Country Fire Authority (Volunteer Protection and Community Safety) Act 2003 (Vic)

Country Fire Authority (Volunteer Protection and

Community Safety) Act 2003

Act No. 17/2003

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	New section 30A inserted	2
30A.	Authorisation of certain persons	2

4.        Section 38A amended to clarify the meaning of "properly

constructed fireplace" 3
5.	New section 39E inserted—Prohibition of high fire risk activities 3
39E. Prohibition of high fire risk activities 3
6.	Amendment of section 40—total fire bans 4

7.        Amendment of section 40 to provide for exemption permit for

community charity organisations 5
8.	Amendment of section 60—simplification of process 5

9.        Amendment of section 64—limit on amount of compensation

to be determined by the Authority 5

10.

Sections 92 and 92A substituted—Immunity provision	6
92. Immunity provision	6

11.      Section 95 substituted—Immunity provision for persons acting

under certain circumstances 7

95. Immunity provision for persons acting under certain

circumstances 7

12.	New section 99B inserted—Special Recognition Award	7
99B.	Special Recognition Award	7

13.      Amendment of section 110 in relation to the compensation

scheme under the Regulations 8

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ENDNOTES 10

i

Victoria

No. 17 of 2003

Country Fire Authority (Volunteer

Protection and Community Safety) Act

2003†

[Assented to 13 May 2003]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Country for volunteers and to enhance community safety.

Country Fire Authority (Volunteer Protection and Community

Safety) Act 2003

Act No. 17/2003 s. 2

2. Commencement

(1) Subject to sub-section (2), this Act comes into operation on the day after the day on which it receives the Royal Assent.

(2) Sections 13(1) and 13(2) are deemed to have

come into operation on 30 June 1992.

3. New section 30A inserted

See:

After section 30 of the Country Fire Authority	Act No.
Act 1958 insert—	6228/1958. Reprint No. 10
"30A. Authorisation of certain persons	as at 24 May 2001

(1) This section applies to the following	and amending
persons—	Act Nos 50/1989,
(a) a forest officer;	27/2001, 32/2001,
(b) a person employed under section 18 or 19 of the Parks Victoria Act 1998;	9/2002 and 49/2002.
LawToday:
(c) a person employed in the Department of Sustainability and Environment	dpc.vic.
gov.au

under Part 3 of the Public Sector
Management and Employment Act
1998 by the Agency Head of that
Department within the meaning of that

Act.

(2) A person to whom this section applies may

exercise the powers of the Chief Officer

under section 30—

(a) at the direction of—

(i) a part-time officer or member; or

(ii) a permanent officer or member; or

(iii) a volunteer officer or member; or

Country Fire Authority (Volunteer Protection and Community
Safety) Act 2003

s. 4 Act No. 17/2003

(b) if the person believes that there is an imminent risk of fire occurring or a fire is burning in the country area of Victoria and none of the persons referred to in paragraph (a) are present at the scene.".

4.  Section 38A amended to clarify the meaning of "properly constructed fireplace"

After section 38A(1) of the Country Fire

Authority Act 1958 insert—

'(1A) For the purposes of sub-section (1),

"properly constructed fireplace" means a fireplace that is constructed of stone, metal, concrete or any other non-flammable
material so as to contain the perimeter of the
fire.'.

5.  New section 39E inserted—Prohibition of high fire risk activities

After section 39D of the Country Fire Authority

Act 1958 insert—

"39E. Prohibition of high fire risk activities

(1) A person must not—

(a) conduct; or

(b) engage in the conduct of—

a high fire risk activity in the open air in the country area of Victoria during a fire danger period except in accordance with the

regulations.

Penalty:  50 penalty units or imprisonment
for 12 months or both.

Country Fire Authority (Volunteer Protection and Community

Safety) Act 2003

Act No. 17/2003 s. 6

(2) Regulations made under this Act may—

(a)	prescribe an activity to be a high fire risk activity for the purposes of this section;
(b)	prescribe conditions subject to which a person may conduct or engage in the conduct of a high fire risk activity specified in the regulations in the open air in the country area of Victoria during a fire danger period;
(c)	provide that a person may conduct or engage in the conduct of a high fire risk activity specified in the regulations in the open air in the country area of Victoria during a fire danger period in accordance with a permit granted under the regulations which permits that specified high fire risk activity.".

6. Amendment of section 40—total fire bans

(1) After section 40(2) of the Country Fire

Authority Act 1958 insert—

"(2A) The Authority may transmit by electronic

means a declaration or any amendment
or revocation of a declaration to a
broadcasting station for broadcasting under

sub-section (2).".

(2) After section 40(14) of the Country Fire

Authority Act 1958 insert—

"(15) In any proceedings for an offence against

this section, it is sufficient for the purposes
of sub-section (13), if a certificate purporting
to be signed by the Chief Executive Officer
is given to which is attached a copy of the
declaration, or any amendment of the
declaration, made by the Authority and

Country Fire Authority (Volunteer Protection and Community
Safety) Act 2003

s. 7 Act No. 17/2003

transmitted under sub-section (2A) to a broadcasting station for broadcasting.".

