Victorian Current Acts

FIRE RESCUE VICTORIA ACT 1958

TABLE OF PROVISIONS

   1.      Short title and commencement  
   2.      Purposes  
   2A.     Objectives relating to interaction between fire services agencies  
   3.      Definitions  
   4.      Fire Rescue Victoria fire district  
   4A.     Fire District Review Panel  
   4B.     Fire District Review Panel is a public entity  
   4C.     Appointment of members of the Fire District Review Panel  
   4D.     Resignation of members of the Fire District Review Panel  
   4E.     Ceasing to hold office—removal  
   4F.     Role of the Fire District Review Panel  
   4G.     Review of the Fire Rescue Victoria fire district  
   4H.     Secretary may recommend a review of the Fire Rescue Victoria fire district  
   4I.     Notice of review of the Fire Rescue Victoria fire district  
   4J.     Object and procedures relating to review  
   4K.     Procedures if Fire District Review Panel considers that there is a change in fire risk  
   4L.     Report of review  
   4M.     Minister's determination on review  
   4N.     Effect of Minister's determination  
   5.      Duties and powers of councils and public authorities in relation to fire  
   5A.     Municipal fire prevention officers and assistants  
   6.      Fire Rescue Victoria  
   7.      Functions of Fire Rescue Victoria  
   7AA.    Duty to assist in major emergency  
   7A.     Objective  
   7AB.    Emergency Management Victoria  
   7AC.    Compliance with operational standards of Emergency Management Commissioner  
   7AD.    Report on compliance with operational standards developed by the Emergency Management Commissioner  
   7AE.    Strategic Action Plan  
   7B.     Compliance with incident management operating procedures  
   7C.     Fire Rescue Commissioner and Deputy Fire Rescue Commissioners  
   8.      Accountability of Fire Rescue Victoria and the Fire Rescue Commissioner  
   9.      Appointment of Fire Rescue Commissioner  
   9A.     Deputy Fire Rescue Commissioners  
   9B.     Ceasing to hold office  
   9C.     Resignation  
   9D.     Removal from office  
   9E.     Suspension from office  
   9F.     Acting Fire Rescue Commissioner  
   9G.     Acting Deputy Fire Rescue Commissioner  
   12.     Application of Public Administration Act 2004  
   16.     Decisions not affected by certain matters  
   17.     Immunity of Fire Rescue Commissioner  
   21.     Conflicts of interest  
   24.     Power to purchase and sell property  
   24A.    Power to acquire land  
   24B.    Power of delegation  
   25A.    General powers of Fire Rescue Victoria  
   25B.    Employees of Fire Rescue Victoria  
   25C.    Secondment agreements  
   26.     Formation of units  
   27.     Copies of annual report and special report  
   31A.    Delegation of powers by Fire Rescue Commissioner  
   32.     Powers of access  
   32AA.   Duty to warn the community  
   32A.    Meaning of alarm of fire  
   32B.    Action on alarm of fire  
   32C.    Destruction of building by Fire Rescue Victoria  
   32D.    False alarm of fire  
   33.     False report of fire  
   33A.    Strategic Advisory Committee  
   33B.    Appointment of members of the Strategic Advisory Committee  
   33C.    Strategic Advisory Committee is a public entity  
   33D.    Resignation of members of the Strategic Advisory Committee  
   33E.    Ceasing to hold office—removal  
   33F.    Role of the Strategic Advisory Committee  
   33G.    Strategic Advisory Committee terms of reference  
   34.     Power to make regulations  
   36.      Annual estimate of expenditure and revenue  
   37.     Contributions towards annual expenditure  
   46.     Borrowing by Fire Rescue Victoria  
   47.     Power of Minister in case of default  
   47A.    Guarantee of debentures of Fire Rescue Victoria  
   51.     Fire Rescue Victoria may establish funds  
   51A.    Investment by Fire Rescue Victoria  
   52.     Units to be registered  
   54.     Damage to be covered by fire insurance  
   54A.    Immunity from certain liabilities  
   55A.    Fire Rescue Victoria may provide rescue and extrication services  
   55B.    Fire Rescue Victoria may provide road accident rescue services  
   55C.    Fire Rescue Victoria may provide protection services  
   55D.    Fire Rescue Victoria may provide emergency prevention and response services  
   55E.    Activities outside Fire Rescue Victoria fire district  
   56.     Extension and application of Act  
   58.     Removal of persons from burning premises  
   59.     Rights to water  
   60.     Collection of contributions for units  
   61.     Police to aid Units  
   64.     Regulation of height of buildings  
   66A.    Recovery of charges for services  
   71.     Place where fire occurs  
   71A.    Restriction of access to fire area  
   72.     Fire Rescue Victoria or unit may carry out fire prevention work  
   72A.    Interstate fire brigades and international fire brigades  
   75.     Documents signed by Fire Rescue Commissioner to be evidence  
   75A.    Offences relating to impersonation  
   75B.    Damage or interference with fire indicator panel or other apparatus  
   75C.    Obstruction of officers and damage to apparatus  
