S. 3(1) def. of brigade amended by Nos 6583 s. 5(b), 7142 s. 2, 24/1997 s. 4(2)(a), substituted by No. 5/2012 s. 3(c). brigade means a brigade registered by the Authority under section 23(1)(b); S. 3(1) def. of broadcast inserted by No. 8614 s. 2. broadcast means broadcast by means of radio or television transmission, and broadcasting station has a similar connotation; S. 3(1) def. of Chief Executive Officer inserted by No. 77/2000 s. 4. Chief Executive Officer means the Chief Executive Officer of the Authority appointed under section 16A; S. 3(1) def. of Chief Officer amended by No. 5/2012 s. 3(d). Chief Officer means the Chief Officer of all brigades; S. 3(1) def. of officer inserted by No. 37/2014 s. 10(Sch. item 33.1). commissioned officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of competition inserted by No. 39/1992 s. 3(a)(i). competition— (a) means a gathering of brigades and apparatus for the purposes of engaging in training exercises and other events and increasing public awareness of fire prevention, protection or suppression techniques and other brigade activities; and (b) includes any championship;
S. 3(1) def. of Deputy Regional Officer inserted by No. 10004 s. 4, repealed by No. 39/1992 s. 5(3)(a). * * * * * S. 3(1) def. of designated area inserted by No. 24/1997 s. 4(1). designated area means an area designated by the Authority under section 23AA; S. 3(1) def. of division repealed by No. 10149 s. 4(e). * * * * * S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 1.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 13.1). domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of Emergency Services inserted by No. 73/2010 s. 41, substituted as Emergency Management by No. 73/2013 s. 79(b). Emergency Management Commissioner has the same meaning as it has in section 3 of the Emergency Management Act 2013;
S. 3(1) def. of private street inserted by No. 2/1995 s. 6(1), amended by No. 6/2010 s. 203(1) (Sch. 6 item 10(b)). private street means a road, other than— (a) a road under the Road Management Act 2004; (b) a road vested in a public authority; (c) a road that is under the care and management of a municipal council under section 205 of the Local Government Act 1989; S. 3(1) def. of proper officer repealed by No. 10149 s. 4(k). * * * * * S. 3(1) def. of protected public land inserted by No. 10149 s. 4(l). protected public land has the same meaning as in the Forests Act 1958; S. 3(1) def. of public authority amended by No. 12/1989 s. 4(1)(Sch. 2 item 17.3). public authority means any board commission trust or other body corporate or unincorporate established or constituted by or under any Act for any public purpose, whether in respect of the whole or any part of , but does not include a municipal council; region means a part of the country area of proclaimed as a fire control region pursuant to this Act; S. 3(1) def. of regional officer repealed by No. 39/1992 s. 5(3)(a). * * * * * S. 3(1) def. of Regulations repealed by No. 10149 s. 4(m). * * * * *
S. 6H inserted by No. 10/2011 s. 4. 6H Authority to have regard to Volunteer Charter The Authority must, in performing its functions, have regard to the commitment and principles set out in the Volunteer Charter. S. 6I inserted by No. 10/2011 s. 4. 6I Authority's responsibility to encourage, maintain and strengthen capacity of volunteers The Authority has a responsibility to develop policy and organisational arrangements that encourage, maintain and strengthen the capacity of volunteer officers and members to provide the Authority's services. No. 5040 s. 6. S. 7 amended by Nos 6583 s. 4, 7261 s. 2, 7877 s. 4(a), 8813 s. 2, 8933 s. 2(1), 10087 s. 3(1)(Sch. 1 item 20), 12/1989 s. 4(1)(Sch. 2 items 17.5, 17.6), 50/1989 s. 7(a)(b), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 5)), 73/2009 s. 5, 5/2012 s. 5, 58/2012 s. 95(1), substituted by No. 41/2014 s. 3. 7 Constitution of the Authority (1) The Authority is to consist of 9 members appointed by the Governor in Council. (2) The members of the Authority are to be appointed having regard to any of the following— (a) knowledge of, or experience in, commercial, technical, operational, legal or financial matters; (b) expertise in fire services, emergency management, land management or any other field relevant to the performance of the functions of the Authority. (3) Five members of the Authority, including the Chairperson and the Deputy Chairperson, are to be appointed on the recommendation of the Minister made after having regard to subsection (2). (4) Four members being— (a) two volunteer members of brigades predominately serving urban communities; and
No. 5040 s. 7. 8 Term of office of members S. 8(1) amended by Nos 7261 s. 3(2), 8813 s. 3, 77/2000 s. 6(a). (1) The members of the Authority shall subject to this Act be appointed to hold office for such term not exceeding three years as the Governor in Council determines before appointment, but any person appointed a member of the Authority shall upon expiration of the term for which he is so appointed be eligible for re-appointment if then qualified. (2) The Governor in Council may at any time remove any member of the Authority from office. S. 8(3) substituted by No. 77/2000 s. 7. (3) The office of a member of the Authority becomes vacant if the member— (a) without the permission of the Authority, is absent from 4 consecutive meetings of the Authority; or (b) becomes bankrupt; or (c) accepts or holds an office of profit or place of profit under the Authority; or (d) resigns by writing signed and addressed to the Governor in Council; or (e) becomes permanently incapable of performing the duties of the office of member; or (f) is convicted in of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an offence which, if committed in , would be so punishable. S. 8(4) substituted by No. 77/2000 s. 7. (4) On the occurrence of any vacancy in the office of any member of the Authority, a qualified person shall, in accordance with this Act, be appointed to fill the vacancy.
