public
entity
The Fire District Review Panel is a public
entity for the purposes of the Public
Administration Act 2004.
4C Appointment of members of the Fire
District Review Panel
(1) The members of the Fire District Review
Panel are to be appointed by the Minister.
(2) The Minister must not appoint a person as a
member of the Fire District Review Panel
unless the Minister is satisfied that--
(a) the person has significant and
substantial expertise and experience in
fire response, fire management,
emergency management or another
relevant field; and
(b) the person is able to make an informed
and independent assessment of the
matters to be considered by the Panel.
(3) The Minister must not appoint a person as a
member of the Fire District Review Panel if
the person is--
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(a) an officer or employee of a fire services
agency; or
(b) an officer or employee of an industrial
body that is responsible for an
enterprise agreement that applies to a
fire services agency; or
(c) an officer or official of Volunteer Fire
Brigades Victoria Incorporated.
(4) A member of the Fire District Review Panel
holds office for the period, not exceeding
5 years, specified in the member's instrument
of appointment.
(5) A member of the Fire District Review Panel
is entitled to receive--
(a) remuneration; and
(b) travelling or other allowances--
specified in the member's instrument of
appointment.
(6) A member of the Fire District Review Panel
is eligible for reappointment.
(7) A member of the Fire District Review Panel
holds office on the terms and conditions
specified in the member's instrument of
appointment.
(8) A member of the Fire District Review Panel
who is a public sector employee within the
meaning of the Public Administration
Act 2004 is not entitled to remuneration
in respect of the member's appointment.
(9) 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.
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4D Resignation of members of the Fire
District Review Panel
(1) A member of the Fire District Review Panel
may resign from membership by signed
letter delivered to the Minister.
(2) A resignation under subsection (1) takes
effect--
(a) on the day the letter is received by the
Minister; or
(b) if a later date is specified in the letter,
on that later date.
4E Ceasing to hold office--removal
A member of the Fire District Review Panel
may be removed from office by the Minister
at any time and for any reason.
4F Role of the Fire District Review Panel
The role of the Fire District Review Panel is
to provide independent and informed advice
to the Minister on the following matters--
(a) whether it is necessary or desirable for
the Fire Rescue Victoria fire district to
be changed;
(b) whether a change in fire risk, or
something that may result in a change
in fire risk, may warrant a review of the
Fire Rescue Victoria fire district.
4G Review of the Fire Rescue Victoria fire
district
(1) The Fire District Review Panel must conduct
a review of the Fire Rescue Victoria fire
district at least once during--
(a) the 4-year period beginning on the day
on which this section commences; and
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(b) each subsequent 4-year period.
(2) The Fire District Review Panel must also
conduct a review of the Fire Rescue Victoria
fire district if--
(a) the Minister requests a review after
receiving a recommendation of the
Secretary under section 4H; or
(b) the Minister determines under
section 4M(1)(c) that a further review
be conducted.
4H Secretary may recommend a review of the
Fire Rescue Victoria fire district
The Secretary may recommend to the
Minister that the Fire District Review Panel
conduct a review of the Fire Rescue Victoria
fire district if the Secretary--
(a) has received evidence of a change in
fire risk within the Fire Rescue Victoria
fire district or the country area of
Victoria; and
(b) considers that the change in fire risk
warrants such a review.
4I Notice of review of the Fire Rescue
Victoria fire district
If the Minister requests the Fire District
Review Panel to conduct a review of the
Fire Rescue Victoria fire district under
section 4G(2)(a)--
(a) the Minister must cause a copy of the
request, and the reasons for the request,
to be published in the Government
Gazette; and
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(b) the Fire Rescue Commissioner must
cause a copy of the request, and the
reasons for the request, to be published
on the Internet site of Fire Rescue
Victoria; and
(c) the Chief Officer of the Country Fire
Authority must cause a copy of the
request, and the reasons for the request,
to be published on the Internet site of
the Country Fire Authority.
4J Object and procedures relating to review
(1) The object of a review of the Fire Rescue
Victoria fire district is to conduct a
risk-based assessment of the assignment of
responsibility necessary for the provision of
fire services by fire services agencies, in
order to prevent, and protect against, loss of
life and damage to property, infrastructure or
the environment in Victoria, within--
(a) the Fire Rescue Victoria fire district;
and
(b) the country area of Victoria.
(2) 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.
(3) In conducting a review of the Fire Rescue
Victoria fire district, the Fire District Review
Panel may--
(a) inquire into and inform itself of any
matters relevant to the review as the
Panel thinks fit; and
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(b) consult with any person or body as the
Panel thinks fit including, but not
limited to, by seeking oral or written
submissions.
(4) In conducting a review of the Fire Rescue
Victoria fire district, the Fire District Review
Panel must--
(a) consult with all relevant fire services
agencies and any municipal district
directly affected by the review; and
(b) if the Fire District Review Panel
considers that there is a change in fire
risk--
(i) determine by instrument that there
is a change in fire risk; and
(ii) take the steps set out in section 4K
before completing the review.
(5) A review of the Fire Rescue Victoria fire
district requested by the Minister under
section 4G(2)(a) must be completed within
the period (if any) specified in the request.
4K Procedures if Fire District Review Panel
considers that there is a change in fire risk
(1) If, in conducting a review of the Fire Rescue
Victoria fire district, the Fire District Review
Panel determines under section 4J(4)(b)(i)
that there is a change in fire risk--
(a) the determination must be published as
follows--
(i) the Panel must cause the
determination to be published in
the Government Gazette;
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(ii) the Fire Rescue Commissioner
must cause a copy of the
determination to be published on
the Internet site of Fire Rescue
Victoria;
(iii) the Chief Officer of the Country
Fire Authority must cause a copy
of the determination to be
published on the Internet site of
the Country Fire Authority; and
(b) the Panel must notify the Chief Officer
of the Country Fire Authority of the
determination and must--
(i) request the Chief Officer to give
advice to the Panel on how the
Country Fire Authority will
support the volunteer brigades to
which the determination is
relevant to ensure that they have
the capacity to respond effectively
to the change in fire risk; and
(ii) suspend the review, for a period of
not more than 12 months
beginning on the date on which
the determination is published in
the Government Gazette, in order
to allow the Chief Officer to give
that advice to the Panel; and
(c) if no advice has been received by the
end of the period referred to in
paragraph (b)(ii), the Panel must notify
the Chief Officer that the period of
suspension has ended, and request that
the Chief Officer provide the advice
referred to in paragraph (b)(i) within
30 days of the notice; and
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(d) if advice has been received by the end
of the period referred to in paragraph
(b)(ii) or (c), the Panel must request
that the Chief Officer provide, within
30 days of the request, further advice
on the progress of the Country Fire
Authority in delivering the support to
the volunteer brigades as mentioned in
paragraph (b)(i); and
(e) at the end of the 30 day period referred
to in paragraph (d), the Panel must
finalise the review and prepare the
report required by section 4L.
(2) The review must be finalised whether or not
any advice has been provided by the Chief
Officer of the Country Fire Authority as
mentioned in subsection (1), but if such
advice has been provided, the Panel must
have regard to the advice in preparing the
report.
(3) If the review was requested by the Minister
under section 4G(2)(a), the period of
suspension under subsection (1)(b)(ii) must
be such as to ensure that the report of the
review can be provided within the period
(if any) specified in the Minister's request.
4L Report of review
(1) After conducting a review of the Fire Rescue
Victoria fire district, the Fire District Review
Panel must report its findings to the Minister.
(2) The report may recommend--
(a) that no change be made to the Fire
Rescue Victoria fire district; or
(b) that a change be made to the Fire
Rescue Victoria fire district; or
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(c) that the Panel conduct a further review
of the Fire Rescue Victoria fire district
within the period specified in the
report.
4M Minister's determination on review
(1) After receiving a report under section 4L of a
review of the Fire Rescue Victoria fire
district, the Minister may determine by
instrument--
(a) that no change be made to the Fire
Rescue Victoria fire district; or
(b) that a change be made to the Fire
Rescue Victoria fire district; or
(c) that the Fire District Review Panel
conduct a further review of the Fire
Rescue Victoria fire district within the
period specified in the determination.
(2) In making a determination under subsection
(1), the Minister must have regard to--
(a) the report and recommendations of the
Fire District Review Panel; and
(b) the capacity of each relevant fire
services agency to perform its statutory
functions and duties; and
(c) the implications of making the
determination for the budget and
resources of each relevant fire services
agency; and
(d) the implications of making the
determination for the budget and
resources of the emergency
management sector; and
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(e) the other implications of making the
determination for the emergency
management sector.
(3) The Minister must cause a determination
made under subsection (1), and the report of
the Fire District Review Panel in respect of
the review, to be published in the
Government Gazette.
(4) The Fire Rescue Commissioner must cause a
determination made by the Minister under
subsection (1), and the report of the Fire
District Review Panel in respect of the
review, to be published on the Internet site of
Fire Rescue Victoria.
(5) The Chief Officer of the Country Fire
Authority must cause a determination made
by the Minister under subsection (1), and the
report of the Fire District Review Panel in
respect of the review, to be published on the
Internet site of the Country Fire Authority.
4N Effect of Minister's determination
(1) A determination made under section 4M(1)
takes effect according to its terms on the day
on which it is published in the Government
Gazette.
(2) If the determination states that a change is to
be made to the Fire Rescue Victoria fire
district, the Governor in Council may, by
Order published in the Government Gazette,
amend Schedule 2 to change the Fire Rescue
Victoria fire district as stated in the
determination and the Order has effect
accordingly.".
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62 Duties and powers of councils and public authorities
in relation to fire
In section 5(1) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
63 Municipal fire prevention officers and assistants
In section 5A(1) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
64 Functions of Board
(1) In section 7(1) of the Principal Act, for
"metropolitan district"(where twice occurring)
substitute "Fire Rescue Victoria fire district".
(2) In section 7(3) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
65 New Schedule 2
For the Schedule 2 to the Principal Act
substitute--
"Schedule 2
The Fire Rescue Victoria fire district consists
of the land delineated and coloured green on
the plan lodged in the Central Plan Office and
numbered LEGL./17-371.".
66 Definitions
In section 3(1) of the Country Fire Authority
Act 1958, in the definition of fire danger period,
for "the country area of Victoria or any part
thereof means the period declared pursuant to this
Act to be the fire danger period in respect of the
said country area or any part thereof (as the case
may be)" substitute "an area of Victoria means
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the period declared under this Act to be the fire
danger period in respect of the area".
67 Declaration of fire danger period
In section 4 of the Country Fire Authority
Act 1958, for "the country area of Victoria or any
specified part or parts thereof and, without
affecting the generality of the foregoing, may
declare different periods to be the fire danger
period in respect of different parts of the said
country area" substitute "one or more areas of
Victoria to be the fire danger period in respect of
the area or areas, and may declare different
periods in respect of different areas".
68 Duties of owner etc. of land in case of fire during
fire danger period
In section 34(1) of the Country Fire Authority
Act 1958, for "the country area of Victoria at any
time during a fire danger period" substitute "an
area of Victoria at any time during a fire danger
period in respect of the area".
69 General prohibition against lighting open air fires
In section 37 of the Country Fire Authority
Act 1958, for "the country area of Victoria (not
including any land within a fire protected area)
during a fire danger period" substitute "an area of
Victoria (other than a fire protected area) during a
fire danger period in respect of the area".
70 Prohibited actions near fires
In section 39 of the Country Fire Authority
Act 1958, for "the country area of Victoria
(not including any land within a fire protected
area) during a fire danger period" substitute
"an area of Victoria (other than a fire protected
area) during a fire danger period in respect of the
area".
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71 Prohibition of high fire risk activities
In section 39E(1) and (2)(b) of the Country Fire
Authority Act 1958, for "the country area of
Victoria during a fire danger period" substitute
"an area of Victoria during a fire danger period in
respect of the area".
72 Required safety features of motor vehicles driven
during fire danger period near crops
(1) In section 50(2) of the Country Fire Authority
Act 1958, for "the country area of Victoria"
substitute "an area of Victoria during a fire
danger period in respect of the area".
(2) In section 50(2)(c) of the Country Fire
Authority Act 1958 omit "during a fire danger
period".
73 Regulations
In section 110(1)(z) of the Country Fire
Authority Act 1958, for "the country area of
Victoria during a fire danger period" substitute
"an area of Victoria during a fire danger period in
respect of the area".
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Part 5--Amendments relating to volunteer brigades located in the Fire
Rescue Victoria fire district
Part 5--Amendments relating to volunteer
brigades located in the Fire Rescue Victoria
fire district
74 Objective
In section 6B of the Country Fire Authority
Act 1958--
(a) in paragraph (b), for "public value."
substitute "public value;";
(b) after paragraph (b) insert--
"(c) support the effective and sustainable
recruitment, development and retention
of volunteer officers and members,
including those located in the Fire
Rescue Victoria fire district, to deliver
capability in the provision of the
Authority's services.".
75 Recognition of Authority as a volunteer-based
organisation
(1) In section 6F of the Country Fire
Authority Act 1958, for "first and foremost a
volunteer-based organisation, in which volunteer
officers and members are supported by employees
in a fully integrated manner" substitute "a fully
volunteer fire fighting service under the command
and control of a paid Chief Officer and supported
where necessary by other paid staff. The
Parliament recognises that this does not preclude
the Authority from employing paid staff in the
role of Chief Officer, Deputy Chief Officer and
Chief Executive Officer or from entering into a
secondment agreement (within the meaning of
section 25C(10) of the Fire Rescue Victoria
Act 1958)".
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(2) In section 17 of the Country Fire Authority
Act 1958, for "The" substitute "Subject to
section 6F, the".
(3) In section 20AA(2)(a) of the Country Fire
Authority Act 1958, before "enter" insert
"Subject to section 6F,".
