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PARLIAMENT OF VICTORIA
Fire Authorities (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF THE COUNTRY FIRE AUTHORITY
ACT 1958 3
3. Principal Act 3
4. Definitions 3
5. New section 6A inserted 4
6A. Accountability of Authority 4
6. Officers and employees 4
7. New section 23AA inserted 4
23AA. Industry brigades 4
8. Municipal fire prevention committees 7
9. New sections 55A and 55B inserted 8
55A. Municipal fire prevention plans 8
55B. Audit of municipal fire prevention plan 8
10. New Part VA substituted 9
PART VA--APPEALS 9
Division 1--Country Fire Authority Appeals Commission 9
74A. Country Fire Authority Appeals Commission 9
74B. Function of the Commission 9
74C. Membership of Commission 8
74D. Term of appointment 9
74E. Remuneration and allowances 10
74F. Application of Public Sector Management Act 1992 10
74G. Vacancies 10
74H. Annual report of the Commission 11
Division 2--Appeals 11
74I. Rights of appeal 11
74J. Appeals to be by way of re-hearing 11
74K. Proceedings of the Commission 12
74L. Assistants in proceedings 12
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Clause Page
74M. Procedure on appeal 12
74N. Commission powers on appeal 13
74O. Costs 13
74P. Appeals against transfer 14
74Q. Promotion appeals 14
74R. Determination of Commission 14
74S. Authority and Chief Officer to give effect to
determination 15
74T. Evidence of determination 15
11. Regulations 15
12. Industry brigades 16
13. New section 111 inserted 18
111. Transitional--appeals 18
14. Statute law revision 18
PART 3--AMENDMENT OF THE METROPOLITAN FIRE
BRIGADES ACT 1958 19
15. Principal Act 19
16. New section 2 inserted 19
2. Purposes 19
17. Definitions 19
18. Repeal of heading 20
19. New sections 6 to 21 substituted 22
6. Metropolitan Fire and Emergency Services Board 22
7. Functions of Board 22
8. Accountability of Board 23
9. Constitution of the Board 23
10. Term of appointment 23
11. Remuneration and allowances 24
12. Application of Public Sector Management Act 24
13. Vacancies 24
14. Acting members 25
15. Membership of Board not office or place of profit 25
16. Decisions not affected by certain matters 26
17. Immunity of members of Board 26
18. Meetings of the Board 26
19. Participation in meetings by telephone etc. 27
20. Resolutions without meetings 26
21. Conflicts of interest 28
20. Sections 22 and 23 repealed 30
21. Power to acquire land 30
22. Power of delegation 30
24B. Power of delegation 30
23. Section 25 repealed 30
24. General powers of Board 30
25. New section 25B inserted 31
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531179B.I1-1/4/97
Clause Page
25B. Employees of Board 31
26. New section 26 substituted 32
26. Formation of units 32
27. New heading substituted 32
28. New sections 28, 29, 30 and 31 substituted 32
28. Chief Executive Officer 32
29. Acting Chief Executive Officer 33
30. Delegation of powers of Chief Executive Officer 33
31. Chief Officer 34
29. Action on alarm of fire 34
30. Destruction etc. of building by Chief Officer 35
31. False alarm of fire 36
32. Repeal of heading and section 33A 36
33. Regulations 36
34. Repeal of section 35 37
35. New section 52 substituted 37
52. Units to be registered 37
36. Section 53 repealed 38
37. New sections 54 and 54A substituted 38
54. Damage done to be within policy 38
54A. Immunity from certain liabilities 38
38. New section 55D substituted 38
55D. Board may provide emergency prevention and response
service 38
39. Activities outside metropolitan fire district 39
40. New section 56 substituted 39
56. Extension and application of Act 39
41. Section 57 repealed 39
42. Removal of persons from burning premises 39
43. Rights to water 40
44. New section 61 substituted 40
61. Police to aid units 40
45. Section 62 repealed 41
46. Owner to give information 41
47. Fire prevention work 41
48. Offences relating to impersonation 42
49. Recovery and application of penalties 42
50. Section 78 repealed 42
51. Offences by members of the operational staff 42
52. New sections 78B substituted and sections 78C, 78D and 78E
inserted 42
78B. Laying of charges 43
78C. Hearing of charges 43
78D. Decision of Chief Executive Officer 43
78E. Pay while suspended 44
53. New heading substituted 45
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Clause Page
54. New section 79 substituted and sections 79A to 79S inserted 45
79. Metropolitan Fire and Emergency Services Appeals
Commission 45
79A. Function of the Commission 45
79B. Membership of Commission 45
79C. Term of appointment 45
79D. Remuneration and allowances 46
79E. Application of Public Sector Management Act 1992 46
79F. Vacancies 46
79G. Annual report of the Commission 47
Appeals 47
79H. Rights of appeal 47
79I. Certain appeals to be by way of rehearing 47
79J. Proceedings of the Commission 48
79K. Assistants in proceedings 48
79L. Procedure on appeal 48
79M. Commission powers on appeal 49
79N. Costs 49
79O. Appeals against transfer 50
79P. Promotion appeals 50
79Q. Determination of Commission 51
79R. Board and Chief Executive Officer 51
79S. Evidence of determination 51
55. Repeal of sections 81(5), 81(6), 83, 85 and 86 51
56. References to Chief Fire Officer 51
57. References to officers 52
58. References to brigades 52
59. Statute law revision 52
60. New sections 94 to 98 inserted 52
94. Supreme Court--limitation of jurisdiction 52
Transitional Provisions 52
95. Superseded references 52
96. Metropolitan Fire Brigades Board 53
97. Chief Fire Officer 54
98. Transitional--appeals 54
NOTES 56
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s. 2
PARLIAMENT OF VICTORIA
A BILL
to amend the Country Fire Authority Act 1958 and the
Metropolitan Fire Brigades Act 1958 and for other purposes.
Fire Authorities (Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Country Fire Authority Act
5 1958 to improve the operation and
administration of that Act; and
(b) to amend the Metropolitan Fire Brigades
Act 1958 to improve the operation and
administration of that Act.
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Fire Authorities (Amendment) Act 1997
Act No.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
5 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1998, it
comes into operation on that day.
10 _______________
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Fire Authorities (Amendment) Act 1997
s. 3
Act No.
PART 2--AMENDMENT OF THE COUNTRY FIRE
AUTHORITY ACT 1958
3. Principal Act
Act No. 6228
In this Part the Country Fire Authority Act 1958 Reprint No. 7
5 is called the Principal Act. as at
7 November
1996.
Further
amended by
Act No.
59/1996.
4. Definitions
(1) In section 3 of the Principal Act insert--
' "designated area" means an area designated by
the Authority under section 23AA;
10 "industry brigade" means a brigade established
under section 23AA;
"senior employee" means the holder of a position
designated by the Authority as a senior
position;".
15 (2) In section 3 of the Principal Act--
(a) in the definition of "brigade" after
"volunteer" insert "or industry brigade";
(b) in the definition of "permanent brigade" after
"members" insert "but does not include an
20 industry brigade";
(c) in the definition of "permanent officer or
member" after "services" (where secondly
occurring) insert "but does not include an
officer or member of an industry brigade";
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Fire Authorities (Amendment) Act 1997
s. 5
Act No.