S. 16B inserted by No. 77/2000 s. 9. 16B Acting Chief Executive Officer (1) The Authority must appoint a person to be the Acting Chief Executive Officer of the Authority— (a) while the office of Chief Executive Officer is vacant; or (b) during any period when the Chief Executive Officer is unable, by reason of illness or absence, to perform the functions of that office. (2) The Acting Chief Executive Officer has all the powers and functions and may perform the duties of the Chief Executive Officer while he or she is acting. S. 16C inserted by No. 77/2000 s. 9. 16C Delegation of powers of Chief Executive Officer The Chief Executive Officer may, by instrument, delegate to any person by name or to the holder of an office or position approved by the Authority, any responsibility, power, authority, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation. Nos 5040 s. 17(1), 5651 s. 2(1)(b). S. 17 substituted by No. 6956 s. 3, amended by Nos 7877 s. 3(b), 9629 s. 3, 10004 s. 5, 50/1989 s. 9(a), substituted by No. 39/1992 s. 5(1), amended by No. 24/1997 s. 6. 17 Officers and employees The Authority may from time to time appoint and may at any time transfer, suspend or remove— (a) a Chief Officer; and (b) such number of Deputy Chief Officers as the Authority considers necessary; and (c) such other officers and employees at the classifications and in the numbers as the Authority considers necessary.
construed as a reference to an urban or rural fire brigade; and S. 19(1)(c) substituted by No. 7877 s. 6, amended by Nos 8019 s. 10(a)(i), 2/1995 s. 13(d)(e). (c) Any reference to service shall be read and construed as a reference— (i) to service as an officer or employee of the Authority and in the case of persons who were transferred to the service of the Authority upon the abolition of the Country Fire Brigades Board, shall include a reference to their prior service as officers or employees of the said Country Fire Brigades Board as if it had been service as officers or employees of the Authority; and S. 19(1)(c)(ii) amended by No. 8019 s. 10(a)(ii). (ii) to such extent as is prescribed by the regulations under this Act to service in any prescribed office under the Crown or with a Public or Government Authority or to service in any prescribed office in the service of the Commonwealth of Australia or any other Australian State. S. 19(2) amended by No. 2/1995 s. 13(e). (2) In this section unless inconsistent with the context or subject-matter officer or employee means a full-time paid officer or employee of the Authority, whether an officer or member of an urban or rural fire brigade or not, and does not include any part-time or volunteer member of any such brigade.
Division 1—General No. 5040 s. 22. S. 20 amended by No. 6583 s. 5(c). 20 General duty of Authority The duty of taking superintending and enforcing all necessary steps for the prevention and suppression of fires and for the protection of life and property in case of fire and the general control of all stations and of all brigades and of all groups of brigades shall, subject to the provisions of this Act, so far as relates to the country area of Victoria be vested in the Authority. S. 20AAA inserted by No. 5/2012 s. 8. 20AAA Duty to assist in major emergency (1) In addition to any other of its duties and functions under this Act, the Authority must assist in the response to any major emergency occurring within Victoria. (2) In this section— emergency agency means— (a) the Authority; (b) the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958; (c) the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62(2) of the Forests Act 1958; (d) the Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005;
(6) The Authority may register an industry brigade and enrol the officers and members of the brigade. (7) The Authority may cancel the registration of an industry brigade if— (a) the Authority determines that there is no longer a need for the brigade; or (b) the industry brigade fails to comply with the requirements of the Authority under this Act. (8) The Authority may cancel the enrolment of any officer or member of an industry brigade. (9) A relevant owner or group of relevant owners must not disband an industry brigade without the written consent of the Authority. (10) In this section relevant owner, in relation to a designated area means— (a) an owner of land in the designated area; or (b) an occupier of land in the designated area; or S. 23AA (10)(ba) inserted by No. 54/2010 s. 77. (ba) the owner of a forest carbon right within the meaning of the Climate Change Act 2010; or (c) a forest property owner under a forest property agreement (within the meaning of the Forestry Rights Act 1996) in respect of land in the designated area. S. 23A inserted by No. 6583 s. 5(a), amended by Nos 6956 s. 5, 7065 s. 2(Sch.). 23A Groups of brigades S. 23A(1) amended by No. 5/2012 s. 14. (1) Any two or more brigades registered under this Act may for the purposes of fire prevention or suppression combine to form a group of brigades.