7.  Amendment of section 40 to provide for exemption permit for community charity organisations

(1) After section 40(4E) of the Country Fire

Authority Act 1958 insert—

'(4F) For the purposes of sub-section (4E),

"person" includes a community charitable
organisation.'.

(2) In section 40(5) of the Country Fire Authority Act 1958, after "work of a" insert "community charitable organisation,".

8. Amendment of section 60—simplification of process

In section 60 of the Country Fire Authority Act
1958, for "upon the recommendation of the
Authority" substitute "under this Act".

9.  Amendment of section 64—limit on amount of compensation to be determined by the Authority

(1) In section 64(2) of the Country Fire Authority Act 1958, for "prescribed allowance" substitute "amount fixed by a general determination of the Authority".

(2) After section 64(2) of the Country Fire

Authority Act 1958 insert—

"(2A) A general determination made under sub-

section (2)—

(a)	must be published in the Government Gazette; and
(b)	has effect from the date that it is published in the Government Gazette; and
(c)	continues in force until it is revoked by a subsequent general determination.".

Country Fire Authority (Volunteer Protection and Community

Safety) Act 2003

Act No. 17/2003 s. 10

10. Sections 92 and 92A substituted—Immunity provision

For sections 92 and 92A of the Country Fire

Authority Act 1958 substitute—

"92. Immunity provision

(1) This section applies to—

(a) the Chief Officer;

(b)	any officer exercising the powers of the Chief Officer;
(c)

any officer or member of any brigade brigade;

(d) a volunteer auxiliary worker;

(e) a person to whom section 30A applies.

(2) A person to whom this section applies is not

personally liable for any thing done or

omitted to be done in good faith—

(a)	in the exercise of a power or the discharge of a duty under this Act or the regulations; or
(b)	omission was in the exercise of a power

in the reasonable belief that the act or Act or the regulations.

(3) Any liability resulting from an act or

omission that would but for sub-section (2)
attach to a person to whom this section
applies attaches to the Authority.".

Country Fire Authority (Volunteer Protection and Community
Safety) Act 2003

s. 11 Act No. 17/2003

11.  Section 95 substituted—Immunity provision for persons acting under certain circumstances

For section 95 of the Country Fire Authority

Act 1958 substitute—

"95. Immunity provision for persons acting

under certain circumstances

(1) A person complying with any direction given under this Act is not personally liable for any thing done or omitted to be done in

accordance with the direction and in good

faith.

(2) A person requesting or consenting to the

doing of any act, matter or thing by the
members of a brigade is not personally liable

for any thing done or omitted to be done—

(a)	in the exercise of a power or the discharge of a duty under this Act or the regulations; or
(b)	omission was in the exercise of a power

in the reasonable belief that the act or Act or the regulations.

(3) Any liability resulting from an act or

omission that would but for sub-section (1)
or (2) attach to a person to whom sub-section
(1) or (2) applies attaches to the Authority.".

12.  New section 99B inserted—Special Recognition Award

After section 99A of the Country Fire Authority

Act 1958 insert—

"99B. Special Recognition Award

(1) The Authority may award a Special Recognition Award to a brigade in recognition of—

Country Fire Authority (Volunteer Protection and Community

Safety) Act 2003

Act No. 17/2003 s. 13

(a) outstanding community service; or

(b) other significant activities performed by the brigade which have had a positive impact on an individual or a group or the community as a whole.

(2) The Authority may—

(a) make an award at its discretion; or

(b) by public notice seek nominations from members of the public.

(3) A person may at any time nominate a

brigade to the Authority for consideration for
an award under this section.".

13.  Amendment of section 110 in relation to the compensation scheme under the Regulations

(1) For section 110(1)(g) of the Country Fire

Authority Act 1958 substitute—

"(g) for the establishment of a compensation

scheme for persons who are—

(i) volunteer officers; or

(ii) members of a brigade; or

(iii) brigade but have applied for
membership and are performing the

not formally enrolled as members of a brigade;

(ga) for the payment of compensation to a person

specified in paragraph (g) in the case of an
incident causing—

(i) personal injury to; or
Country Fire Authority (Volunteer Protection and Community
Safety) Act 2003

s. 13 Act No. 17/2003

(ii)  destruction, damage or loss of personal property owned by, or in the possession or control of—

that person;

(gb) for the payment of compensation to the

spouse, domestic partner, family and
dependents of a person specified in
paragraph (g) in the case of an incident

causing the death of that person;".

(2) Section 110(4) of the Country Fire Authority

Act 1958 is repealed.

(3) After section 110(5) of the Country Fire

Authority Act 1958 insert—

"(6) The Country Fire Authority Regulations 1992, Statutory Rule No. 180/1992, are deemed to have been made under this section

as amended by sections 13(1) and 13(2) of
the Country Fire Authority (Volunteer
Protection and Community Safety) Act

2003.".

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Country Fire Authority (Volunteer Protection and Community

Safety) Act 2003

Act No. 17/2003 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 19 March 2003

Legislative Council: 6 May 2003

The long title for the Bill for this Act was "to amend the Country Fire
Authority Act 1958 to improve protection for volunteers and to enhance
community safety."