Fire Authorities (Amendment) Act 1997 (Vic)
Fire Authorities (Amendment) Act 1997
Act No. 24/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF THE COUNTRY FIRE AUTHORITY
ACT 1958 4
3. Principal Act 4 4. Definitions 4 5. New section 6A inserted 5 6A. Accountability of Authority 5 6. Officers and employees 5 7. New section 23AA inserted 5 23AA. Industry brigades 5 8. Municipal fire prevention committees 8 9. New sections 55A and 55B inserted 9 55A. Municipal fire prevention plans 9 55B. Audit of municipal fire prevention plan 9 10. New Part VA substituted 10 PART VA—APPEALS 10 Division 1—Country Fire Authority Appeals Commission 10 74A. Country Fire Authority Appeals Commission 10 74B. Function of the Commission 10 74C. Membership of Commission 8 74D. Term of appointment 10 74E. Remuneration and allowances 11 74F. Application of Public Sector Management Act 1992 11 74G. Vacancies 11 74H. Annual report of the Commission 12 Division 2—Appeals 12
74I. Rights of appeal 12 74J. Appeals to be by way of re-hearing 11
74K. Proceedings of the Commission 13 74L. Assistants in proceedings 13
i
Section Page
74M. Procedure on appeal 13 74N. Commission powers on appeal 14 74O. Costs 14 74P. Appeals against transfer 15 74Q. Promotion appeals 15 74R. Determination of Commission 15 74S. Authority and Chief Officer to give effect to determination 16
74T. Evidence of determination 16
11. Regulations 16 12. Industry brigades 17 13. New section 111 inserted 19 111. Transitional—appeals 19 14. Statute law revision 19 PART 3—AMENDMENT OF THE METROPOLITAN FIRE
BRIGADES ACT 1958 20
15. Principal Act 20 16. New section 2 inserted 20 2. Purposes 20 17. Definitions 20 18. Repeal of heading 21 19. New sections 6 to 21 substituted 23
6. Metropolitan Fire and Emergency Services Board 23 7. Functions of Board 23 8. Accountability of Board 24 9. Constitution of the Board 24
10. Term of appointment 24 11. Remuneration and allowances 25 12. Application of Public Sector Management Act 25 13. Vacancies 25 14. Acting members 26 15. Membership of Board not office or place of profit 26 16. Decisions not affected by certain matters 27 17. Immunity of members of Board 27 18. Meetings of the Board 25 19. Participation in meetings by telephone etc. 28 20. Resolutions without meetings 26 21. Conflicts of interest 30
20. Sections 22 and 23 repealed 32 21. Power to acquire land 32 22. Power of delegation 32 24B. Power of delegation 32 23. Section 25 repealed 32 24. General powers of Board 32 25. New section 25B inserted 33 25B. Employees of Board 33
ii
Section Page
26. New section 26 substituted 34 26. Formation of units 34 27. New heading substituted 34 28. New sections 28, 29, 30 and 31 substituted 34 28. Chief Executive Officer 34 29. Acting Chief Executive Officer 35 30. Delegation of powers of Chief Executive Officer 35 31. Chief Officer 36 29. Action on alarm of fire 36 30. Destruction etc. of building by Chief Officer 37 31. False alarm of fire 38 32. Repeal of heading and section 33A 38 33. Regulations 38 34. Repeal of section 35 39 35. New section 52 substituted 39 52. Units to be registered 39 36. Section 53 repealed 40 37. New sections 54 and 54A substituted 40
54. Damage done to be within policy 40
54A. Immunity from certain liabilities 40
38. New section 55D substituted 40 55D. Board may provide emergency prevention and response
service 40
39. Activities outside metropolitan fire district 41 40. New section 56 substituted 41 56. Extension and application of Act 41 41. Section 57 repealed 41 42. Removal of persons from burning premises 41 43. Rights to water 42 44. New section 61 substituted 42 61. Police to aid units 42 45. Section 62 repealed 43 46. Owner to give information 43 47. Fire prevention work 43 48. Offences relating to impersonation 44 49. Recovery and application of penalties 44 50. Section 78 repealed 44 51. Offences by members of the operational staff 44 52. New sections 78B substituted and sections 78C, 78D and 78E inserted 44 78B. Laying of charges 45 78C. Hearing of charges 45
iii
Section Page
78D. Decision of Chief Executive Officer 45 78E. Pay while suspended 46
53. New heading substituted 47 54. New section 79 substituted and sections 79A to 79S inserted 47 79. Metropolitan Fire and Emergency Services Appeals
Commission 47
79A. Function of the Commission 47 79B. Membership of Commission 47 79C. Term of appointment 47 79D. Remuneration and allowances 48 79E. Application of Public Sector Management Act 1992 48 79F. Vacancies 48 79G. Annual report of the Commission 49 Appeals 49 79H. Rights of appeal 49
79I. Certain appeals to be by way of rehearing 49 79J. Proceedings of the Commission 46
79K. Assistants in proceedings 50 79L. Procedure on appeal 50 79M. Commission powers on appeal 51 79N. Costs 51 79O. Appeals against transfer 52 79P. Promotion appeals 52 79Q. Determination of Commission 53 79R. Board and Chief Executive Officer 53 79S. Evidence of determination 53
55. Repeal of sections 81(5), 81(6), 83, 85 and 86 53 56. References to Chief Fire Officer 53 57. References to officers 54 58. References to brigades 54 59. Statute law revision 54 60. New sections 94 to 98 inserted 54 94. Supreme Court—limitation of jurisdiction 54 Transitional Provisions 54 95. Superseded references 54 96. Metropolitan Fire Brigades Board 55 97. Chief Fire Officer 56 98. Transitional—appeals 56
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NOTES 58
iv
Victoria
No. 24 of 1997
Fire Authorities (Amendment) Act
1997†
[Assented to 20 May 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a)
to amend the Country Fire Authority Act 1958 to improve the operation and administration of that Act; and
Fire Authorities (Amendment) Act 1997
Act No. 24/1997
(b)
to amend the Metropolitan Fire Brigades Act 1958 to improve the operation and administration of that Act.
Fire Authorities (Amendment) Act 1997
| s. 2 | Act No. 24/1997 |
2. Commencement
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1998, it
comes into operation on that day.
_______________
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 3
PART 2—AMENDMENT OF THE COUNTRY FIRE
AUTHORITY ACT 1958
3. Principal Act
Act No. 6228
In this Part the Country Fire Authority Act 1958 Reprint No. 7 is called the Principal Act. as at
7 November
1996.
Further
amended by
Act No.
59/1996.
4. Definitions
(1) In section 3 of the Principal Act insert—
' "designated area" means an area designated by the Authority under section 23AA;
"industry brigade" means a brigade established under section 23AA;
"senior employee" means the holder of a position
designated by the Authority as a senior
position;".
