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Firefighters' Presumptive Rights
Compensation and Fire Services
Legislation Amendment (Reform)
Bill 2019
Introduction Print
EXPLANATORY MEMORANDUM
General
The purpose of the Bill is to--
provide a rebuttable presumption to claim compensation under
the Workplace Injury Rehabilitation and Compensation
Act 2013 for career firefighters and volunteer firefighters who
are suffering, or will suffer, from specified forms of cancer;
and
amend the Metropolitan Fire Brigades Act 1958 and
Country Fire Authority Act 1958 to modernise Victoria's fire
services framework, particularly as it relates to metropolitan
areas.
Clause Notes
Part 1--Preliminary
Clause 1 provides that the main purposes of the Bill are--
to provide a rebuttable presumptive entitlement to
compensation under the Workplace Injury
Rehabilitation and Compensation Act 2013
(WIRC Act) for career firefighters and volunteer
firefighters suffering from specified forms of cancer;
and
591019 1 BILL LA INTRODUCTION 30/5/2019
to amend the Metropolitan Fire Brigades Act 1958
to--
abolish the Metropolitan Fire and Emergency
Services Board and establish Fire Rescue
Victoria to take on its functions;
abolish the positions of Chief Executive Officer
of the Metropolitan Fire and Emergency Services
Board and Chief Officer of the Metropolitan Fire
and Emergency Services, and establish the
positions of Fire Rescue Commissioner and
Deputy Fire Rescue Commissioner;
establish the Strategic Advisory Committee to
advise the Fire Rescue Commissioner;
change the boundaries of the Fire Rescue
Victoria fire district;
provide a new mechanism for changing the
boundaries of the Fire Rescue Victoria fire
district by establishing the Fire District Review
Panel to review the Fire Rescue Victoria fire
district; and
establish the Fire Services Monitor and the
Firefighters Registration Board.
to amend the Country Fire Authority Act 1958 to--
make it an objective of the Country Fire
Authority to support the recruitment,
development and retention of volunteer officers
and members;
recognise the Country Fire Authority as a fully
volunteer fire fighting service; and
allow certain functions to be performed and
powers to be exercised within the Fire Rescue
Victoria fire district to support co-location of
volunteer brigades with Fire Rescue Victoria
units; and
to make consequential and other amendments to other
Acts.
2
Clause 2 sets out the commencement provisions for the Bill and provides
that--
Part 1 and Part 2, which relate to the rebuttable
presumptive right entitlement, come into operation on
the day after the day on which this Act receives the
Royal Assent; and
the remaining provisions of the Bill, which relate to the
modernisation of the fire services framework, come into
operation on a day to be proclaimed.
There is no default commencement date for the remaining
provisions of the Bill due to the need for various preparatory
steps to be taken before the reforms relating to the establishment
of Fire Rescue Victoria and proposed changes to the Fire Rescue
Victoria fire district commence operation.
Clause 3 provides that in certain Parts of the Bill the Metropolitan Fire
Brigades Act 1958 is called the Principal Act.
Part 2--Firefighters' Presumptive Rights Compensation
Division 1--Preliminary
Clause 4 defines various terms in the Bill. Subclause (1) contains
definitions of the following terms--advisory committee,
Authority, career firefighter, CFA, firefighter, firefighting
and volunteer firefighter.
The definition of career firefighter identifies persons, to whom
the presumptive entitlements in Division 2 of Part 2 of the Bill
applies, as being persons who are or have previously been
employed by a fire service as a firefighter in a role in which
firefighting duties are or were a substantial portion. This will
include firefighters employed by Fire Rescue Victoria, or by
predecessor organisations under the Country Fire Authority
Act 1958 or Metropolitan Fire Brigades Act 1958.
The definition of firefighter applies to persons who fall within
the definitions of the terms career firefighter and/or volunteer
firefighter.
The definition of firefighting means exposure to the hazards of a
fire scene, including extinguishing, controlling or preventing the
spread of fires.
3
The definition of volunteer firefighter identifies persons, to
whom the presumptive entitlements in Part 3 of the Bill apply,
as being a person who performs or has performed firefighting
duties, in a role in which firefighting duties are or were a
substantial portion, and who receives or received no
remuneration for the performance of those duties.
Subclause (2) states that a reference to employment in the Bill
includes a reference to appointment. This is to ensure that the
presumption applies to career firefighters who are appointed
under the CFA Act.
Clause 5 sets out the way the firefighters' presumptive rights compensation
component of the Bill should be construed. It clarifies that this
component of the Bill is to be read as if it formed part of the
WIRC Act; that, if there is any inconsistency between this Bill
and the WIRC Act, this Bill will prevail to the extent of the
inconsistency; and that words and expressions defined in clause 4
of the Bill will have the same meaning as they have in the WIRC
Act, unless inconsistent with the context or subject-matter. It
provides that if a firefighter satisfies the presumption under
Division 2, 3 or 4, their disease is taken to be an injury within the
meaning of the WIRC Act.
Division 2--Operation of presumption in relation
to career firefighters
Clause 6 establishes that career firefighters have a presumed entitlement to
compensation under the WIRC Act if they are suffering from a
cancer listed in the Table in Schedule 1 and if they meet certain
qualifying requirements.
The injury (meaning the relevant cancer) must have occurred on
or after 1 June 2016. This application is consistent with the
Victorian Government's election commitment to introduce a
presumptive entitlement for firefighters within eighteen months
following the 2014 Victorian election.
The injury must occur while the worker is employed as a career
firefighter or within 10 years after they last served or were
employed as a firefighter.
The worker must have been employed or served as a firefighter
for at least the qualifying period listed for the relevant cancer in
the Table in Schedule 1.
4
The presumptive entitlement to compensation may be rebutted if
there is evidence that the relevant cancer is not due to the nature
of the worker's employment as a firefighter.
Subclause (2) provides that, for the purposes of the presumption
under this provision, the injury is taken to have occurred either
on the day on which the worker is first diagnosed with the
relevant disease listed in Schedule 1, or dies by reason of the
disease, whichever comes first.
Clause 7 establishes that for the purposes of determining whether a career
firefighter meets the qualifying period requirement, multiple
different periods of employment as a career firefighter or
service as a volunteer firefighter may be combined. However,
concurrent periods of employment or service may not be counted
twice.
Clause 8 establishes that a firefighter is to be treated as a career firefighter,
meaning that their claim is to be governed in accordance with
Division 2 of Part 2 of the Bill, if they are currently employed as
a career firefighter, if their most recent employment or service
was employment as a career firefighter, or if the majority of their
service period was as a career firefighter.
For example, a firefighter who was employed for 20 years as a
career firefighter before retiring and subsequently serving as a
volunteer firefighter for 10 years should have their claim
processed under this Division, as the majority of their service is
as a career firefighter. Similarly, a volunteer firefighter who
subsequently becomes a career firefighter would also have their
claim processed under this Division, as their most recent service
is as a career firefighter.
Division 3--Operation of presumption in relation
to volunteer firefighters
Clause 9 establishes that volunteer firefighters have a presumed
entitlement to compensation under the WIRC Act if they are
suffering from a cancer listed in the Table in Schedule 1 and if
they meet certain qualifying requirements.
The injury (meaning the relevant cancer) must have occurred on
or after 1 June 2016. This application is consistent with the
Victorian Government's election commitment to introduce a
5
presumptive entitlement for firefighters within 18 months
following the 2014 Victorian election.
The injury must occur while the volunteer firefighter is serving as
a volunteer firefighter or within 10 years after they last served as
a firefighter.
The volunteer firefighter must have served as a firefighter for at
least the qualifying period listed for the relevant cancer in the
Table in Schedule 1. Additionally, they must have attended fires
to the extent reasonably necessary to fulfil their duties as a
firefighter.
The presumed entitlement to compensation may be rebutted if
there is evidence that the relevant cancer is not due to the nature
of the worker's service as a firefighter.
Subclause (2) provides that, for the purposes of the presumption
under this provision, the injury is taken to have occurred either
on the day on which the worker is first diagnosed with the
relevant disease listed in Schedule 1, or dies by reason of the
disease, whichever comes first.
Clause 10 establishes that for the purposes of determining whether a
volunteer firefighter meets the qualifying period requirement,
multiple different periods of employment as a career firefighter
or service as a volunteer firefighter may be combined. However,
concurrent periods of employment or service may not be counted
twice.
Clause 11 establishes that, subject to clause 8, a firefighter is to be treated
as a volunteer firefighter, meaning that their claim is to be
governed in accordance with Division 3 of Part 2 of the Bill, if
they are currently serving as a volunteer firefighter or if their
most recent employment or service was as a volunteer firefighter.
To remove any ambiguity, if the majority of a firefighter's service
is as a career firefighter, regardless of any time spent as a
volunteer, they should be treated as a career firefighter and their
claim should be assessed under Division 2 of Part 2 of the Bill.
This Division does not apply to claims for such firefighters.
Clause 12 establishes that the advisory committee will provide an expert
opinion to the Authority as to whether the volunteer firefighter
has attended fires to the extent reasonably necessary to fulfil their
duties as a firefighter.
6
Subclause (2) outlines matters which the committee must have
regard to in providing its advice, including relevant records,
brigade records, CFA data, employer data and local knowledge,
as well as any other matter specified in the regulations. In this
subclause, employer means the fire service engaging the
volunteer firefighter. This is consistent with the approach taken
by the administrative committee established in Queensland to
assist with establishing the evidence base for volunteer claims.
Subclause (3) provides that the Authority must have regard to the
committee's opinion, however it is not bound by the opinion.
Division 4--Operation of presumption because
of special consideration
Clause 13 establishes an alternative "special consideration" presumptive
entitlement for firefighters who have an injury that is a cancer
referred to column 1 of the Table in Schedule 1 and who
otherwise do not have a presumptive entitlement because they do
not meet the relevant qualifying period requirements set out in
clauses 6 and 9 of the Bill. In order to qualify for a "special
consideration" presumptive entitlement, the firefighter must
prove that they have personally had an exceptional exposure
event in a firefighting capacity. Firefighters who intend to rely
on this alternative presumptive entitlement must make an
application for special consideration in accordance with clause 14
of this Bill.
Clause 14 sets out the matters which must be considered in determining
whether a firefighter had an exceptional exposure event.
It requires regard to be given to the nature of the event. Regard
must also be had to any relevant findings concerning the event
from a coroner, court or other inquiry, to relevant records,
brigade records, CFA data, employer data or local knowledge,
and any other matter prescribed by the regulations. In this clause,
employer means the fire service that employs a career firefighter
or engages the services of a volunteer firefighter.
Clause 15 sets out procedural requirements for making an application for
special consideration, including the form of the application and
the timeframes within which an application may be made.
7
Clause 16 sets out the procedure to be followed by the Authority in
determining a claim for special consideration including
timeframes the Authority must adhere to.
The clause provides that applications for special consideration
will only be determined if the Authority has rejected a claim for
compensation. It is intended that the application for special
consideration operates as a secondary recourse available to
firefighters if their initial claim for compensation is rejected.
The clause also establishes that the Authority must seek advice
from the advisory committee in relation to applications for
special consideration but is not required to make a determination
consistent with the advice.
Division 5--General
Clause 17 confirms that if a firefighter has had an injury that occurred on or
after 1 June 2016 and has, prior to the commencement of Part 2
of this Bill, made a claim in relation to that injury under the
WIRC Act or the Country Fire Authority Regulations 2014
(CFA Regulations) which has been rejected, they are not
prevented from making a new claim for compensation in
accordance with this Bill.
Clause 18 provides for volunteer presumptive entitlement claims to be
governed under the WIRC Act. Claims for compensation by
volunteer firefighters are normally managed by the CFA's
Volunteer Compensation Scheme in accordance with the CFA
Regulations. Subclauses (1)-(5) establish that where a volunteer
firefighter has a presumptive entitlement to compensation under
this Bill, their claim is to be made and governed under the WIRC
Act as if they were a worker and their disease were an injury
arising out of or in the course of their employment.
Subclauses (6) and (7) explicitly provide for the administration
of certain aspects of volunteer firefighter claims, which the
WIRC Act does not otherwise adequately address. Specifically,
clause (6) establishes a mechanism for determining the pre-injury
average weekly earnings of a volunteer firefighter for the
purposes of the WIRC Act. The WIRC Act does not otherwise
provide for the calculation of pre-injury average weekly earnings
for volunteers. Subclause (7) permits the Authority to take
certain actions to assist the return to work of a volunteer
firefighter. This recognises that employer return to work
8
obligations under the WIRC Act do not apply in relation to
volunteer claims.
Subclauses (8) and (9) require the Authority to pay compensation
to volunteer firefighters out of the WorkCover Authority Fund,
including any reasonable costs and expenses incurred in
administering claims.
Clause 19 governs the interaction between volunteer firefighters' duplicate
entitlements under the WIRC Act and the CFA Regulations.
Subclause (1) establishes that a volunteer firefighter is not
entitled to make a compensation claim in respect of the same
injury under the WIRC Act and the CFA Regulations at the same
time. This ensures that there cannot be duplicate claims on foot
at the same time.
Subclauses (2) and (3) provide that, if a volunteer firefighter's
presumptive entitlement claim is rejected they may still make a
claim for compensation under the CFA Regulations in respect of
the same injury without prejudice. This ensures that a volunteer
firefighter is not disadvantaged if they make a presumptive
entitlement claim which is rejected.
Subclause (4) sets out an exception to subclauses (2) and (3) and
provides that a volunteer firefighter is prevented from making a
claim under the CFA Regulations where the Authority has
rebutted their presumptive entitlement, by proving that the
relevant cancer was not due to the nature of their service as a
firefighter. This recognises that if cancer is not service related
the volunteer firefighter will not have an entitlement under the
CFA Regulations.
Subclauses (5) and (6) provides that, if a volunteer firefighter's
claim for compensation under the CFA Regulations is rejected,
they may still make a presumptive entitlements claim in respect
of the same injury without prejudice. This ensures that a
volunteer firefighter is not disadvantaged if they make a claim
under the CFA Regulations which is rejected.
Subclause (7) confirms that a volunteer firefighter is not entitled
to compensation in relation to the same injury under both the
WIRC Act and Part 6 of the CFA Regulations. This ensures that
volunteer firefighters do not have duplicate entitlements to
compensation in relation to the same injury.
9
Subclause (8) allows the exchange of information between the
Authority and the CFA in respect of a proceeding or claim for
compensation by a volunteer firefighter in relation to the same
injury under the WIRC Act and Part 6 of the CFA Regulations.
Clause 20 provides for the establishment of an advisory committee, which
will provide expert opinions to the Authority in regards to
whether a volunteer firefighter has attended fires to the extent
reasonably necessary to fulfil the purposes of their service, or
whether a firefighter has had an exceptional exposure event.
