Version No. 025
Metropolitan Fire Brigades (General) Regulations 1994
S.R. No. 174/1994
Version incorporating amendments as at 1 June 2005
table of provisions
RegulationPage
1
RegulationPage
PART 1—PRELIMINARY
1.Objective
2.Authorising provision
3.Revoked
4.Definitions
PART 2—THE BOARD
Divisions 1, 2—Revoked
5–17.Revoked
Division 3—Miscellaneous
18.Revoked
19.Insignia of the Board
19A.Registration of units
20.Service for the purpose of long service leave
PART 3—MANAGEMENT OF EMPLOYEES OF THE BOARD
Division 1—Appointment
21.Appointments by Board
Division 2—Restrictions on other employment
22.Members of operational staff not to hold other employment
Division 3—Fitness for duty
23.Fitness for duty
Division 4—Promotion
24.Conditions of promotion
Division 5—Discipline
25.General orders
26.Prohibitions on members
27.Charges for offences
Division 6—Metropolitan Fire and Emergency Services Appeals Commission
28.Registrar
29.Appeals
30.Register to be kept
31–60.Revoked
PART 4—FEES AND CHARGES FOR BOARD SERVICES
61.Revoked
62.Emergency attendances
63.Additional costs of hazardous materials and toxic fire incidents
64.Revoked
65.Property protection or loss mitigation service
66.Road accident rescue service
67.Revoked16
PART 5—FIRE PREVENTION
68.Fire prevention notices
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SCHEDULES
SCHEDULE 1—Insignia of the Metropolitan Fire and Emergency Services Board
SCHEDULE 2—Revoked
SCHEDULE 3—Fees and Charges for Board Services
SCHEDULE 4—Fire prevention notice
SCHEDULE 5—Notice to owners or occupiers of land
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endNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 025
Metropolitan Fire Brigades (General) Regulations 1994
S.R. No. 174/1994
Version incorporating amendments as at 1 June 2005
1
Metropolitan Fire Brigades (General) Regulations 1994
S.R. No. 174/1994
Part 1—Preliminary
Reg. 1 substituted by S.R. No. 84/1997 reg. 5.
1.Objective
The objective of these Regulations is to provide for—
(a)the management of employees of the Board; and
(b)the operation and administration of the Metropolitan Fire and Emergency Services Appeals Commission; and
(c)fees and charges levied by the Board; and
(d)other matters authorised by the Act to be prescribed by regulation.
2.Authorising provision
These Regulations are made under section 34 of the Metropolitan Fire Brigades Act 1958.
Reg. 3 revoked by S.R. No. 84/1997 reg. 6.
*****
4.Definitions
In these Regulations—
"Act" means the Metropolitan Fire Brigades Act 1958;
Reg. 4 def. of "alarm interface unit" revoked by S.R. No. 84/1997
reg. 7(a).
*****
Reg. 4 def. of "appliance" substituted by S.R. No. 84/1997
reg. 7(b).
"appliance" means any firefighting or emergency response vehicle—
(a)which is used by operational staff members; and
(b)which has a gross weight exceeding three tonnes;
Reg. 4 def. of "Brigade Order Book" inserted by S.R. No. 106/1995
reg. 4(a), revoked by S.R. No. 84/1997
reg. 7(a).
*****
Reg. 4 def. of "Commiss-ion"
inserted by S.R. No. 84/1997
reg. 7(c).
"Commission" means the Metropolitan Fire and Emergency Services Appeals Commission;
r. 4
Reg. 4 defs of "firefighter", fire fighting officer" revoked by S.R. No. 84/1997
reg. 7(a).
*****
Reg. 4 def. of "general order" inserted by S.R. No. 84/1997
reg. 7(c).
"general order" means a general order issued under regulation 25;
Reg. 4 def. of "member of the Brigade" revoked by S.R. No. 84/1997
reg. 7(a).
*****
Reg. 4 def. of "official book" inserted by S.R. No. 106/1995 reg.4(b), revoked by S.R. No. 84/1997
reg. 7(a).
*****
Reg. 4 def. of "part paid firefighter" revoked by S.R. No. 84/1997
reg. 7(a).
*****
r. 4
"record" means any record, whether in writing, on computer, audio tape or disc, video tape or disc, or any other medium whether physical or electronic;
Reg. 4 def. of "volunteer officer or member" revoked by S.R. No. 84/1997
reg. 7(a).
*****
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Part 2—The Board
Pt 2 Div. 1 (Heading and regs 5–13) revoked by S.R. No. 84/1997 reg. 8.
*****
Pt 2 Div. 2 (Heading and regs 14–17) revoked by S.R. No. 84/1997 reg. 8.
