Country Fire Authority Regulations 2025 (Vic)
Version No. 001
Country Fire Authority Regulations 2025
S.R. No. 72/2025
Version as at
31 July 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Revocations
5Definitions
Part 2—The Authority
6Common seal
7Authority to regulate its own procedure
8Meetings
9Minutes
10Attendance at meetings
Part 3—Employees
11Notice of an appeal to the Commission
12Procedures of the Commission
13Notice of determination of the Commission
Part 4—Brigades and groups of brigades
Division 1—General
14Part does not apply to industry brigades
15Presence at meetings
16Ineligibility to vote
17Decision by majority vote
18Application for registration of brigades
19Application for formation of a group of brigades
20Application for variation of a group of brigades
21Brigade rules
22Rules for groups of brigades
23Model rules
24Uniforms
Division 2—Membership
25Categories of membership
26Criteria for general membership
27Criteria for junior membership
28Application for enrolment as a member
29Application for transfer between brigades
30Application for general membership by a junior member
31Enrolment of volunteers
32Probationary period
33Cancellation of enrolment of member on probation
34Resignation
35Leave of absence
36Cancellation of enrolment
37Physical and medical fitness
38Training
39Subcategories of membership
40Officer in charge of a brigade in certain circumstances
Division 3—Elections
Subdivision 1—Electronic voting
41Electronic voting
Subdivision 2—Elections of officers of brigades
42Eligibility to stand for election
43Elections of brigade officers
44Seniority of officers of brigades
45Brigade delegates
46Term of office
47Casual vacancies
48Notification of the Authority
Subdivision 3—Elections of officers of groups of brigades
49Eligibility to stand for election
50Elections for officers of groups of brigades
51Deputy officers of groups
52Term of office
53Casual vacancies
54Notification of the Authority
Division 4—Disciplinary action
Subdivision 1—Preliminary
55Grounds for disciplinary action
56Chief Officer may authorise persons to conduct disciplinary processes
57Continuation of disciplinary matters under old Regulations
Subdivision 2—Interim restriction of duties or suspension
58Interim restriction of duties or suspension
59Duration of interim restriction or suspension
60Review of interim restriction or suspension
Subdivision 3—Investigation
61Investigation of member's conduct
62Conduct of disciplinary investigation
63Outcome of disciplinary investigation
Subdivision 4—Disciplinary hearing and determination
64Hearing officers
65Date for disciplinary hearing
66Evidence for disciplinary hearing
67Conduct of hearing
68Determination of matter and disciplinary action
Subdivision 5—Appeals
69Appeal Panel
70Appeal of determination to take disciplinary action
71Dismissal of appeal
72Notice of appeal hearing
73Conduct of appeal hearing
74Determination of appeal
Subdivision 6—Suspension and cancellation
75Suspension for alleged offence or WWC exclusion
76Duration of suspension for alleged offence or WWC exclusion
77Suspension and cancellation following finding of guilt
78Restrictions during suspension
Division 5—Financial management
79Appointment of secretary and treasurer
80Financial records must be kept
81Financial directions
82Financial statements to be prepared and submitted to the Authority
83Authorisation to collect money
84Property of a brigade or group of brigades—deregistration
Part 5—Forestry industry brigades
85Responsibilities of a forestry industry brigade
86Designation of areas
87Criteria for formation of forestry industry brigades
88Requirement for formation of forestry industry brigades
89Minimum requirements for apparatus
90Application for registration of a forestry industry brigade
91Requirement to notify Authority of changes
92Operation of a forestry industry brigade
93Training
94Cancellation of a forestry industry brigade
Part 6—Compensation
Division 1—Interpretation
95Definitions
96Meaning of service as a member
97Meaning of suitable employment
Division 2—Recovery of overpayments
98Recovery of overpayments
Division 3—Personal injury compensation
99Objectives of personal injury compensation
100Entitlement to compensation for personal injury
101Repayment of compensation where award, compromise or settlement paid by person or body other than the Authority
102Reduction of compensation where award, compromise or settlement paid by person or body other than the Authority
103No claim to compensation where award of damages already paid
104Making a claim for personal injury compensation
105Chief Executive Officer may request statement or report
106Personal injury arising out of transport accident
107Determination of claims for personal injury compensation
108Entitlement to compensation exists regardless of whether a member is a worker
109Average weekly earnings
110Interim payment for personal injury
111Interim payment for personal injury that is a mental injury
112Payment of medical expenses
113Medical certificates and examinations
114Duty to advise Authority
115Power to obtain information
116Return to work obligations of members
117Alteration of weekly payments by request
118Reduction of weekly payments
119Termination of weekly payments
120Procedure for increase, reduction or termination
121Redemption of weekly payments and medical expenses
Division 4—Personal property compensation
122Entitlement to compensation for property loss and damage
123Property loss and damage
124Making a claim for compensation for property loss and damage
125Claim arising out of transport accident
126Chief Executive Officer may request other report by officer in charge
127Determination of claims for compensation for property loss and damage
Division 5—Compensation for casual fire-fighters and volunteer auxiliary workers
128Claims procedure
129Personal injury arising out of transport accident
130Authority may provide claim to officer in charge or brigade secretary
131Authority may request report
Part 7—Fees and charges
132Fire protection charges
133Emergency attendances
134Property protection and loss mitigation services
135Road accident rescue
136Commercial events
Part 8—Fire prevention
Division 1—Permits granted during a fire danger period
137Grant of permit to burn vegetation to an approved officer or member
138Grant of permit to burn vegetation to other persons
139Grant of permit to burn specified materials or substances
140General requirements for granting of permit to burn
141Production of permit on demand
Division 2—Fire prevention measures
142High fire risk activities
143Fire prevention notices
144Sawmills
145Vehicular heat engines
146Non-vehicular heat engines
Part 9—Alarm monitoring information
147Information in the case of an alarm pre-connection
148Information in the case of an alarm connection
149Information in the case of an alarm modification
150Information in the case of an alarm disconnection
151Information in the case of failure of alarm monitoring system
152Isolation and testing data
153Information for verification purposes
Part 10—Community fire refuges
154Places prescribed to be community fire refuges
Schedule 1—Regulations revoked
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7—Blackwood Community Fire Refuge
Schedule 8—East Warburton Community Fire Refuge
Schedule 9—Ferny Creek Community Fire Refuge
Schedule 10—Millgrove Community Fire Refuge
Schedule 11—Lavers Hill Community Fire Refuge
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Country Fire Authority Regulations 2025
S.R. No. 72/2025
Version as at
31 July 2025
PART 1—PRELIMINARY
1Objective
The objective of these Regulations is to provide for the following—
(a)the procedure of the Authority;
(b)the procedure for appeals by officers and employees to the Commission;
(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)personal injury compensation for volunteer members of brigades, members of forestry industry brigades, casual fire-fighters and volunteer auxiliary workers;
(g)compensation for destruction, damage or loss of property of volunteer members of brigades, members of forestry industry brigades, casual fire-fighters and volunteer auxiliary workers;
(h)the management and administration of forestry industry brigades;
(i)alarm monitoring information requirements;
(j)prescribing places as community fire refuges;
(k)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 31 July 2025.
4Revocations
The Regulations listed in Schedule 1 are revoked.