The clause also allows that certain matters relating to the
constitution and administration of the advisory committee may be
set out in regulations made under clause 22.
Clause 21 authorises payments by the Authority out of the WorkCover
Authority Fund and provides for matters relating to the
administration of the Bill. The clause also provides that the
WorkCover Authority Fund must be reimbursed out of the
Consolidated Fund for any payments made under clause 17 in
relation to volunteer firefighter claims, including any reasonable
costs and expenses incurred in relation to the administration of
these claims.
Clause 22 authorises regulations to be made under this Bill. Subclause (1)
is the general regulation-making power, enabling the Governor in
Council to make regulations for or with respect to any matter or
thing required or permitted by this Bill. Subclause (2) allows the
regulations to confer powers or impose duties in connection with
the regulations on any specified person or class of person; and to
apply, adopt or incorporate, with or without modification, any
matter contained in specified documents.
Part 3--Amendments relating to the establishment
of Fire Rescue Victoria
Clause 23 renames the title of the Principal Act to the Fire Rescue Victoria
Act 1958.
Clause 24 substitutes "Fire Rescue Victoria" for "a Metropolitan Fire and
Emergency Services Board".
Clause 25 inserts new section 2A into the Principal Act to include
objectives relating to the interaction between Fire Rescue
Victoria and the Country Fire Authority. This provision clarifies
10
the collaborative processes and support to be provided to
volunteers (such as through secondment agreements under new
section 25C in the Principal Act or in relation to co-located
brigades in the Fire Rescue Victoria fire district).
Subsection (1) of new section 2A provides that it is the intention
of Parliament that Fire Rescue Victoria and the Country Fire
Authority establish processes that will ensure that they--
promote collaboration and coordination between fire
services agencies to best meet the safety needs of the
community; and
recognise the importance of maintaining capacity to
respond to peaks in demand for fire services within fire
services agencies; and
recognise and value the contribution of volunteer
brigades; and
recognise that both volunteer and career firefighters are
vital to delivering safe and sustainable fire services; and
maintain the ability of fire services to respond to critical
incidents, prevent or suppress fires and protect life or
property.
Subsection (2) of new section 2A clarifies that, in this section, the
terms career firefighter and volunteer firefighter have the same
meanings as in the Firefighters' Presumptive Rights
Compensation and Fire Services Legislation Amendment
(Reform) Act 2019.
Clause 26 subclause (1) inserts additional definitions into the Principal Act
including--
Country Fire Authority which is defined to mean the Authority
appointed under section 6(1) of the Country Fire Authority
Act 1958.
Deputy Fire Rescue Commissioner which is defined to
mean a Deputy Fire Rescue Commissioner appointed under
section 9A(1).
Fire Rescue Victoria which is defined to mean the authority
established by section 6.
11
Fire Rescue Commissioner which is defined to mean the Fire
Rescue Commissioner appointed under section 9(1).
Strategic Advisory Committee which is defined to mean the
committee established by section 33A.
volunteer brigade which has the same meaning as it has in the
Country Fire Authority Act 1958.
Subclause (2) repeals the definitions of Board and Chief Officer
as these positions are abolished under clauses 26 and 39,
respectively.
Subclause (3) replaces various references to the Board with
Fire Rescue Victoria in section 3 of the Principal Act.
Clause 27 substitutes a new section 6 of the Principal Act.
Subsection (1) of new section 6 establishes Fire Rescue Victoria.
Subsection (2) of new section 6 provides that Fire Rescue
Victoria is constituted by the Fire Rescue Commissioner.
Subsection (3) of new section 6 provides that Fire Rescue
Victoria--
is a body corporate with perpetual succession;
must have an official seal;
may sue and be sued in its corporate name;
may acquire, hold and dispose of real and personal
property for the purpose of performing its functions; and
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.
Clause 28 inserts the following two additional functions for Fire Rescue
Victoria into section 7 of the Principal Act--
implementing the fire and emergency services priorities
of the Government; and
providing 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
12
Authority Act 1958, including support to maintain,
strengthen and encourage the capability of volunteers.
This requirement will apply to operational and
management support provided through a secondment
agreement under new section 25C of the Principal Act.
The function reflects the new powers outlined in
clause 38.
Clause 29 substitutes in section 7AA of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 30 substitutes in section 7A of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria.
Clause 31 substitutes in section 7AB of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria.
Clause 32 substitutes in section 7AC of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria.
Clause 33 substitutes in section 7AD of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 34 substitutes in section 7AE of the Principal Act references to the
Board or Authority for references to Fire Rescue Victoria.
Clause 35 substitutes in section 7B of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria.
Clause 36 inserts a new section 7C into the Principal Act, which outlines
the functions and powers of the Fire Rescue Commissioner and a
Deputy Fire Rescue Commissioner.
Subsection (1) of new section 7C provides that there is to be a
Fire Rescue Commissioner and as many Deputy Fire Rescue
Commissioners as the Governor in Council considers necessary.
Subsection (2) of new section 7C provides that the Fire Rescue
Commissioner has all the functions, duties and powers of Fire
Rescue Victoria, as well as any other functions, duties and
powers conferred on the Fire Rescue Commissioner by or under
this Act or the regulations or any other Act or regulations under
any other Act.
13
Subsection (3) of new section 7C provides that 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.
Subsection (4) of new section 7C provides that 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.
Clause 37 substitutes a new section 8 into the Principal Act outlining the
accountability of Fire Rescue Victoria and the Fire Rescue
Commissioner.
Subsection (1) of new section 8 provides that Fire Rescue
Victoria and the Fire Rescue Commissioner are subject to the
general direction and control of the Minister, including, but not
limited to, the policies and priorities to be pursued by Fire
Rescue Victoria and the Fire Rescue Commissioner.
Subsection (2) of new section 8 allows the Minister to give
written directions to Fire Rescue Victoria and the Fire Rescue
Commissioner.
Subsection (3) of new section 8 limits the Minister's ability to
issue directions in relation to operational functions and powers of
Fire Rescue Victoria and the Fire Rescue Commissioner,
including a number of specific operational provisions in the
Principal Act.
Subsection (4) of new section 8 limits the Minister's ability to
give a direction in relation to the exercise of the powers of
delegation under the Principal Act.
Subsection (5) of new section 8 limits the Minister's ability to
give a direction in relation to the organisational structure of Fire
Rescue Victoria. This limitation reflects section 10(2)(e) of the
Victoria Police Act 2013.
Subsection (6) of new section 8 limits the Minister's ability to
give a direction in relation to--
the allocation or deployment of employees at particular
locations; or
the establishment of fire units or emergency services
units.
14
Subsection (7) of new section 8 sets out the requirements for the
Minister in giving a direction.
Clause 38 substitutes a new section 9 into the Principal Act and inserts new
sections 9A to 9G outlining a range of matters in relation to the
Fire Rescue Commissioner and a Deputy Fire Rescue
Commissioner.
New section 9 outlines the appointment process for the Fire
Rescue Commissioner.
Subsection (1) of new section 9 provides that the Fire Rescue
Commissioner is to be appointed by the Governor in Council, on
the recommendation of the Minister.
Subsection (2) of new section 9 provides that 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--
fire services; or
emergency services; or
a related field.
Subsection (3) of new section 9 provides that the Fire Rescue
Commissioner holds office for the period, not exceeding 5 years,
specified in the instrument of their appointment.
Subsection (4) of new section 9 sets out the entitlements of the
Fire Rescue Commissioner.
Subsection (5) of new section 9 allows the Fire Rescue
Commissioner to be reappointed.
Subsection (6) of new section 9 provides that the Fire Rescue
Commissioner holds office on the terms and conditions specified
in the instrument of their appointment.
New section 9A outlines the appointment process for Deputy Fire
Rescue Commissioners.
Subsection (1) of new section 9A provides that a Deputy Fire
Rescue Commissioner is to be appointed by the Governor in
Council, on the recommendation of the Minister.
15
Subsection (2) of new section 9A provides that 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--
fire services; or
emergency services; or
a related field.
Subsection (3) of new section 9A requires the Minister to consult
the Fire Rescue Commissioner before recommending the
appointment of a Deputy Fire Rescue Commissioner to the
Governor in Council.
Subsection (4) of new section 9A provides that a Deputy Fire
Rescue Commissioner holds office for the period, not exceeding
5 years, specified in the instrument of their appointment.
Subsection (5) of new section 9A sets out the entitlements of a
Deputy Fire Rescue Commissioner.
Subsection (6) of new section 9A allows a Deputy Fire Rescue
Commissioner to be reappointed.
Subsection (7) of new section 9A provides that Deputy Fire
Rescue Commissioner holds office on the terms and conditions
specified in the instrument of their appointment.
New section 9B outlines the conditions on which the Fire Rescue
Commissioner or a Deputy Fire Rescue Commissioner ceases to
hold office.
New section 9C outlines the resignation requirements for the Fire
Rescue Commissioner or a Deputy Fire Rescue Commissioner.
New section 9D outlines how the Fire Rescue Commissioner or a
Deputy Fire Rescue Commissioner can be removed from office.
Subsection (2) of new section 9D requires the Minister to consult
the Fire Rescue Commissioner before recommending the removal
of a Deputy Fire Rescue Commissioner to the Governor in
Council.
New section 9E outlines the suspension process for the Fire
Rescue Commissioner or a Deputy Fire Rescue Commissioner.
16
Subsection (1) of new section 9E provides that the Fire Rescue
Commissioner or a Deputy Fire Rescue Commissioner may be
suspended from office by the Governor in Council.
Subsection (2) of new section 9E provides that the Governor in
Council must not suspend the Fire Rescue Commissioner or a
Deputy Fire Rescue Commissioner 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).
Subsection (3) of new section 9E provides that the Governor
in Council may revoke the suspension of the Fire Rescue
Commissioner or a Deputy Fire Rescue Commissioner at
any time.
Subsection (4) of new section 9E provides that if--
the Fire Rescue Commissioner or a Deputy Fire Rescue
Commissioner has been suspended; and
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.
New section 9F sets out the process for appointing an acting Fire
Rescue Commissioner.
Subsection (1) of new section 9F provides that the Governor in
Council may appoint a person to act as the Fire Rescue
Commissioner for a period of not more than 12 months--
during a vacancy in the office of the Fire Rescue
Commissioner; or
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.
Subsection (2) of new section 9F provides that the Minister may
appoint a person to act as the Fire Rescue Commissioner for a
period of not more than 4 weeks--
17
during a vacancy in the office of the Fire Rescue
Commissioner; or
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.
Subsection (3) of new section 9F requires that 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--
fire services; or
emergency services; or
a related field.
Subsection (4) of new section 9F provides that a person
appointed to act as the Fire Rescue Commissioner--
holds office for the period specified in the instrument of
appointment;
is entitled to the remuneration and allowances to which
the Fire Rescue Commissioner would have been
entitled; and
holds office on such other terms and conditions as are
specified in the instrument of appointment.
Subsection (5) of new section 9F provides that 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.
Subsection (6) of new section 9F provides that the Governor in
Council may revoke an appointment under subsection (1) at any
time.
Subsection (7) of new section 9F provides that the Minister may
revoke an appointment under subsection (2) at any time.
Subsection (8) of new section 9F provides that a person
appointed to act as the Fire Rescue Commissioner is eligible for
reappointment.
New section 9G sets out the process for appointing an acting
Deputy Fire Rescue Commissioner.
18
Subsection (1) of new section 9G provides that 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--
during a vacancy in the office of a Deputy Fire Rescue
Commissioner; or
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.
Subsection (2) of new section 9G provides that 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--
during a vacancy in the office of a Deputy Fire Rescue
Commissioner; or
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.
Subsection (3) of new section 9G provides that 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--
fire services; or
emergency services; or
a related field.
Subsection (4) of new section 9G provides that 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.
Subsection (5) of new section 9G provides that a person
appointed to act as a Deputy Fire Rescue Commissioner--
holds office for the period specified in the instrument of
appointment; and
is entitled to the remuneration and allowances to which
a Deputy Fire Rescue Commissioner would have been
entitled; and
19
holds office on such other terms and conditions as are
specified in the instrument of appointment.
Subsection (6) of new section 9G provides that 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.
Subsection (7) of new section 9G provides that the Governor in
Council may revoke an appointment at any time.
Subsection (8) of new section 9G provides that the Fire Rescue
Commissioner may revoke an appointment at any time.
Subsection (9) of new section 9G provides that a person
appointed to act as a Deputy Fire Rescue Commissioner is
eligible for reappointment.
Clause 39 repeals sections 10, 11 and 11A of the Principal Act. These
sections are no longer required as they relate to Board, which is
abolished under the Bill.
Clause 40 ensures that Public Administration Act 2004 applies to the Fire
Rescue Commissioner and a Deputy Fire Rescue Commissioner.
Clause 41 repeals sections 13, 14 and 15 of the Principal Act. These
sections are no longer required as they relate to Board, which is
abolished under the Bill.
Clause 42 substitutes a new section 16 of the Principal Act. New section 16
gives Fire Rescue Victoria, the Fire Rescue Commissioner, a
Deputy Fire Rescue Commissioner, an acting Fire Rescue
Commissioner or an acting Deputy Fire Rescue Commissioner
the existing protection for decisions of the Board in the Principal
Act, where such decisions are affected by certain matters.
Clause 43 relates to the existing immunity of members of the Board and
applies the same immunity to Fire Rescue Victoria and the Fire
Rescue Commissioner, where appropriate.
Clause 44 repeals sections 18, 19 and 20 of the Principal Act. These
sections are no longer required as they relate to Board, which is
abolished under the Bill.
Clause 45 substitutes a new section 21 into the Principal Act outlining the
process for conflicts of interest.
20
Subsection (1) of new section 21 provides that if the Fire Rescue
Commissioner or a Deputy Fire Rescue Commissioner has a
conflict of interest in a matter arising in the course of their duties,
he or she must declare the conflict to the Minister as soon as
reasonably practicable.
Subsection (2) of new section 21 provides that if the Fire Rescue
Commissioner or a Deputy Fire Rescue Commissioner has made
a conflict of interest declaration in relation to a matter, he or she
must not take any further part in decisions relating to that matter,
unless otherwise directed to do so by the Minister.
Subsection (3) of new section 21 provides that 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.
Clause 46 substitutes in section 24 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 47 substitutes in section 24A of the Principal Act various references
to--
the Board for a reference to Fire Rescue Victoria;
the Metropolitan Fire Brigades Act 1958 for a
reference to the Fire Rescue Victoria Act 1958;
the Metropolitan Fire and Emergency Services Board
for a reference to Fire Rescue Victoria.