*****
Division 3—Miscellaneous
Reg. 18 revoked by S.R. No. 84/1997 reg. 9.
*****
19.Insignia of the Board
r. 19
(1)The insignia appearing in the First Schedule are prescribed insignia for the purposes of section 75A(d) of the Act.
Reg. 19(2) substituted by S.R. Nos 106/1995
reg. 5, 84/1997 reg. 10.
(2)With the consent of the Board, the insignia may be used—
(a)on clothing worn by the Chief Officer, operational staff or by any other person acting in the lawful execution of a power conferred by the Act or these Regulations; and
(b)on any other property whatever used for the purposes of the Act or these Regulations.
Reg. 19A inserted by S.R. No. 84/1997
reg. 11.
19A.Registration of units
r. 19A
(1)The Board must maintain a current Register of all units and operational staff.
(2)A copy of the Register referred to in sub-regulation (1) must be kept and be accessible at each place at which an operational staff member may be based.
20.Service for the purpose of long service leave
(1)For the purposes of section 80(1)(b) of the Act—
(a)a prescribed office is any office in the public sector of Victoria and any office held during any period of service referred to in the Schedule to the Public Sector Management Regulations 1993[1]; and
(b)the relevant extent of any service is so much of the service that is continuous with service as an officer or employee of the Board and in respect of which long service leave or pay in lieu of the service has not been granted and includes any period of war service in the armed forces of the Commonwealth of Australia which ended not more than 12months before commencement of any other service or employment which under this regulation entitles the officer or employee to long service leave.
(2)For the purposes of sub-regulation (1)(b), service in any office or employment prescribed in sub-regulation (1)(a) is deemed continuous with service as an officer or employee of the Board if service as an officer or employee of the Board commences not more than 4 weeks (or such longer period as the Board having regard to any special circumstances relating to any officer or employee may determine) from termination of the service prescribed in sub-regulation (1)(a) but not otherwise.
(3)For the purposes of this Regulation "public sector" has the same meaning as in the Public Sector Management Act 1992.
r. 20
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Pt 3
(Heading and regs 21–60) amended by S.R. No. 106/1995 reg.6, substituted as Pt 3 (Headings and regs21–30) by S.R. No. 84/1997 reg.12.
Part 3—Management of Employees of the Board
Division 1—Appointment
Reg. 21 substituted by S.R. No. 84/1997 reg.12.
21.Appointments by Board
r. 21
(1)All applicants for appointment by the Board must provide the Board with any necessary authority for the Board to conduct a criminal record search and any other enquiries about the applicant relevant to the applicant's suitability for appointment.
(2)All applicants for appointment by the Board must satisfy a medical officer approved by the Board of the applicant's fitness for service in the role for which the application is made.
Division 2—Restrictions on other employment
Reg. 22 substituted by S.R. No. 84/1997 reg.12.
22.Members of operational staff not to hold other employment
Subject to section 78E(1) of the Act, operational staff who are employees of the Board must not at any time, including periods of annual leave, long service leave or sick leave, engage in any employment or business as an employee or principal other than his or her employment by the Board if that employment—
(a)affects the employee's ability to perform duties as an employee of the Board; or
(b)conflicts with the interests, objectives, policies or functions of the Board commercially or otherwise—
unless special permission of the Board is first obtained.
Division 3—Fitness for duty
Reg. 23 substituted by S.R. No. 84/1997 reg.12.
23.Fitness for duty
r. 23
Operational staff members must on the request of any senior operational staff member satisfy a medical officer approved by the Board that they are fit to discharge their duties.
Division 4—Promotion
Reg. 24 substituted by S.R. No. 84/1997 reg.12.
24.Conditions of promotion
(1)Promotion of operational staff must be made bythe Board and be on merit as defined in section79P(3) of the Act.
(2)All applicants for promotion must satisfy a medical officer approved by the Board of the applicant's fitness for service in the role for which application for promotion has been made.
(3)The Chief Officer must give not less than one month's notice of the intention to accept applications for promotion to all positions except senior positions.
(4)Every promotion of a member of the operational staff must be notified as soon as practicable to operational staff.
(5)Any promotion made by the Board which is subject to the jurisdiction of the Metropolitan Fire and Emergency Services Appeals Commission becomes effective only after all appeals in relation to that promotion have been heard and determined.
Division 5—Discipline
Reg. 25 substituted by S.R. No. 84/1997 reg.12.
25.General orders
r. 25
(1)The Chief Officer may issue to operational staff such general orders as may be desirable.
(2)An operational staff member must comply with a general order applying to him or her.
(3)The Board must keep a current General Order Book containing a signed copy of all general orders issued under sub-regulation (1).
