Country Fire Authority Regulations 2014 (Vic)

Version No. 003

Country Fire Authority Regulations 2014

S.R. No. 165/2014

Version incorporating amendments as at

1 October 2024

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Revocation

5Definitions

6Application

Part 2—The Authority

7Common seal

8Authority to regulate its own proceedings

9Meetings

10Minutes

Part 3—Employees

Division 1—Discipline

11Offences

12Penalties

13Investigation

14Laying of a charge

15Notification of hearing

16Chief Executive Officer to conduct hearing

17Chief Officer to conduct hearing

18Hearing of a charge

19Notice of decision

20Employee charged with criminal offence

21Employment and remuneration during period of suspension

Division 2—Appeals to the Commission

22Notice of an appeal

23Procedures

24Notice of determination

25Payment on successful appeal against reduction in rank, classification or salary

26Payment on successful appeal against removal

Part 4—Brigades and groups

Division 1—General

27Application

28Foundation member of brigade

29Decision by majority vote

30Application for registration of brigades

31Application for formation or variation of a group

32Sufficient members and apparatus to remain in brigade area

33Brigade constitutions

34Group constitutions

35Uniforms and equipment

Division 2—Membership

36Applications

37Enrolment of volunteers

38Probationary membership

39Cancellation of enrolment of member on probation

40Resignation

Division 3—Elections of officers of volunteer brigades and groups

41Election of officers

Division 4—Conduct and duties of members

42Physical fitness

43Training

44Offences

45Penalties

46Investigation

47Suspension

48Laying of a charge

49Hearing

50Hearing of a charge

51Notice of decision

52Establishment of Appeal Panel

53Right to appeal

54Setting down appeal

55Appeal conducted as re-hearing

56Conduct of appeal

57Determination and notification etc.

58Member charged with criminal offence

Division 5—Financial management

59Appointment of secretary and treasurer

60Financial records must be kept

61Financial statements to be prepared and submitted to the Authority

62Authorisation to collect money

63Property of the brigade—deregistration

Part 5—Forestry industry brigades

64Responsibilities of a forestry industry brigade

65Designation of areas

66Criteria for formation of forestry industry brigades

67Requirement for formation of forestry industry brigade

68Minimum requirements for apparatus

69Application for registration of a forestry industry brigade

70Operation of a forestry industry brigade

71Training

72Cancellation of forestry industry brigade

73Certain regulations not to apply to forestry industry brigades

Part 6—Compensation

Division 1—Compensation for members

74Definitions

75Entitlement to compensation

76Property loss and damage

77Damages

78Making a claim

79Report by officer in charge

80Some personal injury claims may be lodged with Authority

81Authority may request report by officer in charge

82Transport accident

83Determination of claims

84Entitlement to compensation exists regardless of whether a member is a worker

85Average weekly earnings

86Interim payment for personal injury

86AInterim payment for personal injury that is a mental injury

87Payment of medical expenses

88Medical certificates and examinations

89Duty to advise Authority

90Alteration of weekly payments by request

91Reduction of weekly payments

92Termination of weekly payments

93Procedure for increase, reduction or termination

94Redemption of weekly payments and medical expenses

Division 2—Compensation for casual fire-fighters and volunteer auxiliary workers

95Claims procedure

96Duty of officer in charge

97      Some claims for compensation may be lodged with Authority

98Authority may provide claim to officer in charge or brigade Secretary

99      Authority may request report

Part 7—Fees and charges

100Fire protection charges

101Emergency attendances

102Property protection and loss mitigation services

103Road accident rescue

Part 8—Fire prevention

Division 1—Fire prevention committees

104Election of representatives of groups of brigades on regional fire prevention committees

105Election of representatives of municipal councils to regional fire prevention committees

106Election of brigade representatives to municipal fire prevention committees

107Election of representatives of groups of brigades on municipal fire prevention committees

108Minutes of meetings

Division 2—Permits granted during a fire danger period

109Grant of permits to burn

110Production of permit on demand

Division 3—Fire prevention measures

111High fire risk activities

112Fire prevention notices

113Vehicular heat engines

114Non vehicular heat engines

115Sawmills

Part 9—Alarm monitoring information

116Information in the case of an alarm pre-connection

117Information in the case of an alarm connection

118Information in the case of an alarm modification

119Information in the case of an alarm disconnection

120Information in the case of failure of alarm monitoring system

121Isolation and testing data

122Information for verification purposes

Schedules

Schedule 1—Regulations revoked

Schedule 2—Brigade model rules

Schedule 3

Schedule 4

Schedule 5

Schedule 6—Group model rules

Schedule 7

Schedule 8—Elections of officers of brigades

Schedule 9—Elections of officers of groups

Schedule 10

Schedule 11—Elections—municipal council representatives on regional fire prevention committees

Schedule 12

Schedule 13

Schedule 14

Schedule 15

Schedule 16

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 003

Country Fire Authority Regulations 2014

S.R. No. 165/2014

Version incorporating amendments as at

1 October 2024

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to provide for the following—

(a)the proceedings of the Authority;

(b)the management of officers and employees of the Authority;

(c)the management and administration of fire brigades;

(d)the issue of permits to burn and other fire prevention measures;

(e)the financial arrangements of, and fees and charges levied by, the Authority;

(f)compensation for personal injury and destruction, damage or loss of wearing apparel and personal effects of volunteer members of brigades, members of forestry industry brigades, casual firefighters and volunteer auxiliary workers;

(g)the management and administration of forestry industry brigades;

(h)to set out alarm monitoring information requirements;

(i)other matters authorised by the Act.

2Authorising provision

These Regulations are made under section 110 of the Country Fire Authority Act 1958.

3Commencement

These Regulations come into operation on 1 November 2014.

4Revocation

The Regulations listed in Schedule 1 are revoked.

5Definitions

In these Regulations—

appliance means a firefighting or emergency response vehicle operated by a member or operational employee;

AS 1019 means Australian Standard AS 1019—2000, Internal combustion engines—Spark emission control devices, as in force from time to time;

AS 1687 means Australian Standard AS 1687—1991, Knapsack spray pumps for firefighting, as in force from time to time;

AS/NZS 1841.1 means Australian Standard and New Zealand Standard AS/NZS 1841.1:2007, Portable fire extinguishers, Part 1: General requirements, as in force from time to time;

brigade area means the area of operation designated for a brigade by the Chief Officer under section 27 of the Act;

Commission means the Country Fire Authority Appeals Commission established under section 74A of the Act;

Computer Aided Dispatch system means the Computer Aided Dispatch system operated by the Emergency Services Telecommunications Authority established under the Emergency Services Telecommunications Authority Act 2004;

employee means a person appointed under section 17 of the Act;

financial statements means the accounting records referred to in regulation 60;

forestry industry brigade means an industry brigade in the forestry industry;

group of brigades or group, in relation to brigades, means a group of brigades formed under section 23A of the Act;

hazardous material incident means a hazardous material incident or a toxic fire incident the whole or part of which is not a fire;

memberor member of a brigade, except in Part 6, means a person who is enrolled by the Authority as a volunteer officer or volunteer member of a brigade;

mobile fire-fighting unit means a vehicle suitably equipped for enabling an industry brigade to respond to and fight a fire;

operational employee means an employee of the Authority who is an operational staff member within the meaning of the Emergency Services Superannuation Act 1986;

plantation holdings means land which is used primarily for tree farming or other commercial forestry purposes;

relevant owner, in relation to a forestry industry brigade, has the same meaning as in section 23AA of the Act;

the Act means the Country Fire Authority Act 1958.

6Application

These Regulations apply with respect to the country area of Victoria.

PART 2—THE AUTHORITY

7Common seal

The common seal of the Authority must be kept as directed by the Authority and must not be used except as authorised by the Authority.

8Authority to regulate its own proceedings

Subject to the Act and these Regulations, the Authority may regulate its own proceedings.

9Meetings

(1)The chairperson of the Authority must ensure that written notice of meetings of the Authority is served on each member of the Authority not less than 2 days before the meeting.

(2)The notice of a meeting must specify the date, time and place of the meeting and, in the case of a special meeting, the business to be conducted at the meeting.

10Minutes

The chairperson must ensure that—

(a)a minute book is kept; and

(b)the minute book contains—

(i)minutes of decisions of the Authority and recommendations of committees of the Authority; and

(ii)names of the members of the Authority present at each meeting.

PART 3—EMPLOYEES

Division 1—Discipline

11Offences

An employee, other than the Chief Executive Officer or the Chief Officer, who—

(a)is involved in a contravention of section 20A(2) of the Act by a brigade or group; or

(b)is involved in the contravention of section 26 of the Act by an association of persons; or

(c)contravenes a direction of the Chief Officer given under section 30(1) of the Act; or

(d)commits an act of misconduct; or

(e)is negligent in the discharge of the employee's duties; or

(f)is inefficient or incompetent and the inefficiency or incompetence arises from causes within the employee's control; or

(g)is guilty of disgraceful or improper conduct; or

(h)during the period of the employee's service, is convicted or found guilty of a criminal offence punishable by imprisonment—

is guilty of an offence.

12Penalties

(1)An employee who is guilty of an offence under regulation 11 may be subject to one or more of the following penalties—

(a)an admonition;

(b)a reprimand;

(c)a fine not exceeding $2000;

(d)a reduction in rank not amounting to removal under section 17 of the Act;

(e)a reduction in classification not amounting to removal under section 17 of the Act;

(f)a reduction in salary;

(g)transfer from the employee's position and appointment to another position with the Authority for a specified period or without a period being specified;

(h)suspension;

(i)removal under section 17 of the Act.

(2)If a fine is imposed under this regulation, the Authority may deduct the amount of the fine from the pay of the employee fined, but the maximum amount that may be deducted in respect of each week must not exceed $50.

13Investigation

(1)The Chief Executive Officer or the Chief Officer may appoint an employee or other person as an investigator to gather information concerning the circumstances which may have given rise to an offence under regulation 11.

(2)Without limiting subregulation (1), the investigator must, as soon as practicable after commencing an investigation, give a written report on the circumstances to the person responsible for determining whether a charge should be laid in relation to those circumstances.

14Laying of a charge

(1)A senior employee, other than the Chief Executive Officer or the Chief Officer, may lay a charge for an offence under regulation 11.

(2)A charge for an offence must be laid against an employee within the prescribed period after the day on which the written investigation report is given under regulation 13(2).

