{"id":"fire-rescue-victoria-act-1958","name":"Fire Rescue Victoria Act 1958","slug":"fire-rescue-victoria-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174187,"registerId":"vic-fire-rescue-victoria-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"6","sectionType":"section","heading":"Fire Rescue Victoria 27","content":"6 Fire Rescue Victoria 27\n\n","sortOrder":0},{"sectionNumber":"7","sectionType":"section","heading":"Functions of Fire Rescue Victoria 28","content":"7 Functions of Fire Rescue Victoria 28\n\n7AA Duty to assist in major emergency 30\n\n","sortOrder":1},{"sectionNumber":"7A","sectionType":"section","heading":"Objective 31","content":"7A Objective 31\n\n7AB Emergency Management Victoria 32\n\n7AC Compliance with operational standards of Emergency Management Commissioner 32\n\n7AD Report on compliance with operational standards developed by the Emergency Management Commissioner 32\n\n7AE Strategic Action Plan 32\n\n7B Compliance with incident management operating procedures 33\n\n7C Fire Rescue Commissioner and Deputy Fire Rescue Commissioners 33\n\n8 Accountability of Fire Rescue Victoria and the Fire Rescue Commissioner 34\n\n9 Appointment of Fire Rescue Commissioner 36\n\n9A Deputy Fire Rescue Commissioners 37\n\n9B Ceasing to hold office 38\n\n9C Resignation 38\n\n9D Removal from office 39\n\n9E Suspension from office 39\n\n9F Acting Fire Rescue Commissioner 40\n\n9G Acting Deputy Fire Rescue Commissioner 41\n\n12 Application of Public Administration Act 2004 44\n\n16 Decisions not affected by certain matters 46\n\n17 Immunity of Fire Rescue Commissioner 47\n\n21 Conflicts of interest 48\n\n*General powers and duties of Fire Rescue Victoria* 49\n\n24 Power to purchase and sell property 49\n\n24A Power to acquire land 50\n\n24B Power of delegation 50\n\n25A General powers of Fire Rescue Victoria 51\n\n25B Employees of Fire Rescue Victoria 53\n\n25C Secondment agreements 54\n\n26 Formation of units 57\n\n27 Copies of annual report and special report 58\n\n31A Delegation of powers by Fire Rescue Commissioner 60\n\n32 Powers of access 61\n\n32AA Duty to warn the community 61\n\n*Alarm of fire* 62\n\n32A Meaning of *alarm of fire* 62\n\n32B Action on alarm of fire 62\n\n32C Destruction of building by Fire Rescue Victoria 65\n\n32D False alarm of fire 66\n\n33 False report of fire 69\n\n33A Strategic Advisory Committee 70\n\n33B Appointment of members of the Strategic Advisory Committee 70\n\n33C Strategic Advisory Committee is a public entity 71\n\n33D Resignation of members of the Strategic Advisory Committee 72\n\n33E Ceasing to hold office—removal 72\n\n33F Role of the Strategic Advisory Committee 72\n\n33G Strategic Advisory Committee terms of reference 73\n\n*Regulations* 73\n\n","sortOrder":2},{"sectionNumber":"34","sectionType":"section","heading":"Power to make regulations 73","content":"34 Power to make regulations 73\n\n*Financial* 80\n\n36 Annual estimate of expenditure and revenue 80\n\n37 Contributions towards annual expenditure 81\n\n46 Borrowing by Fire Rescue Victoria 86\n\n47 Power of Minister in case of default 87\n\n47A Guarantee of debentures of Fire Rescue Victoria 87\n\n51 Fire Rescue Victoria may establish funds 89\n\n51A Investment by Fire Rescue Victoria 89\n\n*General provisions* 89\n\n52 Units to be registered 89\n\n54 Damage to be covered by fire insurance 90\n\n54A Immunity from certain liabilities 91\n\n55A Fire Rescue Victoria may provide rescue and extrication services 92\n\n55B Fire Rescue Victoria may provide road accident rescue services 92\n\n55C Fire Rescue Victoria may provide protection services 92\n\n55D Fire Rescue Victoria may provide emergency prevention and response services 93\n\n55E Activities outside Fire Rescue Victoria fire district 93\n\n56 Extension and application of Act 95\n\n58 Removal of persons from burning premises 95\n\n59 Rights to water 96\n\n60 Collection of contributions for units 96\n\n61 Police to aid Units 97\n\n64 Regulation of height of buildings 98\n\n66A Recovery of charges for services 99\n\n71 Place where fire occurs 101\n\n71A Restriction of access to fire area 102\n\n72 Fire Rescue Victoria or unit may carry out fire prevention work 103\n\n72A Interstate fire brigades and international fire brigades 104\n\n75 Documents signed by Fire Rescue Commissioner to be evidence 105\n\n75A Offences relating to impersonation 106\n\n75B Damage or interference with fire indicator panel or other apparatus 106\n\n75C Obstruction of officers and damage to apparatus 107\n\n76A Evidence of ownership or occupancy 109\n\n77 Recovery and application of penalties 110\n\n78 Alarm monitoring service to provide prescribed information 111\n\n*Discipline* 112\n\n78A Offences by officers or members 112\n\n78B Laying of charges 112\n\n78C Hearing of charges 113\n\n78D Decision of Fire Rescue Commissioner 113\n\n78E Pay while suspended 114\n\n*Fire Rescue Victoria Appeals Commission* 115\n\n79 Fire Rescue Victoria Appeals Commission 115\n\n79A Function of the Commission 115\n\n79B Membership of Commission 115\n\n79C Term of appointment 115\n\n79D Remuneration and allowances 116\n\n79E Application of Public Administration Act 2004 116\n\n79F Vacancies 116\n\n79G Annual report of the Commission 117\n\n*Appeals* 117\n\n79H Rights of appeal 117\n\n79I Certain appeals to be by way of rehearing 118\n\n79J Proceedings of the Commission 118\n\n79K Assistants in proceedings 118\n\n79L Procedure on appeal 119\n\n79M Commission powers on appeal 119\n\n79N Costs 120\n\n79O Appeals against transfer 120\n\n79P Promotion appeals 120\n\n79Q Determination of Commission 121\n\n79R Fire Rescue Victoria to give effect to determination 121\n\n79S Evidence of determination 122\n\n*Long service leave* 122\n\n80 Definition 122\n\n81 Entitlement to long service leave 123\n\n81A Payment in lieu of long service leave 125\n\n82 Leave not to affect Fire Rescue Victoria's activities 126\n\n84 Provision in case of death before or during long service leave 126\n\n*Fire prevention notices* 127\n\n87 Fire prevention notices 127\n\n88 Service of notices 128\n\n89 Objection to notices 130\n\n90 Appeal against notices 131\n\n91 Compliance with notices 132\n\n92 Fire prevention infringement notices 132\n\n93 Issue of notices 134\n\n94 Supreme Court—limitation of jurisdiction 135\n\n*Provisions relating to causing fires and other matters* 135\n\n94A Causing fire in the Fire Rescue Victoria fire district in extreme conditions of weather etc. an offence 135\n\n94B Causing fire in the Fire Rescue Victoria fire district with intent to cause damage etc. 136\n\n94C Direction not to light fire 137\n\n94D Power of Fire Rescue Victoria to close roads 137\n\n94E Power to direct extinguishment of fire 138\n\n94F Power to arrest 139\n\n*Transitional provisions* 140\n\n95 Superseded references 140\n\n96 Metropolitan Fire Brigades Board 141\n\n97 Chief Fire Officer 141\n\n98 Transitional—appeals 142\n\n*Transitional provisions relating to the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019* 142\n\n98A Definitions 142\n\n99 Fire Rescue Victoria 144\n\n100 Fire Rescue Commissioner 145\n\n101 Transfer of staff 145\n\n102 Transfer of Country Fire Authority staff 147\n\n103 Transfer of other Country Fire Authority staff 149\n\n104 Superseded references 150\n\n105 Minister may direct Country Fire Authority to give an allocation statement 151\n\n105A Minister may direct Country Fire Authority to give an allocation statement in respect of other Country Fire Authority staff 153\n\n106 Property, rights, liabilities and obligations allocated in accordance with allocation statement 155\n\n107 Allocation subject to encumbrances 155\n\n108 Substitution of party to agreement 155\n\n109 Country Fire Authority instruments 156\n\n110 Proceedings 156\n\n111 Interests in land 157\n\n112 Easements 157\n\n113 Action by Registrar of Titles 157\n\n114 Taxes 158\n\n115 Evidence 158\n\n116 Validity of things done under the transitional provisions 158\n\n117 Transitional provision relating to insignias 159\n\n118 Transitional provision relating to Metropolitan Fire and Emergency Services Appeals Commission 160\n\n120 Renaming of Act—Savings provision 160\n\n*Fire Services Implementation Monitor* 161\n\n121 Definitions 161\n\n122 Establishment 163\n\n123 Appointment 163\n\n124 Remuneration and allowances 163\n\n125 Terms and conditions 164\n\n126 Acting appointment 164\n\n127 When Monitor ceases to hold office 165\n\n128 Suspension and removal 165\n\n129 Independence of the Monitor 166\n\n130 Preparation, tabling and publication of Implementation Plan 166\n\n131 Functions of the Monitor 169\n\n132 Powers of the Monitor 170\n\n133 Performance of functions of the Monitor 170\n\n134 Power to require information to be given 171\n\n135 Power of entry and inspection 172\n\n136 Duty to cooperate 173\n\n137 Constraints on access to information not to apply 173\n\n138 Use and disclosure of information 174\n\n139 Secretary may provide assistance 174\n\n140 Fire Rescue Victoria and the Country Fire Authority to prepare outcomes frameworks and quarterly updates 175\n\n141 Quarterly report to be prepared by the Monitor about updates 176\n\n142 Reports prepared by the Monitor 176\n\n143 Review of this Part 177\n\n144 Regulations 178\n\n145 Repeal of sections 121 to 144 178\n\n146 Transitional provision 178\n\n*Firefighters Registration Board* 179\n\n147 Definitions 179\n\n148 Firefighters Registration Scheme 180\n\n149 Establishment of Firefighters Registration Board 181\n\n150 Appointment of members of the Firefighters Registration Board 181\n\n151 When member ceases to hold office 182\n\n152 Removal from office 183\n\n153 Independence of the Firefighters Registration Board 183\n\n154 Functions of the Firefighters Registration Board 183\n\n155 Validity of acts 185\n\n156 Powers of Firefighters Registration Board 185\n\n157 Use and disclosure of information 185\n\n158 Reports prepared by the Firefighters Registration Board 186\n\n159 Regulations 187\n\nSchedules 190\n\n","sortOrder":3},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"191","content":"Schedule 2 191\n\n","sortOrder":4},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"192","content":"Schedule 3 192\n\nEndnotes 203\n\n1 General information 203\n\n2 Table of Amendments 205\n\n3 Explanatory details 217\n\n**Version No.** **132**\n\n**Fire Rescue Victoria Act 1958**\n\n**No. 6315 of 1958**\n\nVersion incorporating amendments as at  \n\nAn Act to consolidate the Law relating to the Protection of Life and Property from Fire in the Metropolitan Fire District.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nS. 1 amended by No. 20/2019 s. 23(2).\n\n","sortOrder":5},{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"\t1 Short title and commencement\n\nThis Act may be cited as the **Fire Rescue Victoria Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\nS. 2  \nrepealed by No. 2/1995 s. 22(f),  \nnew s. 2 inserted by No. 24/1997 s. 16.\n\n","sortOrder":6},{"sectionNumber":"2","sectionType":"section","heading":"Purposes","content":"\t2 Purposes\n\nThe main purposes of this Act are—\n\nS. 2(a) amended by Nos 5/2012 s. 59, 20/2019 s. 58.\n\n(a) to provide for fire safety, fire suppression and fire prevention services and emergency response services in the Fire Rescue Victoria fire district; and\n\nS. 2(b) amended by No. 20/2019 s. 24.\n\n(b) to establish Fire Rescue Victoria.\n\nS. 2A inserted by No. 20/2019 s. 25.\n\n","sortOrder":7},{"sectionNumber":"2A","sectionType":"section","heading":"Objectives relating to interaction between fire services agencies","content":"\t2A Objectives relating to interaction between fire services agencies\n\n(1) It is the intention of the Parliament that Fire Rescue Victoria and the Country Fire Authority establish processes that will ensure that they—\n\n(a) promote collaboration and coordination between fire services agencies to best meet the safety needs of the community; and\n\n(b) recognise the importance of maintaining capacity to respond to peaks in demand for fire services within fire services agencies; and\n\n(c) recognise and value the contribution of volunteer brigades; and\n\n(d) recognise that both volunteer firefighters and career firefighters are vital to delivering safe and sustainable fire services; and\n\n(e) maintain the ability of fire services agencies to respond to critical incidents, to prevent and suppress fires and to protect life and property.\n\n(2) In this section, the expressions ***career firefighter*** and ***volunteer firefighter*** have the same meanings as in the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019**.\n\nNos 3682 s. 3, 5040 s. 18, 5217 s. 2.\n\nS. 3  \namended by No. 8019 s. 2(a).\n\n","sortOrder":8},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act unless inconsistent with the context or subject-matter—\n\nS. 3(1) def. of *applicable work program* inserted by No. 73/2010 s. 53, amended by Nos 73/2013 s. 88(a), 20/2019 s. 26(3).\n\n***applicable work program*** means a work program (within the meaning of the **Emergency Management Act 2013**) that applies to Fire Rescue Victoria;\n\nS. 3(1) def. of *Australian Fire Brigades Charges Scheme* inserted by No. 51/2005 s. 67(1).\n\n***Australian Fire Brigades Charges Scheme*** means the Scheme in operation from 1 April 1982 providing the procedure for reimbursement of Fire Brigade Charges established by the 1982 Agreement between the \"Participating Underwriters\" and the \"Subscribing Brokers\" as defined in that Agreement;\n\nS. 3(1) def. of *Board* substituted by No. 24/1997  \ns. 17(1), repealed by No. 20/2019 s. 26(2).\n\nS. 3(1) def. of *brigade* repealed by No. 24/1997  \n\nS. 3(1) def. of *change in fire risk* inserted by No. 20/2019 s. 59(1).\n\n***change in fire risk***, in relation to the Fire Rescue Victoria fire district or the country area of Victoria, means the following—\n\n(a) a change in land use or development within the Fire Rescue Victoria fire district, or within the country area of Victoria, that may result in a material change to the risk of a fire occurring within the Fire Rescue Victoria fire district or the country area of Victoria;\n\n(b) a demographic change or a change in demand for the services of a fire services agency, within the Fire Rescue Victoria fire district or the country area of Victoria, that may result in a material change to the risk of a fire occurring within the Fire Rescue Victoria fire district or the country area of Victoria;\n\n(c) any other change in circumstances within the Fire Rescue Victoria fire district or the country area of Victoria that results or may result in a material change to the risk of a fire occurring within the Fire Rescue Victoria fire district or the country area of Victoria;\n\nS. 3(1) def. of *chief fire officer* amended by No. 7926 s. 5(c), substituted as *Chief Officer* by No. 24/1997  \ns. 17(3), repealed by No. 20/2019 s. 26(2).\n\nS. 3(1) def. of *country area of Victoria* inserted by No. 20/2019 s. 59(1).\n\n***country area of Victoria*** has the same meaning as in the **Country Fire Authority Act 1958**;\n\nS. 3(1) def. of *Country Fire Authority* inserted by No. 20/2019 s. 26(1).\n\n***Country Fire Authority*** means the Authority appointed under section 6(1) of the **Country Fire Authority Act 1958**;\n\nS. 3(1) def. of *Deputy Fire Rescue Commis-sioner* inserted by No. 20/2019 s. 26(1).\n\n***Deputy Fire Rescue Commissioner*** means a Deputy Fire Rescue Commissioner appointed under section 9A(1);\n\nS. 3(1) def. of *emergency* inserted by No. 24/1997  \ns. 17(4), substituted by No. 5/2012 s. 60(a), amended by No. 73/2013 s. 88(b).\n\n***emergency*** has the same meaning as in section 3 of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *Emergency Management Commis-sioner* inserted by No. 73/2013 s. 88(c).\n\n***Emergency Management Commissioner*** means the Emergency Management Commissioner within the meaning of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *emergency management sector* inserted by No. 20/2019 s. 59(1).\n\n***emergency management sector***  has the same meaning as in the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *Emergency Services Telecom-munications Authority*  \ninserted by No. 5/2012 s. 60(f), repealed by No. 32/2023 s. 100(b).\n\nS. 3(1) def. of *fire*  \ninserted by No. 50/1989 s. 44(1), amended by No. 5/2012 s. 60(b).\n\n***fire*** includes—\n\n(a) a hazardous material incident where the major or sole danger is the threat of fire up to the stage where there is no longer a threat of fire; and\n\n(b) a toxic fire incident up to the stage where the fire has been effectively extinguished; and\n\n(c) the threat of a fire re-igniting;\n\nS. 3(1) def. of *Fire District Review Panel* inserted by No. 20/2019 s. 59(1).\n\n***Fire District Review Panel*** means the panel established by section 4A;\n\nS. 3(1) def. of *fire prevention officer* inserted by No. 2/1995 s. 19(1).\n\n***fire prevention officer*** means a fire prevention officer appointed under section 5A;\n\nS. 3(1) def. of *Fire Rescue Commis-sioner* inserted by No. 20/2019 s. 26(1).\n\n***Fire Rescue Commissioner*** means the Fire Rescue Commissioner appointed under section 9(1);\n\nS. 3(1) def. of *Fire Rescue Victoria* inserted by No. 20/2019 s. 26(1).\n\n***Fire Rescue Victoria*** means the authority established by section 6;\n\nS. 3(1) def. of *Fire Rescue Victoria fire district* inserted by No. 20/2019 s. 59(1).\n\n***Fire Rescue Victoria fire district*** means the district specified in section 4(1);\n\nS. 3(1) def. of *fire services agency* inserted by No. 73/2010 s. 53, amended by No. 73/2013 s. 88(e).\n\n***fire services agency*** has the same meaning as in the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *Fire Services Commission-er* inserted by No. 73/2010 s. 53, repealed by No. 73/2013 s. 88(d).\n\nS. 3(1) def. of *fire services reform action plan* inserted by No. 73/2010 s. 53, repealed by No. 73/2013 s. 88(d).\n\nS. 3(1) def. of *incident management operating procedures* inserted by No. 73/2010 s. 53, substituted by No. 73/2013 s. 88(f).\n\n***incident management operating procedures*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *industrial body* inserted by No. 20/2019 s. 59(1).\n\n***industrial body*** means an organisation within the meaning of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;\n\nS. 3(1) def. of *Inspector-General for Emergency Management* inserted by No. 73/2013 s. 88(c).\n\n***Inspector-General for Emergency Management*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *insurance against fire* inserted by No. 7885 s. 3(a), repealed by No. 58/2012 s. 103.\n\nS. 3(1) def. of *insurance company* substituted by Nos 7885 s. 3(b), 5/1991 s. 4(1), amended by No. 51/2005 s. 67(2), repealed by No. 58/2012 s. 103.\n\nS. 3(1) def. of *insurance intermediary* inserted by No. 5/1991 s. 4(1), substituted by No. 9/2002 s. 3(Sch. item 11), amended by No. 51/2005 s. 67(3), repealed by No. 58/2012 s. 103.\n\nS. 3(1) def. of *international fire brigade* inserted by No. 5/2012 s. 60(f).\n\n***international fire brigade*** means—\n\n(a) a fire brigade or unit (however described); or\n\n(b) any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or\n\n(c) any other emergency services organisation—\n\nestablished outside Australia;\n\nS. 3(1) def. of *interstate fire brigade* inserted by No. 5/2012 s. 60(f).\n\n***interstate fire brigade*** means***—***\n\n(a) a fire brigade or unit (however described); or\n\n(b) any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or\n\n(c) any other emergency services organisation—\n\nestablished outside Victoria but within Australia;\n\nS. 3(1) def. of *Lloyd's* inserted by No. 51/2005 s. 67(1).\n\n***Lloyd's*** means the society of that name incorporated by the Act of the United Kingdom known as Lloyd's Act 1871;\n\nS. 3(1) def. of *Lloyd's underwriter* inserted by No. 51/2005 s. 67(1).\n\n***Lloyd's underwriter*** means an underwriting member of Lloyd's;\n\nS. 3(1) def. of *metropolitan district*  \nsubstituted by No. 5/2012 s. 60(c), repealed by No. 20/2019 s. 59(2).\n\nS. 3(1) def. of *municipal district* repealed by No. 12/1989 s. 4(1)(Sch. 2 item 79.1).\n\nS. 3(1) def. of *municipality* repealed by No. 12/1989 s. 4(1)(Sch. 2 item 79.2).\n\nS. 3(1) def. of *officer* or *employee* inserted by No. 7926 s. 2(a), amended by No. 2/1995 s. 22(a), repealed by No. 24/1997  \n\nS. 3(1) def. of *operational staff*  \ninserted by No. 24/1997 s. 17(4).\n\n***operational staff*** means all members of units;\n\nS. 3(1) def. of *owner* substituted by No. 5/2012 s. 60(d).\n\n***owner*** has the same meaning as it has in section 3(1) of the **Subdivision Act 1988**;\n\nS. 3(1) def. of *owners corporation*  \ninserted by No. 5/2012 s. 60(f).\n\n***owners corporation*** has the same meaning as it has in section 3 of the **Owners Corporations Act 2006**;\n\nS. 3(1) def. of *permanent fire brigade* repealed by No. 24/1997  \n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 113.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *private street* inserted by No. 2/1995 s. 19(1), amended by No. 12/2004 s. 163.\n\n***private street*** means a road, other than—\n\n(a) a freeway or an arterial road within the meaning of the **Road Management Act 2004**;\n\n(b) a road vested in a public authority;\n\n(c) a road that is under the care and management of a municipal council under section 205 of the **Local Government Act 1989**;\n\nS. 3(1) def. of *regulations* repealed by No. 10149 s. 25(a).\n\nS. 3(1) def. of *review of the Fire Rescue Victoria fire district* inserted by No. 20/2019 s. 59(1).\n\n***review of the Fire Rescue Victoria fire district*** means a review conducted under section 4G;\n\nS. 3(1) def. of *road* inserted by No. 2/1995 s. 19(1).\n\n***road*** has the meaning given in section 3 of the **Local Government Act 1989**;\n\nS. 3(1) def. of *Secretary* inserted by No. 20/2019 s. 26(1).\n\n***Secretary*** means the Secretary to the Department for which the Minister administering this Act is responsible;\n\nS. 3(1) def. of *senior operational staff*  \ninserted by No. 24/1997 s. 17(4), amended by No. 20/2019 s. 26(3).\n\n***senior operational staff*** means all employees of Fire Rescue Victoria employed in senior positions;\n\nS. 3(1) def. of *senior position* inserted by No. 24/1997  \ns. 17(4), amended by No. 20/2019 s. 26(3).\n\n***senior position*** means a position in a unit designated by Fire Rescue Victoria as a senior position;\n\nS. 3(1) def. of *State Crisis and Resilience Council* inserted by No. 73/2013 s. 88(c).\n\n***State Crisis and Resilience Council*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *Strategic Action Plan* inserted by No. 73/2013 s. 88(c).\n\n***Strategic Action Plan*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *Strategic Advisory Committee* inserted by No. 20/2019 s. 26(1).\n\n***Strategic Advisory Committee*** means the committee established by section 33A;\n\nS. 3(1) def. of *the 1982 Agreement* inserted by No. 51/2005 s. 67(1).\n\n***the 1982 Agreement*** means the Agreement establishing the Australian Fire Brigades Charges Scheme, a certified copy of which is lodged with the Minister under section 69A;\n\nS. 3(1) def. of *Triple Zero Victoria* inserted by No. 32/2023 s. 100(a).\n\n***Triple Zero Victoria***  has the same meaning as in the **Triple Zero Victoria Act 2023**;\n\nS. 3(1) def. of *unit*  \ns. 17(4), substituted by No. 5/2012 s. 60(e).\n\n***unit*** means a brigade or other fire or emergency service unit established under this Act;\n\nS. 3(1) def. of *volunteer fire brigade* repealed by No. 24/1997  \n\nS. 3(1) def. of *volunteer brigade* inserted by No. 20/2019 s. 26(1).\n\n***volunteer brigade*** has the same meaning as it has in the **Country Fire Authority Act 1958**;\n\n***year*** means year ending the thirtieth day of June.\n\nS. 3(2) inserted by No. 8019 s. 2(b), repealed by No. 24/1997  \ns. 17(5),  \nnew s. 3(2) inserted by No. 86/1998 s. 23(1), substituted by No. 59/2003 s. 122(1), repealed by No. 74/2006 s. 27(1).\n\nHeading preceding s. 4 substituted by No. 20/2019 s. 143(1)(a).\n\n*Fire Rescue Victoria fire district*\n\nS. 4 (Heading) inserted by No. 20/2019 s. 143(2)(a).\n\nNos 3682 s. 4, 5040 s. 18.\n\nS. 4  \namended by Nos 10043 s. 4(1).\n\n","sortOrder":9},{"sectionNumber":"4","sectionType":"section","heading":"Fire Rescue Victoria fire district","content":"\t4 Fire Rescue Victoria fire district\n\nS. 4(1) amended by No. 20/2019 s. 60(1).\n\n(1) For the proper and efficient carrying out of the provisions of this Act there is to be a Fire Rescue Victoria fire district consisting of the land specified in Schedule 2.\n\nS. 4(2) inserted by No. 10043 s. 4(2), substituted by No. 50/1989 s. 27(1), amended by No. 20/2019 s. 60(2).\n\n(2) The Fire Rescue Victoria fire district includes—\n\nS. 4(2)(a) substituted by No. 63/1997  \ns. 10(4)(Sch. item 3.1), amended by Nos 23/2003 s. 28(1)(a), 45/2010 s. 51(1).\n\n(a) the port of Melbourne within the meaning of the **Port Management Act 1995**; and\n\nS. 4(2)(aa) inserted by No. 82/1995 s. 206, repealed by No. 63/1997  \ns. 10(4)(Sch. item 3.1).