76 Immunity for officers etc.
In section 18A of the Country Fire Authority
Act 1958, after "(not being a volunteer officer or
member)" insert ", and any officer or employee or
class of officers or employees of Fire Rescue
Victoria made available to the Authority under
section 25B of the Fire Rescue Victoria
Act 1958,".
77 New section inserted
After section 20AA of the Country Fire
Authority Act 1958 insert--
"20AB Powers relating to volunteer brigades
located in the Fire Rescue Victoria fire
district
(1) This section sets out the powers exercisable
under this Act in relation to volunteer
brigades located in the Fire Rescue Victoria
fire district for the purposes of--
(a) the duty of the Authority set out in
section 20 in relation to the prevention
and suppression of fires and the
protection of life and property in case
of fire so far as relates to the country
area of Victoria; and
(b) any other function, power or duty of the
Authority set out in this Act or any
other Act.
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(2) The Authority may exercise powers under
the following provisions in relation to
volunteer brigades located in the Fire Rescue
Victoria fire district--
(a) section 20AA(2)(a), (b), (e), (f) and (g)
(entering certain agreements or
arrangements, forming certain bodies);
(b) section 21(1) (purchasing stations, etc.);
(c) section 23(1)(a), (b), (c), (d), (e), (f),
(g), (i), (k) and (l) (registration etc. of
brigades, matters relating to training,
communications and publication of
materials);
(d) section 102(1) (collecting contributions
etc.);
(e) section 109A (appointment of
deputies).
(3) The Authority must obtain the written
consent of the Minister before exercising a
power under section 20AA(2)(b) to do any of
the following in relation to volunteer
brigades located in the Fire Rescue Victoria
fire district--
(a) entering into an agreement or
arrangement with a person or body for
the provision of goods or services by
the Authority;
(b) forming, participating in the formation
of, or becoming a member of a body
corporate, association, partnership,
trust or other body;
(c) entering into a joint venture agreement,
shareholders agreement or unit holders
agreement.
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(4) The Chief Officer may exercise powers
under the following provisions in relation to
volunteer brigades located in the Fire Rescue
Victoria fire district--
(a) section 27(1) and (2) (powers of order
and control over brigades, etc.);
(b) section 29(a), (b), (c) and (e)
(summoning brigades for practice,
inspection of brigades, control of
property, inquiries and reports).
(5) 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) in relation to volunteer
brigades located in the Fire Rescue Victoria
fire district.
(6) Section 92 (immunity) applies in relation to
the exercise of powers, in accordance with
this section, in relation to volunteer brigades
located in the Fire Rescue Victoria fire
district.".
78 New section 20AC inserted
Before section 20A of the Country Fire
Authority Act 1958 insert--
"20AC Role of volunteer brigades to be
recognised and valued
(1) It is the intention of the Parliament that Fire
Rescue Victoria recognise and value the
contribution of volunteer brigades located in
the Fire Rescue Victoria fire district.
(2) In particular, Fire Rescue Victoria must,
subject to operational requirements, request
the assistance of all volunteer brigades
located in the Fire Rescue Victoria fire
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Rescue Victoria fire district
district for the purposes of endeavouring
to--
(a) prevent or suppress a fire in the Fire
Rescue Victoria fire district (including
preventing a fire spreading to the Fire
Rescue Victoria fire district from
outside the Fire Rescue Victoria fire
district); or
(b) protect life or property in the Fire
Rescue Victoria fire district.".
79 Immunity provision
After section 92(1)(d) of the Country Fire
Authority Act 1958 insert--
"(da) an officer or employee or class of officers or
employees of Fire Rescue Victoria made
available to the Authority under section 25B
of the Fire Rescue Victoria Act 1958;".
80 Delegation
In section 109B of the Country Fire Authority
Act 1958, for "or to any officer or employee or
class of officers or employees of the Authority"
substitute ", to any officer or employee or class of
officers or employees of the Authority, or to any
officer or employee or class of officers or
employees of Fire Rescue Victoria made
available to the Authority under section 25B of
the Fire Rescue Victoria Act 1958".
81 Regulations
After section 110(1)(x) of the Country Fire
Authority Act 1958 insert--
"(y) for and in relation to the performance of
functions and the exercise of powers by any
person under a provision of this Act in
relation to volunteer brigades located in the
Fire Rescue Victoria fire district;".
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82 New sections inserted
After section 98 of the Principal Act insert--
'Transitional provisions relating to the
Firefighters' Presumptive Rights
Compensation and Fire Services Legislation
Amendment (Reform) Act 2019
98A Definitions
In this section and sections 99 to 120--
approval date has the meaning given by
section 105(6);
commencing day means the day on which
Part 3 of the Firefighters'
Presumptive Rights Compensation
and Fire Services Legislation
Amendment (Reform) Act 2019
commences;
Country Fire Authority instrument means
an instrument (including a legislative
instrument other than this Act) or an
oral agreement subsisting immediately
before the approval date--
(a) to which the Country Fire
Authority was a party; or
(b) that was given to, or in favour of,
the Country Fire Authority; or
(c) that refers to the Country Fire
Authority; or
(d) under which--
(i) money is, or may become,
payable to the Country Fire
Authority; or
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(ii) other property is to be, or
may become liable to be,
transferred to or by the
Country Fire Authority;
instrument includes a document and an oral
agreement;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
description;
rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective;
the transitional provisions means
sections 99 to 120.
99 Fire Rescue Victoria
On the commencing day--
(a) the Metropolitan Fire and Emergency
Services Board is abolished and its
members go out of office; and
(b) Fire Rescue Victoria is the successor in
law of the Metropolitan Fire and
Emergency Services Board; and
(c) all rights, assets, liabilities and
obligations of the Metropolitan Fire
and Emergency Services Board
immediately before its abolition
become rights, assets, liabilities and
obligations of Fire Rescue Victoria; and
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(d) Fire Rescue Victoria is substituted for
the Metropolitan Fire and Emergency
Services 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
(e) 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.
100 Fire Rescue Commissioner
On the commencing day--
(a) the offices of Chief Officer and Chief
Executive Officer are abolished and the
holders of those offices go out of
office; and
(b) the Fire Rescue Commissioner is the
successor in law of the Chief Officer or
the Chief Executive Officer (as the case
requires); and
(c) all rights, assets, liabilities and
obligations of the Chief Officer or the
Chief Executive Officer become rights,
assets, liabilities and obligations of the
Fire Rescue Commissioner; and
(d) the Fire Rescue Commissioner is
substituted for the Chief Officer or the
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
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(e) Fire Rescue Victoria may continue and
complete any other continuing matter
or thing commenced by or against or in
relation to the Chief Officer or the
Chief Executive Officer (as the case
requires).
101 Transfer of staff
(1) A person (referred to in this section as a
transferred employee) employed by the
Chief Officer, Chief Executive Officer or the
Metropolitan Fire and Emergency Services
Board immediately before the commencing
day is to be regarded as--
(a) having been employed by Fire Rescue
Victoria with effect from the
commencing day; and
(b) having been so employed on the same
terms and conditions as those that
applied to the transferred employee,
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
(c) having accrued an entitlement to
benefits in connection with that
employment that is equivalent to the
entitlement that the transferred
employee 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.
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(2) The service of a transferred employee as an
employee of Fire Rescue Victoria is to be
regarded for all purposes as having been
continuous with the service of the transferred
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).
(3) A transferred employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an
employee of the Chief Officer, the Chief
Executive Officer or the Metropolitan Fire
and Emergency Services Board (as the case
requires) because of this section.
(4) Nothing in this section prevents--
(a) any of the terms and conditions of
employment of a transferred employee
being altered by or under any law,
award or agreement with effect from
any time after the commencing day; or
(b) a transferred employee from resigning
or being dismissed at any time after the
commencing day in accordance with
the then existing terms and conditions
of the transferred employee's
employment with Fire Rescue Victoria.
102 Transfer of Country Fire Authority staff
(1) A person (referred to in this section as a
transferred employee)--
(a) who was appointed to perform
functions under the Country Fire
Authority Act 1958, whether by the
Chief Officer or the Country Fire
Authority under section 17 of the
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Country Fire Authority Act 1958 or
otherwise, immediately before the
commencing day; and
(b) to whom the following apply
immediately before the commencing
day--
(i) the transferred employee was
performing a transferred function
specified in column 1 of the table
in Schedule 3;
(ii) 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;
(iii) the transferred employee belonged
to a staff classification specified in
column 3 of the table in
Schedule 3--
is to be regarded as--
(c) having been employed by Fire Rescue
Victoria with effect from the
commencing day; and
(d) having been so employed on the same
terms and conditions as those that
applied to 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; and
(e) having accrued an entitlement to
benefits in connection with that
employment that is equivalent to the
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entitlement that the transferred
employee 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.
(2) The service of a transferred employee as an
employee of Fire Rescue Victoria is to be
regarded for all purposes as having been
continuous with the service of the transferred
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.
(3) A transferred employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an
employee of the Chief Officer or the Country
Fire Authority under section 17 of the
Country Fire Authority Act 1958 or
otherwise because of this section.
(4) Nothing in this section prevents--
(a) any of the terms and conditions of
employment of a transferred employee
being altered by or under any law,
award or agreement with effect from
any time after the commencing day; or
(b) a transferred employee from resigning
or being dismissed at any time after the
commencing day in accordance with
the then existing terms and conditions
of the transferred employee's
employment.
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103 Transfer of other Country Fire Authority
staff
(1) The Minister may direct the Country Fire
Authority to transfer a person, or persons
included in a class of persons, to the
employment of Fire Rescue Victoria on and
from the day specified in the direction, if the
person or persons--
(a) were employed to perform functions or
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
(b) were not transferred to Fire Rescue
Victoria because of the operation of
section 102.
(2) If the Minister gives a direction under
subsection (1) in relation to a person, or
persons included in a class of persons--
(a) the person or persons are taken to have
been employed by Fire Rescue Victoria
with effect from the day specified in the
direction; and
(b) section 102 applies as if--
(i) the person had been transferred
under that section; and
(ii) references in that section to the
commencing day were references
to the day specified in the
direction.
(3) The Minister must not give a direction under
subsection (1) on or after 31 December 2020.
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104 Superseded references
(1) On and after the commencing day, in any
Act (other than this Act), or in any
instrument made under any Act or in any
other document of any kind--
(a) a reference to the Metropolitan Fire and
Emergency Services Board is taken to
be a reference to Fire Rescue Victoria;
and
(b) a reference to the Chief Officer of the
Metropolitan Fire and Emergency
Services or the Chief Executive Officer
of the Metropolitan Fire and
Emergency Services Board is taken to
be a reference to the Fire Rescue
Commissioner; and
(c) a reference to the metropolitan district
or the metropolitan fire district is taken
to be a reference to the Fire Rescue
Victoria fire district; and
(d) a reference to the Metropolitan Fire and
Emergency Services Appeals
Commission is taken to be a reference
to the Fire Rescue Victoria Appeals
Commission.
(2) To avoid doubt, in this section a reference to
the Metropolitan Fire and Emergency
Services Board, the Chief Officer of the
Metropolitan Fire and Emergency Services
or the Chief Executive Officer of the
Metropolitan Fire and Emergency Services
Board includes deemed references under
section 95.
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105 Minister may direct Country Fire
Authority to give an allocation statement
(1) The Minister may give a direction to the
Country Fire Authority requiring the
Country Fire Authority to give to the
Minister a statement (an allocation
statement) that--
(a) sets out the property, rights, liabilities
and obligations of the Country Fire
Authority that are to be allocated to
Fire Rescue Victoria on the approval
date, which must be property, rights,
liabilities and obligations of the
Country Fire Authority that relate to
the following--
(i) one or more integrated fire
stations or Country Fire Authority
premises situated at an address or
location set out in column 2 of the
table in Schedule 3;
(ii) staff assigned to such a station or
such stations or premises; and
(b) identifies the location of any such
property of the Country Fire Authority
and identifies the rights, liabilities and
obligations; and
(c) allocates that property and those rights,
liabilities and obligations to Fire
Rescue Victoria; and
(d) includes such other information about
that property and those rights, liabilities
and obligations (other than information
about their value) as is specified in the
direction.
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(2) Without limiting subsection (1), a direction
under subsection (1) may specify either or
both of the following--
(a) the property, rights, liabilities and
obligations of the Country Fire
Authority;
(b) one or more classes of property, rights,
liabilities and obligations of the
Country Fire Authority--
that are to be allocated to Fire Rescue
Victoria on the approval date, which must be
property, rights, liabilities and obligations or
classes of property, rights, liabilities and
obligations of the Country Fire Authority
that relate to either or both of the
following--
(c) one or more integrated fire stations or
Country Fire Authority premises
situated at an address or location set out
in column 2 of the table in Schedule 3;
(d) staff assigned to such a station or such
stations or premises.
(3) Despite subsections (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) a property that is a Victorian
Emergency Management Training
Centre;
(b) a property that is a Country Fire
Authority District Headquarter.
(4) If the Minister gives a direction to the
Country Fire Authority under subsection (1),
the Country Fire Authority must give the
allocation statement required by the direction
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to the Minister before the end of the period
specified in the direction.
(5) The Minister may approve the allocation
statement.
(6) If the Minister approves the allocation
statement--
(a) the Minister must sign the statement;
and
(b) the date on which the Minister signs the
allocation statement is the approval
date.
(7) The Minister may give more than one
direction under subsection (1), but must not
give a direction on or after 31 December
2020.
106 Property, rights, liabilities and obligations
allocated in accordance with allocation
statement
On the approval date of an allocation
statement--
(a) all property and rights of the Country
Fire Authority, wherever located, that
are allocated under the allocation
statement, vest in Fire Rescue Victoria
in accordance with the allocation
statement; and
(b) all liabilities and obligations of the
Country Fire Authority, wherever
located, that are allocated under the
allocation statement become liabilities
and obligations of Fire Rescue Victoria
in accordance with the allocation
statement.