(2) In section 3 of the Principal Act—
(a)
in the definition of "brigade" after "volunteer" insert "or industry brigade";
(b)
in the definition of "permanent brigade" after "members" insert "but does not include an industry brigade";
(c)
in the definition of "permanent officer or member" after "services" (where secondly occurring) insert "but does not include an officer or member of an industry brigade";
Fire Authorities (Amendment) Act 1997
| s. 5 | Act No. 24/1997 |
(d)
in the definition of "volunteer brigade" after "members" insert "but does not include an industry brigade";
(e)
in the definition of "volunteer officer or member" after "brigade" (where secondly occurring) insert "but does not include an officer or member of an industry brigade".
5. New section 6A inserted
After section 6 of the Principal Act insert—
"6A. Accountability of Authority(1) The Authority is subject to the general
direction and control of the Minister in the
performance of its functions and the exercise
of its powers.
(2) The Minister may from time to time give written directions to the Authority.".
6. Officers and employees
In section 17 of the Principal Act after "any time" insert "transfer,".
7. New section 23AA inserted
After section 23 of the Principal Act insert—
'23AA. Industry brigades
(1) The Authority may from time to time in
accordance with the regulations designate
areas in the country area of Victoria in which
it is appropriate to establish industry
brigades.
(2) The Authority may from time to time in
accordance with the regulations require any relevant owner or group of relevant owners in a designated area—
Fire Authorities (Amendment) Act 1997
Act No. 24/1997
(a)
to form an industry brigade for that area; and
Fire Authorities (Amendment) Act 1997
| s. 7 | Act No. 24/1997 |
(b)
to apply to the Authority for registration of the industry brigade; and
(c)
at the expense of the relevant owner or owners—
(i) members for the industry brigade
to provide such officers and Authority; and
(ii) to provide the industry brigade with such apparatus for the prevention or suppression of fires and the saving of life at fires as is determined by the Authority.
(3) A relevant owner must comply with a
requirement of the Authority directed to the
relevant owner under sub-section (2).
(4) A relevant owner may appeal to the
Administrative Appeals Tribunal against a requirement under sub-section (2) to form an industry brigade.
(5) The Authority, on the request of a relevant
owner or owners or on the failure of a
relevant owner or owners to comply with
sub-section (2), may—
(a)
form an industry brigade for the designated area in accordance with the requirements of sub-section (2); and
(b)
recover the costs of forming, equipping and maintaining that brigade from the relevant owner or owners as a debt due to the Authority.
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 8 (6) The Authority may register an industry
brigade and enrol the officers and members
of the brigade.
(7) The Authority may cancel the registration of an industry brigade if—
(a) the Authority determines that there is no longer a need for the brigade; or (b) the industry brigade fails to comply with the requirements of the Authority under this Act. (8) The Authority may cancel the enrolment of
any officer or member of an industry
brigade.
(9) A relevant owner or group of relevant
owners must not disband an industry brigade without the written consent of the Authority.
(10) In this section "relevant owner", in relation to a designated area means—
(a)
an owner of land in the designated area; or
(b)
an occupier of land in the designated area; or
(c)
a forest property owner under a forest property agreement (within the meaning of the Forestry Rights Act 1996) in respect of land in the designated area.'.
8. Municipal fire prevention committees
After section 55(b) of the Principal Act insert— "(c) to advise and make recommendations to the
municipal council in the preparation of its
municipal fire prevention plan;".
Fire Authorities (Amendment) Act 1997
| s. 9 | Act No. 24/1997 |
9. New sections 55A and 55B inserted
After section 55 of the Principal Act insert—
"55A. Municipal fire prevention plans
(1) A municipal council must prepare and
maintain a municipal fire prevention plan for
its municipal district in accordance with the
advice and recommendations of the
municipal fire prevention committee.
(2) A municipal fire prevention plan must
contain provisions in accordance with the
regulations—
(a)
identifying areas, buildings and land use in the municipal district which are at particular risk in case of fire; and
(b)
specifying how each identified risk is to be treated; and
(c)
specifying who is to be responsible for treating those risks; and
(d)
relating to any other matter prescribed for inclusion in the plan.
55B. Audit of municipal fire prevention plan
(1) A municipal fire prevention plan must be
audited by the Authority during the period every 3 years.
commencing 1 January 1998 and ending 31
(2) The audit must assess whether the plan
complies with the requirements of this Act
and the regulations.".
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 10
10. New Part VA substituted
For Part VA of the Principal Act substitute—
'PART VA—APPEALS
Division 1—Country Fire Authority Appeals
Commission
74A. Country Fire Authority Appeals
Commission
There is established a Commission to be
called the Country Fire Authority AppealsCommission.
74B. Function of the Commission
The function of the Commission is to hear
and determine any appeals made to it underDivision 2.
74C. Membership of Commission
(1) The Commission consists of up to 3
Commissioners appointed by the Governor
in Council.(2) One of the Commissioners is to be appointed as Senior Commissioner.
74D. Term of appointment
(1) Subject to this Act, a Commissioner holds
office for the period, not exceeding 3 years,
specified in the instrument of his or her
appointment.
(2) A Commissioner is eligible for
reappointment.
Fire Authorities (Amendment) Act 1997
| s. 10 | Act No. 24/1997 |
74E. Remuneration and allowances
A Commissioner (other than an officer or employee of the public service) is entitled to receive—
(a) remuneration; and
(b) travelling or other allowances—
from time to time fixed by the Governor in
Council.
74F. Application of Public Sector Management
Act 1992
The Public Sector Management Act 1992
(including Part 9) does not apply to a
Commissioner in respect of the office ofCommissioner.
74G. Vacancies
(1) A Commissioner may resign from office by
letter signed by the Commissioner and
delivered to the Minister.
(2) The office of Commissioner becomes vacant if the Commissioner—
(a) becomes bankrupt; or
(b)
is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an offence which, if committed in Victoria, would be so punishable.
(3) The Governor in Council, on the
recommendation of the Minister, may
remove a Commissioner from office if the
Commissioner—
Fire Authorities (Amendment) Act 1997
s. 10
s. 10
Act No. 24/1997
(a)
becomes incapable of performing his or her duties; or
(b)
is negligent in the performance of those duties; or
(c) engages in improper conduct; or
(d) is convicted of an offence.
74H. Annual report of the Commission
(1) The Commission must prepare a report in
respect of each year ending on 30 June on its
own work and activities for that year.
(2) The Commission must submit the report to the Minister not later than 30 September in that year.
Division 2—Appeals
74I. Rights of appeal
An officer or employee of the Authority appointed pursuant to section 17 (other than a senior employee) may appeal to the Commission against—
(a)
a suspension or removal imposed on him or her under section 17; or
(b)
a suspension, removal or penalty imposed by the Chairman or the Chief Officer under the regulations; or
(c)
a transfer of him or her other than a transfer for a period not exceeding 6 months; or
(d)
the promotion of another officer or employee to a vacant position below that of senior employee, to which he or she is eligible to be promoted and for which he or she has applied.
Fire Authorities (Amendment) Act 1997
| s. 10 | Act No. 24/1997 |
74J. Appeals to be by way of re-hearing
An appeal to the Commission under this Act is to be by way of re-hearing.