S. 30(1)(g)(ii) amended by No. 37/2014 s. 10(Sch. item 33.2). (ii) in the event that the person fails or refuses to withdraw—remove the person or direct a member of a fire brigade or a police officer present at the fire to remove the person; (h) He may at any time pull down or shore up any wall or building damaged by fire that may be or may be likely to become dangerous to life or property; S. 30(1)(i) inserted by No. 50/1989 s. 26(3)(b). (i) The Chief Officer may take such other measures as appear necessary for the protection of life and property. S. 30(2) inserted by No. 81/1989 s. 3(Sch. item 7(c)). (2) In subsection (1)(e), bore has the same meaning as in the Water Act 1989. S. 30A inserted by No. 17/2003 s. 3. 30A Authorisation of certain persons (1) This section applies to the following persons— (a) a forest officer; (b) a person employed under section 18 or 19 of the Parks Victoria Act 1998; S. 30A(1)(c) amended by Nos 108/2004 s. 117(1) (Sch. 3 item 46.4), 5/2012 s. 17(1). (c) a person employed in the Department under Part 3 of the Public Administration Act 2004 by the Department Head of the Department within the meaning of that Act; S. 30A(1)(d) inserted by No. 5/2012 s. 17(2). (d) a person engaged by the Secretary under section 62C of the Forests Act 1958. (2) A person to whom this section applies may exercise the powers of the Chief Officer under section 30— (a) at the direction of—
(i) a part-time officer or member; or (ii) a permanent officer or member; or (iii) a volunteer officer or member; or S. 30A(2)(a)(iv) inserted by No. 43/2015 s. 30. (iv) a State Response Controller or a controller appointed or deployed under section 37 of the Emergency Management Act 2013; or (b) if the person believes that there is an imminent risk of fire occurring or a fire is burning in the country area of Victoria and none of the persons referred to in paragraph (a) are present at the scene. 31 Police to assist Chief Officer etc. No. 5040 s. 32. S. 31(1) amended by Nos 6583 s. 5(h)(i), 9629 s. 7(a), 37/2014 s. 10(Sch. item 33.3(a)). (1) Every commissioned officer present at the scene of any fire shall support and assist the Chief Officer or any officer exercising the powers of the Chief Officer or any officer in charge of a brigade or group of brigades in the maintenance of his authority and in enforcing due obedience by all persons to his orders in the execution of his duty. S. 31(2) amended by Nos 6583 s. 5(h)(ii), 37/2014 s. 10(Sch. item 33.3(b)). (2) All police officers are hereby authorized and directed to aid brigades and groups of brigades in the execution of their duties. S. 31(3) amended by No. 37/2014 s. 10(Sch. item 33.3(c)). (3) Any police officer may of his own motion or on the direction of the Chief Officer or any officer exercising the powers of the Chief Officer or any officer in charge of a brigade— S. 31(3)(a) amended by Nos 9629 s. 7(b), 2/1995 s. 13(f). (a) close any road in the vicinity of the scene of any fire; and
1958 or any direction or authority given thereunder) is burning on any land in the country area of Victoria at any time during a fire danger period the owner or the occupier or the person in charge of that land whether or not he has lighted the fire or caused the fire to be lighted shall— S. 34(1)(a) amended by No. 5/2012 s. 21(1). (a) immediately upon becoming aware of the fire, take all reasonable steps to extinguish the fire; and S. 34(1)(b) amended by Nos 5/2012 s. 21(2), 37/2014 s. 10(Sch. item 33.4). (b) in the event of it appearing that with the resources at his disposal he will be unable to extinguish the fire, if practicable means of communication are available, immediately inform or cause to be informed the nearest available officer or member of a brigade or a person to whom section 30A applies or a police officer of the existence and location of the fire. Penalty: 120 penalty units or imprisonment for 12 months or both. S. 34(2) amended by Nos 10235 s. 11(a), 5/2012 s. 21(4)(5). (2) Notwithstanding that a person has complied with subsection (1) with respect to giving information as to the existence and location of a fire, he shall continue to take all reasonable steps to extinguish the fire. Penalty: 120 penalty units or imprisonment for 12 months or both. Division 3—Fire prevention S. 34A inserted by No. 10149 s. 9. 34A Meaning of in the open air (1) For the purposes of this Division, a fire is in the open air if it is in any place other than within a permanent structure. (2) In this section permanent structure—
No. 5040 s. 39. S. 38 amended by Nos 6956 s. 2(2), 7877 ss 2(1)(c), 21(a)(ii), 8478 s. 4, S.R. No. 340/1973 reg. 2, No. 9488 s. 2(a), substituted by No. 10004 s. 8. 38 Lighting fires in accordance with permit (1) Section 37 does not apply to a person who— (a) sets fire to any grass, stubble, weeds, scrub, undergrowth or other vegetation; (b) lights a fire for the purpose of converting wood into charcoal; (c) lights any other fire— on any land in accordance with a written permit obtained from— S. 38(1)(d) amended by No. 10149 s. 21(b)(i)(ii). (d) the fire prevention officer of the administrative unit or public authority which manages or controls the land or, when in any instance that fire prevention officer so requests, the Chief Officer; or S. 38(1)(e) amended by Nos 10149 s. 21(1)(c) (as amended by No. 10173 s. 4), 12/1989 s. 4(1)(Sch. 2 item 17.9). (e) (where paragraph (d) does not apply) the fire prevention officer of the municipal council in which the land is situated or the Chief Officer. (2) A permit granted under subsection (1)— (a) shall be in or to the effect of the form prescribed; (b) shall contain such conditions and restrictions as are prescribed; and (c) may contain any further conditions and restrictions which the officer granting the permit may reasonably require. S. 38(2A) inserted by No. 5/2012 s. 25(1). (2A) A permit granted under subsection (1) may allow the person to whom it is granted to light a fire or fires at any time within a period specified in the permit subject to any conditions or restrictions contained in the permit.