(d) in the definition of "volunteer brigade" after
"members" insert "but does not include an
industry brigade";
(e) in the definition of "volunteer officer or
5 member" after "brigade" (where secondly
occurring) insert "but does not include an
officer or member of an industry brigade".
5. New section 6A inserted
After section 6 of the Principal Act insert--
10 "6A. Accountability of Authority
(1) The Authority is subject to the general
direction and control of the Minister in the
performance of its functions and the exercise
of its powers.
15 (2) The Minister may from time to time give
written directions to the Authority.".
6. Officers and employees
In section 17 of the Principal Act after "any time"
insert "transfer,".
20 7. New section 23AA inserted
After section 23 of the Principal Act insert--
'23AA. Industry brigades
(1) The Authority may from time to time in
accordance with the regulations designate
25 areas in the country area of Victoria in which
it is appropriate to establish industry
brigades.
(2) The Authority may from time to time in
accordance with the regulations require any
30 relevant owner or group of relevant owners
in a designated area--
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Fire Authorities (Amendment) Act 1997
Act No.
(a) to form an industry brigade for that
area; and
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Fire Authorities (Amendment) Act 1997
s. 7
Act No.
(b) to apply to the Authority for
registration of the industry brigade; and
(c) at the expense of the relevant owner or
owners--
5 (i) to provide such officers and
members for the industry brigade
as are determined by the
Authority; and
(ii) to provide the industry brigade
10 with such apparatus for the
prevention or suppression of fires
and the saving of life at fires as is
determined by the Authority.
(3) A relevant owner must comply with a
15 requirement of the Authority directed to the
relevant owner under sub-section (2).
(4) A relevant owner may appeal to the
Administrative Appeals Tribunal against a
requirement under sub-section (2) to form an
20 industry brigade.
(5) The Authority, on the request of a relevant
owner or owners or on the failure of a
relevant owner or owners to comply with
sub-section (2), may--
25 (a) form an industry brigade for the
designated area in accordance with the
requirements of sub-section (2); and
(b) recover the costs of forming, equipping
and maintaining that brigade from the
30 relevant owner or owners as a debt due
to the Authority.
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Fire Authorities (Amendment) Act 1997
s. 8
Act No.
(6) The Authority may register an industry
brigade and enrol the officers and members
of the brigade.
(7) The Authority may cancel the registration of
5 an industry brigade if--
(a) the Authority determines that there is
no longer a need for the brigade; or
(b) the industry brigade fails to comply
with the requirements of the Authority
10 under this Act.
(8) The Authority may cancel the enrolment of
any officer or member of an industry
brigade.
(9) A relevant owner or group of relevant
15 owners must not disband an industry brigade
without the written consent of the Authority.
(10) In this section "relevant owner", in relation
to a designated area means--
(a) an owner of land in the designated area;
20 or
(b) an occupier of land in the designated
area; or
(c) a forest property owner under a forest
property agreement (within the
25 meaning of the Forestry Rights Act
1996) in respect of land in the
designated area.'.
8. Municipal fire prevention committees
After section 55(b) of the Principal Act insert--
30 "(c) to advise and make recommendations to the
municipal council in the preparation of its
municipal fire prevention plan;".
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Fire Authorities (Amendment) Act 1997
s. 9
Act No.
9. New sections 55A and 55B inserted
After section 55 of the Principal Act insert--
"55A. Municipal fire prevention plans
(1) A municipal council must prepare and
5 maintain a municipal fire prevention plan for
its municipal district in accordance with the
advice and recommendations of the
municipal fire prevention committee.
(2) A municipal fire prevention plan must
10 contain provisions in accordance with the
regulations--
(a) identifying areas, buildings and land
use in the municipal district which are
at particular risk in case of fire; and
15 (b) specifying how each identified risk is to
be treated; and
(c) specifying who is to be responsible for
treating those risks; and
(d) relating to any other matter prescribed
20 for inclusion in the plan.
55B. Audit of municipal fire prevention plan
(1) A municipal fire prevention plan must be
audited by the Authority during the period
commencing 1 January 1998 and ending 31
25 December 1998 and thereafter at least once
every 3 years.
(2) The audit must assess whether the plan
complies with the requirements of this Act
and the regulations.".
30
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Fire Authorities (Amendment) Act 1997
s. 10
Act No.
10. New Part VA substituted
For Part VA of the Principal Act substitute--
'PART VA--APPEALS
Division 1--Country Fire Authority Appeals
5 Commission
74A. Country Fire Authority Appeals
Commission
There is established a Commission to be
called the Country Fire Authority Appeals
10 Commission.
74B. Function of the Commission
The function of the Commission is to hear
and determine any appeals made to it under
Division 2.
15 74C. Membership of Commission
(1) The Commission consists of up to 3
Commissioners appointed by the Governor
in Council.
(2) One of the Commissioners is to be appointed
20 as Senior Commissioner.
74D. Term of appointment
(1) Subject to this Act, a Commissioner holds
office for the period, not exceeding 3 years,
specified in the instrument of his or her
25 appointment.
(2) A Commissioner is eligible for
reappointment.
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Fire Authorities (Amendment) Act 1997
s. 10
Act No.
74E. Remuneration and allowances
A Commissioner (other than an officer or
employee of the public service) is entitled to
receive--
5 (a) remuneration; and
(b) travelling or other allowances--
from time to time fixed by the Governor in
Council.
74F. Application of Public Sector Management
10 Act 1992
The Public Sector Management Act 1992
(including Part 9) does not apply to a
Commissioner in respect of the office of
Commissioner.
15 74G. Vacancies
(1) A Commissioner may resign from office by
letter signed by the Commissioner and
delivered to the Minister.
(2) The office of Commissioner becomes vacant
20 if the Commissioner--
(a) becomes bankrupt; or
(b) is convicted in Victoria of an offence
punishable on first conviction with
imprisonment for a term of 12 months
25 or more or is elsewhere convicted of an
offence which, if committed in
Victoria, would be so punishable.
(3) The Governor in Council, on the
recommendation of the Minister, may
30 remove a Commissioner from office if the
Commissioner--
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Fire Authorities (Amendment) Act 1997
s. 10
Act No.
(a) becomes incapable of performing his or
her duties; or
(b) is negligent in the performance of those
duties; or
5 (c) engages in improper conduct; or
(d) is convicted of an offence.
74H. Annual report of the Commission
(1) The Commission must prepare a report in
respect of each year ending on 30 June on its
10 own work and activities for that year.
(2) The Commission must submit the report to
the Minister not later than 30 September in
that year.
Division 2--Appeals
15 74I. Rights of appeal
An officer or employee of the Authority
appointed pursuant to section 17 (other than
a senior employee) may appeal to the
Commission against--
20 (a) a suspension or removal imposed on
him or her under section 17; or
(b) a suspension, removal or penalty
imposed by the Chairman or the Chief
Officer under the regulations; or
25 (c) a transfer of him or her other than a
transfer for a period not exceeding 6
months; or
(d) the promotion of another officer or
employee to a vacant position below
30 that of senior employee, to which he or
she is eligible to be promoted and for
which he or she has applied.
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Fire Authorities (Amendment) Act 1997
s. 10
Act No.
74J. Appeals to be by way of re-hearing
An appeal to the Commission under this Act
is to be by way of re-hearing.
74K. Proceedings of the Commission
5 (1) An appeal is to be heard by the full
Commission or by a Commissioner sitting
alone.