74K. Proceedings of the Commission
(1) An appeal is to be heard by the full
Commission or by a Commissioner sitting alone.
(2) For the purposes of sub-section (1), the
Senior Commissioner is to determine who is to hear the appeal.
74L. Assistants in proceedings
(1) The Commission may in each appeal be
assisted by a person nominated by the appellant.
(2) If the Authority or the appellant fails to
nominate a person under sub-section (1), the Commission may proceed to hear the appeal without that assistance.
(3) A person assisting the Commission under this section is entitled to be present during the whole of the appeal proceedings.
(4) A person assisting the Commission under
this section must advise the Commission on
any matter on which it seeks to be advised
but must not adjudicate on the matter before
the Commission.
74M. Procedure on appeal
(1) A person who has appealed to the
Commission under this Division may appear at the appeal or may be represented at the appeal by any person including a legal practitioner.
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 10 (2) If the appellant does not attend in person or
by a representative at the time and place
fixed for the hearing, the Commission may
proceed in his or her absence.
(3) At an appeal—
(a)
subject to this Act, the procedure of the appeal is at the discretion of the Commission; and
(b)
the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and
(c)
the Commission is not bound by the rules of evidence but may inform itself in any way it sees fit; and
(d)
the Commission is bound by the rules of natural justice.
74N. Commission powers on appeal
Sections 14 to 16 and 21A of the Evidence Act 1958 apply in respect of any appeal to the Commission under this Act as if the
Commission were a board appointed by the Commissioner hearing the appeal had the powers of the chairman of a board appointed by the Governor in Council.
74O. Costs
Each party to an appeal must bear—
(a) that party's own costs; and
(b)
the costs of any nominee of that party appointed to assist the Commission under section 74L.
Fire Authorities (Amendment) Act 1997
| s. 10 | Act No. 24/1997 |
74P. Appeals against transfer
(1) An appeal against an order of transfer does
not, prior to the determination of the appeal,
stay the operation of the order.
(2) An appeal against an order of transfer can only be made on the ground of hardship.
(3) The Commission must disallow an appeal
against an order of transfer if it is of the opinion that the transfer was in the best interests of the efficiency of the Authority.
(4) In this section "hardship" means financial or personal hardship caused to the appellant or the appellant's family by a requirement to move to a location distant from the
appellant's home.
74Q. Promotion appeals
(1) The Commission in determining an appeal
against the failure of the Authority to select a person for promotion must have regard to the merit of the person selected for promotion
and the appellant.
(2) In this section "merit" means—
(a) skills, knowledge, aptitude and
experience relevant to the requirements
of the position; and(b) special qualifications, fitness (including
physical fitness), diligence and good
conduct.
74R. Determination of Commission
The Commission—
(a)
must hear and determine an appeal under this Division; and
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 11 (b) may—
(i) allow the appeal; or
(ii) dismiss the appeal; or(iii) dismiss the appeal and vary the penalty or order, as the case may be.
74S. Authority and Chief Officer to give effect to
determination
The Authority and the Chief Officer must
give effect to a determination of theCommission.
74T. Evidence of determination
A document purporting to record a determination of the Commission and to be signed by a Commissioner is in all courts of law evidence of the determination and its making.".
11. Regulations
(1) After section 110(1)(a) of the Principal Act
insert—
"(aa) For determining which positions or classes
of positions with the Authority are senior
employee positions;".
(2) For section 110(1)(ba) of the Principal Act
substitute—
"(ba) For regulating appeals to the Country Fire
Authority Appeals Commission, including
the period and procedure for making anappeal;".
(3) In section 110(1)(n) of the Principal Act after
"volunteer brigades" (where first occurring) insert
"and industry brigades".
Fire Authorities (Amendment) Act 1997
| s. 12 | Act No. 24/1997 |
(4) After section 110(1)(n) of the Principal Act
insert—
"(na) For specifying the criteria for and the
method of designation of areas for the
formation of industry brigades;
(nb) For specifying the criteria for determining when an industry brigade should be formed;
(nc) For providing for the responsibilities and performance of industry brigades and the training and monitoring of industry brigades;
(nd) For providing the procedures for the
cancellation of an industry brigade and for
the responsibilities of relevant owners onthat cancellation;".
(5) After section 110(1)(za) of the Principal Act
insert—
"(zb) For prescribing the matters to be included in
a municipal fire prevention plan;".
12. Industry brigades
(1) In section 17A of the Principal Act after "brigade"
(where first occurring) insert "(other than an
industry brigade)".
(2) In section 20A(1) of the Principal Act after
"brigade" insert "(other than an industry
brigade)".
(3) After section 20B(2) of the Principal Act insert— "(3) This section does not apply in relation to an
industry brigade.".
(4) After section 22(4) of the Principal Act insert—
"(5) This section does not apply in relation to an
industry brigade.".
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 12 (5) After section 23A(4) of the Principal Act insert— "(5) This section does not apply to industry
brigades.".
(6) After section 42(3) of the Principal Act insert— "(4) This section does not apply to an industry
brigade.".
(7) In section 62 of the Principal Act for the
definition of "casual fire-fighter" substitute—
' "casual fire-fighter" means any person
(including an enrolled officer or member of than an industry brigade)—
an industry brigade but not including an
enrolled officer or member of any other
brigade) who without remuneration or
reward voluntarily engages in fire-fighting at
any fire in or outside Victoria with a
(a) at the request of an officer in charge of operations at the fire addressed to that person or to an organisation of which he or she is a member or employee; or (b) with the express or implied approval of an officer in charge of operations at the fire.'.
(8) In section 91(1) of the Principal Act after "brigade" insert "(other than an industry brigade)".
(9) After section 93B(2) of the Principal Act insert— "(3) This section does not apply to an industry
brigade.".
(10) In section 100(1) of the Principal Act after
"brigades" (where first occurring) insert "(other
than industry brigades)".
Fire Authorities (Amendment) Act 1997
| s. 13 | Act No. 24/1997 |
(11) After section 110(4) of the Principal Act insert—
"(5) In paragraphs (ca), (ea), (eb), (ec), (f) and (g)
of sub-section (1) "brigade" does not
include an industry brigade.".
13. New section 111 inserted
After section 110 of the Principal Act insert—
"111. Transitional—appeals
If—
(a)
an appeal had been lodged with the Country Fire Authority Appeal Tribunal under section 74B of this Act as in force before the commencement of section 13 of the Fire Authorities (Amendment) Act 1997; and
(b)
the appeal had not been heard before that commencement—
the Country Fire Authority Appeals appeal in accordance with this Act as in force immediately before that commencement and for that purpose has all the powers of the Country Fire Authority Appeal Tribunal. ".
14. Statute law revision
In section 94(2) of the Principal Act omit
"pursuant to section 41B or".
