Fire Rescue Victoria Act 1958 (Vic)
Version No. 132
Fire Rescue Victoria Act 1958
No. 6315 of 1958
Version incorporating amendments as at
1 July 2025
TABLE OF PROVISIONS
Section Page
1Short title and commencement
2Purposes
2AObjectives relating to interaction between fire services agencies
3Definitions
Fire Rescue Victoria fire district
4Fire Rescue Victoria fire district
4AFire District Review Panel
4BFire District Review Panel is a public entity
4CAppointment of members of the Fire District Review Panel
4DResignation of members of the Fire District Review Panel
4ECeasing to hold office—removal
4FRole of the Fire District Review Panel
4GReview of the Fire Rescue Victoria fire district
4HSecretary may recommend a review of the Fire Rescue Victoria fire district
4INotice of review of the Fire Rescue Victoria fire district
4JObject and procedures relating to review
4KProcedures if Fire District Review Panel considers that there is a change in fire risk
4LReport of review
4MMinister's determination on review
4NEffect of Minister's determination
5Duties and powers of councils and public authorities in relation to fire
5AMunicipal fire prevention officers and assistants
Fire Rescue Victoria
6Fire Rescue Victoria
7Functions of Fire Rescue Victoria
7AADuty to assist in major emergency
7AObjective
7ABEmergency Management Victoria
7ACCompliance with operational standards of Emergency Management Commissioner
7ADReport on compliance with operational standards developed by the Emergency Management Commissioner
7AEStrategic Action Plan
7BCompliance with incident management operating procedures
7CFire Rescue Commissioner and Deputy Fire Rescue Commissioners
8Accountability of Fire Rescue Victoria and the Fire Rescue Commissioner
9Appointment of Fire Rescue Commissioner
9ADeputy Fire Rescue Commissioners
9BCeasing to hold office
9CResignation
9DRemoval from office
9ESuspension from office
9FActing Fire Rescue Commissioner
9GActing Deputy Fire Rescue Commissioner
12Application of Public Administration Act 2004
16Decisions not affected by certain matters
17Immunity of Fire Rescue Commissioner
21Conflicts of interest
General powers and duties of Fire Rescue Victoria
24Power to purchase and sell property
24APower to acquire land
24BPower of delegation
25AGeneral powers of Fire Rescue Victoria
25BEmployees of Fire Rescue Victoria
25CSecondment agreements
26Formation of units
27Copies of annual report and special report
31ADelegation of powers by Fire Rescue Commissioner
32Powers of access
32AADuty to warn the community
Alarm of fire
32AMeaning of alarm of fire
32BAction on alarm of fire
32CDestruction of building by Fire Rescue Victoria
32DFalse alarm of fire
33False report of fire
33AStrategic Advisory Committee
33BAppointment of members of the Strategic Advisory Committee
33CStrategic Advisory Committee is a public entity
33DResignation of members of the Strategic Advisory Committee
33ECeasing to hold office—removal
33FRole of the Strategic Advisory Committee
33GStrategic Advisory Committee terms of reference
Regulations
34Power to make regulations
Financial
36Annual estimate of expenditure and revenue
37Contributions towards annual expenditure
46Borrowing by Fire Rescue Victoria
47Power of Minister in case of default
47AGuarantee of debentures of Fire Rescue Victoria
51Fire Rescue Victoria may establish funds
51AInvestment by Fire Rescue Victoria
General provisions
52Units to be registered
54Damage to be covered by fire insurance
54AImmunity from certain liabilities
55AFire Rescue Victoria may provide rescue and extrication services
55BFire Rescue Victoria may provide road accident rescue services
55CFire Rescue Victoria may provide protection services
55DFire Rescue Victoria may provide emergency prevention and response services
55EActivities outside Fire Rescue Victoria fire district
56Extension and application of Act
58Removal of persons from burning premises
59Rights to water
60Collection of contributions for units
61Police to aid Units
64Regulation of height of buildings
66ARecovery of charges for services
71Place where fire occurs
71ARestriction of access to fire area
72Fire Rescue Victoria or unit may carry out fire prevention work
72AInterstate fire brigades and international fire brigades
75Documents signed by Fire Rescue Commissioner to be evidence
75AOffences relating to impersonation
75BDamage or interference with fire indicator panel or other apparatus
75CObstruction of officers and damage to apparatus
76AEvidence of ownership or occupancy
77Recovery and application of penalties
78Alarm monitoring service to provide prescribed information
Discipline
78AOffences by officers or members
78BLaying of charges
78CHearing of charges
78DDecision of Fire Rescue Commissioner
78EPay while suspended
Fire Rescue Victoria Appeals Commission
79Fire Rescue Victoria Appeals Commission
79AFunction of the Commission
79BMembership of Commission
79CTerm of appointment
79DRemuneration and allowances
79EApplication of Public Administration Act 2004
79FVacancies
79GAnnual report of the Commission
Appeals
79HRights of appeal
79ICertain appeals to be by way of rehearing
79JProceedings of the Commission
79KAssistants in proceedings
79LProcedure on appeal
79MCommission powers on appeal
79NCosts
79OAppeals against transfer
79PPromotion appeals
79QDetermination of Commission
79RFire Rescue Victoria to give effect to determination
79SEvidence of determination
Long service leave
80Definition
81Entitlement to long service leave
81APayment in lieu of long service leave
82Leave not to affect Fire Rescue Victoria's activities
84Provision in case of death before or during long service leave
Fire prevention notices
87Fire prevention notices
88Service of notices
89Objection to notices
90Appeal against notices
91Compliance with notices
92Fire prevention infringement notices
93Issue of notices
94Supreme Court—limitation of jurisdiction
Provisions relating to causing fires and other matters
94ACausing fire in the Fire Rescue Victoria fire district in extreme conditions of weather etc. an offence
94BCausing fire in the Fire Rescue Victoria fire district with intent to cause damage etc.
94CDirection not to light fire
94DPower of Fire Rescue Victoria to close roads
94EPower to direct extinguishment of fire
94FPower to arrest
Transitional provisions
95Superseded references
96Metropolitan Fire Brigades Board
97Chief Fire Officer
98Transitional—appeals
Transitional provisions relating to the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019
98ADefinitions
99Fire Rescue Victoria
100Fire Rescue Commissioner
101Transfer of staff
102Transfer of Country Fire Authority staff
103Transfer of other Country Fire Authority staff
104Superseded references
105Minister may direct Country Fire Authority to give an allocation statement
105AMinister may direct Country Fire Authority to give an allocation statement in respect of other Country Fire Authority staff
106Property, rights, liabilities and obligations allocated in accordance with allocation statement
107Allocation subject to encumbrances
108Substitution of party to agreement
109Country Fire Authority instruments
110Proceedings
111Interests in land
112Easements
113Action by Registrar of Titles
114Taxes
115Evidence
116Validity of things done under the transitional provisions
117Transitional provision relating to insignias
118Transitional provision relating to Metropolitan Fire and Emergency Services Appeals Commission
120Renaming of Act—Savings provision
Fire Services Implementation Monitor
121Definitions
122Establishment
123Appointment
124Remuneration and allowances
125Terms and conditions
126Acting appointment
127When Monitor ceases to hold office
128Suspension and removal
129Independence of the Monitor
130Preparation, tabling and publication of Implementation Plan
131Functions of the Monitor
132Powers of the Monitor
133Performance of functions of the Monitor
134Power to require information to be given
135Power of entry and inspection
136Duty to cooperate
137Constraints on access to information not to apply
138Use and disclosure of information
139Secretary may provide assistance
140Fire Rescue Victoria and the Country Fire Authority to prepare outcomes frameworks and quarterly updates
141Quarterly report to be prepared by the Monitor about updates
142Reports prepared by the Monitor
143Review of this Part
144Regulations
145Repeal of sections 121 to 144
146Transitional provision
Firefighters Registration Board
147Definitions
148Firefighters Registration Scheme
149Establishment of Firefighters Registration Board
150Appointment of members of the Firefighters Registration Board
151When member ceases to hold office
152Removal from office
153Independence of the Firefighters Registration Board
154Functions of the Firefighters Registration Board
155Validity of acts
156Powers of Firefighters Registration Board
157Use and disclosure of information
158Reports prepared by the Firefighters Registration Board
159Regulations
Schedules
Schedule 2
Schedule 3
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 132
Fire Rescue Victoria Act 1958
No. 6315 of 1958
Version incorporating amendments as at
1 July 2025
An Act to consolidate the Law relating to the Protection of Life and Property from Fire in the Metropolitan Fire District.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title and commencement
This Act may be cited as the Fire Rescue Victoria Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2Purposes
The main purposes of this Act are—
(a)to provide for fire safety, fire suppression and fire prevention services and emergency response services in the Fire Rescue Victoria fire district; and
(b)to establish Fire Rescue Victoria.