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107 Allocation subject to encumbrances
Unless an allocation statement otherwise
provides, if property and rights vest in Fire
Rescue Victoria or liabilities and obligations
become liabilities and obligations of Fire
Rescue Victoria under the allocation
statement--
(a) the property and rights so vested are
subject to the encumbrances (if any) to
which they were subject immediately
before so vesting; and
(b) the rights to which the Country Fire
Authority was entitled in respect of
those liabilities and obligations
immediately before they ceased to be
liabilities and obligations of the
Country Fire Authority vest in Fire
Rescue Victoria.
108 Substitution of party to agreement
If, under an allocation statement, the
property, rights, liabilities and obligations of
the Country Fire Authority under an
agreement are allocated to Fire Rescue
Victoria--
(a) Fire Rescue Victoria becomes, on the
approval date of the allocation
statement, a party to the agreement in
place of the Country Fire Authority;
and
(b) on and after the approval date of the
allocation statement, the agreement has
effect as if Fire Rescue Victoria had
always been a party to the agreement.
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109 Country Fire Authority instruments
Unless an allocation statement otherwise
provides, each instrument relating to
property, rights, liabilities or obligations
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.
110 Proceedings
Unless an allocation statement otherwise
provides, if immediately before the approval
date of the allocation statement, proceedings
relating to property, rights or liabilities
allocated to Fire Rescue Victoria (including
arbitration proceedings) to which the
Country Fire Authority was a party were
pending or existing in any court or tribunal
then, on and after the approval date, Fire
Rescue Victoria--
(a) is substituted for the Country Fire
Authority as a party to the proceedings;
and
(b) has the same rights in the proceedings
as the Country Fire Authority had.
111 Interests in land
Without affecting the generality of the
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,
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liabilities or obligations 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--
(a) Fire Rescue Victoria is taken to be the
registered proprietor of that interest in
land; and
(b) Fire Rescue Victoria has the same
rights and remedies in respect of that
interest as the Country Fire Authority
had.
112 Easements
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.
113 Action by Registrar of Titles
On being requested to do so and on delivery
of any relevant instrument, the Registrar of
Titles must make any recordings in the
Register that are necessary because of the
operation of the transitional provisions.
114 Taxes
No stamp duty or other tax is chargeable
under any Act in respect of anything done
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
84
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property, rights, liabilities or obligations
under an allocation statement.
115 Evidence
(1) Documentary or other evidence that would
have been admissible for or against the
interests of the Country Fire Authority in
relation to property, rights, liabilities or
obligations allocated to Fire Rescue Victoria
under an allocation statement is admissible
for or against the interests of Fire Rescue
Victoria.
(2) The Evidence Act 2008 applies with respect
to the books of account of the Country Fire
Authority and to entries made in those books
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.
116 Validity of things done under the
transitional provisions
Nothing effected by, or done or suffered
under, the transitional provisions--
(a) is to be regarded as placing any person
in breach of contract or confidence or
as otherwise making any person guilty
of a civil wrong; or
(b) is to be regarded as placing any person
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
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provision prohibiting, restricting or
regulating the assignment or transfer of
any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
condition which allows a person to
exercise a right or remedy in respect of
or to terminate any agreement or
obligation; or
(d) is to be regarded as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
property, right, liability or obligation;
or
(e) is to be regarded as causing any
contract or instrument to be void or
otherwise unenforceable; or
(f) is to be regarded as frustrating any
contract; or
(g) releases any surety or other obligee
wholly or in part from any obligation.
117 Transitional provision relating to insignias
An insignia prescribed for the purposes of
section 34(1)(pa) is taken for all purposes to
be an insignia of Fire Rescue Victoria, on
and after the commencing day, until a new
insignia is prescribed.
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118 Transitional provision relating to
Metropolitan Fire and Emergency
Services Appeals Commission
(1) On and after the commencing day, the
Metropolitan Fire and Emergency Services
Appeals Commission, as established by
section 79 as in force immediately before the
commencing day, continues in existence
under the name "Fire Rescue Victoria
Appeals Commission".
(2) A thing done by, or in relation to, the
Metropolitan Fire and Emergency Services
Appeals Commission before the
commencing day (including but not limited
to an appeal on foot as at the commencing
day) has effect, after the commencing day, as
if it had been done by, or in relation to, the
Fire Rescue Victoria Appeals Commission.
119 Transitional regulations
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of the Firefighters'
Presumptive Rights Compensation and
Fire Services Legislation Amendment
(Reform) Act 2019.
(2) Without limiting subsection (1), the
regulations may make provision for or in
relation to--
(a) persons employed by the Country Fire
Authority or the Chief Officer of the
Country Fire Authority; and
(b) the sale, transfer or disposal of
property, rights, liabilities and
obligations of the Country Fire
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Authority to Fire Rescue Victoria or
otherwise.
(3) Regulations made under this section may--
(a) have a retrospective effect to a day on
or after a day not earlier than the day on
which this Act receives the Royal
Assent; and
(b) be of limited or general application; and
(c) differ according to time, place or
circumstance; and
(d) leave any matter or thing to be decided
by a specified person or class of person.
(4) To the extent to which any provision of the
regulations takes effect from a date that is
earlier than the date of its making, the
provision does not operate so as--
(a) to affect, in a manner prejudicial to any
person (other than the State or an
authority of the State), the rights of that
person existing before the date of its
making; or
(b) to impose liabilities on any person
(other than the State or an authority of
the State) in respect of anything done or
omitted to be done before the date of its
making.
(5) Regulations under this section have effect
despite anything to the contrary in any Act
(other than this Act or the Charter of
Human Rights and Responsibilities
Act 2006) or in any subordinate instrument.
88
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(6) Sections 6 and 7 of the Subordinate
Legislation Act 1994 do not apply to any
regulations made under this section.
(7) This section expires on 31 December 2020.
120 Renaming of Act--Savings provision
(1) On and from the commencing day, any
reference in any Act (other than this Act),
regulation, subordinate instrument, or other
document whatsoever to the Metropolitan
Fire Brigades Act 1958 is to be construed as
a reference to the Fire Rescue Victoria
Act 1958, unless the contrary intention
appears.
(2) Except as in this Act expressly or by
necessary implication provided, all persons,
things and circumstances appointed or
created by or under this Act or existing or
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 section 23 of
Firefighters' Presumptive Rights
Compensation and Fire Services
Legislation Amendment (Reform)
Act 2019.
(3) Nothing in this section limits or otherwise
affects the operation of the Interpretation of
Legislation Act 1984.'.
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83 New Schedule 3 inserted
After Schedule 2 to the Principal Act insert--
"Schedule 3
Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
1 Prevention Ballarat City Operations Officers
and 1120 Sturt Street, (Officer in charge of the
suppression Ballarat Victoria Integrated Brigades)
of fires 3350 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
2 Prevention Belmont Operations Officers
and 2-4 Reynolds Road, (Officer in charge of the
suppression Belmont Victoria Integrated Brigades)
of fires 3216 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
3 Prevention Bendigo Operations Officers
and 145-149 Hargreaves (Officer in charge of the
suppression Street, Bendigo Integrated Brigades)
of fires Victoria 3550 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
4 Prevention Boronia Operations Officers
and 296-306 Boronia (Officer in charge of the
suppression Road, Boronia Integrated Brigades)
of fires Victoria 3155 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
5 Prevention Caroline Springs Operations Officers
and 8-10 Caroline (Officer in charge of the
suppression Springs Boulevard, Integrated Brigades)
of fires Caroline Springs Senior Station Officers
Victoria 3012 (On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
6 Prevention Corio Operations Officers
and 20-32 Birdwood (Officer in charge of the
suppression Avenue, Norlane Integrated Brigades)
of fires Victoria 3214 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
7 Prevention Craigieburn Operations Officers
and 2 Belsay Place, (Officer in charge of the
suppression Craigieburn Victoria Integrated Brigades)
of fires 3064 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
8 Prevention Cranbourne Operations Officers
and 8-10 Arundel Street, (Officer in charge of the
suppression Cranbourne Victoria Integrated Brigades)
of fires 3977 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
9 Prevention Dandenong Operations Officers
and 186-194 Princes (Officer in charge of the
suppression Highway, Integrated Brigades)
of fires Dandenong Victoria Senior Station Officers
3175 (On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
10 Prevention Eltham Operations Officers
and 61 Brougham Street, (Officer in charge of the
suppression Eltham Victoria Integrated Brigades)
of fires 3095 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
11 Prevention Frankston Operations Officers
and 3 Cranbourne Road, (Officer in charge of the
suppression Frankston Victoria Integrated Brigades)
of fires 3199 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
12 Prevention Geelong City Operations Officers
and 69 McKillop Street, (Officer in charge of the
suppression Geelong Victoria Integrated Brigades)
of fires 3220 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
13 Prevention Greenvale Operations Officers
and 33 Barrymore Road, (Officer in charge of the
suppression Greenvale Victoria Integrated Brigades)
of fires 3059 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
14 Prevention Hallam Operations Officers
and 12-14 Belgrave- (Officer in charge of the
suppression Hallam Road, Integrated Brigades)
of fires Hallam Victoria Senior Station Officers
3803 (On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
15 Prevention Hoppers Crossing Operations Officers
and 119 Derrimut Road, (Officer in charge of the
suppression Werribee Victoria Integrated Brigades)
of fires 3030 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
16 Prevention Lara Operations Officers
and 25 Mill Road, Lara (Officer in charge of the
suppression Victoria 3212 Integrated Brigades)
of fires Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
17 Prevention Latrobe West Operations Officers
and 77-79 Lloyd Street, (Officer in charge of the
suppression Moe Victoria 3825 Integrated Brigades)
of fires Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
18 Prevention Lucas Operations Officers
and 89 Ballarat- (Officer in charge of the
suppression Carngham Road, Integrated Brigades)
of fires Winter Valley Senior Station Officers
Victoria 3358 (On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
19 Prevention Melton Operations Officers
and 40-44 Henry Street, (Officer in charge of the
suppression Melton Victoria Integrated Brigades)
of fires 3337 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
20 Prevention Mildura Operations Officers
and 326 San Mateo (Officer in charge of the
suppression Avenue, Mildura Integrated Brigades)
of fires Victoria 3500 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
21 Prevention Mornington Operations Officers
and 859 Nepean (Officer in charge of the
suppression Highway, Integrated Brigades)
of fires Mornington Victoria Senior Station Officers
3931 (On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
22 Prevention Morwell Operations Officers
and 26 Mcdonald Street, (Officer in charge of the
suppression Morwell Victoria Integrated Brigades)
of fires 3840 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
23 Prevention Ocean Grove Operations Officers
and 5-11 Shell Road, (Officer in charge of the
suppression Ocean Grove Integrated Brigades)
of fires Victoria 3226 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
24 Prevention Pakenham Operations Officers
and 780 Princes (Officer in charge of the
suppression Highway, Pakenham Integrated Brigades)
of fires Victoria 3810 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
25 Prevention Patterson River Operations Officers
and 37 McLeod Road, (Officer in charge of the
suppression Carrum Victoria Integrated Brigades)
of fires 3197 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
26 Prevention Point Cook Operations Officers
and 83-93 Dunnings (Officer in charge of the
suppression Road, Point Cook Integrated Brigades)
of fires Victoria 3030 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
27 Prevention Portland Operations Officers
and 130 Percy Street, (Officer in charge of the
suppression Portland Victoria Integrated Brigades)
of fires 3305 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
28 Prevention Rosebud Operations Officers
and 99-101 Boneo Road, (Officer in charge of the
suppression Rosebud Victoria Integrated Brigades)
of fires 3939 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
29 Prevention Rowville Operations Officers
and 1063 Wellington (Officer in charge of the
suppression Road, Rowville Integrated Brigades)
of fires Victoria 3178 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
30 Prevention Shepparton Operations Officers
and 268 Maude Street, (Officer in charge of the
suppression Shepparton Victoria Integrated Brigades)
of fires 3630 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
31 Prevention South Morang Operations Officers
and 875 Plenty Road, (Officer in charge of the
suppression South Morang Integrated Brigades)
of fires Victoria 3752 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
32 Prevention South Warrandyte Operations Officers
and 29 Falconer Road, (Officer in charge of the
suppression Park Orchards Integrated Brigades)
of fires Victoria 3114 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
33 Prevention Springvale Operations Officers
and 518 Springvale (Officer in charge of the
suppression Road, Springvale Integrated Brigades)
of fires South Victoria 3172 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
34 Prevention Sunbury Operations Officers
and 144 Gap Road, (Officer in charge of the
suppression Sunbury Victoria Integrated Brigades)
of fires 3429 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
35 Prevention Traralgon Operations Officers
and 158 Princes Street, (Officer in charge of the
suppression Traralgon Victoria Integrated Brigades)
of fires 3844 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
36 Prevention Wangaratta Operations Officers
and 26-30 Handley (Officer in charge of the
suppression Street, Wangaratta Integrated Brigades)
of fires Victoria 3677 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
37 Prevention Warrnambool Operations Officers
and 61-67 Mortlake (Officer in charge of the
suppression Road, Warrnambool Integrated Brigades)
of fires Victoria 3280 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
38 Prevention Wodonga Operations Officers
and 37-39 Stanley (Officer in charge of the
suppression Street, Wodonga Integrated Brigades)
of fires Victoria 3690 Senior Station Officers
(On shift)
Station Officers
Leading Fire Fighters
Fire Fighters
39 Liaison Morwell Operations Officer -
between the 203 Hazelwood Critical Infrastructure
fire services Road, Morwell
and the Victoria 3840
power
generation
industry
including the
responsibility
for these risks
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Integrated Fire
Station or Country
Fire Authority
Transferred premises address or
Item functions location Staff
and the
planning and
preparedness
for response
to these risks
40 Prevention Victorian Recruit Fire Fighters
and Emergency
suppression Management
of fires Training Centre--
CRAIGIEBURN
284-290 Hume
Highway,
Craigieburn Victoria
3064
41 Provision of All locations in Senior Instructors
training to Victoria Instructors
Integrated
Practical Area (Drill)
Brigades
Operators
".