_______________
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 15
PART 3—AMENDMENT OF THE METROPOLITAN FIRE
BRIGADES ACT 1958
15. Principal Act
In this Part the Metropolitan Fire Brigades Act
Act No. 6315. Reprint No. 6
1958 is referred to as the Principal Act. as at 18
January 1996.
Further
amended by
Act
No. 59/1996.
16. New section 2 inserted
After section 1 of the Principal Act insert—
"2. Purposes
The main purposes of this Act are—
(a) suppression and fire prevention
services and emergency responseto provide for fire safety, fire and
(b)
to establish a Metropolitan Fire and Emergency Services Board.".
17. Definitions
(1) In section 3(1) of the Principal Act for the
definition of "Board" substitute—
' "Board" means the Metropolitan Fire and
Emergency Services Board;'.
(2) In section 3(1) of the Principal Act omit the definitions of "brigade", "officer" or "employee"',
Fire Authorities (Amendment) Act 1997
| s. 18 | Act No. 24/1997 |
"permanent fire brigade" and "volunteer fire
brigade".
(3) In section 3(1) of the Principal Act for the
definition of "chief fire officer" substitute—
' "Chief Officer" means the Chief Officer of the
Metropolitan Fire and Emergency Services;'.
(4) In section 3(1) of the Principal Act insert—
' "emergency" means an emergency due to the actual or imminent occurrence of an event which in any way endangers or threatens to
endanger the safety or health of any person
or which destroys or damages, or threatens to
destroy or damage, any property or
endangers or threatens to endanger the
environment or an element of the
environment, including, without limiting thegenerality of the foregoing—
(a)
an earthquake, flood, wind-storm or other natural event; and
(b) a fire; and
(c) an explosion; and
(d) a road accident or any other accident;
"operational staff" means all members of units; "senior operational staff" means all employees
of the Board employed in senior positions;
"senior position" means a position in a unit designated by the Board as a senior position;
"unit" means a fire or emergency service unit established under this Act;'.
(5) Section 3(2) of the Principal Act is repealed.
18. Repeal of heading
Fire Authorities (Amendment) Act 1997
Act No. 24/1997
For the heading "Metropolitan Fire Brigades
Board" immediately preceding section 6 of the
Principal Act substitute "Metropolitan Fire and
Emergency Services Board".
Fire Authorities (Amendment) Act 1997
| s. 19 | Act No. 24/1997 |
19. New sections 6 to 21 substituted
For sections 6 to 21 and the heading
"Proceedings of the Board" immediately
preceding section 18 of the Principal Act
substitute—"6. Metropolitan Fire and Emergency Services
Board
(1) There is established a Metropolitan Fire and Emergency Services Board.
(2) The Board—
(a)
is a body corporate with perpetual succession; and
(b) shall have a common seal; and
(c)
may sue and be sued in its corporate name; and
(d)
may acquire, hold and dispose of real and personal property for the purpose of performing its functions; and
(e)
may do and suffer all acts and things that bodies corporate may by law do and suffer and that are necessary or incidental for the performance of its functions.
7. Functions of Board
(1) The functions of the Board are—
(a) to provide for fire suppression and fire prevention services in the metropolitan fire district; and (b) to provide for emergency prevention metropolitan fire district; and
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 19
(c) to carry out any other functions conferred on the Board by or under this Act or any other Act. (2) The Board has all powers necessary to carry out its functions.
(3) The functions of the Board extend to any vessel berthed adjacent to land which by virtue of section 4(2) is part of the
metropolitan fire district.
8. Accountability of Board(1) The Board is subject to the general direction
and control of the Minister in the
performance of its functions and the exercise
of its powers.
(2) The Minister may from time to time give written directions to the Board.
9. Constitution of the Board
(1) The Board consists of up to 7 members
appointed by the Governor in Council.(2) One of the members is to be appointed as President of the Board.
10. Term of appointment
(1) Subject to this Act, a member of the Board
holds office for the period, not exceeding 3
years, specified in the instrument of his or
her appointment.(2) A member of the Board is eligible for reappointment.
(3) The instrument of appointment may specify
terms and conditions of appointment not
inconsistent with this Act or the regulations.
(4) A member of the Board may be removed
from office by the Governor in Council.
Fire Authorities (Amendment) Act 1997
| s. 19 | Act No. 24/1997 |
11. Remuneration and allowances
(1) A member of the Board (other than an
officer or employee of the public service) is
entitled to receive—
(a) remuneration; and
(b) travelling or other allowances—
from time to time fixed by the Governor in
Council.(2) If a member of the Board is a member of the Legislative Council or the Legislative Assembly, the member is not entitled to the payment of any remuneration or allowances under this Act.
12. Application of Public Sector Management Act
The Public Sector Management Act 1992 (including Part 9) does not apply to a member of the Board in respect of the office of member.
13. Vacancies
(1) A member of the Board may resign from
membership by letter signed by the member
and delivered to the Minister.
(2) The office of a member of the Board
becomes vacant if the member—
(a)
without the approval of the Board, fails to attend 3 consecutive meetings of the Board; or
(b) becomes bankrupt; or
(c)
is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 19 offence which, if committed in
Victoria, would be so punishable.14. Acting members
(1) If a member of the Board is unable to
(2) An acting appointment is to be for any term perform the duties of his or her office, the act in the place of the member during the period of inability. and on any conditions determined by the
Governor in Council.(3) The Governor in Council may at any time terminate an acting appointment.
(4) An acting member has all the powers and
functions and may perform the duties of the
member for whom he or she is acting.
(5) An acting member is entitled to receive any
allowances fixed from time to time by the
remuneration or travelling or other member.
15.
Membership of Board not office or place of profit
A member of the Board must not, in respect of the office of member, be taken to hold an office or place of profit under the Crown
which would— (a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly;
(b)
make void the member's election to the Legislative Council or the Legislative Assembly;
Fire Authorities (Amendment) Act 1997
| s. 19 | Act No. 24/1997 |
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly;
(d)
subject the member to liability to a penalty under the Constitution Act 1975.
16. Decisions not affected by certain matters only because—
(a)
of a defect or irregularity in the appointment of a member or acting member; or
(b) of a vacancy in its membership; or
(c)
the occasion for the appointment of an acting member has ceased to exist.
17. Immunity of members of Board
(1) A member of the Board is not
personally liable for anything done or
omitted to be done in good faith—
(a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.
(2) Any liability resulting from an act or
omission that would but for sub-section
(1) attach to a member of the Board
attaches instead to the Board.
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 19 18. Meetings of the Board
(1) Meetings of the Board shall be held at thetimes and places determined by the Board. (2) The President must preside at any meeting of
the Board at which the President is present.
(3) If the President is not present at a meeting,the members present may elect one of their
number to preside at the meeting.
(4) Four members of the Board constitute a
quorum for meetings of the Board.(5) The functions of the Board may be
performed at a meeting at which there is a
quorum.(6) At a meeting a decision of the Board is the
decision of the majority of members present
and voting at the meeting and, if voting is
equal, the person presiding at the meeting
has a casting vote as well as a deliberative
vote.