period in accordance with a permit granted under the regulations which permits that specified high fire risk activity. Nos 5040 s. 41, 5191 s. 29, 5651 s. 2(1)(h). S. 40 amended by Nos 6726 s. 2, 6956 s. 11(a)–(c), 7877 s. 21(b), 8019 s. 10(b)(i) (iii), 8614 s. 3(a)(b)(i)(ii) (c), 9178 s. 7, 9389 ss 2(a) (i)(ii)(b)(c), 4(a)(ii), 9488 s. 2(b), substituted by No. 10004 s. 9. 40 Provisions about total fire bans (1) The Authority may when it thinks fit declare a day or partial day of total fire ban in respect of the whole or any part or parts of and may at any time amend or revoke such a declaration. (2) The Authority shall cause to be broadcast from a broadcasting station in any declaration made under subsection (1) and any amendment to or revocation of any such declaration. S. 40(2A) inserted by No. 17/2003 s. 6(1). (2A) The Authority may transmit by electronic means a declaration or any amendment or revocation of a declaration to a broadcasting station for broadcasting under subsection (2). S. 40(3) amended by Nos 50/1989 s. 9(b), 77/2000 s. 10. (3) The Chief Executive Officer of the Authority may authorize in writing the Chief Officer or an officer exercising the powers of the Chief Officer (either generally or in a particular instance) to cause any broadcast referred to in subsection (2) and may withdraw any such authority by notice in writing. S. 40(4) amended by Nos 10235 s. 11(d), 5/2012 s. 29(1). (4) Notwithstanding the provisions contained in section 38 or 38A, a person in a part of where and at a time when a declaration of total fire ban applies— (a) shall not light a fire in the open air or allow a fire in the open air to remain alight; or
S. 40(5) amended by Nos 45/1986 s. 5(a), 12/1989 s. 4(1)(Sch. 2 item 17.10), 17/2003 s. 7(2), 5/2012 s. 29(7). (5) Subsection (4) does not apply to a person who, in a part of Victoria where and at a time when a declaration of total fire ban applies, lights a fire in the open air or allows a fire in the open air to remain alight for a purpose specified in subsection (5A) for which a fire is necessary in accordance with a permit granted— S. 40(5)(a) amended by Nos 10043 s. 4(3)(a), 5/2012 s. 29(8). (a) where the fire is to be lighted or allowed to remain alight in the metropolitan district, by the Chief Officer of the Metropolitan Fire and Emergency Services or by any other officer whom he may authorize in writing; S. 40(5)(b) amended by No. 10043 s. 4(3)(b). (b) where the fire is to be lighted or allowed to remain alight in the country area of (other than on lands within a fire protected area) by the Chief Officer of the Authority; S. 40(5)(c) amended by Nos 10087 s. 3(1)(Sch. 1 item 22), 45/1986 s. 5(b), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 5)), 5/2012 s. 29(9). (c) where the fire is to be lighted or allowed to remain alight in a fire protected area, by the person for the time being holding the office of or acting as the Chief Fire Officer in the Department; or (d) by the Minister under subsection (8). S. 40(5A) inserted by No. 5/2012 s. 29(10). (5A) For the purposes of subsection (5), the following purposes are specified— (a) the purpose of carrying on the work of— (i) a community organisation; or (ii) a charitable organisation; or (iii) an organisation involved in fund raising; or
S. 41A inserted by No. 8257 s. 10, amended by Nos 9488 s. 2(a), 9629 s. 8, 10149 s. 21(1)(e) (as amended by No. 10173 s. 4), 10235 s. 11(g), 39/1992 s. 5(3)(d)(e), substituted by No. 2/1995 s. 5. 41A Service of notices (1) A fire prevention notice may be served on an owner or occupier— (a) by giving it to or serving it personally on the owner or occupier; or (b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or (c) by leaving it at the usual or last known residential or business address of the owner or occupier with a person on the premises who is apparently at least 16 years old and apparently residing or employed there; or (d) in a manner prescribed by any other Act or law for service on a person or class of persons of the same type as the owner or occupier. (2) If the fire prevention officer— (a) does not know who the owner or occupier of any land is; or (b) does not know the residential or business address of the owner or occupier; or (c) believes that the owner or occupier is absent from and has no agent in known to the officer— the fire prevention notice may be served in accordance with subsection (3). (3) If subsection (2) applies, a fire prevention notice may be served— (a) by displaying it on the land; and
S. 41E(2) substituted by No. 32/2006 s. 94(Sch. item 8(3)). (2) In addition to and without limiting section 12 of the Infringements Act 2006, a fire prevention infringement notice under subsection (1) may be served in accordance with section 41A. S. 41E(3) inserted by No. 5/2012 s. 33(2). (3) The infringement penalty for an offence against section 41D is 10 penalty units. S. 41E(3)–(7) repealed by No. 32/2006 s. 94(Sch. item 8(4)). * * * * * (8) In this section, authorised officer means— (a) if the fire prevention notice was served by a fire prevention officer, a person appointed for the purpose by the relevant municipal council; (b) if the fire prevention notice was served by the Chief Officer, a person appointed for the purpose by the Chief Officer. S. 41F inserted by No. 2/1995 s. 5. 41F Issue of notices by Chief Officer (1) If— (a) the Chief Officer forms the opinion required by section 41(2); and (b) upon request, the relevant fire prevention officer refuses or fails to issue a fire prevention notice within the time specified by the Chief Officer— the Chief Officer may serve a fire prevention notice on the owner or occupier of the land.
