Victorian Consolidated Regulations

VICTORIA STATE EMERGENCY SERVICE REGULATIONS 2017 - REG 5

In these Regulations—

"complaint" means a complaint to the Chief Officer, Operations under regulation 8,  9 or 10;

"emergency activities and operations" means any of the following—

        (a)     emergency management planning;

        (b)     emergency response including—

              (i)     responding to floods, earthquakes and storms, and the effects of floods, earthquakes and storms; and

              (ii)     providing rescue services;

        (c)     emergency support;

        (d)     coordinating and engaging in other emergency activities for the purposes of the Act;

        (e)     participating in civil defence activities;

        (f)     managing traffic in accordance with section 40 of the Act;

"health" includes psychological health;

"misconduct", in relation to a registered member or a probationary member, means any of the following—

        (a)     a contravention of the Act or these Regulations (other than Part 3 of these Regulations);

        (b)     the commission of an unlawful act by a registered member or a probationary member while on duty;

        (c)     the commission of an unlawful act by a registered member or a probationary member while not on duty that is likely to harm the operation or reputation of the Service;

        (d)     the discharge of duties as a registered member or a probationary member in a negligent manner;

        (e)     behaviour while on duty that is disruptive, uncooperative or incompetent and that disruption, uncooperativeness or incompetence is likely to cause harm to the operation or reputation of the Service;

        (f)     any form of harassment or bullying of a Service member by a registered member or a probationary member;

        (g)     any form of harassment or bullying of a person (other than a Service member) by a registered member or a probationary member while on duty;

        (h)     a failure or refusal of a registered member or a probationary member to comply with—

              (i)     a lawful command or instruction of the Chief Officer, Operations or a controller of the registered member's or the probationary member's unit; or

              (ii)     a standing order of the Service;

              (i)     the provision of false or misleading information to the Service or the Authority;

        (j)     a failure of a registered member or a probationary member to disclose to the Service or the Authority a material change in circumstances that may adversely affect—

              (i)     the registered member's or the probationary member's ability to perform the duties of a registered member or a probationary member; or

              (ii)     the operation of the Service;

        (k)     a failure of a registered member or a probationary member to take reasonable care for the registered member's or the probationary member's own health and safety while on duty;

        (l)     a failure to take reasonable care for the health or safety of persons who may be affected by acts or omissions of a registered member or a probationary member while on duty;

        (m)     a failure while on duty to cooperate with the Authority with respect to any action taken by the Authority to comply with a requirement under the  Occupational Health and Safety Act 2004 or the regulations made under that Act;

        (n)     a failure to cooperate in accordance with regulation 7(3);

        (o)     the commission of any other act or behaviour that is intended to cause harm to the operation or reputation of the Service;

"the Act" means the Victoria State Emergency Service Act 2005 .