(3)The senior employee who lays the charge must give to the employee charged a copy of the charge setting out the circumstances of the alleged offence.

(4)In subregulation (2), prescribed period means—

(a)30 days; or

(b)any other period not exceeding 60 days that the Chief Executive Officer or Chief Officer determines.

15Notification of hearing

Not less than 21 days before the day set for the hearing of a charge, the Authority must give written notice of the time, date and place of the hearing to the employee charged.

16Chief Executive Officer to conduct hearing

If a charge is laid against an employee (other than an operational employee) the Chief Executive Officer—

(a)may suspend the employee charged until the charge is dealt with under these Regulations; and

(b)must hear the charge (unless the Chief Executive Officer decides to dismiss the charge without a hearing) and—

(i)dismiss the charge; or

(ii)find the charge proven and impose one or more of the penalties referred to in regulation 12.

17Chief Officer to conduct hearing

If a charge is laid against an operational employee the Chief Officer—

(a)may suspend the employee charged until the charge is dealt with under these Regulations; and

(b)must hear the charge (unless the Chief Officer decides to dismiss the charge without a hearing) and—

(i)dismiss the charge; or

(ii)find the charge proven and impose one or more of the penalties referred to in regulation 12.

18Hearing of a charge

(1)At the hearing of a charge, the person charged may be—

(a)self-represented; or

(b)represented by another person.

(2)The person charged may call, examine and cross-examine witnesses and make submissions.

(3)The person hearing the charge is not bound by the rules of evidence and must be informed by the best evidence available.

(4)The person hearing the charge must—

(a)ensure procedural fairness; and

(b)in making a decision, have regard to the interests of justice and fairness.

(5)Subject to these Regulations, the person hearing the charge may conduct the hearing in any manner he or she reasonably thinks fit.

(6)The person hearing the charge may adjourn a hearing if he or she considers it necessary.

(7)The Authority must not discriminate against a person on the basis of evidence given by the person at the hearing of a charge.

(8)Subregulation (7) does not prevent—

(a)a charge being laid as a result of the person's evidence and the Chief Officer or Chief Executive Officer from hearing the charge in accordance with this Division; or

(b)the Authority taking legal proceedings or assisting in prosecutions or legal proceedings commenced by another person as a result of that evidence.

19Notice of decision

The person hearing a charge must, within 14 days after making a decision under regulation 16(b) or 17(b), give to the person charged written notice of the decision, including any penalty imposed.

20Employee charged with criminal offence

An employee who has been charged with an offence punishable by a term of imprisonment may be suspended from duty by the Authority until the charge has been determined.

21Employment and remuneration during period of suspension

(1)An employee who has been suspended from duty under regulation 16(a), 17(a) or 20, may engage in remunerative employment, other than with the Authority, during the term of suspension.

(2)All remuneration accruing to an employee in respect of the position from which the employee is suspended during any period of suspension must be withheld by the Authority unless the Chief Executive Officer or the Commission orders otherwise.

(3)If the charge in respect of which an employee has been suspended is dismissed, all remuneration withheld under subregulation (2) must be paid to the employee.

(4)If the charge in respect of which an employee has been suspended is found proven, all remuneration withheld in accordance with subregulation (2) is forfeited to the Authority unless the Chief Executive Officer or the Commission orders otherwise.

Division 2—Appeals to the Commission

22Notice of an appeal

(1)Subject to subregulation (2), a person wishing to appeal under Part VA of the Act must—

(a)lodge a written notice of appeal with the Commission not later than 21 days after the person is given notice of the matter against which the notice of appeal is lodged; and

(b)give a copy of the notice of appeal to the Authority.

(2)An application for a remedy for unfair dismissal within the meaning of the Commonwealth Act may be made in accordance with the Commonwealth Act.

23Procedures

The Commission must ensure that the Authority and the appellant receive not less than 14 days written notice of the time, date and place at which the hearing of an appeal will take place.

24Notice of determination

After determining an appeal, the Commission must give written notice of its determination to the Authority and the appellant.

25Payment on successful appeal against reduction in rank, classification or salary

(1)This regulation applies if—

(a)an employee appeals to the Commission under section 74I(b) of the Act against a reduction in rank, classification or salary; and

(b)the Commission—

(i)allows the appeal; or

(ii)dismisses the appeal and varies the penalty so that the employee is not subject to a reduction in rank, classification or salary, or is subject to a lesser reduction in rank, classification or salary.

(2)The Authority must pay the employee an amount of money which is equivalent to the difference between the remuneration the employee would have received if the decision of the Commission had been made by the Chief Executive Officer under regulation 16 or by the Chief Officer under regulation 17 and the remuneration actually received by the employee from the Authority in respect of the period since the reduction in rank, classification or salary.

26Payment on successful appeal against removal

(1)This regulation applies if—

(a)an employee appeals to the Commission under section 74I(b) of the Act against removal; and

(b)the Commission—

(i)allows the appeal; or

(ii)dismisses the appeal and varies the penalty so that the employee is subject to a reduction in rank, classification or salary in comparison with the employee's rank, classification or salary at the time the charge was laid.

(2)The Authority must pay the employee an amount of money that is equivalent to the amount of money that the employee would have received if the decision of the Commission had been made by the Chief Executive Officer under regulation 16 or by the Chief Officer under regulation 17.

PART 4—BRIGADES AND GROUPS

Division 1—General

27Application

This Part does not apply to industry brigades created under section 23AA of the Act.

28Foundation member of brigade

The requirements set out in rule 4(2) of Schedule 2 apply to each person who seeks enrolment as a foundation member of a newly formed brigade.

29Decision by majority vote

A decision of a brigade or group, whether described as a recommendation, acceptance, advice, determination, appointment or otherwise, must be determined by a majority of persons present and eligible to vote at a properly constituted meeting of the brigade or group.

30Application for registration of brigades

(1)If it is proposed to apply to the Authority for registration of a brigade—

(a)a public meeting must be held to consider the establishment of a brigade; and

(b)a majority of those present must carry a resolution to apply for the registration of a brigade and the enrolment of proposed officers and members of that brigade.

(2)An application for registration of a brigade must be made to the Authority in the form set out in Schedule 3.

31Application for formation or variation of a group

(1)A group of brigades must be formed in accordance with rule 23 in Schedule 2.

(2)An application to the Authority for approval of the formation of a group must be in the form set out in Schedule 4.

(3)An application to the Authority for approval of the variation of the composition of a group must be in the form set out in Schedule 5.

32Sufficient members and apparatus to remain in brigade area

The officer in charge of a brigade may authorise specified members and apparatus to leave the brigade area for the purpose of attending a fire if members and apparatus sufficient to protect life and property in the brigade area remain in the brigade area.

33Brigade constitutions

(1)A brigade may, with the approval of the Authority—

(a)adopt rules to govern the internal working and administration of the brigade; and

(b)amend those rules.

(2)A rule adopted or amended under subregulation (1) must not be inconsistent with the Act or these Regulations.

(3)If a brigade has not adopted any rules under subregulation (1), the rules set out in Schedule 2 apply to the brigade.

34Group constitutions

(1)A group of brigades may, with the approval of the Authority—

(a)adopt rules to govern the internal working and administration of the group of brigades; and

(b)amend those rules.

(2)A rule adopted or amended under subregulation (1) must not be inconsistent with the Act or these Regulations.

(3)If a group of brigades has not adopted any rules under subregulation (1), the rules set out in Schedule 6 apply to the group.

35Uniforms and equipment

(1)A member of a brigade who is in possession of a uniform and has served as a member of one or more brigades for an aggregate of 20 years or more may retain the uniform on leaving or retiring from the brigade.

(2)Subject to subregulation (1), a member of a brigade who is in possession of a uniform or equipment belonging to the Authority must return the uniform or equipment to the Authority on leaving or retiring from the brigade.

Division 2—Membership

36Applications

(1)This regulation applies to applications—

(a)for enrolment as a member of a brigade; or

(b)to transfer membership from one brigade to another brigade; or

(c)by a junior member to join a brigade as a senior member.

(2)An application must be in the form set out in Schedule 7 and be submitted to the relevant brigade.

(3)For the purposes of subregulation (2), in the case of an application referred to in subregulation (1)(b), the relevant brigade is the brigade to which the member is seeking to transfer.

(4)An application to join a brigade as a member under the age of 18 (whether as a junior member or otherwise) must be accompanied by the written consent of a parent or guardian of the applicant.

(5)If the brigade approves an application, the brigade must apply to the Authority to enrol the applicant in accordance with the application.

(6)The Authority may waive the requirement in rule 4(2)(b) of Schedule 2 in relation to senior membership of a brigade if it considers that special circumstances exist.

37Enrolment of volunteers

(1)A person is not a member of a brigade unless the person is enrolled by the Authority as a member of the brigade.

(2)The Authority may enrol a person for duties specified by the Chief Officer if the Authority considers that the person is not physically capable of performing all the duties of a member without endangering the safety of others, but is capable of performing the duties specified by the Chief Officer.

(3)The Authority may, in respect of a person who is enrolled as a member of a brigade, limit the duties for which the person is enrolled to those specified by the Chief Officer if the Authority considers that the person has become physically incapable of performing all the duties of a member without endangering the safety of others, but is capable of performing the duties specified by the Chief Officer.

(4)The Authority may refuse to enrol a person as a member of a brigade if the Authority—

(a)requires the person to undergo a medical examination and the person fails the examination or refuses to take the examination; or

(b)considers that the person is not a fit and proper person to be a member of the brigade; or

(c)is satisfied that some other reasonable ground exists to refuse enrolment.

38Probationary membership

(1)Unless the Authority otherwise determines, the enrolment by the Authority of a person as a member of a brigade will first be for a probation period of 6 months.

(2)A person transferring from one brigade to another brigade, who is not on probation as a member of the first mentioned brigade, may apply to the Authority to waive the period of probation referred to in subregulation (1).

(3)The Authority may vary the probation period before the expiry of the probation period.

39Cancellation of enrolment of member on probation

The Authority may cancel the enrolment of a member on probation if the Authority receives advice from the brigade, not less than 7 days before the expiry of the probation period, that the member is not a fit and proper person to be a member.

40Resignation

(1)A member of a brigade who wishes to resign from the brigade must notify the secretary of the brigade in writing.