(7) The Board must ensure that minutes are kept of each meeting.
(8) Subject to this Act, the Board may regulate its own proceedings.
19. Participation in meetings by telephone etc.
(1) The Board may permit its members to
participate in a particular meeting, or all
meetings, by—
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.
Fire Authorities (Amendment) Act 1997
Act No. 24/1997
(2) A member who participates in a meeting
under a permission under sub-section (1) is
deemed to be present at the meeting.
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 19 20. Resolutions without meetings
(1) If—
(a)
the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and
(b)
at least 4 members of the Board sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—
a resolution in those terms is deemed to have
been passed at a meeting of the Board held
on the day on which the document is signed
or, if the members referred to in paragraph
(b) do not sign it on the same day, on the day
on which the last of those members signs the
document.(2) For the purposes of sub-section (1), 2 or
more separate documents containing a
statement in identical terms, each of which is
signed by one or more members, are deemed
to constitute one document.
(3) If a resolution is deemed by this section to
have been passed at a meeting of the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution.
(4) The members referred to in sub-section (1)(b) must not include a member who, because of section 21, is not entitled to vote
on the resolution.
21. Conflicts of interest
(1) Whenever the Board is to make a decision on
a matter at a meeting, each member present
at the meeting must, before the matter is
Fire Authorities (Amendment) Act 1997
| s. 19 | Act No. 24/1997 |
considered, declare any direct or indirect
pecuniary interest that he or she has in the
matter.Penalty: 5 penalty units.
(2) The Board or the President must cause the
declaration to be tabled at that meeting or at the next meeting of the Board and the person presiding at that meeting must cause the
declaration to be recorded in the minutes ofthe meeting.
(3) A member who has a conflict of interest in a
matter—
(a) must not be present during any deliberations on the matter, unless a full declaration of the interest has been made and the Board directs otherwise; and (b) is not entitled to vote on the matter. (4) A member who has a conflict of interest in a
matter must not be present during any
deliberations leading to a direction, or take
part in making a direction under sub-section(3)(a).
(5) If a member votes on a matter in
contravention of sub-section (3)(b), his or
her vote must be disallowed.(6) For the purposes of the section, a member is
not to be regarded as having a conflict of
interest—
(a)
in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 20
(b)
in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed $2000 or 1% of the total nominal value of beneficial interests in the company or body, whichever is the lesser.".
20. Sections 22 and 23 repealed
Sections 22 and 23 of the Principal Act are repealed.
21. Power to acquire land
For section 24A(2)(b) of the Principal Act
substitute—"(b) the Metropolitan Fire and Emergency
Services Board is the Authority.".
22. Power of delegation
For section 24B of the Principal Act substitute—
"24B. Power of delegation
The Board may, by instrument under its common seal, delegate to any employee or class of employees of the Board any responsibility, power, authority, duty or function of the Board under this Act or the regulations or under any other Act or regulations, other than this power of delegation.".
23. Section 25 repealed
Section 25 of the Principal Act is repealed.
24. General powers of Board
(1) For section 25A(4) of the Principal Act
substitute—
Fire Authorities (Amendment) Act 1997
| s. 25 | Act No. 24/1997 |
"(4) Sub-section (3)(a) does not apply to an agreement for the provision of goods or services by the Board to a unit or group of
units or to a person acting on behalf of a unit
or group of units.
(4A) The Board, with the written consent of the
Minister, may—
(a) arrangement with any person or body to
provide consultancy services in
enter into any agreement or any place outside Victoria; and
(b)
make any charge it thinks fit for those services.".
(2) In section 25A(5) of the Principal Act after "or
(b)" insert "or (4A)".
25. New section 25B inserted
After section 25A of the Principal Act insert—
"25B. Employees of Board
(1) The Board may from time to time—
(a)
employ any persons that it considers necessary to assist it in carrying out its functions under this Act or any other Act; and
(b)
transfer, promote, suspend or remove any employee.
(2) Every appointment or promotion of a
member of the operational staff is to be on
3 months' probation.".
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 26
26. New section 26 substituted
For section 26 of the Principal Act substitute—
"26. Formation of units(1) The Board may at any time and from time to
time establish fire or emergency services
units to assist it in carrying out its functions.
(2) A unit may consist of—
(a) persons employed by the Board; or
(b)
persons engaged under any contract or arrangement entered into by the Board; or
(c) both.
(3) A member of a unit is subject to the direction and control of the Chief Officer.".
27. New heading substituted
For the heading "Officers and Members of
Brigades" appearing before section 28 of the
Principal Act substitute "Chief ExecutiveOfficer and Chief Officer".
28. New sections 28, 29, 30 and 31 substituted
For sections 28, 29, 30 and 31 of the Principal Act
substitute—
"28. Chief Executive Officer(1) The Board must, with the approval of the
Minister, appoint a person as Chief
Executive Officer of the Board.
(2) The Chief Executive Officer holds office for
the period, not exceeding 5 years, specified in the instrument of his or her appointment.
Fire Authorities (Amendment) Act 1997
| s. 28 | Act No. 24/1997 |
(3) The Chief Executive Officer is responsible to
the Board for the carrying out of its
functions.
(4) The Chief Executive Officer must comply
with the directions of the Board. 29. Acting Chief Executive Officer (1) The Board must appoint a person to be the
Acting Chief Executive Officer of the
Board—
(a) while the office of Chief Executive Officer is vacant; or (b) during any period when the Chief Executive Officer is unable, by reason of illness or absence, to perform the functions of that office. (2) The Acting Chief Executive Officer has all the powers and functions and may perform the duties of the Chief Executive Officer
while he or she is acting, including any
power, function or duty as Chief Officer.30. Delegation of powers of Chief Executive Officer
The Chief Executive Officer may, by instrument, delegate to any person by name or to the holder of an office or position approved by the Board, any responsibility, power, authority, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation.
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 29 31. Chief Officer
(1) There is to be an officer to be called the
Chief Officer of the Metropolitan Fire and
Emergency Services.(2) The person for the time being holding the
office of Chief Executive Officer of the
Board is to be the Chief Officer of the
Metropolitan Fire and Emergency Services.".
29. Action on alarm of fire
(1) For section 32B(1) and (2) of the Principal Act
substitute—
"(1) For the purposes of this section, the ChiefOfficer is responsible for the control and direction of all members of units in the metropolitan district.
(2) On an alarm of fire being received by a unit,
those members of the unit specified by the equipment specified by the Chief Officer, proceed with all practical speed to the scene of the alarm of fire.".
(2) In section 32B(3) of the Principal Act—
(a)
for "senior fire-fighting officer" substitute "senior member of the operational staff";
(b)
for paragraph (b) substitute— "(b) shall have the control and direction of
any unit present and of all persons
assisting any unit or units at thescene;";
(c)
in paragraph (d) for "brigade or brigades" substitute "unit or units".