5Definitions
In these Regulations—
Appeal Panel means the Panel under regulation 69;
appliance means a fire-fighting or emergency response vehicle operated by a member;
approved officer or member means an officer or member, class of officers or class of members approved by the Chief Officer to lead a burning operation for the purposes of regulation 137;
AS 1019 means Australian Standard AS 1019—2000, Internal combustion engines—Spark emission control devices, as in force before its cancellation on 19 October 2023;
AS 1687 means Australian Standard AS 1687—1991, Knapsack spray pumps for firefighting, as in force before its cancellation on 30 June 2017;
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;
authorised burn delivery plan means a plan approved by an officer or a forest officer for the conduct of a burning operation incorporating the location, specifications and conditions under which the operation is to be conducted;
brigade area means the area of operation designated for a brigade by the Chief Officer under section 27 of the Act;
brigade management team means a group of members appointed by a brigade to manage and administer the affairs of the brigade;
call taking and dispatch services has the same meaning as in the Triple Zero Victoria Act 2023;
Commission means the Country Fire Authority Appeals Commission established under section 74A of the Act;
Computer Aided Dispatch system means the system used to deliver call taking and dispatch services by Triple Zero Victoria established under the Triple Zero Victoria Act 2023;
disciplinary hearing means a hearing under Subdivision 4 of Division 4 of Part 4 to determine whether a member of a brigade has engaged in conduct that is a ground for disciplinary action;
disciplinary investigation means an investigation under Subdivision 3 of Division 4 of Part 4 into the conduct of a member of a brigade;
disciplinary referral means a determination referred to in regulation 63(2)(b)(ii);
eligible to vote, in relation to a decision determined by a vote by members of a brigade or group, does not include a person specified in regulation 16;
employee means a person appointed under section 17 of the Act;
failure by an alarm monitoring system means a fault or failure of an alarm monitoring service to automatically transmit a signal of an alarm of fire, or have that signal transmitted from an alarm monitoring service accepted by the Computer Aided Dispatch system of the Authority;
financial statements means the records referred to in regulation 80;
forestry industry brigade means an industry brigade in the forestry industry;
ground for disciplinary action has the meaning given by regulation 55;
hazardous material incident means a hazardous material incident or a toxic fire incident the whole or part of which is not a fire;
hearing officer means the Chief Officer or a person who is authorised under regulation 56(3);
junior member has the meaning given in regulation 27(1);
interim restriction means a direction under regulation 58(1);
interim suspension means a suspension under regulation 58(2);
investigator means the Chief Officer or a person who is authorised under regulation 56(1);
member, except in Part 6, means a person who is enrolled by the Authority under section 23(1)(b) of the Act as a volunteer officer or volunteer member of a brigade;
misconduct includes the following—
(a)unacceptable or inappropriate conduct, having regard to any behavioural policies or standards developed by the Authority;
(b)conduct—
(i)that is likely to harm the reputation of the Authority; and
(ii)by a person who, at the time of engaging in the conduct, intends that the conduct would, or is reckless as to whether the conduct could, harm the reputation of the Authority;
mobile fire-fighting unit means a vehicle suitably equipped for enabling an industry brigade to respond to and fight a fire;
plantation holdings means land which is used primarily for tree farming or other commercial forestry purposes;
referring officer means the Chief Officer or a person who is authorised under regulation 56(2);
relevant owner, in relation to a forestry industry brigade, has the same meaning as in section 23AA of the Act;
secretary, in relation to a brigade or group of brigades, means a person appointed under regulation 79(1)(a) or (2)(a);
tested end-to-end means to ensure that signal integrity is maintained between the system components and systems in an alarm system;
the Act means the Country Fire Authority Act 1958;
treasurer, in relation to a brigade or group of brigades, means a person appointed under regulation 79(1)(b) or (2)(b);
uniform means an Authority uniform issued to an officer or member but does not include any item of personal protective clothing;
WWC exclusion has the same meaning as in the Worker Screening Act 2020.
PART 2—THE AUTHORITY
6Common 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.
7Authority to regulate its own procedure
Subject to the Act and these Regulations, the Authority may regulate its own procedure.
8Meetings
(1)The chairperson of the Authority must ensure that written notice of a meeting of the Authority, specifying the date, time and location and form of the meeting, is provided to each member of the Authority not less than 2 days before the meeting.
(2)Despite subregulation (1), in the case of a special meeting of the Authority, the chairperson of the Authority must ensure that written notice of a meeting is given as soon as practicable before the meeting.
9Minutes
The chairperson of the Authority must ensure that minutes of any meeting of the Authority are kept which contain—
(a)a record of decisions of the Authority and recommendations of committees of the Authority; and
(b)the names of the members of the Authority present at each meeting.
10Attendance at meetings
(1)The chairperson of the Authority may permit members of the Authority to attend a particular meeting, or all meetings, by audio visual link or audio link.
(2)To avoid doubt, a member of the Authority who attends a meeting under subregulation (1) is present at the meeting.
PART 3—EMPLOYEES
11Notice of an appeal to the Commission
A person wishing to appeal to the Commission 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 a decision described in section 74I of the Act against which the notice of appeal is lodged; and
(b)give a copy of the notice of appeal to the Authority.
Note
An application for a remedy for unfair dismissal within the meaning of the Fair Work Act 2009 of the Commonwealth may be made in accordance with that Act.
12Procedures of the Commission
The Commission must ensure that the Authority and the person specified in regulation 11 receive not less than 14 days written notice of the time and place at which, and the date on which, the hearing of an appeal will take place.
13Notice of determination of the Commission
After determining an appeal, the Commission must give written notice of its determination to the Authority and the person specified in regulation 11.
PART 4—BRIGADES AND GROUPS OF BRIGADES
Division 1—General
14Part does not apply to industry brigades
This Part does not apply to industry brigades.
15Presence at meetings
For the purposes of this Part, a person may attend a meeting by audio visual link or audio link.
16Ineligibility to vote
The following members are not eligible to vote at any meeting of a brigade or group of brigades or any election for a brigade officer, an officer of a group or a deputy officer of a group
—(a)a junior member;
(b)a member on probation;
(c)a member on a leave of absence approved under regulation 35(3);
(d)a member whose enrolment is suspended.
Note
See also regulations 32 and 35.
17Decision by majority vote
A decision of a brigade or group of brigades, whether described as a recommendation, acceptance, advice, determination, appointment or otherwise, must be made by the votes of more than 50 per cent of the persons present and eligible to vote at a properly constituted meeting of the brigade or group of brigades.
18Application for registration of brigades
(1)For the purposes of section 23(1)(b) of the Act, an application to the Authority for registration of a brigade must—
(a)be in writing; and
(b)specify the following matters—
(i)the name and contact details of the person making the application;
(ii)the proposed name of the brigade;
(iii)the names and contact details of the persons proposed for enrolment as original members of the brigade.
(2)In determining whether to approve an application for registration of a brigade, the Authority may consider any matter it considers relevant.
19Application for formation of a group of brigades
(1)A group of brigades may be formed in accordance with this regulation.
(2)A meeting of a maximum of 2 delegates appointed by each brigade in the area in which the proposed group of brigades would operate must be held to—
(a)resolve to form a group of brigades; and
(b)elect officers of the group of brigades.
(3)At a meeting held under subregulation (2)—
(a)each brigade delegate has one vote; and
(b)a majority of votes of delegates present and eligible to vote is sufficient to secure election as an officer; and
(c)if 2 or more candidates receive an equal number of votes, the person presiding at the meeting must draw lots to determine who is to be declared elected as an officer.
(4)Following a meeting held under subregulation (2), an application for the formation of a group of brigades must be made to the Authority in writing by the secretary of the proposed group of brigades or a delegate who was in attendance at the meeting.
(5)An application referred to in subregulation (4) must specify the following—
(a)the proposed name of the group of brigades;
(b)the proposed brigades to form the group of brigades;
(c)the officers elected and their positions;
(d)the date delegates of the brigades met and by a majority of delegates present resolved to form a group of brigades and elect its officers;
(e)the names of delegates present and their brigades.
(6)The Authority may approve an application received under subregulation (4).
20Application for variation of a group of brigades
(1)A group of brigades may be varied in accordance with this regulation.
(2)At a meeting of a group of brigades, the group may resolve to vary the composition of the group.
(3)Following a meeting held under subregulation (2), an application for the variation of the composition of a group of brigades must be made to the Authority in writing by the secretary of the group of brigades.
(4)An application referred to in subregulation (3) must specify the following—
(a)the name of the group of brigades;
(b)the proposed variation;
(c)the reason for the variation;
(d)the date delegates resolved the variation;
(e)the names and brigades of delegates present.
(5)The Authority may approve an application received under subregulation (3).
21Brigade rules
(1)A brigade, with the approval of the Authority, may—
(a)adopt rules to govern the administration and management of the brigade; and
(b)amend rules adopted under paragraph (a).
(2)A rule adopted or amended under subregulation (1) must not be inconsistent with the Act or these Regulations or any model rules made by the Authority under regulation 23(1)(a).
(3)The Authority may disallow or amend any rules that have been adopted by a brigade under subregulation (1) at any time.
(4)If a brigade has not adopted any rules under subregulation (1), the rules made by the Authority under regulation 23(1)(a) apply to that brigade.
22Rules for groups of brigades
(1)A group of brigades, with the approval of the Authority, may—
(a)adopt rules to govern the administration and management of the group; and
(b)amend rules adopted under paragraph (a).
(2)A rule adopted or amended under subregulation (1) must not be inconsistent with the Act or these Regulations or any model rules made by the Authority under regulation 23(1)(b).
(3)The Authority may disallow or amend any rules that have been adopted by a group of brigades under subregulation (1) at any time.