S. 45(2) amended by Nos 9389 s. 4(c), 9902 s. 2(1)(Sch. item 38), 10004 s. 12(b), 10149 s. 21(1)(e) (as amended by No. 10173 s. 4), 12/1989 s. 4(1)(Sch. 2 item 17.27), 57/1989 s. 3(Sch. item 36.4), 39/1992 s. 5(3)(j). (2) Upon the publication of any such Order the powers and duties of such fire prevention officer shall for the specified period be so vested in and imposed upon the person named or referred to in the Order, and the provisions of this Division shall with the necessary adaptations be read and construed accordingly, and the expenses of the carrying out of such powers and duties, as determined by the Governor in Council, shall (to the extent that they are not otherwise paid or recovered) be borne by and may irrespective of amount be recovered from the municipal council by the Authority in the Magistrates' Court as a civil debt recoverable summarily. No. 5040 s. 47. S. 46 amended by Nos 10149 s. 21(1)(f)(i)(ii) (as amended by No. 10173 s. 4), 12/1989 s. 4(1)(Sch. 2 item 17.28), 2/1995 s. 13(h). 46 Failure by public authority etc. to observe provisions of this Act Where the Authority upon the report of the Chief Officer or other officer exercising the powers of the Chief Officer is satisfied that the powers and duties conferred and imposed by this Division upon any administrative unit or public authority or upon any officer thereof or upon any municipal council are not being properly and efficiently carried out on and in relation to any land vested in or under the management or control of such administrative unit public authority or municipal council or on and in relation to any road the maintenance of which is charged upon such administrative unit public authority or municipal council, the Authority shall report thereon to the Governor in Council, and thereupon the Governor in Council may take such action in the matter as he thinks fit.
non-council land means land (including Crown land) that is not council land; place means land or premises. Division 2—Duty to warn community S. 50B inserted by No. 73/2009 s. 3, substituted by No. 73/2010 s. 44. 50B Duty to warn the community (1) The Chief Officer must issue warnings and provide information in relation to fires in the country area of Victoria if— S. 50B(1)(a) repealed by No. 73/2013 s. 81(b). * * * * * (b) the Chief Officer considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property. S. 50B(2) amended by No. 73/2013 s. 81(c). (2) The Chief Officer must have regard to any guidelines, procedures or operating protocols issued by the Emergency Management Commissioner under section 44 of the Emergency Management Act 2013 for the purposes of carrying out a duty under subsection (1). S. 50C inserted by No. 73/2009 s. 3, repealed by No. 73/2010 s. 45. * * * * * S. 50D inserted by No. 73/2009 s. 3, repealed by No. 73/2010 s. 46. * * * * *
for the place to continue to be a designated neighbourhood safer place; or (b) the place is on non-council land and the occupier or the person in control of the land has withdrawn consent to the designation of the place as a neighbourhood safer place. S. 50K inserted by No. 73/2009 s. 3. 50K Municipal fire prevention officer to provide up to date list of designated places to Authority A municipal fire prevention officer must provide to the Authority by 30 September in each year an up to date list of all designated neighbourhood safer places and community fire refuges in the municipal district. S. 50L inserted by No. 73/2009 s. 3. 50L Authority to keep up to date list of all designated neighbourhood safer places (1) The Authority must keep an up to date list showing the location of all designated neighbourhood safer places and community fire refuges in of which it is notified under section 50K. (2) The Authority must publish the list on its Internet site and provide a copy of the list— (a) to the Secretary; and (b) to the Chief Commissioner of Police; and (c) to the Chief Executive Officer of the State Emergency Service; and (d) to the Municipal Association of ; and (e) for the use of the Victorian Bushfire Information Line. Division 4—Liability in relation to designated neighbourhood safer places
S. 52(2B)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 8.5), 76/1998 s. 30(c). (b) the Secretary; S. 52(2B)(c) amended by No. 12/1989 s. 4(1)(Sch. 2 item 17.34). (c) the municipal councils whose municipal districts are wholly or partly within the region; and (d) each public statutory corporation specified pursuant to subsection (2A)— who shall, at any meeting of the committee from which the appropriate representative member or all appropriate representative members (as the case requires) is or are to be absent, act in the place of that member or those members (as the case requires). S. 52(2C) inserted by No. 10149 s. 15(1). (2C) Each deputy appointed under subsection (2B) shall be appointed only after being elected or nominated in the same manner as the representative member or members (as the case requires) in whose place the deputy is to act. (3) The chairman of each such committee shall be elected annually by the members thereof. S. 52(4) inserted by No. 11/1998 s. 5(2). (4) A regional fire prevention committee is deemed to be the same body despite any change to its membership arising from the amendment of this section by section 5(1) of the Fire and Emergency Services Acts (Amendment) Act 1998. No. 5191 s. 5. S. 53 amended by No. 10149 s. 21(1)(k) (as amended by No. 10173 s. 4). 53 Functions of committee The functions of a regional fire prevention committee shall be—
