Document ID: chunk:federal_register_of_legislation:F2024L00347:clause:1_11
Version: federal_register_of_legislation:F2024L00347
Segment Type: clause
Provision Reference: sch 1 cl 11
Character Range: 8035–10122

11  Disciplinary action
 (1) A member of a rural fire brigade commits a breach of discipline if the member:
 (a) contravenes the Ordinance or a provision of these rules; or
 (b) is negligent, careless, inefficient or incompetent in the discharge of the member's duties; or
 (c) fails to comply with the Service Standards; or
 (d) fails to comply with conditions of membership imposed by the Minister under subsection 7(4) or the review officer under paragraph 10(4)(b).
 (2) The Minister may appoint an officer of the NSW Rural Fire Service, at or above the rank of Superintendent, to be the appropriate disciplinary authority in relation to an alleged breach of discipline by a member of a rural fire brigade.
 (3) The appropriate disciplinary authority may take disciplinary action against a member of a rural fire brigade if:
 (a) an alleged breach of discipline is dealt with in accordance with the procedure set out in the Service Standards and notice has been given in accordance with subsection 12(1); and
 (b) the member is found by the appropriate disciplinary authority to have committed the breach.
 (4) The appropriate disciplinary authority may take any of the following disciplinary action:
 (a) reprimand the member;
 (b) suspend the member from service with the rural fire brigade for a specified period;
 (c) recommend to the Minister that the Minister take one or more of the following actions:
 (i) demote the member (if the member is an officer);
 (ii) disqualify the member from holding rank in the brigade;
 (iii) remove the member's name from the brigade register;
 (iv) impose conditions under subsection 7(4) on the member's membership of a rural fire brigade.
 (5) In this section:
appropriate disciplinary authority, in relation to an alleged breach of discipline by a member of a rural fire brigade, means:
 (a) an officer appointed under subsection (2) in relation to the alleged breach; or
 (b) if no officer is appointed—a disciplinary panel constituted in relation to the alleged breach in accordance with the procedure set out in the Service Standards.