\n\nS. 4(2)(ab) inserted by No. 63/1997  \ns. 10(4)(Sch. item 3.1), amended by No. 23/2003 s. 28(1)(b), repealed by No. 45/2010 s. 51(2).\n\n(b) any rivers or waterways—\n\nwhich are designated as being within the Fire Rescue Victoria fire district by the Governor in Council by proclamation published in the Government Gazette.\n\nS. 4(2A) inserted by No. 86/1998 s. 23(2), amended by No. 59/2003 s. 122(2), repealed by No. 74/2006 s. 27(2).\n\nS. 4(3) inserted by No. 50/1989 s. 27(1), repealed by No. 20/2019 s. 60(3).\n\nS. 4(4) inserted by No. 50/1989 s. 27(1), repealed by No. 20/2019 s. 60(3).\n\nS. 4(5) inserted by No. 50/1989 s. 27(1), repealed by No. 20/2019 s. 60(3).\n\nS. 4(6) inserted by No. 50/1989 s. 27(1), repealed by No. 20/2019 s. 60(3).\n\nS. 4A inserted by No. 20/2019 s. 61.\n\n","sortOrder":10},{"sectionNumber":"4A","sectionType":"section","heading":"Fire District Review Panel","content":"\t4A Fire District Review Panel\n\n(1) The Fire District Review Panel is established by this section.\n\n(2) The Fire District Review Panel consists of 3 members appointed under section 4C.\n\n(3) The Minister must appoint one of the members of the Fire District Review Panel to be the Chairperson of the Panel.\n\nS. 4B inserted by No. 20/2019 s. 61.\n\n","sortOrder":11},{"sectionNumber":"4B","sectionType":"section","heading":"Fire District Review Panel is a public entity","content":"\t4B Fire District Review Panel is a public entity\n\nThe Fire District Review Panel is a public entity for the purposes of the **Public Administration Act 2004**.\n\nS. 4C inserted by No. 20/2019 s. 61.\n\n","sortOrder":12},{"sectionNumber":"4C","sectionType":"section","heading":"Appointment of members of the Fire District Review Panel","content":"\t4C Appointment of members of the Fire District Review Panel\n\n(1) The members of the Fire District Review Panel are to be appointed by the Minister.\n\n(2) The Minister must not appoint a person as a member of the Fire District Review Panel unless the Minister is satisfied that—\n\n(a) the person has significant and substantial expertise and experience in fire response, fire management, emergency management or another relevant field; and\n\n(b) the person is able to make an informed and independent assessment of the matters to be considered by the Panel.\n\n(3) The Minister must not appoint a person as a member of the Fire District Review Panel if the person is—\n\n(a) an officer or employee of a fire services agency; or\n\n(b) an officer or employee of an industrial body that is responsible for an enterprise agreement that applies to a fire services agency; or\n\n(c) an officer or official of Volunteer Fire Brigades Victoria Incorporated.\n\n(4) A member of the Fire District Review Panel holds office for the period, not exceeding 5 years, specified in the member's instrument of appointment.\n\n(5) A member of the Fire District Review Panel is entitled to receive—\n\nspecified in the member's instrument of appointment.\n\n(6) A member of the Fire District Review Panel is eligible for reappointment.\n\n(7) A member of the Fire District Review Panel holds office on the terms and conditions specified in the member's instrument of appointment.\n\n(8) A member of the Fire District Review Panel who is a public sector employee within the meaning of the **Public Administration Act 2004** is not entitled to remuneration in respect of the member's appointment.\n\n(9) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of the Fire District Review Panel in respect of the office of member.\n\nS. 4D inserted by No. 20/2019 s. 61.\n\n","sortOrder":13},{"sectionNumber":"4D","sectionType":"section","heading":"Resignation of members of the Fire District Review Panel","content":"\t4D Resignation of members of the Fire District Review Panel\n\n(1) A member of the Fire District Review Panel may resign from membership by signed letter delivered to the Minister.\n\n(a) on the day the letter is received by the Minister; or\n\nS. 4E inserted by No. 20/2019 s. 61.\n\n","sortOrder":14},{"sectionNumber":"4E","sectionType":"section","heading":"Ceasing to hold office—removal","content":"\t4E Ceasing to hold office—removal\n\nA member of the Fire District Review Panel may be removed from office by the Minister at any time and for any reason.\n\nS. 4F inserted by No. 20/2019 s. 61.\n\n","sortOrder":15},{"sectionNumber":"4F","sectionType":"section","heading":"Role of the Fire District Review Panel","content":"\t4F Role of the Fire District Review Panel\n\nThe role of the Fire District Review Panel is to provide independent and informed advice to the Minister on the following matters—\n\n(a) whether it is necessary or desirable for the Fire Rescue Victoria fire district to be changed;\n\n(b) whether a change in fire risk, or something that may result in a change in fire risk, may warrant a review of the Fire Rescue Victoria fire district.\n\nS. 4G inserted by No. 20/2019 s. 61.\n\n","sortOrder":16},{"sectionNumber":"4G","sectionType":"section","heading":"Review of the Fire Rescue Victoria fire district","content":"\t4G Review of the Fire Rescue Victoria fire district\n\n(1) The Fire District Review Panel must conduct a review of the Fire Rescue Victoria fire district at least once during—\n\n(a) the 4-year period beginning on the day on which this section commences; and\n\n(b) each subsequent 4-year period.\n\n(2) The Fire District Review Panel must also conduct a review of the Fire Rescue Victoria fire district if—\n\n(a) the Minister requests a review after receiving a recommendation of the Secretary under section 4H; or\n\n(b) the Minister determines under section 4M(1)(c) that a further review be conducted.\n\nS. 4H inserted by No. 20/2019 s. 61.\n\n","sortOrder":17},{"sectionNumber":"4H","sectionType":"section","heading":"Secretary may recommend a review of the Fire Rescue Victoria fire district","content":"\t4H Secretary may recommend a review of the Fire Rescue Victoria fire district\n\nThe Secretary may recommend to the Minister that the Fire District Review Panel conduct a review of the Fire Rescue Victoria fire district if the Secretary—\n\n(a) has received evidence of a change in fire risk within the Fire Rescue Victoria fire district or the country area of Victoria; and\n\n(b) considers that the change in fire risk warrants such a review.\n\nS. 4I inserted by No. 20/2019 s. 61.\n\n","sortOrder":18},{"sectionNumber":"4I","sectionType":"section","heading":"Notice of review of the Fire Rescue Victoria fire district","content":"\t4I Notice of review of the Fire Rescue Victoria fire district\n\nIf the Minister requests the Fire District Review Panel to conduct a review of the Fire Rescue Victoria fire district under section 4G(2)(a)—\n\n(a) the Minister must cause a copy of the request, and the reasons for the request, to be published in the Government Gazette; and\n\n(b) the Fire Rescue Commissioner must cause a copy of the request, and the reasons for the request, to be published on the Internet site of Fire Rescue Victoria; and\n\n(c) the Chief Officer of the Country Fire Authority must cause a copy of the request, and the reasons for the request, to be published on the Internet site of the Country Fire Authority.\n\nS. 4J inserted by No. 20/2019 s. 61.\n\n","sortOrder":19},{"sectionNumber":"4J","sectionType":"section","heading":"Object and procedures relating to review","content":"\t4J Object and procedures relating to review\n\n(1) The object of a review of the Fire Rescue Victoria fire district is to conduct a risk‑based assessment of the assignment of responsibility necessary for the provision of fire services by fire services agencies, in order to prevent, and protect against, loss of life and damage to property, infrastructure or the environment in Victoria, within—\n\n(a) the Fire Rescue Victoria fire district; and\n\n(b) the country area of Victoria.\n\n(2) In conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel must have regard to any change in fire risk in the Fire Rescue Victoria fire district or the country area of Victoria.\n\n(3) In conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel may—\n\n(a) inquire into and inform itself of any matters relevant to the review as the Panel thinks fit; and\n\n(b) consult with any person or body as the Panel thinks fit including, but not limited to, by seeking oral or written submissions.\n\n(4) In conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel must—\n\n(a) consult with all relevant fire services agencies and any municipal district directly affected by the review; and\n\n(b) if the Fire District Review Panel considers that there is a change in fire risk—\n\n(i) determine by instrument that there is a change in fire risk; and\n\n(ii) take the steps set out in section 4K before completing the review.\n\n(5) A review of the Fire Rescue Victoria fire district requested by the Minister under section 4G(2)(a) must be completed within the period (if any) specified in the request.\n\nS. 4K inserted by No. 20/2019 s. 61.\n\n","sortOrder":20},{"sectionNumber":"4K","sectionType":"section","heading":"Procedures if Fire District Review Panel considers that there is a change in fire risk","content":"\t4K Procedures if Fire District Review Panel considers that there is a change in fire risk\n\n(1) If, in conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel determines under section 4J(4)(b)(i) that there is a change in fire risk—\n\n(a) the determination must be published as follows—\n\n(i) the Panel must cause the determination to be published in the Government Gazette;\n\n(ii) the Fire Rescue Commissioner must cause a copy of the determination to be published on the Internet site of Fire Rescue Victoria;\n\n(iii) the Chief Officer of the Country Fire Authority must cause a copy of the determination to be published on the Internet site of the Country Fire Authority; and\n\n(b) the Panel must notify the Chief Officer of the Country Fire Authority of the determination and must—\n\n(i) request the Chief Officer to give advice to the Panel on how the Country Fire Authority will support the volunteer brigades to which the determination is relevant to ensure that they have the capacity to respond effectively to the change in fire risk; and\n\n(ii) suspend the review, for a period of not more than 12 months beginning on the date on which the determination is published in the Government Gazette, in order to allow the Chief Officer to give that advice to the Panel; and\n\n(c) if no advice has been received by the end of the period referred to in paragraph (b)(ii), the Panel must notify the Chief Officer that the period of suspension has ended, and request that the Chief Officer provide the advice referred to in paragraph (b)(i) within 30 days of the notice; and\n\n(d) if advice has been received by the end of the period referred to in paragraph (b)(ii) or (c), the Panel must request that the Chief Officer provide, within 30 days of the request, further advice on the progress of the Country Fire Authority in delivering the support to the volunteer brigades as mentioned in paragraph (b)(i); and\n\n(e) at the end of the 30 day period referred to in paragraph (d), the Panel must finalise the review and prepare the report required by section 4L.\n\n(2) The review must be finalised whether or not any advice has been provided by the Chief Officer of the Country Fire Authority as mentioned in subsection (1), but if such advice has been provided, the Panel must have regard to the advice in preparing the report.\n\n(3) If the review was requested by the Minister under section 4G(2)(a), the period of suspension under subsection (1)(b)(ii) must be such as to ensure that the report of the review can be provided within the period (if any) specified in the Minister's request.\n\nS. 4L inserted by No. 20/2019 s. 61.\n\n","sortOrder":21},{"sectionNumber":"4L","sectionType":"section","heading":"Report of review","content":"\t4L Report of review\n\n(1) After conducting a review of the Fire Rescue Victoria fire district, the Fire District Review Panel must report its findings to the Minister.\n\n(2) The report may recommend—\n\n(a) that no change be made to the Fire Rescue Victoria fire district; or\n\n(b) that a change be made to the Fire Rescue Victoria fire district; or\n\n(c) that the Panel conduct a further review of the Fire Rescue Victoria fire district within the period specified in the report.\n\nS. 4M inserted by No. 20/2019 s. 61.\n\n","sortOrder":22},{"sectionNumber":"4M","sectionType":"section","heading":"Minister's determination on review","content":"\t4M Minister's determination on review\n\n(1) After receiving a report under section 4L of a review of the Fire Rescue Victoria fire district, the Minister may determine by instrument—\n\n(a) that no change be made to the Fire Rescue Victoria fire district; or\n\n(b) that a change be made to the Fire Rescue Victoria fire district; or\n\n(c) that the Fire District Review Panel conduct a further review of the Fire Rescue Victoria fire district within the period specified in the determination.\n\n(2) In making a determination under subsection (1), the Minister must have regard to—\n\n(a) the report and recommendations of the Fire District Review Panel; and\n\n(b) the capacity of each relevant fire services agency to perform its statutory functions and duties; and\n\n(c) the implications of making the determination for the budget and resources of each relevant fire services agency; and\n\n(d) the implications of making the determination for the budget and resources of the emergency management sector; and\n\n(e) the other implications of making the determination for the emergency management sector.\n\n(3) The Minister must cause a determination made under subsection (1), and the report of the Fire District Review Panel in respect of the review, to be published in the Government Gazette.\n\n(4) The Fire Rescue Commissioner must cause a determination made by the Minister under subsection (1), and the report of the Fire District Review Panel in respect of the review, to be published on the Internet site of Fire Rescue Victoria.\n\n(5) The Chief Officer of the Country Fire Authority must cause a determination made by the Minister under subsection (1), and the report of the Fire District Review Panel in respect of the review, to be published on the Internet site of the Country Fire Authority.\n\nS. 4N inserted by No. 20/2019 s. 61.\n\n","sortOrder":23},{"sectionNumber":"4N","sectionType":"section","heading":"Effect of Minister's determination","content":"\t4N Effect of Minister's determination\n\n(1) A determination made under section 4M(1) takes effect according to its terms on the day on which it is published in the Government Gazette.\n\n(2) If the determination states that a change is to be made to the Fire Rescue Victoria fire district, the Governor in Council may, by Order published in the Government Gazette, amend Schedule 2 to change the Fire Rescue Victoria fire district as stated in the determination and the Order has effect accordingly.\n\nNos 3682 s. 5, 5040 s. 18, 5217 s. 2.\n\nS. 5 substituted by No. 6434 s. 2, amended by No. 12/1989 s. 4(1)(Sch. 2 items 79.3, 79.4),  \nrepealed by No. 50/1989 s. 27(2),  \nnew s. 5 inserted by No. 2/1995 s. 14.\n\n","sortOrder":24},{"sectionNumber":"5","sectionType":"section","heading":"Duties and powers of councils and public authorities in relation to fire","content":"\t5 Duties and powers of councils and public authorities in relation to fire\n\nS. 5(1) amended by No. 20/2019 s. 62.\n\n(1) In the Fire Rescue Victoria fire district it is the duty of every municipal council and public authority to take all practicable steps (including burning) to prevent the occurrence of fires on, and minimise the danger of the spread of fires on and from—\n\n(a) any land vested in it or under its control or management; and\n\n(b) any road under its care and management.\n\n(2) A municipal council or public authority may—\n\n(a) acquire any equipment;\n\n(b) do any thing;\n\n(c) expend from its funds any amount—\n\nthat is necessary or expedient for the purpose of fulfilling its duty under subsection (1).\n\n(3) If the cost of maintenance of a road is apportioned between municipal councils or public authorities or both the cost of fulfilling the duty imposed by subsection (1) must be apportioned in the same manner.\n\nS. 5A  \ninserted by No. 2/1995 s. 14.\n\n","sortOrder":25},{"sectionNumber":"5A","sectionType":"section","heading":"Municipal fire prevention officers and assistants","content":"\t5A Municipal fire prevention officers and assistants\n\nS. 5A(1) amended by No. 20/2019 s. 63.\n\n(1) Each municipal council, the municipal district or part of the municipal district of which is in the Fire Rescue Victoria fire district—\n\n(a) must appoint a person to be the fire prevention officer for that council for the purposes of this Act;\n\n(b) may appoint any number of persons it thinks fit to be assistant fire prevention officers.\n\n(2) A fire prevention officer may, by written instrument, delegate to an assistant fire prevention officer, either generally or as otherwise provided in the instrument, any power or duty of the fire prevention officer under this Act or the regulations except this power of delegation.\n\nHeading preceding  \ns. 6 substituted by Nos 24/1997  \ns. 18, 20/2019 s. 143(1)(b).\n\n*Fire Rescue Victoria*\n\nNos 3682 s. 6, 5040 s. 18, 5217 s. 2.\n\nS. 6 substituted by No. 24/1997  \ns. 19, amended by No. 5/2012 s. 61, substituted by No. 20/2019 s. 27.\n\n\t6 Fire Rescue Victoria\n\n(1) Fire Rescue Victoria is established by this section.\n\n(2) Fire Rescue Victoria is constituted by the Fire Rescue Commissioner.\n\n(3) Fire Rescue Victoria—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) must have an official seal; and\n\n(c) may sue and be sued in its corporate name; and\n\n(d) may acquire, hold and dispose of real and personal property for the purpose of performing its functions; and\n\n(e) may do and suffer all acts and things that bodies corporate may by law do and suffer and that are necessary or incidental for the performance of its functions.\n\nS. 7 (Heading) inserted by No. 20/2019 s. 143(2)(b).\n\nS. 7  \namended by No. 6434 s. 3(1), repealed by No. 7926 s. 3, new s. 7 inserted by No. 7926 s. 4(1), amended by Nos 8019 s. 3, 8476 s. 2(1)(a)(i)–(iii)(b), 43/1987 s. 3(1)(a)(i)(ii), 12/1989 s. 4(1)(Sch. 2 item 79.5). 2/1995 s. 22(a)(b),  \nsubstituted by No. 24/1997  \n\n\t7 Functions of Fire Rescue Victoria\n\nS. 7(1) amended by No. 20/2019 s. 28(1).\n\n(1) The functions of Fire Rescue Victoria are—\n\nS. 7(1)(a) amended by Nos 5/2012 s. 62(1), 20/2019 s. 64(1).\n\n(a) to provide for fire suppression and fire prevention services in the Fire Rescue Victoria fire district; and\n\nS. 7(1)(b) amended by Nos 5/2012 s. 62(1), 20/2019 s. 64(1).\n\n(b) to provide for emergency prevention and response services in the Fire Rescue Victoria fire district; and\n\nS. 7(1)(ba) inserted by No. 20/2019 s. 28(2).\n\n(ba) to implement the fire and emergency services priorities of the Government of Victoria; and\n\nS. 7(1)(bb) inserted by No. 20/2019 s. 28(2).\n\n(bb) to provide operational and management support to the Country Fire Authority in consultation with and as agreed by the Authority, to meet the Authority's objective under section 6B of the **Country Fire Authority Act 1958**, including support to maintain, strengthen and encourage the capability of volunteers; and\n\nS. 7(1)(c) amended by Nos 5/2012 s. 62(2), 20/2019 s. 28(1).\n\n(c) to carry out any other functions conferred on Fire Rescue Victoria by or under this Act or the regulations or any other Act or any regulations under that Act.\n\nS. 7(2) amended by No. 20/2019 s. 28(3).\n\n(2) Fire Rescue Victoria has all powers necessary to carry out its functions.\n\nS. 7(3) amended by Nos 5/2012 s. 62(3), 20/2019 ss 28(4), 64(2).\n\n(3) The functions of Fire Rescue Victoria extend to any vessel berthed adjacent to land which by virtue of section 4(2) is part of the Fire Rescue Victoria fire district.\n\nS. 7(4) inserted by No. 48/2000 s. 8, amended by No. 73/2010 s. 54(1). repealed by No. 73/2013 s. 90(a).\n\nS. 7(5) inserted by No. 48/2000 s. 8, substituted by No. 73/2010 s. 54(2)), repealed by No. 73/2013 s. 90(a).\n\nS. 7(6) inserted by No. 73/2010 s. 54(2)), repealed by No. 73/2013 s. 90(a).\n\nS. 7AA  \ninserted by No. 5/2012 s. 63.\n\n\t7AA Duty to assist in major emergency\n\nS. 7AA(1) amended by No. 20/2019 s. 29(1).\n\n(1) In addition to any other of its duties and functions under this Act, Fire Rescue Victoria must assist in the response to any major emergency occurring within Victoria.\n\n(2) In this section—\n\nS. 7AA(2) def. of *emergency agency* amended by No. 20/2019 s. 29(2).\n\n***emergency agency*** means—\n\n(a) Fire Rescue Victoria;\n\n(b) the Country Fire Authority established under the **Country Fire Authority Act 1958**;\n\n(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**;\n\n(d) the Victoria State Emergency Service Authority established under the **Victoria State Emergency Service Act 2005**;\n\nS. 7AA(2) def. of *major emergency* amended by No. 73/2013 s. 90(b).\n\n***major emergency means***—\n\n(a) a large or complex emergency (however caused) which—\n\n(i) has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or\n\n(ii) has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or\n\n(iii) requires the involvement of 2 or more emergency agencies to respond to the emergency; or\n\n(b) a major fire within the meaning of the **Emergency Management Act 2013**.\n\nS. 7A  \ninserted by No. 8750 s. 96, repealed by No. 24/1997  \ns. 19,  \nnew s. 7A inserted by No. 73/2010 s. 55, substituted by No. 73/2013 s. 89, amended by No. 20/2019 s. 30.\n\n\t7A Objective\n\nThe objective of Fire Rescue Victoria in performing its functions and exercising its powers under this Act is to—\n\n(a) contribute to a whole of sector approach to emergency management;\n\n(b) promote a culture within the emergency management sector of community focus, interoperability and public value.\n\nS. 7AB inserted by No. 73/2013 s. 89, amended by No. 20/2019 s. 31.\n\n\t7AB Emergency Management Victoria\n\nFire Rescue Victoria must, in performing its functions and exercising its powers, collaborate and consult with Emergency Management Victoria.\n\nS. 7AC inserted by No. 73/2013 s. 89, amended by No. 20/2019 s. 32.\n\n\t7AC Compliance with operational standards of Emergency Management Commissioner\n\nFire Rescue Victoria must use its best endeavours to carry out its functions in accordance with the operational standards developed by the Emergency Management Commissioner under the **Emergency Management Act 2013**.\n\nS. 7AD inserted by No. 73/2013 s. 89.\n\n\t7AD Report on compliance with operational standards developed by the Emergency Management Commissioner\n\nS. 7AD(1) amended by No. 20/2019 s. 33(1).\n\n(1) Fire Rescue Victoria must, at the expiration of each period of 6 months, report in writing on the action it has taken during the preceding 6 months to comply with the operational standards developed by the Emergency Management Commissioner under the **Emergency Management Act 2013**.\n\nS. 7AD(2) amended by No. 20/2019 s. 33(2).\n\n(2) A copy of the report prepared by Fire Rescue Victoria under subsection (1) must be given to the Emergency Management Commissioner.\n\nS. 7AE inserted by No. 73/2013 s. 89.\n\n\t7AE Strategic Action Plan\n\nS. 7AE(1) amended by No. 20/2019 s. 34(1).\n\n(1) Fire Rescue Victoria must implement the applicable work program to give effect to the Strategic Action Plan.\n\nS. 7AE(2) amended by No. 20/2019 s. 34(1)(2).\n\n(2) Fire Rescue Victoria must prepare a written report on the progress made, and achievements attained, by Fire Rescue Victoria to give effect to the Strategic Action Plan at intervals determined by the State Crisis and Resilience Council.\n\n(3) The intervals must not be less than one a year.\n\nS. 7AE(4) amended by No. 20/2019 s. 34(1)(3).\n\n(4) Fire Rescue Victoria must give a copy of a report prepared by Fire Rescue Victoria under subsection (2) to the State Crisis and Resilience Council and the Inspector-General for Emergency Management.\n\nS. 7A inserted by No. 7926 s. 4(1), renumbered as s. 7B by  \nNo. 9019 s. 2(1)(Sch. item 166), repealed by No. 24/1997  \ns. 19,  \nnew s. 7B inserted by No. 73/2010 s. 55, amended by No. 20/2019 s. 35.\n\n","sortOrder":26},{"sectionNumber":"7B","sectionType":"section","heading":"Compliance with incident management operating procedures","content":"\t7B Compliance with incident management operating procedures\n\nFire Rescue Victoria must comply with any incident management operating procedures.\n\nS. 7C inserted by No. 20/2019 s. 36.\n\n","sortOrder":27},{"sectionNumber":"7C","sectionType":"section","heading":"Fire Rescue Commissioner and Deputy Fire Rescue Commissioners","content":"\t7C Fire Rescue Commissioner and Deputy Fire Rescue Commissioners\n\n(1) There is to be—\n\n(a) a Fire Rescue Commissioner; and\n\n(b) as many Deputy Fire Rescue Commissioners as the Governor in Council considers necessary.