(2)The secretary of a brigade who receives notification of the resignation of a member of the brigade must notify the Authority.

Division 3—Elections of officers of volunteer brigades and groups

41Election of officers

(1)For the purposes of section 25(1) of the Act—

(a)the prescribed manner for election of officers of a volunteer brigade is set out in Schedule 8; and

(b)the prescribed period of office of those officers is set out in clauses 4 and 5 of Schedule 8.

(2)For the purposes of section 25(1) of the Act—

(a)the prescribed manner for election of group officers of a group of brigades is set out in Schedule 9; and

(b)the prescribed period of office of those group officers is set out in clauses 4 and 5 of Schedule 9.

Division 4—Conduct and duties of members

42Physical fitness

(1)The Chief Officer may, from time to time, require a member to undergo a medical examination or test to determine—

(a)the member's physical fitness; or

(b)the physical ability of a member to perform tasks in relation to which the member is, or is to be, enrolled.

(2)A medical examination or test under subregulation (1) is to be conducted—

(a)by a person specified by the Chief Officer; and

(b)in relation to the brigade duties specified by the Chief Officer; and

(c)at the Authority's expense.

(3)If a member unreasonably fails—

(a)to undergo the medical examination or test as directed by the Chief Officer; or

(b)to submit to the Chief Officer a medical certificate in relation to the examination or test—

the Chief Officer may suspend a member from the member's brigade until the examination or test is undergone or the medical certificate is submitted.

(4)If a member knows, or becomes aware, of a matter which would significantly affect the member's capacity to perform the duties of a member in respect of which the member is enrolled, the member must, as soon as practicable, advise the Chief Officer of the matter.

(5)The failure of a member to comply with subregulation (4) does not disqualify the member from receiving compensation under these Regulations.

43Training

A member must comply with the training requirements determined by the Authority.

44Offences

A member of a brigade is guilty of an offence if the member—

(a)is involved in a contravention of section 20A(2) of the Act by a brigade or group; or

(b)is involved in the contravention of section 26 of the Act by an association of persons; or

(c)contravenes a direction of the Chief Officer given under section 30(1) of the Act; or

(d)commits an act of misconduct; or

(e)is negligent in the discharge of the member's duties; or

(f)is inefficient or incompetent and the inefficiency or incompetence arises from causes within the member's control; or

(g)is guilty of disgraceful or improper conduct.

45Penalties

A member who is guilty of an offence under regulation 44 may be subject to one or more of the following penalties—

(a)an admonition;

(b)a reprimand;

(c)a reduction in rank;

(d)a reduction in classification;

(e)removal from an office in a brigade to which the member was elected or appointed and appointment to another office in the brigade;

(f)suspension of membership of the brigade for a specified period;

(g)a recommendation to the Authority that the enrolment of the member be cancelled.

46Investigation

(1)The Chief Officer may appoint an employee or other person as an investigator to gather information concerning the circumstances which may have given rise to an offence under regulation 44.

(2)Without limiting subregulation (1), an investigator must, as soon as practicable after commencing an investigation, give a written report on the circumstances to the person responsible for determining whether a charge should be laid in relation to those circumstances.

47Suspension

(1)At any time before the Chief Officer has caused an investigation to be conducted under regulation 46(1), the Chief Officer or an officer of the Authority nominated by the Chief Officer for the purpose may suspend the member from the member's brigade until the investigation report concerning the member has been given under regulation 46(2).

(2)At any time after the Chief Officer has caused an investigation to be conducted under regulation 46(1), an officer of the Authority nominated by the Chief Officer for the purpose may suspend the member from the member's brigade until—

(a)the time for the laying of a charge under regulation 48(2) has expired; or

(b)if a charge is laid, the charge has been dismissed or found proven in accordance with regulation 49(3); or

(c)if an appeal has been made to the Appeal  Panel, the chairperson of the Authority has given the appellant written notice of the Appeal Panel's determination.

48Laying of a charge

(1)The officer in charge of a brigade or an officer of the Authority nominated for the purpose by the Chief Officer may lay a charge for an offence under regulation 44.

(2)A charge for an offence must be laid against a member within the prescribed period after the day on which the written investigation report is given under regulation 46(2).

(3)The officer who lays the charge must give to the member charged a copy of the charge setting out the circumstances of the alleged offence.

(4)In subregulation (2), prescribed period means—

(a)30 days; or

(b)any other period not exceeding 60 days that the Chief Officer determines.

49Hearing

(1)The Chief Officer must, not less than 21 days before the day set for the hearing of a charge, give written notice of the time, date and place of the hearing to—

(a)the member charged; and

(b)the officer who laid the charge.

(2)The officer who laid the charge must, not less than 14 days before the day set for the hearing of the charge, ensure that a copy of the investigation report given under regulation 46(2) is delivered to both the member charged and the Chief Officer.

(3)The Chief Officer must hear the charge (unless the Chief Officer decides to dismiss the charge without a hearing) and—

(a)dismiss the charge; or

(b)find the charge proven and impose one or more of the penalties referred to in regulation 45.

50Hearing of a charge

(1)At the hearing of a charge the person charged may be—

(a)self-represented; or

(b)represented by another person.

(2)The member charged may call, examine and cross-examine witnesses and make submissions.

(3)The Chief Officer is not bound by the rules of evidence and must be informed by the best evidence available.

(4)The Chief Officer must—

(a)ensure procedural fairness; and

(b)in making a decision, have regard to the interests of justice and fairness.

(5)Subject to these Regulations, the Chief Officer may conduct the hearing in any manner the Chief Officer reasonably thinks fit.

(6)The Chief Officer may adjourn a hearing if the Chief Officer considers it necessary.

(7)The Chief Officer must not discriminate against a person on the basis of evidence given by the person at the hearing of a charge or at an appeal under this Division.

(8)Subregulation (7) does not prevent—

(a)a charge being laid as a result of the person's evidence and the Chief Officer from hearing the charge in accordance with this Division; or

(b)the Authority taking legal proceedings or assisting in prosecutions or legal proceedings commenced by another person as a result of that evidence.

51Notice of decision

The Chief Officer must, within 14 days after making a decision under regulation 49(3), give to the member charged written notice of the decision, including any penalty imposed.

52Establishment of Appeal Panel

For the purposes of this Division there is established an Appeal Panel constituted by—

(a)the chairperson of the Authority; and

(b)a member of the Authority nominated by the chairperson of the Authority; and

(c)a person nominated by Volunteer Fire Brigades Victoria Inc.

53Right to appeal

(1)A member may appeal to the Appeal Panel against a decision of the Chief Officer or a penalty imposed by the Chief Officer, or both, under regulation 49(3).

(2)Notice of an appeal to the Appeal Panel must be—

(a)in writing; and

(b)lodged with the chairperson of the Authority not later than 14 days after the member has been given notice of the decision of the Chief Officer under regulation 51.

54Setting down appeal

The Appeal Panel—

(a)may, from time to time, determine the time and place at which appeals are to be heard; and

(b)must ensure that, in respect of each appeal, the Chief Officer and the appellant receive not less than 14 days written notice of the time, date and place at which the hearing of the appeal will take place.

55Appeal conducted as re-hearing

An appeal to the Appeal Panel is to be by way of a re-hearing.

56Conduct of appeal

(1)At a hearing of an appeal, the appellant may be—

(a)self-represented; or

(b)represented by another person.

(2)The appellant may call, examine and cross-examine witnesses and make submissions.

(3)The Appeal Panel is not bound by the rules of evidence and must be informed by the best evidence available.

(4)The Appeal Panel must—

(a)ensure procedural fairness; and

(b)in making a decision, have regard to the interests of justice and fairness.

(5)Subject to these Regulations, the Appeal Panel may conduct the hearing in any manner it reasonably thinks fit.

(6)The Appeal Panel may adjourn the hearing of an appeal if it considers it necessary.

57Determination and notification etc.

(1)On the hearing of an appeal under this Division, the Appeal Panel—

(a)must set aside the order of the Chief Officer; and

(b)may make any order which the Appeal Panel thinks just and which the Chief Officer made or could have made; and

(c)may exercise any power which the Chief Officer exercised or could have exercised.

(2)The chairperson of the Authority must, within 14 days after the making of the determination, give written notice to the appellant of the Appeal Panel's determination.

58Member charged with criminal offence

A member who has been charged with an offence punishable by a term of imprisonment may be suspended from membership of the brigade by the Authority until the charge has been determined.

Division 5—Financial management

59Appointment of secretary and treasurer

(1)Subject to subregulation (2), a brigade—

(a)must appoint a secretary; and

(b)may appoint a treasurer.

(2)The secretary and the treasurer, if one is appointed, of a brigade must be a member of that or another brigade.

(3)Subject to subregulation (4), a group of brigades—

(a)must appoint a secretary; and

(b)may appoint a treasurer.

(4)The secretary and treasurer, if one is appointed, of a group of brigades must be a member of one of the brigades in the group of brigades.

60Financial records must be kept

The secretary of a brigade or group, or if the brigade or group has a treasurer, the treasurer of the brigade or group, must ensure that proper accounts and records of the financial transactions, affairs and assets of the brigade or group are kept.

61Financial statements to be prepared and submitted to the Authority

(1)As soon as practicable after the end of each financial year, the secretary of a brigade or group or, if the brigade or group has a treasurer, the treasurer must prepare financial statements that show the financial operations and financial position of the brigade or group for that year, and submit the financial statements to the Authority—

(a)not later than 1 August next after the end of the financial year; or

(b)if the Authority specifies any other date in relation to a brigade or group, not later than that date.

(2)The Authority must give at least 28 days written notice of a date specified under subregulation (1)(b).

(3)Financial statements submitted under subregulation (1) must be in the form specified by the Authority.

62Authorisation to collect money

For the purposes of section 102 of the Act—

(a)an authority to collect contributions or subscriptions for the purposes of any brigade, group or association must be in the form set out in Schedule 10; and

(b)the prescribed condition is compliance with all laws relevant to any activities associated with the collection of contributions or subscriptions.

63Property of the brigade—deregistration

If the registration of a brigade is cancelled by the Authority—

(a)subject to paragraph (b), any personal property vested in a person on behalf of a brigade or a group of brigades must be distributed as determined by the Authority after consultation with the brigade; and

(b)any property referred to in paragraph (a) must not be distributed among the members of the brigade.