(4)If a group of brigades has not adopted any rules under subregulation (1), the rules made by the Authority under regulation 23(1)(b) apply to that group.
23Model rules
(1)Subject to the Act and these Regulations, the Authority may make model rules which govern the administration and management of—
(a)brigades; and
(b)groups of brigades.
(2)In making model rules under subregulation (1), the Authority must have regard to the importance of stability and consistency for members in the administration and management of brigades and groups of brigades.
(3)Before making model rules under subregulation (1), the Authority must—
(a)publish a draft of the proposed model rules on the Internet site of the Authority for not less than 6 months; and
(b)provide an opportunity for members to make comments and submissions on the proposed model rules.
(4)Subregulations (2) and (3) apply to the making of model rules from 2 February 2026.
24Uniforms
(1)Subject to subregulation (2), a member of a brigade who is in possession of any uniform or personal protective clothing belonging to the Authority must return that uniform or personal protective clothing to the Authority on leaving or retiring from the brigade.
(2)A member of a brigade who is in possession of any 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.
(3)Despite subregulation (2), the Chief Officer may direct a person to return any uniform to the Authority if—
(a)the person has had their enrolment cancelled; or
(b)the Chief Officer considers that the person is not a fit and proper person.
Division 2—Membership
25Categories of membership
A brigade may have the following categories of members—
(a)general members;
(b)junior members.
26Criteria for general membership
(1)This regulation applies to a person's eligibility—
(a)to join, or to transfer to, a brigade, including a newly formed brigade, as a general member; or
(b)to remain a general member of a brigade.
(2)A person is eligible if the person is—
(a)capable of performing the functions and duties of a member of the brigade without endangering the person's own safety or the safety of others; and
(b)16 years of age or more; and
(c)reasonably available to carry out the functions and duties of a member of a brigade; and
(d)a fit and proper person to be a member.
(3)The Authority may waive the requirement in subregulation (2)(b) if it considers that special circumstances exist.
27Criteria for junior membership
(1)A person who is 11 years of age or more, but less than 16 years of age, is eligible to be enrolled as a junior member of a brigade.
(2)A junior member—
(a)is not entitled to vote at brigade meetings or stand for election as an officer of a brigade or group of brigades; and
(b)may undertake activities including social activities, sporting activities, community service, fundraising and training in first aid and practical skills; and
(c)must not attend at a fire or other emergency.
28Application for enrolment as a member
(1)A person eligible to apply to join a brigade as a general member under regulation 26 or a junior member under regulation 27 may apply to the Authority for that membership.
(2)An application under subregulation (1) must be in writing and specify—
(a)the name of the brigade the applicant wishes to join; and
(b)the category of membership being applied for; and
(c)details of the proposed member, including their family and given names, home address, postal address, telephone number and email address; and
(d)details of any relevant medical conditions; and
(e)details of any current or past membership of brigades.
(3)An application under subregulation (1) to join a brigade as a member under the age of 18 years (whether as a general member or as a junior member) must be accompanied by the written consent of a parent or guardian of the applicant.
29Application for transfer between brigades
An application by a member to transfer membership from one brigade to another brigade must be made to the Authority in writing and specify—
(a)the applicant's name, address and membership number; and
(b)the name of the applicant's current brigade and the name of the brigade the applicant is seeking to transfer to; and
(c)details of any relevant medical conditions that the applicant has not previously notified the Authority of.
30Application for general membership by a junior member
(1)A junior member who has attained the age of 16 years or more may apply in writing to the Authority to join a brigade as a general member.
(2)An application made under subregulation (1) must specify—
(a)the applicant's name, address and membership number; and
(b)the name and number of the brigade that the applicant wishes to join.
(3)An application under subregulation (1) to join a brigade as a member under the age of 18 years must be accompanied by the written consent of a parent or guardian of the applicant.
31Enrolment of volunteers
(1)Subject to approval by the brigade referred to in a person's application, the Authority may enrol the person—
(a)as a general member of the brigade if the person meets the eligibility criteria specified in regulation 26; or
(b)as a junior member of the brigade if the person meets the eligibility criteria specified in regulation 27.
(2)A brigade may delegate the approval of a person's application to a brigade management team.
(3)Despite regulation 26(2), the Authority may enrol a person for the functions and duties specified by the Chief Officer if the Authority considers that the person is not physically or medically capable of performing all the duties of a member without endangering the person's own safety or the safety of others, but is capable of performing the duties specified by the Chief Officer.
(4)The Authority may, in respect of a person who is enrolled as a member of a brigade, limit the functions and duties for which the person is enrolled to those specified by the Chief Officer if the Authority considers that the person has become physically or medically incapable of performing all the duties of a member without endangering the person's own safety or the safety of others, but is capable of performing the duties specified by the Chief Officer.
(5)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.
32Probationary period
(1)Unless the Authority otherwise determines, the enrolment by the Authority of a person as a member of a brigade is probationary for the first 6 months.
(2)A person transferring from one brigade to another brigade who is not already on probation may apply to the Authority to have the period of probation referred to in subregulation (1) waived.
(3)The Authority may vary the probation period before the expiry of the probation period.
33Cancellation of enrolment of member on probation
The Authority may cancel the enrolment of a member on probation by written notice if the Authority receives a request from the brigade not less than 7 days before the expiry of the probation period.
34Resignation
(1)A member who wishes to resign from a brigade must notify the brigade or the Authority.
(2)A brigade that receives notification of the resignation of a member of the brigade must notify the Authority.
(3)If the Authority receives notification of the resignation of a member, the Authority must notify the member's brigade.
35Leave of absence
(1)A member who wishes to take a leave of absence must—
(a)for a leave of absence of less than 12 months, notify their brigade in writing; or
(b)for a leave of absence of 12 months or more, submit a written request to their brigade.
(2)A brigade that receives a written request for a leave of absence of 12 months or more must seek the approval of the Chief Officer.
(3)The Chief Officer may approve a request for a leave of absence of 12 months or more by written notice given to the brigade and the member seeking leave.
(4)A leave of absence approved under subregulation (3) must not be counted in determining a member's length of service with the Authority.
36Cancellation of enrolment
(1)The Authority may cancel the enrolment of a member if the Authority receives a request and sufficient evidence from the member's brigade that the member, for at least 12 months—
(a)has been absent without taking a leave of absence in accordance with regulation 35; or
(b)has not demonstrated sufficient interest in performing their functions as a member.
(2)The Authority may cancel the enrolment of a member if it is satisfied that the member is no longer a fit and proper person to be enrolled as a member.
(3)Before cancelling the enrolment of a member under subregulation (1) or (2), the Authority must be satisfied that the member has been afforded procedural fairness.
37Physical and medical 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 or medical capability; or
(b)the physical or medical capability of a person to perform the functions and duties of a member.
(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 functions and duties specified by the Chief Officer; and
(c)at the Authority's expense.
(3)The Chief Officer may suspend a member's enrolment if the member unreasonably refuses—
(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.
(4)A member suspended under subregulation (3) remains suspended until the Chief Officer is satisfied the member has undergone a medical examination or test or submitted a medical certificate (as the case requires).
(5)If a member knows, or becomes aware, of a matter which would significantly affect the member's capacity to perform their duties or functions as a member, the member must, as soon as practicable, advise the Chief Officer of the matter.
(6)The failure of a member to comply with subregulation (5) does not disqualify the member from receiving compensation under these Regulations.
38Training
A member must comply with the training requirements determined by the Chief Officer.
39Subcategories of membership
(1)The Chief Officer may—
(a)establish subcategories of membership; and
(b)specify the criteria applicable to each subcategory of membership; and
(c)specify the functions to be performed by members allocated to each subcategory of membership.
(2)The Chief Officer may allocate a general member to one or more subcategories of membership established under subregulation (1).
40Officer in charge of a brigade in certain circumstances
(1)This regulation applies if the captain of a brigade who is the officer in charge—
(a)resigns from the position or is disqualified from holding the position; or
(b)has had their enrolment suspended or restricted; or
(c)ceases to be a member.
(2)The Authority may appoint a person as the officer in charge of the brigade.
(3)If an officer in charge of a brigade has not been appointed by the Authority under subregulation (2), the highest ranking volunteer officer of the brigade is the officer in charge of the brigade.
(4)An appointment under subregulation (2) continues until the earlier of the following—
(a)a member is elected captain under regulation 47(2);
(b)the captain specified in subregulation (1) is, in the opinion of the Authority, able to return to the duties of office.