S. 53(a) amended by No. 7877 s. 14(a). (a) to submit to the appropriate authorities recommendations and plans for— (i) the burning or clearing of a coordinated system of major firebreaks for the protection of the region; and S. 53(a)(ii) amended by No. 10149 s. 14(a). (ii) the carrying out of works (including the burning or clearing of firebreaks) for the prevention of the outbreak or spread of fire from areas within or immediately adjacent to the region; S. 53(b) inserted by No. 7877 s. 14(c), amended by No. 50/1989 s. 19(b). (b) to co-ordinate fire prevention planning within the region; and S. 53(ba) inserted by No. 10149 s. 14(b). (ba) to consult on fire prevention planning with regional fire prevention committees in adjacent regions; S. 53(b) re-numbered as s. 53(c) by No. 7877 s. 14(b), amended by No. 10149 s. 21(1)(k) (as amended by No. 10173 s. 4). (c) to carry out such other functions as are conferred or imposed upon regional fire prevention committees by regulations made upon the recommendation of the Authority. Pt 4 Div. 3 (Heading) amended by No. 10149 s. 21(1)(l) (as amended by No. 10173 s. 4). Division 3—Municipal fire prevention committees No. 5191 s. 6. 54 Appointment of municipal fire prevention committees
(5) The nature, amount and limits of the compensation, the time at which and the period during which compensation is payable, the manner of payment or application of compensation, the circumstances in which payments of compensation are to cease to be reviewed or altered and all other matters relating to compensation are to be determined by the Authority or in such manner as the Authority directs and the Authority's determinations and directions are final and without appeal. S. 63(6) amended by No. 67/2013 s. 649(Sch. 9 item 7(3)). (6) In making any determination or giving any direction in relation to any matter referred to in subsection (5) the Authority must so far as practicable be guided by reference to the applicable provisions of the Workers Compensation Act 1958 (other than sections 11 to 26) or, as the case requires, of the Accident Compensation Act 1985 (other than sections 86, 87, 88, 89, 90 and 98) or the Workplace Injury Rehabilitation and Compensation Act 2013 (other than sections 50, 51, 59, 61 or 62) governing the corresponding matter under that Act. S. 63(7) amended by No. 67/2013 s. 649(Sch. 9 item 7(4)). (7) A person is not debarred from compensation in respect of personal injury caused to any casual fire-fighter or volunteer auxiliary worker by reason only that the casual fire-fighter or volunteer auxiliary worker was not at the relevant time a worker within the meaning of the Workers Compensation Act 1958 or within the meaning of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 (as the case requires). S. 63(8) amended by No. 67/2013 s. 649(Sch. 9 item 7(4)). (8) For the purpose of assessing compensation the average weekly earnings of a casual fire-fighter or volunteer auxiliary worker are to be computed by the Authority by reference to his or her
S. 74C inserted by No. 24/1997 s. 10. 74C Membership of Commission (1) The Commission consists of up to 3 Commissioners appointed by the Governor in Council. (2) One of the Commissioners is to be appointed as Senior Commissioner. S. 74D inserted by No. 24/1997 s. 10. 74D Term of appointment (1) Subject to this Act, a Commissioner holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment. (2) A Commissioner is eligible for reappointment. S. 74E inserted by No. 24/1997 s. 10, amended by Nos 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 5)), 5/2012 s. 44. 74E Remuneration and allowances A Commissioner (other than an employee of the public service) is entitled to receive— (a) remuneration; and (b) travelling or other allowances— as are fixed by the Governor in Council. S. 74F inserted by No. 24/1997 s. 10, amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 5)), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 46.5), 80/2006 s. 26(Sch. item 21.3). 74F Application of Public Administration Act 2004 The Public Administration Act 2004 (other than Part 3 of that Act) applies to a Commissioner in respect of the office of Commissioner. S. 74G inserted by No. 24/1997 s. 10. 74G Vacancies
No. 5040 s. 49. S. 75 amended by No. 6583 s. 9, substituted by No. 43/1987 s. 9(1)(a). 75 Annual estimate of expenditure and revenue S. 75(1) substituted by No. 58/2012 s. 96, amended by No. 43/2015 s. 31(1). (1) For the purposes of enabling the Minister administering the Fire Services Property Levy Act 2012 to determine the levy rate under that Act, the Authority must provide the Minister with an estimate of— (a) the expenditure which may be incurred by the Authority in the execution of this Act during the next financial year (including any amounts payable into any fund under this Act); and (b) the revenue of the Authority during the next financial year (including the amounts payable into any fund under this Act). S. 75(1A) inserted by No. 58/2012 s. 96. (1A) The Authority must provide the Minister with an estimate under subsection (1) by the date specified by the Minister. S. 75(2) amended by No. 43/2015 s. 31(2) (2) The Minister must determine the total amounts of contributions payable under section 76 having regard to the estimates under subsection (1) and to any other matters as the Minister thinks fit.