Clause 48 substitutes in section 24B of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 49 substitutes in section 25A of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 50 amends section 25B of the Principal Act and outlines the
employment powers of Fire Rescue Victoria.
Subclause (1) substitutes "Fire Rescue Victoria" for "The Board"
in section 25B(1) of the Principal Act.
Subclause (2) inserts new subsections (3) to (5) into section 25B
of the Principal Act, which allows Fire Rescue Victoria to
provide operational and management support to the Country
Fire Authority.
21
Subsection (3) of new section 25B provides that Fire Rescue
Victoria may enter into a secondment agreement 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. A
secondment agreement is defined in new section 25C(10) of the
Principal Act.
Subsection (4) of new section 25B provides that despite anything
in this Act or any other Act, an officer or employee made
available to the Country Fire Authority under a secondment
agreement remains an officer or employee of Fire Rescue
Victoria and is not an officer or employee of the Country Fire
Authority. A secondment agreement is defined in new
section 25C(10) of the Principal Act.
Subsection (5) of new section 25B provides that nothing in
section 25B or the Country Fire Authority Act 1958--
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 of Fire
Rescue Victoria made available (whether on a full-time,
part-time or other basis) to the Country Fire Authority
under subsection (3); or
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 of Fire
Rescue Victoria made available (whether on a full-time,
part-time or other basis) to the Country Fire Authority
under subsection (3).
The purpose of subsection (5) is to preserve the employment
relationship between Fire Rescue Victoria and the officers and
employees made available to the Country Fire Authority under
new section 25B, by disapplying the employment provisions in
the Country Fire Authority Act 1958.
Clause 51 inserts new section 25C into the Principal Act. New section 25C
sets out the requirements for how a secondment agreement may
be established and will operate. New section 25C includes a
definition of secondment agreement.
22
Subsection (1) of new section 25C provides that the Chief Officer
of the Country Fire Authority may agree to a particular officer or
employee being made available under the secondment agreement
if--
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
the particular officer or employee participated in the
equitable, fair and transparent selection process; and
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.
Fire Rescue Victoria and the Country Fire Authority will
undertake a joint selection process to decide on suitable officers
or employees for secondment. The Chief Officer of the Country
Fire Authority will have the final approval on whether an officer
or employee is suitable for secondment.
Subsections (2) and (3) of new section 25C provide that if the
Chief Officer of the Country Fire Authority is not satisfied that
suitable officers or employees can be made available under
subsection (1), the Chief Officer may request Fire Rescue
Victoria to conduct a further external equitable, fair and
transparent selection process, in consultation with the Chief
Officer.
These provisions facilitate entry of new officers or employees
into Fire Rescue Victoria for the purpose of a secondment to the
Country Fire Authority. A person cannot be engaged as an
officer or employee of Fire Rescue Victoria as a result of this
process, unless the person meets the registration requirements
specified by the Firefighters Registration Board. This will ensure
that candidates possess the necessary skills and experience to
perform their duties at the Country Fire Authority. Clause 177C
inserts Part 11 into the Principal Act, which outlines the new
requirements in relation to the Firefighters Registration Board.
23
Subsection (4) of new section 25C provides that existing
Metropolitan Fire and Emergency Services Board and Country
Fire Authority officers and employees that are transferred to Fire
Rescue Victoria under section 101, 102 or 103 of the Principal
Act will not have to complete the selection process outlined in
subsection (1) of new section 25C, because they are deemed to be
suitable for a secondment agreement to the Country Fire
Authority.
To preserve the chain of command, subsection (5) of new
section 25C provides that the Chief Officer of the Country Fire
Authority has the order and control over the work of an officer or
employee of Fire Rescue Victoria who is made available to the
Country Fire Authority under a secondment agreement. The
Chief Officer's order and control over the work of the officer or
employee ceases when the secondment ends.
Subsections (6) and (7) of new section 25C provide that the Chief
Officer of the Country Fire Authority may terminate a
secondment agreement if the Chief Officer has conducted an
equitable, fair and transparent process to review the conduct of
the officer and employee and, after conducting the process, is
satisfied that such termination is appropriate.
Subsection (8) of new section 25C clarifies that if a secondment
agreement is terminated or varied, the officer or employee is no
longer covered by the secondment agreement and remains an
employee of Fire Rescue Victoria.
Subsection (9) of new section 25C provides that the Chief Officer
of the Country Fire Authority may suspend an officer or
employee made available under a secondment agreement if the
Chief Officer has conducted a fair, transparent and equitable
process to review the conduct of the officer or employee, and
after conducting that process, the Chief Officer is satisfied that
such suspension is appropriate.
Subsection (10) of new section 25C defines secondment
agreement--
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.
24
Clause 52 substitutes in section 26 of the Principal Act references to the
Board and Chief Officer for references to Fire Rescue Victoria.
Clause 53 substitutes in section 27 of the Principal Act--
a reference to the Board for a reference to Fire Rescue
Victoria; and
"The Board must if required by the Minister give the
Minister a special report" with "Fire Rescue Victoria
must, if required by the Minister, give the Minister
information or a report".
Clause 54 repeals section 28, 29, 30 and 31 of the Principal Act.
These provisions are being repealed because the Fire Rescue
Commissioner will replace the Chief Executive Officer and the
Chief Officer of the Board.
Clause 55 inserts new sections 33A to 33G into the Principal Act dealing
with the Strategic Advisory Committee. The Strategic Advisory
Committee will advise on matters related to cultural change,
organisational governance, workforce diversity and flexibility,
and fire and emergency services.
Subsection (1) of new section 33A establishes the Strategic
Advisory Committee.
Subsection (2) of new section 33A provides that the Strategic
Advisory Committee consists of up to 7 members appointed
under section 33B. Subsection (3) of new section 33A provides
that the Minister must appoint one of the members of the
Strategic Advisory Committee to be the Chairperson of the
Committee.
New section 33B sets out the appointment requirements for the
Strategic Advisory Committee.
Subsection (1) of new section 33B provides that the members of
the Strategic Advisory Committee are to appointed by the
Minister.
Subsection (2) of new section 33B provides that in appointing the
members of the Strategic Advisory Committee, the Minister must
have regard to the mix of knowledge, skills and experience of the
committee as a whole including, but not limited to, the following
matters--
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organisational governance, performance and culture;
workforce diversity and flexibility;
fire or emergency services.
Subsection (3) of new section 33B provides that a Minister may
not appoint a person as a member of the Strategic Advisory
Committee under new section 33B of the Principal Act if the
person is--
an officer or employee of a fire services agency; or
an officer or employee of an industrial body that is
responsible for an enterprise agreement that applies to a
fire services agency; or
an officer or official of Volunteer Fire Brigades Victoria
Incorporated.
This provision will ensure the independence of the Strategic
Advisory Committee, and remove any real, potential or perceived
conflicts of interest.
Subsection (4) of new section 33B provides that a member of the
Strategic Advisory Committee holds office for the period, not
exceeding 5 years, specified in the instrument of their
appointment.
Subsection (5) of new section 33B sets out the entitlements of the
members of the Strategic Advisory Committee.
Subsection (6) of new section 33B provides that a member of the
Strategic Advisory Committee is eligible for reappointment.
Subsection (7) of new section 33B provides that a member of the
Strategic Advisory Committee holds office on the terms and
conditions specified in the instrument of their appointment.
Subsection (8) of new section 33B provides that a member of the
Strategic Advisory Committee who is a public sector employee is
not entitled to remuneration in respect of their appointment as a
member.
Subsection (9) of new section 33B provides that the Public
Administration Act 2004 (other than Part 3 of that Act) applies
to a member of the Strategic Advisory Committee in respect of
the office of member.
26
New section 33C provides that the Strategic Advisory Committee
is a public entity for the purposes of the Public Administration
Act 2004.
New section 33D outlines the resignation and removal
requirements for members of the Strategic Advisory Committee.
New section 33E provides that a member of the Strategic
Advisory Committee may be removed from office by Minister at
any time and for any reason.
New section 33F sets out the role of the Strategic Advisory
Committee.
New section 33G sets out the process for developing the terms of
reference for the Strategic Advisory Committee.
Clause 56 inserts new section 2 into the Country Fire Authority Act 1958
to provide objectives relating to the interaction between Fire
Rescue Victoria and the Country Fire Authority.
Subsection (1) provides that it is the intention of the Parliament
that Fire Rescue Victoria and the Country Fire Authority
establish processes that will ensure they--
promote collaboration and coordination between fire
services agencies to best meet the safety needs of the
community; and
recognise the importance of maintaining surge capacity
within fire services agencies; and
recognise and value the contribution of volunteer
brigades; and
recognise that both volunteer and career firefighters are
vital to delivering safe and sustainable fire services; and
maintain the ability of fire services to respond to critical
incidents, prevent or suppress fires and protect life or
property.
This provision clarifies the collaborative processes and support to
be provided to volunteers (such as through secondment
agreements under new section 25C in the Principal Act or in
relation to co-located brigades in the Fire Rescue Victoria fire
district).
27
Subsection (2) provides that in this section, the expressions
career firefighter and volunteer firefighter have the same
meanings as they have in the Firefighters' Presumptive Rights
Compensation and Fire Services Legislation Amendment
(Reform) Act 2019.
Clause 57 inserts the following definitions into section 3 of the Country
Fire Authority Act 1958--
Fire Rescue Victoria means Fire Rescue Victoria established
under the Fire Rescue Victoria Act 1958; and
officer means a person appointed under section 17(c) and, subject
to sections 25B and 25C of the Fire Rescue Victoria Act 1958,
is taken to include an officer or employee of Fire Rescue Victoria
made available to the Country Fire Authority by Fire Rescue
Victoria under a secondment agreement within the meaning of
section 25C of the Fire Rescue Victoria Act 1958.
An officer or employee of Fire Rescue Victoria made available
under a secondment agreement is included in the definition of
officer so that those officers or employees made available under
a secondment agreement have the necessary functions, powers
and duties under the Country Fire Authority Act 1958 to
effectively provide operational and management support to the
Country Fire Authority, while remaining employees of Fire
Rescue Victoria.
Part 4--Amendments relating to the
Fire Rescue Victoria fire district
Clause 58 substitutes in section 2 of the Principal Act a reference to the
metropolitan district with a reference to the Fire Rescue Victoria
fire district.
Clause 59 amends the definitions in section 3(1) of the Principal Act.
Subclause (1) inserts the following definitions into section 3(1) of
the Principal Act--
change in fire risk which is defined to mean, in relation to the
Fire Rescue Victoria fire district or the country area of Victoria--
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
28
risk of a fire occurring within the Fire Rescue Victoria
fire district or the country area of Victoria;
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;
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.
country area of Victoria which is defined to have the same
meaning as in the Country Fire Authority Act 1958.
Fire District Review Panel means the panel established by
section 4A.
Fire Rescue Victoria fire district means the district specified in
section 4(1). This replaces the current term metropolitan fire
district.
industrial body means an organisation within the meaning of the
Fair Work (Registered Organisations) Act 2009 of the
Commonwealth; and
review of the Fire Rescue Victoria fire district means a review
conducted under section 4F.
Subclause (2) repeals the definition of metropolitan district in
section 3(1) of the Principal Act.
Clause 60 establishes the new Fire Rescue Victoria fire district.
Subclause (1) amends section 4(1) of the Principal Act to reflect
the fact that the Second Schedule--as amended by clause 65--
contains a reference to a map, rather than individual municipal
districts.
Subclause (2) replaces references in section 4(2) of the Principal
Act from metropolitan fire district to Fire Rescue Victoria fire
district.
29
Subclause (3) repeals sections 4(3) to 4(6) of the Principal Act.
These sections outline the current process for changing the
metropolitan fire district. However, this process is replaced with
a new process under clause 61.
Clause 61 inserts new sections 4A to 4N into the Principal Act establishing
the Fire District Review Panel and outlining the new process for
amending the Fire Rescue Victoria fire district.
Subsection (1) of new section 4A establishes the Fire District
Review Panel.
Subsection (2) of new section 4B provides that the Fire District
Review Panel consists of three members appointed under
section 4C.
Subsection (3) of new section 4B provides that the Minister must
appoint one of the members of the Fire District Review Panel to
be the Chairperson of the Panel.
New section 4B provides that the Fire District Review Panel is
a public entity for the purposes of the Public Administration
Act 2004.
New section 4C outlines the appointment process for the
members of the Fire District Review Panel.
Subsection (1) of new section 4C provides that the members of
the Fire District Review Panel are to be appointed by the
Minister.
Subsection (2) of new section 4C provides that the Minister must
not appoint a person as a member of the Fire District Review
Panel unless the Minister is satisfied that--
the person has significant and substantial expertise in
and experience in fire response, fire management,
emergency management or another relevant field; and
the person is able to make an informed and independent
assessment of the matters to be considered by the Panel.
Subsection (3) of new section 4C provides that the Minister must
not appoint a person as a member of the Fire District Review
Panel if the person is--
an officer or employee of a fire services agency; or
30
an officer or employee of an industrial body that is
responsible for an enterprise agreement that applies to a
fire services agency;
an officer or official of Volunteer Fire Brigades Victoria
Incorporated.
This is to ensure the independence of the Panel and to remove
any real, potential or perceived conflicts of interest. Note
provisions under the new clause 4K(2) outline consultation
requirements for the Panel.
Subsection (4) of new section 4C provides that a member of the
Fire District Review Panel holds office for the period, not
exceeding 5 years, specified in the instrument of their
appointment.
Subsection (5) of new section 4C sets out the entitlements of
members of the Fire District Review Panel
Subsection (6) of new section 4C provides that a member of the
Fire District Review Panel is eligible for reappointment.
Subsection (7) of new section 4C provides that a member of the
Fire District Review Panel holds office on the terms and
conditions specified in the instrument of their appointment.
Subsection (8) of new section 4C provides that a member of the
Fire District Review Panel who is a public sector employee is not
entitled to remuneration in respect of their appointment as a
member.
Subsection (9) of new section 4C provides that 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.
New section 4D outlines the resignation requirements for
members of the Fire District Review Panel.
New section 4E outlines the removal requirements for the Fire
District Review Panel.
New section 4F provides that the role of the Fire District Review
Panel is to provide independent and informed advice to the
Minister on the following matters--
whether it is necessary or desirable the Fire Rescue
Victoria fire district to be changed; and
31
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.
New section 4G sets out the two circumstances in which the Fire
District Review Panel must review the Fire Rescue Victoria fire
district.
Subsection (1) of new section 4G provides that the Fire District
Review Panel must conduct a review of the Fire Rescue Victoria
fire district at least once during--
the 4 year period beginning on the day on which this
section commences; and
each subsequent 4 year period.