PART 5—FORESTRY INDUSTRY BRIGADES

64Responsibilities of a forestry industry brigade

A forestry industry brigade is responsible only for fire suppression on the plantation holdings of the relevant owner or group of relevant owners who formed the brigade.

65Designation of areas

(1)In designating an area for the formation of a forestry industry brigade, the Authority must—

(a)identify an area, within a radius of 25 kilometres of a central point determined by the Authority, with one or more plantation holdings amounting to an aggregate of not less than 500 hectares—

(i)located wholly or partially within the area; or

(ii)contiguous with plantation holdings located wholly or partially within the area; and

(b)ensure that the designated area consists of—

(i)any plantation holding referred to in paragraph (a); and

(ii)any plantation holding located elsewhere in Victoria the relevant owner of which is a relevant owner of a plantation holding referred to in paragraph (a) and which does not fall within the designated area for another forestry industry brigade.

(2)Before designating an area for the formation of a forestry industry brigade, the Authority must consider the following matters—

(a)the size, location, topography, number and dispersion of the plantation holdings that will form the designated area;

(b)the characteristics of the area, including—

(i)the location of roads; and

(ii)the existing capacity for the suppression of fires; and

(iii)the past incidence of fire; and

(iv)the risk posed by fire to plantation holdings and the community.

(3)Before designating an area for the formation of a forestry industry brigade, the Authority must consult with a committee appointed by the Minister on the proposal to designate the area and the matters set out in subregulation (2).

(4)The committee must consist of—

(a)at least one person experienced in the forestry industry; and

(b)at least one person experienced in fire-fighting in rural Victoria; and

(c)the Secretary to the Department of Justice or that Secretary's nominee.

(5)At least 30 days before designating an area for the formation of a forestry industry brigade, the Authority must give all relevant owners of land in the area a notice—

(a)specifying the reasons for the decision to designate the area; and

(b)identifying in a map form the area to be designated.

(6)The Authority must keep a register of designated areas for forestry industry brigades available for public inspection during business hours at its head office.

(7)The Authority may vary the designated area of a forestry industry brigade after consulting with the relevant owner or group of relevant owners.

66Criteria for formation of forestry industry brigades

(1)The Authority must have regard to the criteria under this regulation in determining whether to require a relevant owner or group of relevant owners to form a forestry industry brigade for a designated area.

(2)If the aggregate plantation holdings of a relevant owner or group of relevant owners in the designated area are 10 000 hectares or more, the Authority must be satisfied that there is no other forestry industry brigade in another designated area that is able and willing to provide adequate services for the suppression of fires and the saving of life at fires in the designated area.

(3)If the aggregate plantation holdings of a relevant owner or group of relevant owners in the designated area are less than 10 000 hectares, the Authority must be satisfied that—

(a)the aggregate plantation holdings of the relevant owner or group of relevant owners are 500 hectares or more; and

(b)there is no other forestry industry brigade in another designated area that is able and willing to provide adequate services for the suppression of fires in the designated area; and

(c)the formation of the forestry industry brigade is appropriate having regard to the following—

(i)the adequacy of existing fire detection systems;

(ii)the first attack capability of the proposed brigade;

(iii)the apparatus available for undertaking the responsibilities of a forestry industry brigade;

(iv)the availability of competent persons to become members of the brigade;

(v)the fire suppression capacity of any other brigade in the designated area;

(vi)the fire hazard characteristics of the designated area.

67Requirement for formation of forestry industry brigade

(1)A requirement by the Authority under section 23AA(2) of the Act must—

(a)be in writing; and

(b)state the reasons why the requirement to form the brigade has been made; and

(c)identify the officers and members which the Authority has determined are to be provided for the brigade at the expense of the relevant owner or group of relevant owners; and

(d)identify the apparatus for undertaking the responsibilities of the forestry industry brigade, which the Authority has determined is to be provided for the brigade at the expense of the relevant owner or group of relevant owners; and

(e)state the Authority's operational and administrative requirements of the relevant owner or group of relevant owners; and

(f)state that the relevant owner or group of relevant owners must apply to the Authority for registration of the forestry industry brigade; and

(g)state that the relevant owner or group of relevant owners may apply to the Victorian Civil and Administrative Tribunal under section 23AA(4) of the Act for review of the requirement to form the brigade.

(2)The Authority must consult with the relevant owner or group of relevant owners before determining the officers, members and apparatus to be provided for the forestry industry brigade.

(3)A requirement under section 23AA(2) of the Act must be given to the relevant owner or each relevant owner in the group of relevant owners to whom the requirement is directed.

68Minimum requirements for apparatus

(1)The minimum requirement for apparatus for a forestry industry brigade to be determined by the Authority under section 23AA of the Act is, in relation to a relevant owner to whom regulation 66(2) applies, one mobile fire-fighting unit that—

(a)is capable of traversing all roads and tracks in the designated area; and

(b)has a minimum water carrying capacity of 2500 litres; and

(c)is equipped with at least 30 metres of 19 millimetre hose connected to a fire-fighting nozzle and a pump of at least 5 horsepower.

(2)The minimum requirement for apparatus for a forestry industry brigade to be determined by the Authority under section 23AA of the Act is, in relation to a relevant owner or group of owners to whom regulation 66(3) applies, one or more mobile fire-fighting units that—

(a)are capable of traversing all roads and tracks in the designated area; and

(b)have a minimum aggregate water carrying capacity of 800 litres; and

(c)are equipped with at least 30 metres of 19 millimetre hose connected to a fire-fighting nozzle and a pump of at least 5 horsepower.

(3)In relation to a relevant owner or group of owners to whom regulation 66(3) applies, in determining the apparatus to be provided under section 23AA of the Act, the Authority must have regard to—

(a)the minimum requirements set out in subregulations (1) and (2), as applicable; and

(b)the size of the designated area; and

(c)the criteria set out in regulation 66(3)(c).

69Application for registration of a forestry industry brigade

An application under section 23AA(2)(b) of the Act for the registration of a forestry industry brigade must provide the following information—

(a)the name of the person engaged or employed by a relevant owner who is proposed for appointment as the officer in charge of the forestry industry brigade;

(b)the names of the persons engaged or employed by the relevant owner or group of relevant owners who are proposed for appointment as officers and members of the forestry industry brigade;

(c)a list of the apparatus to be used by the brigade for undertaking the responsibilities of the forestry industry brigade.

70Operation of a forestry industry brigade

(1)The relevant owner, or the group of relevant owners, in relation to a forestry industry brigade—

(a)is responsible for the operation and command of the forestry industry brigade in relation to the designated area; and

(b)must ensure that all apparatus and equipment of the forestry industry brigade is maintained in operational order; and

(c)may respond to calls to assist other brigades attending fires outside the designated area for which the forestry industry brigade is responsible.

Notes

1. Section 42(4) of the Act allows forestry industry brigades to assist other brigades in carrying out fire prevention and other work subject to the general direction of the Authority and Chief Officer.

2. Section 93B(1B) of the Act enables forestry industry brigades, in specified circumstances, to assist the Authority, a group of brigades or any brigade in the prevention or suppression of a fire or the protection of life and property outside the country area of Victoria, subject to the direction and control of the person or body having authority in that place.

(2)If a fire is detected in part of the designated area for which a forestry industry brigade is responsible, the officer in charge of the brigade must ensure that—

(a)regular situation reports of fire suppression activities by the brigade are provided to the Chief Officer; and

(b)a fire incident report in a form approved by the Authority and containing any additional information that is requested by the Authority is given to the Authority in the manner required by the Authority at the conclusion of the fire incident.

71Training

(1)The minimum training requirements for officers and members of forestry industry brigades are the training requirements determined by the Authority under regulation 43 for members operating in forest areas.

(2)An officer or member of a forestry industry brigade must comply with the training requirements applicable to that officer or member.

72Cancellation of forestry industry brigade

If the Authority decides to cancel the registration of a forestry industry brigade, it must notify the relevant owner or the group of relevant owners of the decision, the reasons for the decision and the date from which the decision takes effect.

73Certain regulations not to apply to forestry industry brigades

Parts 3 and 4 do not apply to forestry industry brigades, except where otherwise specified in this Part.

PART 6—COMPENSATION

Division 1—Compensation for members

74Definitions

In this Division—

compensation includes compensation for losses referred to in regulation 75(1)(b) but does not include damages for personal injury;

current work capacity, in relation to a member, means a present inability arising from an injury such that the member is not able to return to the member's pre-injury employment but is able to return to work in suitable employment;

dependantmeans—

(a)a person who at the time of the death of a member was wholly, mainly or partly dependant on the earnings of the member; or

(b)a person who would, but for the incapacity of a member due to the injury, have been wholly, mainly or partly dependent on the earrings of the member;

family member, in relation to a person, means—

(a)a spouse, domestic partner, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, step-brother or step-sister of that person; or

(b)any person who stands in the place of a parent in relation to that person;

medical and like expenses means––

(a)reasonable costs of the medical, hospital, nursing, personal and household, rehabilitation and ambulance services received by a member because of the personal injury; and

(b)if death results from the personal injury, the reasonable costs incurred of family counselling services provided to the family members and dependants of the deceased member by a medical practitioner or registered psychologist and the reasonable costs of burial or cremation of the member;

membermeans a volunteer officer, a member of a brigade, an officer or member of a forestry industry brigade or a person not formally enrolled as a member of a brigade but who has applied for membership and is performing the duties performed by a member of a brigade;

motor car, motor vehicle, railway train and tram have the same meaning as in section 3 of the Transport Accident Act 1986;

no current work capacity, in relation to a member, means a present inability arising from an injury such that the member is not able to return to work, either in the member's pre-injury employment or suitable employment;

notional current weekly earnings in relation to a member means the weekly earnings the Authority determines the member could earn from time to time (including, but not limited to, the amount of any current weekly earnings) in employment being the member's employment before the injury or in suitable employment, that the Authority determines the member is capable of performing despite the injury;

personal effects does not include money;

personal injury means physical or mental injury and includes a disease or death;

senior officer means the Chief Officer, an officer in charge of a brigade or group of brigades or an officer authorised by the Chief Officer to be a senior officer for the purposes of this Division;

serious injury means an injury to a member in respect of which the member's degree of impairment is 30% or more when assessed in accordance with—

(a)the American Medical Association's Guides to the Evaluation of Permanent Impairment (Fourth Edition)(other than chapter 15); or