(2) For the purposes of sub-section (1), the
Senior Commissioner is to determine who is
10 to hear the appeal.
74L. Assistants in proceedings
(1) The Commission may in each appeal be
assisted by a person nominated by the
Authority and a person nominated by the
15 appellant.
(2) If the Authority or the appellant fails to
nominate a person under sub-section (1), the
Commission may proceed to hear the appeal
without that assistance.
20 (3) A person assisting the Commission under
this section is entitled to be present during
the whole of the appeal proceedings.
(4) A person assisting the Commission under
this section must advise the Commission on
25 any matter on which it seeks to be advised
but must not adjudicate on the matter before
the Commission.
74M. Procedure on appeal
(1) A person who has appealed to the
30 Commission under this Division may appear
at the appeal or may be represented at the
appeal by any person including a legal
practitioner.
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Fire Authorities (Amendment) Act 1997
s. 10
Act No.
(2) If the appellant does not attend in person or
by a representative at the time and place
fixed for the hearing, the Commission may
proceed in his or her absence.
5 (3) At an appeal--
(a) subject to this Act, the procedure of the
appeal is at the discretion of the
Commission; and
(b) the proceedings must be conducted
10 with as little formality and technicality
as the requirements of this Act and the
proper consideration of the matter
permit; and
(c) the Commission is not bound by the
15 rules of evidence but may inform itself
in any way it sees fit; and
(d) the Commission is bound by the rules
of natural justice.
74N. Commission powers on appeal
20 Sections 14 to 16 and 21A of the Evidence
Act 1958 apply in respect of any appeal to
the Commission under this Act as if the
Commission were a board appointed by the
Governor in Council and as if the
25 Commissioner hearing the appeal had the
powers of the chairman of a board appointed
by the Governor in Council.
74O. Costs
Each party to an appeal must bear--
30 (a) that party's own costs; and
(b) the costs of any nominee of that party
appointed to assist the Commission
under section 74L.
13
531179B.I1-1/4/97
Fire Authorities (Amendment) Act 1997
s. 10
Act No.
74P. Appeals against transfer
(1) An appeal against an order of transfer does
not, prior to the determination of the appeal,
stay the operation of the order.
5 (2) An appeal against an order of transfer can
only be made on the ground of hardship.
(3) The Commission must disallow an appeal
against an order of transfer if it is of the
opinion that the transfer was in the best
10 interests of the efficiency of the Authority.
(4) In this section "hardship" means financial
or personal hardship caused to the appellant
or the appellant's family by a requirement to
move to a location distant from the
15 appellant's home.
74Q. Promotion appeals
(1) The Commission in determining an appeal
against the failure of the Authority to select a
person for promotion must have regard to the
20 merit of the person selected for promotion
and the appellant.
(2) In this section "merit" means--
(a) skills, knowledge, aptitude and
experience relevant to the requirements
25 of the position; and
(b) special qualifications, fitness (including
physical fitness), diligence and good
conduct.
74R. Determination of Commission
30 The Commission--
(a) must hear and determine an appeal
under this Division; and
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s. 11
Act No.
(b) may--
(i) allow the appeal; or
(ii) dismiss the appeal; or
(iii) dismiss the appeal and vary the
5 penalty or order, as the case may
be.
74S. Authority and Chief Officer to give effect to
determination
The Authority and the Chief Officer must
10 give effect to a determination of the
Commission.
74T. Evidence of determination
A document purporting to record a
determination of the Commission and to be
15 signed by a Commissioner is in all courts of
law evidence of the determination and its
making.".
11. Regulations
(1) After section 110(1)(a) of the Principal Act
20 insert--
"(aa) For determining which positions or classes
of positions with the Authority are senior
employee positions;".
(2) For section 110(1)(ba) of the Principal Act
25 substitute--
"(ba) For regulating appeals to the Country Fire
Authority Appeals Commission, including
the period and procedure for making an
appeal;".
30 (3) In section 110(1)(n) of the Principal Act after
"volunteer brigades" (where first occurring) insert
"and industry brigades".
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s. 12
Act No.
(4) After section 110(1)(n) of the Principal Act
insert--
"(na) For specifying the criteria for and the
method of designation of areas for the
5 formation of industry brigades;
(nb) For specifying the criteria for determining
when an industry brigade should be formed;
(nc) For providing for the responsibilities and
performance of industry brigades and the
10 training and monitoring of industry brigades;
(nd) For providing the procedures for the
cancellation of an industry brigade and for
the responsibilities of relevant owners on
that cancellation;".
15 (5) After section 110(1)(za) of the Principal Act
insert--
"(zb) For prescribing the matters to be included in
a municipal fire prevention plan;".
12. Industry brigades
20 (1) In section 17A of the Principal Act after "brigade"
(where first occurring) insert "(other than an
industry brigade)".
(2) In section 20A(1) of the Principal Act after
"brigade" insert "(other than an industry
25 brigade)".
(3) After section 20B(2) of the Principal Act insert--
"(3) This section does not apply in relation to an
industry brigade.".
(4) After section 22(4) of the Principal Act insert--
30 "(5) This section does not apply in relation to an
industry brigade.".
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s. 12
Act No.
(5) After section 23A(4) of the Principal Act insert--
"(5) This section does not apply to industry
brigades.".
(6) After section 42(3) of the Principal Act insert--
5 "(4) This section does not apply to an industry
brigade.".
(7) In section 62 of the Principal Act for the
definition of "casual fire-fighter" substitute--
' "casual fire-fighter" means any person
10 (including an enrolled officer or member of
an industry brigade but not including an
enrolled officer or member of any other
brigade) who without remuneration or
reward voluntarily engages in fire-fighting at
15 any fire in or outside Victoria with a
Victorian brigade or group of brigades (other
than an industry brigade)--
(a) at the request of an officer in charge of
operations at the fire addressed to that
20 person or to an organisation of which
he or she is a member or employee; or
(b) with the express or implied approval of
an officer in charge of operations at the
fire.'.
25 (8) In section 91(1) of the Principal Act after
"brigade" insert "(other than an industry
brigade)".
(9) After section 93B(2) of the Principal Act insert--
"(3) This section does not apply to an industry
30 brigade.".
(10) In section 100(1) of the Principal Act after
"brigades" (where first occurring) insert "(other
than industry brigades)".
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s. 13
Act No.
(11) After section 110(4) of the Principal Act insert--
"(5) In paragraphs (ca), (ea), (eb), (ec), (f) and (g)
of sub-section (1) "brigade" does not
include an industry brigade.".
5 13. New section 111 inserted
After section 110 of the Principal Act insert--
"111. Transitional--appeals
If--
(a) an appeal had been lodged with the
10 Country Fire Authority Appeal
Tribunal under section 74B of this Act
as in force before the commencement
of section 13 of the Fire Authorities
(Amendment) Act 1997; and
15 (b) the appeal had not been heard before
that commencement--
the Country Fire Authority Appeals
Commission may hear and determine the
appeal in accordance with this Act as in
20 force immediately before that
commencement and for that purpose has all
the powers of the Country Fire Authority
Appeal Tribunal. ".
14. Statute law revision
25 In section 94(2) of the Principal Act omit
"pursuant to section 41B or".
_______________
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531179B.I1-1/4/97
Fire Authorities (Amendment) Act 1997
s. 15
Act No.