Subsection (2) of new section 4G provides that the Fire District
Review Panel must also conduct a review of the Fire Rescue
Victoria fire district if--
the Minister requests a review after receiving a
recommendation of the Secretary under section 4H; or
the Minister determines under section 4M(1)(d) that a
further review be conducted.
New section 4H provides that 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--
has received evidence of a change in fire risk within the
Fire Rescue Victoria fire district or the country area of
Victoria; and
considers that the change in fire risk warrants such a
review.
New section 4I provides that if the Minister requests the Fire
District Review Panel to conduct a review of the Fire Rescue
Victoria fire district--
the Minister must cause a copy of the request, and the
reasons for the request, to be published in the Gazette;
the Fire Rescue Commissioner must cause a copy of the
request, and the reasons for the request, to be published
on a website maintained by Fire Rescue Victoria; and
32
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 a website maintained by the
Country Fire Authority.
These requirements will enhance the transparency of the review
process.
New section 4J outlines the objects and procedures for a review
of the Fire Rescue Victoria fire district.
Subsection (1) of new section 4J provides that 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--
the Fire Rescue Victoria fire district; and
the country area of Victoria.
Subsection (2) of new section 4J provides that in conducting a
review of the Fire Rescue Victoria fire district, the Fire District
Review Panel must have regard to any change in the fire risk in
the Fire Rescue Victoria fire district or the country area of
Victoria.
Subsection (3) of new section 4J provides that in conducting a
review of the Fire Rescue Victoria fire district, the Fire District
Review Panel may--
inquire into and inform itself of any matters relevant to
the review as the Panel thinks fit; and
consult with any person or body as the Panel thinks fit
including, but not limited to, by seeking oral or written
submissions.
Subsection (4) of new section 4J provides that in conducting a
review of the Fire Rescue Victoria fire district, the Fire District
Review Panel must--
consult with all relevant fire services agencies and any
municipal district directly affected by the review; and
33
if the Fire District Review Panel considers that there is a
change in fire risk, determine by instrument that there is
a change in fire risk, and take the steps set out in new
section 4K before completing the review,
Subsection (5) of new section 4J provides that a review of the
Fire Rescue Victoria fire district requested by the Minister under
new section 4G(2)(a) must be completed within the period
(if any) specified in the request.
New section 4K sets out the procedures if the Fire District
Review Panel considers that there is a change in fire risk.
Subsection (1) of new section 4K provides that if, in conducting
a review, the Fire District Review Panel determines that there is
a change in fire risk, the determination must be published as
follows--
the Panel must ensure the determination is published in
the Government Gazette;
the Fire Rescue Commissioner must ensure a copy of
the determination is published on a website maintained
by Fire Rescue Victoria; and
the Chief Officer of the Country Fire Authority must
ensure a copy of the determination is published on a
website maintained by the Country Fire Authority.
The Panel must also notify the Chief Officer of the Country Fire
Authority of the determination and request the Chief Officer to
provide advice 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.
The Fire District Review Panel may 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 of the Country Fire Authority
to give advice to the Panel.
Once the suspension period has ended, the Fire District Review
Panel must notify the Chief Officer that the period of suspension
has ended, and request that the Chief Officer provide the advice
requested within 30 days.
34
Where the Fire District Review Panel has received advice from
the Chief Officer, the Panel must request that the Chief Officer
provide, within 30 days, further advice on the progress of the
Country Fire Authority in delivering the support to the volunteer
brigades.
At the end of the 30 day period, the Fire District Review Panel
must finalise the review and prepare the report required by new
section 4L.
Subsection (2) of new section 4K provides that the review must
be finalised whether or not any advice has been provided by the
Chief Officer of the Country Fire Authority under subsection (1)
of new section 4K, but if such advice has been provided, the
Panel must have regard to the advice in preparing the report.
This requirement ensures that volunteer brigades have the
opportunity to receive support from the Country Fire Authority
to address a change in fire risk, prior to any change being made
to the Fire Rescue Victoria fire district boundary. This support
could include a volunteer recruitment drive, new equipment or
support as required.
Subsection (3) of new section 4K provides that if the review was
requested by the Minister after receiving a recommendation of
the Secretary under new section 4H, the period of suspension of
the review under subsection (1)(b)(ii), to allow the Chief Officer
of the Country Fire Authority to give advice to the Panel, 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.
New section 4L outlines the requirements for a report of a
review.
Subsection (1) of new section 4L provides that after conducting a
review of the Fire Rescue Victoria fire district, the Fire District
Review Panel must report its findings to the Minister.
Subsection (2) of new section 4L provides that the report may
recommend that--
no change be made to the Fire Rescue Victoria fire
district; or
a change be made to the Fire Rescue Victoria fire
district; or
35
the Panel conduct a further review of the Fire Rescue
Victoria fire district within the period specified in the
report.
New section 4M outlines the requirements of the Minister's
determination about a review.
Subsection (1) of new section 4M provides that after receiving a
report of a review of the Fire Rescue Victoria fire district, the
Minister may determine by instrument--
that no change be made to the Fire Rescue Victoria fire
district; or
that a change be made to the Fire Rescue Victoria fire
district; or
that the Panel conduct a further review of the Fire
Rescue Victoria fire district within the period specified
in the determination.
Subsection (2) of new section 4M provides that in making a
determination, the Minister must have regard to--
the report and recommendations of the Fire District
Review Panel; and
the capacity of each relevant fire services agency to
perform its statutory functions and duties; and
the implications of making the determination for the
budget and resources of each relevant fire services
agency; and
the implications of making the determination for the
budget and resources of the emergency management
sector; and
the other implications of making the determination for
the emergency management sector.
Subclause (3) of new section 4M provides that 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 Gazette.
Subclause (4) of new section 4M provides that the Fire Rescue
Commissioner must cause a determination made by the Minister
under subsection (1), and the report of the Fire District Review
36
Panel in respect of the review, to be published on a website
maintained by Fire Rescue Victoria.
Subclause (5) of new section 4M inserts a new subsection to
require the Chief Officer of the Country Fire Authority to
cause--
a determination made by the Minister under new
section 4M(1) in relation to the Fire Rescue Victoria fire
district; and
the report of the Fire District Review Panel in respect of
the review,
to be published on a website maintained by the Country Fire
Authority.
These publication requirements provide further transparency to
the Fire Rescue Victoria fire district review process.
New section 4N provides that a determination made under
section 4M(1) takes effect according to its terms on the day on
which it is published in the Victorian Government Gazette.
Subsection (2) of new section 4N provides that 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.
Clause 62 substitutes in section 5 of the Principal Act a reference to the
metropolitan district for a reference to the Fire Rescue Victoria
fire district.
Clause 63 substitutes in section 5A of the Principal Act a reference to the
metropolitan district for a reference to the Fire Rescue Victoria
fire district.
Clause 64 substitutes in section 7 of the Principal Act various references
to--
the Board for a reference to Fire Rescue Victoria;
the metropolitan district for a reference to the Fire
Rescue Victoria fire district.
37
Clause 65 substitutes a new Schedule 2 into the Principal Act. Schedule 2
specifies the land included within the Fire Rescue Victoria fire
district with reference to a map lodged with the Central Plan
Office.
Clause 66 substitutes in section 3(1) of the Country Fire Authority
Act 1958, in the definition of fire danger period, for "the country
area of Victoria or any part thereof means the period declared
pursuant to this Act to be the fire danger period in respect of the
said country area or any part thereof (as the case may be)" with
"an area of Victoria means the period declared under this Act to
be the fire danger period in respect of the area".
This amendment varies the power of the Chief Executive Officer
of the Country Fire Authority to declare a fire danger period
under the Country Fire Authority Act 1958. The Chief
Executive Officer will now have the power to declare a fire
danger period in an area of Victoria. That area may be an area in
both the Fire Rescue Victoria fire district and the country area of
Victoria.
Clause 67 substitutes in section 4 of the Country Fire Authority Act 1958,
for "the country area of Victoria or any specified part or parts
thereof and, without affecting the generality of the foregoing,
may declare different periods to be the fire danger period in
respect of different parts of the said country area" with "one or
more areas of Victoria to be the fire danger period in respect of
the area, and may declare different periods in respect of different
areas".
This amendment ensures that the enforcement of a declaration of
a fire danger period by the Chief Executive Officer of the
Country Fire Authority applies to any area in Victoria, instead of
only the country area of Victoria.
Clause 68 substitutes in section 34(1) of the Country Fire Authority
Act 1958, for "the country area of Victoria at any time during a
fire danger period" with "an area of Victoria at any time during a
fire danger period in respect of the area".
This is a consequential amendment to ensure that the
enforcement of a declaration of a fire danger period by the Chief
Executive Officer of the Country Fire Authority applies to any
area in Victoria, instead of only the country area of Victoria.
38
Clause 69 substitutes in section 37 of the Country Fire Authority
Act 1958, for "the country area of Victoria (not including any
land within a fire protected area) during a fire danger period"
with "an area of Victoria (other than a fire protected area) during
a fire danger period in respect of the area".
This is a consequential amendment to ensure that the
enforcement of a declaration of a fire danger period by the Chief
Executive Officer of the Country Fire Authority applies to any
area in Victoria, instead of only the country area of Victoria.
Clause 70 substitutes in section 39 of the Country Fire Authority
Act 1958, for "the country area of Victoria (not including any
land within a fire protected area) during a fire danger period"
with "an area of Victoria (other than a fire protected area) during
a fire danger period in respect of the area".
This is a consequential amendment to ensure that the
enforcement of a declaration of a fire danger period by the Chief
Executive Officer of the Country Fire Authority applies to any
area in Victoria, instead of only the country area of Victoria.
Clause 71 substitutes in section 39E(1) and 2(b) of the Country Fire
Authority Act 1958, for "the country area of Victoria during a
fire danger period" with "an area of Victoria during a fire danger
period in respect of the area".
This is a consequential amendment to ensure that the
enforcement of a declaration of a fire danger period by the Chief
Executive Officer of the Country Fire Authority applies to any
area in Victoria, instead of only the country area of Victoria.
Clause 72 substitutes in section 50(2) of the Country Fire Authority
Act 1958, for "the country area of Victoria" with "an area of
Victoria during a fire danger period in respect of the area".
This clause also omits in section 50(2) of the Country Fire
Authority Act 1958 "during a fire danger period".
This is a consequential amendment to ensure that the
enforcement of a declaration of a fire danger period by the Chief
Executive Officer of the Country Fire Authority applies to any
area in Victoria, instead of only the country area of Victoria.
39
Clause 73 substitutes in section 110(1)(z) of the Country Fire Authority
Act 1958, for "the country area of Victoria during a fire danger
period" with "an area of Victoria during a fire danger period in
respect of the area".
This is a consequential amendment to ensure that the
enforcement of a declaration of a fire danger period by the Chief
Executive Officer of the Country Fire Authority applies to any
area in Victoria, instead of only the country area of Victoria.
Part 5--Amendments relating to volunteer brigades located in the
Fire Rescue Victoria fire district
Clause 74 inserts a new objective after section 6B(b) of the Country Fire
Authority Act 1958, which is to support the effective and
sustainable recruitment, development and retention of volunteer
officers and members, including those located in the Fire Rescue
Victoria fire district, to deliver capability in the provision of the
Authority's services. The purpose of this new objective is to
make explicit the obligation that the CFA Board has to put in
place appropriate arrangements to better attract and support
volunteer firefighters.
Clause 75 amends sections 6F, 17 and 20AA(2)(a) of the Country Fire
Authority Act 1958.
Subclause (1) amends section 6F of the Country Fire Authority
Act 1958 to substitute "first and foremost a volunteer-based
organisation, in which volunteer officers and members are
supported by employees in a fully integrated manner" for "a fully
volunteer fire fighting service under the command and control of
a paid Chief Officer and supported where necessary by other paid
staff. The Parliament recognises that this does not preclude the
Authority from employing paid staff in the role of Chief Officer,
Deputy Chief Officer and Chief Executive Officer. The
Authority is not precluded from entering into the secondment
arrangement agreements within the meaning of section 25C(10)
of the Fire Rescue Victoria Act 1958".
Subclause (2) amends section 17 of the Country Fire Authority
Act 1958 to clarify that the Authority's powers to appoint,
transfer, suspend, or remove Officers and employees is subject to
section 6F of the Country Fire Authority Act 1958.
40
Subclause (3) amends section 20AA(2)(a) of the Country Fire
Authority Act 1958 to clarify that the Authority's powers to
enter into agreements or arrangements with any person or body
for the provision of goods or services to the Authority is subject
to section 6F of the Country Fire Authority Act 1958.
The purpose of these amendments is to confirm that the Country
Fire Authority will no longer employ or engage career
firefighters or any other paid staff to engage in firefighting duties,
save for Chief Officers, Deputy Chief Officers and Fire Rescue
Victoria employees who are seconded to the Country Fire
Authority, and will be a fully volunteer firefighting service, in
line with its original purpose.
Clause 76 amends section 18A of the of the Country Fire Authority
Act 1958 to apply the existing immunities to any officer or
employee of Fire Rescue Victoria made available to the Country
Fire Authority under section 25B of the Principal Act.
Clause 77 inserts a new section 20AB into the Country Fire Authority
Act 1958. The purpose of new section 20AB is to ensure that,
in relation to volunteer brigades located within the Fire Rescue
Victoria, the Country Fire Authority has the necessary powers
over those volunteer brigades located within the Fire Rescue
Victoria fire district, including continuing to operate as a
volunteer firefighting brigade, co-located with a Fire Rescue
Victoria unit established under the Principal Act.
Subsection (1) of new section 20AB provides that powers
contained in this section must only be used for the purposes of--
the duty of the Authority set out in section 20 in relation
to the prevention and suppression of fires and the
protection of life and property in case of fire so far as
relates to the country area of Victoria; and
any other function, duty or power of the Authority set
out in this Act or any other Act.
Subsection (2) of new section 20AB sets out the powers that the
Authority may exercise in relation to volunteer brigades located
in the Fire Rescue Victoria fire district.
Subsection (3) of new section 20AB sets out the requirement for
the Authority to obtain the written consent of the Minister before
exercising powers to do any of the following in relation to
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volunteer brigades located in the Fire Rescue Victoria fire
district--
entering into agreements or arrangements for the
provision of goods or services with any person or body
by the Authority;
forming, participating in the formation of, or becoming
a member of a body corporate, association, partnership,
trust or other body; or
entering into any joint venture agreement, shareholders
agreement or unit holders agreement.
Subsection (4) of new section 20AB sets out the powers that the
Chief Officer may exercise in relation to volunteer brigades
located in the Fire Rescue Victoria fire district.