2AObjectives relating to interaction between fire services agencies
(1)It is the intention of the Parliament that Fire Rescue Victoria and the Country Fire Authority establish processes that will ensure that they—
(a)promote collaboration and coordination between fire services agencies to best meet the safety needs of the community; and
(b)recognise the importance of maintaining capacity to respond to peaks in demand for fire services within fire services agencies; and
(c)recognise and value the contribution of volunteer brigades; and
(d)recognise that both volunteer firefighters and career firefighters are vital to delivering safe and sustainable fire services; and
(e)maintain the ability of fire services agencies to respond to critical incidents, to prevent and suppress fires and to protect life and property.
(2)In this section, the expressions career firefighter and volunteer firefighter have the same meanings as in the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019.
3Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
applicable work program means a work program (within the meaning of the Emergency Management Act 2013) that applies to Fire Rescue Victoria;
Australian Fire Brigades Charges Scheme means the Scheme in operation from 1 April 1982 providing the procedure for reimbursement of Fire Brigade Charges established by the 1982 Agreement between the "Participating Underwriters" and the "Subscribing Brokers" as defined in that Agreement;
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change in fire risk, in relation to the Fire Rescue Victoria fire district or the country area of Victoria, means the following—
(a)a change in land use or development within the Fire Rescue Victoria fire district, or within the country area of Victoria, that may result in a material change to the risk of a fire occurring within the Fire Rescue Victoria fire district or the country area of Victoria;
(b)a demographic change or a change in demand for the services of a fire services agency, within the Fire Rescue Victoria fire district or the country area of Victoria, that may result in a material change to the risk of a fire occurring within the Fire Rescue Victoria fire district or the country area of Victoria;
(c)any other change in circumstances within the Fire Rescue Victoria fire district or the country area of Victoria that results or may result in a material change to the risk of a fire occurring within the Fire Rescue Victoria fire district or the country area of Victoria;
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country area of Victoria has the same meaning as in the Country Fire Authority Act 1958;
Country Fire Authority means the Authority appointed under section 6(1) of the Country Fire Authority Act 1958;
Deputy Fire Rescue Commissioner means a Deputy Fire Rescue Commissioner appointed under section 9A(1);
emergency has the same meaning as in section 3 of the Emergency Management Act 2013;
Emergency Management Commissioner means the Emergency Management Commissioner within the meaning of the Emergency Management Act 2013;
emergency management sector has the same meaning as in the Emergency Management Act 2013;
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fire includes—
(a)a hazardous material incident where the major or sole danger is the threat of fire up to the stage where there is no longer a threat of fire; and
(b)a toxic fire incident up to the stage where the fire has been effectively extinguished; and
(c)the threat of a fire re-igniting;
Fire District Review Panel means the panel established by section 4A;
fire prevention officer means a fire prevention officer appointed under section 5A;
Fire Rescue Commissioner means the Fire Rescue Commissioner appointed under section 9(1);
Fire Rescue Victoria means the authority established by section 6;
Fire Rescue Victoria fire district means the district specified in section 4(1);
fire services agency has the same meaning as in the Emergency Management Act 2013;
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incident management operating procedures has the same meaning as it has in section 3 of the Emergency Management Act 2013;
industrial body means an organisation within the meaning of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;
Inspector-General for Emergency Management has the same meaning as it has in section 3 of the Emergency Management Act 2013;
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international fire brigade means—
(a)a fire brigade or unit (however described); or
(b)any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or
(c)any other emergency services organisation—
established outside Australia;
interstate fire brigade means—
(a)a fire brigade or unit (however described); or
(b)any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or
(c)any other emergency services organisation—
established outside Victoria but within Australia;
Lloyd's means the society of that name incorporated by the Act of the United Kingdom known as Lloyd's Act 1871;
Lloyd's underwriter means an underwriting member of Lloyd's;
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operational staff means all members of units;
ownerhas the same meaning as it has in section 3(1) of the Subdivision Act 1988;
owners corporation has the same meaning as it has in section 3 of the Owners Corporations Act 2006;
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police officer has the same meaning as in the Victoria Police Act 2013;
private street means a road, other than—
(a)a freeway or an arterial road within the meaning of the Road Management Act 2004;
(b)a road vested in a public authority;
(c)a road that is under the care and management of a municipal council under section 205 of the Local Government Act 1989;
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review of the Fire Rescue Victoria fire district means a review conducted under section 4G;
road has the meaning given in section 3 of the Local Government Act 1989;
Secretary means the Secretary to the Department for which the Minister administering this Act is responsible;
senior operational staff means all employees of Fire Rescue Victoria employed in senior positions;
senior position means a position in a unit designated by Fire Rescue Victoria as a senior position;
State Crisis and Resilience Council has the same meaning as it has in section 3 of the Emergency Management Act 2013;
Strategic Action Plan has the same meaning as it has in section 3 of the Emergency Management Act 2013;
Strategic Advisory Committee means the committee established by section 33A;
the 1982 Agreement means the Agreement establishing the Australian Fire Brigades Charges Scheme, a certified copy of which is lodged with the Minister under section 69A;
Triple Zero Victoria has the same meaning as in the Triple Zero Victoria Act 2023;
unit means a brigade or other fire or emergency service unit established under this Act;
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volunteer brigade has the same meaning as it has in the Country Fire Authority Act 1958;
year means year ending the thirtieth day of June.
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Fire Rescue Victoria fire district
4Fire Rescue Victoria fire district
(1)For the proper and efficient carrying out of the provisions of this Act there is to be a Fire Rescue Victoria fire district consisting of the land specified in Schedule 2.
(2)The Fire Rescue Victoria fire district includes—
(a)the port of Melbourne within the meaning of the Port Management Act 1995; and
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(b)any rivers or waterways—
which are designated as being within the Fire Rescue Victoria fire district by the Governor in Council by proclamation published in the Government Gazette.
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4AFire District Review Panel
(1)The Fire District Review Panel is established by this section.
(2)The Fire District Review Panel consists of 3 members appointed under section 4C.
(3)The Minister must appoint one of the members of the Fire District Review Panel to be the Chairperson of the Panel.
4BFire District Review Panel is a public entity
The Fire District Review Panel is a public entity for the purposes of the Public Administration Act 2004.
4CAppointment of members of the Fire District Review Panel
(1)The members of the Fire District Review Panel are to be appointed by the Minister.
(2)The Minister must not appoint a person as a member of the Fire District Review Panel unless the Minister is satisfied that—
(a)the person has significant and substantial expertise and experience in fire response, fire management, emergency management or another relevant field; and
(b)the person is able to make an informed and independent assessment of the matters to be considered by the Panel.
(3)The Minister must not appoint a person as a member of the Fire District Review Panel if the person is—
(a)an officer or employee of a fire services agency; or
(b)an officer or employee of an industrial body that is responsible for an enterprise agreement that applies to a fire services agency; or
(c)an officer or official of Volunteer Fire Brigades Victoria Incorporated.
(4)A member of the Fire District Review Panel holds office for the period, not exceeding 5 years, specified in the member's instrument of appointment.
(5)A member of the Fire District Review Panel is entitled to receive—
(a)remuneration; and
(b)travelling or other allowances—
specified in the member's instrument of appointment.
(6)A member of the Fire District Review Panel is eligible for reappointment.
(7)A member of the Fire District Review Panel holds office on the terms and conditions specified in the member's instrument of appointment.
(8)A member of the Fire District Review Panel who is a public sector employee within the meaning of the Public Administration Act 2004 is not entitled to remuneration in respect of the member's appointment.
(9)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Fire District Review Panel in respect of the office of member.
4DResignation of members of the Fire District Review Panel
(1)A member of the Fire District Review Panel may resign from membership by signed letter delivered to the Minister.
(2)A resignation under subsection (1) takes effect—
(a)on the day the letter is received by the Minister; or
(b)if a later date is specified in the letter, on that later date.
4ECeasing to hold office—removal
A member of the Fire District Review Panel may be removed from office by the Minister at any time and for any reason.
4FRole of the Fire District Review Panel
The role of the Fire District Review Panel is to provide independent and informed advice to the Minister on the following matters—
(a)whether it is necessary or desirable for the Fire Rescue Victoria fire district to be changed;
(b)whether a change in fire risk, or something that may result in a change in fire risk, may warrant a review of the Fire Rescue Victoria fire district.
4GReview of the Fire Rescue Victoria fire district
(1)The Fire District Review Panel must conduct a review of the Fire Rescue Victoria fire district at least once during—
(a)the 4-year period beginning on the day on which this section commences; and
(b)each subsequent 4-year period.
(2)The Fire District Review Panel must also conduct a review of the Fire Rescue Victoria fire district if—
(a)the Minister requests a review after receiving a recommendation of the Secretary under section 4H; or
(b)the Minister determines under section 4M(1)(c) that a further review be conducted.
4HSecretary may recommend a review of the Fire Rescue Victoria fire district
The Secretary may recommend to the Minister that the Fire District Review Panel conduct a review of the Fire Rescue Victoria fire district if the Secretary—
(a)has received evidence of a change in fire risk within the Fire Rescue Victoria fire district or the country area of Victoria; and
(b)considers that the change in fire risk warrants such a review.