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Part 7--Amendments relating to causing fires and other matters
Part 7--Amendments relating to causing
fires and other matters
84 New sections 94A to 94F inserted
After section 94 of the Principal Act insert--
"Provisions relating to causing fires and other
matters
94A Causing fire in the Fire Rescue Victoria
fire district in extreme conditions of
weather etc. an offence
(1) A person must not light, spread or maintain a
fire in the Fire Rescue Victoria fire district if
the circumstances of location, atmospheric
temperature, wind velocity and flammable
vegetation or other combustible substance
are such that lighting the fire causes, or is
likely to cause, a fire that is a danger to the
life or property of others.
Penalty: Imprisonment for not less than
3 months and not more than
2 years.
(2) Subsection (1) does not apply if the person
lights, spreads or maintains the fire under the
direction or control of an officer or employee
of Fire Rescue Victoria for the purpose of
establishing a firebreak.
(3) It is a defence to a prosecution for an offence
against subsection (1) if the accused
proves--
(a) that one or more of the following
applies--
(i) the danger was caused by the
intervention or subsequent action
of one or more persons acting
without the knowledge or consent,
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or contrary to the wishes or
instructions, of the accused;
(ii) the fire was lit at a time when the
circumstances of atmospheric
temperature and wind velocity
referred to in subsection (1) were
not present and could not
reasonably have been foreseen;
(iii) at the time of the alleged offence
the accused was the owner or
occupier of the land upon which
the fire was lit or was acting under
the direction of that owner or
occupier; and
(b) that the accused--
(i) took all precautions required by
this or any other Act, and
regulations under this or any other
Act, with respect to the lighting of
the fire; and
(ii) did everything in the power of the
accused that was reasonable in the
circumstances to suppress or
extinguish the fire.
94B Causing fire in the Fire Rescue Victoria
fire district with intent to cause damage
etc.
(1) A person must not, without lawful excuse,
do an act in the Fire Rescue Victoria fire
district that causes a fire, or is for the
purpose of causing a fire, intending to
destroy any vegetation, produce, stock, crop,
fodder or other property belonging to another
person.
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Penalty: Imprisonment for not less than
12 months and not more than
20 years.
(2) Subsection (1) does not apply if the person
does the act under the direction or control of
an officer or employee of Fire Rescue
Victoria for the purposes of establishing a
firebreak.
94C Direction not to light fire
(1) Fire Rescue Victoria may, for the purpose of
protecting life, property or the environment,
direct one or more persons not to light a fire
at a place, or within a period, specified in the
direction.
(2) A person must not, without reasonable
excuse, fail to comply with a direction given
to the person under subsection (1).
Penalty: 120 penalty units or imprisonment
for 12 months or both.
94D Power of Fire Rescue Victoria to close
roads
(1) This section applies--
(a) if there is a fire or a threat of a fire
anywhere within the Fire Rescue
Victoria fire district; and
(b) regardless of whether the fire--
(i) was lit under and in accordance
with this Act or a direction or
permit under this Act; or
(ii) is part of burning-off operations
carried out under and in
accordance with this Act; or
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(iii) was lit under and in accordance
with the Forests Act 1958 or any
direction or authority given under
that Act.
(2) Fire Rescue Victoria may, for the purpose of
protecting life, property or the environment,
or if, in the opinion of Fire Rescue Victoria,
smoke from a fire impairs visibility on any
road to such an extent that the safety of any
persons using the road is endangered--
(a) close any road or part of any road
affected, or likely to be affected, as a
consequence of a fire or smoke from a
fire; and
(b) direct traffic on any road in the vicinity
of the closed road or closed part of a
road.
(3) The power conferred on Fire Rescue Victoria
by subsection (2) is exercisable by--
(a) Fire Rescue Victoria; or
(b) a person authorised by Fire Rescue
Victoria for the purposes of this
subsection who is present at the fire.
(4) The power conferred by this section is in
addition to, and not in derogation from, the
powers and authorities conferred on Fire
Rescue Victoria or any person by or under
this Act or any other Act.
94E Power to direct extinguishment of fire
(1) An authorised officer may direct--
(a) the occupier or owner of land in the
Fire Rescue Victoria fire district; or
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(b) a person residing upon or in control of
land in the Fire Rescue Victoria fire
district; or
(c) a person who has lit or maintained a
fire on land in the Fire Rescue Victoria
fire district--
to extinguish the fire on that land or to take
the steps directed by the authorised officer to
extinguish the fire or to prevent the fire from
spreading or causing injury.
(2) An owner, occupier or person to whom a
direction has been given under subsection (1)
must, without delay, take all reasonable steps
to comply with the direction, regardless of
whether the fire--
(a) was lit under and in accordance with
this Act or a direction or permit issued
under this Act; or
(b) was part of burning-off operations
carried out under and in accordance
with this Act; or
(c) was lit under and in accordance with
the Forests Act 1958, or any direction
or authority given under that Act.
Penalty: 120 penalty units or imprisonment
for 12 months or both.
(3) In this section--
authorised officer means--
(a) a police officer; or
(b) the Fire Rescue Commissioner; or
(c) an officer or employee exercising
the powers of Fire Rescue
Victoria; or
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(d) an officer or employee of Fire
Rescue Victoria appointed for the
purposes of this section.
94F Power to arrest
A police officer may--
(a) apprehend with or without warrant any
person found lighting, spreading or
maintaining any fire contrary to
sections 94A to 94E or to the
conditions or restrictions contained in
any permit granted under or in relation
to any of those sections; and
(b) take the person before a bail justice or
the Magistrates' Court to be dealt with
according to law.".
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Part 8--Amendments relating to Fire Services Implementation Monitor and
Firefighters Registration Board
Part 8--Amendments relating to Fire
Services Implementation Monitor and
Firefighters Registration Board
85 New sections inserted
Before the heading to the Schedules to the
Principal Act insert--
"Fire Services Implementation Monitor
121 Definitions
In this section and sections 121 to 144--
agency means any of the following--
(a) a public service body within the
meaning of the Public
Administration Act 2004;
(b) a public entity within the meaning
of the Public Administration
Act 2004;
(c) a special body within the meaning
of the Public Administration
Act 2004, other than the
following--
(i) a department of the
Parliament of Victoria;
(ii) the IBAC within the
meaning of the Independent
Broad-based Anti-corruption
Commission Act 2011;
(iii) the Electoral Boundaries
Commission established
under section 3 of the
Electoral Boundaries
Commission Act 1982;
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(iv) the office of the Ombudsman
within the meaning of the
Ombudsman Act 1973;
(v) the Victorian Auditor-
General's Office within the
meaning of the Audit
Act 1994;
(vi) the Victorian Electoral
Commission established
under section 6 of the
Electoral Act 2002;
(vii) the Victorian Inspectorate
established under section 8
of the Victorian
Inspectorate Act 2011;
agency Head, in relation to an agency that is
a public service body, a public entity or
a special body, means a public service
body Head, public entity Head or
special body Head, as the case requires,
within the meaning of the Public
Administration Act 2004;
commencing day means the day on which
this section comes into operation;
emergency agency has the same meaning as
in section 7AA(2);
fire services reforms means the measures
provided for by the Firefighters'
Presumptive Rights Compensation
and Fire Services Legislation
Amendment (Reform) Act 2019;
Fire Services Statement means the statement
of that name issued in May 2017 by the
Premier and the Minister for
Emergency Services;
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implementation action means an action
specified in the Implementation Plan to
implement or give effect to any aspect
of the Plan;
Implementation Plan means the plan
prepared under section 130, as in force
from time to time;
Monitor means the Fire Services
Implementation Monitor appointed
under section 123;
this Part means sections 121 to 144.
122 Establishment
There is to be a Fire Services
Implementation Monitor.
123 Appointment
(1) The Governor in Council may, on the
recommendation of the Minister, appoint a
person as the Fire Services Implementation
Monitor.
(2) A person is not eligible to be the Monitor
unless the Minister is satisfied that the
person has--
(a) relevant senior executive management
experience, particularly in an
operational environment; and
(b) a strong understanding of complex
multi-agency environments; and
(c) a significant record of providing
evidence-based reports to Government.
(3) The Monitor may be appointed on a full-time
or part-time basis.
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124 Remuneration and allowances
(1) The Monitor is entitled to be paid the
remuneration and allowances that are
determined by the Governor in Council.
(2) The remuneration of the Monitor cannot be
reduced during the Monitor's term of office
unless the Monitor consents to the reduction.
125 Terms and conditions
The Monitor holds office--
(a) for the term specified in the Monitor's
instrument of appointment, which must
not exceed 5 years, and is eligible for
reappointment; and
(b) on the terms and conditions determined
by the Governor in Council.
126 Acting appointment
(1) The Governor in Council may, on the
recommendation of the Minister, appoint a
person to act as the Monitor--
(a) during a vacancy in the office of
Monitor; or
(b) during any period when the Monitor is
absent from duty or is for any other
reason unable to perform the duties of
the office.
(2) The Governor in Council may appoint a
person to perform a particular function or
duty of the Monitor in relation to a particular
matter or on a particular occasion if the
Monitor is for any reason unable to perform
that function or duty in relation to that matter
or on that occasion.
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(3) The Monitor may, in consultation with the
Minister, appoint a person to act as the
Monitor for a period of not more than one
month during any period when the Monitor
is absent from duty or is for any other reason
unable to perform the duties of the office.
127 When Monitor ceases to hold office
The Monitor ceases to hold office if the
Monitor--
(a) resigns by notice in writing delivered to
the Governor in Council; or
(b) becomes an insolvent under
administration; or
(c) is convicted of an indictable offence or
an offence that, if committed in
Victoria, would be an indictable
offence; or
(d) nominates for election for the
Parliament of Victoria or of the
Commonwealth or of another State or a
Territory of the Commonwealth; or
(e) is suspended or removed from office
under section 128.
128 Suspension and removal
(1) The Governor in Council may, on the
recommendation of the Minister, suspend the
Monitor from office on any of the following
grounds--
(a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of the
office;
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(d) any other ground on which the
Governor in Council is satisfied that the
Monitor is unfit to hold office.
(2) The Minister must cause to be laid before
each House of the Parliament a full statement
of the grounds of suspension within 7 sitting
days of that House after the suspension.
(3) The Monitor must be removed from office
by the Governor in Council if each House of
the Parliament, within 20 sitting days after
the day when the statement is laid before it,
declares by resolution that the Monitor ought
to be removed from office.
(4) The Governor in Council must remove the
suspension and restore the Monitor to office
unless each House of the Parliament makes a
declaration of the kind specified in
subsection (3) within the time specified in
that subsection.
(5) If the Monitor is suspended from office
under subsection (1), the Monitor is taken
not to be the Monitor during the period of
suspension.
129 Independence of the Monitor
(1) The Monitor is not subject to the general
direction or control of the Minister in respect
of the performance of the Monitor's
functions or duties or the exercise of the
Monitor's powers.
(2) Subject to this Act and other laws of the
State, the Monitor has complete discretion in
respect of the performance of the Monitor's
functions and duties and the exercise of the
Monitor's powers.
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130 Preparation, tabling and publication of
Implementation Plan
(1) The Minister must prepare a plan
(the Implementation Plan) within 60 days of
the commencing day.
(2) The Implementation Plan must include, but
is not limited to, priorities and proposed
actions in relation to the following matters--
(a) the adoption of procedures by Fire
Rescue Victoria and the Country Fire
Authority to enable them to have regard
to the priorities set out in the Fire
Services Statement in carrying out their
functions;
(b) the financial sustainability of Fire
Rescue Victoria and the Country Fire
Authority, including in relation to
ensuring that volunteer brigades are not
adversely affected by the fire services
reforms;
(c) improvements in the ability of Fire
Rescue Victoria, the Country Fire
Authority and other emergency
agencies to work effectively across
organisational boundaries;
(d) the provision of operational and
management support by Fire Rescue
Victoria to the Country Fire Authority,
and the effectiveness of this support in
enabling the Country Fire Authority to
meet the objectives set out in section 2
of the Country Fire Authority
Act 1958;
(e) improvements in staff training in
relation to Fire Rescue Victoria and the
Country Fire Authority.
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(3) The Implementation Plan must also--
(a) include the development of a funding
plan to determine the financial
requirements of the Country Fire
Authority and Fire Rescue Victoria, and
identify and address the impact of--
(i) transfers of functions, resources
and assets between the Country
Fire Authority and Fire Rescue
Victoria; and
(ii) the change to the Fire Rescue
Victoria fire district upon the fire
services property levy revenue
base after the commencing day;
and
(iii) any changes to the differential
rates of the fire services property
levy after the commencing day;
and
(b) include the development of a long-term
funding plan for the Country Fire
Authority and Fire Rescue Victoria,
which identifies and addresses the
issues mentioned in subsection
(3)(a)(i), (ii) and (iii) in respect of the
period after the third anniversary of the
commencing day.
(4) The Minister may amend the Implementation
Plan.
(5) The Minister may consult Fire Rescue
Victoria and the Country Fire Authority in
preparing or amending the Implementation
Plan.
(6) The Minister must cause the Implementation
Plan, and any amended Implementation Plan,
to be laid before each House of the
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Parliament within 7 sitting days of that
House after the Plan is prepared or amended,
as the case requires.
(7) The Minister must, as soon as reasonably
practicable after the Implementation Plan or
an amended Implementation Plan is laid
before each House of the Parliament--
(a) cause the Plan to be published in the
Government Gazette; and
(b) notify the Monitor, the Fire Rescue
Commissioner and the Chief Officer of
the Country Fire Authority that the Plan
has been laid before each House of the
Parliament and published in the
Government Gazette.