Nos 5040 s. 76, 5651 s. 7. S. 100 amended by Nos 7877 s. 18, 8257 s. 14, 8933 s. 6, 10004 s. 21, 50/1989 s. 7(a)(b), 39/1992 s. 14, 24/1997 s. 12(10), substituted by No. 73/2009 s. 6. 100 Role of Volunteer Fire Brigades Incorporated (1) The role of Volunteer Fire Brigades Victoria Incorporated in relation to this Act is to enable members of brigades (other than industry brigades) to consider and bring to the notice of the Authority all matters affecting their welfare and efficiency (other than questions of discipline and promotion). (2) A person is not eligible to become an officer or official of Volunteer Fire Brigades Victoria Incorporated unless he or she is a registered volunteer. (3) Subsection (2) does not apply to the chief executive officer, an executive officer or a member of staff of the Volunteer Fire Brigades Victoria Incorporated. (4) The regulations may provide for the payment by the Authority to members of Volunteer Fire Brigades Victoria Incorporated of personal and travelling expenses actually incurred in relation to their attendance at— (a) such meetings of the Volunteer Fire Brigades Victoria Incorporated as are approved by the Authority; or (b) meetings with the Authority. (5) The expenses paid must not exceed the limits fixed by the regulations. S. 100(6) amended by No. 20/2012 s. 226(Sch. 5 item 9). (6) This section applies despite anything to the contrary in the Associations Incorporation Reform Act 2012 or the rules or constitution of Volunteer Fire Brigades Victoria Incorporated.
S. 110(1)(da) inserted by No. 7877 s. 20(b). (da) for the payment of allowances for personal and travelling expenses incurred by persons who gratuitously provide services in connexion with schools or courses of instruction established by the Authority; S. 110(1)(e) amended by No. 2/1995 s. 13(d), substituted by No. 27/2001 s. 5(Sch. 3 item 1.3(a)). (e) for the provision, grant or payment of superannuation, allowances, pensions or gratuities to officers and employees of the Authority or their spouses, domestic partners, families, surviving spouses, surviving domestic partners or dependants on the resignation, retirement or death of those officers and employees; S. 110(1)(ea) inserted by No. 39/1992 s. 17(1)(a). (ea) for requiring officers and employees of the Authority and volunteer officers and members of the brigades to take medical and work related tests and to submit medical certificates; S. 110(1)(eb) inserted by No. 39/1992 s. 17(1)(a). (eb) for regulating the discipline and good conduct of officers and employees of the Authority and volunteer officers and members of brigades, including providing for suspension or removal or the imposing of a penalty; S. 110(1)(ec) inserted by No. 39/1992 s. 17(1)(a). (ec) for providing and regulating appeals by volunteer officers and members of brigades to an Appeal Panel constituted by the regulations; S. 110(1)(f) amended by No. 2/1995 s. 13(d). (f) for the payment of compensation to such officers and employees on their sickness incapacity injury or disablement;
S. 110(1)(g) amended by Nos 10004 s. 23(a), 10149 s. 20, substituted by No. 39/1992 s. 17(1)(b), amended by No. 27/2001 s. 5(Sch. 3 item 1.3(b)), substituted by No. 17/2003 s. 13(1). (g) for the establishment of a compensation scheme for persons who are— (i) volunteer officers; or S. 110(1)(g)(ii) amended by No. 5/2012 s. 58(1). (ii) members of a brigade, including an industry brigade; or (iii) not formally enrolled as members of a brigade but have applied for membership and are performing the duties performed by members of a brigade; S. 110(1)(ga) inserted by No. 17/2003 s. 13(1). (ga) for the payment of compensation to a person specified in paragraph (g) in the case of an incident causing— (i) personal injury to; or (ii) destruction, damage or loss of personal property owned by, or in the possession or control of— that person; S. 110(1)(gb) inserted by No. 17/2003 s. 13(1), amended by No. 29/2011 s. 3(Sch. 1 item 19). (gb) for the payment of compensation to the spouse, domestic partner, family and dependants of a person specified in paragraph (g) in the case of an incident causing the death of that person;
S. 110(1)(lb) inserted by No. 39/1992 s. 17(1)(c). (lb) for prescribing the management and administration and financial management of brigades and groups of brigades; S. 110(1)(lc) inserted by No. 39/1992 s. 17(1)(c). (lc) for providing for the winding up of brigades or groups of brigades; S. 110(1)(m) amended by No. 6583 s. 5(m)(i), substituted by No. 39/1992 s. 17(1)(d). (m) for ensuring the speedy attendance of members of brigades and groups of brigades with all necessary apparatus on the occasion of any alarm of fire and generally for the maintenance of brigades and groups of brigades in a due state of efficiency; S. 110(1)(n) amended by Nos 6583 s. 5(m)(i), 24/1997 s. 11(3). (n) for the registration of all permanent and volunteer brigades and industry brigades and groups of brigades and the enrolment of their