Division 3—Elections
Subdivision 1—Electronic voting
41Electronic voting
(1)The Authority may approve a system to enable electronic voting for the election of officers of brigades or groups of brigades under this Division.
(2)The Authority must not approve a system for electronic voting unless the Authority is satisfied that the system will—
(a)prevent any member, in the capacity of a member, from ascertaining the vote of another member; and
(b)prevent a person from voting more than once in any matter; and
(c)comply with the requirements of these Regulations.
(3)A brigade or group of brigades may decide by resolution prior to an election to use the system approved by the Authority for an election conducted under this Division.
Subdivision 2—Elections of officers of brigades
42Eligibility to stand for election
(1)A person is eligible to stand for election as an officer of a brigade (including the position of captain) if—
(a)the person is a general member; and
(b)their enrolment is not suspended.
(2)A member of a brigade is not eligible to stand for the position 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 met the requirements specified by the Chief Officer as requirements for that position.
(3)The Chief Officer may waive the requirements in subregulation (2).
(4)A member of a brigade is not eligible to stand for the position of lieutenant of a brigade unless—
(a)the member has met the requirements specified by the Chief Officer as requirements for that position; or
(b)the Chief Officer waives the requirements in paragraph (a).
43Elections 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 candidate for brigade officer must receive the votes of more than 50 per cent of the members present and eligible to vote 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 call for a second vote.
(5)If in the second vote 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.
44Seniority of officers of brigades
Each brigade must determine the relative seniority of the officers of that brigade.
45Brigade 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)A candidate for delegate must receive the votes of more than 50 per cent of the members present and eligible to vote 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, a maximum of 2 delegates from each brigade may vote on any matter arising for determination at the meeting.
46Term of office
(1)Subject to subregulation (2) and regulation 47, the term of office for an officer of a brigade is 2 years, commencing on the next 1 July following the election.
(2)If, at the expiration of the term of office of an officer of a brigade, no person has been elected to that position, the term of office of that officer of the brigade is extended until a person is elected to that position in accordance with these Regulations.
47Casual vacancies
(1)This regulation applies if, before the term of office for an officer of a brigade expires, the officer—
(a)resigns from the position or is disqualified from holding the position; or
(b)ceases to be a member.
(2)The brigade must, as soon as is practicable after receiving notice of a matter referred to in subregulation (1), elect a member to replace the officer.
(3)A member elected under subregulation (2) holds office for the remainder of the term of office of the replaced officer.
48Notification of the Authority
The secretary or captain of a brigade must notify the Authority of the result of an election of officers within 7 days after the election.
Subdivision 3—Elections of officers of groups of brigades
49Eligibility to stand for election
(1)A person is only eligible to stand for election as an officer of a group of brigades if—
(a)the person is a general member; and
(b)their enrolment is not suspended.
(2)A person is not eligible to stand for election to the position of officer of a group of brigades unless the member has—
(a)served as an officer of a brigade or as a deputy group officer for 2 years or more; and
(b)met the requirements specified by the Chief Officer as requirements for that position.
(3)A person is not eligible to stand for election to the position of deputy officer of a group of brigades unless the member has met the requirements specified by the Chief Officer as requirements for that position.
(4)The Chief Officer may waive the requirements in subregulations (2) and (3).
50Elections for officers of groups of brigades
(1)The Authority must determine which groups of brigades must hold elections for officers of the groups of brigades in years designated by—
(a)an odd number; or
(b)an even number.
(2)A group of brigades must hold an election for officers of the group in the month and the year determined by the Authority for the group.
(3)A candidate for the position of officer of the group of brigades must receive the votes of more than 50 per cent of the delegates present and eligible to vote 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 call for a second vote.
(5)If in the second vote 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.
51Deputy officers of groups
Each group of brigades must determine the relative seniority of the deputy officers of that group.
52Term of office
(1)Subject to subregulation (2) and regulation 53, the term of office for an officer of a group of brigades is 2 years, commencing on the next 1 July following the election.
(2)If, at the expiration of the term of office of an officer of a group of brigades, no person has been elected to that position, the term of office of that officer of the group is extended until a person is elected to that position in accordance with these Regulations.
53Casual vacancies
(1)This regulation applies if, before the term of office for an officer of a group of brigades expires, the officer—
(a)resigns from the position or is disqualified from holding the position; or
(b)ceases to be a member.
(2)The group of brigades must, as soon as is practicable after receiving notice of a matter referred to in subregulation (1), elect a member to replace the officer.
(3)A member elected under subregulation (2) holds office for the remainder of the term of office of the replaced officer.
54Notification of the Authority
An officer of a group of brigades or secretary of a group of brigades must notify the Authority of the result of an election of officers within 7 days after the election.
Division 4—Disciplinary action
Subdivision 1—Preliminary
55Grounds for disciplinary action
Each of the following is a ground for disciplinary action against a member of a brigade—
(a)the member has contravened the Act or these Regulations;
(b)if a brigade or group of brigades has contravened section 20A(2) of the Act, the member was involved in that contravention;
(c)if an association of persons has contravened section 26 of the Act, the member was involved in that contravention;
(d)the member has contravened a condition of their enrolment;
(e)the member has contravened a direction of the Chief Officer;
(f)the member has engaged in misconduct;
(g)the member has been negligent in performing their duties;
(h)the member, in performing their duties, has failed to meet the standard of competence or efficiency reasonably expected of a member of a brigade.
56Chief Officer may authorise persons to conduct disciplinary processes
(1)The Chief Officer may authorise a person to undertake a disciplinary investigation into the conduct of a member of a brigade.
(2)The Chief Officer may authorise a person to determine the outcome of a disciplinary investigation into the conduct of a member of a brigade.
(3)The Chief Officer may authorise a person to hear and determine a matter relating to the conduct of a member of a brigade.
57Continuation of disciplinary matters under old Regulations
(1)This regulation applies if, before the commencement of these Regulations, a member has engaged in conduct described in regulation 44 of the old Regulations and—
(a)the member has not yet been charged under regulation 48 of the old Regulations in relation to that conduct, whether or not the member is being investigated in relation to that conduct; or
(b)the member has been charged under regulation 48 of the old Regulations in relation to that conduct and the matter has not yet been heard; or
(c)a decision has been made under regulation 49(3) of the old Regulations and—
(i)the period for lodging an appeal referred to in regulation 53 of the old Regulations has not yet expired; or
(ii)the member has appealed that decision and the appeal has not yet been heard.
(2)On and from the commencement of these Regulations, this Division applies in relation to the conduct, including as follows—
(a)the Chief Officer, in accordance with Subdivision 2, may restrict the member from performing specified duties or suspend the member's enrolment;
(b)the conduct may be investigated, and an outcome of that investigation may be determined, in accordance with Subdivision 3;
(c)the matter may be heard and determined in accordance with Subdivision 4;
(d)the member may appeal any decision made in relation to the matter in accordance with Subdivision 5;
(e)any appeal may be heard and determined in accordance with Subdivision 5.
(3)Despite subregulation (2) and regulations 68(2) and 74(2), if a hearing officer or the Appeal Panel decides to take disciplinary action against the member in relation to the conduct, the hearing officer or Appeal Panel may take one or more disciplinary actions described in regulation 45 of the old Regulations against the member.
(4)In this regulation—
old Regulations means the Country Fire Authority Regulations 2014[1] as in force before their revocation.
Note
See also sections 28 and 30 of the Interpretation of Legislation Act 1984.
Subdivision 2—Interim restriction of duties or suspension
58Interim restriction of duties or suspension
(1)The Chief Officer may restrict a member of a brigade from performing specified duties if the Chief Officer believes that—
(a)the member may have engaged in conduct that is a ground for disciplinary action; and
(b)the restriction of duties is appropriate in the circumstances.
(2)The Chief Officer may suspend the enrolment of a member of a brigade if the Chief Officer believes that—
(a)the member may have engaged in conduct that is a ground for disciplinary action; and
(b)the suspension is appropriate in the circumstances.
(3)The Chief Officer must give written notice of an interim restriction or interim suspension to the member.
59Duration of interim restriction or suspension
An interim restriction or interim suspension continues in force until whichever of the following occurs first—
(a)the Chief Officer revokes the restriction or suspension;
(b)a referring officer makes either of the following determinations under regulation 63—
(i)that no further action is required in relation to the member's conduct;
(ii)that the matter be dealt with informally;
(c)a hearing officer makes a determination under regulation 68 in relation to the member's conduct.