(8) After having been notified as mentioned in
subsection (7)(b)--
(a) the Fire Rescue Commissioner must
cause a copy of the Plan to be published
on the Internet site of Fire Rescue
Victoria; and
(b) the Chief Officer of the Country Fire
Authority must cause a copy of the Plan
to be published on the Internet site of
the Country Fire Authority.
131 Functions of the Monitor
(1) The Monitor has the following functions--
(a) to monitor and review the progress of
Fire Rescue Victoria and the Country
Fire Authority in carrying out the
Implementation Plan, including by
assessing--
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(i) the progress of Fire Rescue
Victoria and the Country Fire
Authority in completing an
implementation action; and
(ii) the effectiveness of the methods
used by, or actions taken by, Fire
Rescue Victoria and the Country
Fire Authority in carrying out an
implementation action; and
(iii) the impact of the fire services
reforms upon the financial
sustainability of Fire Rescue
Victoria and the Country Fire
Authority; and
(iv) the efficacy of particular
implementation actions taken by
agencies;
(b) to monitor and assess ongoing efforts to
improve the interaction between Fire
Rescue Victoria and the Country Fire
Authority and other agencies;
(c) to consult and engage with agencies in
the performance of the Monitor's
functions;
(d) to prepare a quarterly report under
section 141 in respect of updates
provided to the Monitor by Fire Rescue
Victoria and the Country Fire Authority
under section 140;
(e) to prepare annual reports on the
findings of the Monitor in relation to
the performance of the Monitor's
functions.
(2) The Monitor has any other function
conferred on the Monitor by or under this or
any other Act.
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132 Powers of the Monitor
The Monitor has all the powers necessary to
perform the Monitor's functions.
133 Performance of functions of the Monitor
The Monitor must, in performing the
Monitor's functions--
(a) have regard to the Implementation
Plan; and
(b) if the Monitor considers it necessary,
engage in activities with, require
demonstrations of systems by, or obtain
documents from, an agency, to produce
an accurate assessment of how an
implementation action is being carried
out or has been carried out; and
(c) establish appropriate consultation
arrangements with agency Heads and
officers or employees of agencies, and
with advisory bodies to Government, in
order to--
(i) facilitate the effective monitoring
and review of progress in the
carrying out of an implementation
action; and
(ii) obtain the information necessary
to perform the monitoring and
assessment function of the
Monitor; and
(d) provide written or oral advice to the
Minister, and to any advisory bodies to
Government that the Minister considers
appropriate, about one or more of the
following--
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(i) compliance or non-compliance by
an agency in relation to the
completion of an implementation
action;
(ii) corrective action by an agency
that the Monitor considers
necessary to address a concern
that the Monitor has in relation to
an implementation action;
(iii) methods developed by an agency
that the Monitor considers best
practice in relation to an
implementation action; and
(e) provide written or oral advice to the
Minister, at the earliest reasonable
opportunity, about any concern that the
Monitor has about the carrying out of
an implementation action; and
(f) make recommendations to the Minister,
and to any advisory body to
Government that the Minister considers
appropriate, in relation to the carrying
out of an implementation action by an
agency, and provide a copy of the
recommendations to the agency Head
concerned.
134 Power to require information to be given
(1) For the purposes of performing a function or
duty under this Act, the Monitor may, by
written notice, require an agency to give to
the Monitor the information specified in the
notice that the Monitor reasonably believes
is necessary to perform the function or duty.
(2) The agency must give the information to the
Monitor within 7 days after receiving a
notice under subsection (1) unless--
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(a) the Monitor has agreed to allow an
extension of time for the giving of the
information; or
(b) the Monitor has agreed that the agency
is not able to give the information.
(3) If the Monitor reasonably believes that it is
urgent that the information be given within a
period of less than 7 days--
(a) the Monitor may specify a shorter
period for the giving of the information;
and
(b) the information must be given within
the shorter period.
135 Power of entry and inspection
(1) Subject to subsection (3), the Monitor or one
or more persons authorised by the Monitor
may, if the Monitor considers it necessary
for the purposes of performing the functions
or duties of the Monitor--
(a) enter any place of an agency during
ordinary business hours and inspect that
place and any document, thing or
activity in that place that the Monitor
reasonably considers to be relevant; and
(b) make a copy of any relevant document,
or any document that the Monitor
reasonably considers to be relevant.
(2) The Monitor may, if the Monitor considers it
necessary for the purposes of performing the
functions or duties of the Monitor, require
any agency--
(a) to allow the Monitor, or one or more
persons authorised by the Monitor, to
observe the operation of a system,
procedure or thing; and
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(b) to demonstrate the operation of a
system, procedure or other thing to the
Monitor, or any persons authorised by
the Monitor.
(3) The Monitor must give an agency reasonable
notice of an intention--
(a) to enter any place of an agency for the
purposes specified in subsection (1);
and
(b) to require an agency to perform an
action specified under subsection (2).
136 Duty to cooperate
An agency must comply with any reasonable
request made by the Monitor, or any person
assisting the Monitor, that has been made for
the purposes of performing the functions or
exercising the powers of the Monitor.
137 Constraints on access to information not
to apply
(1) An obligation to maintain secrecy or any
other restriction on the disclosure of
information by an agency, imposed by or
under an Act or rule of law, does not apply--
(a) to the disclosure of information
required by the Monitor under section
134; or
(b) to information obtained by the Monitor
under section 135.
(2) The Monitor or any other person must not
divulge or communicate, except to another
person performing duties under this Act, any
information which has come to the
knowledge of the Monitor by reason, directly
or indirectly, of subsection (1), if the person
who had possession of that information
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could not, but for that subsection, lawfully
have divulged that information to the
Monitor or the other person.
(3) Despite subsection (2) or any other law, the
Monitor may include in a report under
section 142 any information obtained in the
course of the Monitor's performance of
functions under this or any other Act (other
than information that would disclose a
deliberation or decision of Cabinet that has
not been officially published) if the Monitor
considers that--
(a) the information is relevant to the
subject matter of the report; and
(b) following consultation with the
Minister (if any) responsible for the
agency that provided the information--
the inclusion of the information in the
report is in the public interest.
138 Use and disclosure of information
The Monitor must not use or disclose
confidential information obtained or received
in the course of, or as a result of, the
performance of the functions of the Monitor
except as permitted by this Act.
139 Secretary may provide assistance
The Monitor may request the Secretary to
provide any assistance that is reasonably
necessary for the Monitor to perform the
Monitor's functions under this Act, including
the provision of staff and facilities.
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140 Fire Rescue Victoria and the Country Fire
Authority to prepare outcomes
frameworks and quarterly updates
(1) Fire Rescue Victoria and the Country Fire
Authority must each, by 1 August 2020,
prepare an outcomes framework that sets
out--
(a) outcomes-based fire services
performance measures for Fire Rescue
Victoria or the Country Fire Authority,
as the case requires; and
(b) such other matters as are prescribed by
the regulations.
(2) After preparing an outcomes framework
under subsection (1)--
(a) the Fire Rescue Commissioner must
cause a copy of the outcomes
framework for Fire Rescue Victoria to
be published on the Internet site of Fire
Rescue Victoria; and
(b) the Chief Officer of the Country Fire
Authority must cause a copy of the
outcomes framework for the Country
Fire Authority to be published on the
Internet site of the Country Fire
Authority.
(3) An outcomes framework under subsection
(1) may be reviewed and amended from time
to time, and each amended outcomes
framework must be published as mentioned
in subsection (2).
(4) The Fire Rescue Commissioner and the
Chief Officer of the Country Fire Authority
must prepare, and provide to the Monitor, a
quarterly update that sets out the
performance of Fire Rescue Victoria or the
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Country Fire Authority, as the case requires,
against the performance measures set out in
the relevant outcomes framework.
(5) The first update under subsection (4) must be
provided to the Monitor on 1 November
2020, and subsequent updates must be
provided to the Monitor on 1 February,
1 May, 1 August and 1 November each year.
(6) An update under subsection (4) must be
accompanied by any supporting data relied
upon in its preparation.
141 Quarterly report to be prepared by the
Monitor about updates
(1) The Monitor must, after receiving the
quarterly updates from Fire Rescue Victoria
and the Country Fire Authority under
section 140(4), prepare and publish a
quarterly report that sets out--
(a) the quarterly updates; and
(b) any supporting data relied upon in the
preparation of the quarterly updates;
and
(c) any other information that the Monitor
considers relevant, including any
comments on the accuracy of the
quarterly updates or the supporting
data.
(2) The Monitor must cause a copy of a
quarterly report prepared under subsection
(1) to be published on the Internet site of the
Monitor within 30 days after receiving the
quarterly updates referred to in subsection
(1).
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142 Reports prepared by the Monitor
(1) The Monitor must prepare a report on the
operations of the Monitor in respect of each
financial year as soon as practicable after the
end of that financial year.
(2) The Monitor may prepare a report on the
operations of the Monitor at any other time.
(3) The Monitor must ensure that a report under
subsection (1) or (2) does not include
information that is likely to identify a person
unless the information is publicly available
or the person has consented to the inclusion
of the information in the report.
(4) The Monitor must cause a report under
subsection (1) or (2) to be laid before each
House of the Parliament as soon as
reasonably practicable after the report is
prepared.
(5) The Monitor must give a copy of each report
prepared under subsection (1) or (2) to the
Minister at least 28 days before the report is
laid before a House of the Parliament under
subsection (4).
(6) The publication under this section of a report
is absolutely privileged and the provisions of
sections 73 and 74 of the Constitution
Act 1975, and of any other Act or rule of law
relating to the publication of the proceedings
of the Parliament, apply to and in relation to
the publication of that report as if--
(a) it were a report to which those sections
applied; and
(b) it had been published by the
Government Printer under the authority
of the Parliament.
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143 Review of this Part
The Minister must cause a review of the
operation of this Part to be undertaken as
soon as practicable after the fifth anniversary
of the commencing day.
144 Regulations
(1) The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by this Part to
be prescribed or necessary to be prescribed
to give effect to this Part.
(2) The regulations may relate to the matters to
be included by Fire Rescue Victoria and the
Country Fire Authority in an outcomes
framework under section 140(1).
(3) The regulations may--
(a) be of general or limited application; and
(b) differ according to differences in time,
place or circumstances; and
(c) confer a discretionary authority or
impose a duty on a specified person or
a specified class of person.
145 Repeal of sections 121 to 144
Sections 121 to 144 are repealed on the
tenth anniversary of the commencing day.
146 Transitional provision
(1) As soon as practicable after the sunset day,
the Monitor must prepare a report in
accordance with section 142, as in force
immediately before that day, with the
following modifications.
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(2) The report is to cover the period beginning
on 1 July in the year the sunset day occurs
and ending on the sunset day.
(3) The report must be provided to the Minister
before the report is laid before a House of the
Parliament.
(4) In this section--
sunset day means the day that is the tenth
anniversary of the commencing day.
Firefighters Registration Board
147 Definitions
In this section and sections 148 to 159--
current firefighter means an officer or
employee of Fire Rescue Victoria who
is employed in a role of which fire
fighting duties form a substantial part;
Firefighters Register means the register of
persons who have been assessed as
satisfying the requirements for
inclusion on the Firefighters Register;
Firefighters Registration Board means the
Board established under section 149;
Firefighters Registration Scheme means the
scheme referred to in section 148;
qualification means the recognition, by the
award or issue of a certificate or
otherwise, that a person has achieved
specified learning outcomes or
competencies through the completion
of a course;
qualification assessment means an
assessment of whether a person
satisfies the competency and
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qualification requirements for inclusion
on the Firefighters Register and may
include requirements in relation to
certificates or other evidence in relation
to those matters from professional
organisations, higher education bodies
or post-secondary technical or
vocational educational institutions;
this Part means sections 147 to 159.
148 Firefighters Registration Scheme
(1) This Part sets out the framework for the
Firefighters Registration Scheme.
(2) The objectives of the Firefighters
Registration Scheme are--
(a) to provide for the registration of--
(i) officers and employees of Fire
Rescue Victoria proposed to be
made available to the Country Fire
Authority under a secondment
agreement within the meaning of
section 25C(10); and
(ii) other persons who wish to be
employed by Fire Rescue Victoria
in order to be made available to
the Country Fire Authority under
a secondment agreement within
the meaning of section 25C(10);
and
(b) to provide for matters relating to the
competencies necessary for the
registration of such officers and
employees; and
(c) to provide a mechanism for
determining through qualification
assessments whether persons satisfy the
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competency requirements for inclusion
on the Firefighters Register.
(3) The Firefighters Registration Scheme is to be
administered by the Firefighters Registration
Board.
149 Establishment of Firefighters Registration
Board
(1) There is to be a Firefighters Registration
Board.
(2) The Firefighters Registration Board consists
of 4 members appointed under section 150.
(3) The Firefighters Registration Board--
(a) is a body corporate with perpetual
succession; and
(b) must have an official seal; and
(c) may sue and be sued in its corporate
name; and
(d) may acquire, hold and dispose of real
and personal property for the purpose
of performing its functions; and
(e) may do and suffer all acts and things
that bodies corporate may by law do
and suffer and that are necessary or
incidental for the performance of its
functions.
(4) The Minister must appoint one of the
members of the Firefighters Registration
Board to be the Chairperson of the Board.
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150 Appointment of members of the
Firefighters Registration Board
(1) The Governor in Council may, on the
recommendation of the Minister, appoint a
person as a member of the Firefighters
Registration Board.
(2) The members of the Board must include--
(a) a nominee of the Minister; and
(b) a nominee of an industrial body that is
responsible for an enterprise agreement
that applies to a fire services agency;
and
(c) a former senior firefighter, who is to be
nominated by current firefighters in
accordance with an election process
prescribed by the regulations; and
(d) an academic with relevant expertise,
who is to be nominated by current
firefighters in accordance with an
election process prescribed by the
regulations.