members, and for the election of the officers of volunteer brigades and groups of brigades and also for prescribing the various apparatus for the prevention or suppression of fire and the saving of life and property at fires to be kept and maintained by all such brigades and groups of brigades; S. 110(1)(na) inserted by No. 24/1997 s. 11(4). (na) for specifying the criteria for and the method of designation of areas for the formation of industry brigades; S. 110(1)(nb) inserted by No. 24/1997 s. 11(4). (nb) for specifying the criteria for determining when an industry brigade should be formed; S. 110(1)(nc) inserted by No. 24/1997 s. 11(4). (nc) for providing for the responsibilities and performance of industry brigades and the training and monitoring of industry brigades; S. 110(1)(nd) inserted by No. 24/1997 s. 11(4). (nd) for providing the procedures for the cancellation of an industry brigade and for the responsibilities of relevant owners on that cancellation;
S. 110(2AA) inserted by No. 39/1992 s. 17(2), amended by No. 78/2010 s. 24(Sch. 1 item 8). (2AA) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of the Parliament. S. 110(2A) inserted by No. 10004 s. 23(b). (2A) A regulation made under this section may incorporate or adopt by reference in whole or in part and with or without modifications any standard formulated by the Standards Association of Australia. S. 110(2B) inserted by No. 10004 s. 23(b), repealed by No. 2/1995 s. 13(n). * * * * * S. 110(3) repealed by No. 6886 s. 3, new s. 110(3), inserted by No. 7885 s. 15, repealed by No. 58/2012 s. 101(1). * * * * * S. 110(4) inserted by No. 9629 s. 11(2), repealed by No. 17/2003 s. 13(2). * * * * * S. 110(5) inserted by No. 24/1997 s. 12(11). (5) In paragraphs (ca), (ea), (eb), (ec), (f) and (g) of subsection (1) brigade does not include an industry brigade. S. 110(6) inserted by No. 17/2003 s. 13(3). (6) The Country Fire Authority Regulations 1992, Statutory Rule No. 180/1992, are deemed to have been made under this section as amended by sections 13(1) and 13(2) of the Country Fire
Assent Date: 6.10.64 Commencement Date: 6.10.64 : All of Act in operation Country Fire Authority Act 1965, No. 7261/1965 Assent Date: 18.5.65 Commencement Date: 1.9.65: Government Gazette 25.8.65 p. 2635 : All of Act in operation Country Fire Authority (Service of Notices) Act 1965, No. 7318/1965 Assent Date: 7.12.65 Commencement Date: 7.12.65 : All of Act in operation Country Fire Authority (Borrowing Powers) Act 1966, No. 7383/1966 Assent Date: 3.5.66 Commencement Date: 3.5.66 : All of Act in operation Country Fire Authority (Interstate Fire Brigades) Act 1966, No. 7386/1966 Assent Date: 3.5.66 Commencement Date: 3.5.66 : All of Act in operation Country Fire Authority (Fire Prevention) Act 1966, No. 7476/1966 Assent Date: 6.12.66 Commencement Date: 6.12.66 : All of Act in operation Country Fire Authority (Prosecutions) Act 1967, No. 7516/1967 Assent Date: 7.3.67 Commencement Date: 7.3.67 : All of Act in operation Country Fire Authority (Notices) Act 1967, No. 7606/1967 Assent Date: 5.12.67 Commencement Date: 5.12.67 : All of Act in operation Fire Authorities (Borrowing Powers) Act 1969, No. 7864/1969 Assent Date: 28.10.69 Commencement Date: 28.10.69 : All of Act in operation Justices (Amendment) Act 1969, No. 7876/1969 Assent Date: 25.11.69 Commencement Date: 1.4.70 (except for ss 3, 5, 6 and 7(k)(m)(n)(o)); ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Country Fire Authority (Amendment) Act 1969, No. 7877/1969
Assent Date: 1.5.12 Commencement Date: S. 226(Sch. 5 item 9) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 : This information relates only to the provision/s amending the Country Fire Authority Act 1958 Police and Emergency Management Legislation Amendment Act 2012, No. 35/2012 Assent Date: 13.6.12 Commencement Date: S. 7 on 14.6.12: s. 2(3) : This information relates only to the provision/s amending the Country Fire Authority Act 1958 Fire Services Property Levy Act 2012, No. 58/2012 Assent Date: 16.10.12 Commencement Date: Ss 96, 98, 99 on 17.10.12: s. 2(1); s. 97(3) on 31.12.12: s. 2(2); ss 95, 97(1)(2), 102 on 1.7.13: s. 2(3); ss 94, 100, 101(1) on 1.7.14: s. 2(5); s. 101(2) on 1.7.15: s. 2(7) Current State: This information relates only to the provision/s amending the Country Fire Authority Act 1958 Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 7) on 1.7.14: s. 2(1) : This information relates only to the provision/s amending the Country Fire Authority Act 1958 Emergency Management Act 2013, No. 73/2013 Assent Date: 3.12.13 Commencement Date: Ss 79–81 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 : This information relates only to the provision/s amending the Country Fire Authority Act 1958 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 25) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 : This information relates only to the provision/s amending the Country Fire Authority Act 1958 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014