\n\n(2) The Fire Rescue Commissioner—\n\n(a) has all the functions, duties and powers of Fire Rescue Victoria; and\n\n(b) has any other functions, duties and powers conferred on the Fire Rescue Commissioner by or under—\n\n(i) this Act or the regulations; or\n\n(ii) any other Act or regulations under any other Act.\n\n(3) All acts and things done by the Fire Rescue Commissioner in the name of, or on behalf of, Fire Rescue Victoria are taken to have been done by Fire Rescue Victoria.\n\n(4) A Deputy Fire Rescue Commissioner has the functions, duties and powers that are delegated to the Deputy Fire Rescue Commissioner by the Fire Rescue Commissioner.\n\nS. 8  \nrepealed by No. 7926 s. 3, new s. 8 inserted by No. 7926 s. 4(1), amended by Nos 8165 s. 9, 42/1995 s. 224(Sch. 2 item 25), substituted by Nos 24/1997  \ns. 19, 20/2019 s. 37.\n\n","sortOrder":28},{"sectionNumber":"8","sectionType":"section","heading":"Accountability of Fire Rescue Victoria and the Fire Rescue Commissioner","content":"\t8 Accountability of Fire Rescue Victoria and the Fire Rescue Commissioner\n\n(1) Fire Rescue Victoria and the Fire Rescue Commissioner are subject to the general direction and control of  the Minister in the performance of the duties and functions and the exercise of powers of Fire Rescue Victoria and the Fire Rescue Commissioner, including, but not limited to, the policies and priorities to be pursued by Fire Rescue Victoria and the Fire Rescue Commissioner.\n\n(2) Subject to this section, the Minister may from time to time give written directions to Fire Rescue Victoria and the Fire Rescue Commissioner.\n\n(3) The Minister must not give a direction under subsection (2) in relation to the exercise of the operational functions and powers of Fire Rescue Victoria or the Fire Rescue Commissioner including, but not limited to, a function or power under any of the following provisions of this Act—\n\n(a) section 26;\n\n(b) section 32;\n\n(c) section 32AA;\n\n(d) section 32B;\n\n(e) section 32C;\n\n(f) section 32D;\n\n(g) section 52;\n\n(h) section 55A;\n\n(i) section 55B;\n\n(j) section 55C;\n\n(k) section 55D;\n\n(l) section 55E(1), (2) or (4);\n\n(m) section 58;\n\n(n) section 59;\n\n(o) section 60;\n\n(p) section 71;\n\n(q) section 72;\n\n(r) section 72A;\n\n(s) section 78;\n\n(t) section 90;\n\n(u) section 93.\n\n(4) The Minister must not give a direction under subsection (2) in relation to the exercise of the powers of delegation under sections 24B and 31A.\n\n(5) The Minister must not give a direction under subsection (2) in relation to the organisational structure of Fire Rescue Victoria.\n\n(6) The Minister must not give a direction under subsection (2) in relation to—\n\n(a) the allocation or deployment of employees at particular locations; or\n\n(b) the establishment of fire or emergency services units.\n\n(7) If the Minister gives a direction under subsection (2)—\n\n(a) the Minister must cause a copy of the direction to be published in the Government Gazette; and\n\n(b) the Fire Rescue Commissioner must cause a copy of the direction to be published on the Internet site of Fire Rescue Victoria.\n\nS. 8A  \ninserted by No. 10043 s. 5, repealed by No. 24/1997  \n\nS. 9  \nrepealed by No. 7926 s. 3, new s. 9 inserted by No. 7926 s. 4(1), amended by Nos 10149 s. 24(2), 45/1986 s. 12, 43/1987 s. 3(1)(b), substituted by No. 24/1997  \ns. 19, amended by No. 41/2004 s 22(1), substituted by No. 20/2019 s. 38.\n\n","sortOrder":29},{"sectionNumber":"9","sectionType":"section","heading":"Appointment of Fire Rescue Commissioner","content":"\t9 Appointment of Fire Rescue Commissioner\n\n(1) The Fire Rescue Commissioner is to be appointed by the Governor in Council, on the recommendation of the Minister.\n\n(2) The Governor in Council must not appoint a person as the Fire Rescue Commissioner unless the Governor in Council is satisfied that the person has appropriate management and operational expertise in—\n\n(3) The Fire Rescue Commissioner holds office for the period, not exceeding 5 years, specified in the Fire Rescue Commissioner's instrument of appointment.\n\n(4) The Fire Rescue Commissioner is entitled to receive—\n\nspecified in the Fire Rescue Commissioner's instrument of appointment.\n\n(5) The Fire Rescue Commissioner is eligible for reappointment.\n\n(6) The Fire Rescue Commissioner holds office on the terms and conditions specified in the Fire Rescue Commissioner's instrument of appointment.\n\nS. 9A inserted by No. 20/2019 s. 38.\n\n","sortOrder":30},{"sectionNumber":"9A","sectionType":"section","heading":"Deputy Fire Rescue Commissioners","content":"\t9A Deputy Fire Rescue Commissioners\n\n(1) A Deputy Fire Rescue Commissioner is to be appointed by the Governor in Council on the recommendation of the Minister.\n\n(2) The Governor in Council must not appoint a person as a Deputy Fire Rescue Commissioner unless the Governor in Council is satisfied that the person has appropriate management and operational expertise in—\n\n(3) The Governor in Council must not appoint a person as a Deputy Fire Rescue Commissioner unless the Governor in Council is satisfied that the Minister has consulted the Fire Rescue Commissioner about the appointment.\n\n(4) A Deputy Fire Rescue Commissioner holds office for the period, not exceeding 5 years, specified in the Deputy Fire Rescue Commissioner's instrument of appointment.\n\n(5) A Deputy Fire Rescue Commissioner is entitled to receive—\n\nspecified in the Deputy Fire Rescue Commissioner's instrument of appointment.\n\n(6) A Deputy Fire Rescue Commissioner is eligible for reappointment.\n\n(7) A Deputy Fire Rescue Commissioner holds office on the terms and conditions specified in the Deputy Fire Rescue Commissioner's instrument of appointment.\n\nS. 9B inserted by No. 20/2019 s. 38.\n\n","sortOrder":31},{"sectionNumber":"9B","sectionType":"section","heading":"Ceasing to hold office","content":"\t9B Ceasing to hold office\n\nThe Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner ceases to hold office if the Fire Rescue Commissioner or Deputy Fire Rescue Commissioner, as the case requires—\n\n(a) resigns under section 9C; or\n\n(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) nominates for election  for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or\n\n(e) is removed from office under section 9D.\n\nS. 9C inserted by No. 20/2019 s. 38.\n\n","sortOrder":32},{"sectionNumber":"9C","sectionType":"section","heading":"Resignation","content":"\t9C Resignation\n\n(1) The Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner may resign by signed letter delivered to the Governor in Council.\n\n(a) on the day the letter is received by the Governor in Council; or\n\nS. 9D inserted by No. 20/2019 s. 38.\n\n","sortOrder":33},{"sectionNumber":"9D","sectionType":"section","heading":"Removal from office","content":"\t9D Removal from office\n\n(1) The Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner may be removed from office by the Governor in Council on any of the following grounds—\n\n(c) inability to perform the duties of office;\n\n(d) any other ground on which the Governor in Council is satisfied that the person is unfit for office.\n\n(2) The Governor in Council must not remove a Deputy Fire Rescue Commissioner under subsection (1) unless the Governor in Council is satisfied that the Minister has consulted the Fire Rescue Commissioner about the removal.\n\nS. 9E inserted by No. 20/2019 s. 38.\n\n","sortOrder":34},{"sectionNumber":"9E","sectionType":"section","heading":"Suspension from office","content":"\t9E Suspension from office\n\n(1) The Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner may be suspended from office by the Governor in Council.\n\n(2) The Governor in Council must not suspend the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner under subsection (1) unless the Governor in Council believes that grounds may exist for the removal of the Fire Rescue Commissioner or the Deputy Fire Rescue Commissioner under section 9D(1).\n\n(3) The Governor in Council may revoke the suspension of the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner at any time.\n\n(4) If—\n\n(a) the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner has been suspended; and\n\n(b) the Governor in Council has not revoked the suspension under subsection (3) during the period of 30 days after the suspension—\n\nthe suspension ceases to be in effect at the end of that period unless the Fire Rescue Commissioner or Deputy Fire Rescue Commissioner has for any reason ceased to hold office before the end of that period.\n\nS. 9F inserted by No. 20/2019 s. 38.\n\n","sortOrder":35},{"sectionNumber":"9F","sectionType":"section","heading":"Acting Fire Rescue Commissioner","content":"\t9F Acting Fire Rescue Commissioner\n\n(1) The Governor in Council may appoint a person to act as the Fire Rescue Commissioner for a period of not more than 12 months—\n\n(a) during a vacancy in the office of the Fire Rescue Commissioner; or\n\n(b) during any period when the Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office.\n\n(2) The Minister may appoint a person to act as the Fire Rescue Commissioner for a period of not more than 4 weeks—\n\n(a) during a vacancy in the office of the Fire Rescue Commissioner; or\n\n(b) during any period when the Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office.\n\n(3) Before appointing a person to act as the Fire Rescue Commissioner, the Governor in Council or the Minister, as the case requires, must be satisfied that the person has appropriate management and operational expertise in—\n\n(4) A person appointed to act as the Fire Rescue Commissioner—\n\n(a) holds office for the period specified in the person's instrument of appointment; and\n\n(b) is entitled to the remuneration and allowances to which the Fire Rescue Commissioner would have been entitled; and\n\n(c) holds office on such other terms and conditions as are specified in the person's instrument of appointment.\n\n(5) While a person is acting as the Fire Rescue Commissioner, the person has all the powers and may perform any of the functions of the Fire Rescue Commissioner.\n\n(6) The Governor in Council may revoke an appointment under subsection (1) at any time.\n\n(7) The Minister may revoke an appointment under subsection (2) at any time.\n\n(8) A person appointed to act as the Fire Rescue Commissioner under subsection (1) or (2) is eligible for reappointment.\n\nS. 9G inserted by No. 20/2019 s. 38.\n\n","sortOrder":36},{"sectionNumber":"9G","sectionType":"section","heading":"Acting Deputy Fire Rescue Commissioner","content":"\t9G Acting Deputy Fire Rescue Commissioner\n\n(1) The Governor in Council may appoint a person to act as a Deputy Fire Rescue Commissioner for a period of not more than 12 months—\n\n(a) during a vacancy in the office of a Deputy Fire Rescue Commissioner; or\n\n(b) during any period when a Deputy Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office.\n\n(2) The Fire Rescue Commissioner may appoint a person to act as a Deputy Fire Rescue Commissioner for a period of not more than 4 weeks—\n\n(a) during a vacancy in the office of a Deputy Fire Rescue Commissioner; or\n\n(b) during any period when a Deputy Fire Rescue Commissioner is absent from duty or is for any other reason unable to perform the duties of the office.\n\n(3) Before appointing a person to act as a Deputy Fire Rescue Commissioner, the Governor in Council or the Fire Rescue Commissioner, as the case requires, must be satisfied that the person has appropriate management and operational expertise in—\n\n(4) Before appointing a person to act as a Deputy Fire Rescue Commissioner, the Governor in Council must be satisfied that the Minister has consulted the Fire Rescue Commissioner.\n\n(5) A person appointed to act as a Deputy Fire Rescue Commissioner—\n\n(a) holds office for the period specified in the person's instrument of appointment; and\n\n(b) is entitled to the remuneration and allowances to which a Deputy Fire Rescue Commissioner would have been entitled; and\n\n(c) holds office on such other terms and conditions as are specified in the person's instrument of appointment.\n\n(6) While a person is acting as a Deputy Fire Rescue Commissioner, the person has all the powers and may perform any of the functions of a Deputy Fire Rescue Commissioner.\n\n(7) The Governor in Council may revoke an appointment under subsection (1) at any time.\n\n(8) The Fire Rescue Commissioner may revoke an appointment under subsection (2) at any time.\n\n(9) A person appointed to act as a Deputy Fire Rescue Commissioner under subsection (1) or (2) is eligible for reappointment.\n\nS. 10  \nrepealed by No. 7926 s. 3, new s. 10 inserted by No. 7926 s. 4(1), substituted by No. 24/1997  \ns. 19, repealed by No. 20/2019 s. 39.\n\nS. 11  \nrepealed by No. 7926 s. 3, new s. 11 inserted by No. 7926 s. 4(1), amended by Nos 9727 s. 2, 50/1988 s. 93(2)(Sch. 2 Pt 2 item 34), 2/1995 s. 22(c)(d)(i)(ii), substituted by No. 24/1997  \ns. 19, amended by Nos 46/1998 s. 7(Sch. 1), 5/2012 s. 64, repealed by No. 20/2019 s. 39.\n\nS. 11A inserted by No. 5/2012 s. 65, repealed by No. 20/2019, s. 39.\n\nS. 12  \nrepealed by No. 7926 s. 3, new s. 12 inserted by No. 7926 s. 4(1), substituted by No. 24/1997  \ns. 19, amended by No. 46/1998  \ns. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 133.1), 80/2006 s. 26(Sch. item 70.1), amended by No. 20/2019 s. 40.\n\n","sortOrder":37},{"sectionNumber":"12","sectionType":"section","heading":"Application of Public Administration Act 2004","content":"\t12 Application of Public Administration Act 2004\n\nThe **Public Administration Act 2004** (other than Part 3 of that Act) applies to the Fire Rescue Commissioner and the Deputy Fire Rescue Commissioners in respect of those offices.\n\nS. 13  \nrepealed by No. 7926 s. 3, new s. 13 inserted by No. 7926 s. 4(1), amended by No. 9599 s. 2, substituted by No. 24/1997 s. 19, amended by No. 5/2012 s. 66, repealed by No. 20/2019 s. 41.\n\nS. 14  \nrepealed by No. 7926 s. 3, new s. 14 inserted by No. 7926 s. 4(1), substituted by No. 43/1987 s. 3(1)(c), amended by No. 2/1995 s. 22(b), substituted by No. 24/1997  \ns. 19, amended by No. 5/2012 s. 67, repealed by No. 20/2019 s. 41.\n\nNos 3682 s. 19, 5040 s. 18, 5829 s. 2(2)(c).\n\nS. 15 amended by Nos 7926 s. 5(a), 2/1995 s. 22(a)(b), substituted by No. 24/1997  \ns. 19, repealed by No. 20/2019 s. 41.\n\nNos 3682 s. 20, 5040 s. 18.\n\nS. 16 substituted by Nos 24/1997  \ns. 19, 20/2019 s. 42.\n\n","sortOrder":38},{"sectionNumber":"16","sectionType":"section","heading":"Decisions not affected by certain matters","content":"\t16 Decisions not affected by certain matters\n\nAn act or decision of Fire Rescue Victoria, the Fire Rescue Commissioner, a Deputy Fire Rescue Commissioner, an acting Fire Rescue Commissioner or an acting Deputy Fire Rescue Commissioner is not invalid only because—\n\n(a) of a defect or irregularity in the appointment of the Fire Rescue Commissioner, Deputy Fire Rescue Commissioner, acting Fire Rescue Commissioner or acting Deputy Fire Rescue Commissioner; or\n\n(b) of a vacancy in the office of Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner; or\n\n(c) the occasion for the appointment of an acting Fire Rescue Commissioner or an acting Deputy Fire Rescue Commissioner has ceased to exist.\n\nS. 16A inserted by No. 43/1987 s. 4(2), amended by Nos 39/1992 s. 19, 2/1995 s. 22(a), repealed by No. 24/1997  \n\nHeading preceding s. 17  \nrepealed by No. 24/1997 s. 19.\n\nS. 17 (Heading) inserted by No. 20/2019 s. 143(2)(c).\n\nS. 17  \nrepealed by No. 7926 s. 5(b),  \nnew s. 17 inserted by No. 24/1997  \n\n","sortOrder":39},{"sectionNumber":"17","sectionType":"section","heading":"Immunity of Fire Rescue Commissioner","content":"\t17 Immunity of Fire Rescue Commissioner\n\nS. 17(1) amended by No. 20/2019 s. 43(1).\n\n(1) The Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner is not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.\n\nS. 17(2) amended by No. 20/2019 s. 43(2).\n\n(2) Any liability resulting from an act or omission that would but for subsection (1) attach to the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner attaches instead to Fire Rescue Victoria.\n\nNos 3682 s. 22, 5040 s. 18.\n\nS. 18 amended by No. 7926 s. 6, substituted by No. 24/1997  \ns. 19, amended by No. 41/2004 s. 22(2)(3), repealed by No. 20/2019 s. 44.\n\nNos 3682 s. 23, 5040 s. 18.\n\nS. 19 substituted by No. 24/1997  \ns. 19, repealed by No. 20/2019 s. 44.\n\nNos 3682 s. 24, 5040 s. 18.\n\nS. 20 amended by No. 43/1987 s. 3(1)(d), substituted by No. 24/1997  \ns. 19, repealed by No. 20/2019 s. 44.\n\nNos 3682 s. 25, 5040 s. 18.\n\nS. 21 substituted by Nos 24/1997  \ns. 19, 20/2019 s. 45.\n\n","sortOrder":40},{"sectionNumber":"21","sectionType":"section","heading":"Conflicts of interest","content":"\t21 Conflicts of interest\n\n(1) If the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner has a conflict of interest in a matter arising in the course of duty, the Fire Rescue Commissioner or Deputy Fire Rescue Commissioner, as the case requires, must declare the conflict to the Minister as soon as reasonably practicable.\n\n(2) If the Fire Rescue Commissioner or a Deputy Fire Rescue Commissioner has made a conflict of interest declaration under subsection (1) in relation to a matter, the Fire Rescue Commissioner or Deputy Fire Rescue Commissioner, as the case requires, must not take any further part in decisions relating to that matter, unless otherwise directed to do so by the Minister.\n\n(3) For the purposes of this section, a person is not to be regarded as having a conflict of interest in a matter relating to the supply of goods or services to the person if the goods or services are, or are to be, available to members of the public on the same terms and conditions.\n\nS. 22 repealed by No. 24/1997 s. 20.\n\nS. 23 amended by No. 57/1989 s. 3(Sch. item 133.1), repealed by No. 24/1997  \ns. 20.\n\nHeading preceding s. 24 substituted by No. 20/2019 s. 143(1)(c).\n\n*General powers and duties of Fire Rescue Victoria*\n\nNos 3682 s. 28, 5040 s. 18.\n\n","sortOrder":41},{"sectionNumber":"24","sectionType":"section","heading":"Power to purchase and sell property","content":"\t24 Power to purchase and sell property\n\nS. 24(1) amended by Nos 50/1989 s. 28, 20/2019 s. 46.\n\n(1) Fire Rescue Victoria may purchase take on lease or otherwise acquire stations for appliances and the accommodation of fire-fighters and any other buildings, land, apparatus, plant or other property as Fire Rescue Victoria thinks requisite for carrying into effect the purposes of this Act, and may from time to time sell or exchange or let any property acquired by or vested in it for the purposes of this Act.\n\nS. 24(2) amended by No. 20/2019 s. 46(2).\n\n(2) All moneys resulting from the sale exchange or letting of any property by Fire Rescue Victoria shall be applied in the purchase of property for Fire Rescue Victoria or the improvement of the property of Fire Rescue Victoria.\n\nS. 24A inserted by No. 45/1986 s. 13.\n\n","sortOrder":42},{"sectionNumber":"24A","sectionType":"section","heading":"Power to acquire land","content":"\t24A Power to acquire land\n\nS. 24A(1) amended by Nos 5/2012 s. 68, 20/2019 s. 47(1).\n\n(1) In addition to its powers under section 24, Fire Rescue Victoria may acquire compulsorily any land which is required for the purposes of this Act.\n\nS. 24A(2) substituted by No. 121/1986 s. 112.\n\n(2) The **Land Acquisition and Compensation Act 1986** applies to this Act and for that purpose—\n\nS. 24A(2)(a) amended by No. 20/2019 s. 47(2).\n\n(a) the **Fire Rescue Victoria Act 1958** is the special Act; and\n\nS. 24A(2)(b) substituted by No. 24/1997  \ns. 21, amended by No. 20/2019 s. 47(3).\n\n(b) Fire Rescue Victoria is the Authority.\n\nS. 24B inserted by No. 39/1992 s. 20, substituted by No. 24/1997  \ns. 22, amended by Nos 5/2012 s. 69, 20/2019 s. 48.\n\n","sortOrder":43},{"sectionNumber":"24B","sectionType":"section","heading":"Power of delegation","content":"\t24B Power of delegation\n\nFire Rescue Victoria may, by instrument under its official seal, delegate to any employee or class of employees of Fire Rescue Victoria any responsibility, power, authority, duty or function of Fire Rescue Victoria under this Act or the regulations or under any other Act or regulations, other than this power of delegation.\n\nS. 25 amended by Nos 10043 s. 6, 2/1995 s. 15, repealed by No. 24/1997 s. 23.\n\nS. 25A (Heading) inserted by No. 20/2019 s. 143(2)(d).\n\nS. 25A inserted by No. 2/1995 s. 16.\n\n","sortOrder":44},{"sectionNumber":"25A","sectionType":"section","heading":"General powers of Fire Rescue Victoria","content":"\t25A General powers of Fire Rescue Victoria\n\nS 25A(1) amended by No. 20/2019 s. 49(1).\n\n(1) Subject to this Act, Fire Rescue Victoria has the power to do all things necessary or convenient to be done for or in connection with the performance of its duties and functions.\n\nS. 25A(2) amended by No. 20/2019 s. 49(2).\n\n(2) Without limiting or derogating from the generality of the powers of Fire Rescue Victoria under this Act, the powers of Fire Rescue Victoria include the power to—\n\nS. 25A(2)(a) amended by No. 20/2019 s. 49(2).\n\n(a) enter into agreements or arrangements with any person or body for the provision of goods or services to Fire Rescue Victoria;\n\nS. 25A(2)(b) amended by No. 20/2019 s. 49(2).\n\n(b) subject to subsection (3), enter into agreements or arrangements with any person or body for the provision of goods or services by Fire Rescue Victoria;\n\n(c) apply for, obtain and hold intellectual property rights (including patents, copyrights, trade marks and registered designs);\n\nS. 25A(2)(d) amended by No. 20/2019 s. 49(2).\n\n(d) enter into agreements or arrangements for the commercial exploitation of those intellectual property rights and ancillary services on any terms and conditions as to royalties, lump sum payments or otherwise as Fire Rescue Victoria may see fit;\n\n(e) subject to subsection (3), form, participate in the formation of, or be a member of a body corporate, association, partnership, trust or other body;\n\n(f) subject to subsection (3), enter into a joint venture agreement, shareholders agreement or unitholders agreement with any other person or body;\n\nS. 25A(2)(g) amended by No. 20/2019 s. 49(2)(3).\n\n(g) do all things necessary or convenient to give effect to any agreements or arrangements entered into by Fire Rescue Victoria including power to appoint any person or body as Fire Rescue Victoria's agent for that purpose.\n\nS. 25A(3) amended by No. 20/2019 s. 49(4).\n\n(3) Fire Rescue Victoria must obtain the written consent of the Minister before—\n\nS. 25A(3)(a) amended by No. 20/2019 s. 49(5).\n\n(a) entering into any agreement or arrangement with any person or body for the provision of goods or services by Fire Rescue Victoria; or\n\n(b) forming, participating in the formation of, or becoming a member of a body corporate, association, partnership, trust or other body; or\n\n(c) entering into any joint venture agreement, shareholders agreement or unitholders agreement.\n\nS. 25A(4) substituted by Nos 24/1997  \ns. 24(1), 5/2012 s. 70, amended by No. 20/2019 s. 49(6).\n\n(4) Subsection (3)(a) does not apply to an agreement or arrangement for the provision of goods or services by Fire Rescue Victoria—\n\n(a) to a unit or group of units or to a person acting on behalf of a unit or group of units; or\n\nS. 25A(4)(b) amended by No. 20/2019 s. 49(6).\n\n(b) where the provision of those goods or services falls within the general duties and functions of Fire Rescue Victoria.\n\nS. 25A(4A) inserted by No. 24/1997  \ns. 24(1), amended by No. 20/2019 s. 49(7).\n\n(4A) Fire Rescue Victoria, with the written consent of the Minister, may—\n\n(a) enter into any agreement or arrangement with any person or body to provide consultancy services in emergency protection and response in any place outside Victoria; and\n\n(b) make any charge it thinks fit for those services.\n\nS. 25A(5) amended by No. 24/1997  \ns. 24(2).\n\n(5) The Minister's consent under subsection (3)(a) or (b) or (4A) may be given in respect of a particular case or a class of cases.\n\nS. 25B (Heading) inserted by No. 20/2019 s. 143(2)(e).\n\nS. 25B inserted by No. 24/1997  \ns. 25.\n\n","sortOrder":45},{"sectionNumber":"25B","sectionType":"section","heading":"Employees of Fire Rescue Victoria","content":"\t25B Employees of Fire Rescue Victoria\n\nS. 25B(1) amended by No. 20/2019 s. 50(1).\n\n(1) Fire Rescue Victoria may from time to time—\n\n(a) employ any persons that it considers necessary to assist it in carrying out its functions under this Act or any other Act; and\n\n(b) transfer, promote, suspend or remove any employee.\n\n(2) Every appointment or promotion of a member of the operational staff is to be on 3 months' probation.\n\nS. 25B(3) inserted by No. 20/2019 s. 50(2).\n\n(3) Fire Rescue Victoria may enter into a secondment agreement (within the meaning of section 25C(10)) with the Country Fire Authority under which officers or employees of Fire Rescue Victoria are made available (whether on a full-time, part-time or other basis) to the Country Fire Authority.\n\nS. 25B(4) inserted by No. 20/2019 s. 50(2).