60Review of interim restriction or suspension
(1)If, within 60 days after issuing an interim restriction or interim suspension, a disciplinary investigation has not yet been completed into the member's conduct, the Chief Officer must review the restriction or suspension to determine whether it should continue in force.
(2)After reviewing an interim restriction or interim suspension under subregulation (1), the Chief Officer may—
(a)continue the restriction or suspension; or
(b)in the case of an interim restriction, vary the restriction; or
(c)revoke the restriction or suspension.
(3)Within a reasonable period after making a decision under subregulation (2), the Chief Officer must give written notice of the decision and the reasons for that decision to the member.
(4)Nothing in this regulation prevents the Chief Officer from reviewing an interim restriction or interim suspension at any other time.
Subdivision 3—Investigation
61Investigation of member's conduct
(1)If the Chief Officer believes that a member of a brigade may have engaged in conduct that is a ground for disciplinary action, the Chief Officer or a person who is authorised under regulation 56(1) may investigate the member's conduct.
(2)On issuing an interim restriction or interim suspension to a member of a brigade, the Chief Officer must—
(a)investigate the conduct that led to the issuing of the restriction or suspension; or
(b)refer the conduct that led to the issuing of the restriction or suspension to a person who is authorised under regulation 56(1) for investigation.
62Conduct of disciplinary investigation
(1)A disciplinary investigation must be completed as soon as practicable.
(2)For the purposes of conducting a disciplinary investigation, the investigator, by written notice, may request a person to give information specified in the notice to the investigator.
63Outcome of disciplinary investigation
(1)As soon as practicable after the completion of a disciplinary investigation, a referring officer must—
(a)consider the written results of the investigation, including any evidence collected by the investigator that may be relevant to determining whether the member engaged in conduct that is a ground for disciplinary action; and
(b)make a determination about the outcome of the investigation that is specified in subregulation (2).
(2)The specified determinations are—
(a)if the referring officer reasonably believes that the member has not engaged in conduct that is a ground for disciplinary action, a determination that no disciplinary action is required; or
(b)if the referring officer reasonably believes that the member has engaged in conduct that is a ground for disciplinary action—
(i)if the referring officer reasonably believes that it is appropriate to deal with the member's conduct informally, a determination that the matter be dealt with informally; or
(ii)otherwise, a determination that the matter be referred to a hearing officer for a disciplinary hearing (a disciplinary referral).
(3)A referring officer who makes a determination about the outcome of a disciplinary investigation must not be the same person who completed that disciplinary investigation.
(4)A disciplinary referral must be in writing and specify—
(a)the proposed ground for disciplinary action; and
(b)details of the alleged conduct of the member.
(5)A referring officer who makes a disciplinary referral must give a copy of that referral to—
(a)the member; and
(b)if the referring officer is a person who is authorised under regulation 56(2), the Chief Officer.
Subdivision 4—Disciplinary hearing and determination
64Hearing officers
A hearing officer who conducts a disciplinary hearing in respect of a member's conduct must not be the same person who—
(a)completed the disciplinary investigation into that conduct; or
(b)referred that conduct to the hearing officer for the disciplinary hearing.
65Date for disciplinary hearing
(1)On receiving a disciplinary referral, the hearing officer must determine the date, time and place for hearing and determining the matter.
(2)The hearing officer must give written notice of the date, time and place of the disciplinary hearing to—
(a)the member who is the subject of the hearing; and
(b)the referring officer.
(3)Subject to subregulation (4), the date for the disciplinary hearing must be at least 28 days after written notice of the hearing is given under subregulation (2).
(4)If the member consents, the date for the disciplinary hearing may be within 28 days after written notice of the hearing is given under subregulation (2).
66Evidence for disciplinary hearing
At least 14 days before a disciplinary hearing, the referring officer must ensure that any evidence that may be relevant to determining whether the member engaged in conduct that is a ground for disciplinary action is given to—
(a)the member who is the subject of the hearing; and
(b)the hearing officer.
67Conduct of hearing
(1)Subject to these Regulations and any guidelines issued under subregulation (6), the hearing officer may determine the procedure of a disciplinary hearing, including whether any person may attend the hearing by audio visual link or audio link.
(2)Before a disciplinary hearing—
(a)the hearing officer may invite submissions from—
(i)the member who is the subject of the hearing; and
(ii)the referring officer; and
(iii)any other person whose submissions the hearing officer considers relevant for determining the matter; and
(b)if the member consents, the hearing officer may determine the matter on the basis of submissions.
(3)At a disciplinary hearing—
(a)the member who is the subject of the hearing is entitled to be present, to make submissions and to be represented; and
(b)the hearing officer must conduct the hearing with as little formality and technicality as the requirements of this Division and the proper consideration of the matter permit; and
(c)the hearing officer is not bound by rules of evidence but may inform themselves in any way the hearing officer thinks fit; and
(d)the hearing officer is bound by the rules of procedural fairness.
(4)Despite subregulation (3)(a), the hearing officer may conduct a disciplinary hearing without the presence or submissions of the member who is the subject of the hearing if the member is given a reasonable opportunity to make submissions and attend the hearing.
(5)The hearing officer may adjourn a disciplinary hearing if the hearing officer considers it necessary in the circumstances to do so.
(6)From time to time, the Chief Officer may issue guidelines relating to the procedure of a disciplinary hearing.
68Determination of matter and disciplinary action
(1)After conducting a disciplinary hearing, including a hearing on submissions only, the hearing officer must—
(a)if the hearing officer finds that the member has engaged in conduct that is a ground for disciplinary action, take one or more of the disciplinary actions specified in subregulation (2) against the member; or
(b)determine that no further action is required.
(2)The specified disciplinary actions are the following—
(a)to reprimand the member;
(b)to reduce the rank of the member;
(c)to remove the member from a position—
(i)that the member holds in a brigade or group of brigades; and
(ii)to which the member was elected or appointed;
(d)to impose specified conditions on the enrolment of the member, including a condition that—
(i)restricts the member from performing specified duties for a specified period; or
(ii)requires the member to complete specified training within a specified period;
(e)to restrict the member from holding a specified position in a brigade or group of brigades for a specified period;
(f)to suspend the enrolment of the member for a specified period;
(g)to recommend to the Authority that the Authority cancel the enrolment of the member.
(3)If a hearing officer makes a finding referred to in subregulation (1)(a), the member may make submissions about the disciplinary action to be taken against the member.
(4)If a hearing officer recommends to the Authority that the Authority cancel the enrolment of a member, the hearing officer must suspend the member's enrolment.
(5)A suspension under subregulation (4) continues in force until whichever of the following occurs first—
(a)the Appeal Panel varies or revokes the hearing officer's recommendation;
(b)the Authority makes a decision in relation to the cancellation of the member's enrolment.
(6)Within 28 days after a hearing officer makes a determination under this regulation, the hearing officer must give written notice of the determination to the member.
Subdivision 5—Appeals
69Appeal Panel
(1)There is an Appeal Panel that is constituted by—
(a)2 persons who are nominated by the chairperson of the Authority; and
(b)one person who is nominated by Volunteer Fire Brigades Victoria Incorporated.
(2)An officer or employee of the Authority is ineligible to be nominated to the Appeal Panel.
(3)One of the persons referred to in subregulation (1)(a) is to be the chairperson of the Appeal Panel.
70Appeal of determination to take disciplinary action
(1)A member of a brigade may appeal to the Appeal Panel against—
(a)a finding under regulation 68 that the member has engaged in conduct that is a ground for disciplinary action; or
(b)the disciplinary action that is taken against the member under regulation 68.
(2)An appeal under subregulation (1) must be made no later than 28 days after the member receives notice of the determination under regulation 68.
(3)An appeal under subregulation (1) must—
(a)be in the form approved by the chairperson of the Authority; and
(b)set out the reasons for the appeal and the outcome sought by the appellant.
(4)An appeal under subregulation (1) does not affect the operation of the determination under regulation 68 or prevent the taking of disciplinary action under that regulation.
71Dismissal of appeal
(1)The Appeal Panel may dismiss an appeal without a hearing if it is satisfied that the appeal is frivolous or vexatious.
(2)Within 28 days after dismissing an appeal under subregulation (1), the chairperson of the Appeal Panel must give written notice of the dismissal and the reasons for the dismissal to—
(a)the appellant; and
(b)the hearing officer who made the determination that was subject to appeal; and
(c)the Chief Officer.
72Notice of appeal hearing
(1)The Appeal Panel must determine the date, time and place for hearing an appeal.