PART 3--AMENDMENT OF THE METROPOLITAN FIRE
BRIGADES ACT 1958
15. Principal Act
Act No. 6315.
In this Part the Metropolitan Fire Brigades Act
Reprint No. 6
5 1958 is referred to as the Principal Act. as at 18
January 1996.
Further
amended by
Act
No. 59/1996.
16. New section 2 inserted
After section 1 of the Principal Act insert--
"2. Purposes
The main purposes of this Act are--
10 (a) to provide for fire safety, fire
suppression and fire prevention
services and emergency response
services in the metropolitan fire district;
and
15 (b) to establish a Metropolitan Fire and
Emergency Services Board.".
17. Definitions
(1) In section 3(1) of the Principal Act for the
definition of "Board" substitute--
20 ' "Board" means the Metropolitan Fire and
Emergency Services Board;'.
(2) In section 3(1) of the Principal Act omit the
definitions of "brigade", "officer" or "employee"',
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Fire Authorities (Amendment) Act 1997
s. 18
Act No.
"permanent fire brigade" and "volunteer fire
brigade".
(3) In section 3(1) of the Principal Act for the
definition of "chief fire officer" substitute--
5 ' "Chief Officer" means the Chief Officer of the
Metropolitan Fire and Emergency Services;'.
(4) In section 3(1) of the Principal Act insert--
' "emergency" means an emergency due to the
actual or imminent occurrence of an event
10 which in any way endangers or threatens to
endanger the safety or health of any person
or which destroys or damages, or threatens to
destroy or damage, any property or
endangers or threatens to endanger the
15 environment or an element of the
environment, including, without limiting the
generality of the foregoing--
(a) an earthquake, flood, wind-storm or
other natural event; and
20 (b) a fire; and
(c) an explosion; and
(d) a road accident or any other accident;
"operational staff" means all members of units;
"senior operational staff" means all employees
25 of the Board employed in senior positions;
"senior position" means a position in a unit
designated by the Board as a senior position;
"unit" means a fire or emergency service unit
established under this Act;'.
30 (5) Section 3(2) of the Principal Act is repealed.
18. Repeal of heading
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531179B.I1-1/4/97
Fire Authorities (Amendment) Act 1997
Act No.
For the heading "Metropolitan Fire Brigades
Board" immediately preceding section 6 of the
Principal Act substitute "Metropolitan Fire and
Emergency Services Board".
5
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Fire Authorities (Amendment) Act 1997
s. 19
Act No.
19. New sections 6 to 21 substituted
For sections 6 to 21 and the heading
"Proceedings of the Board" immediately
preceding section 18 of the Principal Act
5 substitute--
"6. Metropolitan Fire and Emergency Services
Board
(1) There is established a Metropolitan Fire and
Emergency Services Board.
10 (2) The Board--
(a) is a body corporate with perpetual
succession; and
(b) shall have a common seal; and
(c) may sue and be sued in its corporate
15 name; and
(d) may acquire, hold and dispose of real
and personal property for the purpose
of performing its functions; and
(e) may do and suffer all acts and things
20 that bodies corporate may by law do
and suffer and that are necessary or
incidental for the performance of its
functions.
7. Functions of Board
25 (1) The functions of the Board are--
(a) to provide for fire suppression and fire
prevention services in the metropolitan
fire district; and
(b) to provide for emergency prevention
30 and response services in the
metropolitan fire district; and
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(c) to carry out any other functions
conferred on the Board by or under this
Act or any other Act.
(2) The Board has all powers necessary to carry
5 out its functions.
(3) The functions of the Board extend to any
vessel berthed adjacent to land which by
virtue of section 4(2) is part of the
metropolitan fire district.
10 8. Accountability of Board
(1) The Board is subject to the general direction
and control of the Minister in the
performance of its functions and the exercise
of its powers.
15 (2) The Minister may from time to time give
written directions to the Board.
9. Constitution of the Board
(1) The Board consists of up to 7 members
appointed by the Governor in Council.
20 (2) One of the members is to be appointed as
President of the Board.
10. Term of appointment
(1) Subject to this Act, a member of the Board
holds office for the period, not exceeding 3
25 years, specified in the instrument of his or
her appointment.
(2) A member of the Board is eligible for
reappointment.
(3) The instrument of appointment may specify
30 terms and conditions of appointment not
inconsistent with this Act or the regulations.
(4) A member of the Board may be removed
from office by the Governor in Council.
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11. Remuneration and allowances
(1) A member of the Board (other than an
officer or employee of the public service) is
entitled to receive--
5 (a) remuneration; and
(b) travelling or other allowances--
from time to time fixed by the Governor in
Council.
(2) If a member of the Board is a member of the
10 Legislative Council or the Legislative
Assembly, the member is not entitled to the
payment of any remuneration or allowances
under this Act.
12. Application of Public Sector Management
15 Act
The Public Sector Management Act 1992
(including Part 9) does not apply to a
member of the Board in respect of the office
of member.
20 13. Vacancies
(1) A member of the Board may resign from
membership by letter signed by the member
and delivered to the Minister.
(2) The office of a member of the Board
25 becomes vacant if the member--
(a) without the approval of the Board, fails
to attend 3 consecutive meetings of the
Board; or
(b) becomes bankrupt; or
30 (c) is convicted in Victoria of an offence
punishable on first conviction with
imprisonment for a term of 12 months
or more or is elsewhere convicted of an
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s. 19
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offence which, if committed in
Victoria, would be so punishable.
14. Acting members
(1) If a member of the Board is unable to
5 perform the duties of his or her office, the
Governor in Council may appoint a person to
act in the place of the member during the
period of inability.
(2) An acting appointment is to be for any term
10 and on any conditions determined by the
Governor in Council.
(3) The Governor in Council may at any time
terminate an acting appointment.
(4) An acting member has all the powers and
15 functions and may perform the duties of the
member for whom he or she is acting.
(5) An acting member is entitled to receive any
remuneration or travelling or other
allowances fixed from time to time by the
20 Governor in Council in respect of that acting
member.
15. Membership of Board not office or place of
profit
A member of the Board must not, in respect
25 of the office of member, be taken to hold an
office or place of profit under the Crown
which would--
(a) prevent the member sitting or voting as
a member of the Legislative Council or
30 the Legislative Assembly;
(b) make void the member's election to the
Legislative Council or the Legislative
Assembly;
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(c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly;
(d) subject the member to liability to a
5 penalty under the Constitution Act
1975.
16. Decisions not affected by certain matters
An act or decision of the Board is not invalid
only because--
10 (a) of a defect or irregularity in the
appointment of a member or acting
member; or
(b) of a vacancy in its membership; or
(c) the occasion for the appointment of an
15 acting member has ceased to exist.
17. Immunity of members of Board
(1) A member of the Board is not
personally liable for anything done or
omitted to be done in good faith--
20 (a) in the exercise of a power or the
discharge of a duty under this Act
or the regulations; or
(b) in the reasonable belief that the
act or omission was in the
25 exercise of a power or the
discharge of a duty under this Act
or the regulations.
(2) Any liability resulting from an act or
omission that would but for sub-section
30 (1) attach to a member of the Board
attaches instead to the Board.
18. Meetings of the Board
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(1) Meetings of the Board shall be held at the
times and places determined by the Board.