Fire Authorities (Amendment) Act 1997
| s. 30 | Act No. 24/1997 |
(3) In section 32B(5) of the Principal Act for "senior fire-fighting officer" substitute "senior member of the operational staff".
(4) For section 32B(6) of the Principal Act
substitute—
'(6) In this section, "senior member of the
operational staff", in relation to the scene
of an alarm of fire, means the person
determined in accordance with the directions
of Chief Officer to be the senior member of
the operational staff at the scene.'.
30. Destruction etc. of building by Chief Officer For section 32C(1) of the Principal Act substitute—
"(1) If a fire has been recently extinguished, the
Chief Officer may cause any building or structure—
(a)
which has been damaged by the fire; and
(b)
which the Chief Officer reasonably believes is or may become dangerous to life or property because of that damage—
to be shored up, pulled down or otherwise
destroyed or removed.
(1A) For the purposes of sub-section (1), the Chief Officer may do or cause to be done anything which the senior member of the operational staff at the scene of an alarm of fire may do or cause to be done under section
32B(3)(c).".
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 31
31. False alarm of fire
In section 32D(1) of the Principal Act—
(a)
in paragraphs (a) and (b) for "brigade" substitute "unit";
(b)
in paragraph (b) for "an officer" substitute "a member of the operational staff".
32. Repeal of heading and section 33A
(1) The heading "Payment of Wages and Salaries" immediately before section 33A of the Principal Act is repealed.
(2) Section 33A of the Principal Act is repealed.
33. Regulations
(1) In section 34(1) of the Principal Act—
(a)
paragraphs (a), (ca), (e), (f), (g), (l), (m), (p), (q), (r) and (w) are repealed;
(b)
for paragraphs (b) and (c) substitute— "(b) For the appointment, promotion,
probation, transfer, suspension and
removal of employees of the Board;
(ba) For the examination of employees of the Board and members of units;
(c) For regulating the duties and conduct of of units;";
(c)
in paragraph (i) omit "and companies or divisions of brigades";
(d)
for paragraph (k) substitute— "(k) For the establishment and registration
of fire or emergency service units;";
(e)
in paragraph (oa) for "other services rendered by officers of the Board" substitute
Fire Authorities (Amendment) Act 1997
| s. 34 | Act No. 24/1997 |
"any other services whatever rendered by the Board (whether within or outside Victoria)";
(f)
in paragraph (pa) after "prescribing" insert "the insignia and";
(g)
for paragraph (x) substitute— "(x) For appeals to the Metropolitan Fire
and Emergency Services Appeals
Commission, including the period andprocedure for making an appeal;
(xa) For hearings under section 78C;".
(2) In section 34(3) of the Principal Act for "section 6(2) of the Subordinate Legislation Act 1962" substitute "section 23 of the Subordinate
Legislation Act 1994".
34. Repeal of section 35
Section 35 of the Principal Act is repealed.
35. New section 52 substituted
For section 52 of the Principal Act substitute—
"52. Units to be registered
All units—
(a)
must conform to the laws affecting units; and
(b)
must be registered in the manner and subject to the conditions prescribed by the regulations; and
(c)
are subject to inspection by any employee of the Board who is authorised by the Board to carry out inspections.".
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 36
36. Section 53 repealed
Section 53 of the Principal Act is repealed.
37. New sections 54 and 54A substituted
For sections 54 and 54A of the Principal Act
substitute—
"54. Damage done to be within policyAny damage to property caused by the Chief Officer or by any member of any unit or by any unit in the lawful execution of any power conferred by this Act is deemed to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged despite any clause or condition to the contrary in that policy.
54A. Immunity from certain liabilities
The Chief Officer and any member of a unit are not personally liable for anything done or omitted to be done in good faith—
(a)
in the exercise of a power or the discharge of a duty under section 32B, 32C, 55, 55A, 55B, 55C, 55D or 55E; or
(b)
in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under that section.".
38. New section 55D substituted
For section 55D of the Principal Act substitute—
"55D. Board may provide emergency prevention
and response service
Without limiting any other power of the
Board under this Act, the Board may provide
Fire Authorities (Amendment) Act 1997
| s. 39 | Act No. 24/1997 |
emergency prevention and response services
within the metropolitan fire district.".
39. Activities outside metropolitan fire district
(1) In section 55E(1) and (2) of the Principal Act for
"brigade" (wherever occurring) substitute "unit".(2) After section 55E(2) of the Principal Act insert—
"(3) If the Minister directs the Board to provide
at a place outside the metropolitan fire
district (whether within Victoria or not), thean emergency prevention or response service to the direction and control of the person having authority in that place, may provide that service in that place.".
40. New section 56 substituted
For section 56 of the Principal Act substitute—
"56. Extension and application of ActFor the purposes of carrying out any function under section 55, 55A, 55B, 55C, 55D or 55E, the Board has all the powers (with any necessary modification or extension) which the Chief Officer has in relation to the prevention and suppression of fire or the protection of life and property in case of fire.".
41. Section 57 repealed
Section 57 of the Principal Act is repealed.
42. Removal of persons from burning premises
(1) For section 58(1) of the Principal Act
substitute—
"(1) A member of a unit or a member of the
police force may order any person who is not
a member of a unit or who is not acting
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 43 under the control or direction of a member of
a unit to withdraw from any premises then
burning or which are threatened by fire.
(1A) A person must comply immediately with an order given to the person under sub-section (1).".
(2) In section 58(2) of the Principal Act for "officer"
substitute "member".
43. Rights to water
In section 59 of the Principal Act for "its officers and servants and any brigade" substitute ", its operational staff and any unit".
44. New section 61 substituted
For section 61 of the Principal Act substitute—
'61. Police to aid units(1) Every member of the police force present at
any fire must support and assist the senior
member of the operational staff at thescene—
(a)
in the maintenance of the senior member's authority; and
(b)
in enforcing compliance by all persons with any order given by the senior member in the execution of his or her duty.
(2) All members of the police force are
authorised and required to aid units in the
execution of their duties.
Fire Authorities (Amendment) Act 1997
| s. 45 | Act No. 24/1997 |
(3) For the purpose of sub-section (2), members of the police force may—
(a) close any street in or near which a fire is burning; and (b) of their own volition or at the request of the senior member of the operational staff at the scene, remove any persons who interfere by their presence or otherwise with the operations of the unit. (4) In this section "senior member of the
operational staff" has the same meaning as
it has in section 32B.'.
45. Section 62 repealed
Section 62 of the Principal Act is repealed.
46. Owner to give information
In section 70(1) of the Principal Act—
(a)
for "Chief Fire Officer or any other officer" substitute "Chief Officer or any employee"; and
(b)
for "or officer" substitute ", officer or employee".
47. Fire prevention work
For section 72(3) of the Principal Act
substitute—'(3) Subject to the general direction and control
of the Chief Officer, the members of any
unit, with the consent of the relevant owner,
occupier, Minister, council or authority, may
carry out any work (including burning) that
the senior member of the operational staff in
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 48 the unit thinks necessary or expedient for the
prevention of the occurrence or spread of
fire.(4) In this section "senior member of the
operational staff" has the same meaning as
it has in section 32B.'.