(2)The chairperson of the Appeal Panel must give written notice of the date, time and place of the hearing of an appeal to—
(a)the appellant; and
(b)the hearing officer who made the determination that is subject to appeal; and
(c)the Chief Officer.
(3)Subject to subregulation (4), the date for the hearing of the appeal must be at least 28 days after written notice of the hearing is given under subregulation (2).
(4)If the member consents, the date for the hearing of the appeal may be within 28 days after written notice of the hearing is given under subregulation (2).
73Conduct of appeal hearing
(1)Subject to these Regulations and any guidelines issued under subregulation (6), the Appeal Panel may determine the procedure of the hearing of an appeal, including whether any person may attend the hearing by audio visual link or audio link.
(2)Before the hearing of an appeal—
(a)the Appeal Panel may invite submissions from—
(i)the appellant; and
(ii)the hearing officer who made the determination that is subject to appeal; and
(iii)the Chief Officer; and
(iv)any other person whose submissions the Appeal Panel considers relevant for determining the appeal; and
(b)if the appellant consents, the Appeal Panel may determine the appeal on the basis of submissions.
(3)At the hearing of an appeal—
(a)the appellant is entitled to be present, to make submissions and to be represented; and
(b)the Appeal Panel must conduct the hearing with as little formality and technicality as the requirements of this Division and the proper consideration of the matter permit; and
(c)the Appeal Panel is not bound by rules of evidence but may inform itself in any way it thinks fit; and
(d)the Appeal Panel is bound by the rules of procedural fairness.
(4)Despite subregulation (3)(a), the Appeal Panel may conduct the hearing of an appeal without the presence or submissions of the appellant if the appellant is given a reasonable opportunity to make submissions and attend the hearing.
(5)The Appeal Panel may adjourn the hearing of an appeal if the Appeal Panel considers it necessary in the circumstances to do so.
(6)From time to time, the chairperson of the Authority may issue guidelines relating to the procedure for hearing an appeal.
74Determination of appeal
(1)After hearing an appeal, including a hearing on submissions only, the Appeal Panel must—
(a)confirm the finding and determination of the hearing officer under regulation 68; or
(b)vary the finding and determination of the hearing officer under regulation 68; or
(c)revoke the finding of the hearing officer under regulation 68 and determine that no further action is required.
(2)For the purposes of a decision under subregulation (1)(a) or (b), the Appeal Panel may take any disciplinary action specified in regulation 68(2) against the appellant that the Appeal Panel thinks appropriate.
(3)Within 28 days after making a decision under subregulation (1), the chairperson of the Appeal Panel must give written notice of the outcome of the appeal to—
(a)the appellant; and
(b)the hearing officer who made the determination that was subject to appeal; and
(c)the Chief Officer.
Subdivision 6—Suspension and cancellation
75Suspension for alleged offence or WWC exclusion
The Chief Officer may suspend the enrolment of a member of a brigade if—
(a)the Chief Officer is notified that Victoria Police or the police force of another jurisdiction is investigating the member in relation to the alleged commission of an indictable offence; or
(b)the member has been charged with an offence in Victoria or another jurisdiction that is punishable by a term of imprisonment; or
(c)the member has been given a WWC exclusion.
76Duration of suspension for alleged offence or WWC exclusion
(1)A suspension under regulation 75(a) continues in force until whichever of the following occurs first—
(a)the Chief Officer revokes the suspension;
(b)the member is charged with an offence in Victoria or another jurisdiction.
(2)The Chief Officer must revoke a suspension imposed under regulation 75(a) if the Chief Officer reasonably believes that the member is no longer being investigated in relation to the offence.
(3)If a suspension imposed under regulation 75(a) ends because the member is charged with an offence in Victoria or another jurisdiction, nothing in subregulation (1) prevents the Chief Officer from suspending the enrolment of the member under regulation 75(b).
(4)A suspension under regulation 75(b) continues in force until—
(a)the charge is withdrawn or dismissed; or
(b)the member is found not guilty of the offence; or
(c)the Chief Officer revokes the suspension; or
(d)the Authority makes a decision in relation to the cancellation of the member's enrolment.
(5)A suspension under regulation 75(c) continues in force until the WWC exclusion is no longer in force.
77Suspension and cancellation following finding of guilt
(1)Without limiting the Authority's powers under section 23 of the Act, the Authority may cancel the enrolment of a member of a brigade who is found guilty of an offence in Victoria or another jurisdiction that is punishable by a term of imprisonment.
(2)The Chief Officer may suspend the enrolment of a member who is found guilty of an offence in Victoria or another jurisdiction that is punishable by a term of imprisonment.
(3)A suspension under subregulation (2) continues in force until—
(a)the Chief Officer revokes the suspension; or
(b)the Authority makes a decision in relation to the cancellation of the member's enrolment.
78Restrictions during suspension
(1)This regulation applies to a member of a brigade whose enrolment is suspended under this Division.
(2)The member must not attend any meetings of a brigade, a group of brigades or the Authority during the period of suspension.
(3)The member must not participate in any events or activities conducted by a brigade, a group of brigades or the Authority during the period of suspension.
(4)The member must not wear any uniform or insignia belonging to the Authority during the period of suspension.
(5)The member must not enter any premises owned or occupied by the Authority during the period of suspension unless—
(a)an investigator has authorised the member to enter the premises for the purposes of an investigation under Subdivision 3; or
(b)a hearing officer has authorised the member to enter the premises for the purposes of a disciplinary hearing under Subdivision 4; or
(c)the Appeal Panel has authorised the member to enter the premises for the purposes of an appeal under Subdivision 5.
Division 5—Financial management
79Appointment of secretary and treasurer
(1)Subject to subregulations (3) and (4), a brigade must appoint—
(a)a secretary; and
(b)a treasurer.
(2)Subject to subregulations (3) and (4), a group of brigades must appoint—
(a)a secretary; and
(b)a treasurer.
(3)The secretary and the treasurer of a brigade or group of brigades, as the case requires, must be a member or an employee.
(4)A brigade or group of brigades, as the case requires, is not required to appoint a treasurer before 1 July 2026.
(5)The secretary and treasurer may be the same person.
80Financial records must be kept
The treasurer of a brigade or group of brigades, or the secretary of a brigade or group of brigades if a treasurer has not been appointed, must ensure that proper accounts and records of the financial transactions, affairs and assets of the brigade or group are kept.
81Financial directions
(1)The Chief Executive Officer may give written directions to a brigade or group of brigades in respect of financial management and record keeping.
(2)A brigade or group of brigades must comply with a direction given by the Chief Executive Officer under subregulation (1) as soon as practicable after being given the direction.
82Financial statements to be prepared and submitted to the Authority
(1)As soon as practicable after the end of each financial year, the treasurer must prepare financial statements that show the financial operations and financial position of the brigade or group of brigades for that year, and submit the financial statements to the Authority not later than the date specified by the Chief Executive Officer.
(2)The Chief Executive Officer must give at least 28 days written notice of a date specified under subregulation (1).
(3)Financial statements submitted under subregulation (1) must be in the form specified by the Chief Executive Officer.
83Authorisation to collect money
For the purposes of section 102 of the Act—
(a)an authorisation to collect contributions or subscriptions for the purposes of any brigade, group of brigades or association granted to an employee or member must specify the person or class of persons to whom the authorisation is granted; and
(b)an authorisation to collect contributions or subscriptions granted to a person other than a person referred to in paragraph (a) must contain—
(i)the name, address and phone number of the person or persons to whom the authority is granted; and
(ii)the reason for the authorisation; and
(iii)the proposed date or dates of collection; and
(iv)the brigade, group or association that the funds are being collected on behalf of.
84Property of a brigade or group of brigades—deregistration
If the registration of a brigade or group of brigades is cancelled by the Authority—
(a)subject to paragraph (b), any personal property vested in a person on behalf of the brigade or group of brigades must be distributed as determined by the Authority after consultation with the brigade or group; and
(b)any property referred to in paragraph (a) must not be distributed among the members of the brigade or group of brigades.
PART 5—FORESTRY INDUSTRY BRIGADES
85Responsibilities of a forestry industry brigade
A forestry industry brigade is responsible for fire suppression on the plantation holdings of the relevant owner or group of relevant owners who formed the brigade only.
86Designation 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 and Community Safety 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 on a map the area to be designated.
(6)The Authority must keep a register of designated areas for forestry industry brigades available on the Internet site of the Authority.