4INotice of review of the Fire Rescue Victoria fire district
If the Minister requests the Fire District Review Panel to conduct a review of the Fire Rescue Victoria fire district under section 4G(2)(a)—
(a)the Minister must cause a copy of the request, and the reasons for the request, to be published in the Government Gazette; and
(b)the Fire Rescue Commissioner must cause a copy of the request, and the reasons for the request, to be published on the Internet site of Fire Rescue Victoria; and
(c)the Chief Officer of the Country Fire Authority must cause a copy of the request, and the reasons for the request, to be published on the Internet site of the Country Fire Authority.
4JObject and procedures relating to review
(1)The object of a review of the Fire Rescue Victoria fire district is to conduct a risk‑based assessment of the assignment of responsibility necessary for the provision of fire services by fire services agencies, in order to prevent, and protect against, loss of life and damage to property, infrastructure or the environment in Victoria, within—
(a)the Fire Rescue Victoria fire district; and
(b)the country area of Victoria.
(2)In conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel must have regard to any change in fire risk in the Fire Rescue Victoria fire district or the country area of Victoria.
(3)In conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel may—
(a)inquire into and inform itself of any matters relevant to the review as the Panel thinks fit; and
(b)consult with any person or body as the Panel thinks fit including, but not limited to, by seeking oral or written submissions.
(4)In conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel must—
(a)consult with all relevant fire services agencies and any municipal district directly affected by the review; and
(b)if the Fire District Review Panel considers that there is a change in fire risk—
(i)determine by instrument that there is a change in fire risk; and
(ii)take the steps set out in section 4K before completing the review.
(5)A review of the Fire Rescue Victoria fire district requested by the Minister under section 4G(2)(a) must be completed within the period (if any) specified in the request.
4KProcedures if Fire District Review Panel considers that there is a change in fire risk
(1)If, in conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel determines under section 4J(4)(b)(i) that there is a change in fire risk—
(a)the determination must be published as follows—
(i)the Panel must cause the determination to be published in the Government Gazette;
(ii)the Fire Rescue Commissioner must cause a copy of the determination to be published on the Internet site of Fire Rescue Victoria;
(iii)the Chief Officer of the Country Fire Authority must cause a copy of the determination to be published on the Internet site of the Country Fire Authority; and
(b)the Panel must notify the Chief Officer of the Country Fire Authority of the determination and must—
(i)request the Chief Officer to give advice to the Panel on how the Country Fire Authority will support the volunteer brigades to which the determination is relevant to ensure that they have the capacity to respond effectively to the change in fire risk; and
(ii)suspend the review, for a period of not more than 12 months beginning on the date on which the determination is published in the Government Gazette, in order to allow the Chief Officer to give that advice to the Panel; and
(c)if no advice has been received by the end of the period referred to in paragraph (b)(ii), the Panel must notify the Chief Officer that the period of suspension has ended, and request that the Chief Officer provide the advice referred to in paragraph (b)(i) within 30 days of the notice; and
(d)if advice has been received by the end of the period referred to in paragraph (b)(ii) or (c), the Panel must request that the Chief Officer provide, within 30 days of the request, further advice on the progress of the Country Fire Authority in delivering the support to the volunteer brigades as mentioned in paragraph (b)(i); and
(e)at the end of the 30 day period referred to in paragraph (d), the Panel must finalise the review and prepare the report required by section 4L.
(2)The review must be finalised whether or not any advice has been provided by the Chief Officer of the Country Fire Authority as mentioned in subsection (1), but if such advice has been provided, the Panel must have regard to the advice in preparing the report.
(3)If the review was requested by the Minister under section 4G(2)(a), the period of suspension under subsection (1)(b)(ii) must be such as to ensure that the report of the review can be provided within the period (if any) specified in the Minister's request.
4LReport of review
(1)After conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel must report its findings to the Minister.
(2)The report may recommend—
(a)that no change be made to the Fire Rescue Victoria fire district; or
(b)that a change be made to the Fire Rescue Victoria fire district; or
(c)that the Panel conduct a further review of the Fire Rescue Victoria fire district within the period specified in the report.
4MMinister's determination on review
(1)After receiving a report under section 4L of a review of the Fire Rescue Victoria fire district, the Minister may determine by instrument—
(a)that no change be made to the Fire Rescue Victoria fire district; or
(b)that a change be made to the Fire Rescue Victoria fire district; or
(c)that the Fire District Review Panel conduct a further review of the Fire Rescue Victoria fire district within the period specified in the determination.
(2)In making a determination under subsection (1), the Minister must have regard to—
(a)the report and recommendations of the Fire District Review Panel; and
(b)the capacity of each relevant fire services agency to perform its statutory functions and duties; and
(c)the implications of making the determination for the budget and resources of each relevant fire services agency; and
(d)the implications of making the determination for the budget and resources of the emergency management sector; and
(e)the other implications of making the determination for the emergency management sector.
(3)The Minister must cause a determination made under subsection (1), and the report of the Fire District Review Panel in respect of the review, to be published in the Government Gazette.
(4)The Fire Rescue Commissioner must cause a determination made by the Minister under subsection (1), and the report of the Fire District Review Panel in respect of the review, to be published on the Internet site of Fire Rescue Victoria.
(5)The Chief Officer of the Country Fire Authority must cause a determination made by the Minister under subsection (1), and the report of the Fire District Review Panel in respect of the review, to be published on the Internet site of the Country Fire Authority.
4NEffect of Minister's determination
(1)A determination made under section 4M(1) takes effect according to its terms on the day on which it is published in the Government Gazette.
(2)If the determination states that a change is to be made to the Fire Rescue Victoria fire district, the Governor in Council may, by Order published in the Government Gazette, amend Schedule 2 to change the Fire Rescue Victoria fire district as stated in the determination and the Order has effect accordingly.
5Duties and powers of councils and public authorities in relation to fire
(1)In the Fire Rescue Victoria fire district it is the duty of every municipal council and public authority to take all practicable steps (including burning) to prevent the occurrence of fires on, and minimise the danger of the spread of fires on and from—
(a)any land vested in it or under its control or management; and
(b)any road under its care and management.
(2)A municipal council or public authority may—
(a)acquire any equipment;
(b)do any thing;
(c)expend from its funds any amount—
that is necessary or expedient for the purpose of fulfilling its duty under subsection (1).
(3)If the cost of maintenance of a road is apportioned between municipal councils or public authorities or both the cost of fulfilling the duty imposed by subsection (1) must be apportioned in the same manner.
5AMunicipal fire prevention officers and assistants
(1)Each municipal council, the municipal district or part of the municipal district of which is in the Fire Rescue Victoria fire district—
(a)must appoint a person to be the fire prevention officer for that council for the purposes of this Act;
(b)may appoint any number of persons it thinks fit to be assistant fire prevention officers.
(2)A fire prevention officer may, by written instrument, delegate to an assistant fire prevention officer, either generally or as otherwise provided in the instrument, any power or duty of the fire prevention officer under this Act or the regulations except this power of delegation.
Fire Rescue Victoria
6Fire Rescue Victoria
(1)Fire Rescue Victoria is established by this section.
(2)Fire Rescue Victoria is constituted by the Fire Rescue Commissioner.
(3)Fire Rescue Victoria—
(a)is a body corporate with perpetual succession; and
(b)must have an official 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.
7Functions of Fire Rescue Victoria
(1)The functions of Fire Rescue Victoria are—
(a)to provide for fire suppression and fire prevention services in the Fire Rescue Victoria fire district; and
(b)to provide for emergency prevention and response services in the Fire Rescue Victoria fire district; and
(ba)to implement the fire and emergency services priorities of the Government of Victoria; and
(bb)to provide operational and management support to the Country Fire Authority in consultation with and as agreed by the Authority, to meet the Authority's objective under section 6B of the Country Fire Authority Act 1958, including support to maintain, strengthen and encourage the capability of volunteers; and
(c)to carry out any other functions conferred on Fire Rescue Victoria by or under this Act or the regulations or any other Act or any regulations under that Act.
(2)Fire Rescue Victoria has all powers necessary to carry out its functions.
(3)The functions of Fire Rescue Victoria extend to any vessel berthed adjacent to land which by virtue of section 4(2) is part of the Fire Rescue Victoria fire district.
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7AADuty to assist in major emergency
(1)In addition to any other of its duties and functions under this Act, Fire Rescue Victoria must assist in the response to any major emergency occurring within Victoria.
(2)In this section—
emergency agency means—
(a)Fire Rescue Victoria;
(b)the Country Fire Authority established under the Country Fire Authority Act 1958;
(c)the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62(2) of the Forests Act 1958;
(d)the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005;
major emergency means—
(a)a large or complex emergency (however caused) which—
(i)has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or
(ii)has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or
(iii)requires the involvement of 2 or more emergency agencies to respond to the emergency; or
(b)a major fire within the meaning of the Emergency Management Act 2013.
7AObjective
The objective of Fire Rescue Victoria in performing its functions and exercising its powers under this Act is to—
(a)contribute to a whole of sector approach to emergency management;
(b)promote a culture within the emergency management sector of community focus, interoperability and public value.
7ABEmergency Management Victoria
Fire Rescue Victoria must, in performing its functions and exercising its powers, collaborate and consult with Emergency Management Victoria.