(2) The President must preside at any meeting of
the Board at which the President is present.
5 (3) If the President is not present at a meeting,
the members present may elect one of their
number to preside at the meeting.
(4) Four members of the Board constitute a
quorum for meetings of the Board.
10 (5) The functions of the Board may be
performed at a meeting at which there is a
quorum.
(6) At a meeting a decision of the Board is the
decision of the majority of members present
15 and voting at the meeting and, if voting is
equal, the person presiding at the meeting
has a casting vote as well as a deliberative
vote.
(7) The Board must ensure that minutes are kept
20 of each meeting.
(8) Subject to this Act, the Board may regulate
its own proceedings.
19. Participation in meetings by telephone etc.
(1) The Board may permit its members to
25 participate in a particular meeting, or all
meetings, by--
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.
30 (2) A member who participates in a meeting
under a permission under sub-section (1) is
deemed to be present at the meeting.
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20. Resolutions without meetings
(1) If--
(a) the Board has taken reasonable steps to
give notice to each member setting out
5 the terms of a proposed resolution; and
(b) at least 4 members of the Board sign a
document containing a statement that
they are in favour of the resolution in
the terms set out in the document--
10 a resolution in those terms is deemed to have
been passed at a meeting of the Board held
on the day on which the document is signed
or, if the members referred to in paragraph
(b) do not sign it on the same day, on the day
15 on which the last of those members signs the
document.
(2) For the purposes of sub-section (1), 2 or
more separate documents containing a
statement in identical terms, each of which is
20 signed by one or more members, are deemed
to constitute one document.
(3) If a resolution is deemed by this section to
have been passed at a meeting of the Board,
each member must as soon as practicable be
25 advised of the matter and given a copy of the
resolution.
(4) The members referred to in sub-section
(1)(b) must not include a member who,
because of section 21, is not entitled to vote
30 on the resolution.
21. Conflicts of interest
(1) Whenever the Board is to make a decision on
a matter at a meeting, each member present
at the meeting must, before the matter is
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considered, declare any direct or indirect
pecuniary interest that he or she has in the
matter.
Penalty: 5 penalty units.
5 (2) The Board or the President must cause the
declaration to be tabled at that meeting or at
the next meeting of the Board and the person
presiding at that meeting must cause the
declaration to be recorded in the minutes of
10 the meeting.
(3) A member who has a conflict of interest in a
matter--
(a) must not be present during any
deliberations on the matter, unless a full
15 declaration of the interest has been
made and the Board directs otherwise;
and
(b) is not entitled to vote on the matter.
(4) A member who has a conflict of interest in a
20 matter must not be present during any
deliberations leading to a direction, or take
part in making a direction under sub-section
(3)(a).
(5) If a member votes on a matter in
25 contravention of sub-section (3)(b), his or
her vote must be disallowed.
(6) For the purposes of the section, a member is
not to be regarded as having a conflict of
interest--
30 (a) in a matter relating to the supply of
goods or services to the member if the
goods or services are, or are to be,
available to members of the public on
the same terms and conditions; or
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(b) in a contract or arrangement only
because that contract or arrangement
may benefit a company or other body in
which the member has a beneficial
5 interest that does not exceed $2000 or
1% of the total nominal value of
beneficial interests in the company or
body, whichever is the lesser.".
20. Sections 22 and 23 repealed
10 Sections 22 and 23 of the Principal Act are
repealed.
21. Power to acquire land
For section 24A(2)(b) of the Principal Act
substitute--
15 "(b) the Metropolitan Fire and Emergency
Services Board is the Authority.".
22. Power of delegation
For section 24B of the Principal Act substitute--
"24B. Power of delegation
20 The Board may, by instrument under its
common seal, delegate to any employee or
class of employees of the Board any
responsibility, power, authority, duty or
function of the Board under this Act or the
25 regulations or under any other Act or
regulations, other than this power of
delegation.".
23. Section 25 repealed
Section 25 of the Principal Act is repealed.
30 24. General powers of Board
(1) For section 25A(4) of the Principal Act
substitute--
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"(4) Sub-section (3)(a) does not apply to an
agreement for the provision of goods or
services by the Board to a unit or group of
units or to a person acting on behalf of a unit
5 or group of units.
(4A) The Board, with the written consent of the
Minister, may--
(a) enter into any agreement or
arrangement with any person or body to
10 provide consultancy services in
emergency protection and response in
any place outside Victoria; and
(b) make any charge it thinks fit for those
services.".
15 (2) In section 25A(5) of the Principal Act after "or
(b)" insert "or (4A)".
25. New section 25B inserted
After section 25A of the Principal Act insert--
"25B. Employees of Board
20 (1) The Board may from time to time--
(a) employ any persons that it considers
necessary to assist it in carrying out its
functions under this Act or any other
Act; and
25 (b) transfer, promote, suspend or remove
any employee.
(2) Every appointment or promotion of a
member of the operational staff is to be on
3 months' probation.".
30
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26. New section 26 substituted
For section 26 of the Principal Act substitute--
"26. Formation of units
(1) The Board may at any time and from time to
5 time establish fire or emergency services
units to assist it in carrying out its functions.
(2) A unit may consist of--
(a) persons employed by the Board; or
(b) persons engaged under any contract or
10 arrangement entered into by the Board;
or
(c) both.
(3) A member of a unit is subject to the direction
and control of the Chief Officer.".
15 27. New heading substituted
For the heading "Officers and Members of
Brigades" appearing before section 28 of the
Principal Act substitute "Chief Executive
Officer and Chief Officer".
20 28. New sections 28, 29, 30 and 31 substituted
For sections 28, 29, 30 and 31 of the Principal Act
substitute--
"28. Chief Executive Officer
(1) The Board must, with the approval of the
25 Minister, appoint a person as Chief
Executive Officer of the Board.
(2) The Chief Executive Officer holds office for
the period, not exceeding 5 years, specified
in the instrument of his or her appointment.
30
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s. 28
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(3) The Chief Executive Officer is responsible to
the Board for the carrying out of its
functions.
(4) The Chief Executive Officer must comply
5 with the directions of the Board.
29. Acting Chief Executive Officer
(1) The Board must appoint a person to be the
Acting Chief Executive Officer of the
Board--
10 (a) while the office of Chief Executive
Officer is vacant; or
(b) during any period when the Chief
Executive Officer is unable, by reason
of illness or absence, to perform the
15 functions of that office.
(2) The Acting Chief Executive Officer has all
the powers and functions and may perform
the duties of the Chief Executive Officer
while he or she is acting, including any
20 power, function or duty as Chief Officer.
30. Delegation of powers of Chief Executive
Officer
The Chief Executive Officer may, by
instrument, delegate to any person by name
25 or to the holder of an office or position
approved by the Board, any responsibility,
power, authority, duty or function conferred
on the Chief Executive Officer under this
Act or the regulations, except this power of
30 delegation.
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Act No.
31. Chief Officer
(1) There is to be an officer to be called the
Chief Officer of the Metropolitan Fire and
Emergency Services.
5 (2) The person for the time being holding the
office of Chief Executive Officer of the
Board is to be the Chief Officer of the
Metropolitan Fire and Emergency Services.".
29. Action on alarm of fire
10 (1) For section 32B(1) and (2) of the Principal Act
substitute--
"(1) For the purposes of this section, the Chief
Officer is responsible for the control and
direction of all members of units in the
15 metropolitan district.