(b)the Guide to the Evaluation of Psychiatric Impairment for Clinicians—

as amended, varied or substituted from time to time under the Workplace Injury Rehabilitation and Compensation Act 2013;

service as a member—

(a)means—

(i)an attendance at a fire or an alarm of fire in respect of which a fire and incident report has been made to the Authority; or

(ii)an attendance at an incident under section 20A, 97, 97A or 97B of the Act or an activity performed under section 97C of the Act in respect of which a fire and incident report has been made to the Authority; or

(iii)participation in, or preparation for, a fire brigade practice or training carried out with the consent of a senior officer; or

(iv)carrying out duties or exercising powers under the Act or these Regulations; or

(v)carrying out routine fire brigade duties, including building or maintenance at a fire station or other Authority premises by the order or with the consent of a senior officer; or

(vi)participation in, or preparation for, a fire brigade competition held under section 103 of the Act (whether as a competitor, official or organiser); or

(vii)attendance at a properly constituted meeting of a body or an official organ of a body established under this Act (other than the Authority), or at a meeting, recognised by the Authority, of members of that body; or

(viii)participation in, or preparation for, an activity designed to assist the community or any brigade or group of brigades, if the activity is approved by a properly constituted meeting of the brigade or group conducted in accordance with the rules of the brigade or group; and

(b)includes travelling to and from the performance of a service referred to in paragraph (a); and

(c)in the case of a member of a forestry industry brigade, subject to paragraph (d), includes—

(i)the services referred to in paragraph (a) if those services are performed under the command and control of the Chief Officer; and

(ii)any service performed under section 42 or section 93B of the Act; and

(iii)travelling to and from the performance of the services referred to in subparagraphs (i) and (ii); and

(d)in relation to a forestry industry brigade member performing a service referred to in paragraph (c), excludes any service, or travel to or from the performance of that service, within the designated area of the forestry industry brigade;

suitable employment, in relation to a member, means employment in work for which the member is currently suited—

(a)having regard to the following—

(i)the nature of the member's incapacity and the details provided in medical information including, but not limited to, the medical certificate supplied by the member in accordance with regulation 78;

(ii)the member's age, education, skills and work experience;

(iii)the member's place of residence;

(iv)any plan or document prepared as part of the return to work process;

(v)any occupational rehabilitation services that are being, or have been, provided to the member; and

(b)regardless of whether—

(i)the work or the employment is available; and

(ii)the work or the employment is of a type that is generally available in the employment market;

transport accident means an incident directly caused by the driving of a motor car or motor vehicle, a railway train or a tram.

75Entitlement to compensation

(1)If a member, in the course of, or arising out of, performing service as a member—

(a)suffers a personal injury; or

(b)suffers destruction, damage or loss of—

(i)wearing apparel or personal effects worn while performing the service; or

(ii)a motor vehicle, equipment or property (other than aircraft) owned by, or in the possession of, the member and used in the performance of the service—

the member is entitled to compensation.

(2)If a member suffers a personal injury in the course of, or arising out of, performing service as a member which results in, or materially contributes to, the member's death, the family members and dependants of the member are entitled to compensation under this Division.

76Property loss and damage

(1)The amount of compensation payable in respect of destruction, damage or loss of wearing apparel, personal effects, a motor vehicle, equipment, or other property, is the amount the Authority considers reasonable for the indemnification for the destruction, damage or loss.

(2)Despite subregulation (1)—

(a)the amount of compensation payable in respect of destruction, damage or loss of wearing apparel or personal effects must not exceed an amount determined by the Authority from time to time; and

(b)if the member is entitled to reimbursement under any policy of insurance or from any other source, the amount of compensation payable under this regulation is an amount equivalent to any financial loss, related to the destruction, damage or loss, which remains after that reimbursement and is determined reasonable by the Authority.

77Damages

(1)If, in respect of a personal injury—

(a)compensation is paid under this Division; and

(b)an award of damages or compensation is paid by or on behalf of, or a compromise or settlement is reached with,  a person or body other than the Authority––

the member or person to whom the compensation is paid must pay to the Authority an amount equal to––

(c)if the amount paid under the award, compromise or settlement exceeds the amount of compensation paid under this Division, the total amount of compensation received under this Division; or

(d)if the amount paid under the award, compromise or settlement is equal to or less than the amount of compensation paid under this Division, the proportion of the amount of compensation received under this Division (including medical and like expenses paid by the Authority) that is determined by the Authority.

(2)The Authority may recover money payable to the Authority under subregulation (1) in a court of competent jurisdiction as a debt due to the Authority.

(3)If, in respect of a personal injury—

(a)compensation is payable under this Division; and

(b)an award of damages or compensation is paid by or on behalf of, or a compromise or settlement is reached with, a person or body other than the Authority—

the entitlement under this Division of the member or the person to whom compensation is payable is to be reduced by an amount equal to the amount paid under the award, compromise or settlement paid to the member or person.

(4)If, in respect of a personal injury—

(a)compensation is payable under these Regulations; and

(b)an award of damages is paid by or on behalf of the Authority––

then the following apply in respect of that personal injury—

(c)there is no entitlement to compensation under this Division in respect of that personal injury;

(d)if any amount has been paid in compensation under these Regulations before the award of damages, an amount equal to the amount paid in compensation must be deducted from the amount of damages recoverable from the Authority.

(5)This regulation does not apply to a compromise or settlement reached in respect of a personal injury sustained before 1 July 2014.

78Making a claim

(1)A claim must—

(a)be in the form approved by the Victorian WorkCover Authority for the purposes of—

(i)for a claim relating to injuries sustained before 1 July 2014, the Accident Compensation Act 1985; or

(ii)for a claim relating to injuries sustained on or after 1 July 2014, the Workplace Injury Rehabilitation and Compensation Act 2013; and

(b)in the case of a claim for destruction, damage or loss of personal property, include an estimate of the cost of the destruction, damage or loss; and

(c)in the case of a claim for personal injury—

(i)be in a form approved by the Authority; and

(ii)if a claim for loss of income is made, be accompanied by––

(A)a medical certificate in the form required by subregulation (2) in respect of a period of incapacity not exceeding 28 days; and

(B)proof of loss of earnings, including but not limited to taxation returns, profit and loss statements, PAYG pay assessments, statements from an employer or the member's accountant; and

(iii)if the personal injury arose out of a transport accident, be accompanied by the police report required by regulation 82; and

(iv)in respect of the death of a member, be accompanied by a copy of the death certificate.

(2)A medical certificate must—

(a)be in the form approved by the Victorian WorkCover Authority for the purposes of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case may be; and

(b)be issued by a medical practitioner; and

(c)specify the expected duration of the member's incapacity and whether the member has a current work capacity or has no current work capacity during the period, not exceeding 28 days, stated in the certificate.

(3)Despite subregulation (2)(c), the Authority may accept a medical certificate covering a period exceeding 28 days if the certificate states reasons why the certificate covers the longer period.

(4)A medical certificate is of no effect to the extent that it relates to a period of time more than 90 days after the date the certificate is issued, unless the Authority otherwise determines.

(5)Subject to regulation 80, a claim must be lodged with—

(a)the officer in charge of the brigade to which the member belonged; or

(b)if the member or the claimant is the officer in charge of a brigade, the operational employee determined by the Authority for the purpose of receiving the claim—

at the time of the destruction, damage or loss of personal property or of the personal injury, as the case may be.

(6)If a claim for compensation or the material accompanying the claim for compensation is incomplete or is insufficient to enable the Authority to make a determination of the claim, the Authority may request further information from the member or the claimants before determining the claim.

79Report by officer in charge

(1)Subject to subregulation (2), the officer in charge of the brigade who receives a claim under regulation 78(5)(a) must lodge with the Authority as soon as practicable—

(a)the claim form and medical certificate (if any); and

(b)a statement, signed by the officer in charge of the brigade, of the circumstances of the incident giving rise to the claim for compensation and the opinion of the officer as to the claim; and

(c)a report from any person who witnessed the incident giving rise to the claim for compensation.

(2)If the member or claimant is the officer in charge of the brigade, the operational employee determined by the Authority for the purpose of this subregulation, must ensure that subregulation (1) is complied with.

80Some personal injury claims may be lodged with Authority

(1)A claim for personal injury may be lodged directly with the Authority if, after considering a request made under subregulation (2), the Authority is satisfied that in the circumstances

it is not practicable for the member or claimants to lodge the claim in accordance with regulation 78(5).

(2)A request must specify—

(a)that the member or claimants propose to make a claim for personal injury; and

(b)that, in the circumstances, it is not practicable for the member or claimants to lodge the claim in accordance with regulation 78(5); and

(c)the circumstances that make lodgement

of the claim, in accordance with regulation 78(5), impracticable.

(3)The Authority must advise the member or claimants who made a request under this regulation of its decision to receive or not receive a claim for personal injury directly from the member or claimants as soon as practicable after receiving the request.

81Authority may request report by officer in charge

(1)Subject to subregulation (3), if a claim for personal injury is received by the Authority directly under regulation 80, the Authority may give a copy of the claim to the officer in charge of the brigade to which the member belonged at the time of the personal injury.

(2)Subject to subregulation (3), if a claim for personal injury is received by the Authority directly under regulation 80, the Authority may request the officer in charge of the brigade to which the member belonged at the time of the personal injury to give the Authority—

(a)a statement, signed by the officer in charge, of the circumstances of the incident giving rise to the claim for compensation and the opinion of the officer as to the claim; and

(b)a report from any person who witnessed the incident giving rise to the claim for personal injury.

(3)If the claim for personal injury is lodged by the officer in charge of a brigade, the Authority may deal with the operational employee referred to in regulation 78(5)(b) in accordance with subregulations (1) and (2).

82Transport accident

If a member suffers property loss or damage, or a personal injury arising out of a transport accident, the member must––

(a)make a report to a police officer concerning the circumstances of the transport accident; and

(b)provide a copy of the police report to the Authority when lodging the claim for compensation.

83Determination of claims

(1)The Authority must—

(a)enquire into the circumstances of every claim lodged; and

(b)determine the claim as soon as possible.