7ACCompliance with operational standards of Emergency Management Commissioner
Fire Rescue Victoria must use its best endeavours to carry out its functions in accordance with the operational standards developed by the Emergency Management Commissioner under the Emergency Management Act 2013.
7ADReport on compliance with operational standards developed by the Emergency Management Commissioner
(1)Fire Rescue Victoria must, at the expiration of each period of 6 months, report in writing on the action it has taken during the preceding 6 months to comply with the operational standards developed by the Emergency Management Commissioner under the Emergency Management Act 2013.
(2)A copy of the report prepared by Fire Rescue Victoria under subsection (1) must be given to the Emergency Management Commissioner.
7AEStrategic Action Plan
(1)Fire Rescue Victoria must implement the applicable work program to give effect to the Strategic Action Plan.
(2)Fire Rescue Victoria must prepare a written report on the progress made, and achievements attained, by Fire Rescue Victoria to give effect to the Strategic Action Plan at intervals determined by the State Crisis and Resilience Council.
(3)The intervals must not be less than one a year.
(4)Fire Rescue Victoria must give a copy of a report prepared by Fire Rescue Victoria under subsection (2) to the State Crisis and Resilience Council and the Inspector-General for Emergency Management.
7BCompliance with incident management operating procedures
Fire Rescue Victoria must comply with any incident management operating procedures.
7CFire Rescue Commissioner and Deputy Fire Rescue Commissioners
(1)There is to be—
(a)a Fire Rescue Commissioner; and
(b)as many Deputy Fire Rescue Commissioners as the Governor in Council considers necessary.
(2)The Fire Rescue Commissioner—
(a)has all the functions, duties and powers of Fire Rescue Victoria; and
(b)has any other functions, duties and powers conferred on the Fire Rescue Commissioner by or under—
(i)this Act or the regulations; or
(ii)any other Act or regulations under any other Act.
(3)All acts and things done by the Fire Rescue Commissioner in the name of, or on behalf of, Fire Rescue Victoria are taken to have been done by Fire Rescue Victoria.
(4)A Deputy Fire Rescue Commissioner has the functions, duties and powers that are delegated to the Deputy Fire Rescue Commissioner by the Fire Rescue Commissioner.
8Accountability of Fire Rescue Victoria and the Fire Rescue Commissioner
(1)Fire Rescue Victoria and the Fire Rescue Commissioner are subject to the general direction and control of the Minister in the performance of the duties and functions and the exercise of powers of Fire Rescue Victoria and the Fire Rescue Commissioner, including, but not limited to, the policies and priorities to be pursued by Fire Rescue Victoria and the Fire Rescue Commissioner.
(2)Subject to this section, the Minister may from time to time give written directions to Fire Rescue Victoria and the Fire Rescue Commissioner.
(3)The Minister must not give a direction under subsection (2) in relation to the exercise of the operational functions and powers of Fire Rescue Victoria or the Fire Rescue Commissioner including, but not limited to, a function or power under any of the following provisions of this Act—
(a)section 26;
(b)section 32;
(c)section 32AA;
(d)section 32B;
(e)section 32C;
(f)section 32D;
(g)section 52;
(h)section 55A;
(i)section 55B;
(j)section 55C;
(k)section 55D;
(l)section 55E(1), (2) or (4);
(m)section 58;
(n)section 59;
(o)section 60;
(p)section 71;
(q)section 72;
(r)section 72A;
(s)section 78;
(t)section 90;
(u)section 93.
(4)The Minister must not give a direction under subsection (2) in relation to the exercise of the powers of delegation under sections 24B and 31A.
(5)The Minister must not give a direction under subsection (2) in relation to the organisational structure of Fire Rescue Victoria.
(6)The Minister must not give a direction under subsection (2) in relation to—
(a)the allocation or deployment of employees at particular locations; or
(b)the establishment of fire or emergency services units.
(7)If the Minister gives a direction under subsection (2)—
(a)the Minister must cause a copy of the direction to be published in the Government Gazette; and
(b)the Fire Rescue Commissioner must cause a copy of the direction to be published on the Internet site of Fire Rescue Victoria.
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9Appointment of Fire Rescue Commissioner
(1)The Fire Rescue Commissioner is to be appointed by the Governor in Council, on the recommendation of the Minister.
(2)The Governor in Council must not appoint a person as the Fire Rescue Commissioner unless the Governor in Council is satisfied that the person has appropriate management and operational expertise in—
(a)fire services; or
(b)emergency services; or
(c)a related field.
(3)The Fire Rescue Commissioner holds office for the period, not exceeding 5 years, specified in the Fire Rescue Commissioner's instrument of appointment.
(4)The Fire Rescue Commissioner is entitled to receive—
(a)remuneration; and
(b)travelling or other allowances—
specified in the Fire Rescue Commissioner's instrument of appointment.
(5)The Fire Rescue Commissioner is eligible for reappointment.
(6)The Fire Rescue Commissioner holds office on the terms and conditions specified in the Fire Rescue Commissioner's instrument of appointment.
9ADeputy Fire Rescue Commissioners
(1)A Deputy Fire Rescue Commissioner is to be appointed by the Governor in Council on the recommendation of the Minister.
(2)The Governor in Council must not appoint a person as a Deputy Fire Rescue Commissioner unless the Governor in Council is satisfied that the person has appropriate management and operational expertise in—
(a)fire services; or
(b)emergency services; or
(c)a related field.
(3)The Governor in Council must not appoint a person as a Deputy Fire Rescue Commissioner unless the Governor in Council is satisfied that the Minister has consulted the Fire Rescue Commissioner about the appointment.
(4)A Deputy Fire Rescue Commissioner holds office for the period, not exceeding 5 years, specified in the Deputy Fire Rescue Commissioner's instrument of appointment.
(5)A Deputy Fire Rescue Commissioner is entitled to receive—
(a)remuneration; and
(b)travelling or other allowances—
specified in the Deputy Fire Rescue Commissioner's instrument of appointment.
(6)A Deputy Fire Rescue Commissioner is eligible for reappointment.
(7)A Deputy Fire Rescue Commissioner holds office on the terms and conditions specified in the Deputy Fire Rescue Commissioner's instrument of appointment.
9BCeasing to hold office
The Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner ceases to hold office if the Fire Rescue Commissioner or Deputy Fire Rescue Commissioner, as the case requires—
(a)resigns under section 9C; or
(b)becomes an insolvent under administration; or
(c)is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or
(d)nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or
(e)is removed from office under section 9D.
9CResignation
(1)The Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner may resign by signed letter delivered to the Governor in Council.
(2)A resignation under subsection (1) takes effect—
(a)on the day the letter is received by the Governor in Council; or
(b)if a later date is specified in the letter, on that later date.
9DRemoval from office
(1)The Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner may be removed from office by the Governor in Council on any of the following grounds—
(a)misconduct;
(b)neglect of duty;
(c)inability to perform the duties of office;
(d)any other ground on which the Governor in Council is satisfied that the person is unfit for office.
(2)The Governor in Council must not remove a Deputy Fire Rescue Commissioner under subsection (1) unless the Governor in Council is satisfied that the Minister has consulted the Fire Rescue Commissioner about the removal.
9ESuspension from office
(1)The Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner may be suspended from office by the Governor in Council.
(2)The Governor in Council must not suspend the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner under subsection (1) unless the Governor in Council believes that grounds may exist for the removal of the Fire Rescue Commissioner or the Deputy Fire Rescue Commissioner under section 9D(1).
(3)The Governor in Council may revoke the suspension of the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner at any time.
(4)If—
(a)the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner has been suspended; and
(b)the Governor in Council has not revoked the suspension under subsection (3) during the period of 30 days after the suspension—
the suspension ceases to be in effect at the end of that period unless the Fire Rescue Commissioner or Deputy Fire Rescue Commissioner has for any reason ceased to hold office before the end of that period.
9FActing Fire Rescue Commissioner
(1)The Governor in Council may appoint a person to act as the Fire Rescue Commissioner for a period of not more than 12 months—
(a)during a vacancy in the office of the Fire Rescue Commissioner; or
(b)during any period when the Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office.
(2)The Minister may appoint a person to act as the Fire Rescue Commissioner for a period of not more than 4 weeks—
(a)during a vacancy in the office of the Fire Rescue Commissioner; or
(b)during any period when the Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office.
(3)Before appointing a person to act as the Fire Rescue Commissioner, the Governor in Council or the Minister, as the case requires, must be satisfied that the person has appropriate management and operational expertise in—
(a)fire services; or
(b)emergency services; or
(c)a related field.
(4)A person appointed to act as the Fire Rescue Commissioner—
(a)holds office for the period specified in the person's instrument of appointment; and
(b)is entitled to the remuneration and allowances to which the Fire Rescue Commissioner would have been entitled; and
(c)holds office on such other terms and conditions as are specified in the person's instrument of appointment.
(5)While a person is acting as the Fire Rescue Commissioner, the person has all the powers and may perform any of the functions of the Fire Rescue Commissioner.