48. Offences relating to impersonation
For section 75A(c) of the Principal Act
substitute—"(c) impersonate a member of a unit; or".
49. Recovery and application of penalties
(1) For section 77(1)(b) of the Principal Act
substitute—
"(b) if the fire prevention notice was served by
the Chief Officer or by any person
authorised by the Board.".
(2) In section 77(2) of the Principal Act omit "any officer of, or".
(3) In section 77(3)(b) of the Principal Act for "Chief Fire Officer" substitute "Chief Officer".
50. Section 78 repealed
Section 78 of the Principal Act is repealed.
51. Offences by members of the operational staff
In section 78A of the Principal Act for "An officer or member of a brigade" substitute "A member of the operational staff".
52. New sections 78B substituted and sections 78C, 78D and 78E inserted
For section 78B of the Principal Act substitute—
Fire Authorities (Amendment) Act 1997
| s. 52 | Act No. 24/1997 |
"78B. Laying of charges
(1) A member of the senior operational staff
may, after an investigation, lay a charge for
an offence under section 78A.
(2) The Chief Executive Officer may suspend
from duty with pay any person charged
under sub-section (1) until the charge is dealt
with under section 78D.
78C. Hearing of charges
(1) The Chief Executive Officer must hear a charge laid under section 78B.
(2) A member of the operational staff and any
other party to the hearing is entitled to be
represented at the hearing of the charge by a
legal practitioner or other person.
(3) The representative of a party may examine witnesses and address the Chief Executive Officer on behalf of the party.
(4) If the member of the operational staff does
not attend in person or by a representative at the time and place fixed for the hearing, the Chief Executive Officer may proceed in his or her absence.
78D. Decision of Chief Executive Officer
(1) If, after hearing the charge, the ChiefExecutive Officer is satisfied that the offence was committed, he or she may do any one or more of the following—
(a) reprimand the member concerned; or
(b)
reduce the position of the member concerned for such period as the Chief Executive Officer thinks fit; or
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s.52
(c)
impose a fine of not more than 40 penalty units; or
(d)
suspend the member from duty with or without pay for a period not exceeding 6 months; or
(e) dismiss the member concerned.
(2) If a fine is imposed under this section, the
amount of the fine may be deducted from the pay of the member fined but not more than ½ of a penalty unit may be deducted from the
pay attributable to any one week.
78E. Pay while suspended
(1) A member of the operational staff who has
been suspended from duty without pay under section 78D may engage in paid employment during the term of the suspension.
(2) All pay which accrues to a member during any period of suspension without pay must be withheld.
(3) If the Appeals Commission upholds an appeal by the member in respect of the charge for which he or she has been
suspended, all pay withheld under sub-
section (2) must be immediately paid to the
member, less any earnings received by the
member during the period of suspension.(4) If an appeal by the member is not upheld by
the Appeals Commission in respect of the
charge for which he or she has been
suspended or no appeal is lodged within the
prescribed time, all pay withheld under sub-
section (2) is forfeited unless the Appeals
Commission orders otherwise.".
Fire Authorities (Amendment) Act 1997
| s. 53 | Act No. 24/1997 |
53. New heading substituted
For the heading "Appeal Tribunal" immediately before section 79 of the Principal Act substitute "Metropolitan Fire and Emergency Services
Appeals Commission".
54. New section 79 substituted and sections 79A to 79S inserted
For section 79 of the Principal Act substitute—
'79. Metropolitan Fire and Emergency Services
Appeals Commission
There is established a Commission to be
called the Metropolitan Fire and EmergencyServices Appeals Commission.
79A. Function of the Commission
The function of the Commission is to hear and determine any appeal made to it under this Act.
79B. Membership of Commission
(1) The Commission consists of up to 3
Commissioners appointed by the Governor
in Council.(2) One of the Commissioners is to be appointed as Senior Commissioner.
79C. Term of appointment
(1) Subject to this Act, a Commissioner holds
office for the period, not exceeding 3 years,
specified in the instrument of his or her
appointment.
(2) A Commissioner is eligible for
reappointment.
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 54
79D. Remuneration and allowances
A Commissioner (other than an officer or employee of the public service) is entitled to receive—
(a) remuneration; and
(b) travelling or other allowances—
from time to time fixed by the Governor in
Council.
79E. Application of Public Sector Management
Act 1992
The Public Sector Management Act 1992
(including Part 9) does not apply to a
Commissioner in respect of the office ofCommissioner.
79F. Vacancies
(1) A Commissioner may resign from office by
letter signed by the Commissioner and
delivered to the Minister.
(2) The office of Commissioner becomes vacant if the Commissioner—
(a) becomes bankrupt; or
(b)
is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an offence which, if committed in Victoria, would be so punishable.
(3) The Governor in Council, on the
recommendation of the Minister, may
remove a Commissioner from office if the
Commissioner—
Fire Authorities (Amendment) Act 1997
| s. 54 | Act No. 24/1997 |
(a)
becomes incapable of performing his or her duties; or
(b)
is negligent in the performance of those duties; or
(c) engages in improper conduct; or
(d) is convicted of an offence.
79G. Annual report of the Commission
(1) The Commission must prepare a report in
respect of each year ending on 30 June on its
own work and activities for that year.
(2) The Commission must submit the report to the Minister not later than 30 September in that year.
Appeals
79H. Rights of appeal
A member of the operational staff may appeal to the Commission against—
(a)
a decision of the Chief Executive Officer under section 78D in relation to the member;
(b)
an order of transfer of the member, other than an order of transfer for a period not exceeding 8 weeks;
(c)
the failure of the Board to select the member (not being a member of the senior operational staff) for promotion
to a vacant position for which he or she
has applied.
79I. Certain appeals to be by way of rehearing
An appeal to the Commission under section
79H(a) or (c) is to be by way of re-hearing.
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 54
79J. Proceedings of the Commission
(1) An appeal is to be heard by the full
Commission or a Commissioner sitting
alone.
(2) For the purposes of sub-section (1), the
Senior Commissioner is to determine who is to hear the appeal.
79K. Assistants in proceedings
(1) The Commission may in each appeal be
assisted by a person nominated by the Board or the Chief Executive Officer and a person nominated by the appellant.
(2) If the Board or the Chief Executive Officer
(as the case requires) or the appellant fails to nominate a person under sub-section (1), the Commission may proceed to hear the appeal without that assistance.
(3) A person assisting the Commission under this section is entitled to be present during the whole of the appeal proceedings.
(4) A person assisting the Commission under
this section must advise the Commission on
any matter on which it seeks to be advised
but must not adjudicate on the matter before
the Commission.
79L. Procedure on appeal
(1) A member of the operational staff who has
appealed to the Commission or any other
party to the appeal may appear at the appeal
or may be represented at the appeal by any
person including a legal practitioner.