(2)In determining a claim for compensation, the Authority—

(a)has power to do all things necessary or expedient to determine the claim for compensation; and

(b)must give consideration—

(i)for a claim relating to injuries sustained before 1 July 2014, to the matters set out in sections 5, 5AC, 5AE, 5B, 82, 82A, 82B, 82C, 82D, 83, 86, 88, 89, 90, 91 (except subsection (2)), 92 (except subsection (7)), 93, 93CE, 93E, 93EA, 93F, 96, 96A, 97, 98, 98A, 99AAA, 99, 99AA, 99AC, 99AD, 99A, 100, 111 and 112 of the Accident Compensation Act 1985; or

(ii)for a claim relating to injuries sustained on or after 1 July 2014, to the matters set out in sections 92, 98 and 98A of the Accident Compensation Act 1985 and sections 3, 6, 7, 27, 39, 40, 41, 42, 43, 44, 45, 46, 50, 52, 53, 54, 55, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 152, 156, 158, 160, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 222, 223, 224, 226, 228, 229, 231, 232, 542 of, and clause 25 of Schedule 1 to, the Workplace Injury Rehabilitation and Compensation Act 2013—

with any variations that are necessary, and in so far as they are not inconsistent with these Regulations; and

(c)in determining a claim for the destruction, damage or loss of personal property owned by, or in the possession or control of, a member, may take into account the negligence of the member after considering any additional material and submissions provided by the member; and

(d)in determining a claim for compensation arising from the death of a member, may take into account the receipt by the member of—

(i)income from employment of, or work performed by, the member; or

(ii)a pension, regular annuity or benefit payable under a law enacted in Victoria or any other Australian jurisdiction or an amount payable under a policy of insurance in respect of loss of earnings or income.

84Entitlement to compensation exists regardless of whether a member is a worker

A member is not debarred from compensation in respect of personal injury caused to the member in the course of or arising out of service as a member by reason only that the member was not, at the relevant time, a worker within the meaning of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 as the case may be.

85Average weekly earnings

In determining the average weekly earnings of a member, the Authority—

(a)must take into account information supplied by or on behalf of the member; and

(b)may take into account any or all of the following––

(i)the average weekly earnings payable under a relevant industrial award to a person with the member's skills, qualifications and experience;

(ii)the average weekly earnings of a comparable person as published by the Australian Bureau of Statistics (ABS);

(iii)the reasonable cost of paying a person to perform the work the member is unable to perform as a result of the personal injury suffered while serving as a member;

(iv)the member's employment by an employer before the injury;

(v)other relevant matters; and

(c)if the member was not working under a contract of service at the time of the injury, may calculate average weekly earnings on any basis that, in the opinion of the Authority, most fairly reflects the worker's earning capacity had the injury not occurred to the member.

86Interim payment for personal injury

(1)The Authority, before determining a claim for compensation for personal injury, may make an interim payment—

(a)for loss of income, calculated in accordance with regulation 85, for a period not exceeding 6 weeks; and

(b)in the case of a personal injury that is a physical injury—for reasonable medical and like expenses for a period not exceeding 6 weeks.

(2)A payment under subregulation (1) is subject to the provision of a medical certificate in accordance with regulation 78.

(3)Subject to subregulations (4) and (5), if it appears to the Authority that a person may be entitled to compensation in respect of the death of a member, the Authority may, before determining the claim, make interim payments to the person as follows—

(a)a weekly payment for a period of up to 12 weeks from the date of death of the member in an amount the Authority considers reasonable; and

(b)a payment for reasonable medical and like expenses up to a maximum amount determined by the Authority.

(4)Only one spouse or domestic partner may receive interim payments under subregulation (3)(a).

(5)The total amount of interim payments paid to each person entitled to compensation in respect of the death of a member under subregulation (3) must not exceed the maximum amount determined by the Authority.

(6)If the Authority determines that compensation is payable, the compensation payable is to be reduced by the amount of any interim payment made under this regulation.

(7)A payment made under subregulation (1) or subregulation (3) is not an admission of liability to pay compensation in respect of the claim.

86AInterim payment for personal injury that is a mental injury

(1)The Authority, before determining a claim for compensation for personal injury that is a mental injury, must make an interim payment for reasonable medical and like expenses in accordance with subregulation (3).

(2)The Authority must, within 2 business days of the member's claim for compensation being lodged in accordance with regulation 78(5) or 80(1), give written notice to the member of the member's entitlement to an interim payment under this regulation.

(3)An interim payment under subregulation (1) must be paid by the Authority on and from the day on which the member is given written notice under subregulation (2) until—

(a)if the Authority determines under regulation 83 that compensation is payable and the determination is made within 13 weeks after the day on which the member is given written notice under subregulation (2)—the day on which the Authority makes the determination under regulation 83; or

(b)in any other case—13 weeks after the day on which the member's claim is lodged in accordance with regulation 78(5) or 80(1).

(4)To avoid doubt, a member whose claim for compensation is rejected or terminated by the Authority is entitled to an interim payment under subregulation (1) until the day referred to in subregulation (3)(b).

(5)If the Authority determines that compensation is payable, the compensation payable is to be reduced by the amount of any interim payment made under this regulation.

(6)An interim payment made under subregulation (1) is not an admission of liability to pay compensation in respect of the claim.

(7)This regulation does not apply—

(a)to a member's claim for compensation that was lodged in accordance with regulation 78(5) or 80(1) before 1 July 2021; or

(b)if the Authority has previously determined a claim for compensation relating to the same mental injury and circumstances.

87Payment of medical expenses

Payments made by the Authority for reasonable medical and like expenses incurred by a member are deemed to be payments made in satisfaction of a claim lodged by, or on behalf of, the member.

88Medical certificates and examinations

(1)The Authority may, from time to time, require a member who is receiving compensation payments from the Authority to attend any medical, rehabilitation, vocational or like examination with a medical practitioner or health professional nominated by the Authority.

(2)If a member—

(a)unreasonably fails to provide a certificate required by the Authority; or

(b)unreasonably fails to attend or undergo a medical or like examination required by the Authority; or

(c)unreasonably obstructs an examination referred to in paragraph (b)—

the Authority may suspend compensation payments until the certificate is provided, the examination takes place or the obstruction ceases.

(3)The Authority must pay the cost of medical or like examinations referred to in subregulation (1).

89Duty to advise Authority

(1)A member who is receiving from the Authority compensation payments for loss of income must advise the Authority of—

(a)an alteration in the member's weekly earnings by reason of a change in employment circumstances; and

(b)the member's return or partial return to work; and

(c)a change in the member's capacity to return, or partially return, to work.

(2)A member or claimant who has received or is receiving compensation from the Authority must advise the Authority of––

(a)any claim lodged against a person or body other than the Authority for compensation or damages for the same personal injury for which the Authority has paid compensation under this Division; and

(b)any award of compensation or damages payable by, or any compromise or settlement reached with, a person or body other than the Authority for the same personal injury for which the Authority has paid compensation under this Division.

90Alteration of weekly payments by request

(1)A member who is receiving compensation for loss of income may apply in writing to the Authority for an increase or reduction in the amount of weekly payments and must specify the reasons for the application and provide the Authority with supporting evidence.

(2)The Authority must—

(a)accept or reject the application; and

(b)give the member a written statement of its decision and the reasons for its decision; and

(c)if the Authority accepts the application, specify the new level of weekly payments and commencement date (if applicable).

91Reduction of weekly payments

(1)The Authority may, in accordance with regulation 93, reduce weekly payments on one or more of the following grounds—

(a)there is not, or is no longer, an entitlement to weekly payments at the existing amount;

(b)the member has returned to work;

(b)officers are elected in order of seniority of rank; and

(c)if the group has more than one deputy group officer, that the group, by resolution, determines the relative ranking of its deputy group officers.

12Nomination of officers

Unless the group determines otherwise at a previous annual general meeting, a nomination for election as an officer may be made at the meeting at which the election is to be held.

13Casual vacancies

If a casual vacancy arises in the office of any officer, the brigade delegates must—

(a)at the next meeting of the group after the group secretary received notice of the vacancy; or

(b)at a special meeting called to fill the vacancy—

elect an officer in accordance with the provisions of these Rules and the Regulations.

14Procedural matters

Except where otherwise specified in these Rules, procedural matters are to be determined by the person chairing the meeting.

15Special meetings

(1)A special meeting of the group—

(a)may be called by the highest ranking elected officer; and

(b)must be called by the secretary if so requested in writing by not less than 7 brigade delegates.

(2)A notice calling a special meeting must—

(a)be in writing; and

(b)specify—

(i)the date, time and place of the meeting; and

(ii)the business to be conducted at the meeting; and

(c)be served on each brigade that is a member of the group not less than 4 days before the meeting.

(3)Notification of a special meeting must be given in the same manner as notification for the annual general meeting under rule 9(3).

(4)Business that is not specified in the notice calling a special meeting must not be dealt with at the special meeting.

Part 3—Management

16Management team

(1)The group may, by resolution at a group meeting, appoint a management team to manage and administer the affairs of the group.

(2)The management team consists of the elected officers of the group.

17Meetings of the management team

(1)The management team must meet as often as is necessary.

(2)The management team must be chaired by—

(a)the group officer; or

(b)if the group officer is absent, the team member elected by the team to chair meetings or chair that meeting.

(3)All team members are eligible to vote at a meeting of the management team.

(4)A motion is carried at a meeting of the management team if it receives a majority of votes of persons present and eligible to vote.

(5)If a motion receives an equal number of votes, the chairperson has a casting as well as a deliberative vote.

18Delegation to management team

(1)Subject to subrule (2), a decision of the management team has effect only when approved by a resolution of the group.

(2)Subrule (1) does not apply to a matter or a class of matters responsibility for which has been delegated to the management team by a resolution of the group.

19Sub-committees

(1)The management team may—

(a)form sub-committees to advise on any matter or class of matters; and

(b)appoint to a sub-committee members of the management team or other members of brigades that are members of the group.

(2)The provisions of these Rules that apply to the management team apply, with any modifications that are necessary, to each sub-committee of the management team.

Part 4—Finance

20Records

(1)The secretary or, if the group has a treasurer, the treasurer must ensure that the following books or records are established and maintained—

(a)cash receipt book;

(b)cash payment book;

(c)bank pay-in book;

(d)minute book with numbered pages;

(e)records of approvals for fund raising activities and grants;

(f)financial records of fund raising activities and grants;

(g)petty cash book.