Subsection (5) of new section 20AB provides that the Authority,
the Chief Officer, any officer exercising the powers of the Chief
Officer, or an officer or member of a brigade may exercise
powers under section 96 (water usage) of the Country Fire
Authority Act 1958 in relation to volunteer brigades located in
the Fire Rescue Victoria fire district.
Subsection (6) of new clause 20AB applies the immunity in
section 92 of the Country Fire Authority Act 1958 in relation
to volunteer brigades located in the Fire Rescue Victoria fire
district.
Clause 78 inserts a new section 20AC into the Country Fire Authority
Act 1958. The purpose of new section 20AC is to ensure the role
of volunteer brigades is recognised and valued.
Subsection (1) of new section 20AC confirms that it is the
intention of Parliament that Fire Rescue Victoria recognise and
value the role of volunteer brigades located in the Fire Rescue
Victoria fire district.
Subsection (2) of new section 20AC requires Fire Rescue
Victoria, subject to operational requirements, to request the
assistance of all volunteer brigades located in the Fire Rescue
Victoria fire district for the purposes of endeavouring to--
prevent or suppress a fire in the Fire Rescue Victoria
fire district; or
42
protect life or property in the Fire Rescue Victoria fire
district.
It is intended that Fire Rescue Victoria will request assistance
from these volunteer brigades where there is an operational
requirement for this assistance.
Clause 79 amends section 92 of the Country Fire Authority Act 1958 to
apply the existing immunities to any officers and employees of
Fire Rescue Victoria made available to the Authority under
section 25B of the Principal Act.
Clause 80 amends section 109B of the Country Fire Authority Act 1958
to allow the Country Fire Authority's powers and duties to be
delegated to any officer or employee or class of officers or
employees of Fire Rescue Victoria made available to the Country
Fire Authority under section 25B of the Principal Act.
Clause 81 amends section 110 of the Country Fire Authority Act 1958
to allow regulations to be made for and in relation to the
performance of functions and the exercise of powers by
volunteer brigades located in the Fire Rescue Victoria fire
district.
Part 6--Transitional provisions
Clause 82 inserts new sections 98A to 120 of the Principal Act, which
covers the transitional provisions for the Bill.
New section 98A sets out the definitions that apply for the
transitional provisions. Defined terms are approval date,
commencing day, Country Fire Authority instrument,
instrument, liabilities, property, rights and transitional
provisions.
New section 99 provides that on the commencing day--
the Metropolitan Fire and Emergency Services Board is
abolished and its members go out of office;
Fire Rescue Victoria is the successor in law of the
Metropolitan Fire and Emergency Services Board;
all rights, assets, liabilities and obligations of the
Metropolitan Fire and Emergency Services Board
immediately before its abolition become rights, assets,
liabilities and obligations of Fire Rescue Victoria;
43
Fire Rescue Victoria is substituted for the Metropolitan
Fire and Emergency Services Board as a party in any
proceedings, contract, agreement or arrangement
commenced or made by or against or in relation to the
Metropolitan Fire and Emergency Services Board; and
Fire Rescue Victoria may continue and complete any
other continuing matter or thing commenced by or
against or in relation to the Metropolitan Fire and
Emergency Services Board.
New section 100 provides that on the commencing day--
the offices of Chief Officer and Chief Executive Officer
are abolished and the holders of those office go out of
office;
the Fire Rescue Commissioner is the successor in law of
the Chief Officer or the Chief Executive Officer (as the
case requires);
all rights, assets, liabilities and obligations of the Chief
Officer or the Chief Executive Officer become rights,
assets, liabilities and obligations of the Fire Rescue
Commissioner;
the Fire Rescue Commissioner is substituted for the
Chief Officer or the Chief Executive Officer as a party
in any proceedings, contract, agreement or arrangement
commenced or made by or against or in relation to the
Chief Officer or the Chief Executive Officer (as the case
requires); and
Fire Rescue Victoria may continue and complete any
other continuing matter or thing commenced by or
against or in relation to the Chief Officer or the Chief
Executive Officer (as the case requires).
New section 101 relates to the transfer of staff employed by the
Chief Officer, Chief Executive Officer or the Metropolitan Fire
and Emergency Services Board to Fire Rescue Victoria.
Subsection (1) of new section 101 provides that and provides that
a person (referred to in this section as a transferred employee)
employed by the Chief Officer, Chief Executive Officer or the
Metropolitan Fire and Emergency Services Board immediately
before the commencing day is to be regarded as--
44
having been employed by Fire Rescue Victoria with
effect from the commencing day; and
having been so employed on the same terms and
conditions as those that applied to the transferred
employee, immediately before the commencing day, as
an employee of the Chief Officer, Chief Executive
Officer or the Metropolitan Fire and Emergency
Services Board (as the case requires); and
having accrued an entitlement to benefits in connection
with that employment that is equivalent to the
entitlement that he or she had accrued, as an employee
of the Chief Officer, Chief Executive Officer or the
Metropolitan Fire and Emergency Services Board
(as the case requires) immediately before the
commencing day.
Subsection (2) of new section 101 provides that the service of a
transferred employee as an employee of Fire Rescue Victoria is
to be regarded for all purposes as having been continuous with
the service of the transferred employee, immediately before the
commencing day, as an employee of the Chief Officer, the Chief
Executive Officer or the Metropolitan Fire Emergency Services
Board (as the case requires).
Subsection (3) of new section 101 provides that a transferred
employee is not entitled to receive any payment or other benefit
by reason only of having ceased to be an employee of the Chief
Officer, the Chief Executive Officer or the Metropolitan Fire and
Emergency Services Board (as the case requires) because of
section 101.
Subsection (4) of new section 101 provides that nothing in
section 101 prevents--
which any of the terms and conditions of employment
of a transferred employee being altered by or under any
law, award or agreement with effect from any time after
the commencing day; or
a transferred employee from resigning or being
dismissed at any time after the commencing day in
accordance with the then existing terms and conditions
of the transferred employee's employment with Fire
Rescue Victoria.
45
New section 102 relates to the transfer of certain Country Fire
Authority staff to Fire Rescue Victoria on the commencement of
the Bill.
Subsection (1) of new section 102 provides that a person
(referred to in this section as a transferred employee)--
who was employed to perform functions under the
Country Fire Authority Act 1958, whether by the
Chief Officer or the Country Fire Authority under
section 17 of the Country Fire Authority Act 1958 or
otherwise, immediately before the commencing day;
and
to whom the following apply immediately before the
commencing day--
the transferred employee was performing a
transferred function specified in column 1 of the
table in Schedule 3;
the transferred employee was performing that
function at an integrated fire station or Country
Fire Authority premises at an address or location
set out in column 2 of the table in Schedule 3;
the transferred employee belonged to a staff
classification specified in column 3 of the table
in Schedule 3--
is to be regarded as--
having been employed by Fire Rescue Victoria
with effect from the commencing day; and
having been so employed on the same terms and
conditions as those that applied to the transferred
employee, immediately before the commencing
day, as an employee of the Chief Officer or the
Country Fire Authority under section 17 of the
Country Fire Authority Act 1958 or otherwise;
and
having accrued an entitlement to benefits in
connection with that employment that is
equivalent to the entitlement that he or she had
accrued, as an employee of the Chief Officer or
46
the Country Fire Authority under section 17 of
the Country Fire Authority Act 1958 or
otherwise immediately before the commencing
day.
Subsection (2) of new section 102 provides that the service of a
transferred employee as an employee of Fire Rescue Victoria is
to be regarded for all purposes as having been continuous with
the service of the transferred employee, immediately before the
commencing day, as an employee of the Chief Officer or the
Country Fire Authority under section 17 of the Country Fire
Authority Act 1958 or otherwise.
Subsection (3) of new section 102 provides that a transferred
employee is not entitled to receive any payment or other benefit
by reason only of having ceased to be an employee of the Chief
Officer or the Country Fire Authority under section 17 of the
Country Fire Authority Act 1958 or otherwise because of
section 102.
Subsection (4) provides that nothing in section 102 prevents--
any of the terms and conditions of employment of a
transferred employee being altered by or under any law,
award or agreement with effect from any time after the
commencing day; or
a transferred employee from resigning or being
dismissed at any time after the commencing day in
accordance with the then existing terms and conditions
of the transferred employee's employment.
New section 103 establishes a mechanism for the Minister to
transfer Country Fire Authority staff to Fire Rescue Victoria.
Subsection (1) of new section 103 provides that the Minister may
direct the Country Fire Authority to transfer a person, or persons
included in a class of persons, to the employment of Fire Rescue
Victoria on and from the day specified in the direction, if the
person or persons--
were employed to perform functions or duties under the
Country Fire Authority Act 1958, whether by the
Chief Officer or the Country Fire Authority under
section 17 of the Country Fire Authority Act 1958 or
otherwise, immediately before the commencing day;
and
47
were not transferred to Fire Rescue Victoria because of
the operation of section 102.
Subsection (2) of new section 103 provides that if the Minister
gives a direction under subsection (1) in relation to a person, or
persons included in a class of persons--
the person or persons are taken to have been employed
by Fire Rescue Victoria with effect from the day
specified in the direction; and
new section 102 applies as if--
the person had been transferred under that
section; and
references in that section to the commencing day
were references to the day specified in the
direction.
Subsection (3) of new section 103 provides that the Minister
must not give a direction under subsection (1) on or after
31 December 2020. This time limit will ensure that the staff
transfer power is only used for the time required to give effect to
the establishment of Fire Rescue Victoria.
New section 104 relates to superseded references created as a
result of the establishment of Fire Rescue Victoria.
New section 105 sets out the Minister's power to direct the
Country Fire Authority to give an allocation statement.
Subsection (1) of new section 105 sets out what must be
contained in an allocation statement and that any of the property,
rights, liabilities and obligations of the Country Fire Authority
must relate to the following--
one or more integrated fire stations or Country Fire
Authority premises situated at an address or location set
out in column 2 of the table in Schedule 3;
staff assigned to such a station or such stations.
Subsection (2) of new section 105 sets out the matters relating to
which the Minister may give a direction under subsection (1).
Subsection (3) provides that despite subsections (1) and (2), a
direction under subsection (1) must not have the effect that any of
the following are to be allocated to Fire Rescue Victoria--
48
a property that is a Victorian Emergency Management
Training Centre;
a property that is a Country Fire Authority District
Headquarter.
Subsection (4) requires the Country Fire Authority to comply
with such a direction. Subsections (5) and (6) deal with the
Minister's approval of an allocation statement. Subsection (7)
provides that the Minister must not give a direction under
subsection (1) on or after 31 December 2020. This time limit
will ensure that the asset transfer power is only used for the time
required to give effect to the establishment of Fire Rescue
Victoria. As required under the CFA Act, planning will occur on
this allocation statement in consultation with affected volunteers
and the Volunteer Fire Brigades Victoria.
New section 106 provides for the vesting of allocated property
and rights in Fire Rescue Victoria and the transfer of allocated
liabilities and obligations from the Country Fire Authority to Fire
Rescue Victoria on the approval date for an allocation statement.
New section 107 provides that where property rights are
vested in Fire Rescue Victoria those rights are subject to any
encumbrances to which they were subject immediately before
vesting, and that where liabilities and obligations are transferred
to Fire Rescue Victoria the rights attached to those liabilities and
obligations to which the Country Fire Authority was entitled vest
in Fire Rescue Victoria.
New section 108 provides that where property, rights, liabilities
and obligations of the State under an agreement are allocated to
Fire Rescue Victoria, on the approval date Fire Rescue Victoria
becomes a party to the agreement in place of the Country Fire
Authority. From the approval date onwards the agreement has
effect as if Fire Rescue Victoria had always been a party to it.
New section 109 provides that unless an allocation statement
otherwise provides, each instrument relating to property, rights,
liabilities or obligations allocated to Fire Rescue Victoria under
the allocation statement continues to have effect according to its
tenor, on and after the approval date of the allocation statement,
as if a reference in the instrument to the Country Fire Authority
were a reference to Fire Rescue Victoria.
49
New section 110 provides for Fire Rescue Victoria, on and after
the appointed day for an allocation statement, to be substituted
for the Country Fire Authority as a party to pending or existing
proceedings (including arbitration proceedings) in any court or
tribunal relating to former Country Fire Authority property
allocated to Fire Rescue Victoria under the allocation statement,
and to have the same rights in the proceedings as the Country
Fire Authority.
New section 111 provides that without affecting the generality of
the transitional provisions and despite anything to the contrary in
any other Act (other than the Charter of Human Rights and
Responsibilities Act 2006) or law, if, immediately before the
approval date for an allocation statement, the Country Fire
Authority is, in relation to property, rights, liabilities or
obligations allocated to Fire Rescue Victoria, the registered
proprietor of an interest in land under the Transfer of Land
Act 1958, then on and after the approval date--
Fire Rescue Victoria is taken to be the registered
proprietor of that interest in land; and
Fire Rescue Victoria has the same rights and remedies
in respect of that interest as the Country Fire Authority
had.
New section 112 provides that if Fire Rescue Victoria acquires
any right in the nature of an easement as a result of an allocation
under the transitional provisions, that right is taken to be an
easement even though there is no land vested in Fire Rescue
Victoria which is benefited, or capable of being benefited, by that
right.
New section 113 provides that on being requested to do so and on
delivery of any relevant instrument, the Registrar of Titles must
make any recordings in the Register that are necessary because of
the operation of the transitional provisions.
New section 114 provides that no stamp duty or other tax is
chargeable under any Act in respect of anything done under the
transitional provisions or in respect of any act or transaction
connected with or necessary to be done because of the
transitional provisions, including a transaction entered into or an
instrument made, executed, lodged or given, for the purpose of,
or connected with the transfer of property, rights, liabilities or
obligations under an allocation statement.
50
New section 115 relates to evidence and provides that--
documentary or other evidence that would have been
admissible for or against the interests of the Country
Fire Authority in relation to property, rights, liabilities
or obligations allocated to Fire Rescue Victoria under an
allocation statement is admissible for or against the
interests of Fire Rescue Victoria; and
the Evidence Act 2008 applies with respect to the
books of account of the Country Fire Authority and to
entries made in those books of account before the
approval date for an allocation statement, whether or not
they relate to Fire Rescue Victoria property, as if those
books of account and entries were business records of
Fire Rescue Victoria.