\n\n(4) Despite anything in this Act or any other Act, an officer or employee made available to the Country Fire Authority under a secondment agreement (within the meaning of section 25C(10)) remains an officer or employee of Fire Rescue Victoria and is not an officer or employee of the Country Fire Authority.\n\nS. 25B(5) inserted by No. 20/2019 s. 50(2).\n\n(5) Nothing in this section or the **Country Fire Authority Act 1958**—\n\n(a) empowers the Country Fire Authority, under section 17 of the **Country Fire Authority Act 1958**, to exercise a power in respect of an officer or employee made available (whether on a full-time, part-time or other basis) to the Country Fire Authority under subsection (3); or\n\n(b) imposes a duty upon the Country Fire Authority, under section 18 or 19 of the **Country Fire Authority Act 1958**, in respect of an officer or employee made available (whether on a full-time, part‑time or other basis) to the Country Fire Authority under subsection (3).\n\nS. 25C inserted by No. 20/2019 s. 51.\n\n","sortOrder":46},{"sectionNumber":"25C","sectionType":"section","heading":"Secondment agreements","content":"\t25C Secondment agreements\n\n(1) If Fire Rescue Victoria proposes to make one or more officers or employees of Fire Rescue Victoria available to the Country Fire Authority under a secondment agreement, the Chief Officer of the Country Fire Authority may agree to a particular officer or employee being made available under the secondment agreement if—\n\n(a) the Fire Rescue Commissioner, in consultation with the Chief Officer of the Country Fire Authority, has conducted an equitable, fair and transparent selection process covering the officers and employees proposed to be made available under the secondment agreement; and\n\n(b) the particular officer or employee participated in the equitable, fair and transparent selection process; and\n\n(c) the Chief Officer of the Country Fire Authority is satisfied that the officer or employee selected through that process is suitable to be made available.\n\n(2) If the Chief Officer of the Country Fire Authority is not satisfied that suitable officers or employees can be made available as a result of subsection (1), the Chief Officer of the Country Fire Authority may request Fire Rescue Victoria to conduct a further external equitable, fair and transparent selection process, in consultation with the Chief Officer of the Country Fire Authority.\n\n(3) A person cannot be engaged as an officer or employee of Fire Rescue Victoria as a result of a selection process carried out under subsection (2) unless the person meets the registration requirements (however described) specified by the Firefighters Registration Board.\n\n(4) If Fire Rescue Victoria proposes to make one or more officers or employees of Fire Rescue Victoria available to the Country Fire Authority under a secondment agreement—\n\n(a) the Chief Officer of the Country Fire Authority must agree to a particular officer or employee being made available under the secondment agreement if the officer or employee is a transferred employee (within the meaning of section 101 or 102) or a person transferred to the employment of Fire Rescue Victoria under section 103; and\n\n(b) to avoid doubt, an officer or employee referred to in paragraph (a) is not required to satisfy subsection (1)(a), (b) and (c).\n\n(5) The Chief Officer of the Country Fire Authority has the order and control of the work of an officer or employee of Fire Rescue Victoria who is made available to the Country Fire Authority under a secondment agreement.\n\n(6) The Chief Officer of the Country Fire Authority may terminate a secondment agreement that covers only one officer or employee if the Chief Officer of the Country Fire Authority has conducted an equitable, fair and transparent process to review the conduct of the officer or employee and, after conducting the process, is satisfied that such termination is appropriate.\n\n(7) If a secondment agreement covers more than one officer or employee, the Chief Officer of the Country Fire Authority may vary the secondment agreement so that it no longer covers a particular officer or employee, if the Chief Officer of the Country Fire Authority has conducted an equitable, fair and transparent process to review the conduct of the officer or employee and, after conducting the process, is satisfied that such termination is appropriate.\n\n(8) If a secondment agreement is terminated or varied, the officer or employee who is no longer covered by the secondment agreement remains an employee of Fire Rescue Victoria.\n\n(9) The Chief Officer of the Country Fire Authority may suspend an officer or employee covered by a secondment agreement if the Chief Officer of the Country Fire Authority has conducted an equitable, fair and transparent process to review the conduct of the officer or employee and, after conducting the process, is satisfied that such suspension is appropriate.\n\n(10) In this section—\n\n***secondment agreement*** means an agreement between the Fire Rescue Commissioner and the Chief Officer of the Country Fire Authority under which one or more officers or employees of Fire Rescue Victoria are made available to the Country Fire Authority, whether on a full-time, part-time or other basis.\n\nNos 3682 s. 31, 5040 s. 18.\n\nS. 26 amended by Nos 9928 s. 3, 10043 s. 7, 50/1989 s. 44(2), substituted by No. 24/1997  \ns. 26.\n\n","sortOrder":47},{"sectionNumber":"26","sectionType":"section","heading":"Formation of units","content":"\t26 Formation of units\n\nS. 26(1) amended by Nos 5/2012 s. 71, 20/2019 s. 52(1).\n\n(1) Fire Rescue Victoria may at any time establish fire or emergency services units to assist it in carrying out its functions.\n\n(2) A unit may consist of—\n\nS. 26(2)(a) amended by No. 20/2019 s. 52(2).\n\n(a) persons employed by Fire Rescue Victoria; or\n\nS. 26(2)(b) amended by No. 20/2019 s. 52(2).\n\n(b) persons engaged under any contract or arrangement entered into by Fire Rescue Victoria; or\n\n(c) both.\n\nS. 26(3) amended by No. 20/2019 s. 52(3).\n\n(3) A member of a unit is subject to the direction and control of Fire Rescue Victoria.\n\nNos 3682 s. 32, 5040 s. 18.\n\nS. 27 substituted by No. 50/1989 s. 29(1).\n\n","sortOrder":48},{"sectionNumber":"27","sectionType":"section","heading":"Copies of annual report and special report","content":"\t27 Copies of annual report and special report\n\nS. 27(1) amended by No. 20/2019 s. 53(1).\n\n(1) After the annual report of Fire Rescue Victoria has been laid before both Houses of Parliament, Fire Rescue Victoria must send a copy of the annual report to each person or body that has made contributions under this Act.\n\nS. 27(1A)(1B) inserted by No. 51/2005 s. 68, repealed by No. 58/2012 s. 110(2) (as amended by No. 81/2012 s. 114(2)(c)).\n\nS. 27(2) amended by No. 20/2019 s. 53(2).\n\n(2) Fire Rescue Victoria must, if required by the Minister, give the Minister information or a report upon any matter relating to its activities or to the administration of this Act.\n\nHeading preceding s. 28 substituted by No. 24/1997 s. 27, repealed by No. 2/2024 s. 8.\n\nNos 3682 s. 33, 5040 s. 18.\n\nS. 28 substituted by No. 24/1997 s. 28, repealed by No. 20/2019 s. 54.\n\nNos 3682  \ns. 34, 5040  \ns. 18, 5316  \ns. 4(1).\n\nS. 29 amended by Nos 8019 s. 4, 9599 s. 3(a), substituted by No. 24/1997  \ns. 28, repealed by No. 20/2019 s. 54.\n\nNos 3682 s. 35, 5040 s. 18.\n\nS. 30 amended by Nos 7926 ss 5(c), 7, substituted by No. 24/1997 s. 28, repealed by No. 20/2019 s. 54.\n\nNos 3682 s. 36, 5040 s. 18.\n\nS. 31 amended by Nos 7926 s. 5(c), 10149 s. 23(1)(a)(b) (c)(i)(ii), substituted by No. 24/1997  \ns. 28, repealed by No. 20/2019 s. 54.\n\nS. 31(2) repealed by No. 5/2012 s. 72.\n\nS. 31A (Heading) amended by No. 20/2019 s. 86(1).\n\nS. 31A inserted by No. 10149 s. 23(2), amended by Nos 50/1989  \ns. 30, 2/1995 s. 19(2)(3), 24/1997  \ns. 56, 73/2010 s. 58(1), substituted by No. 5/2012 s. 73, amended by No. 20/2019 s. 86(2)(3).\n\n","sortOrder":49},{"sectionNumber":"31A","sectionType":"section","heading":"Delegation of powers by Fire Rescue Commissioner","content":"\t31A Delegation of powers by Fire Rescue Commissioner\n\nThe Fire Rescue Commissioner may, by written instrument, delegate to any person by name or to the holder of an office or position, either generally or as otherwise provided by the instrument, any power or authority conferred on the Fire Rescue Commissioner under this Act or the regulations or under any other Act or any regulations under that Act, except this power of delegation.\n\nS. 32 (Heading) inserted by No. 20/2019 s. 143(2)(f).\n\nS. 32 substituted by No. 7926 s. 8(1), amended by Nos 10149 s. 23(3), 24/1997  \ns. 56, 20/2019 s. 87.\n\n","sortOrder":50},{"sectionNumber":"32","sectionType":"section","heading":"Powers of access","content":"\t32 Powers of access\n\nWithin the Fire Rescue Victoria fire district Fire Rescue Victoria or any person authorized for the purpose by Fire Rescue Victoria shall at all reasonable times have free access to any land building premises or other place for the purpose of ascertaining whether this Act and the regulations and any other law relating to—\n\n(a) the storage of explosives;\n\n(b) the storage of radioactive substances;\n\n(c) the storage of inflammable liquids or substances; and\n\n(d) the prevention of fire or the protection of life or property in the case of fire—\n\nare being complied with.\n\nS. 32AA inserted by No. 73/2010 s. 56.\n\n\t32AA Duty to warn the community\n\nS. 32AA(1) amended by Nos 5/2012 s. 74, 20/2019 s. 88(a)(c).\n\n(1) Fire Rescue Victoria must issue warnings and provide information in relation to fires in the Fire Rescue Victoria fire district if—\n\nS. 32AA(1)(a) repealed by No. 73/2013 s. 90(c).\n\nS. 32AA(1)(b) amended by No. 20/2019 s. 88(b).\n\n(b) Fire Rescue Victoria considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property.\n\nS. 32AA(2) amended by Nos 73/2013 s. 90(d), 20/2019 s. 88(a).\n\n(2) Fire Rescue Victoria 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).\n\nHeading preceding s. 32A  \ninserted by No. 10149 s. 24(1).\n\n*Alarm of fire*\n\nS. 32A inserted by No. 10149 s. 24(1).\n\n","sortOrder":51},{"sectionNumber":"32A","sectionType":"section","heading":"Meaning of *alarm of fire*","content":"\t32A Meaning of *alarm of fire*\n\nIn sections 32B, 32C and 32D, ***alarm of fire*** means any call for assistance at a fire, accident, explosion or other emergency.\n\nS. 32B inserted by No. 10149 s. 24(1).\n\n","sortOrder":52},{"sectionNumber":"32B","sectionType":"section","heading":"Action on alarm of fire","content":"\t32B Action on alarm of fire\n\nS. 32B(1) substituted by No. 24/1997  \ns. 29(1), amended by No. 20/2019 s. 89(1).\n\n(1) For the purposes of this section, Fire Rescue Victoria is responsible for the control and direction of all members of units in the Fire Rescue Victoria fire district.\n\nS. 32B(2) substituted by No. 24/1997  \ns. 29(1), amended by No. 20/2019 s. 89(1)(a).\n\n(2) On an alarm of fire being received by a unit, those members of the unit specified by Fire Rescue Victoria must, with the appliances and equipment specified by Fire Rescue Victoria, proceed with all practical speed to the scene of the alarm of fire.\n\nS. 32B(3) amended by No. 24/1997  \ns. 29(2)(a).\n\n(3) At the scene of an alarm of fire the senior member of the operational staff—\n\n(a) shall endeavour by all practical means to have any fire suppressed and any person or property in jeopardy saved;\n\nS. 32B(3)(b) substituted by No. 24/1997  \ns. 29(2)(b).\n\n(b) shall have the control and direction of any unit present and of all persons assisting any unit or units at the scene;\n\n(c) may, for the purposes of dealing with any alarm of fire, cause—\n\n(i) any land building structure vessel or vehicle to be entered upon or into (if necessary by force), taken possession of, shored up, pulled down, otherwise destroyed or removed;\n\n(ii) any vehicle or equipment to be taken through upon or into any land building structure vessel or vehicle;\n\n(iii) water to be shut off from any main pipe or other source of supply in order to obtain a greater pressure or supply of water; and\n\nS. 32B(3)(c)(iv) amended by No. 2/1995 s. 22(e).\n\n(iv) any road waterway railway or tramway to be closed to traffic or any main pipeline conduit or conductor of gas electricity oil or any source of power fuel or energy to be shut off;\n\nS. 32B(3)(d) amended by No. 24/1997  \ns. 29(2)(c).\n\n(d) may order to withdraw any persons who interfere by their presence or otherwise with the operation of the unit or units, and cause to be removed any persons who fail or refuse to comply with any such order to withdraw; and\n\n(e) may take such other measures as appear necessary for the protection of life and property.\n\n(4) A person shall not be liable to any penalty or claim by reason of any action taken under subsection (3)(c)(iii) or (iv).\n\nS. 32B(5) amended by Nos 24/1997  \ns. 29(3), 63/1997  \ns. 10(4)(Sch. item 3.2), 23/2003 s. 28(2) (as amended by No. 29/2006 s. 3(Sch. 1 item 31), 45/2010 s. 52, 10/2016 s. 179(Sch. 1 item 6), 20/2019 s. 89(1)(b), 19/2022 s. 91.\n\n(5) Where the scene of an alarm of fire is land which by virtue of section 4(2) is part of the Fire Rescue Victoria fire district, or is a vessel berthed adjacent to such land, the senior member of the operational staff shall so far as practicable consult with an officer of Ports Victoria (within the meaning of the **Transport Integration Act 2010**) designated for that purpose by Ports Victoria.\n\nS. 32B(5A) inserted by No. 98/2004 s. 41, amended by No. 32/2023 s. 101.\n\n(5A) For the purposes of this section, an alarm of fire from Triple Zero Victoria is to be taken not to have been received by a particular unit until a message in the prescribed form is received by the unit from Triple Zero Victoria.\n\nS. 32B(6) amended by Nos 24/1997  \ns. 29(3), 20/2019 s. 89(2).\n\n(6) In this section, ***senior member of the operational staff***, in relation to the scene of an alarm of fire, means the person determined in accordance with the directions of Fire Rescue Victoria to be the senior member of the operational staff at the scene.\n\nS. 32C (Heading) inserted by No. 73/2010 s. 58(2), amended by Nos 5/2012 s. 75, 20/2019 s. 90(1).\n\nS. 32C inserted by No. 10149 s. 24(1).\n\n","sortOrder":53},{"sectionNumber":"32C","sectionType":"section","heading":"Destruction of building by Fire Rescue Victoria","content":"\t32C Destruction of building by Fire Rescue Victoria\n\nS. 32C(1) substituted by No. 24/1997  \ns. 30, amended by No. 20/2019 s. 90(2).\n\n(1) If a fire has been recently extinguished, Fire Rescue Victoria may cause any building or structure—\n\n(a) which has been damaged by the fire; and\n\nS. 32C(1)(b) amended by No. 20/2019 s. 90(2).\n\n(b) which Fire Rescue Victoria reasonably believes is or may become dangerous to life or property because of that damage—\n\nto be shored up, pulled down or otherwise destroyed or removed.\n\nS. 32C(1A) inserted by No. 24/1997  \ns. 30, amended by No. 20/2019 s. 90(2).\n\n(1A) For the purposes of subsection (1), Fire Rescue Victoria may do or cause to be done anything which the senior member of the operational staff at the scene of an alarm of fire may do or cause to be done under section 32B(3)(c).\n\nS. 32C(2) amended by No. 20/2019 s. 90(3).\n\n(2) Fire Rescue Victoria may sell or dispose of any material salvaged from any building or structure shored up, pulled down, otherwise destroyed or removed under this section or section 32B.\n\nS. 32C(3) amended by No. 20/2019 s. 90(4).\n\n(3) The proceeds of a sale or disposal under this section shall be applied towards any expenses incurred by Fire Rescue Victoria in relation to the shoring up, pulling down, other destruction or removal, and any surplus shall be paid by Fire Rescue Victoria to the owner of the building or structure.\n\nS. 32C(4) amended by No. 20/2019 s. 90(4).\n\n(4) The owner of a building or structure shored up, pulled down, otherwise destroyed or removed under this section shall pay to Fire Rescue Victoria—\n\nS. 32C(4)(a) amended by No. 20/2019 s. 90(4).\n\n(a) the expenses incurred by Fire Rescue Victoria in relation to the shoring up, pulling down, other destruction or removal and remaining after the application of the proceeds of a sale or disposal under this section; or\n\nS. 32C(4)(b) amended by No. 20/2019 s. 90(4).\n\n(b) where there has been no sale or disposal under this section, the whole of the expenses incurred by Fire Rescue Victoria in relation to the shoring up, pulling down, other destruction or removal.\n\nS. 32D inserted by No. 10149 s. 24(1), substituted by No. 50/1989 s. 44(3), amended by Nos 57/1989 s. 3(Sch. item 133.2), 24/1997  \ns. 31, 52/1998  \ns. 311(Sch. 1 item 62.1), substituted by No. 5/2012 s. 76.\n\n","sortOrder":54},{"sectionNumber":"32D","sectionType":"section","heading":"False alarm of fire","content":"\t32D False alarm of fire\n\nS. 32D(1) amended by No. 20/2019 s. 91(1).\n\n(1) This section applies if a unit in the Fire Rescue Victoria fire district responds to a false alarm of fire at a premises given by or originating from—\n\n(a) an automatic fire alarm system; or\n\n(b) equipment designed to detect a fire or other emergency conditions and transmit a signal of that detection.\n\nS. 32D(2) amended by No. 20/2019 s. 91(2)(3).\n\n(2) Fire Rescue Victoria may, by written notice, require the owner, occupier or owners corporation of the premises to provide details of the circumstances of the false alarm of fire to Fire Rescue Victoria.\n\nS. 32D(3) amended by No. 20/2019 s. 91(3).\n\n(3) A person who receives a notice under subsection (2) may provide Fire Rescue Victoria with an explanation of the circumstances of the false alarm of fire and any information supporting the explanation including maintenance and testing records.\n\nS. 32D(4) amended by No. 20/2019 s. 91(2).\n\n(4) Fire Rescue Victoria is not required to consider an explanation given by a person under subsection (3) unless it is—\n\n(a) in writing; and\n\nS. 32D(4)(b) amended by No. 20/2019 s. 91(3).\n\n(b) provided to Fire Rescue Victoria within 14 days after the person has received the notice under subsection (2).\n\nS. 32D(5) amended by No. 20/2019 s. 91(3).\n\n(5) After the expiry of the period provided under subsection (4)(b) for the provision of an explanation, Fire Rescue Victoria must consider whether or not there was a reasonable excuse for the occurrence of the false alarm having regard to—\n\n(a) subject to subsection (4), any explanation and information provided by the person under subsection (3); and\n\n(b) any report of the member of the operational staff who attended at the false alarm of fire at the premises; and\n\n(c) the history of any attendances at the premises; and\n\nS. 32D(5)(d) amended by No. 20/2019 s. 91(3).\n\n(d) any other information that Fire Rescue Victoria considers is relevant.\n\nS. 32D(6) amended by No. 20/2019 s. 91(3).\n\n(6) If, after considering the matters referred to in subsection (5), Fire Rescue Victoria is not satisfied that there was a reasonable excuse for the occurrence of the false alarm of fire, Fire Rescue Victoria may by written notice require the person to whom the notice under subsection (2) was given to pay to Fire Rescue Victoria the fees and charges prescribed for the attendance of the unit in response to the false alarm.\n\nS. 32D(7) amended by No. 20/2019 s. 91(3).\n\n(7) A person who receives a notice under subsection (6) may apply to VCAT for review of the decision of Fire Rescue Victoria to issue the notice.\n\n(8) An application under subsection (7) for a review must be made within 28 days after the later of—\n\n(a) the day on which the applicant is notified of the decision; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the applicant requests a statement of reasons for the decision—the day on which—\n\n(i) the statement of reasons is given to the applicant; or\n\n(ii) the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nS. 33 substituted by No. 7926 s. 8(1), amended by Nos 9928 s. 2(2), 10043 s. 8(a)(b), substituted by No. 10149 s. 24(1), repealed by No. 50/1989 s. 44(4), new s. 33 inserted by No. 5/2012 s. 77.\n\n","sortOrder":55},{"sectionNumber":"33","sectionType":"section","heading":"False report of fire","content":"\t33 False report of fire\n\nS. 33(1) amended by No. 20/2019 s. 92(1).\n\n(1) A person must not give or cause to be given a false report of a fire to a unit in the Fire Rescue Victoria fire district knowing the report to be false.\n\nS. 33(2) amended by No. 20/2019 s. 92(2).\n\n(2) In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under subsection (1) to pay to Fire Rescue Victoria—\n\n(a) the fees and charges prescribed for the attendance of the unit in response to the false report; or\n\n(b) a lesser amount as the court thinks fit.\n\nHeading preceding s. 33A  \ninserted by No. 9599 s. 3(b), repealed by No. 24/1997  \ns. 32(1).\n\nS. 33A inserted by No. 9599 s. 3(b), amended by Nos 47/1992 s. 25(4)(a), 83/1992 s. 184(Sch. 6 item 14.1(a)(b)  \n(i)(ii)), 2/1995 s. 22(b), 59/1996  \ns. 10(Sch. 2 item 15.1, 15.2), repealed by No. 24/1997 s. 32(2), new s. 33A inserted by No. 20/2019 s. 55.\n\n","sortOrder":56},{"sectionNumber":"33A","sectionType":"section","heading":"Strategic Advisory Committee","content":"\t33A Strategic Advisory Committee\n\n(1) The Strategic Advisory Committee is established by this section.\n\n(2) The Strategic Advisory Committee consists of up to 7 members appointed under section 33B.\n\n(3) The Minister must appoint one of the members of the Strategic Advisory Committee to be the Chairperson of the Committee.\n\nS. 33B inserted by No. 20/2019 s. 55.\n\n","sortOrder":57},{"sectionNumber":"33B","sectionType":"section","heading":"Appointment of members of the Strategic Advisory Committee","content":"\t33B Appointment of members of the Strategic Advisory Committee\n\n(1) The members of the Strategic Advisory Committee are to be appointed by the Minister.\n\n(2) In appointing the members of the Strategic Advisory Committee, the Minister must have regard to the mix of knowledge, skills and experience of the Committee as a whole including, but not limited to, the following matters—\n\n(a) organisational governance, performance and culture;\n\n(b) workforce diversity and flexibility;\n\n(c) fire or emergency services.\n\n(3) The Minister must not appoint a person as a member of the Strategic Advisory Committee if the person is—\n\n(a) an officer or employee of a fire services agency; or\n\n(b) an officer or employee of an industrial body that is responsible for an enterprise agreement that applies to a fire services agency; or\n\n(c) an officer or official of Volunteer Fire Brigades Victoria Incorporated.\n\n(4) A member of the Strategic Advisory Committee holds office for the period, not exceeding 5 years, specified in the member's instrument of appointment.\n\n(5) A member of the Strategic Advisory Committee is entitled to receive—\n\nfixed by the Minister.\n\n(6) A member of the Strategic Advisory Committee is eligible for reappointment.\n\n(7) A member of the Strategic Advisory Committee holds office on the terms and conditions specified in the member's instrument of appointment.\n\n(8) A member of the Strategic Advisory Committee who is a public sector employee within the meaning of the **Public Administration Act 2004** is not entitled to remuneration in respect of the member's appointment.\n\n(9) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of the Strategic Advisory Committee in respect of the office of member.\n\nS. 33C inserted by No. 20/2019 s. 55.\n\n","sortOrder":58},{"sectionNumber":"33C","sectionType":"section","heading":"Strategic Advisory Committee is a public entity","content":"\t33C Strategic Advisory Committee is a public entity\n\nThe Strategic Advisory Committee is a public entity for the purposes of the **Public Administration Act 2004**.\n\nS. 33D inserted by No. 20/2019 s. 55.\n\n","sortOrder":59},{"sectionNumber":"33D","sectionType":"section","heading":"Resignation of members of the Strategic Advisory Committee","content":"\t33D Resignation of members of the Strategic Advisory Committee\n\n(1) A member of the Strategic Advisory Committee may resign from membership by signed letter delivered to the Minister.\n\n(a) on the day the letter is received by the Minister; or\n\nS. 33E inserted by No. 20/2019 s. 55.\n\n","sortOrder":60},{"sectionNumber":"33E","sectionType":"section","heading":"Ceasing to hold office—removal","content":"\t33E Ceasing to hold office—removal\n\nA member of the Strategic Advisory Committee may be removed from office by the Minister at any time and for any reason.\n\nS. 33F inserted by No. 20/2019 s. 55.\n\n","sortOrder":61},{"sectionNumber":"33F","sectionType":"section","heading":"Role of the Strategic Advisory Committee","content":"\t33F Role of the Strategic Advisory Committee\n\nThe role of the Strategic Advisory Committee is to provide advice to Fire Rescue Victoria on the following matters—\n\n(a) cultural change within Fire Rescue Victoria;\n\n(b) workforce diversity and flexibility within Fire Rescue Victoria;\n\n(c) organisational governance of Fire Rescue Victoria;\n\n(d) Fire Rescue Victoria's engagement and integration with the broader emergency services sector;\n\n(e) the future direction of Fire Rescue Victoria, including emerging opportunities and risks;\n\n(f) matters relevant to Fire Rescue Victoria on which Fire Rescue Victoria seeks advice;\n\n(g) any other matter relevant to Fire Rescue Victoria.