(3) A member of the Firefighters Registration
Board holds office for the period, not
exceeding 5 years, specified in the member's
instrument of appointment.
(4) A member of the Firefighters Registration
Board is entitled to receive--
(a) remuneration; and
(b) travelling or other allowances--
fixed by the Governor in Council.
(5) A member of the Firefighters Registration
Board is eligible for reappointment.
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(6) A member of the Firefighters Registration
Board holds office on the terms and
conditions specified in the member's
instrument of appointment.
(7) A member of the Firefighters Registration
Board who is a public sector employee
within the meaning of the Public
Administration Act 2004 is not entitled to
remuneration in respect of the member's
appointment.
151 When member ceases to hold office
A member of the Firefighters Registration
Board ceases to hold office if the member--
(a) resigns by notice in writing delivered to
the Governor in Council; or
(b) becomes an insolvent under
administration; or
(c) is convicted of an indictable offence or
an offence that, if committed in
Victoria, would be an indictable
offence; or
(d) nominates for election for the
Parliament of Victoria or of the
Commonwealth or of another State or a
Territory of the Commonwealth; or
(e) is removed from office under
section 152.
152 Removal from office
A member of the Firefighters Registration
Board may be removed from office by the
Governor in Council on any of the following
grounds--
(a) misconduct;
(b) neglect of duty;
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(c) inability to perform the duties of office;
(d) any other ground on which the
Governor in Council is satisfied that the
person is unfit for office.
153 Independence of the Firefighters
Registration Board
The Firefighters Registration Board is not
subject to the general direction or control of
the Minister in respect of the performance of
the Board's functions or duties or the
exercise of the Board's powers.
154 Functions of the Firefighters Registration
Board
(1) The Firefighters Registration Board has the
following functions--
(a) to administer the Firefighters
Registration Scheme;
(b) to perform the registration functions
prescribed by the regulations in relation
to--
(i) maintaining the Firefighters
Register; and
(ii) including on the Firefighters
Register persons who satisfy the
competency requirements for
inclusion on the Register;
(c) to perform functions in respect of
setting professional capability and
standards, including but not limited
to--
(i) the recognition of qualifications
and accredited courses of training,
including through certificates or
other evidence in relation to those
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matters from professional
organisations, higher education
bodies or post-secondary technical
or vocational educational
institutions; and
(ii) the establishment and approval of
competencies that will satisfy the
requirements for inclusion on the
Firefighters Register; and
(iii) the development, establishment
and maintenance of guidelines
about appropriate standards;
(d) the provision of advice to Fire Rescue
Victoria and the Chief Officer of the
Country Fire Authority about matters
relating to the functions set out in
paragraphs (a) and (b);
(e) the provision of advice to the Minister
on matters relating to the functions of
the Firefighters Registration Board;
(f) such other functions as are prescribed
by this Act or any other Act or
regulations under this Act or any other
Act.
(2) In performing its functions, the Firefighters
Registration Board is to have regard to any
relevant standards relating to qualifications
and competencies that are applicable to
fire-fighting and emergency services.
155 Validity of acts
An act or decision of the Firefighters
Registration Board is not invalid only--
(a) because of a vacancy in the
membership of the Board; or
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(b) because of a defect or irregularity in, or
in connection with, the appointment of
a member of the Board.
156 Powers of Firefighters Registration Board
The Firefighters Registration Board has all
the powers necessary to perform the Board's
functions.
157 Use and disclosure of information
A person must not use or disclose
information obtained or received in relation
to, or in connection with, the carrying out of
a qualification assessment except as
authorised by this Act, regulations under this
Act or otherwise by law.
Penalty: 60 penalty units.
158 Reports prepared by the Firefighters
Registration Board
(1) The Firefighters Registration Board must
prepare a report on the work and activities of
the Firefighters Registration Board in respect
of each financial year as soon as practicable
after the end of the financial year.
(2) The Firefighters Registration Board must
give a report under subsection (1) to the
Minister not later than 3 months after the end
of the relevant financial year.
(3) The Minister must cause a report under
subsection (1) to be laid before each House
of the Parliament on or before 31 October
each year or, if the House is not sitting on
that day, on the first sitting day of that House
after 31 October.
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(4) If a report under subsection (1) has not been
given to the Minister within the period
referred to in subsection (2), the Minister
must--
(a) cause that fact, and the reasons for it, to
be reported to each House of the
Parliament; and
(b) cause the report under subsection (1) to
be laid before each House of the
Parliament as soon as practicable after
the Minister receives it.
(5) The Firefighters Registration Board may also
prepare a report on the work and activities of
the Firefighters Registration Board at any
time, and must give the report to the Minister
as soon as practicable.
(6) The Minister must cause a report under
subsection (5) to be laid before each House
of the Parliament as soon as practicable.
159 Regulations
(1) The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by this Part to
be prescribed or necessary to be prescribed
to give effect to this Part.
(2) The regulations may relate to the
following--
(a) the appointment of Board members
including, but not limited to, the
process for appointing a member
referred to in section 150(2)(c) or (d);
(b) the disclosure of Board members'
interests;
(c) acting appointments of Board members;
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(d) the conduct of Board meetings;
(e) the immunity and liability of Board
members;
(f) the appointment, promotion, probation,
transfer, suspension and removal of
employees of the Board;
(g) the duties and conduct of employees of
the Board;
(h) the powers of the Board to enter into
agreement or arrangements;
(i) delegations;
(j) the preparation of the annual report by
the Board;
(k) the carrying out of the registration
function of the Board and matters
relating to the Register, including but
not limited to the following--
(i) applications for registration;
(ii) renewal of registration;
(iii) endorsement of registration;
(iv) time limits;
(v) conditions on registration and
variation of such conditions;
(vi) revocation of registration;
(l) the conduct and coordination of
qualifications assessments of officers
and employees of Fire Rescue Victoria
who are to be made available to the
Country Fire Authority under a
secondment agreement within the
meaning of section 25C(10);
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(m) the establishment of competencies and
setting of standards;
(n) the criteria against which qualifications
are to be assessed and decisions that
may be made as a result of
qualifications assessments;
(o) the accreditation of training or
qualifications;
(p) the imposition of fees and charges;
(q) methods of communication for the
Board, notifications to be made by the
Board and the form of advice or
decisions of the Board;
(r) review of decisions by VCAT;
(s) any other matter or thing required or
permitted to be prescribed or necessary
to be prescribed to give effect to this
Part.
(3) The regulations may--
(a) be of general or limited application; and
(b) differ according to differences in time,
place or circumstances; and
(c) confer a discretionary authority or
impose a duty on a specified person or
a specified class of person.
(4) The regulations may--
(a) apply, adopt or incorporate, with or
without modification, any matter
contained in any document, code,
standard, rule, specification or method
formulated, issued, prescribed or
published by any authority or body as
formulated, issued, prescribed or
published at the time the regulation is
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made or at any time before the
regulation is made; and
(b) apply, adopt or incorporate, with or
without modification, any matter
contained in any document, code,
standard, rule, specification or method
formulated, issued, prescribed or
published by any authority or body as
formulated, issued, prescribed
(whether under this or any other Act) or
published from time to time; and
(c) impose a penalty not exceeding
100 penalty units for a contravention of
the regulations.
(5) Sections 6 and 7 of the Subordinate
Legislation Act 1994 do not apply to the
first regulations made under this section.".
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86 Delegation of powers by Chief Officer
(1) In the heading to section 31A of the Principal Act,
for "Chief Officer" substitute "Fire Rescue
Commissioner".
(2) In section 31A of the Principal Act, for
"Chief Officer" (where twice occurring)
substitute "Fire Rescue Commissioner".
(3) In section 31A of the Principal Act omit
"approved by the Board".
87 Powers of Chief Officer
In section 32 of the Principal Act--
(a) for "the Chief Officer" (where twice
occurring) substitute "Fire Rescue
Victoria";
(b) for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
88 Duty to warn the community
In section 32AA of the Principal Act--
(a) for "The Chief Officer" (where twice
occurring) substitute "Fire Rescue
Victoria";
(b) for "the Chief Officer" substitute
"Fire Rescue Victoria";
(c) for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
89 Action on alarm of fire
(1) In section 32B of the Principal Act--
(a) for "the Chief Officer" (wherever occurring)
substitute "Fire Rescue Victoria";
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(b) for "metropolitan district" (where twice
occurring) substitute "Fire Rescue Victoria
fire district".
(2) In section 32B(6) of the Principal Act, for
"Chief Officer" substitute "Fire Rescue Victoria".
90 Destruction of building by Chief Officer
(1) In the heading to section 32C of the Principal Act,
for "Chief Officer" substitute "Fire Rescue
Victoria".
(2) In section 32C(1) and (1A) of the Principal Act,
for "the Chief Officer" (wherever occurring)
substitute "Fire Rescue Victoria".
(3) In section 32C(2) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(4) In section 32C(3) and (4) of the Principal Act,
for "the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
91 False alarm of fire
(1) In section 32D(1) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
(2) In section 32D(2) and (4) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(3) In section 32D of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
92 False report of fire
(1) In section 33(1) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
(2) In section 33(2) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
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93 Power to make regulations
(1) In section 34(1)(i) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
(2) In section 34(1)(b), (ba), (c), (n) and (o) of the
Principal Act, for "the Board" (wherever
occurring) substitute "Fire Rescue Victoria".
(3) In section 34(1)(o)(iii) of the Principal Act, for
"the Board or by members or employees of the
Board" substitute "Fire Rescue Victoria or
employees of Fire Rescue Victoria".
(4) In section 34(1)(ob) and (pa) of the Principal Act,
for "the Board" substitute "Fire Rescue Victoria".
(5) In section 34(1)(x) of the Principal Act, for
"Metropolitan Fire and Emergency Services"
substitute "Fire Rescue Victoria".
94 Annual estimate of expenditure and revenue
(1) In section 36(1) of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
(2) In section 36(1A) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
95 Contributions towards annual expenditure
In section 37(2) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
96 Borrowing by Board
(1) In section 46(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 46 of the Principal Act, for "the Board"
(wherever occurring) substitute "Fire Rescue
Victoria".
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97 Power of Minister in case of default of Board
In section 47 of the Principal Act, for "the Board"
(wherever occurring) substitute "Fire Rescue
Victoria".
98 Guarantee of debentures etc. of Board
In section 47A of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
99 Board may establish funds
In section 51 of the Principal Act, for "The Board"
substitute "Fire Rescue Victoria".
100 Investment by Board
(1) In section 51A of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(2) In section 51A of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
101 Units to be registered
In section 52(c) of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
102 Damage to be covered by fire insurance
In section 54(1)(a) of the Principal Act, for
"Chief Officer" substitute "Fire Rescue
Commissioner".
103 Immunity from certain liabilities
In section 54A of the Principal Act, for
"Chief Officer" substitute "Fire Rescue
Commissioner".
104 Board is a protection agency
In section 55 of the Principal Act, for "The Board"
substitute "Fire Rescue Victoria".
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105 Board may provide rescue and extrication services
In section 55A of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
106 Board may provide road accident rescue service
In section 55B of the Principal Act, for
"The Board" (where twice occurring) substitute
"Fire Rescue Victoria".
107 Board may provide protection services
In section 55C of the Principal Act, for
"The Board" (where twice occurring) substitute
"Fire Rescue Victoria".
108 Board may provide emergency prevention and
response service
In section 55D of the Principal Act--
(a) for "the Board" (where twice occurring)
substitute "Fire Rescue Victoria";
(b) for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
109 Activities outside metropolitan district
(1) In the heading to section 55E of the Principal
Act, for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
(2) In section 55E of the Principal Act--
(a) for "the Board" (wherever occurring)
substitute "Fire Rescue Victoria";
(b) for "metropolitan district" (wherever
occurring) substitute "Fire Rescue Victoria
fire district".
(3) In section 55E(4) of the Principal Act, for
"Chief Officer" (where twice occurring)
substitute "Fire Rescue Commissioner and
Fire Rescue Victoria".
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110 Extension and application of Act
(1) In section 56 of the Principal Act, for "the Board"
substitute "Fire Rescue Victoria".
(2) In section 56 of the Principal Act, for
"Chief Officer" substitute "Fire Rescue
Commissioner".
111 Rights to water
(1) In section 59 of the Principal Act, for "The Board"
substitute "Fire Rescue Victoria".
(2) In section 59 of the Principal Act, for "the Board"
substitute "Fire Rescue Victoria".
112 Collection of contributions for units
In section 60 of the Principal Act, for "the Board"
(where twice occurring) substitute "Fire Rescue
Victoria".
113 Regulation of height of buildings
In section 64(1) of the Principal Act, for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
114 Recovery of charges for services
(1) In section 66A of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
(2) In section 66A(2) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
115 Place where fire occurs
(1) In section 71(1) of the Principal Act, for
"The Board or the Chief Officer" substitute
"Fire Rescue Victoria".
(2) In section 71(2) of the Principal Act--
(a) for "The Board or Chief Officer" substitute
"Fire Rescue Victoria";
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(b) for "the Board's or the Officer's" substitute
"Fire Rescue Victoria's".
(3) In section 71(3) of the Principal Act, for
"the Board or Chief Officer" (wherever occurring)
substitute "Fire Rescue Victoria".
(4) In section 71(5) of the Principal Act, for
"the Board or the Chief Officer" (where twice
occurring) substitute "Fire Rescue Victoria".
(5) In section 71 of the Principal Act, for
"metropolitan district" (where twice occurring)
substitute "Fire Rescue Victoria fire district".
116 Board or unit may carry out fire prevention work
(1) In the heading to section 72 of the Principal Act,
for "Board" substitute "Fire Rescue Victoria".