(2) On an alarm of fire being received by a unit,
those members of the unit specified by the
Chief Officer must, with the appliances and
equipment specified by the Chief Officer,
20 proceed with all practical speed to the scene
of the alarm of fire.".
(2) In section 32B(3) of the Principal Act--
(a) for "senior fire-fighting officer" substitute
"senior member of the operational staff";
25 (b) for paragraph (b) substitute--
"(b) shall have the control and direction of
any unit present and of all persons
assisting any unit or units at the
scene;";
30 (c) in paragraph (d) for "brigade or brigades"
substitute "unit or units".
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(3) In section 32B(5) of the Principal Act for "senior
fire-fighting officer" substitute "senior member
of the operational staff".
(4) For section 32B(6) of the Principal Act
5 substitute--
'(6) In this section, "senior member of the
operational staff", in relation to the scene
of an alarm of fire, means the person
determined in accordance with the directions
10 of Chief Officer to be the senior member of
the operational staff at the scene.'.
30. Destruction etc. of building by Chief Officer
For section 32C(1) of the Principal Act
substitute--
15 "(1) If a fire has been recently extinguished, the
Chief Officer may cause any building or
structure--
(a) which has been damaged by the fire;
and
20 (b) which the Chief Officer reasonably
believes is or may become dangerous to
life or property because of that
damage--
to be shored up, pulled down or otherwise
25 destroyed or removed.
(1A) For the purposes of sub-section (1), the Chief
Officer may do or cause to be done anything
which the senior member of the operational
staff at the scene of an alarm of fire may do
30 or cause to be done under section
32B(3)(c).".
35
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s. 31
Act No.
31. False alarm of fire
In section 32D(1) of the Principal Act--
(a) in paragraphs (a) and (b) for "brigade"
substitute "unit";
5 (b) in paragraph (b) for "an officer" substitute
"a member of the operational staff".
32. Repeal of heading and section 33A
(1) The heading "Payment of Wages and Salaries"
immediately before section 33A of the Principal
10 Act is repealed.
(2) Section 33A of the Principal Act is repealed.
33. Regulations
(1) In section 34(1) of the Principal Act--
(a) paragraphs (a), (ca), (e), (f), (g), (l), (m), (p),
15 (q), (r) and (w) are repealed;
(b) for paragraphs (b) and (c) substitute--
"(b) For the appointment, promotion,
probation, transfer, suspension and
removal of employees of the Board;
20 (ba) For the examination of employees of
the Board and members of units;
(c) For regulating the duties and conduct of
employees of the Board and members
of units;";
25 (c) in paragraph (i) omit "and companies or
divisions of brigades";
(d) for paragraph (k) substitute--
"(k) For the establishment and registration
of fire or emergency service units;";
30 (e) in paragraph (oa) for "other services
rendered by officers of the Board" substitute
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"any other services whatever rendered by the
Board (whether within or outside Victoria)";
(f) in paragraph (pa) after "prescribing" insert
"the insignia and";
5 (g) for paragraph (x) substitute--
"(x) For appeals to the Metropolitan Fire
and Emergency Services Appeals
Commission, including the period and
procedure for making an appeal;
10 (xa) For hearings under section 78C;".
(2) In section 34(3) of the Principal Act for "section
6(2) of the Subordinate Legislation Act 1962"
substitute "section 23 of the Subordinate
Legislation Act 1994".
15 34. Repeal of section 35
Section 35 of the Principal Act is repealed.
35. New section 52 substituted
For section 52 of the Principal Act substitute--
"52. Units to be registered
20 All units--
(a) must conform to the laws affecting
units; and
(b) must be registered in the manner and
subject to the conditions prescribed by
25 the regulations; and
(c) are subject to inspection by any
employee of the Board who is
authorised by the Board to carry out
inspections.".
30
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Act No.
36. Section 53 repealed
Section 53 of the Principal Act is repealed.
37. New sections 54 and 54A substituted
For sections 54 and 54A of the Principal Act
5 substitute--
"54. Damage done to be within policy
Any damage to property caused by the Chief
Officer or by any member of any unit or by
any unit in the lawful execution of any
10 power conferred by this Act is deemed to be
damage by fire within the meaning of any
policy of insurance against fire covering the
property so damaged despite any clause or
condition to the contrary in that policy.
15 54A. Immunity from certain liabilities
The Chief Officer and any member of a unit
are not personally liable for anything done or
omitted to be done in good faith--
(a) in the exercise of a power or the
20 discharge of a duty under section 32B,
32C, 55, 55A, 55B, 55C, 55D or 55E;
or
(b) in the reasonable belief that the act or
omission was in the exercise of a power
25 or the discharge of a duty under that
section.".
38. New section 55D substituted
For section 55D of the Principal Act substitute--
"55D. Board may provide emergency prevention
30 and response service
Without limiting any other power of the
Board under this Act, the Board may provide
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s. 39
Act No.
emergency prevention and response services
within the metropolitan fire district.".
39. Activities outside metropolitan fire district
(1) In section 55E(1) and (2) of the Principal Act for
5 "brigade" (wherever occurring) substitute "unit".
(2) After section 55E(2) of the Principal Act insert--
"(3) If the Minister directs the Board to provide
an emergency prevention or response service
at a place outside the metropolitan fire
10 district (whether within Victoria or not), the
Board may attend at that place and, subject
to the direction and control of the person
having authority in that place, may provide
that service in that place.".
15 40. New section 56 substituted
For section 56 of the Principal Act substitute--
"56. Extension and application of Act
For the purposes of carrying out any function
under section 55, 55A, 55B, 55C, 55D or
20 55E, the Board has all the powers (with any
necessary modification or extension) which
the Chief Officer has in relation to the
prevention and suppression of fire or the
protection of life and property in case of
25 fire.".
41. Section 57 repealed
Section 57 of the Principal Act is repealed.
42. Removal of persons from burning premises
(1) For section 58(1) of the Principal Act
30 substitute--
"(1) A member of a unit or a member of the
police force may order any person who is not
a member of a unit or who is not acting
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s. 43
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under the control or direction of a member of
a unit to withdraw from any premises then
burning or which are threatened by fire.
(1A) A person must comply immediately with an
5 order given to the person under sub-section
(1).".
(2) In section 58(2) of the Principal Act for "officer"
substitute "member".
43. Rights to water
10 In section 59 of the Principal Act for "its officers
and servants and any brigade" substitute ", its
operational staff and any unit".
44. New section 61 substituted
For section 61 of the Principal Act substitute--
15 '61. Police to aid units
(1) Every member of the police force present at
any fire must support and assist the senior
member of the operational staff at the
scene--
20 (a) in the maintenance of the senior
member's authority; and
(b) in enforcing compliance by all persons
with any order given by the senior
member in the execution of his or her
25 duty.
(2) All members of the police force are
authorised and required to aid units in the
execution of their duties.
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Act No.
(3) For the purpose of sub-section (2), members
of the police force may--
(a) close any street in or near which a fire
is burning; and
5 (b) of their own volition or at the request of
the senior member of the operational
staff at the scene, remove any persons
who interfere by their presence or
otherwise with the operations of the
10 unit.
(4) In this section "senior member of the
operational staff" has the same meaning as
it has in section 32B.'.