\n\nS. 33G inserted by No. 20/2019 s. 55.\n\n","sortOrder":62},{"sectionNumber":"33G","sectionType":"section","heading":"Strategic Advisory Committee terms of reference","content":"\t33G Strategic Advisory Committee terms of reference\n\n(1) The Minister must develop terms of reference for the Strategic Advisory Committee in consultation with the Fire Rescue Commissioner.\n\n(2) The terms of reference for the Strategic Advisory Committee must include details of the following—\n\n(a) the procedures to be followed by the Committee, including in relation to its meetings;\n\n(b) the Committee's strategic focus for the 12 months after the terms of reference are developed;\n\n(c) procedures for dealing with conflicts of interest.\n\n(3) The Minister must review the terms of reference for the Strategic Advisory Committee at least once each year, in consultation with the Fire Rescue Commissioner.\n\n(4) The Strategic Advisory Committee must conduct its meetings, and carry out other procedures, in accordance with the terms of reference.\n\n*Regulations*\n\nNos 3682 s. 39, 4519 s. 6, 5040 s. 18, 5217 s. 2, 5316 s. 4(2), 5419 s. 3, 5829 s. 2(2)(d).\n\nS. 34 amended by No. 7885 s. 4(a).\n\n\t34 Power to make regulations\n\n(1) The Governor in Council may as to the whole or any part of Victoria make regulations for all or any of the following purposes—\n\nS. 34(1)(a) repealed by No. 24/1997  \n\nS. 34(1)(b) amended by Nos 8019 s. 5(1)(a), 9599 s. 3(c)(i), substituted by No. 24/1997  \n\n(b) For the appointment, promotion, probation, transfer, suspension and removal of employees of Fire Rescue Victoria;\\\n\nS. 34(1)(ba) inserted by No. 24/1997  \n\n(ba) For the examination of employees of Fire Rescue Victoria and members of units;\n\nS. 34(1)(c) amended by No. 9599 s. 3(c)(ii), substituted by No. 24/1997  \n\n(c) For regulating the duties and conduct of employees of Fire Rescue Victoria and members of units;\n\nS. 34(1)(ca) inserted by No. 9599 s. 3(c)(iii), amended by Nos 47/1992 s. 25(4)(b), 83/1992 s. 184(Sch. 6 item 14.2(a)(b)), 2/1995 s. 22(b), 59/1996  \ns. 10(Sch. 2 item 15.1), repealed by No. 24/1997  \n\nS. 34(1)(d) amended by No. 10043 s. 9(a)(i), substituted by No. 50/1989 s. 44(5).\n\n(d) for the provision of training or training facilities and the issue of any certificate or qualification after the completion of any course of training and the prescribing of the fees and charges payable in relation thereto;\n\nS. 34(1)(e) amended by Nos 10043 s. 9(a)(ii), 10, 2/1995 s. 22(b), repealed by No. 24/1997  \n\nS. 34(1)(f) repealed by No. 24/1997  \n\nS. 34(1)(g) repealed by No. 24/1997  \n\nS. 34(1)(h) repealed by No. 10043 s. 12(2),  \nnew s. 34(1)(h) inserted by No. 2/1995 s. 19(4).\n\n(h) in relation to fire prevention notices, for—\n\n(i) things or classes of things in respect of which notices may not be served;\n\n(ii) the matters which may be dealt with in notices, including the steps that owners or occupiers may be required to take;\n\n(iii) the form and content of notices;\n\n(iv) the form of, and particulars to be included in, a notice under section 88(3)(b);\n\nS. 34(1)(i) amended by Nos 24/1997  \ns. 33(1)(c), 20/2019 s. 93(1).\n\n(i) for dividing the Fire Rescue Victoria fire district into sections or divisions and for establishing stations;\n\nS. 34(1)(j) amended by No. 5/2012  \ns. 78(1).\n\n(j) for ensuring discipline and good conduct amongst members of units, and for ensuring their speedy attendance with engines fire-escapes and all necessary apparatus and implements on the occasion of any alarm of fire, and generally for the maintenance of units in a due state of efficiency;\n\nS. 34(1)(k) substituted by No. 24/1997  \ns. 33(1)(d), amended by No. 5/2012 s. 78(2).\n\n(k) For the establishment and registration of units;\n\nS. 34(1)(l) repealed by No. 24/1997  \n\nS. 34(1)(m) repealed by No. 24/1997  \n\nS. 34(1)(n) substituted by No. 50/1989 s. 44(6), amended by No. 20/2019 s. 93(2).\n\n(n) for prescribing the basis on which the cost of attending at a hazardous material incident or toxic fire incident the whole or part of which is not a fire within the meaning of section 3(1) is to be determined and prescribing the fees and charges to be paid to Fire Rescue Victoria for that attendance;\n\nS. 34(1)(o) substituted by Nos 50/1989 s. 44(6), 5/2012 s. 78(3), amended by No. 20/2019 s. 93(2).\n\n(o) for prescribing, or authorising Fire Rescue Victoria to fix, the fees and charges to be paid to Fire Rescue Victoria for—\n\nS. 34(1)(o)(i) amended by No. 20/2019 s. 93(2).\n\n(i) the inspection by Fire Rescue Victoria of plans, premises and equipment for the prevention or suppression of fire;\n\nS. 34(1)(o)(ii) amended by No. 20/2019 s. 93(2).\n\n(ii) any service Fire Rescue Victoria is empowered to provide under this or any other Act;\n\nS. 34(1)(o)(iii) amended by No. 20/2019 s. 93(3).\n\n(iii) any other service rendered by Fire Rescue Victoria or employees of Fire Rescue Victoria (whether within or outside Victoria);\n\nS. 34(1)(oa) inserted by No. 9928 s. 11(2), amended by No. 24/1997  \ns. 33(1)(e), substituted by No. 5/2012 s. 78(3).\n\n(oa) for prescribing, for the purposes of this Act, the fees and charges of any unit in relation to attendance at any fire, answering any alarm or responding to any report of a fire;\n\nS. 34(1)(ob) inserted by No. 9928 s. 11(2), substituted by No. 5/2012 s. 78(3), amended by No. 20/2019 s. 93(4).\n\n(ob) for prescribing the information that an alarm monitoring service must provide to Fire Rescue Victoria for the purposes of section 78 and the period of time within which that information must be provided;\n\nS. 34(1)(p) amended by Nos 10043 s. 9(a)(iii), 39/1992 s. 23(2)(a), repealed by No. 24/1997  \n\nS. 34(1)(pa) inserted by No. 39/1992 s. 23(2)(b), amended by Nos 24/1997  \ns. 33(1)(f), 20/2019 s. 93(4).\n\n(pa) for prescribing the insignia and the use of the insignia of Fire Rescue Victoria;\n\nS. 34(1)(q) repealed by No. 24/1997  \n\nS. 34(1)(r) repealed by No. 24/1997  \n\n(s) for managing and regulating the distribution of all revenue received under the provisions of this Act;\n\nS. 34(1)(t) repealed by No. 58/2012 s. 110(1).\n\n(u) for altering any date prescribed by this Act for the doing or performance of any duty to any other date;\n\nS. 34(1)(ua) inserted by No. 7885 s. 4(b).\n\n(ua) for prescribing forms for the purposes of this Act;\n\nS. 34(1)(v) repealed by No. 8019 s. 5(1)(b).\n\nS. 34(1)(w) repealed by No. 24/1997  \n\nS. 34(1)(x) substituted by No. 24/1997  \ns. 33(1)(g), amended by No. 20/2019 s. 93(5).\n\n(x) For appeals to the Fire Rescue Victoria Appeals Commission, including the period and procedure for making an appeal;\n\nS. 34(1)(xa) inserted by No. 24/1997  \ns. 33(1)(g).\n\n(xa) For hearings under section 78C;\n\n(y) and generally for the purposes of carrying into effect the objects of this Act.\n\nS. 34(2) inserted by No. 7885 s. 4(c), repealed by No. 58/2012 s. 110(1).\n\nS. 34(3) inserted by No. 39/1992 s. 23(3), amended by No. 24/1997  \ns. 33(2).\n\n(3) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of the Parliament in accordance with the requirements of section 23 of the **Subordinate Legislation Act 1994**, which disallowance shall be deemed disallowance by Parliament for the purposes of that Act.\n\nS. 35 amended by No. 6886 s. 3, repealed by No. 24/1997  \ns. 34.\n\nHeading preceding s. 36  \ninserted by No. 10149 s. 25(b).\n\n*Financial*\n\nNos 3682 s. 41, 4519 s. 4(2), 5040 s. 18.\n\nS. 36 substituted by No. 43/1987 s. 9(2)(a).\n\n","sortOrder":63},{"sectionNumber":"36","sectionType":"section","heading":"Annual estimate of expenditure and revenue","content":"\t36 Annual estimate of expenditure and revenue\n\nS. 36(1) substituted by No. 58/2012 s. 104, amended by Nos 43//2015 s. 33(1), 20/2019 s. 94(1), 16/2025 s. 22(2)(a).\n\n(1) For the purposes of enabling the Minister administering the **Emergency Services and Volunteers Fund Act 2012** to determine the levy rate under that Act, Fire Rescue Victoria must provide the Minister with an estimate of—\n\nS. 36(1)(a) amended by No. 20/2019 s. 94(1).\n\n(a) the expenditure which may be incurred by Fire Rescue Victoria in the execution of this Act during the next financial year (including any amounts payable into any fund under this Act); and\n\nS. 36(1)(b) amended by No. 20/2019 s. 94(1).\n\n(b) the revenue of Fire Rescue Victoria during the next financial year (including the amounts payable into any fund under this Act).\n\nS. 36(1A) inserted by No. 58/2012 s. 104, amended by No. 20/2019 s. 94(2).\n\n(1A) Fire Rescue Victoria must provide the Minister with an estimate under subsection (1) by the date specified by the Minister.\n\nS. 36(2) amended by No. 43/2015 s. 33(2).\n\n(2) The Minister must determine the total amounts of contributions payable under section 37 having regard to the estimates under subsection (1) and to any other matters as the Minister thinks fit.\n\nS. 37 amended by No. 7885 s. 5, substituted by No. 8476 s. 4(1).\n\n","sortOrder":64},{"sectionNumber":"37","sectionType":"section","heading":"Contributions towards annual expenditure","content":"\t37 Contributions towards annual expenditure\n\nS. 37(1) amended by No. 43/1987 s. 9(2)(b).\n\n(1) The sum required to meet the total amount of contributions shall be contributed as follows—\n\nS. 37(1)(a) substituted by No. 16/2025 s. 22(2)(b).\n\n(a) funded by the levy under the **Emergency Services and Volunteers Fund Act 2012** as specified in section 12(2C) of that Act;\n\nS. 37(1)(b) amended by No. 12/1989 s. 4(1)(Sch. 2 items 79.6, 79.7), substituted by Nos 58/2012 s. 105(1), 16/2025 s. 22(2)(b).\n\n(b) the remainder funded by the State from the Consolidated Fund.\n\nS. 37(1)(c) repealed by No. 58/2012 s. 105(1).\n\nS. 37(2) amended by Nos 91/1989 s. 5(1), 20/2019 s. 95.\n\n(2) The amounts to be contributed pursuant to subsections (1)(a) and (1)(b) shall be paid to Fire Rescue Victoria by equal quarterly payments on the 1st day of July, October, January and April in each year.\n\nS. 37(3) inserted by No. 58/2012 s. 105(2), repealed by No. 58/2012 s. 110(1).\n\nS. 38 amended by Nos 12/1989 s. 4(1)(Sch. 2 items 79.8 (as amended by No. 13/1990 s. 38(2)(j)), 79.9),  \n50/1989 s. 31, repealed by No. 58/2012 s. 110(1).\n\nS. 39 amended by No. 12/1989 s. 4(1)(Sch. 2 items 79.10–79.13), repealed by No. 58/2012 s. 110(1).\n\nS. 40 amended by Nos 7885 s. 6(a)(b), 9727 s. 6, 9928 s. 7(2), 43/1987 s. 14(2)(a), 50/1989 s. 32, substituted by No. 91/1989 s. 5(2), amended by Nos 51/2005 ss 69, 70, 58/2012 s. 106, repealed by No. 58/2012 s. 110(1).\n\nS. 40A inserted by No. 91/1989 s. 5(2), amended by No. 24/1997  \ns. 59,  \n\nS. 40B inserted by No. 91/1989 s. 5(2), repealed by No. 58/2012 s. 110(1).\n\nS. 41 amended by No. 7885 s. 7, substituted by No. 91/1989 s. 5(2), amended by Nos 49/2002 s. 26, 64/2010 s. 23(1), 58/2012 s. 107, repealed by No. 58/2012 s. 110(1).\n\nS. 42 amended by Nos 9928 s. 8(2), 43/1987 ss 7(2)(a)  \n(i)–(iii)(b), 14(2)(b), 12/1989 s. 4(1)(Sch. 2 item 79.14), 50/1989 s. 33, substituted by No. 91/1989 s. 5(2), amended by No. 49/2002 s. 27,  \n\nS. 43 amended by Nos 43/1987 s. 14(2)(c), 12/1989 s. 4(1)(Sch. 2 item 79.15), substituted by No. 91/1989 s. 5(2), amended by No. 64/2010 s. 24,  \n\nS. 44 amended by Nos 7885 s. 9(2), 24/1997  \ns. 58(1), repealed by No. 58/2012 s. 110(1).\n\nS. 44A inserted by No. 7885 s. 8, amended by Nos 9928 s. 9(2)(3), 43/1987 s. 14(2)(d)(i)(ii), 50/1989 s. 34(a)(b), substituted by No. 91/1989 s. 5(3), amended by No. 5/1991 s. 4(2)-(5), 51/2005 s. 71, repealed by No. 58/2012 s. 110(1).\n\nS. 45 substituted by No. 43/1987 s. 8(2), amended by Nos 12/1989 s. 4(1)(Sch. 2 items 79.16–79.18), 50/1989 s. 35, substituted by No. 91/1989 s. 5(3), amended by Nos 39/1992 s. 21, 49/2002 s. 28 (ILA s. 39B(1)), 64/2010 s. 25, repealed by No. 58/2012 s. 110(1).\n\nS. 45A inserted by No. 49/2002 s. 29, amended by Nos 73/2010 s. 57, 73/2013 s. 90(e),  \n\nS. 46 (Heading) inserted by No. 20/2019 s. 143(2)(g).\n\nNos 3682, s. 51, 5040 s. 18, 5316 s. 5.\n\nS. 46 amended by Nos 6568 s. 2(a)(b), 6614 s. 2, 7864 s. 3(a)(b), 8019 s. 6, 8753 s. 2, 9727 s. 3, 9928 s. 10(2)(a)  \n(i)–(iii), 43/1987 s. 13(2), 50/1989 s. 36, substituted by No. 99/1993 s. 17.\n\n","sortOrder":65},{"sectionNumber":"46","sectionType":"section","heading":"Borrowing by Fire Rescue Victoria","content":"\t46 Borrowing by Fire Rescue Victoria\n\nS. 46(1) amended by No. 20/2019 s. 96(1).\n\n(1) Fire Rescue Victoria may obtain financial accommodation subject to and in accordance with the **Borrowing and Investment Powers Act 1987**.\n\nS. 46(2) amended by No. 20/2019 s. 96(2).\n\n(2) The payment of amounts payable as a result of or in connection with financial accommodation obtained by Fire Rescue Victoria (including the expenses of enforcement) are secured as a first charge on the property and revenue of Fire Rescue Victoria.\n\nS. 46(3) amended by No. 20/2019 s. 96(2).\n\n(3) The amounts secured under subsection (2) include amounts (and interest) borrowed by Fire Rescue Victoria before the commencement of section 17 of the **Borrowing and Investment Powers** **(Amendment) Act 1993**.\n\nS. 47 (Heading) inserted by No. 20/2019 s. 143(2)(h).\n\nNos 3682 s. 52, 5040 s. 18, 5753 s. 2.\n\nS. 47 amended by Nos 9928 s. 10(2)(b)  \n(i)–(v), 58/2012 s. 108, 20/2019 s. 97.\n\n","sortOrder":66},{"sectionNumber":"47","sectionType":"section","heading":"Power of Minister in case of default","content":"\t47 Power of Minister in case of default\n\nIf Fire Rescue Victoria at any time makes default in paying any principal money or interest secured by any debenture, the Minister shall be entitled to receive from the Treasurer of Victoria either the whole of the annual contributions which would otherwise have been payable to Fire Rescue Victoria or such part thereof as the Treasurer of Victoria determines to be necessary for the purposes of paying any principal money or interest in arrear and shall apply to such purposes the moneys so received.\n\nThis section shall not be deemed to take away any right of action or procedure which any debenture holder at any time has in respect of the property and revenue of Fire Rescue Victoria.\n\nS. 47A (Heading) inserted by No. 20/2019 s. 143(2)(i).\n\nS. 47A inserted by No. 45/1986 s. 14.\n\n","sortOrder":67},{"sectionNumber":"47A","sectionType":"section","heading":"Guarantee of debentures of Fire Rescue Victoria","content":"\t47A Guarantee of debentures of Fire Rescue Victoria\n\nS. 47A(1) amended by Nos 99/1993 s. 18(a)(b), 20/2019 s. 98.\n\n(1) The due repayment of the principal and the payment of the interest secured by any debentures issued by Fire Rescue Victoria before the commencement of section 18 of the **Borrowing and Investment Powers (Amendment) Act 1993** in accordance with section 46, and the due repayment of any overdraft obtained by Fire Rescue Victoria in accordance with that section as so in force, and the payment of interest on any such overdraft, is guaranteed by the Government of Victoria.\n\n(2) Money required by the Treasurer of Victoria for fulfilling any such guarantee shall be paid out of the Consolidated Fund, which is hereby to the necessary extent appropriated accordingly.\n\nS. 47A(3) amended by No. 20/2019 s. 98.\n\n(3) When sufficient money becomes properly available to it, including money received under section 47, Fire Rescue Victoria must reimburse the Treasurer for any such payment, and the Treasurer must pay into the Consolidated Fund any money so reimbursed.\n\nS. 48  \nrepealed by No. 50/1989 s. 29(2).\n\nHeading preceding s. 49  \nrepealed by No. 10149 s. 25(c).\n\nS. 49 amended by No. 9928 s. 10(2)(c)  \n(i)–(vi), repealed by No. 99/1993 s. 18(c).\n\nS. 50 amended by Nos 9727 s. 4(a)(b), 29/1988 s. 57(13), repealed by No. 94/1990 s. 40(10).\n\nS. 51 (Heading) inserted by No. 20/2019 s. 143(2)(j).\n\nNos 4519 s. 4, 5040 s. 18.\n\nS. 51 substituted by No. 43/1987 s. 10(3), amended by No. 20/2019 s. 99.\n\n","sortOrder":68},{"sectionNumber":"51","sectionType":"section","heading":"Fire Rescue Victoria may establish funds","content":"\t51 Fire Rescue Victoria may establish funds\n\nFire Rescue Victoria may—\n\n(a) with the consent of the Governor in Council establish a Land, Building, Vehicle, Plant and Machinery Purchase, Construction, Renewal and Replacement Fund; and\n\n(b) pay into that fund such amounts as the Governor in Council approves either generally or in a particular case.\n\nS. 51A (Heading) inserted by No. 20/2019 s. 143(2)(k).\n\nS. 51A inserted by No. 43/1987 s. 11(2), substituted by No. 99/1993 s. 19, amended by No. 20/2019 s. 100.\n\n","sortOrder":69},{"sectionNumber":"51A","sectionType":"section","heading":"Investment by Fire Rescue Victoria","content":"\t51A Investment by Fire Rescue Victoria\n\nFire Rescue Victoria may invest money of Fire Rescue Victoria in accordance with powers conferred on it by the **Borrowing and Investment Powers Act 1987**.\n\n*General provisions*\n\nNos 3682 s. 54, 5040 s. 18.\n\nS. 52 substituted by No. 24/1997  \ns. 35.\n\n","sortOrder":70},{"sectionNumber":"52","sectionType":"section","heading":"Units to be registered","content":"\t52 Units to be registered\n\nAll units—\n\n(a) must conform to the laws affecting units; and\n\n(b) must be registered in the manner and subject to the conditions prescribed by the regulations; and\n\nS. 52(c) amended by No. 20/2019 s. 101.\n\n(c) are subject to inspection by any employee of Fire Rescue Victoria who is authorised by Fire Rescue Victoria to carry out inspections.\n\nS. 53 repealed by No. 24/1997 s. 36.\n\nNo. 3682 s. 56.\n\nS. 54 amended by No. 7926 s. 5(c), substituted by Nos 24/1997  \ns. 37,  \n5/2012  \ns. 79.\n\n","sortOrder":71},{"sectionNumber":"54","sectionType":"section","heading":"Damage to be covered by fire insurance","content":"\t54 Damage to be covered by fire insurance\n\n(1) This section applies if, in the exercise of any power or the performance of any duty conferred or imposed by or under this Act, damage to property is caused by—\n\nS. 54(1)(a) amended by No. 20/2019 s. 102.\n\n(a) the Fire Rescue Commissioner; or\n\n(b) an officer or member of—\n\n(i) a unit; or\n\n(ii) an interstate fire brigade; or\n\n(iii) an international fire brigade; or\n\n(c) a unit; or\n\n(d) an interstate fire brigade; or\n\nS. 54(1)(e) amended by No. 43/2015 s. 34(1)(a).\n\n(e) an international fire brigade; or\n\nS. 54(1)(f) inserted by No. 43/2015 s. 34(1)(b).\n\n(f) a State Response Controller (within the meaning of section 3 of the **Emergency Management Act 2013**) or any controller appointed or deployed under section 37 of that Act.\n\nNote to s. 54(1) inserted by No. 43/2015 s. 34(2).\n\n**Note**\n\nIn relation to paragraph (f), see section 37(7) of the Emergency Management Act 2013.\n\n(2) The damage is taken to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged.\n\n(3) Subsection (2) applies despite any clause or condition to the contrary contained in the policy of insurance.\n\nS. 54A inserted by No. 10043 s. 11, substituted by No. 24/1997  \ns. 37, amended by Nos 5/2012 s. 80, 20/2019 s. 103.\n\n","sortOrder":72},{"sectionNumber":"54A","sectionType":"section","heading":"Immunity from certain liabilities","content":"\t54A Immunity from certain liabilities\n\nThe Fire Rescue Commissioner, any member of a unit and any officer or member of an interstate fire brigade or international fire brigade are not personally liable for anything done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the discharge of a duty under section 32B, 32C, 55, 55A, 55B, 55C, 55D or 55E; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under that section.\n\nS. 55 (Heading) inserted by No. 20/2019 s. 143(2)(l).\n\nNos 3682 s. 57, 5040 s. 18.\n\nS. 55 amended by No. 10043 s. 9(b), substituted by No. 50/1989 s. 44(7), amended by No. 20/2019 s. 104, repealed by No. 39/2018 s. 43.\n\nS. 55A (Heading) inserted by No. 20/2019 s. 143(2)(m).\n\nS. 55A inserted by No. 50/1989 s. 44(7), amended by No. 20/2019 s. 105.\n\n","sortOrder":73},{"sectionNumber":"55A","sectionType":"section","heading":"Fire Rescue Victoria may provide rescue and extrication services","content":"\t55A Fire Rescue Victoria may provide rescue and extrication services\n\nFire Rescue Victoria may provide a rescue and extrication service for any person or property endangered as the result of an accident or explosion (other than a road accident) which does not involve the risk or existence of a fire.\n\nS. 55B (Heading) inserted by No. 20/2019 s. 143(2)(n).\n\nS. 55B inserted by No. 50/1989 s. 44(7) (as amended by No. 91/1989 s. 7(d)).\n\n","sortOrder":74},{"sectionNumber":"55B","sectionType":"section","heading":"Fire Rescue Victoria may provide road accident rescue services","content":"\t55B Fire Rescue Victoria may provide road accident rescue services\n\nS. 55B(1) amended by No. 20/2019 s. 106.\n\n(1) Fire Rescue Victoria may provide a road accident rescue service for persons involved in road accidents.\n\nS. 55B(2) amended by No. 20/2019 s. 106.\n\n(2) Fire Rescue Victoria may charge for the provision of services under subsection (1) in accordance with the regulations.\n\nS. 55C (Heading) inserted by No. 20/2019 s. 143(2)(o).\n\nS. 55C inserted by No. 50/1989 s. 44(7).\n\n","sortOrder":75},{"sectionNumber":"55C","sectionType":"section","heading":"Fire Rescue Victoria may provide protection services","content":"\t55C Fire Rescue Victoria may provide protection services\n\nS. 55C(1) amended by No. 20/2019 s. 107.\n\n(1) Fire Rescue Victoria may enter into an agreement with any person to provide any other property protection or loss mitigation service for the prevention of or to deal with the effects of any emergency or hazard.\n\nS. 55C(2) amended by No. 20/2019 s. 107.\n\n(2) Fire Rescue Victoria may charge for the provision of services under subsection (1) in accordance with the regulations.\n\nS. 55D (Heading) inserted by No. 20/2019 s. 143(2)(p).\n\nS. 55D inserted by No. 50/1989 s. 44(7), substituted by No. 24/1997  \ns. 38, amended by Nos 5/2012 s. 81, 20/2019 s. 108.\n\n","sortOrder":76},{"sectionNumber":"55D","sectionType":"section","heading":"Fire Rescue Victoria may provide emergency prevention and response services","content":"\t55D Fire Rescue Victoria may provide emergency prevention and response services\n\nWithout limiting any other power of Fire Rescue Victoria under this Act, Fire Rescue Victoria may provide emergency prevention and response services within the Fire Rescue Victoria fire district.\n\nS. 55E  \n(Heading) inserted by No. 5/2012 s. 82(1), amended by No. 20/2019 s. 109(1).\n\nS. 55A inserted by No. 10043 s. 12(1),  \nre-numbered as s. 55E by  \nNo. 50/1989 s. 44(8)(a).\n\n","sortOrder":77},{"sectionNumber":"55E","sectionType":"section","heading":"Activities outside Fire Rescue Victoria fire district","content":"\t55E Activities outside Fire Rescue Victoria fire district\n\nS. 55E(1) amended by Nos 24/1997  \ns. 39(1), 5/2012 s. 82(2), 20/2019 s. 109(2).\n\n(1) Where Fire Rescue Victoria or any unit receives from any person or any body established by or under any Act or law of this or any other State or of a Territory of the Commonwealth for the prevention and suppression of fire a request for assistance in preventing or suppressing a fire in some place outside the Fire Rescue Victoria fire district (whether within Victoria or not) or in protecting life or property in any such place a unit may attend at that place and, subject to the direction and control of the person or body requesting the assistance and having authority in that place, may engage in the prevention or suppression of fire or the protection of life and property in that place.\n\nS. 55E(2) inserted by No. 50/1989 s. 44(8)(b), amended by Nos 24/1997  \ns. 39(1), 5/2012 s. 82(2), 20/2019 s. 109(2).\n\n(2) Where Fire Rescue Victoria or any unit receives from any person or body established by or under any Act or law of this or any other State or of a Territory of the Commonwealth to perform a function of the type specified in section 55, 55A, 55B or 55C a request for assistance in performing that function in some place outside the Fire Rescue Victoria fire district (whether within Victoria or not) the unit may attend at that place and, subject to the direction and control of the person or body requesting the assistance and having authority in that place, may perform that function in that place.\n\nS. 55E(3) inserted by No. 24/1997  \ns. 39(2), amended by Nos 5/2012 s. 82(2), 20/2019 s. 109(2).\n\n(3) If the Minister directs Fire Rescue Victoria to provide an emergency prevention or response service at a place outside the Fire Rescue Victoria fire district (whether within Victoria or not), Fire Rescue Victoria may attend at that place and, subject to the direction and control of the person having authority in that place, may provide that service in that place.