(4)A copy of the General Order Book must be kept and be accessible at each place at which operational staff members are based.
Reg. 26 substituted by S.R. No. 84/1997 reg.12.
26.Prohibitions on members
An operational staff member must not—
(a)disobey or fail to carry out a general order or any lawful order given in the course of his or her duty whether the order is in writing or not; or
(b)exceed or misuse the member's authority; or
(c)wilfully cause or allow loss, damage or injury to occur to any person or property; or
(d)whilst on duty partake in or be under the influence of or affected by any intoxicating liquor, narcotic, hallucinogen, medication or substance which could or is likely to impair, limit or affect the member's performance of duty; or
(e)whilst on duty have any of the substances referred to in paragraph (d) in his or her possession or at the workplace; or
(f)act in a manner likely to bring discredit on the reputation of the Board or diminish public confidence in it; or
(g)be found guilty of having committed an indictable offence whilst on duty; or
(h)be found guilty of having committed an indictable offence under Division 2 of Part 1 of the Crimes Act 1958 whilst not on duty if the offence involved dishonesty or corruption or intent to deceive or defraud, or trespass.
Reg. 27 substituted by S.R. No. 84/1997
reg. 12.
27.Charges for offences
r. 27
(1)If an operational staff member is charged with an offence under section 78A of the Act, the member must be given 7 days' notice in writing of the particulars of the charge and the time and place of the hearing of that charge under section 78C of the Act.
(2)The Chief Executive Officer must cause an operational staff member charged with an offence to be given notice in writing of the decision made at the hearing of the charge.
(3)A notice under this regulation may be given personally or may be served by post on the member at the member's last known place of residence.
Division 6—Metropolitan Fire and Emergency Services Appeals Commission
Reg. 28 substituted by S.R. No. 84/1997
reg. 12.
28.Registrar
r. 28
(1)The Minister may appoint a Registrar of the Commission.
(2)The Registrar must keep a record of all proceedings and decisions of the Commission.
Reg. 29 substituted by S.R. No. 84/1997
reg. 12.
29.Appeals
(1)Notice of an appeal under section 79H of the Act must be given to the Registrar in writing not later than 14 days after the appellant is notified of the matter appealed against.
(2)The Commission may, on the application in writing of an operational staff member, extend the time for making an appeal where the Registrar has not received notice of an appeal in compliance with sub-regulation (1).
(3)A notice may be in the form of an ordinary letter.
(4)The notice must—
(a)clearly state the grounds of the appeal; and
(b)give full particulars of every ground on which the appellant relies.
(5)Copies of—
(a)correspondence or other documents (if any); and
(b)statements of fact—
relating to the subject matter of the appeal must be attached to the notice of appeal.
(6)The Registrar must forward to the Board a copy of the notice of appeal and copies of any documents or statements attached to the notice.
(7)The Registrar must refer the appeal to the Commission.
(8)The Senior Commissioner must advise the Registrar of the time and place of the hearing of the appeal.
(9)The Registrar must give the Board and the appellant not less than 14 days' notice of the time and place of the hearing of the appeal.
(10)Notice to the appellant under sub-regulation (9) may be served by post on the appellant at the appellant's last known place of residence or at the address for service specified in the appellant's notice of appeal.
Reg. 30 substituted by S.R. No. 84/1997
reg. 12.
30.Register to be kept
r. 30
(1)The Commission must keep a Register in which the particulars of each appeal and the Commission's determination are kept.
(2)Every entry in the Register must be signed by the Senior Commissioner or the Commissioner who heard the appeal.
(3)When the Commission determines an appeal it must cause a document recording its determination and signed by the Senior Commissioner or the Commissioner who heard the appeal to be delivered to the Board and to the appellant.
Regs 31–60 revoked by S.R. No. 84/1997
reg. 12.
*****
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Part 4—Fees and Charges for Board Services
Reg. 61 revoked by S.R. No. 84/1997
reg. 13.
*****
62.Emergency attendances
r. 62
(1)The following persons are liable to pay to the Board fees and charges—
Reg. 62(1)(a) amended by S.R. No. 84/1997 reg.14(1)(2).
(a)the owner or occupier of property on which an automatic fire alarm system is installed for the attendance of a unit in response to a false alarm of fire given by that system for which the Board, after considering a report of a member of the operational staff relating to the false alarm, determines that the owner or occupier of the property does not have a reasonable excuse under section 32D of the Act;
Reg. 62(1)(b) amended by S.R. No. 84/1997 reg.14(2).
(b)the owner or master of a vessel for the attendance of a unit in response to a fire on the vessel;
Reg. 62(1)(c) amended by S.R. No. 84/1997 reg.14(2).