New section 116 relates to the validity of things done under the
transitional provisions and provides that nothing effected by, or
done or suffered under, the transitional provisions--
is to be regarded as placing any person in breach of
contract or confidence or as otherwise making any
person guilty of a civil wrong; or
is to be regarded as placing any person in a breach of
or as constituting a default under any Act (other than
the Charter of Human Rights and Responsibilities
Act 2006) or other law or any provision in any
agreement, arrangement or understanding including,
without limiting the generality of the foregoing, any
provision prohibiting, restricting or regulating the
assignment or transfer of any property or the disclosure
of any information; or
is to be regarded as fulfilling any condition which
allows a person to exercise a right or remedy in respect
of or to terminate any agreement or obligation; or
is to be regarded as giving rise to any remedy for a party
to a contract or an instrument or as causing or
permitting the termination of any contract or instrument
because of a change in the beneficial or legal ownership
of any property, right, liability or obligation; or
51
is to be regarded as causing any contract or instrument
to be void or otherwise unenforceable; or
is to be regarded as frustrating any contract; or
releases any surety or other obligee wholly or in part
from any obligation.
New section 117 provides that an insignia prescribed for the
purposes of section 34(1)(pa) is taken for all purposes to be an
insignia of Fire Rescue Victoria, on and after the commencing
day, until a new insignia is prescribed.
New section 118 establishes transitional relationships relating to
the Metropolitan Fire and Emergency Services Appeals
Commission which will become the Fire Rescue Victoria
Appeals Commission.
New section 119 allows the Governor in Council to make
regulations relating to certain transitional matters.
New section 120 is a savings provision that relates to the
renaming of the Act, and provides that--
from the commencing day, a reference to the
Metropolitan Fire Brigades Act 1958 is to be
construed as a reference to the Fire Rescue Victoria
Act 1958, unless the contrary intention appears;
except as in this Act expressly or by necessary
implication provided, all persons, things and
circumstances appointed or created by or under this Act
or existing or continuing under this Act immediately
before the commencing day continue under and subject
to this Act to have the same status, operation and effect
as they respectively would have had if this Act had not
been amended by section 23 of the Firefighters'
Presumptive Rights Compensation and Fire Services
Legislation Amendment (Reform) Act 2019; and
the operation of the Interpretation of Legislation
Act 1984 is not affected.
Clause 83 inserts a new Schedule 3 into the Principal Act. Schedule 3
outlines the functions, premises address or location, of the staff
that will transfer from the Country Fire Authority to Fire Rescue
Victoria under new section 102 of the Principal Act.
52
Part 7--Amendments relating to causing fires and other matters
Clause 84 inserts new sections 94A to 94F into the Principal Act relating to
causing fire and other matters in the Fire Rescue Victoria fire
district. These provisions create new offences relating to causing
fire in the Fire Rescue Victoria fire district, allow Fire Rescue
Victoria to issue directions with respect to fire safety
management, and provide for relevant police arrest powers. The
powers to be exercised by Fire Rescue Victoria in this new Part
of the Principal Act are similar to the powers of the Country Fire
Authority in Part 3 of the Country Fire Authority Act 1958.
New section 94A provides that it is an offence to light a fire in
the Fire Rescue Victoria fire district in extreme weather
conditions. This occurs when the circumstances of location,
atmospheric temperature, wind velocity and flammable
vegetation or other combustible substances are such that lighting
the fire causes, or is likely to cause, a fire that is a danger to the
life or property of others. The penalty for this offence will be
imprisonment for not less than 3 months and not more than
2 years.
The offence does not apply to any person lighting, spreading or
maintaining a fire under the direction or control of an officer of
Fire Rescue Victoria.
Subsection (3) provides for defences to prosecution under this
section. It is a defence to a prosecution for an offence if the
accused proves that one or more of the following applies--
the danger was caused by the intervention or subsequent
action of one or more persons acting without the
knowledge or consent, or contrary to the wishes or
instructions, of the accused;
the fire was lit at a time when the circumstances of
atmospheric temperature and wind velocity were not
present and could not reasonably have been foreseen;
at the time of the alleged offence the accused was the
owner or occupier of the land upon which the fire was
lit or was acting under the direction of that owner or
occupier.
53
In addition, the accused also has to prove that they--
took all precautions required under any Act or
regulations with respect to the lighting of the fire; and
did everything in their power that was reasonable in the
circumstances to suppress or extinguish the fire.
While these defences impose a legal burden of proof on the
accused, the matters required to be proven will be within the
knowledge of the accused. This section is intended to reflect the
strong public interest in ensuring that people do not engage in
conduct with respect to lighting fire that results in harm without
strong justification.
New section 94B provides that it is an offence to light a fire in
the Fire Rescue Victoria fire district with the intention to destroy
any vegetation, produce, stock, crop, fodder or other property
belonging to another person. The penalty for this offence is
120 penalty units or imprisonment for 12 months or both. This
offence does not apply to any person lighting, spreading or
maintaining a fire under the direction or control of an officer or
employee of Fire Rescue Victoria for the purposes of establishing
a firebreak.
New section 94C provides that Fire Rescue Victoria may direct a
person not to light a fire at a place or within a specified period of
time, without reasonable excuse, for the purpose of protecting
life, property or the environment. The penalty for this offence is
120 penalty units or imprisonment for 12 months or both.
New section 94D provides that, if there is a fire or threat of fire
anywhere within the Fire Rescue Victoria fire district, Fire
Rescue Victoria or any person authorised by Fire Rescue Victoria
may direct--
the closure of any road or part of any road affected, or
likely to be affected, as a consequence of a fire or
smoke from a fire; and
traffic on any road in the vicinity of the closed road or
closed part of a road,
for the purpose of protecting life, property or the environment, or
if smoke from a fire impairs visibility on any road to such an
extent that the safety of any person using the road is endangered.
54
New section 94E provides that an authorised officer may direct
an occupier, owner or a person who has lit a fire in the Fire
Rescue Victoria fire district to extinguish a fire or take the steps
directed by the authorised officer to extinguish the fire or to
prevent the fire from spreading or causing injury. A failure to
comply with this direction is an offence. The penalty for this
offence is 120 penalty units or imprisonment for 12 months or
both.
An authorised officer is defined in subsection (3) to mean--
a police officer; or
the Fire Rescue Commissioner; or
an officer or employee exercising the powers of Fire
Rescue Victoria; or
an officer or employee of Fire Rescue Victoria
appointed for the purposes of this section.
New section 94F provides that a police officer may apprehend,
with or without warrant, any person found lighting, spreading or
maintaining any fire contrary to sections 94A to 94E or to the
conditions or restrictions contained in any permit granted under
or in relation to any of those sections. The police officer may
take the person before a bail justice or the Magistrates' Court to
be dealt with according to law.
Part 8--Amendments relating to Fire Services Implementation
Monitor and Firefighters Registration Board
Clause 85 inserts new sections 121-144 into the Principal Act relating to
the Fire Services Implementation Monitor, and new
sections 147-159 into the Principal Act relating to the
Firefighters Registration Board. The Monitor will review and
assess the progress of the implementation of the fire services
reforms. This will include monitoring and reviewing the
progress of Fire Rescue Victoria and the Country Fire Authority
in carrying out the Implementation Plan prepared by the Minister.
The Minister will also undertake reporting functions.
New section 121 sets out definitions for the following terms that
are relevant to new Part 10--agency, agency Head, emergency
agency, fire services reforms, Fire Services Statement,
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implementation action, Implementation Plan, Monitor and this
Part.
The definition of fire services reforms means the measures
provided for by the Firefighters' Presumptive Rights
Compensation and Fire Services Legislation Amendment
(Reform) Act 2019.
Fire Services Statement is defined to mean the Fire Services
Statement issued in May 2017 by the Premier and the Minister
for Emergency Services. This document was released by the
Victorian Government on 19 May 2019 and outlines the fire
services reforms.
implementation action is defined to mean an action specified in
the Implementation Plan to implement or give effect to any
aspect of the Plan.
Implementation Plan is defined to mean the plan prepared under
new section 130, as in force from time to time.
Monitor is defined to mean the Fire Services Implementation
Monitor appointed under new section 123.
New section 122 establishes the Fire Services Implementation
Monitor.
New section 123 provides for the appointment of the Fire
Services Monitor by the Governor in Council. As the role of the
Monitor is to review and assess the progress of the
implementation of the fire services reforms, the person appointed
must have senior executive management and operational
experience, a strong understanding of complex multi-agency
environments and a significant record of providing
evidence-based reports to Government.
New section 124 provides for the payment of remuneration and
allowances to the Fire Services Implementation Monitor.
New section 125 provides for a five year maximum term of
appointment for the Fire Services Implementation Monitor. The
Monitor is eligible for reappointment.
New section 126 provides for the appointment of a person by the
Governor in Council to act as the Monitor, during a vacancy or
period of absence. The Monitor may also, in consultation with
the Minister, appoint a person to act as the Monitor for a period
of not more than one month in certain circumstances.
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New section 127 provides the circumstances where the Monitor
ceases to hold office including resignation, insolvency,
conviction, nomination for election, suspension or removal from
office under new section 128.
New section 128 provides the grounds for suspension or removal
of the Monitor from office.
A full statement of the grounds of suspension must be tabled by
the Minister in both Houses of Parliament within 7 sitting days
after a suspension. The Monitor must be removed from office if
each house of Parliament declares by resolution that the Monitor
be removed, within 20 sitting days after the statement of grounds
of suspension is laid before it.
Unless each House of Parliament agrees to the suspension, the
Governor in Council must remove the suspension and restore the
Monitor to office. The intention of this process is to ensure the
Monitor's independence in assessing implementation of the fire
services reforms.
If the Monitor is suspended from office under subsection (1), the
Monitor is taken not to be the Monitor during the period of
suspension.
New section 129 provides that the Monitor is not subject to the
general direction or control of the Minister in respect of the
performance of the Monitor's functions or duties or the exercise
of the Monitor's powers. It is intended that the Monitor is
independent of the Minister in respect of the performance of the
Monitor's functions, duties and powers.
New section 130 requires the Minister to prepare an
Implementation Plan within 60 days of the commencing day.
Subsection (2) provides that the Implementation Plan must
include, but is not limited to, priorities and proposed actions in
relation to the following matters--
the adoption of procedures by Fire Rescue Victoria and
the Country Fire Authority to enable them to have
regard to the priorities set out in the Fire Services
Statement in carrying out their functions;
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the financial sustainability of Fire Rescue Victoria and
the Country Fire Authority, including in relation to
ensuring that volunteer brigades are not adversely
affected by the fire services reforms;
improvements in the ability of Fire Rescue Victoria, the
Country Fire Authority and other emergency agencies to
work effectively across organisational boundaries;
the provision of operational and management support by
Fire Rescue Victoria to the Country Fire Authority, and
the effectiveness of this support in enabling the Country
Fire Authority to meet the objectives set out in section 2
of the Country Fire Authority Act 1958;
improvements in staff training in relation to Fire Rescue
Victoria and the Country Fire Authority.
Subsection (3) provides that the Implementation Plan must also
include two additional matters relating to funding plans. The
purpose of subsections (2) and (3) is to provide for an effective
mechanism to assess the interoperability and progress of the fire
services agencies in implementing the reforms.
Subsections (4) and (5) provide that the Minister may amend the
Implementation Plan and may consult with Fire Rescue Victoria
and the Country Fire Authority in preparing or amending the
Plan.
Subsection (6) provides for the tabling of the Implementation
Plan, and any amended Plan, before each House of the
Parliament within 7 sitting days after the Plan is prepared or
amended.
Subsections (7) and (8) provide for the publication and
notification requirements once the Implementation Plan or
amendment Plan is tabled.
New section 131 sets out the functions of the Monitor. The
Monitor is to--
monitor and review the progress of Fire Rescue Victoria
and the Country Fire Authority in carrying out the
Implementation Plan, which includes the effectiveness
and efficacy of the methods used or actions taken and
the impacts upon the financial sustainability of Fire
Rescue Victoria and the Country Fire Authority;
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monitor and assess ongoing efforts to improve the
interaction between Fire Rescue Victoria, the Country
Fire Authority and other agencies;
consult and engage with agencies in the performance of
the Monitor's functions;
prepare quarterly reports in relation to quarterly updates
provided to the Monitor by Fire Rescue Victoria and the
Country Fire Authority regarding performance against
their respective outcomes frameworks; and
prepare annual reports on the findings of the Monitor in
relation to the performance of the Monitor's functions.
New section 132 provides that the Monitor has all the powers
necessary to perform the Monitor's functions.
New section 133 provides for the performance of the Monitor's
functions. The Monitor is to--
have regard to the Implementation Plan;
require demonstration of systems or obtain documents
from an agency to assess how an implementation action
is being, or has been, carried out;
establish consultation arrangements with agencies and
advisory bodies to facilitate effective monitoring, to
review progress, and to obtain information;
provide advice to the Minister or any advisory bodies
regarding the compliance or non-compliance by an
agency in relation to an implementation action,
corrective action by an agency that the Monitor
considers necessary, and methods developed by an
agency that the Monitor considers best practice;
provide advice to the Minister about any concerns the
Monitor has regarding an implementation action; and
make recommendations to the Minister and any
appropriate advisory body in relation to an
implementation action.
New section 134 provides the Monitor with the specific power to
require an agency, by written notice, to give the Monitor
information that the Monitor reasonably believes is necessary to
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perform their function or duties. The agency must give the
information within 7 days after receiving a notice unless the
Monitor agrees otherwise. The Monitor may request a shorter
period of time for the giving of the information if the Monitor
reasonably believes that the information request is urgent.
New section 135 provides the Monitor, or persons authorised by
the Monitor, with the power to enter and inspect any place of an
agency during ordinary business hours, and inspect and make a
copy of any relevant document, that the Monitor considers
necessary in the performance of their duties.
Subsection (2) provides that the Monitor may require any agency
to allow the Monitor to observe, and request a demonstration of,
the operation of a system, procedure or thing.
Subsection (3) requires the Monitor to give an agency reasonable
notice of an intention to enter a place or perform an action under
this section.
New section 136 provides that an agency has a duty to cooperate
with the Monitor and must comply with any reasonable request
made by the Monitor that has been made for the purposes of
performing the functions or exercising the powers of the Monitor.
New section 137 displaces the obligation to maintain secrecy or
any other restriction on the disclosure of information by an
agency, with respect to information requested by the Monitor in
the exercise of the Monitor's powers.
Subsection (2) provides that the Monitor must not divulge or
communicate any information which has come to the Monitor's
knowledge by reason of the Monitor exercising their powers
under new sections 134 or 135.
Subsection (3) allows the Monitor to include in a report under
new section 142 or 143 any information obtained in the course of
the Monitor's functions, other than Cabinet-in-Confidence
material, if the Monitor considers that the information is relevant
to the subject matter of the report, and is in the public interest
(following consultation with the Minister, if any, responsible for
the agency that provided the information).
New section 138 provides that the Monitor must not use or
disclose confidential information obtained or received in the
performance of their functions except as permitted by the Act.