(2)The secretary or, if the group has a treasurer, the treasurer must ensure that—

(a)a document that is required to be kept as part of a book or record referred to in subrule (1) is kept for 7 years from the date of the document's creation; and

(b)each of the group's financial statements are kept for 7 years from the date of submission of the financial statements to the Authority under the Regulations.

(3)The secretary or, if the group has a treasurer, the treasurer must ensure that a register of the assets of, and assets held on behalf of, the group is established and maintained.

21Investment

Subject to the resolution of the group, any 2 of the secretary and group officer, or other officers of the group approved by the group, may invest money of the group in accordance with Part I of the Trustee Act 1958 as if the brigade were within the meaning of that Part.

22Bank account

(1)A group must have one general purpose bank account—

(a)into which all money received by or on behalf of the group must be paid; and

(b)out of which all payments by or on behalf of the group must be made.

(2)The opening of a bank account or the withdrawal of money from a bank account must be in accordance with a resolution of the group.

23Petty cash

(1)The group, by resolution, may advance the secretary or, if the group has a treasurer, the treasurer not more than $500 as petty cash.

(2)Each withdrawal must—

(a)be recorded in the petty cash book by the secretary or, if the group has a treasurer, by the treasurer; and

(b)be approved by the group officer.

24Purchasing

(1)Subject to subrule (2), each purchase, other than a purchase out of the petty cash fund, must be approved by resolution of the group.

(2)Subject to the approval of the Authority, the group may, by resolution, delegate to a brigade delegate the power to authorise specified purchases.

25Payment

(1)The secretary or, if the group has a treasurer, the treasurer may authorise payment for goods or services after checking that the goods or services—

(a)have been received; and

(b)comply with the purchase order.

(2)The secretary or, if the group has a treasurer, the treasurer must ensure that all payments, other than payments out of petty cash, are made by cheque or electronic funds transfer.

26Signatories

Cheques of a group must be signed by any 2 of the group officer, the secretary, the treasurer or an officer of the group authorised for this purpose by resolution of the group.

27Reporting

The secretary or, if the group has a treasurer, the treasurer must, at each meeting of the group, report to the group on all transactions since the last meeting.

SCHEDULE 7

Regulation 36

APPLICATION FOR MEMBERSHIP OF BRIGADE

1.    Brigade and Type of Membership 

Brigade name and no.

Application  as a new member

as a transferring member

Type of membership—

Junior

Senior

2.    Applicant's details

Family and given names:

Home address:

Postal address:

Contact details:

Details of any relevant medical conditions:

Details of any current or past membership of CFA brigades:

Name of brigade

Volunteer no.

Applicant's signature

SCHEDULE 8—ELECTIONS OF OFFICERS OF BRIGADES

Regulation 41(1)

1Eligibility to stand for election—brigades

(1)A person is not eligible to stand for election as an officer of a brigade (including the office of captain) unless the person is a member, other than a junior member, of the brigade whose duties as an enrolled member are not limited under regulation 37(3).

(2)A member of a brigade is not eligible to stand for the office of captain of a brigade unless—

(a)the member has served as an officer of a brigade for 2 years or more; and

(b)the member has the competencies specified by the Chief Officer as requirements for that office.

(3)The Authority may waive the requirements in subrule (2).

(4)  A member of a brigade is not eligible to stand for the office of lieutenant of the brigade unless—

(a)the member has the competencies specified by the Chief Officer as requirements for that office; or

(b)the Authority waives the requirement in paragraph (a).

2Elections of brigade officers

(1)The Authority must determine which brigades must hold elections for brigade officers in years designated by—

(a)an odd number; or

(b)an even number.

(2)A brigade must hold an election for brigade officers in the month and the year determined by the Authority for the brigade.

(3)A majority of votes of members present and eligible to vote is sufficient to secure election.

(4)If the highest number of votes is received by 2 or more candidates who receive an equal number of votes, the person presiding at the meeting must—

(a) call for a second vote; and

(b) if the highest number of votes is received by 2 or more candidates who receive an equal number of votes on the second vote, draw lots to determine who is to be declared elected.

3Brigade delegates

(1)Each brigade in a group of brigades may, from time to time, elect delegates to represent the brigade at meetings of the group.

(2)Each delegate must be elected separately, with a majority of votes of members present and eligible to vote being sufficient to secure election.

(3)If the highest number of votes is received by 2 or more candidates who receive an equal number of votes, the person presiding at the meeting must draw lots to determine who is to be declared elected.

(4)At a meeting of a group of brigades, not more than 2 delegates of each brigade in the group may vote on any matter arising for determination at the meeting.

4Term of office

(1)Subject to rule 5, an officer of a brigade holds office for 2 years, commencing on 1 July next following the officer's election.

(2)If, at the expiration of the term of office of an officer of a brigade, no person has been elected to that office in accordance with this Schedule, the term of office of the officer of the brigade is extended until a person is elected to that office in accordance with this Schedule.

5Casual vacancies

(1)This clause applies if, before an officer of a brigade's term of office expires, the officer—

(a)resigns from office or is disqualified from holding office; or

(b)ceases to be a volunteer.

(2)The brigade must, as soon as is practicable after receiving notice of a matter referred to in subclause (1), elect a member to replace the officer.

(3)A member elected under subclause (2) holds office for the remainder of the term of the replaced officer.

6Notification of the Authority

The secretary of a brigade must notify the Authority of the result of an election of officers of the brigade within 7 days after the election.

SCHEDULE 9—ELECTIONS OF OFFICERS OF GROUPS

Regulation 41(2)

1Eligibility to stand for election—groups

(1)A person is not eligible to stand for election as an officer of a group of brigades (including the office of a group officer) unless the person is a member, other than a junior member, of a brigade whose duties as an enrolled member are not limited under regulation 37(3).

(2)A person is not eligible to stand for election to the office of group officer unless the person has served as an officer of a brigade or as a deputy group officer for 2 years or more.

2Elections for officers of the group

(1)The Authority must determine which groups of brigades must hold elections for officers of the group in years designated by—

(a)an odd number; or

(b)an even number.

(2)A group must hold an election for officers of a group in the month and the year determined by the Authority for the group.

(3)A majority of votes of delegates present and eligible to vote is sufficient to secure election.

(4)If the highest number of votes is received by 2 or more candidates who receive an equal number of votes, the person presiding at the meeting must—

(a)call for a second vote; and

(b)if the highest number of votes is received by 2 or more candidates who receive an equal number of votes on the second vote, draw lots to determine who is to be declared elected.

3Deputy group officers

Each group must determine the relative seniority of its deputy group officers.

4Term of office

(1)Subject to clause 5, an officer of a group holds office for 2 years, commencing on 1 July next following the officer's election.

(2)If, at the expiration of the term of office of an officer of a group, no person has been elected to that office in accordance with this Schedule, the term of office of the officer of the group is extended until a person is elected to that office in accordance with this Schedule.

5Casual vacancies

(1)This clause applies if, before the expiration of an officer's term of office, an officer of a group—

(a)resigns from office or is disqualified from holding office; or

(b)ceases to be a volunteer.

(2)The group must, as soon as is practicable after receiving notice of a matter referred to in subclause (1), elect a member to replace the officer.

(3)A member elected under subclause (2) holds office for the remainder of the term of the replaced officer.

6Notification of the Authority

The secretary of a group must notify the Authority of the result of an election of officers of the group within 7 days after the election.

SCHEDULE 10

Regulation 62

AUTHORISATION TO COLLECT CONTRIBUTIONS OR SUBSCRIPTIONS

I, the undersigned, certify that (full name) of (postal address) whose signature appears below is authorised under section 102 of the Country Fire Authority Act 1958 to collect money on behalf of the

*Fire Brigade

*Group of Fire Brigades
*Association

from      /     /      to      /     /      and is not entitled to retain any money as a fee or commission or for any other purpose.

Signature of Authorised Collector

(Signed)

(Signed)  for the Country Fire Authority

Date:

Compliance with all laws relevant to the activities conducted is a condition of this authorisation.

* Cross out whichever is not applicable.

SCHEDULE 11—ELECTIONS—MUNICIPAL COUNCIL REPRESENTATIVES ON REGIONAL FIRE PREVENTION COMMITTEES

Regulation 105(5)

1In this Part—

continuing candidate means a candidate not already elected or excluded from the count;

returning officer means the executive officer of the relevant regional fire prevention committee.

2Subject to clause 3, the result of an election of representatives of a municipal council as members and deputy members of regional fire prevention committees is to be determined as follows—

(a)  the returning officer must declare elected as members of the regional fire prevention committee—

(i)the single candidate who received the highest number of first preference votes and the single candidate who received the second highest number of first preference votes; or

(ii)the only 2 candidates who received the equally highest number of first preference votes;

(b)  of the continuing candidates, the returning officer must declare elected as deputy members of the regional fire prevention committee—

(i)the single candidate who received the highest number of first preference votes and the single candidate who received the second highest number of first preference votes; or

(ii)the only 2 candidates who received the equally highest number of first preference votes.

3(1)  If the count of votes for the election of representatives of a municipal council as members of a regional fire prevention committee does not satisfy the requirements of clause 2(a), the result of the ballot for election of members and deputy members of that committee is to be determined in accordance with clauses 4 and 5.

(2)  If—

(a)the members of the regional fire prevention committee are declared elected in accordance with clause 2(a); and

(b)the count of votes for the election of deputy members of the fire prevention committee did not satisfy the requirements of clause 2(b), representatives of a municipal council as deputy members of a regional fire prevention committee must be determined in accordance with clause 5.

4(1)  The result of the ballot for election of the first member of the regional fire prevention committee must be determined as follows—

(a)the returning officer must declare elected as the first member, the candidate who received the highest number of first preference votes;

(b)if more than one candidate received the highest number of first preference votes, the returning officer must—

(i)declare the candidate who received the fewest number of first preference votes an excluded candidate; and

(ii)distribute every ballot paper counted to the excluded candidate among the other candidates next in order of the voter's preference; and

(iii)determine the number of votes given to each continuing candidate; and

(iv)declare elected the continuing candidate with the highest number of votes;

(c)if after following the procedure in paragraph (b) more than one candidate has the highest number of votes, the returning officer must repeat the process described in paragraph (b) until a single candidate receives the highest number of votes.