(6)The Governor in Council may revoke an appointment under subsection (1) at any time.
(7)The Minister may revoke an appointment under subsection (2) at any time.
(8)A person appointed to act as the Fire Rescue Commissioner under subsection (1) or (2) is eligible for reappointment.
9GActing Deputy Fire Rescue Commissioner
(1)The Governor in Council may appoint a person to act as a Deputy Fire Rescue Commissioner for a period of not more than 12 months—
(a)during a vacancy in the office of a Deputy Fire Rescue Commissioner; or
(b)during any period when a Deputy Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office.
(2)The Fire Rescue Commissioner may appoint a person to act as a Deputy Fire Rescue Commissioner for a period of not more than 4 weeks—
(a)during a vacancy in the office of a Deputy Fire Rescue Commissioner; or
(b)during any period when a Deputy Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office.
(3)Before appointing a person to act as a Deputy Fire Rescue Commissioner, the Governor in Council or the Fire Rescue Commissioner, as the case requires, must be satisfied that the person has appropriate management and operational expertise in—
(a)fire services; or
(b)emergency services; or
(c)a related field.
(4)Before appointing a person to act as a Deputy Fire Rescue Commissioner, the Governor in Council must be satisfied that the Minister has consulted the Fire Rescue Commissioner.
(5)A person appointed to act as a Deputy Fire Rescue Commissioner—
(a)holds office for the period specified in the person's instrument of appointment; and
(b)is entitled to the remuneration and allowances to which a Deputy Fire Rescue Commissioner would have been entitled; and
(c)holds office on such other terms and conditions as are specified in the person's instrument of appointment.
(6)While a person is acting as a Deputy Fire Rescue Commissioner, the person has all the powers and may perform any of the functions of a Deputy Fire Rescue Commissioner.
(7)The Governor in Council may revoke an appointment under subsection (1) at any time.
(8)The Fire Rescue Commissioner may revoke an appointment under subsection (2) at any time.
(9)A person appointed to act as a Deputy Fire Rescue Commissioner under subsection (1) or (2) is eligible for reappointment.
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12Application of Public Administration Act 2004
The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Fire Rescue Commissioner and the Deputy Fire Rescue Commissioners in respect of those offices.
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16Decisions not affected by certain matters
An act or decision of Fire Rescue Victoria, the Fire Rescue Commissioner, a Deputy Fire Rescue Commissioner, an acting Fire Rescue Commissioner or an acting Deputy Fire Rescue Commissioner is not invalid only because—
(a)of a defect or irregularity in the appointment of the Fire Rescue Commissioner, Deputy Fire Rescue Commissioner, acting Fire Rescue Commissioner or acting Deputy Fire Rescue Commissioner; or
(b)of a vacancy in the office of Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner; or
(c)the occasion for the appointment of an acting Fire Rescue Commissioner or an acting Deputy Fire Rescue Commissioner has ceased to exist.
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17Immunity of Fire Rescue Commissioner
(1)The Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner 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 subsection (1) attach to the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner attaches instead to Fire Rescue Victoria.
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21Conflicts of interest
(1)If the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner has a conflict of interest in a matter arising in the course of duty, the Fire Rescue Commissioner or Deputy Fire Rescue Commissioner, as the case requires, must declare the conflict to the Minister as soon as reasonably practicable.
(2)If the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner has made a conflict of interest declaration under subsection (1) in relation to a matter, the Fire Rescue Commissioner or Deputy Fire Rescue Commissioner, as the case requires, must not take any further part in decisions relating to that matter, unless otherwise directed to do so by the Minister.
(3)For the purposes of this section, a person is not to be regarded as having a conflict of interest in a matter relating to the supply of goods or services to the person if the goods or services are, or are to be, available to members of the public on the same terms and conditions.
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General powers and duties of Fire Rescue Victoria
24Power to purchase and sell property
(1)Fire Rescue Victoria may purchase take on lease or otherwise acquire stations for appliances and the accommodation of fire-fighters and any other buildings, land, apparatus, plant or other property as Fire Rescue Victoria thinks requisite for carrying into effect the purposes of this Act, and may from time to time sell or exchange or let any property acquired by or vested in it for the purposes of this Act.
(2)All moneys resulting from the sale exchange or letting of any property by Fire Rescue Victoria shall be applied in the purchase of property for Fire Rescue Victoria or the improvement of the property of Fire Rescue Victoria.
24APower to acquire land
(1)In addition to its powers under section 24, Fire Rescue Victoria may acquire compulsorily any land which is required for the purposes of this Act.
(2)The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—
(a)the Fire Rescue Victoria Act 1958 is the special Act; and
(b)Fire Rescue Victoria is the Authority.
24BPower of delegation
Fire Rescue Victoria may, by instrument under its official seal, delegate to any employee or class of employees of Fire Rescue Victoria any responsibility, power, authority, duty or function of Fire Rescue Victoria under this Act or the regulations or under any other Act or regulations, other than this power of delegation.
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25AGeneral powers of Fire Rescue Victoria
(1)Subject to this Act, Fire Rescue Victoria has the power to do all things necessary or convenient to be done for or in connection with the performance of its duties and functions.
(2)Without limiting or derogating from the generality of the powers of Fire Rescue Victoria under this Act, the powers of Fire Rescue Victoria include the power to—
(a)enter into agreements or arrangements with any person or body for the provision of goods or services to Fire Rescue Victoria;
(b)subject to subsection (3), enter into agreements or arrangements with any person or body for the provision of goods or services by Fire Rescue Victoria;
(c)apply for, obtain and hold intellectual property rights (including patents, copyrights, trade marks and registered designs);
(d)enter into agreements or arrangements for the commercial exploitation of those intellectual property rights and ancillary services on any terms and conditions as to royalties, lump sum payments or otherwise as Fire Rescue Victoria may see fit;
(e)subject to subsection (3), form, participate in the formation of, or be a member of a body corporate, association, partnership, trust or other body;
(f)subject to subsection (3), enter into a joint venture agreement, shareholders agreement or unitholders agreement with any other person or body;
(g)do all things necessary or convenient to give effect to any agreements or arrangements entered into by Fire Rescue Victoria including power to appoint any person or body as Fire Rescue Victoria's agent for that purpose.
(3)Fire Rescue Victoria must obtain the written consent of the Minister before—
(a)entering into any agreement or arrangement with any person or body for the provision of goods or services by Fire Rescue Victoria; or
(b)forming, participating in the formation of, or becoming a member of a body corporate, association, partnership, trust or other body; or
(c)entering into any joint venture agreement, shareholders agreement or unitholders agreement.
(4)Subsection (3)(a) does not apply to an agreement or arrangement for the provision of goods or services by Fire Rescue Victoria—
(a)to a unit or group of units or to a person acting on behalf of a unit or group of units; or
(b)where the provision of those goods or services falls within the general duties and functions of Fire Rescue Victoria.
(4A)Fire Rescue Victoria, with the written consent of the Minister, may—
(a)enter into any agreement or arrangement with any person or body to provide consultancy services in emergency protection and response in any place outside Victoria; and
(b)make any charge it thinks fit for those services.
(5)The Minister's consent under subsection (3)(a) or (b) or (4A) may be given in respect of a particular case or a class of cases.
25BEmployees of Fire Rescue Victoria
(1)Fire Rescue Victoria 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.
(3)Fire Rescue Victoria may enter into a secondment agreement (within the meaning of section 25C(10)) with the Country Fire Authority under which officers or employees of Fire Rescue Victoria are made available (whether on a full-time, part-time or other basis) to the Country Fire Authority.
(4)Despite anything in this Act or any other Act, an officer or employee made available to the Country Fire Authority under a secondment agreement (within the meaning of section 25C(10)) remains an officer or employee of Fire Rescue Victoria and is not an officer or employee of the Country Fire Authority.
(5)Nothing in this section or the Country Fire Authority Act 1958—
(a)empowers the Country Fire Authority, under section 17 of the Country Fire Authority Act 1958, to exercise a power in respect of an officer or employee made available (whether on a full-time, part-time or other basis) to the Country Fire Authority under subsection (3); or
(b)imposes a duty upon the Country Fire Authority, under section 18 or 19 of the Country Fire Authority Act 1958, in respect of an officer or employee made available (whether on a full-time, part‑time or other basis) to the Country Fire Authority under subsection (3).
25CSecondment agreements
(1)If Fire Rescue Victoria proposes to make one or more officers or employees of Fire Rescue Victoria available to the Country Fire Authority under a secondment agreement, the Chief Officer of the Country Fire Authority may agree to a particular officer or employee being made available under the secondment agreement if—
(a)the Fire Rescue Commissioner, in consultation with the Chief Officer of the Country Fire Authority, has conducted an equitable, fair and transparent selection process covering the officers and employees proposed to be made available under the secondment agreement; and
(b)the particular officer or employee participated in the equitable, fair and transparent selection process; and
(c)the Chief Officer of the Country Fire Authority is satisfied that the officer or employee selected through that process is suitable to be made available.