(2) If a member who is the subject of an appeal does not attend in person or by a
Fire Authorities (Amendment) Act 1997
| s. 54 | Act No. 24/1997 |
representative at the time and place fixed for the hearing, the Commission may proceed in his or her absence.
(3) At an appeal—
(a)
subject to this Act, the procedure of the appeal is at the discretion of the Commission; and
(b)
the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and
(c)
the Commission is not bound by the rules of evidence but may inform itself in any way it sees fit; and
(d)
the Commission is bound by the rules of natural justice.
79M. Commission powers on appeal
Sections 14 to 16 and 21A of the Evidence Act 1958 apply in respect of any appeal to the Commission under this Act as if the
Commission were a board appointed by the the appeal had the powers of the chairman of a board appointed by the Governor in Council.
Governor in Council and as if the Senior
79N. Costs
Each party to an appeal must bear—
(a) that party's own costs; and
(b)
the costs of any nominee of that party appointed to assist the Commission under section 79K.
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 54 79O. Appeals against transfer
(1) An appeal against an order of transfer may
only be brought on the ground that the
process used by the Board in determining the
transfer was not procedurally fair.
(2) An appeal against an order of transfer does
not, prior to the determination of the appeal,
stay the operation of the order.
(3) The Commission must disallow an appeal
against an order of transfer if it is of the opinion that the transfer was in the best interests of the efficiency of the Metropolitan
Fire and Emergency Service.
79P. Promotion appeals
(1) The Commission in determining an appeal against the failure of the Board to select a member of the operational staff for
promotion must have regard to the merit of
the person selected for promotion and the
appellant.(2) The Commission must disallow an appeal against the failure of the Board to select a member of the operational staff for
promotion if it is of the opinion that this was
in the best interests of the efficiency of theMetropolitan Fire and Emergency Service.
(3) In this section "merit" means—
(a) skills, knowledge, aptitude and
experience relevant to the requirements
of the position; and(b) special qualifications, fitness (including
physical fitness), diligence and good
conduct; and
Fire Authorities (Amendment) Act 1997
| s. 55 | Act No. 24/1997 |
(c) the performance of the person selected appointments.
79Q. Determination of Commission
The Commission—
(a)
must hear and determine an appeal under this Act; and
(b) may—
(i) allow the appeal; or
(ii) dismiss the appeal; or(iii) in the case of an appeal under section 79H(a) or (c), dismiss the appeal and vary the decision.
79R. Board and Chief Executive Officer
The Board and the Chief Executive Officer
must give effect to a determination of theCommission.
79S. Evidence of determination
A document purporting to record a determination of the Commission and to be signed by a Commissioner is in all courts of law evidence of the determination and its making.'.
55. Repeal of sections 81(5), 81(6), 83, 85 and 86
Sections 81(5), 81(6), 83, 85 and 86 of the
Principal Act are repealed.
56. References to Chief Fire Officer
In sections 31A(1), 32, 71, 88, 90, 92 and 93 of
the Principal Act for "Chief Fire Officer"
(wherever occurring) substitute "Chief Officer".
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 57
57. References to officers
(1) In sections 80, 81, 81A, 83 or 84 of the Principal Act omit "officer or" (wherever occurring).
(2) In section 82 of the Principal Act omit "officers
and".
(3) Section 80(2) of the Principal Act is repealed.
58. References to brigades
(1) In section 44(1) of the Principal Act for "fire
brigade" substitute "unit".
(2) In section 60(1) and (2) of the Principal Act for "brigade" substitute "unit".
(3) In section 76 of the Principal Act omit "brigade
and every".
59. Statute law revision
In section 40A of the Principal Act for "provisonal" substitute "provisional".
60. New sections 94 to 98 inserted
After section 93 of the Principal Act insert—
"94. Supreme Court—limitation of jurisdiction
It is the intention of section 54A to alter or
vary section 85 of the Constitution Act
1975.
Transitional Provisions
95. Superseded references Fire Authorities (Amendment) Act 1997, in any Act (other than this Act), or in any instrument made under any Act or in any other document of any kind—
Fire Authorities (Amendment) Act 1997
| s. 60 | Act No. 24/1997 |
(a) a reference to the Metropolitan Fire Brigades Board is deemed to be a reference to the Metropolitan Fire and Emergency Services Board; and (b) a reference to the Chief Fire Officer in relation to the Metropolitan Fire Brigades is deemed to be a reference to the Chief Officer of the Metropolitan Fire and Emergency Services; and (c) a reference to the Metropolitan Fire Brigades is deemed to be a reference to the Metropolitan Fire and Emergency Services; and (d) a reference to a brigade or fire brigade in relation to the Metropolitan Fire Brigades is deemed to be a reference to a fire or emergency service unit under this Act; and (e) Brigades Appeal Tribunal is deemed to
be a reference to the Metropolitan Firea reference to the Metropolitan Fire Commission.
96. Metropolitan Fire Brigades Board Fire Authorities (Amendment) Act 1997—
(a) the Metropolitan Fire Brigades Board is abolished and its members go out of office; and (b) the Metropolitan Fire and Emergency Services Board is the successor in law of the Metropolitan Fire Brigades Board; and
(c)
all rights, assets, liabilities and obligations of the Metropolitan Fire
Fire Authorities (Amendment) Act 1997
Act No. 24/1997 s. 60 Brigades Board immediately before its
abolition become rights, assets,
liabilities and obligations of the
Metropolitan Fire and Emergency
Services Board; and
(d) Services Board is substituted for the
Metropolitan Fire Brigades Board as a
party in any proceedings, contract,the Metropolitan Fire and Emergency or made by or against or in relation to the Metropolitan Fire Brigades Board; and
(e) Services Board may continue and
the Metropolitan Fire and Emergency or thing commenced by or against or in relation to the Metropolitan Fire Brigades Board.
97. Chief Fire Officer nature commenced under this Act as in force before the commencement of section 60 of the Fire Authorities (Amendment) Act 1997 by the Chief Fire Officer may be continued and completed on and after that commencement by the Chief Officer.
98. Transitional—appeals
If—(a)
an appeal had been lodged with the Metropolitan Fire Brigades Appeal Tribunal under this Act as in force
Fire Authorities (Amendment) Act 1997
| s. 60 | Act No. 24/1997 |
| before the commencement of section 60 of the Fire Authorities (Amendment) Act 1997; and |
(b)
the appeal had not been heard before that commencement—
the Metropolitan Fire and Emergency determine the appeal in accordance with this Act as in force immediately before that commencement and for that purpose has all the powers of the Metropolitan Fire Brigades Appeal Tribunal.".
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Fire Authorities (Amendment) Act 1997
Act No. 24/1997 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 3 April 1997
Legislative Council: 24 April 1997
The long title for the Bill for this Act was "to amend the Country Fire
Authority Act 1958 and the Metropolitan Fire Brigades Act 1958 andfor other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 3 April 1997
Legislative Council: 24 April 1997
Absolute majorities:
Legislative Assembly: 22 April 1997
Legislative Council: 13 May 1997
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0
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