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New section 139 provides that the Monitor may request the
Secretary to provide any assistance that is reasonably necessary
for the Monitor to perform the Monitor's functions under this
Act, including the provision of staff and facilities.
New section 140 provides that Fire Rescue Victoria and the
Country Fire Authority must each, by 1 August 2020, prepare an
outcomes framework that sets out outcomes based fire services
performance measures. Regulations may also prescribe other
matters to be included in the outcomes framework.
Subsection (2) provides that Fire Rescue Victoria and the
Country Fire Authority must publish the outcomes framework on
their respective websites.
Subsection (3) allows the outcomes framework to be reviewed
and amended from time to time, and each amended outcomes
framework must be published online as in subsection (2).
Subsection (4) provides that the Fire Rescue Commissioner and
the Chief Officer of the Country Fire Authority must prepare, and
provide to the Monitor, a quarterly update that sets out the
performance of each respective agency, against the performance
measures set out in the relevant outcomes framework.
Subsection (5) provides that the first update under subsection (4)
must be provided to the Monitor on 1 November 2020, and
subsequent updates must be provided to the Monitor on
1 February, 1 May, 1 August and 1 November each year.
Subsection (6) requires an update under subsection (4) to be
accompanied by any supporting data relied on upon its
preparation.
New section 141 provides that once the Monitor receives a
quarterly update from Fire Rescue Victoria and the Country Fire
Authority, the Monitor must prepare and publish a quarterly
report that sets out--
the quarterly updates; and
any supporting data relied upon in the preparation of the
quarterly updates; and
any other information that the Monitor considers
relevant, including any comments on the accuracy of the
quarterly updates or the supporting data.
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Subsection (2) provides that the Monitor must publish a quarterly
report on the Monitor's website within 30 days after receiving the
quarterly updates referred to in subsection (1).
New section 142 sets out the Monitor's reporting requirements.
Subsection (1) requires the Monitor to prepare a report on the
operations of the Monitor in respect of each financial year as
soon as practicable after the end of that financial year.
Subsection (2) allows the Monitor to prepare a report on the
operations of the Monitor at any other time.
Subsection (3) requires the Monitor to ensure that a report under
subsection (1) or (2) does not include information that is likely to
identify a person unless the information is publicly available or
the person has consented to the inclusion of the information in
the report.
Subsection (4) requires the Monitor to lay a report before each
House of Parliament as soon as reasonably practicable after the
report is prepared.
Subsection (5) requires the Monitor to provide an advance copy
of the report to the Minister at least 28 days before the report is
laid before a House of Parliament.
Subsection (6) provides that the publication of a report under this
section carries absolute Parliamentary privilege.
New section 143 requires the Minister to conduct a review of the
operation of this Part, as soon as practicable after it has been in
operation for 5 years.
New section 144 provides for the Governor in Council to make
regulations with respect to the Monitor.
New section 145 provides for the repeal of sections 121 to 144 on
the tenth anniversary after the Part's commencement. It is
intended that the office of the Monitor will operate for only ten
years following commencement.
New section 146 provides for a final report to be prepared by the
Monitor, as soon as practicable after it ceases to operator. This
report will cover the period beginning on 1 July of its final year
of operation until its final day of operation.
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New sections 147-159 relate to the establishment of the
Firefighters Registration Board. The Firefighters Registration
Board is an independent Board designed to ensure candidates for
appointment to Fire Rescue Victoria to be seconded to the
Country Fire Authority possess the necessary skills and
experience to perform their duties at the Country Fire Authority.
New section 147 sets out definitions for the following terms
relating to the Firefighters Registration Board--current
firefighter, Firefighters Register, Firefighters Registration
Board, Firefighters Registration Scheme, qualification,
qualification assessment and this Part.
current firefighter means an officer or employee of Fire Rescue
Victoria who is employed in a role of which firefighting duties
form a substantial part;
Firefighters Register means the register of persons who have
been assessed as satisfying the requirements for inclusion on the
Firefighters Register;
Firefighters Registration Board means the Board established
under new section 149;
Firefighters Registration Scheme means the scheme referred to
in new section 148;
qualification means the recognition, by the award or issue of a
certificate or otherwise, that a person has achieve specified
learning outcomes or competencies through the completion of a
course;
qualification assessment means an assessment of whether a
person satisfies the competency and qualification requirements
for inclusion on the Firefighters Register and may include
requirements in relation to certificates or other evidence in
relation to those matters from professional organisations, higher
education bodies or post-secondary technical or vocational
educational institutions.
New section 148 sets out the framework for the Firefighters
Registration Scheme.
The Firefighters Registration Scheme provides for the assessment
and registration of officers and employees of Fire Rescue
Victoria that are proposed to be made available to the Country
Fire Authority under a secondment agreement within the
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meaning of new section 25C(10) (secondment agreement). The
Firefighters Registration Scheme is intended to ensure that an
external candidate made available by Fire Rescue Victoria under
a secondment agreement has the appropriate qualifications,
competencies and experience to meet the standards and
requirements of the secondment role in the Country Fire
Authority.
Subsection (3) provides that the Firefighters Registration Scheme
will be administered by the Firefighters Registration Board.
New section 149 establishes the Firefighters Registration Board.
Subsection (2) provides that the Board is to consist of four
members appointed under new section 150.
Subsection (3) provides that the Board--
is a body corporate with perpetual succession; and
must have an official seal; and
may sue and be sued in its corporate name; and
may acquire, hold and dispose of real and personal
property for the purpose of performing its functions; and
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.
Subsection (4) provides that the one of the members must be
appointed by the Minister to be the Chairperson of the Board.
New section 150 sets out the composition of the Firefighters
Registration Board. The four members of the Board must
include--
a nominee of the Minister;
a nominee of an industrial body that is responsible for
an enterprise agreement that applies to a fire services
agency;
a former senior firefighter, who is to be nominated by
current firefighters in accordance with an election
process prescribed by the regulations; and
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an academic with relevant expertise, who is to be
nominated by current firefighters in accordance with an
election process prescribed by the regulations.
Subsection (3) provides that a member of the Firefighters
Registration Board holds office for no more than five years.
Subsection (4) provides that a member of the Firefighters
Registration Board is entitled to receive remuneration and
travelling or other allowances, fixed by the General in Council
and set out in their instrument of appointment.
Subsection (5) provides that a member of the Firefighters
Registration Board is eligible for reappointment.
Subsection (6) provides that a member of the Firefighters
Registration Board holds office on the terms and conditions
specified in the instrument of the member's appointment.
Subsection (7) provides that a member of the Firefighters
Registration Board who is a public sector employee within the
meaning of the Public Administration Act 2004 is not entitled to
remuneration in respect of their appointment as a member.
New section 151 provides for members of the Firefighters
Registration Board to cease to hold office in certain
circumstances, including resignation, insolvency, conviction,
election, suspension or removal from office.
New section 152 sets out the grounds on which the Governor in
Council can remove a member of the Firefighters Registration
Board from office. Those grounds include misconduct, neglect
of duty and inability to perform duties of the office.
New section 153 provides that the Firefighters Registration
Board is not subject to the general direction or control of the
Minister in respect of the performance of the Board's functions or
duties or the exercise of the Board's powers. It is intended that
the Board is independent in the exercise of its functions, duties
and powers.
New section 154 sets out the functions of the Firefighters
Registration Board, which include--
administering the Firefighters Registration Scheme;
maintaining and adding persons to the Firefighters
Register;
65
carrying out qualification assessments;
establishing and approving relevant competencies to be
included on the Firefighters Register;
developing, establishing and maintaining guidelines
about appropriate standards;
providing advice on the Firefighters Registration
Scheme to Fire Rescue Victoria and the Chief Officer of
the Country Fire Authority;
providing advice to the Minister on matters relating to
the Firefighters Registration Board; and
any other functions set out in the regulations.
Subsection (3) also requires the Firefighters Registration Board
to have regard to any relevant standards relating to qualifications
and competencies that are applicable to firefighting and
emergency services, when performing its functions.
New section 155 validates the acts or decisions of the Firefighters
Registration Board in the event of a vacancy in the membership
of the Board, or because of a defect or irregularity in the
appointment of a member of the Board.
New section 156 provides that the Firefighters Registration
Board has all the powers necessary to perform the Board's
functions.
New section 157 provides that it is an offence to use and disclose
information in relation to, or in connection with, the carrying out
of a qualification assessment except as authorised. The penalty
for this offence is 60 penalty units.
New section 158 provides that the Firefighters Registration
Board must provide a report to the Minister on its work and
activities in respect of the past financial year, within 3 months of
the end of each financial year.
The Minister must then table the report with each House of the
Parliament on or before 31 October of that year.
The Firefighters Registration Board may also prepare a report on
its work or activities at any time, which must be provided to the
Minister as soon as practicable. The Minister must cause this
report to be laid before each House of the Parliament as soon as
practicable.
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New section 159 provides for the Governor in Council to make
Regulations under the Principal Act in relation to a number of
matters relating to the establishment and operation of the
Firefighters Registration Board.
The requirements of sections 6 and 7 of the Subordinate
Legislation Act 1994 (consultation and preparation of a
regulatory impact statement) will not apply to the first regulations
made under this section.
Part 9--Consequential amendments of the Metropolitan Fire
Brigades Act 1958
Clause 86 substitutes in section 31A of the Principal Act references to
the Chief Officer for references to Fire Rescue Commissioner.
Subclause (3) removes the reference to approval from the Board.
Clause 87 substitutes in section 32 of the Principal Act a reference to--
the Chief Officer for a reference to Fire Rescue
Victoria;
the metropolitan district for a reference to the Fire
Rescue Victoria fire district.
Clause 88 substitutes in section 32AA of the Principal Act--
references to the Chief Officer for references to Fire
Rescue Victoria;
a reference to the metropolitan district for a reference to
the Fire Rescue Victoria fire district.
Clause 89 substitutes in section 32B of the Principal Act references to--
the Chief Officer for references to Fire Rescue Victoria;
the metropolitan district for references to the Fire
Rescue Victoria fire district.
Clause 90 substitutes in section 32C of the Principal Act references to--
the Chief Officer for references to Fire Rescue Victoria
or Fire Rescue Commissioner;
the Board for references to Fire Rescue Victoria.
67
Clause 91 substitutes in section 32D of the Principal Act--
references to the Board for references to Fire Rescue
Victoria;
a reference to the metropolitan district for a reference to
the Fire Rescue Victoria fire district.
Clause 92 substitutes in section 33 of the Principal Act a reference to--
the Board for a reference to Fire Rescue Victoria;
the metropolitan district for a reference to the Fire
Rescue Victoria fire district.
Clause 93 substitutes in section 34 of the Principal Act--
a reference to the metropolitan district for a reference to
the Fire Rescue Victoria fire district;
references to the Board for references to Fire Rescue
Victoria;
a reference to "the Board or by members or employees
of the Board" for a reference to "Fire Rescue Victoria or
employees of Fire Rescue Victoria";
a reference to the Metropolitan Fire and Emergency
Services Appeals Commission for the Fire Rescue
Victoria Appeals Commission.
Clause 94 substitutes in section 36 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 95 substitutes in section 37 of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria.
Clause 96 substitutes in section 46 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 97 substitutes in section 47 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 98 substitutes in section 47A of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 99 substitutes in section 51 of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria.
68
Clause 100 substitutes in section 51A of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 101 substitutes in section 52 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 102 substitutes in section 54 of the Principal Act a reference to the
Chief Officer for a reference to Fire Rescue Commissioner.
Clause 103 substitutes in section 54A of the Principal Act a reference to the
Chief Officer for a reference to Fire Rescue Commissioner.
Clause 104 substitutes in section 55 of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria.
Clause 105 substitutes in section 55A of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria.
Clause 106 substitutes in section 55B of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 107 substitutes in section 55C of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 108 substitutes in section 55D of the Principal Act--
references to the Board for references to Fire Rescue
Victoria;
a reference to the metropolitan district for a reference to
the Fire Rescue Victoria fire district.
Clause 109 substitutes in section 55E of the Principal Act references to--
the Board for references to Fire Rescue Victoria;
the metropolitan district for references to the Fire
Rescue Victoria fire district; and
the Chief Officer for references to the Fire Rescue
Commissioner and Fire Rescue Victoria.
Clause 110 substitutes in section 56 of the Principal Act a reference to--
the Board for a reference to Fire Rescue Victoria;
the Chief Officer for a reference to the Fire Rescue
Commissioner.
69
Clause 111 substitutes in section 59 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 112 substitutes in section 60 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 113 substitutes in section 64(1) of the Principal Act a reference to the
metropolitan district for a reference to the Fire Rescue Victoria
fire district.
Clause 114 substitutes in section 66A of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 115 substitutes in section 71 of the Principal Act--
a reference to the Board or the Chief Officer for a
reference to Fire Rescue Victoria;
a reference to the Board's or the Officer's for a reference
to Fire Rescue Victoria's; and
references to the metropolitan district for references to
the Fire Rescue Victoria fire district.
Clause 116 substitutes in section 72 of the Principal Act--
references to the Board for references to Fire Rescue
Victoria;
a reference to the Chief Officer for a reference to Fire
Rescue Victoria.
Clause 117 substitutes in section 72A of the Principal Act--
references to the metropolitan district for references to
the Fire Rescue Victoria fire district;
a reference in subsection (1)(b) to "obey any orders
given to him or her by the Chief Officer or the senior
member of the operational staff who is in charge of the
fire-fighting operations and is present at the fire" with
"obey any orders given by Fire Rescue Victoria";
in subsection (2) the words "the Chief Officer or the
senior member of the operational staff in charge of the
fire fighting operations is not present at the fire, then
until the arrival of the Chief Officer or senior member
of the operational staff" with the words "Fire Rescue
70
Victoria is not present at the fire, then until the arrival
of Fire Rescue Victoria";
a reference to the Chief Officer for a reference to Fire
Rescue Victoria;
a reference to "the Chief Officer or the senior member
of the operational staff who is in charge of the fire
fighting operations and is present at the fire" with Fire
Rescue Victoria.
Clause 118 substitutes in section 75 of the Principal Act--
the first and third reference to the Board for a reference
to Fire Rescue Victoria;
the reference to "the President or the Deputy President
of the Board" with the Fire Rescue Commissioner.
Clause 119 substitutes in section 75A of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 120 substitutes in section 75B of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 121 substitutes in section 75C of the Principal Act a reference to--
the Board for a reference to Fire Rescue Victoria;
a reference to the Chief Officer for a reference to Fire
Rescue Victoria.
Clause 122 substitutes in section 77 of the Principal Act a reference to--
"the Chief Officer, by any person authorised by the
Board" for a reference to "Fire Rescue Victoria, by any
person authorised by Fire Rescue Victoria";
the Board for a reference to Fire Rescue Victoria; and
"the Chief Officer, to the Board" for a reference to
"Fire Rescue Victoria, to Fire Rescue Victoria".
