Victorian Numbered Regulations

VICTORIA STATE EMERGENCY SERVICE REGULATIONS 2006 (SR NO 130 OF 2006) - REG 31

    (1)     On receipt of the name of a registered member in accordance with regulation 29, or a recommendation under regulation 30 , the Director of Operations may, in accordance with this regulation, cancel the registration of the relevant registered member.

    (2)     Before the Director of Operations cancels the registration of a registered member under this regulation, the Director must, in all cases, send a letter to the registered member informing the registered member that—

        (a)     he or she proposes to cancel the registered member's membership and the reasons for that proposal; and

        (b)     the registered member has 7 days from receiving the letter to—

              (i)     request to continue as a registered member; and

              (ii)     give the reasons why he or she should continue to be a registered member.

    Note:     Section 49 of the Interpretation of Legislation Act 1984 applies to the sending of a letter under sub-regulation (2).

    (3)     In the case where the Director of Operations proposes to cancel the registration of a registered member because of a failure to comply with regulation 28(2), the Director of Operations—

        (a)     must also, in the letter to be sent to the registered member, inform the registered member that he or she may return to active service or take a leave of absence from the Service; and

        (b)     may consult with the controller of the registered member's registered unit to determine—

              (i)     the reasons for that non-compliance; and

              (ii)     whether the registered member wishes to continue to be a registered member.

    (4)     If—

        (a)     a registered member who has been sent a letter in accordance with sub-regulation (2), wishes to continue to be a registered member; or

        (b)     the Director of Operations is of the view that a registered member to whom sub-regulation (3) applies wishes to continue to be a registered member—

        the Director of Operations must arrange for the registered member to undertake appropriate exercises and training to determine whether the registered member is fit and competent to carry out the emergency activities and operations for which they have been trained.

    (5)     The Director of Operations may cancel the registration of a registered member if—

        (a)     the registered member does not reply to the letter sent to them in accordance with sub-regulation (2); or

        (b)     the registered member fails to satisfactorily complete the exercises and training undertaken in accordance with sub-regulation (4).

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