(2)If the Chief Officer of the Country Fire Authority is not satisfied that suitable officers or employees can be made available as a result of subsection (1), the Chief Officer of the Country Fire Authority may request Fire Rescue Victoria to conduct a further external equitable, fair and transparent selection process, in consultation with the Chief Officer of the Country Fire Authority.
(3)A person cannot be engaged as an officer or employee of Fire Rescue Victoria as a result of a selection process carried out under subsection (2) unless the person meets the registration requirements (however described) specified by the Firefighters Registration Board.
(4)If Fire Rescue Victoria proposes to make one or more officers or employees of Fire Rescue Victoria available to the Country Fire Authority under a secondment agreement—
(a)the Chief Officer of the Country Fire Authority must agree to a particular officer or employee being made available under the secondment agreement if the officer or employee is a transferred employee (within the meaning of section 101 or 102) or a person transferred to the employment of Fire Rescue Victoria under section 103; and
(b)to avoid doubt, an officer or employee referred to in paragraph (a) is not required to satisfy subsection (1)(a), (b) and (c).
(5)The Chief Officer of the Country Fire Authority has the order and control of the work of an officer or employee of Fire Rescue Victoria who is made available to the Country Fire Authority under a secondment agreement.
(6)The Chief Officer of the Country Fire Authority may terminate a secondment agreement that covers only one officer or employee if the Chief Officer of the Country Fire Authority has conducted an equitable, fair and transparent process to review the conduct of the officer or employee and, after conducting the process, is satisfied that such termination is appropriate.
(7)If a secondment agreement covers more than one officer or employee, the Chief Officer of the Country Fire Authority may vary the secondment agreement so that it no longer covers a particular officer or employee, if the Chief Officer of the Country Fire Authority has conducted an equitable, fair and transparent process to review the conduct of the officer or employee and, after conducting the process, is satisfied that such termination is appropriate.
(8)If a secondment agreement is terminated or varied, the officer or employee who is no longer covered by the secondment agreement remains an employee of Fire Rescue Victoria.
(9)The Chief Officer of the Country Fire Authority may suspend an officer or employee covered by a secondment agreement if the Chief Officer of the Country Fire Authority has conducted an equitable, fair and transparent process to review the conduct of the officer or employee and, after conducting the process, is satisfied that such suspension is appropriate.
(10)In this section—
secondment agreement means an agreement between the Fire Rescue Commissioner and the Chief Officer of the Country Fire Authority under which one or more officers or employees of Fire Rescue Victoria are made available to the Country Fire Authority, whether on a full-time, part-time or other basis.
26Formation of units
(1)Fire Rescue Victoria may at any 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 Fire Rescue Victoria; or
(b)persons engaged under any contract or arrangement entered into by Fire Rescue Victoria; or
(c)both.
(3)A member of a unit is subject to the direction and control of Fire Rescue Victoria.
27Copies of annual report and special report
(1)After the annual report of Fire Rescue Victoria has been laid before both Houses of Parliament, Fire Rescue Victoria must send a copy of the annual report to each person or body that has made contributions under this Act.
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(2)Fire Rescue Victoria must, if required by the Minister, give the Minister information or a report upon any matter relating to its activities or to the administration of this Act.
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31ADelegation of powers by Fire Rescue Commissioner
The Fire Rescue Commissioner may, by written instrument, delegate to any person by name or to the holder of an office or position, either generally or as otherwise provided by the instrument, any power or authority conferred on the Fire Rescue Commissioner under this Act or the regulations or under any other Act or any regulations under that Act, except this power of delegation.
32Powers of access
Within the Fire Rescue Victoria fire district Fire Rescue Victoria or any person authorized for the purpose by Fire Rescue Victoria shall at all reasonable times have free access to any land building premises or other place for the purpose of ascertaining whether this Act and the regulations and any other law relating to—
(a)the storage of explosives;
(b)the storage of radioactive substances;
(c)the storage of inflammable liquids or substances; and
(d)the prevention of fire or the protection of life or property in the case of fire—
are being complied with.
32AA Duty to warn the community
(1)Fire Rescue Victoria must issue warnings and provide information in relation to fires in the Fire Rescue Victoria fire district if—
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(b)Fire Rescue Victoria considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property.
(2)Fire Rescue Victoria must have regard to any guidelines, procedures or operating protocols issued by the Emergency Management Commissioner under section 44 of the Emergency Management Act 2013 for the purposes of carrying out a duty under subsection (1).
Alarm of fire
32AMeaning of alarm of fire
In sections 32B, 32C and 32D, alarm of fire means any call for assistance at a fire, accident, explosion or other emergency.
32BAction on alarm of fire
(1)For the purposes of this section, Fire Rescue Victoria is responsible for the control and direction of all members of units in the Fire Rescue Victoria fire district.
(2)On an alarm of fire being received by a unit, those members of the unit specified by Fire Rescue Victoria must, with the appliances and equipment specified by Fire Rescue Victoria, proceed with all practical speed to the scene of the alarm of fire.
(3)At the scene of an alarm of fire the senior member of the operational staff—
(a)shall endeavour by all practical means to have any fire suppressed and any person or property in jeopardy saved;
(b)shall have the control and direction of any unit present and of all persons assisting any unit or units at the scene;
(c)may, for the purposes of dealing with any alarm of fire, cause—
(i)any land building structure vessel or vehicle to be entered upon or into (if necessary by force), taken possession of, shored up, pulled down, otherwise destroyed or removed;
(ii)any vehicle or equipment to be taken through upon or into any land building structure vessel or vehicle;
(iii)water to be shut off from any main pipe or other source of supply in order to obtain a greater pressure or supply of water; and
(iv)any road waterway railway or tramway to be closed to traffic or any main pipeline conduit or conductor of gas electricity oil or any source of power fuel or energy to be shut off;
(d)may order to withdraw any persons who interfere by their presence or otherwise with the operation of the unit or units, and cause to be removed any persons who fail or refuse to comply with any such order to withdraw; and
(e)may take such other measures as appear necessary for the protection of life and property.
(4)A person shall not be liable to any penalty or claim by reason of any action taken under subsection (3)(c)(iii) or (iv).
(5)Where the scene of an alarm of fire is land which by virtue of section 4(2) is part of the Fire Rescue Victoria fire district, or is a vessel berthed adjacent to such land, the senior member of the operational staff shall so far as practicable consult with an officer of Ports Victoria (within the meaning of the Transport Integration Act 2010) designated for that purpose by Ports Victoria.
(5A)For the purposes of this section, an alarm of fire from Triple Zero Victoria is to be taken not to have been received by a particular unit until a message in the prescribed form is received by the unit from Triple Zero Victoria.
(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 Fire Rescue Victoria to be the senior member of the operational staff at the scene.
32CDestruction of building by Fire Rescue Victoria
(1)If a fire has been recently extinguished, Fire Rescue Victoria may cause any building or structure—
(a)which has been damaged by the fire; and
(b)which Fire Rescue Victoria 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 subsection (1), Fire Rescue Victoria 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).
(2)Fire Rescue Victoria may sell or dispose of any material salvaged from any building or structure shored up, pulled down, otherwise destroyed or removed under this section or section 32B.
(3)The proceeds of a sale or disposal under this section shall be applied towards any expenses incurred by Fire Rescue Victoria in relation to the shoring up, pulling down, other destruction or removal, and any surplus shall be paid by Fire Rescue Victoria to the owner of the building or structure.
(4)The owner of a building or structure shored up, pulled down, otherwise destroyed or removed under this section shall pay to Fire Rescue Victoria—
(a)the expenses incurred by Fire Rescue Victoria in relation to the shoring up, pulling down, other destruction or removal and remaining after the application of the proceeds of a sale or disposal under this section; or
(b)where there has been no sale or disposal under this section, the whole of the expenses incurred by Fire Rescue Victoria in relation to the shoring up, pulling down, other destruction or removal.
32DFalse alarm of fire
(1)This section applies if a unit in the Fire Rescue Victoria fire district responds to a false alarm of fire at a premises given by or originating from—
(a)an automatic fire alarm system; or
(b)equipment designed to detect a fire or other emergency conditions and transmit a signal of that detection.
(2)Fire Rescue Victoria may, by written notice, require the owner, occupier or owners corporation of the premises to provide details of the circumstances of the false alarm of fire to Fire Rescue Victoria.
(3)A person who receives a notice under subsection (2) may provide Fire Rescue Victoria with an explanation of the circumstances of the false alarm of fire and any information supporting the explanation including maintenance and testing records.
(4)Fire Rescue Victoria is not required to consider an explanation given by a person under subsection (3) unless it is—
(a)in writing; and
(b)provided to Fire Rescue Victoria within 14 days after the person has received the notice under subsection (2).
(5)After the expiry of the period provided under subsection (4)(b) for the provision of an explanation, Fire Rescue Victoria must consider whether or not there was a reasonable excuse for the occurrence of the false alarm having regard to—
(a)subject to subsection (4), any explanation and information provided by the person under subsection (3); and
(b)any report of the member of the operational staff who attended at the false alarm of fire at the premises; and
(c)the history of any attendances at the premises; and
(d)any other information that Fire Rescue Victoria considers is relevant.