(2) In section 72(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
(3) In section 72(2) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(4) In section 72(3) of the Principal Act, for
"the Chief Officer" substitute "Fire Rescue
Victoria".
117 Interstate fire brigades and international fire
brigades
(1) In section 72A(1) of the Principal Act--
(a) for "metropolitan district" (wherever
occurring) substitute "Fire Rescue Victoria
fire district";
(b) for paragraph (b) and the words after
paragraph (b) from and including "the Chief
Officer" to and including "fire." substitute--
"(b) obey any orders given by--
Fire Rescue Victoria.".
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(2) In section 72A(2) of the Principal Act--
(a) for "the Chief Officer or the senior member
of the operational staff in charge of the fire
fighting operations is not present at the fire,
then, until the arrival of the Chief Officer or
senior member of the operational staff"
substitute "Fire Rescue Victoria is not
present at the fire, then until the arrival of
Fire Rescue Victoria";
(b) for "the Chief Officer" (where third
occurring) substitute "Fire Rescue Victoria".
(3) In section 72A(3) of the Principal Act, for
"metropolitan district" (wherever occurring)
substitute "Fire Rescue Victoria fire district".
(4) In section 72A(4) of the Principal Act--
(a) for "the Chief Officer or the senior member
of the operational staff who is in charge of
the fire fighting operations and is present at
the fire" substitute "Fire Rescue Victoria";
(b) for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
118 Documents signed by President or Deputy President
to be evidence
(1) In the heading to section 75 of the Principal Act,
for "President or Deputy President" substitute
"Fire Rescue Commissioner".
(2) In section 75 of the Principal Act, for "the Board"
(where first and thirdly occurring) substitute
"Fire Rescue Victoria".
(3) In section 75 of the Principal Act, for
"the President or the Deputy President of the
Board" substitute "the Fire Rescue
Commissioner".
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119 Offences relating to impersonation
In section 75A of the Principal Act, for
"the Board" (wherever occurring) substitute
"Fire Rescue Victoria".
120 Damage or interference with fire indicator panel or
other apparatus
(1) In section 75B(4) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(2) In section 75B(5) of the Principal Act, in the
definition of fire indicator panel, for "the Board"
substitute "Fire Rescue Victoria".
121 Obstruction of officers and damage to apparatus
(1) In section 75C(1)(a) of the Principal Act, for
"Chief Officer" substitute "Fire Rescue
Commissioner".
(2) In section 75C(1)(b) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
122 Recovery and application of penalties
(1) In section 77(1)(b) of the Principal Act, for
"the Chief Officer, by any person authorised by
the Board" substitute "Fire Rescue Victoria, by
any person authorised by Fire Rescue Victoria".
(2) In section 77(2) and (4) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(3) In section 77(3)(b) of the Principal Act, for
"the Chief Officer, to the Board" substitute
"Fire Rescue Victoria, to Fire Rescue Victoria".
123 Alarm monitoring service to provide prescribed
information
(1) In section 78(1) of the Principal Act, for
"The Board" substitute "Fire Rescue Victoria".
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(2) In section 78 of the Principal Act, for "the Board"
(where twice occurring) substitute "Fire Rescue
Victoria".
124 Laying of charges
In section 78B(2) of the Principal Act, for
"The Chief Executive Officer" substitute
"Fire Rescue Victoria".
125 Hearing of charges
In section 78C of the Principal Act, for
"Chief Executive Officer" (wherever occurring)
substitute "Fire Rescue Commissioner".
126 Decision of Chief Executive Officer
In section 78D(1) of the Principal Act, for
"Chief Executive Officer" (where twice occurring)
substitute "Fire Rescue Commissioner".
127 Metropolitan Fire and Emergency Services Appeals
Commission
In section 79 of the Principal Act, for
"Metropolitan Fire and Emergency Services"
substitute "Fire Rescue Victoria".
128 Rights of appeal
(1) In section 79H(a) of the Principal Act, for
"Chief Executive Officer" substitute "Fire Rescue
Commissioner".
(2) In section 79H(c) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
129 Assistants in proceedings
In section 79K of the Principal Act, for "the Board
or the Chief Executive Officer" (where twice
occurring) substitute "Fire Rescue Victoria".
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130 Appeals against transfer
(1) In section 79O(1) of the Principal Act, for
"the Board" substitute "Fire Rescue Victoria".
(2) In section 79O(3) of the Principal Act, for
"the Metropolitan Fire and Emergency Service"
substitute "Fire Rescue Victoria".
131 Promotion appeals
(1) In section 79P of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
(2) In section 79P(2) of the Principal Act, for
"the Metropolitan Fire and Emergency Service"
substitute "Fire Rescue Victoria".
132 Board and Chief Executive Officer
In section 79R of the Principal Act, for
"The Board and the Chief Executive Officer"
substitute "Fire Rescue Victoria".
133 Definition
In section 80(1) of the Principal Act, in the
definition of service, for "the Board" (where twice
occurring) substitute "Fire Rescue Victoria".
134 Entitlement to long service leave
In section 81 of the Principal Act, for "the Board"
(wherever occurring) substitute "Fire Rescue
Victoria".
135 Payment in lieu of long service leave
In section 81A of the Principal Act, for
"the Board" (where twice occurring) substitute
"Fire Rescue Victoria".
136 Leave not to affect Board's activities
(1) In section 82 of the Principal Act, for "The Board"
substitute "Fire Rescue Victoria".
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(2) In section 82 of the Principal Act, for "the Board"
substitute "Fire Rescue Victoria".
137 Provision in case of death before or during long
service leave
In section 84 of the Principal Act, for "the Board"
substitute "Fire Rescue Victoria".
138 Fire prevention notices
In section 87(1) of the Principal Act for
"metropolitan district" substitute "Fire Rescue
Victoria fire district".
139 Service of notices
In section 88(5)(b) of the Principal Act, for
"the Chief Officer, by the Board" substitute
"Fire Rescue Victoria, by Fire Rescue Victoria".
140 Appeal against notices
(1) In section 90 of the Principal Act, for
"the Chief Officer" (wherever occurring)
substitute "Fire Rescue Victoria".
(2) In section 90(2) of the Principal Act, for
"The Chief Officer" substitute "Fire Rescue
Victoria".
(3) In section 90(4) of the Principal Act, for "he or
she" substitute "Fire Rescue Victoria".
141 Fire prevention infringement notices
In section 92(8)(b) of the Principal Act, for
"the Chief Officer" (where twice occurring)
substitute "Fire Rescue Victoria".
142 Issue of notices by Chief Officer
(1) In section 93 of the Principal Act, for
"Chief Officer" (wherever occurring) substitute
"Fire Rescue Commissioner".
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(2) In section 93(2)(a)(ii) and (b) of the Principal Act,
for "the Board" substitute "Fire Rescue Victoria".
143 Consequential amendments--headings
(1) In the Principal Act, for the heading--
(a) preceding section 4 substitute "Fire Rescue
Victoria fire district";
(b) preceding section 6 substitute "Fire Rescue
Victoria";
(c) preceding section 24 substitute "General
powers and duties of Fire Rescue Victoria";
(d) preceding section 79 substitute "Fire
Rescue Victoria Appeals Commission".
(2) Insert the following headings to the following
sections in the Principal Act--
(a) to section 4--"Fire Rescue Victoria fire
district";
(b) to section 7--"Functions of Fire Rescue
Victoria";
(c) to section 17--"Immunity of Fire Rescue
Commissioner";
(d) to section 25A--"General powers of Fire
Rescue Victoria";
(e) to section 25B--"Employees of Fire Rescue
Victoria";
(f) to section 32--"Powers of access";
(g) to section 46--"Borrowing by Fire Rescue
Victoria";
(h) to section 47--"Power of Minister in case
of default";
(i) to section 47A--"Guarantee of debentures
of Fire Rescue Victoria";
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(j) to section 51--"Fire Rescue Victoria may
establish funds";
(k) to section 51A--"Investment by Fire
Rescue Victoria";
(l) to section 55--"Fire Rescue Victoria is a
protection agency";
(m) to section 55A--"Fire Rescue Victoria may
provide rescue and extrication services";
(n) to section 55B--"Fire Rescue Victoria may
provide road accident rescue services";
(o) to section 55C--"Fire Rescue Victoria may
provide protection services";
(p) to section 55D--"Fire Rescue Victoria may
provide emergency prevention and
response services";
(q) to section 78D--"Decision of Fire Rescue
Commissioner";
(r) to section 79--"Fire Rescue Victoria
Appeals Commission";
(s) to section 79R--"Fire Rescue Victoria to
give effect to determination";
(t) to section 82--"Leave not to affect Fire
Rescue Victoria's activities";
(u) to section 93--"Issue of notices".
151
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Part 10--Consequential amendments of other Acts
Part 10--Consequential amendments of
other Acts
Division 1--Amendment of Borrowing and
Investment Powers Act 1987
144 Schedule 1
In Schedule 1 to the Borrowing and Investment
Powers Act 1987, for item 9 substitute--
"9. Fire Rescue Victoria 5, 8, 11, 11AA, 12, 14, 15, 20,
20A and 21".
Division 2--Amendment of Building Act 1993
145 Definitions
In section 3(1) of the Building Act 1993, in the
definition of chief officer, for paragraphs (a)
and (b) substitute--
"(a) in relation to the Fire Rescue Victoria fire
district under the Fire Rescue Victoria
Act 1958, the Fire Rescue Commissioner;
and
(b) in relation to any building or land outside the
Fire Rescue Victoria fire district under the
Fire Rescue Victoria Act 1958, the Chief
Officer of the Country Fire Authority under
the Country Fire Authority Act 1958; ".
146 Guidelines
For section 188(1)(d) of the Building Act 1993
substitute--
"(d) the circumstances in which a municipal
building surveyor or private building
surveyor should, in preparing a building
notice or building order, seek assistance from
the Fire Rescue Commissioner under the
Fire Rescue Victoria Act 1958, the Chief
152
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Officer under the Country Fire Authority
Act 1958 or any public authority.".
147 Membership and procedure
In section 210(2)(c) of the Building Act 1993,
for "Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria Act 1958".
148 General regulation-making powers
In section 261(1)(t)(ii) of the Building Act 1993,
for "the Metropolitan Fire Brigades Board"
substitute "Fire Rescue Victoria".
Division 3--Amendment of Coroners Act 2008
149 Definitions
(1) In section 3(1) of the Coroners Act 2008, the
definition of Metropolitan Fire and Emergency
Services Board is repealed.
(2) In section 3(1) of the Coroners Act 2008 insert
the following definition--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958;".
150 Fire authority request for fire investigation
(1) In section 30(1) and (1A) of the Coroners
Act 2008, for "Metropolitan Fire and Emergency
Services Board" substitute "Fire Rescue
Victoria".
(2) In section 30(3) of the Coroners Act 2008, for
"Board" substitute "Fire Rescue Victoria".
151 Fire authority to assist
In section 35 of the Coroners Act 2008, for
"Metropolitan Fire and Emergency Services
Board" substitute "Fire Rescue Victoria".
153
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Division 4--Amendment of Country Fire Authority
Act 1958
152 Definitions
(1) In section 3(1) of the Country Fire Authority
Act 1958, in the definition of country area of
Victoria, for "metropolitan district" substitute
"Fire Rescue Victoria fire district ".
(2) In section 3(1) of the Country Fire Authority
Act 1958 insert the following definition--
"Fire Rescue Victoria fire district has the same
meaning as it has in the Fire Rescue
Victoria Act 1958;".
(3) In section 3(1) of the Country Fire Authority
Act 1958, the definition of metropolitan district is
repealed.
153 Long service leave of officers etc.
In section 19(1) of the Country Fire Authority
Act 1958--
(a) for "eighty-five of the Metropolitan Fire
Brigades Act 1958" substitute "eighty-four
of the Fire Rescue Victoria Act 1958";
(b) in paragraph (a) for "the Board;" substitute
"Fire Rescue Victoria; and";
(c) paragraphs (aa) and (b) are repealed.
154 Duty to assist in major emergency
In section 20AAA(2) of the Country Fire
Authority Act 1958, in the definition of
emergency agency, for paragraph (b)
substitute--
"(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
154
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155 Determination of sole responsibility for fire
suppression in certain areas
(1) In section 33(1)(a) of the Country Fire
Authority Act 1958, for "metropolitan district"
substitute "Fire Rescue Victoria fire district".
(2) In section 33(2)(a) of the Country Fire
Authority Act 1958, for "the Metropolitan Fire
and Emergency Services Board" substitute
"Fire Rescue Victoria".
(3) In section 33(2)(c) of the Country Fire
Authority Act 1958--
(a) for "metropolitan district" substitute
"Fire Rescue Victoria fire district";
(b) for "the Metropolitan Fire and Emergency
Services Board" (where twice occurring)
substitute "Fire Rescue Victoria".
156 Determination of sole responsibility for fire
prevention in certain areas
In section 36A(1) of the Country Fire Authority
Act 1958, for "metropolitan district" substitute
"Fire Rescue Victoria fire district".
157 Provisions about total fire bans
In section 40(5)(a) of the Country Fire
Authority Act 1958, for "the metropolitan
district, by the Chief Officer of the Metropolitan
Fire and Emergency Services" substitute "the Fire
Rescue Victoria fire district, by the Fire Rescue
Commissioner within the meaning of the Fire
Rescue Victoria Act 1958".
158 Definitions
In section 62 of the Country Fire Authority
Act 1958, in the definition of officer in charge,
for "an officer of the Metropolitan Fire and
Emergency Services Board" substitute "the Fire
155
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Rescue Commissioner within the meaning of the
Fire Rescue Victoria Act 1958".
Division 5--Amendment of Dangerous Goods
Act 1985
159 Definitions
In section 3(1) of the Dangerous Goods
Act 1985--
(a) in the definition of Fire Authority, for
"Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria
Act 1958";
(b) in the definition of officer or member, for
"the Metropolitan Fire Brigades Board under
the Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria under the
Fire Rescue Victoria Act 1958".