45. Section 62 repealed
15 Section 62 of the Principal Act is repealed.
46. Owner to give information
In section 70(1) of the Principal Act--
(a) for "Chief Fire Officer or any other officer"
substitute "Chief Officer or any employee";
20 and
(b) for "or officer" substitute ", officer or
employee".
47. Fire prevention work
For section 72(3) of the Principal Act
25 substitute--
'(3) Subject to the general direction and control
of the Chief Officer, the members of any
unit, with the consent of the relevant owner,
occupier, Minister, council or authority, may
30 carry out any work (including burning) that
the senior member of the operational staff in
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s. 48
Act No.
the unit thinks necessary or expedient for the
prevention of the occurrence or spread of
fire.
(4) In this section "senior member of the
5 operational staff" has the same meaning as
it has in section 32B.'.
48. Offences relating to impersonation
For section 75A(c) of the Principal Act
substitute--
10 "(c) impersonate a member of a unit; or".
49. Recovery and application of penalties
(1) For section 77(1)(b) of the Principal Act
substitute--
"(b) if the fire prevention notice was served by
15 the Chief Officer or by any person
authorised by the Board.".
(2) In section 77(2) of the Principal Act omit "any
officer of, or".
(3) In section 77(3)(b) of the Principal Act for "Chief
20 Fire Officer" substitute "Chief Officer".
50. Section 78 repealed
Section 78 of the Principal Act is repealed.
51. Offences by members of the operational staff
In section 78A of the Principal Act for "An officer
25 or member of a brigade" substitute "A member of
the operational staff".
52. New sections 78B substituted and sections 78C, 78D
and 78E inserted
For section 78B of the Principal Act substitute--
30
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s. 52
Act No.
"78B. Laying of charges
(1) A member of the senior operational staff
may, after an investigation, lay a charge for
an offence under section 78A.
5 (2) The Chief Executive Officer may suspend
from duty with pay any person charged
under sub-section (1) until the charge is dealt
with under section 78D.
78C. Hearing of charges
10 (1) The Chief Executive Officer must hear a
charge laid under section 78B.
(2) A member of the operational staff and any
other party to the hearing is entitled to be
represented at the hearing of the charge by a
15 legal practitioner or other person.
(3) The representative of a party may examine
witnesses and address the Chief Executive
Officer on behalf of the party.
(4) If the member of the operational staff does
20 not attend in person or by a representative at
the time and place fixed for the hearing, the
Chief Executive Officer may proceed in his
or her absence.
78D. Decision of Chief Executive Officer
25 (1) If, after hearing the charge, the Chief
Executive Officer is satisfied that the offence
was committed, he or she may do any one or
more of the following--
(a) reprimand the member concerned; or
30 (b) reduce the position of the member
concerned for such period as the Chief
Executive Officer thinks fit; or
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(c) impose a fine of not more than 40
penalty units; or
(d) suspend the member from duty with or
without pay for a period not exceeding
5 6 months; or
(e) dismiss the member concerned.
(2) If a fine is imposed under this section, the
amount of the fine may be deducted from the
pay of the member fined but not more than ½
10 of a penalty unit may be deducted from the
pay attributable to any one week.
78E. Pay while suspended
(1) A member of the operational staff who has
been suspended from duty without pay under
15 section 78D may engage in paid employment
during the term of the suspension.
(2) All pay which accrues to a member during
any period of suspension without pay must
be withheld.
20 (3) If the Appeals Commission upholds an
appeal by the member in respect of the
charge for which he or she has been
suspended, all pay withheld under sub-
section (2) must be immediately paid to the
25 member, less any earnings received by the
member during the period of suspension.
(4) If an appeal by the member is not upheld by
the Appeals Commission in respect of the
charge for which he or she has been
30 suspended or no appeal is lodged within the
prescribed time, all pay withheld under sub-
section (2) is forfeited unless the Appeals
Commission orders otherwise.".
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53. New heading substituted
For the heading "Appeal Tribunal" immediately
before section 79 of the Principal Act substitute
"Metropolitan Fire and Emergency Services
5 Appeals Commission".
54. New section 79 substituted and sections 79A to 79S
inserted
For section 79 of the Principal Act substitute--
'79. Metropolitan Fire and Emergency Services
10 Appeals Commission
There is established a Commission to be
called the Metropolitan Fire and Emergency
Services Appeals Commission.
79A. Function of the Commission
15 The function of the Commission is to hear
and determine any appeal made to it under
this Act.
79B. Membership of Commission
(1) The Commission consists of up to 3
20 Commissioners appointed by the Governor
in Council.
(2) One of the Commissioners is to be appointed
as Senior Commissioner.
79C. Term of appointment
25 (1) Subject to this Act, a Commissioner holds
office for the period, not exceeding 3 years,
specified in the instrument of his or her
appointment.
(2) A Commissioner is eligible for
30 reappointment.
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79D. Remuneration and allowances
A Commissioner (other than an officer or
employee of the public service) is entitled to
receive--
5 (a) remuneration; and
(b) travelling or other allowances--
from time to time fixed by the Governor in
Council.
79E. Application of Public Sector Management
10 Act 1992
The Public Sector Management Act 1992
(including Part 9) does not apply to a
Commissioner in respect of the office of
Commissioner.
15 79F. Vacancies
(1) A Commissioner may resign from office by
letter signed by the Commissioner and
delivered to the Minister.
(2) The office of Commissioner becomes vacant
20 if the Commissioner--
(a) becomes bankrupt; or
(b) is convicted in Victoria of an offence
punishable on first conviction with
imprisonment for a term of 12 months
25 or more or is elsewhere convicted of an
offence which, if committed in
Victoria, would be so punishable.
(3) The Governor in Council, on the
recommendation of the Minister, may
30 remove a Commissioner from office if the
Commissioner--
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(a) becomes incapable of performing his or
her duties; or
(b) is negligent in the performance of those
duties; or
5 (c) engages in improper conduct; or
(d) is convicted of an offence.
79G. Annual report of the Commission
(1) The Commission must prepare a report in
respect of each year ending on 30 June on its
10 own work and activities for that year.
(2) The Commission must submit the report to
the Minister not later than 30 September in
that year.
Appeals
15 79H. Rights of appeal
A member of the operational staff may
appeal to the Commission against--
(a) a decision of the Chief Executive
Officer under section 78D in relation to
20 the member;
(b) an order of transfer of the member,
other than an order of transfer for a
period not exceeding 8 weeks;
(c) the failure of the Board to select the
25 member (not being a member of the
senior operational staff) for promotion
to a vacant position for which he or she
has applied.
79I. Certain appeals to be by way of rehearing
30 An appeal to the Commission under section
79H(a) or (c) is to be by way of re-hearing.
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79J. Proceedings of the Commission
(1) An appeal is to be heard by the full
Commission or a Commissioner sitting
alone.
5 (2) For the purposes of sub-section (1), the
Senior Commissioner is to determine who is
to hear the appeal.
79K. Assistants in proceedings
(1) The Commission may in each appeal be
10 assisted by a person nominated by the Board
or the Chief Executive Officer and a person
nominated by the appellant.
(2) If the Board or the Chief Executive Officer
(as the case requires) or the appellant fails to
15 nominate a person under sub-section (1), the
Commission may proceed to hear the appeal
without that assistance.