(6)If, after considering the matters referred to in subsection (5), Fire Rescue Victoria is not satisfied that there was a reasonable excuse for the occurrence of the false alarm of fire, Fire Rescue Victoria may by written notice require the person to whom the notice under subsection (2) was given to pay to Fire Rescue Victoria the fees and charges prescribed for the attendance of the unit in response to the false alarm.
(7)A person who receives a notice under subsection (6) may apply to VCAT for review of the decision of Fire Rescue Victoria to issue the notice.
(8)An application under subsection (7) for a review must be made within 28 days after the later of—
(a)the day on which the applicant is notified of the decision; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision—the day on which—
(i)the statement of reasons is given to the applicant; or
(ii)the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.
33False report of fire
(1)A person must not give or cause to be given a false report of a fire to a unit in the Fire Rescue Victoria fire district knowing the report to be false.
Penalty:60 penalty units.
(2)In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under subsection (1) to pay to Fire Rescue Victoria—
(a)the fees and charges prescribed for the attendance of the unit in response to the false report; or
(b)a lesser amount as the court thinks fit.
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33AStrategic Advisory Committee
(1)The Strategic Advisory Committee is established by this section.
(2)The Strategic Advisory Committee consists of up to 7 members appointed under section 33B.
(3)The Minister must appoint one of the members of the Strategic Advisory Committee to be the Chairperson of the Committee.
33BAppointment of members of the Strategic Advisory Committee
* * * * *
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Metropolitan Fire Brigades Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.
The title of this Act was changed from the Metropolitan Fire Brigades Act 1958 to the Fire Rescue Victoria Act 1958 by section 23(1) of the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019.
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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Fire Rescue Victoria Act 1958 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Fire Rescue Victoria Act 1958, No. 6315/1958
Assent Date: 30.9.58 Commencement Date: S. 82 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 Note: S. 82 inserted s. 119(7) which provided that s. 119 expired on 31.12.20 Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Metropolitan Fire Brigades (Board) Act 1958, No. 6434/1958
Assent Date: 28.10.58 Commencement Date: 28.10.58 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Borrowing Powers) Act 1959, No. 6568/1959
Assent Date: 1.12.59 Commencement Date: 1.12.59 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Borrowing Powers) Act 1960, No. 6614/1960
Assent Date: 10.5.60 Commencement Date: 10.5.60 CurrentState: All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Long Service Leave) Act 1964, No. 7154/1964
Assent Date: 6.10.64 Commencement Date: 6.10.64 CurrentState: All of Act in operation
Public Officers (Long Service Leave) Act 1967, No. 7536/1967
Assent Date: 17.3.67 Commencement Date: 17.3.67 CurrentState: All of Act in operation
Fire Authorities (Borrowing Powers) Act 1969, No. 7864/1969
Assent Date: 21.10.69 Commencement Date: 21.10.69 CurrentState: All of Act in operation
Fire Brigades (Contributions) Act 1969, No. 7885/1969
Assent Date: 2.12.69 Commencement Date: 1.7.70: Government Gazette 1.7.70 p. 2271 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Amendment) Act 1969, No. 7926/1969
Assent Date: 16.12.69 Commencement Date: 17.6.70: Government Gazette 10.6.70 p. 1958 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Amendment) Act 1970, No. 8019/1970
Assent Date: 2.12.70 Commencement Date: 27.1.71 (except for ss 4, 5, 7, 8): Government Gazette 21.1.71 p. 200; ss 4, 5, 7, 8 on 15.12.72: Government Gazette 13.12.72 p. 3977 CurrentState: All of Act in operation
Statutory Salaries Act 1971, No. 8165/1971
Assent Date: 3.11.71 Commencement Date: 3.11.71: Government Gazette 13.12.72 p. 3977 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Amendment) Act 1973, No. 8476/1973
Assent Date: 20.11.73 Commencement Date: All of Act (except s. 4) on 20.11.73: s. 1(3); s. 4 on 1.7.74: s. 4(2) CurrentState: All of Act in operation
Constitution Act 1975, No. 8750/1975
Assent Date: 22.10.75 Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Borrowing Powers) Act 1975, No. 8753/1975
Assent Date: 18.11.75 Commencement Date: 18.11.75 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Long Service Leave) Act 1975, No. 8760/1975
Assent Date: 18.11.75 Commencement Date: 18.11.75 CurrentState: All of Act in operation
Statute Law Revision Act 1977, No. 9019/1977
Assent Date: 17.5.77 Commencement Date: 17.5.77 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Amendment) Act 1981, No. 9599/1981
Assent Date: 24.11.81 Commencement Date: 24.11.81 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Amendment) Act 1982, No. 9727/1982
Assent Date: 22.6.82 Commencement Date: 22.6.82 CurrentState: All of Act in operation
Fire Authorities Act 1983, No. 9928/1983
Assent Date: 28.6.83 Commencement Date: S. 13 on 29.6.83: Government Gazette 29.6.83 p. 1889; rest of Act on 20.7.83: Government Gazette 20.7.83 p. 2291 CurrentState: All of Act in operation
Metropolitan Fire Brigades (Amendment) Act 1984, No. 10043/1984
Assent Date: 1.5.84 Commencement Date: Ss 1–3, 13 on 2.5.84: Government Gazette 2.5.84 p. 1363; ss 4–12 on 9.5.84: Government Gazette 9.5.84 p. 1387 CurrentState: All of Act in operation
Fire Authorities Act 1984, No. 10149/1984 (as amended by No. 10173)
Assent Date: 13.11.84 Commencement Date: S. 21(2) on 31.10.84: s. 2(2); ss 1–3, 5, 7–9, 11, 12, 22–25 on 13.11.84: Government Gazette 13.11.84 p. 4051; rest of Act on 1.12.84: Government Gazette 30.11.84 p. 4207 CurrentState: All of Act in operation
Coroners Act 1985, No. 10257/1985
Assent Date: 10.12.85 Commencement Date: Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115 CurrentState: All of Act in operation
Health (Amendment) Act 1985, No. 10262/1985
Assent Date: 10.12.85 Commencement Date: S. 4 on 1.3.86: Government Gazette 26.2.86 p. 451 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Courts Amendment Act 1986, No. 16/1986
Assent Date: 22.4.86 Commencement Date: Ss 1–11, 13–27, 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701 CurrentState: All of Act in operation
Fire Authorities (Amendment) Act 1986, No. 45/1986
Assent Date: 20.5.86 Commencement Date: S. 7 on 1.11.86: s. 2(1); ss 1–6, 9–14 on 21.5.86: Government Gazette 21.5.86 p. 1484; s. 8 on 1.8.86: Government Gazette 30.7.86 p. 2945 CurrentState: All of Act in operation
Land Acquisition and Compensation Act 1986, No. 121/1986
Assent Date: 23.12.86 Commencement Date: 29.11.87: Government Gazette 25.11.87 p. 3224 CurrentState: All of Act in operation
Fire Authorities Act 1987, No. 43/1987
Assent Date: 19.5.87 Commencement Date: Ss 1, 2, 4, 6, 7, 9, 13 on 20.5.87; ss 3, 5, 8, 10–12, 14 on 1.7.87: Government Gazette 20.5.87 p. 1155 CurrentState: All of Act in operation
Liquor Control Act 1987, No. 97/1987
Assent Date: 1.12.87 Commencement Date: S. 181(10) on 3.5.88: Government Gazette 27.4.88 p. 1044 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
State Bank Act 1988, No. 29/1988
Assent Date: 17.5.88 Commencement Date: 9.6.88: Government Gazette 8.6.88 p. 1582 CurrentState: All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date: 24.5.88 Commencement Date: S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87: s. 2(2); Pt 1, Pt 6 Div. 2, s. 91 on 1.1.88: s. 2(3); rest of Act on 1.7.88: Government Gazette 1.6.88 p. 1487 CurrentState: All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended by No. 13/1990)
Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 items 79.1–79.6, 79.8–79.12,
79.14–79.18, 79.20) on 1.11.89: Government Gazette 1.11.89 p. 2798; (Sch. 2 items 79.7, 79.13, 79.19) on 1.10.92: Government Gazette 23.9.92 p. 2789CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Fire Authorities Act 1989, No. 50/1989 (as amended by No. 91/1989)
Assent Date: 14.6.89 Commencement Date: S. 29 on 30.6.89: Government Gazette 28.6.89 p. 1559; ss 28, 30, 33–36, 38–43 on 1.7.89: Government Gazette 28.6.89 p. 1559; ss 27,
44(3)–(6)(9)(10)(12) on 1.12.89: Government Gazette 8.11.89 p. 2864; ss 32, 44(2)(7)(8) on 1.1.90: Special Gazette (No. 71) 5.12.89 p. 1; ss 31, 37, 44(1) on 3.7.90: Special Gazette (No. 31) 3.7.90 p. 1CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 CurrentState: All of Act in operation
Fire Authorities (Contributions) Act 1989, No. 91/1989
Assent Date: 5.12.89 Commencement Date: Ss 1–6, 7(b)–(h), 8 on 12.12.89: Special Gazette (No. 72) 12.12.89 p. 1; s. 7(a) on 1.9.94: Special Gazette (No. 58) 30.8.94 p. 1 CurrentState: All of Act in operation
State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990