160 Delegations
In section 10B(5)(b) of the Dangerous Goods
Act 1985, for "Metropolitan Fire Brigades
Act 1958" substitute "Fire Rescue Victoria
Act 1958".
161 Authority to send the information to relevant fire
authority
In section 28(1) of the Dangerous Goods
Act 1985, for "Chief Fire Officer of the
Metropolitan Fire Brigades" substitute
"Fire Rescue Commissioner of Fire Rescue
Victoria".
156
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Division 6--Amendment of EastLink Project
Act 2004
162 Emergency access to Project area
In section 239(2) of the EastLink Project
Act 2004, in the definition of emergency service,
for paragraph (b) substitute--
"(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
Division 7--Amendment of Electricity Safety
Act 1998
163 Definitions
In section 3 of the Electricity Safety Act 1998,
in the definition of fire control authority, for
paragraph (a) substitute--
"(a) Fire Rescue Victoria, if the area is within
the Fire Rescue Victoria fire district within
the meaning of the Fire Rescue Victoria
Act 1958; or".
Division 8--Amendment of Emergency
Management Act 1986
164 Definitions
In section 4(1) of the Emergency Management
Act 1986, in the definition of emergency services
agency, for paragraph (b) substitute--
"(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
157
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Division 9--Amendment of Emergency
Management Act 2013
165 Definitions
(1) In section 3 of the Emergency Management
Act 2013, the definition of Metropolitan Fire and
Emergency Services Board is repealed.
(2) In section 3 of the Emergency Management
Act 2013, in the definition of Chief Officer, for
paragraph (a)(i) substitute--
"(i) the Fire Rescue Commissioner of Fire
Rescue Victoria;".
(3) In section 3 of the Emergency Management
Act 2013--
(a) in paragraph (b) of the definition of Class 1
emergency, for "the Metropolitan Fire and
Emergency Services Board" substitute
"Fire Rescue Victoria";
(b) in paragraph (a) of the definition of fire
services agency, for "the Metropolitan Fire
and Emergency Services Board" substitute
"Fire Rescue Victoria";
(c) in paragraph (a) of the definition of
responder agency, for "the Metropolitan Fire
and Emergency Services Board" substitute
"Fire Rescue Victoria".
(4) In section 3 of the Emergency Management
Act 2013 insert the following definition--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958;".
158
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166 Constitution of the State Crisis and Resilience
Council
For section 8(7)(a) of the Emergency
Management Act 2013 substitute--
"(a) Fire Rescue Victoria;".
167 Division to prevail
For section 41(b) of the Emergency
Management Act 2013 substitute--
"(b) section 55E of the Fire Rescue Victoria
Act 1958;".
Division 10--Amendment of Emergency Services
Superannuation Act 1986
168 Membership of the Board
In section 7(1)(b) of the Emergency Services
Superannuation Act 1986, for "the Metropolitan
Fire and Emergency Services Board" substitute
"Fire Rescue Victoria".
169 Scheme may be supplemented by Consolidated
Fund
In section 20(1)(ab) of the Emergency Services
Superannuation Act 1986--
(a) for "the Metropolitan Fire and Emergency
Services Board" substitute "Fire Rescue
Victoria";
(b) for "Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria
Act 1958".
159
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Division 11--Amendment of Emergency Services
Telecommunications Authority Act 2004
170 Definitions
(1) In section 3 of the Emergency Services
Telecommunications Authority Act 2004, in
the definition of emergency services and other
related services organisation, for paragraph (c)
substitute--
"(c) Fire Rescue Victoria;".
(2) In section 3 of the Emergency Services
Telecommunications Authority Act 2004, the
definition of Metropolitan Fire and Emergency
Services Board is repealed.
(3) In section 3 of the Emergency Services
Telecommunications Authority Act 2004 insert
the following definition--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958;".
171 Advisory committee
In section 21(2)(f) of the Emergency Services
Telecommunications Authority Act 2004, for
"the Metropolitan Fire and Emergency Services
Board" substitute "Fire Rescue Victoria".
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
In Schedule 3 to the Firearms Act 1996, in
item 16, for "the Metropolitan Fire and
Emergency Services Board" substitute
"Fire Rescue Victoria".
160
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Part 10--Consequential amendments of other Acts
Division 13--Amendment of Fire Services Property
Levy Act 2012
173 Purpose
In section 1(a) of the Fire Services Property
Levy Act 2012, for "the Metropolitan Fire and
Emergency Services Board" substitute
"Fire Rescue Victoria".
174 Definitions
(1) In section 3 of the Fire Services Property Levy
Act 2012, the definition of MFB is repealed.
(2) In section 3 of the Fire Services Property Levy
Act 2012, the definition of metropolitan fire
district is repealed.
(3) In section 3 of the Fire Services Property Levy
Act 2012 insert the following definitions--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958;
Fire Rescue Victoria fire district has the same
meaning as it has in section 4 of the Fire
Rescue Victoria Act 1958;".
(4) In section 3 of the Fire Services Property Levy
Act 2012, in the definition of country area of
Victoria, for "metropolitan fire district" substitute
"Fire Rescue Victoria fire district".
175 Determination of levy rates
(1) In section 12(2)(b) of the Fire Services Property
Levy Act 2012, for "for each levy year
subsequent to the 2013-2014 levy year"
substitute "for the 2014-2015, 2015-2016,
2016-2017, 2017-2018, 2018-2019 and
2019-2020 levy years".
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(2) In section 12(2)(b)(v) of the Fire Services
Property Levy Act 2012, for "rates." substitute
"rates;".
(3) After section 12(2)(b) of the Fire Services
Property Levy Act 2012 insert--
"(c) in the case of the levy rates for each levy
year subsequent to the 2019−2020 levy
year--
(i) the funding requirements of Fire
Rescue Victoria and the CFA in the
levy year in which a determination
under subsection (1) is to be made and
any likely changes to the funding
requirements of Fire Rescue Victoria
and the CFA in the following levy year;
and
(ii) any surplus financial assets for the Fire
Rescue Victoria and the CFA; and
(iii) any shortfall in the collection of the
levy; and
(iv) the administrative costs of collection
agencies in performing functions under
this Act; and
(v) any other matter the Minister considers
is relevant to the proper determination
of the levy rates.".
(4) In section 12(3) of the Fire Services Property
Levy Act 2012, for "and (2)(b)(iv)" substitute
", (2)(b)(iv) and (2)(c)(iv)".
176 Levy rates based on location of leviable land
In section 14 of the Fire Services Property
Levy Act 2012, for "metropolitan fire district"
(wherever occurring) substitute "Fire Rescue
Victoria fire district".
162
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177 Permitted disclosures to particular persons
In section 65(d)(v) of the Fire Services
Property Levy Act 2012, for "the MFB"
substitute "Fire Rescue Victoria".
Division 14--Amendment of Gas Safety Act 1997
178 Mandatory reporting of gas incidents
In section 36(3) of the Gas Safety Act 1997, for
"Chief Officer of the Metropolitan Fire and
Emergency Services" substitute "Fire Rescue
Commissioner of Fire Rescue Victoria".
Division 15--Amendment of Housing Act 1983
179 Insurance
In section 36A(8) of the Housing Act 1983--
(a) in paragraph (a), for "Metropolitan Fire
Brigades Act 1958" substitute
"Fire Rescue Victoria Act 1958";
(b) in paragraph (c), for "the Metropolitan Fire
Brigades Board" substitute "Fire Rescue
Victoria".
Division 16--Amendment of Local Government
Act 1989
180 What land is rateable?
In section 154(3)(c) of the Local Government
Act 1989, for "the Metropolitan Fire Brigades
Board" substitute "Fire Rescue Victoria".
163
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Part 10--Consequential amendments of other Acts
Division 17--Amendment of Liquor Control
Reform Act 1998
181 Definitions
(1) In section 148S of the Liquor Control Reform
Act 1998, in the definition of Chief Officer, for
paragraph (a) substitute--
"(a) in relation to licensed premises in the Fire
Rescue Victoria fire district (within the
meaning of the Fire Rescue Victoria
Act 1958), the Fire Rescue Commissioner
appointed under the Fire Rescue Victoria
Act 1958; or".
(2) In section 148S of the Liquor Control Reform
Act 1998, in the definition of emergency, for
"Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Victoria Act 1958".
182 Appointment of fire safety inspector
In section 148T of the Liquor Control Reform
Act 1998, for paragraph (a) substitute--
"(a) who is a person employed by Fire Rescue
Victoria under section 25B of the Fire
Rescue Victoria Act 1958; or".
183 Disclosure of information for enforcement purposes
In section 148ZS(3)(a) of the Liquor Control
Reform Act 1998, for "Metropolitan Fire
Brigades Act 1958" substitute "Fire Rescue
Victoria Act 1958".
164
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Part 10--Consequential amendments of other Acts
Division 18--Amendment of Marine Safety
Act 2010
184 Consultation required before making a
determination
In section 202C(f) of the Marine Safety
Act 2010, for "the Metropolitan Fire and
Emergency Services Board" substitute
"Fire Rescue Victoria".
Division 19--Amendment of National Electricity
(Victoria) Act 2005
185 Definitions
(1) In section 13 of the National Electricity
(Victoria) Act 2005, the definition of
Metropolitan Fire and Emergency Services
Board is repealed.
(2) In section 13 of the National Electricity
(Victoria) Act 2005, in the definition of relevant
entity, for paragraph (d) substitute--
"(d) Fire Rescue Victoria;".
(3) In section 13 of the National Electricity
(Victoria) Act 2005 insert the following
definition--
"Fire Rescue Victoria means Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958;".
165
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No. of 2019
Part 10--Consequential amendments of other Acts
Division 20--Amendment of Residential Tenancies
Act 1997
186 Authorised persons
(1) In section 525(2B) of the Residential Tenancies
Act 1997--
(a) for "Chief Officer within the meaning of the
Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Commissioner
within the meaning of the Fire Rescue
Victoria Act 1958";
(b) in paragraph (b), for "the Metropolitan
Fire and Emergency Services" substitute
"Fire Rescue Victoria".
(2) In section 525(4B) of the Residential Tenancies
Act 1997, for "Chief Officer within the meaning
of the Metropolitan Fire Brigades Act 1958"
substitute "Fire Rescue Commissioner within the
meaning of the Fire Rescue Victoria Act 1958".
(3) For section 525(5)(f) of the Residential
Tenancies Act 1997 substitute--
"(f) if the identity card is issued by the Fire
Rescue Commissioner within the meaning of
the Fire Rescue Victoria Act 1958, be
signed by the Fire Rescue Commissioner.".
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
In section 10AA(8) of the Sentencing Act 1991,
in the definition of emergency worker, for
paragraph (d) substitute--
166
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"(d) a person employed by Fire Rescue Victoria
established under the Fire Rescue Victoria
Act 1958 or a member of a fire or emergency
service unit established under that Act; or".
188 Definitions
(1) In section 87C of the Sentencing Act 1991, in the
definition of emergency service agency, for
paragraph (b) substitute--
"(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958; or".
(2) In section 87C of the Sentencing Act 1991, in the
definition of emergency service worker, for
paragraph (d) substitute--
"(d) a person employed by Fire Rescue Victoria
under the Fire Rescue Victoria Act 1958 or
a member of a fire or emergency service unit
established under that Act; or".
Division 22--Amendment of Taxation
Administration Act 1997
189 Permitted disclosures to particular persons or for
particular purposes
In section 92(1)(e)(vd) of the Taxation
Administration Act 1997, for "the Metropolitan
Fire and Emergency Services Board" substitute
"Fire Rescue Victoria".
Division 23--Amendment of Terrorism
(Community Protection) Act 2003
190 Definitions
In section 15 of the Terrorism (Community
Protection) Act 2003, in the definition of
emergency services agency, for paragraph (b)
substitute--
167
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"(b) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
Division 24--Amendment of Victoria State
Emergency Service Act 2005
191 Duty to assist in major emergency
In section 6A(2) of the Victoria State
Emergency Service Act 2005, in the definition of
emergency agency, for paragraph (c) substitute--
"(c) Fire Rescue Victoria established under the
Fire Rescue Victoria Act 1958;".
168
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Amendment (Reform) Act 2019
No. of 2019
Part 11--Repeal of amending provisions
Part 11--Repeal of amending provisions
192 Repeal of amending provisions
Section 5(5), Parts 3 to 10 and this Part are
repealed on the first anniversary of the day on
which all of the provisions of this Act are in
operation.
Note
The repeal of these provisions does not affect the continuing
operation of the amendments made by these provisions
(see section 15(1) of the Interpretation of Legislation Act 1984).
169
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Schedule 1
Schedule 1
Column 1 Column 2
Disease Qualifying period
1 Primary site brain cancer 5 years
2 Primary site bladder cancer 15 years
3 Primary site kidney cancer 15 years
4 Primary non-Hodgkins lymphoma 15 years
5 Primary leukemia 5 years
6 Primary site breast cancer 10 years
7 Primary site testicular cancer 10 years
8 Multiple myeloma 15 years
9 Primary site prostate cancer 15 years
10 Primary site ureter cancer 15 years
11 Primary site colorectal cancer 15 years
12 Primary site oesophageal cancer 25 years
═════════════
170
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Amendment (Reform) Act 2019
No. of 2019
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to provide a
rebuttable presumption for career firefighters and volunteer firefighters
suffering from specified forms of cancer for the purposes of claiming
compensation under the Workplace Injury Rehabilitation and
Compensation Act 2013, to amend the Metropolitan Fire Brigades
Act 1958, the Country Fire Authority Act 1958 and certain other Acts
to reform fire services and for other purposes."
By Authority. Government Printer for the State of Victoria.
171
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