(3) A person assisting the Commission under
this section is entitled to be present during
20 the whole of the appeal proceedings.
(4) A person assisting the Commission under
this section must advise the Commission on
any matter on which it seeks to be advised
but must not adjudicate on the matter before
25 the Commission.
79L. Procedure on appeal
(1) A member of the operational staff who has
appealed to the Commission or any other
party to the appeal may appear at the appeal
30 or may be represented at the appeal by any
person including a legal practitioner.
(2) If a member who is the subject of an appeal
does not attend in person or by a
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representative at the time and place fixed for
the hearing, the Commission may proceed in
his or her absence.
(3) At an appeal--
5 (a) subject to this Act, the procedure of the
appeal is at the discretion of the
Commission; and
(b) the proceedings must be conducted
with as little formality and technicality
10 as the requirements of this Act and the
proper consideration of the matter
permit; and
(c) the Commission is not bound by the
rules of evidence but may inform itself
15 in any way it sees fit; and
(d) the Commission is bound by the rules
of natural justice.
79M. Commission powers on appeal
Sections 14 to 16 and 21A of the Evidence
20 Act 1958 apply in respect of any appeal to
the Commission under this Act as if the
Commission were a board appointed by the
Governor in Council and as if the Senior
Commissioner or the Commissioner hearing
25 the appeal had the powers of the chairman of
a board appointed by the Governor in
Council.
79N. Costs
Each party to an appeal must bear--
30 (a) that party's own costs; and
(b) the costs of any nominee of that party
appointed to assist the Commission
under section 79K.
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79O. Appeals against transfer
(1) An appeal against an order of transfer may
only be brought on the ground that the
process used by the Board in determining the
5 transfer was not procedurally fair.
(2) An appeal against an order of transfer does
not, prior to the determination of the appeal,
stay the operation of the order.
(3) The Commission must disallow an appeal
10 against an order of transfer if it is of the
opinion that the transfer was in the best
interests of the efficiency of the Metropolitan
Fire and Emergency Service.
79P. Promotion appeals
15 (1) The Commission in determining an appeal
against the failure of the Board to select a
member of the operational staff for
promotion must have regard to the merit of
the person selected for promotion and the
20 appellant.
(2) The Commission must disallow an appeal
against the failure of the Board to select a
member of the operational staff for
promotion if it is of the opinion that this was
25 in the best interests of the efficiency of the
Metropolitan Fire and Emergency Service.
(3) In this section "merit" means--
(a) skills, knowledge, aptitude and
experience relevant to the requirements
30 of the position; and
(b) special qualifications, fitness (including
physical fitness), diligence and good
conduct; and
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(c) the performance of the person selected
and the appellant in previous
appointments.
79Q. Determination of Commission
5 The Commission--
(a) must hear and determine an appeal
under this Act; and
(b) may--
(i) allow the appeal; or
10 (ii) dismiss the appeal; or
(iii) in the case of an appeal under
section 79H(a) or (c), dismiss the
appeal and vary the decision.
79R. Board and Chief Executive Officer
15 The Board and the Chief Executive Officer
must give effect to a determination of the
Commission.
79S. Evidence of determination
A document purporting to record a
20 determination of the Commission and to be
signed by a Commissioner is in all courts of
law evidence of the determination and its
making.'.
55. Repeal of sections 81(5), 81(6), 83, 85 and 86
25 Sections 81(5), 81(6), 83, 85 and 86 of the
Principal Act are repealed.
56. References to Chief Fire Officer
In sections 31A(1), 32, 71, 88, 90, 92 and 93 of
the Principal Act for "Chief Fire Officer"
30 (wherever occurring) substitute "Chief Officer".
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57. References to officers
(1) In sections 80, 81, 81A, 83 or 84 of the Principal
Act omit "officer or" (wherever occurring).
(2) In section 82 of the Principal Act omit "officers
5 and".
(3) Section 80(2) of the Principal Act is repealed.
58. References to brigades
(1) In section 44(1) of the Principal Act for "fire
brigade" substitute "unit".
10 (2) In section 60(1) and (2) of the Principal Act for
"brigade" substitute "unit".
(3) In section 76 of the Principal Act omit "brigade
and every".
59. Statute law revision
15 In section 40A of the Principal Act for
"provisonal" substitute "provisional".
60. New sections 94 to 98 inserted
After section 93 of the Principal Act insert--
"94. Supreme Court--limitation of jurisdiction
20 It is the intention of section 54A to alter or
vary section 85 of the Constitution Act
1975.
Transitional Provisions
95. Superseded references
25 On the commencement of section 60 of the
Fire Authorities (Amendment) Act 1997,
in any Act (other than this Act), or in any
instrument made under any Act or in any
other document of any kind--
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(a) a reference to the Metropolitan Fire
Brigades Board is deemed to be a
reference to the Metropolitan Fire and
Emergency Services Board; and
5 (b) a reference to the Chief Fire Officer in
relation to the Metropolitan Fire
Brigades is deemed to be a reference to
the Chief Officer of the Metropolitan
Fire and Emergency Services; and
10 (c) a reference to the Metropolitan Fire
Brigades is deemed to be a reference to
the Metropolitan Fire and Emergency
Services; and
(d) a reference to a brigade or fire brigade
15 in relation to the Metropolitan Fire
Brigades is deemed to be a reference to
a fire or emergency service unit under
this Act; and
(e) a reference to the Metropolitan Fire
20 Brigades Appeal Tribunal is deemed to
be a reference to the Metropolitan Fire
and Emergency Services Appeals
Commission.
96. Metropolitan Fire Brigades Board
25 On the commencement of section 60 of the
Fire Authorities (Amendment) Act 1997--
(a) the Metropolitan Fire Brigades Board is
abolished and its members go out of
office; and
30 (b) the Metropolitan Fire and Emergency
Services Board is the successor in law
of the Metropolitan Fire Brigades
Board; and
(c) all rights, assets, liabilities and
35 obligations of the Metropolitan Fire
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Brigades Board immediately before its
abolition become rights, assets,
liabilities and obligations of the
Metropolitan Fire and Emergency
5 Services Board; and
(d) the Metropolitan Fire and Emergency
Services Board is substituted for the
Metropolitan Fire Brigades Board as a
party in any proceedings, contract,
10 agreement or arrangement commenced
or made by or against or in relation to
the Metropolitan Fire Brigades Board;
and
(e) the Metropolitan Fire and Emergency
15 Services Board may continue and
complete any other continuing matter
or thing commenced by or against or in
relation to the Metropolitan Fire
Brigades Board.
20 97. Chief Fire Officer
Any act matter or thing of a continuing
nature commenced under this Act as in force
before the commencement of section 60 of
the Fire Authorities (Amendment) Act
25 1997 by the Chief Fire Officer may be
continued and completed on and after that
commencement by the Chief Officer.
98. Transitional--appeals
If--
30 (a) an appeal had been lodged with the
Metropolitan Fire Brigades Appeal
Tribunal under this Act as in force
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before the commencement of section 60
of the Fire Authorities (Amendment)
Act 1997; and
(b) the appeal had not been heard before
5 that commencement--
the Metropolitan Fire and Emergency
Services Appeals Commission may hear and
determine the appeal in accordance with this
Act as in force immediately before that
10 commencement and for that purpose has all
the powers of the Metropolitan Fire Brigades
Appeal Tribunal.".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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