Assent Date: 18.12.90 Commencement Date: Pts 1 (ss 1–6), 2 (ss 7, 8) on 18.12.90: s. 2(1); Pt 4 (ss 28–38) on 31.12.90: s. 2(2); rest of Act (Pts 3, 5) on 1.1.91: Special Gazette (No. 73) 31.12.90 p. 1 CurrentState: All of Act in operation
Fire Authorities (Amendment) Act 1991, No. 5/1991
Assent Date: 16.4.91 Commencement Date: Ss 3 (except sub-s. (5)), 4 (except sub-s. (5)) on 12.12.89: s. 2(2); ss 3(5), 4(5) on 1.10.90: s. 2(3); rest of Act on 16.4.91: s. 2(1) CurrentState: All of Act in operation
Fire and Emergency Services (Miscellaneous Amendments) Act 1992, No. 39/1992
Assent Date: 16.6.92 Commencement Date: 30.6.92: Government Gazette 24.6.92 p. 1531 CurrentState: All of Act in operation
Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992
Assent Date: 23.6.92 Commencement Date: 1.8.92: Government Gazette 22.7.92 p. 1874 CurrentState: All of Act in operation
Employee Relations Act 1992, No. 83/1992
Assent Date: 24.11.92 Commencement Date: S. 184(Sch. 6 items 14.1–14.3) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993
Assent Date: 23.11.93 Commencement Date: Pt 1 (ss 1–3) on 23.11.93: s. 2(1); rest of Act on 24.5.94: s. 2(3) CurrentState: All of Act in operation
Fire Authorities (Miscellaneous Amendments) Act 1995, No. 2/1995
Assent Date: 15.3.95 Commencement Date: Pts 1, 2 (ss 1–3) on 15.3.95: s. 2(1); ss 4, 16 on 23.3.95: Government Gazette 23.3.95 p. 611; rest of Act on 1.9.95: s. 2(3) CurrentState: All of Act in operation
Equal Opportunity Act 1995, No. 42/1995
Assent Date: 14.6.95 Commencement Date: S. 224(Sch. 2 item 25) on 1.1.96: Government Gazette 21.12.95 p. 3571 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Port Services Act 1995, No. 82/1995
Assent Date: 28.11.95 Commencement Date: S. 206 on 14.12.95: Government Gazette 14.12.95 p. 3488 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996
Assent Date: 12.12.96 Commencement Date: S. 10(Sch. 2 items 15.1–15.3) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Fire Authorities (Amendment) Act 1997, No. 24/1997 (as amended by No. 74/2000)
Assent Date: 20.5.97 Commencement Date: Pt 3 on 1.9.97: Government Gazette 14.8.97 p. 2085 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Port Services (Amendment) Act 1997, No. 63/1997
Assent Date: 5.11.97 Commencement Date: S. 10(4)(Sch. items 3.1, 3.2) on 10.12.97: Government Gazette 4.12.97 p. 3290 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 62) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Local Government (Governance and Melton) Act 1998, No. 86/1998
Assent Date: 17.11.98 Commencement Date: S. 23 on 1.7.99: Government Gazette 17.6.99 p. 1406 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Emergency Management (Amendment) Act 2000, No. 48/2000
Assent Date: 14.6.00 Commencement Date: 15.6.00: s. 2 CurrentState: All of Act in operation
Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002
Assent Date: 23.4.02 Commencement Date: S. 3(Sch. item 11) on 23.4.02: s. 2 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, No. 49/2002
Assent Date: 22.10.02 Commencement Date: Ss 26–29 on 23.10.02: s. 2(1) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Port Services (Port of Melbourne Reform) Act 2003, No. 23/2003 (as amended by No. 29/2006)
Assent Date: 13.5.03 Commencement Date: S. 28 on 3.11.03: Government Gazette 30.10.03 p. 2744 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Victorian Urban Development Authority Act 2003, No. 59/2003
Assent Date: 16.6.03 Commencement Date: S. 122 on 1.8.03: Government Gazette 31.7.03 p. 2125 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Road Management Act 2004, No. 12/2004
Assent Date: 11.5.04 Commencement Date: S. 163 on 1.7.04: s. 2(2) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Crimes (Amendment) Act 2004, No. 41/2004
Assent Date: 16.6.04 Commencement Date: S. 22 on 17.6.04: s. 2 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Emergency Services Telecommunications Authority Act 2004, No. 98/2004
Assent Date: 14.12.04 Commencement Date: S. 41 on 1.7.05: Government Gazette 9.6.05 p. 1175 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 133) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Statute Law Revision Act 2005, No. 10/2005
Assent Date: 27.4.05 Commencement Date: S. 3(Sch. 1 item 16) on 28.4.05: s. 2 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 68) on 12.12.05: Government Gazette 1.12.05 p. 2781 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Victoria State Emergency Service Act 2005, No. 51/2005
Assent Date: 24.8.05 Commencement Date: Ss 67–74 on 1.7.06: s. 2(3) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 32) on 1.7.06: Government Gazette 29.6.06 p. 1315 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006
Assent Date: 10.10.06 Commencement Date: S. 27 on 1.7.07: Government Gazette 28.6.07 p. 1303 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 70) on 11.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Coroners Act 2008, No. 77/2008
Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 17) on 1.11.09: s. 2 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 35) on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Health and Human Services Legislation Amendment Act 2010, No. 29/2010
Assent Date: 8.6.10 Commencement Date: S. 65 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010
Assent Date: 17.8.10 Commencement Date: Ss 51, 52 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Justice Legislation Further Amendment Act 2010, No. 64/2010
Assent Date: 28.9.10 Commencement Date: Ss 23–26 on 1.11.10: Government Gazette 21.10.10 p. 2530 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Fire Services Commissioner Act 2010, No. 73/2010
Assent Date: 19.10.10 Commencement Date: Ss 53–58 on 1.12.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Emergency Services Legislation Amendment Act 2012, No. 5/2012
Assent Date: 6.3.12 Commencement Date: Ss 59–98 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Fire Services Property Levy Act 2012, No. 58/2012 (as amended by No. 81/2012)
Assent Date: 16.10.12 Commencement Date: Ss 104, 106, 107 on 17.10.12: s. 2(1); s. 105(2) on 31.12.12: s. 2(2); ss 105(1), 108 on 1.7.13: s. 2(3); ss 103, 109, 110(1) on 1.7.14: s. 2(5); s. 110(2) on 1.7.15: s. 2(7) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Emergency Management Act 2013, No. 73/2013
Assent Date: 3.12.13 Commencement Date: Ss 88–90 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 63) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 113) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015
Assent Date: 22.9.15 Commencement Date: Ss 33, 34 on 23.9.15: s. 2(1) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016
Assent Date: 22.3.16 Commencement Date: S. 179(Sch. 1 item 6) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1 CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)
Assent Date: 28.8.18 Commencement Date: S. 43 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
Assent Date: 2.7.19 Commencement Date: Ss 23–55, 58–65, 82–143 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 Note: S. 82 inserted s. 119(7) which provides that s. 119 expires on 31.12.20; s. 85 inserted s. 145 which repeals ss 121–144 on 1.7.30 Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 70.1) on 1.5.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 70.2) on 1.7.21: s. 2(4) Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Police and Emergency Legislation Amendment Act 2020, No. 29/2020
Assent Date: 27.10.20 Commencement Date: Ss 18, 19 on 2.12.20: Special Gazette (No. 624) 1.12.20 p. 1 Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022
Assent Date: 24.5.22 Commencement Date: S. 91 on 1.7.22: Government Gazette 23.6.22 p. 2737 Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023
Assent Date: 5.9.23 Commencement Date: S. 7(Sch. 1 item 12) on 6.9.23: s. 2 Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Triple Zero Victoria Act 2023, No. 32/2023
Assent Date: 8.11.23 Commencement Date: Ss 100, 101 on 15.12.23: Special Gazette (No. 670) 12.12.23 p. 1 Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024
Assent Date: 20.2.24 Commencement Date: Ss 5−8 on 21.2.24: s. 2(1) CurrentState: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
Assent Date: 10.9.24 Commencement Date: S. 113(Sch. 1 item 11) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
Fire Services Property Amendment (Emergency Services and Volunteers Fund) Act 2025, No. 16/2025
Assent Date: 27.5.25 Commencement Date: S. 22(2) on 1.7.25: s. 2 Current State: This information relates only to the provision/s amending the Fire Rescue Victoria Act 1958
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Metric Conversion (Metropolitan Fire Brigades Act 1958) Regulations 1974, S.R. No. 158/1974
Date of Making: 7.5.74 Date of Commencement: 7.5.74
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3 Explanatory details
[1] S. 63: The amendment proposed by section 58(3) of the Fire Services Commissioner Act 2010, No. 73/2010 is not included in this publication due to the earlier repeal of section 63 by section 26 of the Justice Legislation Further Amendment Act 2010, No. 64/2010.
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