(c)in respect of an attendance of a unit in response to a hazardous materials incident or toxic fire incident—
(i)the owner or occupier of premises at which the incident occurred; or
(ii)if the incident occurred on a street, road or highway (however described), the owner or driver of the vehicle transporting the materials involved in the incident; and
Reg. 62(1)(d) amended by S.R. No. 84/1997 reg.14(2).
(d)in respect of an attendance of a unit in special circumstances requiring the protection of life or property in case of fire, the person requiring the attendance or owner or occupier as the case may be.
(2)The fees and charges to be paid to the Board are set out in item 1 of the Third Schedule and shall be payable for each appliance in attendance for each quarter of an hour (or part thereof) during which the appliance is absent from its station.
(3)For the purposes of section 12 of the Summary Offences Act 1966, the amount of a brigades' expenses and charges is the relevant fee referred to in sub-regulation (2) and as set out in item 1 of the Third Schedule.
63.Additional costs of hazardous materials and toxic fire incidents
r. 63
Reg. 63(1) amended by S.R. No. 84/1997 reg.15(1).
(1)A person who is liable to pay a fee under regulation 62(1)(c) for the attendance of a unit in response to a hazardous materials incident or toxic fire incident is, in addition to the fees and charges required under that regulation, liable to pay to the Board the additional costs incurred by the Board calculated in accordance with sub-regulation (2).
(2)Additional costs of attending a hazardous materials incident or toxic fire incident are the costs incurred by the Board in attending or dealing with the effects of attending the incident and are—
(a)the cost of obtaining advice as to the chemical analysis and environmental impact of materials involved in the incident or its containment;
(b)the cost of testing, cleaning, maintaining, repairing or replacing protective equipment;
(c)the cost of products purchased for or consumed in neutralising the hazard involved in the incident;
(d)the cost of hiring equipment and vehicles to deal with the hazard involved in the incident; and
Reg. 63(2)(e) amended by S.R. No. 84/1997 reg.15(2).
(e)the cost of medical and like expenses in treating members of the operational staff injured in attending the incident.
Reg. 64 revoked by S.R. No. 84/1997 reg.16.
*****
Reg. 65 substituted by S.R. No. 84/1997 reg.17.
65.Property protection or loss mitigation service
r. 65
Subject to any direction of the Minister under section 8 of the Act, the charges fixed by the Board from time to time under section 55C of the Act may be such charges as the Board thinks fit.
66.Road accident rescue service
(1)In respect of road accident rescue services provided to people entitled to compensation under section 60(1)(a) of the Transport Accident Act 1986, the Board may charge the Transport Accident Commission the fees agreed with the Commission.
(2)In respect of road accident rescue services provided to people entitled to compensation under section 99(1)(a) of the Accident Compensation Act 1985, the Board may charge the person or body responsible for payment of compensation under that section, the fees agreed with that person or body.
(3)The fees agreed to under sub-regulations (1) and (2) must take into account all relevant facts including—
(a)the relevant portion of the purchase or replacement cost of vehicles, equipment and protective clothing used to provide the services and other items used for the services;
(b)the operating costs of providing the services, including maintenance costs and the cost of employing staff to operate the services;
r. 66
(c)the organisational costs, including the cost of training people to provide the services, the co-ordination of the services, the welfare of people providing the services and the corporate support costs incurred in providing the services and any other costs incurred in providing the services.
Reg. 67 revoked by S.R. No. 84/1997
reg.18.
*****
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Pt 5
(Heading and reg.68) inserted by S.R. No. 106/1995
reg.7.
Part 5—Fire Prevention
Reg. 68 inserted by S.R. No. 106/1995
reg.7.
68.Fire prevention notices
r. 68
(1)For the purpose of section 87(3) of the Act, a fire prevention notice must be in the form of the Fourth Schedule.
(2)For the purpose of section 88(3)(b) of the Act, the notice to be published in the relevant newspaper must be in the form of the Fifth Schedule.
(3)For the purpose of section 88(3)(b) of the Act, the prescribed particulars are—
(a)the substance of the steps to be taken to remove or minimise the threat of fire which are contained in the fire prevention notice; and
(b)the date by which the owner or occupier must comply with the fire prevention notice; and
(c)the address of the property or properties the subject of the fire prevention notice; and
(d)the name and position of the person who is publishing the notice.
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SCHEDULES
(Regulation 19)
Sch. 1 substituted by S.R. No. 84/1997 reg.19.
FIRST SCHEDULE
Sch. 1
Metropolitan Fire Brigades Act 1958
Metropolitan Fire Brigades (General) Regulations 1994