\n\nS. 55E(4) inserted by No. 5/2012 s. 82(3), amended by No. 20/2019 s. 109(2)(b)(3).\n\n(4) The powers and authorities conferred by this Act on the Fire Rescue Commissioner and Fire Rescue Victoria in respect of the Fire Rescue Victoria fire district may be exercised by the Fire Rescue Commissioner and Fire Rescue Victoria, or any member in charge of any unit or units present at a place in the country area of Victoria if—\n\n(a) at that place—\n\n(i) a fire is burning; or\n\n(ii) there is a danger of a fire occurring; or\n\n(iii) a fire has been recently extinguished; and\n\n(b) an officer or member of the Country Fire Authority—\n\n(i) is not present at that place; or\n\n(ii) is unable to exercise those powers and authorities.\n\nS. 55E(5) inserted by No. 5/2012 s. 82(3).\n\n(5) In subsection (4)—\n\n***country area of Victoria*** has the same meaning as in section 3(1) of the **Country Fire Authority Act 1958**;\n\n***Country Fire Authority*** means the Country Fire Authority established under Part I of the **Country Fire Authority Act 1958**.\n\nNo. 3682 s. 58.\n\nS. 56 amended by No. 10043 s. 9(c), substituted by No. 24/1997  \ns. 40, amended by No. 20/2019 s. 110.\n\n","sortOrder":78},{"sectionNumber":"56","sectionType":"section","heading":"Extension and application of Act","content":"\t56 Extension and application of Act\n\nFor the purposes of carrying out any function under section 55, 55A, 55B, 55C, 55D or 55E, Fire Rescue Victoria has all the powers (with any necessary modification or extension) which the Fire Rescue Commissioner has in relation to the prevention and suppression of fire or the protection of life and property in case of fire.\n\nS. 57 amended by No. 7926 s. 5(c), repealed by No. 24/1997  \ns. 41.\n\nNo. 3682 s. 60.\n\n","sortOrder":79},{"sectionNumber":"58","sectionType":"section","heading":"Removal of persons from burning premises","content":"\t58 Removal of persons from burning premises\n\nS. 58(1) substituted by No. 24/1997  \ns. 42(1), amended by No. 37/2014 s. 10(Sch. item 113.2).\n\n(1) A member of a unit or a police officer may order any person who is not a member of a unit or who is not acting under the control or direction of a member of a unit to withdraw from any premises then burning or which are threatened by fire.\n\nS. 58(1A) inserted by No. 24/1997  \ns. 42(1).\n\n(1A) A person must comply immediately with an order given to the person under subsection (1).\n\nS. 58(2) amended by No. 24/1997  \ns. 42(2).\n\n(2) If such person neglects or refuses to so withdraw he may be forcibly removed by order of any such member.\n\n(3) Nothing herein contained shall authorize the removal from any such premises of any person having any pecuniary interest therein or in any goods or valuables whatsoever thereon.\n\nNos 3682 s. 61, 5040 s. 18.\n\nS. 59 amended by Nos 9727 s. 5, 24/1997  \ns. 43, 20/2019 s. 111.\n\n","sortOrder":80},{"sectionNumber":"59","sectionType":"section","heading":"Rights to water","content":"\t59 Rights to water\n\nFire Rescue Victoria, its operational staff and any unit registered under this Act shall have the use of all water mains water plugs valves pipes vested in or belonging to the Melbourne and Metropolitan Board of Works or any public or municipal corporation or local body whatsoever and of all water therein or in any well or tank free of charge for the purpose of extinguishing any fire or for the purpose of drills competitions and practice conducted under the authority of Fire Rescue Victoria.\n\nS. 60  \n(Heading) inserted by No. 5/2012 s. 83.\n\nNos 3682 s. 62, 5040 s. 18.\n\n","sortOrder":81},{"sectionNumber":"60","sectionType":"section","heading":"Collection of contributions for units","content":"\t60 Collection of contributions for units\n\nS. 60(1) amended by Nos 24/1997  \ns. 58(2), 20/2019 s. 112.\n\n(1) Subject to regulations Fire Rescue Victoria may grant an authority in writing or in print to any person to collect contributions or subscriptions for the purposes of any unit and may at any time call in or cancel such authority.\n\nS. 60(2) amended by Nos 24/1997  \ns. 58(2), 20/2019 s. 112.\n\n(2) Every person not duly authorized in that behalf by Fire Rescue Victoria who solicits contributions or subscriptions for the purpose of any unit shall on conviction thereof be guilty of an offence against this Act.\n\nNo. 3682 s. 63.\n\nS. 61 amended by Nos 7926 s. 5(c), 10149 s. 24(3)  \n(a)(b)(c), substituted by No. 24/1997  \ns. 44.\n\n","sortOrder":82},{"sectionNumber":"61","sectionType":"section","heading":"Police to aid Units","content":"\t61 Police to aid Units\n\nS. 61(1) amended by No. 37/2014 s. 10(Sch. item 113.3(a)).\n\n(1) Every police officer present at any fire must support and assist the senior member of the operational staff at the scene—\n\n(a) in the maintenance of the senior member's authority; and\n\n(b) in enforcing compliance by all persons with any order given by the senior member in the execution of his or her duty.\n\nS. 61(2) amended by No. 37/2014 s. 10(Sch. item 113.3(b)).\n\n(2) All police officers are authorised and required to aid units in the execution of their duties.\n\nS. 61(3) amended by No. 37/2014 s. 10(Sch. item 113.3(b)).\n\n(3) For the purpose of subsection (2), police officers may—\n\n(a) close any street in or near which a fire is burning; and\n\n(b) of their own volition or at the request of the senior member of the operational staff at the scene, remove any persons who interfere by their presence or otherwise with the operations of the unit.\n\n(4) In this section ***senior member of the operational staff*** has the same meaning as it has in section 32B.\n\nS. 62 repealed by No. 24/1997 s. 45.\n\nNos 3682 s. 65, 5040 s. 18.\n\nS. 63 amended by Nos 7926 s. 5(c), 43/1987 s. 14(2)(e)(i)(ii), 97/1987 s. 181 (10)(a)–(c), 10/2005 s. 3(Sch. 1 item 16(a)(b)), repealed by No. 64/2010 s. 26[[1]](#endnote-2).\n\nNos 3682 s. 66, 5040 s. 18.\n\nS. 64 amended by No. 43/1987 s. 14(2)(f).\n\n","sortOrder":83},{"sectionNumber":"64","sectionType":"section","heading":"Regulation of height of buildings","content":"\t64 Regulation of height of buildings\n\nS. 64(1) amended by No. 20/2019 s. 113.\n\n(1) In the interests of fire prevention the council of every city town or borough the municipal district of which is wholly or partly within the Fire Rescue Victoria fire district may pursuant to the provisions of any Act for the time being in force relating to local government and with the approval of the Governor in Council make alter or repeal by-laws for the purpose of regulating or limiting the height of all buildings to be erected in such city town or borough or in any part thereof specified in such by-law and for providing means of escape from every such building in case of fire.\n\n(2) Every person who constructs any building contrary to any such by-law and suffers the height of the same to remain contrary to such by-law after twenty-eight days' notice in writing from the council to reduce the height of such building to the height limited in the by-law shall on conviction be liable to a penalty of not more than 1/5 of a penalty unit for every day after the expiration of such notice during which such building continues to be above the height so limited.\n\nS. 65 amended by Nos 9727 s. 7, 10262 s. 4, 46/1998 s. 7(Sch. 1), repealed by No. 29/2010 s. 65.\n\nS. 66 substituted by No. 7885 s. 9(1), amended by Nos 9727 s. 6, 43/1987 s. 5(2), 50/1989 ss 37, 44(9)(10), 52/1998 s. 311(Sch. 1 item 62.2), 51/2005 s. 72, repealed by No. 58/2012 s. 110(1).\n\nS. 66A inserted by No. 50/1989 s. 44(12).\n\n","sortOrder":84},{"sectionNumber":"66A","sectionType":"section","heading":"Recovery of charges for services","content":"\t66A Recovery of charges for services\n\nS. 66A(1) amended by No. 20/2019 s. 114(1).\n\n(1) Any money to be paid to Fire Rescue Victoria as fees and charges for services provided by Fire Rescue Victoria may be recovered by Fire Rescue Victoria in any court of competent jurisdiction as a debt due to Fire Rescue Victoria.\n\nS. 66A(2) amended by Nos 39/1992 s. 22, 20/2019 s. 114.\n\n(2) Fire Rescue Victoria may on the application of any person who is liable in respect of an amount for services provided by Fire Rescue Victoria, if Fire Rescue Victoria considers it appropriate—\n\n(a) remit or excuse the payment of the amount or any part of the amount; or\n\nS. 66A(2)(b) amended by No. 20/2019 s. 114(1).\n\n(b) defer the payment of the amount or any part of the amount for such time as Fire Rescue Victoria thinks fit.\n\nS. 67  \n\nS. 68  \n\nS. 69  \n\nS. 69A inserted by No. 51/2005 s. 73,  \nrepealed by No. 58/2012 s. 109.\n\nS. 70 amended by Nos 7926 s. 5(c), 43/1987 ss 6(2)(g), 14(2)(g), 50/1989 s. 38, 24/1997  \ns. 46(a)(b) (as amended by No. 74/2000 s. 3(Sch. 1 item 48)), 5/2012 s. 84, repealed by No. 58/2012 s. 110(1).\n\nNos 3682 s. 73, 5040 s. 18.\n\nS. 71 amended by No. 7926 s. 5(c), substituted by No. 10257 s. 89.\n\n","sortOrder":85},{"sectionNumber":"71","sectionType":"section","heading":"Place where fire occurs","content":"\t71 Place where fire occurs\n\nS. 71(1) amended by Nos 24/1997  \ns. 56, 20/2019 s. 115(1)(5).\n\n(1) Fire Rescue Victoria may cause any place in the Fire Rescue Victoria fire district where any fire occurred to be searched, and may remove and keep possession of any materials which may tend to prove the cause or origin of the fire.\n\nS. 71(2) amended by Nos 24/1997  \ns. 56, 20/2019 s. 115(2).\n\n(2) Fire Rescue Victoria may act under subsection (1) in relation to a fire on Fire Rescue Victoria's own initiative but shall not so act if a Coroner is investigating the fire.\n\nS. 71(3) amended by Nos 24/1997  \ns. 56,  \n5/2012  \ns. 85, 20/2019 s. 115(3).\n\n(3) Where Fire Rescue Victoria causes a search to be made or takes possession of anything under subsection (1) in relation to a fire, Fire Rescue Victoria shall, if a Coroner subsequently investigates the fire—\n\n(a) report to the Coroner any information found in the search concerning the cause or origin of the fire; and\n\nS. 71(3)(b) amended by Nos 5/2012  \ns. 85, 20/2019 s. 115(3).\n\n(b) give to the Coroner anything of which Fire Rescue Victoria has taken possession under subsection (1).\n\nS. 71(4) amended by No. 77/2008 s. 129(Sch. 2 item 17.1).\n\n(4) Anything given to the Coroner under subsection (3)(b) shall be deemed to have come into the Coroner's possession under Division 4 of Part 4 of the **Coroners Act 2008**.\n\nS. 71(5) amended by Nos 24/1997  \ns. 56, 20/2019 s. 115(4)(5).\n\n(5) If in the opinion of Fire Rescue Victoria there are suspicious circumstances in relation to the cause or origin of any fire in the Fire Rescue Victoria fire district, Fire Rescue Victoria—\n\nS. 71(5)(a) amended by Nos 50/1989 s. 39, 77/2008 s. 129(Sch. 2 item 17.2).\n\n(a) may restrict access to the place where the fire occurred until a Coroner with jurisdiction to investigate the fire under the **Coroners Act 2008** orders otherwise or until an inquest into the fire is held under that Act, whichever first occurs;\n\n(b) may cause to be erected at the entrance or boundary of the place a notice in the prescribed form of the restriction; and\n\n(c) may request a coroner to investigate the fire.\n\nS. 71A inserted by No. 77/2008 s. 129(Sch. 2 item 17.3).\n\n","sortOrder":86},{"sectionNumber":"71A","sectionType":"section","heading":"Restriction of access to fire area","content":"\t71A Restriction of access to fire area\n\n(1) This section applies if access to a place where a fire has occurred has been restricted under section 71.\n\n(2) A person must not, without lawful excuse, enter or interfere with any place to which access is restricted under section 71.\n\n1. 60 penalty units or imprisonment for 6 months.\n\nS. 72  \n(Heading) inserted by No. 5/2012 s. 86(1), amended by No. 20/2019 s. 116(1).\n\nNos 3682 s. 74, 5040 s. 18.\n\nS. 72  \nrepealed by No. 10257 s. 89,  \nnew s. 72 inserted by No. 2/1995 s. 17.\n\n","sortOrder":87},{"sectionNumber":"72","sectionType":"section","heading":"Fire Rescue Victoria or unit may carry out fire prevention work","content":"\t72 Fire Rescue Victoria or unit may carry out fire prevention work\n\nS. 72(1) amended by No. 20/2019 s. 116(2).\n\n(1) Fire Rescue Victoria, at the request of—\n\n(a) the owner or occupier of any land;\n\n(b) a Minister in whom any land is vested;\n\n(c) a municipal council or public authority—\n\n(i) in which any land is vested;\n\n(ii) that has any land under its control or management;\n\n(iii) that is responsible for the care and management of any road—\n\nmay carry out on that land or road any work (including burning) for the removal or abatement of any fire danger or for the prevention of the occurrence or spread of fire.\n\nS. 72(2) amended by Nos 5/2012  \ns. 86(2), 20/2019 s. 116(3).\n\n(2) Any work carried out under subsection (1) must be paid for by the owner, occupier, Minister, council or authority requesting the work and, if not paid, the outstanding payment is recoverable in the Magistrates' Court as a debt due to Fire Rescue Victoria.\n\nS. 72(3) substituted by No. 24/1997  \ns. 47, amended by No. 20/2019 s. 116(4).\n\n(3) Subject to the general direction and control of Fire Rescue Victoria, the members of any unit, with the consent of the relevant owner, occupier, Minister, council or authority, may carry out any work (including burning) that the senior member of the operational staff in the unit thinks necessary or expedient for the prevention of the occurrence or spread of fire.\n\nS. 72(4) inserted by No. 24/1997  \ns. 47.\n\n(4) In this section ***senior member of the operational staff*** has the same meaning as it has in section 32B.\n\nS. 72A inserted by No. 5/2012 s. 87.\n\n","sortOrder":88},{"sectionNumber":"72A","sectionType":"section","heading":"Interstate fire brigades and international fire brigades","content":"\t72A Interstate fire brigades and international fire brigades\n\nS. 72A(1) amended by No. 20/2019 s. 117(1).\n\n(1) Subject to subsection (2), an officer or member of an interstate fire brigade or of an international fire brigade who is present in the Fire Rescue Victoria fire district for the purpose of endeavouring to prevent or suppress a fire (including the prevention of a fire outside the Fire Rescue Victoria fire district spreading to the Fire Rescue Victoria fire district) or to protect life or property must—\n\n(a) place himself or herself and any equipment or gear in his or her charge (including a fire engine) at the disposal of; and\n\nS. 72A(1)(b) substituted by No. 20/2019 s. 117(1)(b).\n\n(b) obey any orders given by—\n\nFire Rescue Victoria.\n\nS. 72A(2) amended by No. 20/2019 s. 117(2).\n\n(2) If Fire Rescue Victoria is not present at the fire, then until the arrival of Fire Rescue Victoria, an officer or member of the interstate fire brigade or international fire brigade who is present at the fire and in charge of that interstate fire brigade or international fire brigade has and may exercise all the powers, authorities, duties and functions which by or under this Act are conferred or imposed on Fire Rescue Victoria.\n\nS. 72A(3) amended by No. 20/2019 s. 117(3).\n\n(3) Subsection (4) applies if, for the purpose of endeavouring to prevent or suppress a fire (including the prevention of a fire outside the Fire Rescue Victoria fire district spreading to the Fire Rescue Victoria fire district) or to protect life or property, an interstate fire brigade or an international fire brigade sends only equipment or resources to the Fire Rescue Victoria fire district.\n\nS. 72A(4) amended by No. 20/2019 s. 117(4).\n\n(4) If this subsection applies, then, while the equipment or resources remain in the Fire Rescue Victoria fire district, the equipment or resources are subject to the control of Fire Rescue Victoria.\n\nS. 73 amended by No. 12/1989 s. 4(1)(Sch. 2 item 79.20), repealed by No. 58/2012 s. 110(1).\n\nS. 74 repealed by No. 58/2012 s. 110(1).\n\nS. 75  \n(Heading) inserted by No. 5/2012 s. 88(1), amended by No. 20/2019 s. 118(1).\n\nNos 3682 s. 77, 5040 s. 18\n\nS. 75 amended by Nos 5/2012 s. 88(2), 20/2019 s. 118(2)(3).\n\n","sortOrder":89},{"sectionNumber":"75","sectionType":"section","heading":"Documents signed by Fire Rescue Commissioner to be evidence","content":"\t75 Documents signed by Fire Rescue Commissioner to be evidence\n\nAll orders directions notices and documents whatever purporting to be issued or written by or under the direction of Fire Rescue Victoria and purporting to be signed by the Fire Rescue Commissioner shall be received as evidence in all courts of law, and shall be deemed to be issued or written by or under the direction of Fire Rescue Victoria without further proof unless the contrary is shown.\n\nS. 75A inserted by No. 39/1992 s. 23(1), amended by No. 24/1997  \ns. 48, substituted by No. 5/2012 s. 89.\n\n","sortOrder":90},{"sectionNumber":"75A","sectionType":"section","heading":"Offences relating to impersonation","content":"\t75A Offences relating to impersonation\n\nS. 75A(1) amended by No. 20/2019 s. 119.\n\n(1) A person must not use any name, title or description to imply an association with Fire Rescue Victoria, without the written authority of Fire Rescue Victoria.\n\nS. 75A(2) amended by No. 20/2019 s. 119.\n\n(2) A person must not represent that the person is associated with Fire Rescue Victoria unless such an association exists.\n\n(3) A person must not impersonate a member of a unit.\n\nS. 75A(4) amended by No. 20/2019 s. 119.\n\n(4) A person must not use any insignia described or set out in the regulations in any manner contrary to the manner set out in the regulations without the written authority of Fire Rescue Victoria.\n\nS. 75B inserted by No. 5/2012  \ns. 90.\n\n","sortOrder":91},{"sectionNumber":"75B","sectionType":"section","heading":"Damage or interference with fire indicator panel or other apparatus","content":"\t75B Damage or interference with fire indicator panel or other apparatus\n\n(1) A person must not, without reasonable excuse, damage or interfere with a fire indicator panel.\n\n(2) For the purposes of subsection (1), interference with a fire indicator panel includes any action that causes the transmission of the signal from the fire indicator panel to be isolated, disconnected or disabled.\n\n(3) Subsection (1) does not apply to a member of operational staff who is acting in the exercise of any power or in the performance of any duty conferred or imposed under this Act.\n\nS. 75B(4) amended by No. 20/2019 s. 120(1).\n\n(4) If a fire indicator panel detects a fire and sounds an alarm, a person must not, without the consent of Fire Rescue Victoria or reasonable excuse, reset the fire indicator panel.\n\n(5) In this section—\n\nS. 75B(5) def. of *fire indicator panel* amended by No. 20/2019 s. 120(2).\n\n***fire indicator panel*** includes any apparatus designed to detect a fire or other emergency conditions and transmit the signal of that detection to Fire Rescue Victoria either directly or via an approved monitoring provider.\n\nS. 75C inserted by No. 5/2012  \ns. 90.\n\n","sortOrder":92},{"sectionNumber":"75C","sectionType":"section","heading":"Obstruction of officers and damage to apparatus","content":"\t75C Obstruction of officers and damage to apparatus\n\n(1) A person must not, without reasonable excuse, obstruct, hinder or interfere with—\n\nS. 75C(1)(a) amended by No. 20/2019 s. 121(1).\n\n(a) the Fire Rescue Commissioner; or\n\nS. 75C(1)(b) amended by No. 20/2019 s. 121(2).\n\n(b) any other officer or employee of Fire Rescue Victoria; or\n\n(c) any member of operational staff; or\n\n(d) any officer or member of—\n\n(i) an interstate fire brigade; or\n\n(ii) an international fire brigade; or\n\n(e) any other person—\n\nwho is exercising a power or performing a duty conferred or imposed by or under this Act.\n\n(2) A person must not, without reasonable excuse, damage or interfere with—\n\n(a) any apparatus or other property of any unit, interstate fire brigade or international fire brigade; or\n\n(b) a fire alarm, hydrant, water plug or other apparatus for the prevention or suppression of fire.\n\n(3) A person must not, without reasonable excuse, drive a vehicle over a fire hose.\n\n(4) A person must not, without reasonable excuse, drive a vehicle within such proximity to the place of a fire or to any apparatus in use at a fire as to interfere with—\n\n(a) the operations of any unit, group of units, interstate fire brigade or international fire brigade; or\n\n(b) the use of the apparatus.\n\nNo. 3682 s. 78.\n\nS. 76 amended by Nos 43/1987 s. 14(2)(h), 24/1997  \ns. 58(3), repealed by No. 5/2012 s. 91.\n\nS. 76A inserted by No. 2/1995 s. 20.\n\n","sortOrder":93},{"sectionNumber":"76A","sectionType":"section","heading":"Evidence of ownership or occupancy","content":"\t76A Evidence of ownership or occupancy\n\nIn any proceedings under this Act or the regulations, the following is evidence that a person is the owner or occupier of land—\n\n(a) evidence that the person is liable to be rated in respect of the land;\n\n(b) evidence by the certificate of the Registrar of Titles or an Assistant Registrar of Titles authenticated by the seal of the Office of Titles that the person is the registered proprietor of an estate in fee-simple or of a leasehold estate held of the Crown in the land;\n\n(c) evidence by the certificate of the Registrar-General or a Deputy Registrar-General authenticated by the seal of the Registrar-General that the person appears from the memorial of any deed, conveyance or instrument to be the last registered owner of the land.\n\nNos 3682 s. 79, 5040 s. 18.\n\nS. 77 substituted by No. 2/1995 s. 21.\n\n","sortOrder":94},{"sectionNumber":"77","sectionType":"section","heading":"Recovery and application of penalties","content":"\t77 Recovery and application of penalties\n\n(1) Subject to section 92, any penalty for an offence committed against section 91 may be recovered—\n\nS. 77(1)(a) amended by No. 9/2020 s. 390(Sch. 1 item 70.1).\n\n(a) if the fire prevention notice was served by a fire prevention officer, in accordance with section 313 of the **Local Government Act 2020**;\n\nS. 77(1)(b) substituted by No. 24/1997  \ns. 49(1), amended by Nos 5/2012 s. 92(1), 20/2019 s. 122(1).\n\n(b) if the fire prevention notice was served by Fire Rescue Victoria, by any person authorised by Fire Rescue Victoria.\n\nS. 77(2) amended by Nos 24/1997  \ns. 49(2), 5/2012 s. 92(2), 20/2019 s. 122(2).\n\n(2) Any penalty for an offence committed against any other provision of this Act or the regulations may be recovered by any person authorised by Fire Rescue Victoria.\n\n(3) All penalties recovered for offences committed against section 91, including penalties recovered under section 92, are to be paid—\n\n(a) if the fire prevention notice was issued by a fire prevention officer, to the relevant municipal council;\n\nS. 77(3)(b) amended by Nos 24/1997  \ns. 49(3), 20/2019 s. 122(3).\n\n(b) if the fire prevention notice was issued by Fire Rescue Victoria, to Fire Rescue Victoria.\n\nS. 77(4) amended by No. 20/2019 s. 122(2).\n\n(4) All penalties recovered for any other offences against this Act or the regulations are to be paid to Fire Rescue Victoria.\n\nS. 77A inserted by No. 51/2005 s. 74,  \n\nS. 78 amended by No. 50/1989 s. 40(a)(b), repealed by No. 24/1997  \ns. 50,  \nnew s. 78 inserted by No. 5/2012 s. 93.\n\n","sortOrder":95},{"sectionNumber":"78","sectionType":"section","heading":"Alarm monitoring service to provide prescribed information","content":"\t78 Alarm monitoring service to provide prescribed information\n\nS. 78(1) amended by No. 20/2019 s. 123.\n\n(1) Fire Rescue Victoria may, by written notice, require a person who conducts an alarm monitoring service to provide to Fire Rescue Victoria the prescribed information within the prescribed period.\n\nS. 78(2) amended by No. 20/2019 s. 123(2).\n\n(2) A person must comply with a notice given by Fire Rescue Victoria under this section within the prescribed period.\n\n(3) In this section—\n\n***alarm monitoring service*** means a business that—\n\n(a) receives signals from equipment located at a premises that is designed to detect fire or other emergency conditions at that premises; and\n\n(b) transmits those signals as appropriate.\n\nHeading preceding s. 78A  \ninserted by No. 8019 s. 7.\n\n*Discipline*\n\nS. 78A inserted by No. 8019 s. 7, amended by No. 24/1997  \ns. 51.\n\n","sortOrder":96},{"sectionNumber":"78A","sectionType":"section","heading":"Offences by officers or members","content":"\t78A Offences by officers or members\n\nA member of the operational staff who is—\n\n(a) guilty of any breach of the regulations;\n\n(b) guilty of any misconduct;\n\n(c) negligent or careless in the discharge of his duties;\n\n(d) inefficient or incompetent and such inefficiency or incompetence arises from causes within his own control; or\n\n(e) guilty of any disgraceful or improper conduct—\n\nshall be guilty of an offence.\n\nS. 78B inserted by No. 8019 s. 7, amended by Nos 43/1987 s. 14(2)(i)  \n(i)–(iii), 50/1989 s. 41(a)–(c), substituted by No. 24/1997 s. 52.