(2)  After declaration of the election of the first member of the regional fire prevention committee, the ballot for the election of the second member must be determined as follows—

(a)the returning officer must—

(i)rearrange all the ballot papers under the names of the respective candidates for which a first preference vote is indicated; and

(ii)place every ballot paper on which a first preference vote is indicated for the elected candidate in the parcel of the continuing candidates next in order of the voter's preference; and

(iii)determine the number of votes given to each continuing candidate; and

(iv)declare elected the continuing candidate with the highest number of votes;

(b)if after following the procedure in paragraph (a), more than one candidate receives the highest number of votes, the returning officer must—

(i)declare the candidate who has received the fewest number of votes an excluded candidate; and

(ii)distribute every ballot paper counted to the excluded candidate among the continuing candidates next in order of the voter's preference; and

(iii)determine the total number of votes given to each continuing candidate; and

(iv)declare elected the candidate with the highest number of votes;

(c)if after following the procedure in paragraph (b) more than one candidate has the highest number of votes, the returning officer must repeat the process described in paragraph (b) until a single candidate receives the highest number of votes.

5After the declaration of the election of members of the fire prevention committee (whether in accordance with clause 2 or 4) the result of the ballot for the selection of the deputy members of the regional fire prevention committee must be determined in the manner described in clause 4(2), with every ballot paper on which a first preference is indicated for an elected candidate being placed in the parcel of the continuing candidate next in order of the voter's preference.

6If in any count, 2 or more candidates have an equal number of votes, and one of them has to be declared an excluded candidate, the returning officer must determine by lot who is to be the excluded candidate.

7Where a matter is not covered by this Schedule, the provisions of Schedule 3 of the Local Government Act 1989, with any modifications that are applicable, apply to the determination of a ballot under this Schedule.

SCHEDULE 12

Regulation 109(1)(a)

PERMIT TO BURN BY A BRIGADE

(Not valid on a day of TOTAL FIRE BAN)

PERMIT granted to  (insert name of officer in charge of the brigade) to light a fire or fires for the purpose of allowing officers and members of the  Fire Brigade to burn the following specific material:

  

(insert type of material, e.g. grass, stubble) during the period commencing on       (insert date)        and ending on        (insert date)        on the land owned, occupied or under the care and management of the following person or organisation

at

(insert address or description and location of land).

This permit is granted subject to the following conditions—

1.The person performing the burning operation to which the permit relates must be in possession of the permit or a copy of it.

2.*If the brigade intends to conduct a burning operation on any street, road or other thoroughfare, notice of that intention must be given—

(a)   to each owner or occupier of land that includes or is contiguous with the area to be burned between 2 and 24 hours before the burning is to commence; or

(b)   by inserting in a newspaper circulating in the area in which the burning is to occur, at least 2 days before the burning is to occur, a notice specifying—

(i)the period during which the burning is likely to occur; and

(ii)the portion of the street, road or other thoroughfare that is to be burned.

OR

*If the brigade intends to conduct a burning operation on land that is not a street, road or other thoroughfare, notice of that intention must be given to each owner or occupier of land that includes or is contiguous with the area to be burned between 2 and 24 hours before the burning is to commence.

3.If the brigade intends to conduct a burning operation within 3 kilometres of any State forest, national park or protected public land, notice of that intention must be given to the appropriate forest officer between 2 and 24 hours before the burning is to commence.

4.Before commencing a burning operation, a fire break must be prepared around the perimeter of the area to be burned, which is—

*  not less than             metres wide (being a minimum width of 1×5 metres) and cleared of all flammable materials;

OR

*  not less than             metres wide (being a minimum width of 1×5 metres) and thoroughly wetted down while the fire is within 3 metres of the wetted area.

5.Every reasonable precaution must be taken that only the material specified in this permit is burned. Any other material catching alight must be extinguished immediately.

6.Until all fires lit under this permit have been completely extinguished—

(a)   the perimeter of the burning area must be continuously patrolled; and

(b)   an adequate number of fire-fighters and adequate fire suppression equipment or appliances must be present.

7.If in the vicinity of the area to be burned, the shade temperature exceeds 32 degrees celsius or the average wind speed exceeds 15 kilometres per hour—

(a)   burning operations must not be commenced; or

(b)   if burning operations have commenced all fires must be extinguished as soon as possible.

8.Additional conditions (if any)

Dated at  on

(Signed) **

of the (Name of Municipal Council, Administrative Unit or Public Authority)

*   Delete whichever is inapplicable.

** Fire Prevention Officer or person authorised to grant this permit.

SCHEDULE 13

Regulation 109(1)(b)

PERMIT TO BURN BY A PRIVATE PERSON

(Not valid on a day of TOTAL FIRE BAN)

PERMIT granted to  (insert name)

of   (insert address)

to light a fire or fires for the purpose of allowing the following specified material to be burned:

  

(insert type of material e.g. grass, stubble) during the period commencing on     (insert date)     and ending on     (insert date)     at

(insert address or description and location of land).

This permit is granted subject to the following conditions—

1.The person performing the burning operation to which the permit relates must be in possession of the permit or a copy of it.

2.Notice of intention to conduct a burning operation must be given between 2 and 24 hours before the burning is to commence—

(a)   to each owner or occupier of land contiguous with the area to be burned; and

(b)   to the officer in charge of the fire brigade in whose area the burning is to take place, by telephoning the officer in charge on (insert telephone number); and

(c)    to the Emergency Services Telecommunications Authority (within the meaning of the Emergency Services Telecommunications Authority Act 2004) (ESTA), on 1800 668 511, or by one or more of the means of notification specified on the ESTA Internet site (insert link to relevant page on ESTA Internet site) or the Country Fire Authority Internet site (insert link to relevant page on CFA Internet site).

3.If the area to be burned is within 3 kilometres of any State forest, national park or protected public land, notice of the intention to burn must be given to the appropriate forest officer between 2 and 24 hours before the burning is to commence.

4.Before commencing a burning operation, a fire break must be prepared around the perimeter of the area to be burned, which is—

*  not less than             metres wide (being a minimum width of 1×5 metres) and cleared of all flammable materials;

OR

*  not less than             metres wide (being a minimum width of 1×5 metres) and thoroughly wetted down while the fire is within 3 metres of the wetted area.

5.Burning off must not commence before              (insert time) on each day of the burning operation.

6.Every reasonable precaution must be taken that only the material specified in this permit is burned. Any other material catching alight must be extinguished immediately.

7.Until all fires lit under this permit have been completely extinguished—

(a)   the perimeter of the burning area must be continuously monitored; and

(b)   an adequate number of adults and adequate fire suppression equipment or appliances must be present.

8.If in the vicinity of the area to be burned, the shade temperature exceeds 32 degrees celsius or the average wind speed exceeds 15 kilometres per hour—

(a)   burning operations must not be commenced; or

(b)   if burning operations have commenced all fires must be extinguished as soon as possible.

9.All fires must be extinguished before sunrise on the day following the day on which they were lit.

10.Additional conditions (if any)

Dated aton

(Signed) **

of the  (Name of Municipal Council,

  

Administrative Unit, Public Authority)

*   Delete whichever is inapplicable.

** Fire Prevention Officer or other person authorised to grant the permit.

__________________

SCHEDULE 14

Regulation 109(1)(c)

PERMIT TO LIGHT A FIRE FOR MISCELLANEOUS PURPOSES

(Not valid on a day of TOTAL FIRE BAN)

PERMIT granted to

of  to light a fire or fires for the purpose of

* between (insert date) and (insert date)

(under s. 38(2A) of the Act a period may be specified)

* at any time between              and

This permit is subject to the following conditions:

Date:

Signature:

Name and position:

* Delete whichever is inapplicable.

SCHEDULE 15

Regulation 112(1)

FIRE PREVENTION NOTICE

I direct  of

the owner or occupier of (insert address or certificate of title number)

to do the work specified below.

All work must be completed not later than:

Work to be completed:

(Specify the part or parts of the land affected by this notice and the steps required to remove or minimise the threat of fire).

Date:

Signature:

Name and position:

Fire Prevention Officer for (insert name of municipality)

You may lodge an objection to this notice under section 41B of the Country Fire Authority Act 1958 and appeal the outcome of that objection under section 41C of that Act.

SCHEDULE 16

Regulation 112(2)

NOTICE TO OWNERS OR OCCUPIERS OF LAND

To the owner/occupier or owners/occupiers of land described below.

A notice to

(insert substance of steps to be taken to remove or minimise the threat of fire)

not later than            (insert date)

has been affixed on the following properties in accordance with section 41A(3) of the Country Fire Authority Act 1958.

Date:

Name and position:

Fire Prevention Officer for (insert name of municipality)

You may lodge an objection to this notice under section 41B of the Country Fire Authority Act 1958 and appeal the outcome of that objection under section 41C of that Act. 

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Country Fire Authority Regulations 2014, S.R. No. 165/2014 were made on 14 October 2014 by the Lieutenant-Governor, as the Governor's Deputy, with the advice of the Executive Council under section 110 of the Country Fire Authority Act 1958, No. 6228/1958 and came into operation on 1 November 2014: regulation 3.

The Country Fire Authority Regulations 2014 will sunset on 1 August 2025: see Subordinate Legislation (Country Fire Authority Regulations 2014) Extension Regulations 2024, S.R. No. 99/2024.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after

1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after

1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after

1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Country Fire Authority Regulations 2014 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Country Fire Authority Amendment Regulations 2021, S.R. No. 86/2021

Date of Making:	20.7.21
Date of Commencement:	20.7.21

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3   Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 165/2014 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Definition of AS 1019 in regulation 5	Australian Standard AS 1019—2000, Internal combustion engines—spark emission control devices, published in 2000 by Standards Australia on 1 August 2000	The whole
Definition of AS 1687 in regulation 5	Australian Standard AS 1687—1991, Knapsack spray pumps for fire-fighting, published in 1991 by Standards Australia on 11 February 1991	The whole

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Definition of AS/NZS 1841.1 in regulation 5	Australian Standard and New Zealand Standard AS/NZS 1841.1:2007, Portable fire extinguishers—Part 1: General Requirements, published in 2007 by Standards New Zealand on 31 August 2007	The whole
Paragraph (a) of the definition of serious injury in regulation 74	American Medical Association Guides to the Evaluation of Permanent Impairment (Fourth Edition)	The whole, other than Chapter 15
Paragraph (b) of the definition of serious injury in regulation 74	Guide to the Evaluation of Psychiatric Impairment for Clinicians, published in the Government Gazette dated 27 July 2006.	The whole