Clause 123 substitutes in section 78 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
71
Clause 124 substitutes in section 78B of the Principal Act a reference to the
Chief Executive Officer for a reference to Fire Rescue Victoria.
Clause 125 substitutes in section 78C of the Principal Act references to the
Chief Executive Officer for references to the Fire Rescue
Commissioner.
Clause 126 substitutes in section 78D(1) of the Principal Act references to
the Chief Executive Officer for references to the Fire Rescue
Commissioner.
Clause 127 substitutes in section 79 of the Principal Act references to the
Metropolitan Fire and Emergency Services Appeals Commission
for references to the Fire Rescue Victoria Appeals Commission.
Clause 128 substitutes in section 79H of the Principal Act a reference to--
the Board for a reference to Fire Rescue Victoria;
a reference to the Chief Executive Officer for a
reference to the Fire Rescue Commissioner.
Clause 129 substitutes in section 79K of the Principal Act references to the
Board or the Chief Executive Officer for references to Fire
Rescue Victoria.
Clause 130 substitutes in section 79O of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria and a reference to
the Metropolitan Fire and Emergency Service Appeals
Commission for a reference to the Fire Rescue Victoria Appeals
Commission.
Clause 131 substitutes in section 79P of the Principal Act--
references to the Board for references to Fire Rescue
Victoria;
a reference to the Metropolitan Fire and Emergency
Service for a reference to Fire Rescue Victoria.
Clause 132 substitutes in section 79R of the Principal Act a reference to the
Board and the Chief Executive Officer for a reference to Fire
Rescue Victoria.
72
Clause 133 substitutes in section 80(1) of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 134 substitutes in section 81 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 135 substitutes in section 81A of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 136 substitutes in section 82 of the Principal Act references to the
Board for references to Fire Rescue Victoria.
Clause 137 substitutes in section 84 of the Principal Act a reference to the
Board for a reference to Fire Rescue Victoria.
Clause 138 substitutes in section 87 of the Principal Act references to the
metropolitan district for references to the Fire Rescue Victoria
fire district.
Clause 139 substitutes in section 88 of the Principal Act references to the
Chief Officer, by the Board to Fire Rescue Victoria, by Fire
Rescue Victoria.
Clause 140 substitutes in section 90 of the Principal Act--
references to the Chief Officer for references to Fire
Rescue Victoria; and
a reference to "he or she" for a reference to Fire Rescue
Victoria.
Clause 141 substitutes in section 92 of the Principal Act references to the
Chief Officer for references to Fire Rescue Victoria.
Clause 142 substitutes in section 93 of the Principal Act--
a reference to the Board for a reference to Fire Rescue
Victoria; and
references to the Chief Officer for references to the Fire
Rescue Commissioner.
Clause 143 makes substitutions to the headings throughout the Principal Act
to reflect the creation of Fire Rescue Victoria.
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Part 10--Consequential amendments of other Acts
Division 1--Amendment of Borrowing and Investment Powers
Act 1987
Clause 144 substitutes item 9 of Schedule 1 of the Borrowing and
Investment Powers Act 1987 to replace a reference to the
Metropolitan Fire Brigades Board for a reference to Fire Rescue
Victoria.
Division 2--Amendment of Building Act 1993
Clause 145 amends the definition of chief officer in section 3 of the Building
Act 1993 to replace a reference to the Chief Officer under the
Principal Act to a reference to the Fire Rescue Commissioner.
It also replaces in that same definition--
references to the metropolitan district with references to
the Fire Rescue Vitoria fire district.
a reference to the Metropolitan Fire Brigades
Act 1958 to a reference to the Fire Rescue Victoria
Act 1958.
Clause 146 amends section 188 of the Building Act 1993 to replace a
superseded reference to the Chief Fire Officer under the Principal
Act to a reference to the Fire Rescue Commissioner.
Clause 147 amends section 210 of the Building Act 1993 to replace a
reference to the Metropolitan Fire Brigades Act 1958 to a
reference to the Fire Rescue Victoria Act 1958.
Clause 148 amends section 261 of the Building Act 1993 to replace a
reference to the Metropolitan Fire Brigades Board for a reference
to Fire Rescue Victoria.
Division 3--Amendment of Coroners Act 2008
Clause 149 repeals the definition of Metropolitan Fire and Emergency
Services Board in section 3 of the Coroners Act 2008 and inserts
a new definition of Fire Rescue Victoria.
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Clause 150 amends section 30 of the Coroners Act 2008 to--
replace a reference to the Metropolitan Fire and
Emergency Services Board for a reference to Fire
Rescue Victoria; and
replace a reference to the Board for a reference to Fire
Rescue Victoria.
Clause 151 amends section 35 of the Coroners Act 2008 to replace a
reference to the Metropolitan Fire and Emergency Services
Board for a reference to Fire Rescue Victoria.
Division 4--Amendment of Country Fire Authority Act 1958
Clause 152 amends various definitions in section 3 of the Country Fire
Authority Act 1958 to reflect the creation of Fire Rescue
Victoria, the Fire Rescue Commissioner and the Fire Rescue
Victoria fire district.
Clause 153 amends section 19 of the Country Fire Authority Act 1958 to--
replace a reference to the Metropolitan Fire Brigades
Act 1958 to a reference to the Fire Rescue Victoria
Act 1958;
replace a reference to the Board for a reference to Fire
Rescue Victoria.
Clause 154 amends section 20AAA of the Country Fire Authority
Act 1958 to substitute a new subsection 2(b) to refer to Fire
Rescue Victoria established under the Fire Rescue Victoria
Act 1958.
Clause 155 amends section 33 of the Country Fire Authority Act 1958 to--
replace references to the Metropolitan Fire Brigades
Board for references to Fire Rescue Victoria;
replace references to the metropolitan district for
references to the Fire Rescue Victoria fire district.
Clause 156 amends section 36A of the Country Fire Authority Act 1958 to
replace a reference to the metropolitan district for a reference to
the Fire Rescue Victoria fire district.
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Clause 157 amends section 40(5)(a) of the Country Fire Authority
Act 1958 to substitute a reference to "the Chief Officer of the
Metropolitan Fire and Emergency Services" for a reference to
"the Fire Rescue Commissioner within the meaning of the
Fire Rescue Victoria Act 1958". It also replaces a reference to
the metropolitan district for references to the Fire Rescue
Victoria fire district.
Clause 158 amends section 62 of the Country Fire Authority Act 1958 to
substitute a reference to "an officer of the Metropolitan Fire and
Emergency Services Board" for a reference to "the Fire Rescue
Commissioner within the meaning of the Fire Rescue Victoria
Act 1958".
Division 5--Amendment of Dangerous Goods Act 1985
Clause 159 amends section 3 of the Dangerous Goods Act 1985 to--
replace a reference to the Metropolitan Fire Brigades
Act 1958 to a reference to the Fire Rescue Victoria
Act 1958;
replace a reference to the Metropolitan Fire Brigades
Board under the Metropolitan Fire Brigades Act 1958
to a reference to Fire Rescue Victoria under the Fire
Rescue Victoria Act 1958.
Clause 160 amends section 10B of the Dangerous Goods Act 1985 to
replace a reference to the Metropolitan Fire Brigades Act 1958
to a reference to the Fire Rescue Victoria Act 1958.
Clause 161 amends section 28 of the Dangerous Goods Act 1985 to replace
a reference to the Chief Fire Officer of the Metropolitan Fire
Brigades with a reference to the Fire Rescue Commissioner of
Fire Rescue Victoria.
Division 6--Amendment of EastLink Project Act 2004
Clause 162 amends section 239 of the EastLink Project Act 2004 to
substitute a new subsection 2(b) to refer to Fire Rescue Victoria
established under the Fire Rescue Victoria Act 1958.
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Division 7--Amendment of Electrical Safety Act 1998
Clause 163 amends section 3 of the Electrical Safety Act 1998 to include a
reference to Fire Rescue Victoria, if the area is within the Fire
Rescue Victoria fire district within the meaning of the Fire
Rescue Victoria Act 1958.
Division 8--Amendment of Emergency Management Act 1986
Clause 164 amends section 4 of the Emergency Management Act 1986 to
substitute a new subsection 1(b) to refer to Fire Rescue Victoria
established under the Fire Rescue Victoria Act 1958.
Division 9--Amendment of Emergency Management Act 2013
Clause 165 amends the definitions in section 3 of the Emergency
Management Act 2013 to reflect the creation of Fire Rescue
Victoria and the Fire Rescue Commissioner.
Clause 166 amends section 8 of the Emergency Management Act 2013 to
replace a reference to the Metropolitan Fire and Emergency
Services Board for a reference to Fire Rescue Victoria.
Clause 167 amends section 41 of the Emergency Management Act 2013 to
replace a reference to the Metropolitan Fire Brigades Act 1958
to a reference to the Fire Rescue Victoria Act 1958.
Division 10--Amendment of Emergency Services Superannuation
Act 1986
Clause 168 amends section 7 of the Emergency Services Superannuation
Act 1986 to replace a reference to the Metropolitan Fire and
Emergency Services Board for a reference to Fire Rescue
Victoria.
Clause 169 amends section 20 of the Emergency Services Superannuation
Act 1986 to--
replace a reference to the Metropolitan Fire Brigades
Act 1958 to a reference to the Fire Rescue Victoria
Act 1958;
replace a reference to the Metropolitan Fire and
Emergency Services Board for a reference to Fire
Rescue Victoria.
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Division 11--Amendment of Emergency Services
Telecommunications Authority Act 2004
Clause 170 amends the definitions in section 3 of the Emergency Services
Telecommunications Authority Act 2004 to reflect the creation
of Fire Rescue Victoria and the Fire Rescue Commissioner.
Clause 171 amends section 21 of the Emergency Services
Telecommunications Authority Act 2004 to replace a reference
to the Metropolitan Fire and Emergency Services Board for a
reference to Fire Rescue Victoria.
Division 12--Amendment of Firearms Act 1996
Clause 172 substitutes item 16 of Schedule 3 of the Firearms Act 1996 to
replace a reference to the Metropolitan Fire Brigades Board for a
reference to Fire Rescue Victoria.
Division 13--Amendment of Fire Services Property Levy Act 2012
Clause 173 substitutes section 1 of the Fire Services Property Levy
Act 2012 to replace a reference to the Metropolitan Fire
Brigades Board for a reference to Fire Rescue Victoria.
Clause 174 amends the definitions in section 3 of the Fire Services Property
Levy Act 2012 to reflect the creation of Fire Rescue Victoria, the
Fire Rescue Commissioner and the Fire Rescue Victoria fire
district.
Clause 175 amends section 12 of the Fire Services Property Levy Act 2012
to take account of the transitional arrangement in new
section 117 in clause 53, which provides for the deferral of
changes to the fire services property levy for 2 years.
Clause 176 amends section 14 of the Fire Services Property Levy Act 2012
to replace a references to the metropolitan district for references
to the Fire Rescue Victoria fire district.
Clause 177 amends section 65 of the Fire Services Property Levy Act 2012
to replace a reference to the MFB for a reference to Fire Rescue
Victoria.
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Division 14--Amendment of Gas Safety Act 1997
Clause 178 amends section 36 of the Gas Safety Act 1997 to replace a
reference to the Chief Officer of the Metropolitan Fire and
Emergency Services for a reference to Fire Rescue
Commissioner Fire Rescue Victoria.
Division 15--Amendment of Housing Act 1983
Clause 179 amends section 36A of the Housing Act 1983 to--
replace a reference to the Metropolitan Fire Brigades
Act 1958 to a reference to the Fire Rescue Victoria
Act 1958;
replace a reference to the Metropolitan Fire Brigades
Board for a reference to Fire Rescue Victoria.
Division 16--Amendment of Local Government Act 1989
Clause 180 amends section 154 of the Local Government Act 1989 to
replace a reference to the Metropolitan Fire Brigades Board for a
reference to Fire Rescue Victoria.
Division 17--Amendment of Liquor Reform Control Act 1998
Clause 181 amends the definitions in section 148S of the Liquor Reform
Control Act 1998 to reflect the creation of Fire Rescue Victoria,
the Fire Rescue Commissioner and the Fire Rescue Victoria fire
district.
Clause 182 amends section 148T of the Liquor Reform Control Act 1998
to reflect the creation of Fire Rescue Victoria.
Clause 183 amends section 148ZS of the Liquor Reform Control Act 1998
to replace a reference to the Metropolitan Fire Brigades
Act 1958 to a reference to the Fire Rescue Victoria Act 1958.
Division 18--Amendment of Marine Safety Act 2010
Clause 184 amends the definitions in section 202C of the Marine Safety
Act 2010 to replace a reference to the Metropolitan Fire and
Emergency Services Board for a reference to Fire Rescue
Victoria.
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Division 19--Amendment of National Electricity (Victoria)
Act 2005
Clause 185 amends the definitions in section 13 of the National Electricity
(Victoria) Act 2005 to reflect the creation of Fire Rescue
Victoria and the Fire Rescue Commissioner.
Division 20--Amendment of Residential Tenancies Act 1997
Clause 186 amends section 525 of the Residential Tenancies Act 1997 to--
replaces references to the Chief Officer with references
to the Fire Rescue Commissioner;
replace a reference to the Metropolitan Fire and
Emergency Services for a reference to Fire Rescue
Victoria.
Division 21--Amendment of Sentencing Act 1991
Clause 187 amends section 10AA of the Sentencing Act 1991 to reflect the
establishment of Fire Rescue Victoria.
Clause 188 amends the definitions in section 87C of the Sentencing
Act 1991 to reflect the establishment of Fire Rescue Victoria.
Division 22--Amendment of Taxation Administration Act 1997
Clause 189 amends section 92 of the Taxation Administration Act 1997 to
replace a reference to the Metropolitan Fire and Emergency
Services Board for a reference to Fire Rescue Victoria.
Division 23--Amendment of Terrorism (Community Protection)
Act 2003
Clause 190 amends the definitions in section 15 of the Terrorism
(Community Protection) Act 2003 to reflect the establishment
of Fire Rescue Victoria.
Division 24--Amendment of Victoria State Emergency Service
Act 2005
Clause 191 amends the definitions in section 6A of the Victoria State
Emergency Service Act 2005 to reflect the establishment of
Fire Rescue Victoria.
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Part 11--Repeal of amending provisions
Clause 192 repeals section 5(5) and Parts 3 to 11 of the Bill on the first
anniversary of the day on which all of its provisions are in
operation. This provision will allow the Parts of the Bill dealing
with the rebuttable presumptive right entitlement to continue as a
standalone Act.
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