\n\n","sortOrder":97},{"sectionNumber":"78B","sectionType":"section","heading":"Laying of charges","content":"\t78B Laying of charges\n\n(1) A member of the senior operational staff may, after an investigation, lay a charge for an offence under section 78A.\n\nS. 78B(2) amended by No. 20/2019 s. 124.\n\n(2) Fire Rescue Victoria may suspend from duty with pay any person charged under subsection (1) until the charge is dealt with under section 78D.\n\nS. 78C inserted by No. 24/1997  \n\n","sortOrder":98},{"sectionNumber":"78C","sectionType":"section","heading":"Hearing of charges","content":"\t78C Hearing of charges\n\nS. 78C(1) amended by No. 20/2019 s. 125.\n\n(1) The Fire Rescue Commissioner must hear a charge laid under section 78B.\n\nS. 78C(2) amended by Nos 18/2005 s. 18(Sch. 1 item 68), 17/2014 s. 160(Sch. 2 item 63).\n\n(2) A member of the operational staff and any other party to the hearing is entitled to be represented at the hearing of the charge by an Australian legal practitioner or other person.\n\nS. 78C(3) amended by No. 20/2019 s. 125.\n\n(3) The representative of a party may examine witnesses and address the Fire Rescue Commissioner on behalf of the party.\n\nS. 78C(4) amended by No. 20/2019 s. 125.\n\n(4) If the member of the operational staff does not attend in person or by a representative at the time and place fixed for the hearing, the Fire Rescue Commissioner may proceed in his or her absence.\n\nS. 78D (Heading) inserted by No. 20/2019 s. 143(2)(q).\n\nS. 78D inserted by No. 24/1997  \n\n","sortOrder":99},{"sectionNumber":"78D","sectionType":"section","heading":"Decision of Fire Rescue Commissioner","content":"\t78D Decision of Fire Rescue Commissioner\n\nS. 78D(1) amended by No. 20/2019 s. 126.\n\n(1) If, after hearing the charge, the Fire Rescue Commissioner is satisfied that the offence was committed, he or she may do any one or more of the following—\n\n(a) reprimand the member concerned; or\n\nS. 78D(1)(b) amended by No. 20/2019 s. 126.\n\n(b) reduce the position of the member concerned for such period as the Fire Rescue Commissioner thinks fit; or\n\n(c) impose a fine of not more than 40 penalty units; or\n\n(d) suspend the member from duty with or without pay for a period not exceeding 6 months; or\n\n(e) dismiss the member concerned.\n\n(2) If a fine is imposed under this section, the amount of the fine may be deducted from the pay of the member fined but not more than ½ of a penalty unit may be deducted from the pay attributable to any one week.\n\nS. 78E inserted by No. 24/1997  \n\n","sortOrder":100},{"sectionNumber":"78E","sectionType":"section","heading":"Pay while suspended","content":"\t78E Pay while suspended\n\n(1) A member of the operational staff who has been suspended from duty without pay under section 78D may engage in paid employment during the term of the suspension.\n\n(2) All pay which accrues to a member during any period of suspension without pay must be withheld.\n\n(3) If the Appeals Commission upholds an appeal by the member in respect of the charge for which he or she has been suspended, all pay withheld under subsection (2) must be immediately paid to the member, less any earnings received by the member during the period of suspension.\n\n(4) If an appeal by the member is not upheld by the Appeals Commission in respect of the charge for which he or she has been suspended or no appeal is lodged within the prescribed time, all pay withheld under subsection (2) is forfeited unless the Appeals Commission orders otherwise.\n\nHeading preceding s. 79 substituted by Nos 24/1997  \ns. 53, 20/2019 s. 143(1)(d).\n\n*Fire Rescue Victoria Appeals Commission*\n\nS. 79 (Heading) inserted by No. 20/2019 s. 143(2)(r).\n\nNo. 5419 s. 2.\n\nS. 79 amended by Nos 8019 s. 8,16/1986 s. 30, 50/1989 s. 42, substituted by No. 24/1997  \ns. 54, amended by No. 20/2019 s. 127.\n\n","sortOrder":101},{"sectionNumber":"79","sectionType":"section","heading":"Fire Rescue Victoria Appeals Commission","content":"\t79 Fire Rescue Victoria Appeals Commission\n\nThere is established a Commission to be called the Fire Rescue Victoria Appeals Commission.\n\nS. 79A inserted by No. 24/1997  \n\n","sortOrder":102},{"sectionNumber":"79A","sectionType":"section","heading":"Function of the Commission","content":"\t79A Function of the Commission\n\nThe function of the Commission is to hear and determine any appeal made to it under this Act.\n\nS. 79B inserted by No. 24/1997  \n\n","sortOrder":103},{"sectionNumber":"79B","sectionType":"section","heading":"Membership of Commission","content":"\t79B Membership of Commission\n\n(1) The Commission consists of up to 3 Commissioners appointed by the Governor in Council.\n\n(2) One of the Commissioners is to be appointed as Senior Commissioner.\n\nS. 79C inserted by No. 24/1997  \n\n","sortOrder":104},{"sectionNumber":"79C","sectionType":"section","heading":"Term of appointment","content":"\t79C Term of appointment\n\n(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.\n\n(2) A Commissioner is eligible for reappointment.\n\nS. 79D inserted by No. 24/1997  \ns. 54, amended by No. 46/1998  \ns. 7(Sch. 1).\n\n","sortOrder":105},{"sectionNumber":"79D","sectionType":"section","heading":"Remuneration and allowances","content":"\t79D Remuneration and allowances\n\nA Commissioner (other than an employee of the public service) is entitled to receive—\n\nfrom time to time fixed by the Governor in Council.\n\nS. 79E inserted by No. 24/1997  \ns. 54, amended by No. 46/1998  \ns. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 133.2), 80/2006 s. 26(Sch. item 70.2).\n\n","sortOrder":106},{"sectionNumber":"79E","sectionType":"section","heading":"Application of Public Administration Act 2004","content":"\t79E Application of Public Administration Act 2004\n\nThe **Public Administration Act 2004** (other than Part 3 of that Act) applies to a Commissioner in respect of the office of Commissioner.\n\nS. 79F inserted by No. 24/1997  \n\n","sortOrder":107},{"sectionNumber":"79F","sectionType":"section","heading":"Vacancies","content":"\t79F Vacancies\n\n(1) A Commissioner may resign from office by letter signed by the Commissioner and delivered to the Minister.\n\nS. 79F(1A) inserted by No. 5/2012 s. 94.\n\n(1A) A resignation under subsection (1) takes effect—\n\n(a) on the date specified in the letter; or\n\n(b) if no date is specified in the letter—on the day the letter is received by the Minister.\n\n(2) The office of Commissioner becomes vacant if the Commissioner—\n\n(a) becomes bankrupt; or\n\n(b) is convicted in Victoria 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 Victoria, would be so punishable.\n\n(3) The Governor in Council, on the recommendation of the Minister, may remove a Commissioner from office if the Commissioner—\n\n(a) becomes incapable of performing his or her duties; or\n\n(b) is negligent in the performance of those duties; or\n\n(c) engages in improper conduct; or\n\n(d) is convicted of an offence.\n\nS. 79G inserted by No. 24/1997  \n\n","sortOrder":108},{"sectionNumber":"79G","sectionType":"section","heading":"Annual report of the Commission","content":"\t79G Annual report of the Commission\n\n(1) The Commission must prepare a report in respect of each year ending on 30 June on its own work and activities for that year.\n\n(2) The Commission must submit the report to the Minister not later than 30 September in that year.\n\n*Appeals*\n\nS. 79H inserted by No. 24/1997  \n\n","sortOrder":109},{"sectionNumber":"79H","sectionType":"section","heading":"Rights of appeal","content":"\t79H Rights of appeal\n\nA member of the operational staff may appeal to the Commission against—\n\nS. 79H(a) amended by No. 20/2019 s. 128(1).\n\n(a) a decision of the Fire Rescue Commissioner under section 78D in relation to the member;\n\n(b) an order of transfer of the member, other than an order of transfer for a period not exceeding 8 weeks;\n\nS. 79H(c) amended by No. 20/2019 s. 128(2).\n\n(c) the failure of Fire Rescue Victoria to select the member (not being a member of the senior operational staff) for promotion to a vacant position for which he or she has applied.\n\nS. 79I  \n\n","sortOrder":110},{"sectionNumber":"79I","sectionType":"section","heading":"Certain appeals to be by way of rehearing","content":"\t79I Certain appeals to be by way of rehearing\n\nAn appeal to the Commission under section 79H(a) or (c) is to be by way of re‑hearing.\n\nS. 79J  \n\n","sortOrder":111},{"sectionNumber":"79J","sectionType":"section","heading":"Proceedings of the Commission","content":"\t79J Proceedings of the Commission\n\n(1) An appeal is to be heard by the full Commission or a Commissioner sitting alone.\n\n(2) For the purposes of subsection (1), the Senior Commissioner is to determine who is to hear the appeal.\n\nS. 79K inserted by No. 24/1997  \n\n","sortOrder":112},{"sectionNumber":"79K","sectionType":"section","heading":"Assistants in proceedings","content":"\t79K Assistants in proceedings\n\nS. 79K(1) amended by No. 20/2019 s. 129.\n\n(1) The Commission may in each appeal be assisted by a person nominated by Fire Rescue Victoria and a person nominated by the appellant.\n\nS. 79K(2) amended by No. 20/2019 s. 129.\n\n(2) If Fire Rescue Victoria (as the case requires) or the appellant fails to nominate a person under subsection (1), the Commission may proceed to hear the appeal without that assistance.\n\n(3) A person assisting the Commission under this section is entitled to be present during the whole of the appeal proceedings.\n\n(4) A person assisting the Commission under this section must advise the Commission on any matter on which it seeks to be advised but must not adjudicate on the matter before the Commission.\n\nS. 79L inserted by No. 24/1997  \n\n","sortOrder":113},{"sectionNumber":"79L","sectionType":"section","heading":"Procedure on appeal","content":"\t79L Procedure on appeal\n\nS. 79L(1) amended by Nos 18/2005 s. 18(Sch. 1 item 68), 17/2014 s. 160(Sch. 2 item 63).\n\n(1) A member of the operational staff who has appealed to the Commission or any other party to the appeal may appear at the appeal or may be represented at the appeal by any person including an Australian legal practitioner.\n\n(2) If a member who is the subject of an appeal does not attend in person or by a representative at the time and place fixed for the hearing, the Commission may proceed in his or her absence.\n\n(3) At an appeal—\n\n(a) subject to this Act, the procedure of the appeal is at the discretion of the Commission; and\n\n(b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and\n\n(c) the Commission is not bound by the rules of evidence but may inform itself in any way it sees fit; and\n\n(d) the Commission is bound by the rules of natural justice.\n\nS. 79M inserted by No. 24/1997  \ns. 54, amended by No. 69/2009 s. 54(Sch. Pt 2 item 35).\n\n","sortOrder":114},{"sectionNumber":"79M","sectionType":"section","heading":"Commission powers on appeal","content":"\t79M Commission powers on appeal\n\nSections 14 to 16 and 21A of the **Evidence (Miscellaneous Provisions) Act 1958** apply in respect of any appeal to the Commission under this Act as if the Commission were a board appointed by the Governor in Council and as if the Senior Commissioner or the Commissioner hearing the appeal had the powers of the chairman of a board appointed by the Governor in Council.\n\nS. 79N inserted by No. 24/1997  \n\n","sortOrder":115},{"sectionNumber":"79N","sectionType":"section","heading":"Costs","content":"\t79N Costs\n\nEach party to an appeal must bear—\n\n(a) that party's own costs; and\n\n(b) the costs of any nominee of that party appointed to assist the Commission under section 79K.\n\nS. 79O inserted by No. 24/1997  \n\n","sortOrder":116},{"sectionNumber":"79O","sectionType":"section","heading":"Appeals against transfer","content":"\t79O Appeals against transfer\n\nS. 79O(1) amended by No. 20/2019 s. 130(1).\n\n(1) An appeal against an order of transfer may only be brought on the ground that the process used by Fire Rescue Victoria in determining the transfer was not procedurally fair.\n\n(2) An appeal against an order of transfer does not, prior to the determination of the appeal, stay the operation of the order.\n\nS. 79O(3) amended by No. 20/2019 s. 130(2).\n\n(3) The Commission must disallow an appeal against an order of transfer if it is of the opinion that the transfer was in the best interests of the efficiency of Fire Rescue Victoria.\n\nS. 79P inserted by No. 24/1997  \n\n","sortOrder":117},{"sectionNumber":"79P","sectionType":"section","heading":"Promotion appeals","content":"\t79P Promotion appeals\n\nS. 79P(1) amended by No. 20/2019 s. 131(1).\n\n(1) The Commission in determining an appeal against the failure of Fire Rescue Victoria to select a member of the operational staff for promotion must have regard to the merit of the person selected for promotion and the appellant.\n\nS. 79P(2) amended by No. 20/2019 s. 131.\n\n(2) The Commission must disallow an appeal against the failure of Fire Rescue Victoria to select a member of the operational staff for promotion if it is of the opinion that this was in the best interests of the efficiency of Fire Rescue Victoria.\n\n(3) In this section ***merit*** means—\n\n(a) skills, knowledge, aptitude and experience relevant to the requirements of the position; and\n\n(b) special qualifications, fitness (including physical fitness), diligence and good conduct; and\n\n(c) the performance of the person selected and the appellant in previous appointments.\n\nS. 79Q inserted by No. 24/1997  \n\n","sortOrder":118},{"sectionNumber":"79Q","sectionType":"section","heading":"Determination of Commission","content":"\t79Q Determination of Commission\n\nThe Commission—\n\n(a) must hear and determine an appeal under this Act; and\n\n(b) may—\n\n(i) allow the appeal; or\n\n(ii) dismiss the appeal; or\n\n(iii) in the case of an appeal under section 79H(a) or (c), dismiss the appeal and vary the decision.\n\nS. 79R (Heading) inserted by No. 20/2019 s. 143(2)(s).\n\nS. 79R inserted by No. 24/1997  \ns. 54, amended by No. 20/2019 s. 132.\n\n","sortOrder":119},{"sectionNumber":"79R","sectionType":"section","heading":"Fire Rescue Victoria to give effect to determination","content":"\t79R Fire Rescue Victoria to give effect to determination\n\nFire Rescue Victoria must give effect to a determination of the Commission.\n\nS. 79S inserted by No. 24/1997  \n\n","sortOrder":120},{"sectionNumber":"79S","sectionType":"section","heading":"Evidence of determination","content":"\t79S Evidence of determination\n\nA document purporting to record a determination of the Commission and to be signed by a Commissioner is in all courts of law evidence of the determination and its making.\n\n*Long service leave*\n\nNo. 5517 s. 3.\n\nS. 80 amended by Nos 7536 s. 5(b), 8019 s. 9(a)(i).\n\n","sortOrder":121},{"sectionNumber":"80","sectionType":"section","heading":"Definition","content":"\t80 Definition\n\n(1) In the next seven succeeding sections unless inconsistent with the context or subject-matter—\n\nS. 80(1) def. of *officer or employee* repealed by No. 7926 s. 2(b).\n\nS. 80(1) def. of *service* substituted by No. 8019 s. 9(a)(ii), amended by Nos 2/1995 s. 22(a), 24/1997  \ns. 57(1), 20/2019 s. 133, 25/2023 s. 7(Sch. 1 item 12).\n\n***service*** means—\n\n(a) service as an employee of Fire Rescue Victoria, or partly as one and partly as the other (including any period of war service as a member of the naval military or air forces of Her Majesty or His Majesty or of the Commonwealth which was immediately preceded and followed by service as an employee of Fire Rescue Victoria) which service, apart from such war service (if any), has been or is continuous; and\n\n(b) to such extent as is prescribed by the regulations service in any prescribed office under the Crown or with a Public or Government Authority or service in any prescribed office of the Commonwealth of Australia or any other Australian State.\n\nS. 80(2) inserted by No. 8019 s. 9(a)(iii), repealed by No. 24/1997  \ns. 57(3).\n\nNos 5517 s. 4, 5829 s. 3(1).\n\n","sortOrder":122},{"sectionNumber":"81","sectionType":"section","heading":"Entitlement to long service leave","content":"\t81 Entitlement to long service leave\n\nS. 81(1) amended by Nos 7154 s. 2(a)(i)(ii), 8019 s. 9(b), 8760 s. 2(a)(i)(ii), 2/1995 s. 22(a), 24/1997  \n\n(1) Every employee of Fire Rescue Victoria who has had ten years service shall be entitled to be granted by Fire Rescue Victoria three months long service leave with pay in respect of that period of ten years service and one and a half months long service leave with pay in respect of each additional period of five completed years of service.\n\nS. 81(2) amended by Nos 7154 s. 2(b)(i)–(iii), 8760 s. 2(b)  \n(i)–(iv), 2/1995 s. 22(a), 24/1997  \n\n(2) Where—\n\nS. 81(2)(a) amended by Nos 2/1995 s. 22(a), 24/1997  \n\n(a) the employment with Fire Rescue Victoria of any employee ceases on account of—\n\n(i) age; or\n\nS. 81(2)(a)(ii) amended by Nos 8760 s. 2(c)(ii), 20/2019 s. 134.\n\n(ii) ill health as to which he produces to Fire Rescue Victoria satisfactory evidence that it is likely to be permanent and is not due to misconduct or to causes within his own control; or\n\nS. 81(2)(b) amended by Nos 8760 s. 2(c)(ii), 2/1995 s. 22(a), 20/2019 s. 134.\n\n(b) an officer or employee of Fire Rescue Victoria dies—\n\nS. 81(2)(c) repealed by No. 8760 s. 2(d).\n\nthat employee shall be entitled, or (in the case of death) shall be deemed to have been entitled, to be granted by Fire Rescue Victoria—\n\nwhere the completed years of service are not less than four but are less than ten, then in respect of such completed years of service;\n\nwhere the completed years of service are more than ten, then (in addition to any entitlement under subsection (1) of this section) in respect of such completed years of service (not exceeding four) as exceed the next lower multiple of five—\n\nlong service leave with pay on the basis of one-tenth of three months leave for each such completed year.\n\nS. 81(3) amended by Nos 2/1995 s. 22(a), 24/1997  \n\n(3) Where the employment with Fire Rescue Victoria of any employee ceases on account of—\n\n(a) age; or\n\nS. 81(3)(b) amended by No. 20/2019 s. 134.\n\n(b) ill health as to which he produces to Fire Rescue Victoria satisfactory evidence that it is likely to be permanent and is not due to misconduct or to causes within his own control—\n\nthat employee may by notice in writing to Fire Rescue Victoria elect to take pay in lieu of the whole or any part of any such leave to which he is then entitled and Fire Rescue Victoria shall grant him pay in lieu thereof accordingly.\n\nS. 81(4) repealed by No. 8760 s. 2(d).\n\nS. 81(5) amended by No. 2/1995 s. 22(a), repealed by No. 24/1997  \n\nS. 81(6) amended by No. 2/1995 s. 22(a), repealed by No. 24/1997  \n\nS. 81A inserted by No. 7536 s. 5(a).\n\n","sortOrder":123},{"sectionNumber":"81A","sectionType":"section","heading":"Payment in lieu of long service leave","content":"\t81A Payment in lieu of long service leave\n\nS. 81A(1) amended by Nos 8760 s. 3(a)(i)(ii), 2/1995 s. 22(a), 24/1997  \ns. 57(1), 20/2019 s. 135.\n\n(1) Notwithstanding anything in section 81 where an employee with not less than ten completed years of service resigns or is dismissed or for any reason other than age or ill health has his services terminated, Fire Rescue Victoria on the written application of the employee may, in lieu of long service leave with pay, grant the payment to the employee of a sum determined by Fire Rescue Victoria, which shall not in any case exceed a sum equal to that of one-tenth of three months' pay for every completed year of service:\n\nProvided that no such payment shall be granted for any year of service or part thereof in respect of which long service leave with pay or pay in lieu thereof has been taken by the member.\n\nS. 81A(2)(3) repealed by No. 8760 s. 3(b).\n\nS. 82 (Heading) inserted by No. 20/2019 s. 143(2)(t).\n\nNo. 5517 s. 6.\n\nS. 82 amended by Nos 2/1995 s. 22(b), 24/1997  \ns. 57(2), 20/2019 s. 136.\n\n","sortOrder":124},{"sectionNumber":"82","sectionType":"section","heading":"Leave not to affect Fire Rescue Victoria's activities","content":"\t82 Leave not to affect Fire Rescue Victoria's activities\n\nFire Rescue Victoria shall have discretion to grant long service leave so that the activities and obligations of Fire Rescue Victoria will not be unduly affected by the granting of such leave to numbers of employees at or about the same time.\n\nS. 83 amended by No. 2/1995 s. 22(a), repealed by No. 24/1997  \n\nNo. 5517 s. 9.\n\nS. 84 amended by Nos 2/1995 s. 22(a), 24/1997  \ns. 57(1), 20/2019 s. 137.\n\n","sortOrder":125},{"sectionNumber":"84","sectionType":"section","heading":"Provision in case of death before or during long service leave","content":"\t84 Provision in case of death before or during long service leave\n\nIf an employee entitled to long service leave dies before or while taking such long service leave Fire Rescue Victoria shall, to the extent that payment in lieu thereof has not already been granted to that employee, grant payment in lieu of the whole or part of the long service leave not taken to the legal personal representative of the deceased employee.\n\nS. 85 amended by Nos 50/1989 s. 43, 47/1992 s. 25(4)(c)(i)(ii), 83/1992 s. 184(Sch. 6 item 14.3), 2/1995 s. 22(b), 59/1996  \ns. 10(Sch. 2 item 15.3  \n(a)–(c)), repealed by No. 24/1997  \n\nS. 86 repealed by No. 24/1997 s. 55.\n\nHeading preceding s. 87  \n\n*Fire prevention notices*\n\nS. 87  \n\n","sortOrder":126},{"sectionNumber":"87","sectionType":"section","heading":"Fire prevention notices","content":"\t87 Fire prevention notices\n\nS. 87(1) amended by No. 20/2019 s. 138.\n\n(1) In the Fire Rescue Victoria fire district, the fire prevention officer of a municipal council may serve a fire prevention notice on the owner or occupier of land in the municipal district of that council (other than a public authority) in respect of anything—\n\n(a) on that land, other than a building or in a building;\n\n(b) on the adjacent half width of any private street that abuts that land—\n\n(other than a prescribed thing or class of things) that by its nature, composition, condition or location constitutes or may constitute a danger to life or property from the threat of fire.\n\n(2) A fire prevention notice may be served only if the fire prevention officer forms the opinion—\n\n(a) that it is necessary, or may become necessary, to do so to protect life or property from the threat of fire; and\n\n(b) that there is no procedure under any other Act or regulations made under any Act that is more appropriate in the circumstances to address that threat.\n\n(3) A fire prevention notice—\n\n(a) must be in the prescribed form;\n\n(b) may require the owner or occupier to take the steps specified in the notice to remove or minimise the threat of fire;\n\n(c) must specify the time (not less than 7 days) within which the owner or occupier must comply with the notice;\n\nS. 87(3)(d) substituted by No. 5/2012  \ns. 95.\n\n(d) must contain any prescribed information.\n\nS. 88  \n\n","sortOrder":127},{"sectionNumber":"88","sectionType":"section","heading":"Service of notices","content":"\t88 Service of notices\n\n(1) A fire prevention notice may be served on an owner or occupier—\n\n(a) by giving it to or serving it personally on the owner or occupier; or\n\n(b) by sending it by post to the owner or occupier at that person's usual or last known residential or business address; or\n\n(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\n\n(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.\n\n(2) If the fire prevention officer—\n\n(a) does not know who the owner or occupier of any land is; or\n\n(b) does not know the residential or business address of the owner or occupier; or\n\n(c) believes that the owner or occupier is absent from Victoria and has no agent in Victoria known to the officer—\n\nthe fire prevention notice may be served in accordance with subsection (3).\n\n(3) If subsection (2) applies, the fire prevention notice may be served—\n\n(a) by displaying it on the land; and\n\n(b) by publishing a notice, in the prescribed form and containing the prescribed particulars, in a newspaper circulating generally in the municipal district.\n\n(4) A notice served under subsection (3) is sufficient notice to the owner or occupier from the date of display or publication, whichever is later.\n\n(5) Unless a fire prevention notice is withdrawn or cancelled, the costs of serving the notice (including reasonable administrative, labour and overhead costs and expenses incurred) may be recovered from the person on whom it was served—\n\n(a) if the notice was served by a fire prevention officer, by the relevant municipal council;\n\nS. 88(5)(b) amended by Nos 24/1997  \ns. 56, 20/2019 s. 139.\n\n(b) if the notice was served by Fire Rescue Victoria, by Fire Rescue Victoria.\n\nS. 89  \n\n","sortOrder":128},{"sectionNumber":"89","sectionType":"section","heading":"Objection to notices","content":"\t89 Objection to notices\n\nS. 89(1)  \namended by No. 5/2012 s. 96(1).