(7)The Authority may vary the designated area of a forestry industry brigade after consulting with the relevant owner or group of relevant owners.
87Criteria 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.
88Requirement for formation of forestry industry brigades
(1)A requirement by the Authority under section 23AA(2) of the Act must be made by written notice and include the following information—
(a)the reasons why the Authority requires the relevant owner or group of relevant owners in a designated area to form a forestry industry brigade;
(b)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;
(c)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;
(d)the Authority's operational and administrative requirements of the relevant owner or group of relevant owners;
(e)that the relevant owner or group of relevant owners must apply to the Authority for registration of the forestry industry brigade;
(f)that the relevant owner or group of relevant owners may apply to VCAT 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 notice under subregulation (1) must be given to the relevant owner or each relevant owner in the group of relevant owners to whom the requirement under section 23AA(2) of the Act is directed.
89Minimum requirements for apparatus
(1)The minimum requirement for apparatus for a forestry industry brigade is, in relation to a relevant owner to whom regulation 87(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)Subject to subregulation (3), the minimum requirement for apparatus for a forestry industry brigade is, in relation to a relevant owner or group of relevant owners to whom regulation 87(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)The Authority may vary the minimum requirement for apparatus to be provided under section 23AA of the Act by a relevant owner or group of relevant owners to whom regulation 87(3) applies, having 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 87(3)(c).
90Application for registration of a forestry industry brigade
For the purposes of section 23AA(2)(b) of the Act, an application for the registration of a forestry industry brigade must—
(a)specify the name and contact details 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; and
(b)specify 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; and
(c)include a list of the apparatus to be used by the brigade for undertaking the responsibilities of the forestry industry brigade.
91Requirement to notify Authority of changes
(1)A relevant owner or group of relevant owners must ensure the Authority is notified of any changes to the information under regulation 90(a) within 14 days after any change.
(2)A person or persons who cease to be a relevant owner or group of relevant owners in relation to a designated area must ensure the Authority is notified of this change within 14 days after they cease to be a relevant owner or group of relevant owners.
(e)relevant fire station and key peg numbers (if provided by the Authority);
(f)date of modification.
(2)For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) is within 24 hours after the modification.
150Information in the case of an alarm disconnection
(1)For the purposes of section 50AA(1) of the Act, the following information is the prescribed information in the case of an alarm disconnection or proposed disconnection—
(a)the name of the alarm monitoring service;
(b)customer details, including entity name, postal address, contact name, email address and telephone number;
(c)alarm details, including the following (if available)—
(i)alarm number;
(ii)input device numbers;
(iii)input device alarm types;
(iv)input device locations;
(v)whether or not the input is an automatic alarm;
(d)whether the disconnection relates to all or part of the alarm system and, if appropriate, which part or parts are being disconnected;
(e)the date of the proposed disconnection;
(f)whether the disconnection is, or is to be, permanent or temporary;
(g)the building permit number (if applicable);
(h)details of the site being monitored;
(i)reasons for the disconnection.
(2)For the purposes of section 50AA(1) of the Act—
(a)in the case of an alarm being disconnected pursuant to a building permit issued under the Building Act 1993, the prescribed period for providing the information in subregulation (1) is within 24 hours after the disconnection of the alarm; and
(b)in any other case, the prescribed period for providing the information in subregulation (1) is 6 weeks before the proposed disconnection of the alarm.
151Information in the case of failure of alarm monitoring system
(1)For the purposes of section 50AA(1) of the Act, in the case of a failure by an alarm monitoring system to be able to automatically process and transmit an alarm of fire, the prescribed information is the alarm monitoring service and the time and date of the failure.
(2)For the purposes of section 50AA(1) of the Act, in the case of the reinstatement of a failed alarm monitoring system, the prescribed information is the time and date of the reinstatement.
(3)For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) is within 15 minutes of the failure of the alarm monitoring system.
(4)For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (2) is within 1 hour of the reinstatement of the failed alarm monitoring system.
152Isolation and testing data
(1)For the purposes of section 50AA(1) of the Act, the prescribed information in the case of a review of the isolation and testing records of all alarms connected to an alarm monitoring service is the raw data generated by alarm signalling equipment connected to the alarm monitoring service regarding the isolation and testing of the equipment.
(2)For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) is within 5 working days after the review.
153Information for verification purposes
(1)For the purposes of section 50AA(1) of the Act, the prescribed information in the case of the verification of all alarms connected to an alarm monitoring service is the raw data generated by alarm signalling equipment connected to the alarm monitoring service in relation to the following—
(a)the name of the alarm monitoring service;
(b)customer details, including entity name, postal address, contact name, email address and telephone number;
(c)details of the site being monitored, including the name, street, nearest cross-street, suburb, Persistent Feature Identifier and GPS coordinates;
(d)details of each alarm, including the following (if available)—
(i)alarm number;
(ii)alarm signalling equipment address;
(iii)alarm signalling equipment location;
(iv)input device numbers;
(v)input device alarm types;
(vi)input device locations;
(vii)whether or not the input is an automatic alarm;
(e)the fire station and key peg numbers (if provided by the Authority).
(2)For the purposes of section 50AA(1) of the Act, the prescribed period for providing the information in subregulation (1) is within 24 hours after the verification.
PART 10—COMMUNITY FIRE REFUGES
154Places prescribed to be community fire refuges
For the purposes of the definition of community fire refuge in section 50A of the Country Fire Authority Act 1958, the following places are prescribed—
(a)the Blackwood Community Fire Refuge, being the building known as the Blackwood Country Fire Authority Station located at 2 Terrill Street, Blackwood in the Shire of Moorabool, shown hatched on the sketch plan in Schedule 7;
(b)the East Warburton Community Fire Refuge, being the building known as the Library and Learning Centre at the Millwarra Primary School—East Warburton Campus located at 397 Woods Point Road, East Warburton in the Shire of Yarra Ranges, shown hatched on the sketch plan in Schedule 8;
(c)the Ferny Creek Community Fire Refuge, being the building known as the Library and Learning Centre at the Ferny Creek Primary School located at School Road, Ferny Creek in the Shire of Yarra Ranges, shown hatched on the sketch plan in Schedule 9;
(d)the Millgrove Community Fire Refuge, being the building known as the Wesburn‑Millgrove Country Fire Authority Station located at 3060 Warburton Highway, Millgrove in the Shire of Yarra Ranges, shown hatched on the sketch plan in Schedule 10;
(e)the Lavers Hill Community Fire Refuge, being the building known as the Otway Country Fire Authority Station located at
8–14 Lavers Hill-Cobden Road, Lavers Hill in the Shire of Colac Otway, shown hatched on the sketch plan in Schedule 11.
SCHEDULE 1—REGULATIONS REVOKED
Regulation 4
| S.R. No. | Title |
| 165/2014 | Country Fire Authority Regulations 2014 |
| 86/2021 | Country Fire Authority Amendment Regulations 2021 |
| 49/2024 | Country Fire Authority (Community Fire Refuges) Regulations 2024 |
SCHEDULE 2
Regulation 137
PERMIT FOR BURNING OF VEGETATION BY THE AUTHORITY DURING A FIRE DANGER PERIOD
(Not valid on a day of TOTAL FIRE BAN or when the Chief Officer has issued a direction not to light a fire pursuant to section 37A of the Country Fire Authority Act 1958 which applies to the land)
PERMIT granted to [insert name of Authority officer or member in charge of the burning operation] [insert rank/position] for the purpose of allowing Authority officers and members to light a fire or fires to burn the following specific material:
[describe types of vegetation to be burned e.g. grass, stubble, weeds, scrub, undergrowth and/or other vegetation] 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 [insert name of person or organisation] of [insert address]
at
[insert specific burn address or description and location of land].
This permit is granted subject to the following conditions:
1.The person in charge of the burning operation to which the permit relates must be in possession of the permit or a copy of it.
2.Notice of the 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 that includes or is contiguous with the area to be burned; and
(b) by calling Triple Zero Victoria on 1800 668 511 or by submitting a notification to burn on the Fire Permits Victoria website at firepermits.vic.gov.au.
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.
OR
*[if there is an authorised burn delivery plan for the burning activity to which the permit relates, insert the relevant minimum control line standards specified in the authorised burn delivery plan].
5.Every reasonable precaution must be taken to ensure 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 burning area must be adequately monitored; 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 measured at 2 metres above the ground—
OR
*[if there is an authorised burn delivery plan for the burning activity to which the permit relates, insert the relevant maximum temperature and wind values specified in the authorised burn delivery plan]—
(a)burning operations must not be commenced; or
(b)if burning operations have commenced, all fires must be extinguished as soon as possible.