   76A.    Evidence of ownership or occupancy  
   77.     Recovery and application of penalties  
   78.     Alarm monitoring service to provide prescribed information  
   78A.    Offences by officers or members  
   78B.    Laying of charges  
   78C.    Hearing of charges  
   78D.    Decision of Fire Rescue Commissioner  
   78E.    Pay while suspended  
   79.     Fire Rescue Victoria Appeals Commission  
   79A.    Function of the Commission  
   79B.    Membership of Commission  
   79C.    Term of appointment  
   79D.    Remuneration and allowances  
   79E.    Application of Public Administration Act 2004  
   79F.    Vacancies  
   79G.    Annual report of the Commission  
   79H.    Rights of appeal  
   79I.    Certain appeals to be by way of rehearing  
   79J.    Proceedings of the Commission  
   79K.    Assistants in proceedings  
   79L.    Procedure on appeal  
   79M.    Commission powers on appeal  
   79N.    Costs  
   79O.    Appeals against transfer  
   79P.    Promotion appeals  
   79Q.    Determination of Commission  
   79R.    Fire Rescue Victoria to give effect to determination  
   79S.    Evidence of determination  
   80.     Definition  
   81.     Entitlement to long service leave  
   81A.    Payment in lieu of long service leave  
   82.     Leave not to affect Fire Rescue Victoria's activities  
   84.     Provision in case of death before or during long service leave  
   87.     Fire prevention notices  
   88.     Service of notices  
   89.     Objection to notices  
   90.     Appeal against notices  
   91.     Compliance with notices  
   92.     Fire prevention infringement notices  
   93.     Issue of notices  
   94.     Supreme Court—limitation of jurisdiction  
   94A.    Causing fire in the Fire Rescue Victoria fire district in extreme conditions of weather etc. an offence  
   94B.    Causing fire in the Fire Rescue Victoria fire district with intent to cause damage etc.  
   94C.    Direction not to light fire  
   94D.    Power of Fire Rescue Victoria to close roads  
   94E.    Power to direct extinguishment of fire  
   94F.    Power to arrest  
   95.     Superseded references  
   96.     Metropolitan Fire Brigades Board  
   97.     Chief Fire Officer  
   98.     Transitional—appeals  
   98A.    Definitions  
   99.     Fire Rescue Victoria  
   100.    Fire Rescue Commissioner  
   101.    Transfer of staff  
   102.    Transfer of Country Fire Authority staff  
   103.    Transfer of other Country Fire Authority staff  
   104.    Superseded references  
   105.    Minister may direct Country Fire Authority to give an allocation statement  
   105A.   Minister may direct Country Fire Authority to give an allocation statement in respect of other Country Fire Authority staff  
   106.    Property, rights, liabilities and obligations allocated in accordance with allocation statement  
   107.    Allocation subject to encumbrances  
   108.    Substitution of party to agreement  
   109.    Country Fire Authority instruments  
   110.    Proceedings  
   111.    Interests in land  
   112.    Easements  
   113.    Action by Registrar of Titles  
   114.    Taxes  
   115.    Evidence  
   116.    Validity of things done under the transitional provisions  
   117.    Transitional provision relating to insignias  
   118.    Transitional provision relating to Metropolitan Fire and Emergency Services Appeals Commission  
   120.    Renaming of Act—Savings provision  
   121.    Definitions  
   122.    Establishment  
   123.    Appointment  
   124.    Remuneration and allowances  
   125.    Terms and conditions  
   126.    Acting appointment  
   127.    When Monitor ceases to hold office  
   128.    Suspension and removal  
   129.    Independence of the Monitor  
   130.    Preparation, tabling and publication of Implementation Plan  
   131.    Functions of the Monitor  
   132.    Powers of the Monitor  
   133.    Performance of functions of the Monitor  
   134.    Power to require information to be given  
   135.    Power of entry and inspection  
   136.    Duty to cooperate  
   137.    Constraints on access to information not to apply  
   138.    Use and disclosure of information  
   140.    Fire Rescue Victoria and the Country Fire Authority to prepare outcomes frameworks and quarterly updates  
   141.    Quarterly report to be prepared by the Monitor about updates  
   142.    Reports prepared by the Monitor  
   143.    Review of this Part  
   144.    Regulations  
   145.    Repeal of sections 121 to 144  
   146.    Transitional provision  
   147.    Definitions  
   148.    Firefighters Registration Scheme  
   149.    Establishment of Firefighters Registration Board  
   150.    Appointment of members of the Firefighters Registration Board  
   151.    When member ceases to hold office  
   152.    Removal from office  
   153.    Independence of the Firefighters Registration Board  
   154.    Functions of the Firefighters Registration Board  
   155.    Validity of acts  
   156.    Powers of Firefighters Registration Board  
   157.    Use and disclosure of information  
   158.    Reports prepared by the Firefighters Registration Board  
   159.    Regulations  
           SCHEDULE 3
           ENDNOTES