8.All fires must be extinguished—
*before sunrise on the day following the day on which they were lit.
OR
*[if there is an authorised burn delivery plan for the burning activity to which the permit relates, insert the relevant date and time specified in the authorised burn delivery plan].
9.The holder of this permit must, on demand by the Chief Officer, the officer in charge of a brigade, a fire prevention officer, a municipal fire prevention officer, a forest officer, a police officer or a person authorised by the Chief Officer, produce this permit (or a copy of this permit) for inspection.
10.[Insert additional conditions, if any].
Dated at on
(Signed**) …………………………………….
[Insert full name and title] …………………………………
of the ………………………. [insert name of Fire Authority or Municipal Council or Administrative Unit or Public Authority, as applicable].
*Delete whichever is inapplicable. Only one option must be applicable for the relevant condition.
**Person authorised to grant this permit (Chief Officer/delegate, Fire Prevention Officer or Municipal Fire Prevention Officer).
| Notes: Under section 38(3) of the Country Fire Authority Act 1958, a person to whom a permit is issued must comply with each of the conditions and restrictions contained in the permit. Failure to comply with any condition or restriction is an offence. Under section 38(4) of the Country Fire Authority Act 1958, compliance with the conditions of a permit does not of itself relieve the holder of a permit from liability for any damage sustained by another person as a result of any fire lit by the holder of the permit pursuant to that permit. |
SCHEDULE 3
Regulation 138
PERMIT FOR BURNING VEGETATION DURING A FIRE DANGER PERIOD
(Not valid on a day of TOTAL FIRE BAN or when the Chief Officer has issued a direction not to light a fire pursuant to section 37A of the Country Fire Authority Act 1958 which applies to the land)
PERMIT granted to [insert name]
of…………………………………………………..[insert agency/ organisation name, if applicable] [insert address]
to light a fire or fires for the purpose of allowing the following specified material to be burned:………………………..[describe types of vegetation to be burned e.g. grass, stubble, weeds, scrub, undergrowth and/or other vegetation]
during the period commencing on [insert date] and ending on [insert date]
at
[insert specific burn 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 that includes or is contiguous with the area to be burned; and
(b) to the officer in charge of the fire brigade in whose area the burn is to take place by telephoning the officer on [insert telephone number]; and
(c) by calling Triple Zero Victoria on 1800 668 511 or by submitting a notification to burn on the Fire Permits Victoria website at firepermits.vic.gov.au.
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.
OR
*[if there is an authorised burn delivery plan for the burning activity to which the permit relates, insert the relevant minimum control line standards specified in the authorised burn delivery plan].
5.Every reasonable precaution must be taken to ensure 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 burning area must be adequately monitored; and
(b) an adequate number of persons 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 measured at 2 metres above the ground—
OR
*[if there is an authorised burn delivery plan for the burning activity to which the permit relates, insert the relevant maximum temperature and wind values specified in the authorised burn delivery plan]—
(a)burning operations must not be commenced; or
(b)if burning operations have commenced all fires must be extinguished as soon as possible.
8.All fires must be extinguished—
*before sunrise on the day following the day on which they were lit.
OR
*[if there is an authorised burn delivery plan for the burning activity to which the permit relates, insert the relevant date and time specified in the authorised burn delivery plan].
9.The holder of this permit must, on demand by the Chief Officer, the officer in charge of a brigade, a fire prevention officer, a municipal fire prevention officer, a forest officer, a police officer or a person authorised by the Chief Officer, produce this permit (or a copy of this permit) for inspection.
10.[Insert additional conditions, if any].
Dated at on
(Signed**) …………………………………….
[Insert full name and title] ……………………………………………………………………………..
of the ………………………. [insert name of Fire Authority or Municipal Council or Administrative Unit or Public Authority, as applicable].
*Delete whichever is inapplicable. Only one option must be applicable for the relevant condition.
**Person authorised to grant this permit (Chief Officer/delegate, Fire Prevention Officer or Municipal Fire Prevention Officer).
| Notes: Under section 38(3) of the Country Fire Authority Act 1958, a person to whom a permit is issued must comply with each of the conditions and restrictions contained in the permit. Failure to comply with any condition or restriction is an offence. Under section 38(4) of the Country Fire Authority Act 1958, compliance with the conditions of a permit does not of itself relieve the holder of a permit from liability for any damage sustained by another person as a result of any fire lit by the holder of the permit pursuant to that permit. |
SCHEDULE 4
Regulation 139(1)
PERMIT FOR BURNING SPECIFIED MATERIALS OR SUBSTANCES DURING A FIRE DANGER PERIOD
(Not valid on a day of TOTAL FIRE BAN or when the Chief Officer has issued a direction not to light a fire pursuant to section 37A of the Country Fire Authority Act 1958 which applies to the land)
PERMIT granted to [insert name] of
………………………………………………………..[insert address]
to light a fire or fires for the purpose of allowing the following specified material(s) to be burned: ……………………………………………………………..[describe materials or substances to be burned]
during the period commencing on [insert date] and ending on [insert date]
at
[insert specific burn address or description and location of land].
This permit is granted subject to the following conditions:
1. The holder of this permit must, on demand by the Chief Officer, the officer in charge of a brigade, a fire prevention officer, a municipal fire prevention officer, a forest officer, a police officer or a person authorised by the Chief Officer, produce this permit (or a copy of this permit) for inspection.
2. [Insert additional conditions, if any].
Dated at on
(Signed**) …………………………………….
[Insert full name and title] …………………………………
of the ………………………. [insert name of Fire Authority or Municipal Council, or Administrative Unit or Public Authority, as applicable].
**Person authorised to grant this permit (Chief Officer/delegate, Fire Prevention Officer or Municipal Fire Prevention Officer).
| Notes: Under section 38(3) of the Country Fire Authority Act 1958, a person to whom a permit is issued must comply with each of the conditions in the permit. Failure to comply with any condition is an offence. Under section 38(4) of the Country Fire Authority Act 1958, compliance with the conditions of a permit does not of itself relieve the holder of a permit from liability for any damage sustained by another person as a result of any fire lit by the holder of the permit pursuant to that permit. |
SCHEDULE 5
Regulation 143(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: [insert date not less than 7 days after expected service of the notice].
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 6
Regulation 143(2)(a)
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 not less than 7 days after expected service of the notice] 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.
SCHEDULE 7—BLACKWOOD COMMUNITY FIRE REFUGE
Regulation 154(a)
SCHEDULE 8—EAST WARBURTON COMMUNITY FIRE REFUGE
Regulation 154(b)
SCHEDULE 9—FERNY CREEK COMMUNITY FIRE REFUGE
Regulation 154(c)
SCHEDULE 10—MILLGROVE COMMUNITY FIRE REFUGE
Regulation 154(d)
SCHEDULE 11—LAVERS HILL COMMUNITY FIRE REFUGE
Regulation 154(e)
═════════════
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 2025, S.R. No. 72/2025 were made on 29 July 2025 by the Governor in Council under section 110 of the Country Fire Authority Act 1958, No. 6228/1958 and came into operation on 31 July 2025: regulation 3.
The Country Fire Authority Regulations 2025 will sunset 10 years after the day of making on 29 July 2035 (see section 5 of the Subordinate Legislation Act 1994).
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
There are no amendments made to the Country Fire Authority Regulations 2025 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
[1] Reg. 57(4) def. of old Regulations: S.R. No. 165/2014 as amended by S.R. No. 86/2021.
——
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 2025 is $16.81. 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.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty 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 penalty 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. 72/2025 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Definition of AS 1019 in regulation 5, and regulation 145(2) | Australian Standard AS 1019—2000, Internal combustion engines—Spark emission control devices, published by Standards Australia on 1 August 2000 before its cancellation on 19 October 2023 | The whole |
| Definition of AS 1687 in regulation 5, and regulation 145(1)(a)(iv) | Australian Standard AS 1687—1991, Knapsack spray pumps for firefighting, published by Standards Australia on 11 February 1991 before its cancellation on 30 June 2017 | The whole |
| Definition of AS/NZS 1841.1 in regulation 5, and regulation 145(1)(b)(iv) | Australian Standard and New Zealand Standard AS/NZS 1841.1:2007, Portable fire extinguishers—Part 1: General requirements, published by Standards Australia and Standards New Zealand on 31 August 2007 | The whole |
0
0
0