\n\n(1) A person on whom a fire prevention notice has been served may lodge a written objection with the fire prevention officer within 7 days of the service of the notice stating the grounds of objection.\n\nS. 89(2) substituted by No. 5/2012  \ns. 96(2).\n\n(2) If—\n\n(a) a person lodges an objection in accordance with subsection (1); and\n\n(b) the fire prevention officer considers the grounds of objection to be reasonable—\n\nthe fire prevention officer must consult with the person and make a genuine attempt to resolve the matter that is the subject of the fire prevention notice.\n\n(3) Within 14 days of the lodging of an objection the fire prevention officer must—\n\n(a) confirm the notice; or\n\n(b) vary the notice, if the fire prevention officer is satisfied that the variation will appropriately address the threat of fire; or\n\n(c) withdraw the notice, if the fire prevention officer is satisfied that there is no longer any case for the notice to be served.\n\n(4) If the fire prevention officer confirms or varies the notice he or she must specify a new time within which the person must comply with the notice.\n\n(5) In sections 91 and 92, ***fire prevention notice*** includes a fire prevention notice as confirmed or varied in accordance with this section.\n\nS. 90  \n\n","sortOrder":129},{"sectionNumber":"90","sectionType":"section","heading":"Appeal against notices","content":"\t90 Appeal against notices\n\nS. 90(1) amended by Nos 24/1997  \n\n(1) If a person has lodged an objection under section 89 and—\n\n(a) the fire prevention officer has failed to confirm, vary or withdraw the notice within 14 days; or\n\n(b) the person is not satisfied with the confirmation or variation of the notice—\n\nthe person may appeal in writing to Fire Rescue Victoria within 7 days of the end of that 14 day period or the date of the confirmation or variation, whichever is earlier, stating the grounds of appeal.\n\nS. 90(2) amended by Nos 24/1997  \ns. 56, 20/2019 s. 140(2).\n\n(2) Fire Rescue Victoria—\n\n(a) must consider the appeal within a reasonable time; and\n\n(b) must take into account all relevant circumstances, including the proper needs of conservation and alternative means of addressing the threat of fire.\n\nS. 90(3) amended by Nos 24/1997  \n\n(3) After considering the appeal, Fire Rescue Victoria must—\n\n(a) confirm the notice; or\n\nS. 90(3)(b) amended by Nos 24/1997  \n\n(b) vary the notice in any way Fire Rescue Victoria thinks fit; or\n\n(c) cancel the notice.\n\nS. 90(4) amended by Nos 24/1997  \ns. 56, 20/2019 s. 140(1)(3).\n\n(4) If Fire Rescue Victoria confirms or varies the notice Fire Rescue Victoria must specify a new time within which the person must comply with the notice.\n\n(5) In sections 91 and 92, ***fire prevention notice*** includes a fire prevention notice as confirmed or varied in accordance with this section.\n\nS. 91  \ninserted by No. 2/1995 s. 18, amended by No. 5/2012 s. 97.\n\n","sortOrder":130},{"sectionNumber":"91","sectionType":"section","heading":"Compliance with notices","content":"\t91 Compliance with notices\n\nSubject to sections 89 and 90, a person on whom a fire prevention notice has been served must comply with the notice.\n\nPenalty: 120 penalty units or imprisonment for 12 months.\n\nS. 92  \n\n","sortOrder":131},{"sectionNumber":"92","sectionType":"section","heading":"Fire prevention infringement notices","content":"\t92 Fire prevention infringement notices\n\nS. 92(1) amended by Nos 32/2006 s. 94(Sch. item 32(1)), 5/2012  \ns. 98(1).\n\n(1) An authorised officer may serve a fire prevention infringement notice on a person the officer has reason to believe has committed an offence against section 91.\n\nS. 92(1A) inserted by No. 32/2006 s. 94(Sch. item 32(2)).\n\n(1A) An offence referred to in subsection (1) for which a fire prevention infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nS. 92(2) substituted by No. 32/2006 s. 94(Sch. item 32(3)).\n\n(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 88(1).\n\nS. 92(3) repealed by No. 32/2006 s. 94(Sch. item 32(4)), new s. 92(3) inserted by No. 5/2012 s. 98(2).\n\n(3) The infringement penalty for an offence against section 91 is 10 penalty units.\n\nS. 92(4)–(7) repealed by No. 32/2006 s. 94(Sch. item 32(4)).\n\n(8) In this section, ***authorised officer*** means—\n\n(a) if the fire prevention notice was served by a fire prevention officer, a person appointed for the purpose by the relevant municipal council;\n\nS. 92(8)(b) amended by Nos 24/1997  \ns. 56, 20/2019 s. 141.\n\n(b) if the fire prevention notice was served by Fire Rescue Victoria, a person appointed for the purpose by Fire Rescue Victoria.\n\nS. 93 (Heading) inserted by No. 20/2019 s. 143(2)(u).\n\nS. 93  \n\n","sortOrder":132},{"sectionNumber":"93","sectionType":"section","heading":"Issue of notices","content":"\t93 Issue of notices\n\nS. 93(1) amended by Nos 24/1997  \n\n(1) If—\n\nS. 93(1)(a) amended by Nos 24/1997  \n\n(a) the Fire Rescue Commissioner forms the opinion required by section 87(2); and\n\nS. 93(1)(b) amended by Nos 24/1997  \ns. 56, 20/2019 s.142(1).\n\n(b) upon request, the relevant fire prevention officer refuses or fails to issue a fire prevention notice within the time specified by the Fire Rescue Commissioner—\n\nthe Fire Rescue Commissioner may serve a fire prevention notice on the owner or occupier of the land.\n\nS. 93(2) amended by Nos 24/1997  \ns. 56, 20/2019 s 142(1).\n\n(2) If the Fire Rescue Commissioner serves a fire prevention notice under subsection (1)—\n\n(a) the provisions of this Act (except this section) and the regulations apply as if, unless the contrary intention appears—\n\nS. 93(2)(a)(i) amended by Nos 24/1997  \n\n(i) references to the fire prevention officer were references to the Fire Rescue Commissioner;\n\nS. 93(2)(a)(ii) amended by Nos 24/1997  \ns. 56, 20/2019 s. 142.\n\n(ii) references to the Fire Rescue Commissioner were references to Fire Rescue Victoria;\n\nS. 93(2)(b) amended by Nos 20/2019 s. 142(2), 9/2020 s. 390(Sch. 1 item 70.2).\n\n(b) sections 117 to 120 of the **Local Government Act 2020** apply as if references to a Council were references to Fire Rescue Victoria.\n\nS. 94  \n\n","sortOrder":133},{"sectionNumber":"94","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t94 Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 54A to alter or vary section 85 of the **Constitution Act 1975**.\n\nHeading preceding s. 94A inserted by No. 20/2019 s. 84.\n\n*Provisions relating to causing fires and other matters*\n\nS. 94A inserted by No. 20/2019 s. 84.\n\n","sortOrder":134},{"sectionNumber":"94A","sectionType":"section","heading":"Causing fire in the Fire Rescue Victoria fire district in extreme conditions of weather etc. an offence","content":"\t94A Causing fire in the Fire Rescue Victoria fire district in extreme conditions of weather etc. an offence\n\n(1) A person must not light, spread or maintain a fire in the Fire Rescue Victoria fire district if the circumstances of location, atmospheric temperature, wind velocity and flammable vegetation or other combustible substance are such that lighting the fire causes, or is likely to cause, a fire that is a danger to the life or property of others.\n\nPenalty: Imprisonment for not less than 3 months and not more than 2 years.\n\n(2) Subsection (1) does not apply if the person lights, spreads or maintains the fire under the direction or control of an officer or employee of Fire Rescue Victoria for the purpose of establishing a firebreak.\n\n(3) It is a defence to a prosecution for an offence against subsection (1) if the accused proves—\n\n(a) that one or more of the following applies—\n\n(i) the danger was caused by the intervention or subsequent action of one or more persons acting without the knowledge or consent, or contrary to the wishes or instructions, of the accused;\n\n(ii) the fire was lit at a time when the circumstances of atmospheric temperature and wind velocity referred to in subsection (1) were not present and could not reasonably have been foreseen;\n\n(iii) at the time of the alleged offence the accused was the owner or occupier of the land upon which the fire was lit or was acting under the direction of that owner or occupier; and\n\n(b) that the accused—\n\n(i) took all precautions required by this or any other Act, and regulations under this or any other Act, with respect to the lighting of the fire; and\n\n(ii) did everything in the power of the accused that was reasonable in the circumstances to suppress or extinguish the fire.\n\nS. 94B inserted by No. 20/2019 s. 84.\n\n","sortOrder":135},{"sectionNumber":"94B","sectionType":"section","heading":"Causing fire in the Fire Rescue Victoria fire district with intent to cause damage etc.","content":"\t94B Causing fire in the Fire Rescue Victoria fire district with intent to cause damage etc.\n\n(1) A person must not, without lawful excuse, do an act in the Fire Rescue Victoria fire district that causes a fire, or is for the purpose of causing a fire, intending to destroy any vegetation, produce, stock, crop, fodder or other property belonging to another person.\n\nPenalty: Imprisonment for not less than 12 months and not more than 20 years.\n\n(2) Subsection (1) does not apply if the person does the act under the direction or control of an officer or employee of Fire Rescue Victoria for the purposes of establishing a firebreak.\n\nS. 94C inserted by No. 20/2019 s. 84.\n\n","sortOrder":136},{"sectionNumber":"94C","sectionType":"section","heading":"Direction not to light fire","content":"\t94C Direction not to light fire\n\n(1) Fire Rescue Victoria may, for the purpose of protecting life, property or the environment, direct one or more persons not to light a fire at a place, or within a period, specified in the direction.\n\n(2) A person must not, without reasonable excuse, fail to comply with a direction given to the person under subsection (1).\n\nPenalty: 120 penalty units or imprisonment for 12 months or both.\n\nS. 94D inserted by No. 20/2019 s. 84.\n\n","sortOrder":137},{"sectionNumber":"94D","sectionType":"section","heading":"Power of Fire Rescue Victoria to close roads","content":"\t94D Power of Fire Rescue Victoria to close roads\n\n(1) This section applies—\n\n(a) if there is a fire or a threat of a fire anywhere within the Fire Rescue Victoria fire district; and\n\n(b) regardless of whether the fire—\n\n(i) was lit under and in accordance with this Act or a direction or permit under this Act; or\n\n(ii) is part of burning-off operations carried out under and in accordance with this Act; or\n\n(iii) was lit under and in accordance with the **Forests Act 1958** or any direction or authority given under that Act.\n\n(2) Fire Rescue Victoria may, for the purpose of protecting life, property or the environment, or if, in the opinion of Fire Rescue Victoria, smoke from a fire impairs visibility on any road to such an extent that the safety of any persons using the road is endangered—\n\n(a) close any road or part of any road affected, or likely to be affected, as a consequence of a fire or smoke from a fire; and\n\n(b) direct traffic on any road in the vicinity of the closed road or closed part of a road.\n\n(3) The power conferred on Fire Rescue Victoria by subsection (2) is exercisable by—\n\n(a) Fire Rescue Victoria; or\n\n(b) a person authorised by Fire Rescue Victoria for the purposes of this subsection who is present at the fire.\n\n(4) The power conferred by this section is in addition to, and not in derogation from, the powers and authorities conferred on Fire Rescue Victoria or any person by or under this Act or any other Act.\n\nS. 94E inserted by No. 20/2019 s. 84.\n\n","sortOrder":138},{"sectionNumber":"94E","sectionType":"section","heading":"Power to direct extinguishment of fire","content":"\t94E Power to direct extinguishment of fire\n\n(1) An authorised officer may direct—\n\n(a) the occupier or owner of land in the Fire Rescue Victoria fire district; or\n\n(b) a person residing upon or in control of land in the Fire Rescue Victoria fire district; or\n\n(c) a person who has lit or maintained a fire on land in the Fire Rescue Victoria fire district—\n\nto extinguish the fire on that land or to take the steps directed by the authorised officer to extinguish the fire or to prevent the fire from spreading or causing injury.\n\n(2) An owner, occupier or person to whom a direction has been given under subsection (1) must, without delay, take all reasonable steps to comply with the direction, regardless of whether the fire—\n\n(a) was lit under and in accordance with this Act or a direction or permit issued under this Act; or\n\n(b) was part of burning-off operations carried out under and in accordance with this Act; or\n\n(c) was lit under and in accordance with the **Forests Act 1958**, or any direction or authority given under that Act.\n\nPenalty: 120 penalty units or imprisonment for 12 months or both.\n\n(3) In this section—\n\n***authorised officer*** means—\n\n(a) a police officer; or\n\n(b) the Fire Rescue Commissioner; or\n\n(c) an officer or employee exercising the powers of Fire Rescue Victoria; or\n\n(d) an officer or employee of Fire Rescue Victoria appointed for the purposes of this section.\n\nS. 94F inserted by No. 20/2019 s. 84.\n\n","sortOrder":139},{"sectionNumber":"94F","sectionType":"section","heading":"Power to arrest","content":"\t94F Power to arrest\n\nA police officer may—\n\n(a) apprehend with or without warrant any person found lighting, spreading or maintaining any fire contrary to sections 94A to 94E or to the conditions or restrictions contained in any permit granted under or in relation to any of those sections; and\n\n(b) take the person before a bail justice or the Magistrates' Court to be dealt with according to law.\n\nHeading preceding s. 95 inserted by No. 24/1997 s. 60.\n\n*Transitional provisions*\n\nS. 95  \n\n","sortOrder":140},{"sectionNumber":"95","sectionType":"section","heading":"Superseded references","content":"\t95 Superseded references\n\nOn the commencement of section 60 of the **Fire Authorities (Amendment) Act 1997**, in any Act (other than this Act), or in any instrument made under any Act or in any other document of any kind—\n\n(a) a reference to the Metropolitan Fire Brigades Board is deemed to be a reference to the Metropolitan Fire and Emergency Services Board; and\n\n(b) a reference to the Chief Fire Officer in relation to the Metropolitan Fire Brigades is deemed to be a reference to the Chief Officer of the Metropolitan Fire and Emergency Services; and\n\n(c) a reference to the Metropolitan Fire Brigades is deemed to be a reference to the Metropolitan Fire and Emergency Services; and\n\n(d) a reference to a brigade or fire brigade in relation to the Metropolitan Fire Brigades is deemed to be a reference to a fire or emergency service unit under this Act; and\n\n(e) a reference to the Metropolitan Fire Brigades Appeal Tribunal is deemed to be a reference to the Metropolitan Fire and Emergency Services Appeals Commission.\n\nS. 96  \n\n","sortOrder":141},{"sectionNumber":"96","sectionType":"section","heading":"Metropolitan Fire Brigades Board","content":"\t96 Metropolitan Fire Brigades Board\n\nOn the commencement of section 60 of the **Fire Authorities (Amendment)** **Act 1997**—\n\n(a) the Metropolitan Fire Brigades Board is abolished and its members go out of office; and\n\n(b) the Metropolitan Fire and Emergency Services Board is the successor in law of the Metropolitan Fire Brigades Board; and\n\n(c) all rights, assets, liabilities and obligations of the Metropolitan Fire Brigades Board immediately before its abolition become rights, assets, liabilities and obligations of the Metropolitan Fire and Emergency Services Board; and\n\n(d) the Metropolitan Fire and Emergency Services Board is substituted for the Metropolitan Fire Brigades Board as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Metropolitan Fire Brigades Board; and\n\n(e) the Metropolitan Fire and Emergency Services Board may continue and complete any other continuing matter or thing commenced by or against or in relation to the Metropolitan Fire Brigades Board.\n\nS. 97  \n\n","sortOrder":142},{"sectionNumber":"97","sectionType":"section","heading":"Chief Fire Officer","content":"\t97 Chief Fire Officer\n\nAny act matter or thing of a continuing nature commenced under this Act as in force before the commencement of section 60 of the **Fire Authorities (Amendment) Act 1997** by the Chief Fire Officer may be continued and completed on and after that commencement by the Chief Officer.\n\nS. 98  \n\n","sortOrder":143},{"sectionNumber":"98","sectionType":"section","heading":"Transitional—appeals","content":"\t98 Transitional—appeals\n\nIf—\n\n(a) an appeal had been lodged with the Metropolitan Fire Brigades Appeal Tribunal under this Act as in force before the commencement of section 60 of the **Fire Authorities (Amendment) Act 1997**; and\n\n(b) the appeal had not been heard before that commencement—\n\nthe Metropolitan Fire and Emergency Services Appeals Commission may hear and determine the appeal in accordance with this Act as in force immediately before that commencement and for that purpose has all the powers of the Metropolitan Fire Brigades Appeal Tribunal.\n\nHeading preceding s. 98A inserted by No. 20/2019 s. 82.\n\n*Transitional provisions relating to the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019*\n\nS. 98A inserted by No. 20/2019 s. 82.\n\n","sortOrder":144},{"sectionNumber":"98A","sectionType":"section","heading":"Definitions","content":"\t98A Definitions\n\nIn this section and sections 99 to 120—\n\nS. 98A def. of *allocation statement* inserted by No. 2/2024 s. 5(a).\n\n***allocation statement*** means, as the case requires—\n\n(a) an allocation statement prepared by the Country Fire Authority following a direction by the Minister under section 105; or\n\n(b) an allocation statement prepared by the Country Fire Authority following a direction by the Minister under section 105A;\n\nS. 98A def. of *approval date* substituted by No. 2/2024 s. 5(b).\n\n***approval date***, in respect of an allocation statement, as the case requires—\n\n(a) prepared in accordance with section 105, has the meaning given by section 105(6); or\n\n(b) prepared in accordance with section 105A, has the meaning given by section 105A(5);\n\n***commencing day*** means the day on which Part 3 of the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019** commences;\n\n***Country Fire Authority instrument*** means an instrument (including a legislative instrument other than this Act) or an oral agreement subsisting immediately before the approval date—\n\n(a) to which the Country Fire Authority  was a party; or\n\n(b) that was given to, or in favour of, the Country Fire Authority; or\n\n(c) that refers to the Country Fire Authority; or\n\n(d) under which—\n\n(i) money is, or may become, payable to the Country Fire Authority; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the Country Fire Authority;\n\n***instrument*** includes a document and an oral agreement;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\n***the transitional provisions*** means sections 99 to 120.\n\nS. 99 inserted by No. 20/2019 s. 82.\n\n","sortOrder":145},{"sectionNumber":"99","sectionType":"section","heading":"Fire Rescue Victoria","content":"\t99 Fire Rescue Victoria\n\nOn the commencing day—\n\n(a) the Metropolitan Fire and Emergency Services Board is abolished and its members go out of office; and\n\n(b) Fire Rescue Victoria is the successor in law of the Metropolitan Fire and Emergency Services Board; and\n\n(c) all rights, assets, liabilities and obligations of the Metropolitan Fire and Emergency Services Board immediately before its abolition become rights, assets, liabilities and obligations of Fire Rescue Victoria; and\n\n(d) Fire Rescue Victoria is substituted for the Metropolitan Fire and Emergency Services Board as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Metropolitan Fire and Emergency Services Board; and\n\n(e) Fire Rescue Victoria may continue and complete any other continuing matter or thing commenced by or against or in relation to the Metropolitan Fire and Emergency Services Board.\n\nS. 100 inserted by No. 20/2019 s. 82.\n\n","sortOrder":146},{"sectionNumber":"100","sectionType":"section","heading":"Fire Rescue Commissioner","content":"\t100 Fire Rescue Commissioner\n\nOn the commencing day—\n\n(a) the offices of Chief Officer and Chief Executive Officer are abolished and the holders of those offices go out of office; and\n\n(b) the Fire Rescue Commissioner is the successor in law of the Chief Officer or the Chief Executive Officer (as the case requires); and\n\n(c) all rights, assets, liabilities and obligations of the Chief Officer or the Chief Executive Officer become rights, assets, liabilities and obligations of the Fire Rescue Commissioner; and\n\n(d) the Fire Rescue Commissioner is substituted for the Chief Officer or the Chief Executive Officer as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the Chief Officer or the Chief Executive Officer (as the case requires); and\n\n(e) Fire Rescue Victoria may continue and complete any other continuing matter or thing commenced by or against or in relation to the Chief Officer or the Chief Executive Officer (as the case requires).\n\nS. 101 inserted by No. 20/2019 s. 82.\n\n","sortOrder":147},{"sectionNumber":"101","sectionType":"section","heading":"Transfer of staff","content":"\t101 Transfer of staff\n\n(1) A person (referred to in this section as a ***transferred employee***) employed by the Chief Officer, Chief Executive Officer or the Metropolitan Fire and Emergency Services Board immediately before the commencing day is to be regarded as—\n\n(a) having been employed by Fire Rescue Victoria with effect from the commencing day; and\n\n(b) having been so employed on the same terms and conditions as those that applied to the transferred employee, immediately before the commencing day, as an employee of the Chief Officer, Chief Executive Officer or the Metropolitan Fire and Emergency Services Board (as the case requires); and\n\n(c) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the Chief Officer, Chief Executive Officer or the Metropolitan Fire and Emergency Services Board (as the case requires) immediately before the commencing day.\n\n(2) The service of a transferred employee as an employee of Fire Rescue Victoria is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencing day, as an employee of the Chief Officer, the Chief Executive Officer or the Metropolitan Fire Emergency Services Board (as the case requires).\n\n(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Chief Officer, the Chief Executive Officer or the Metropolitan Fire and Emergency Services Board (as the case requires) because of this section.\n\n(4) Nothing in this section prevents—\n\n(a) any of the terms and conditions of employment of a transferred employee being altered by or under any law, award or agreement with effect from any time after the commencing day; or\n\n(b) a transferred employee from resigning or being dismissed at any time after the commencing day in accordance with the then existing terms and conditions of the transferred employee's employment with Fire Rescue Victoria.\n\nS. 102 inserted by No. 20/2019 s. 82.\n\n","sortOrder":148},{"sectionNumber":"102","sectionType":"section","heading":"Transfer of Country Fire Authority staff","content":"\t102 Transfer of Country Fire Authority staff\n\n(1) A person (referred to in this section as a ***transferred employee***)—\n\n(a) who was appointed to perform functions under the **Country Fire Authority Act 1958**, whether by the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise, immediately before the commencing day; and\n\n(b) to whom the following apply immediately before the commencing day—\n\n(i) the transferred employee was performing a transferred function specified in column 1 of the table in Schedule 3;\n\n(ii) the transferred employee was performing that function at an integrated fire station, or Country Fire Authority premises, at an address or location set out in column 2 of the table in Schedule 3;\n\n(iii) the transferred employee belonged to a staff classification specified in column 3 of the table in Schedule 3—\n\nis to be regarded as—\n\n(c) having been employed by Fire Rescue Victoria with effect from the commencing day; and\n\n(d) having been so employed on the same terms and conditions as those that applied to the transferred employee, immediately before the commencing day, as an employee of the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise; and\n\n(e) having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise, immediately before the commencing day.\n\n(2) The service of a transferred employee as an employee of Fire Rescue Victoria is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencing day, as an employee of the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise.\n\n(3) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise because of this section.\n\n(4) Nothing in this section prevents—\n\n(a) any of the terms and conditions of employment of a transferred employee being altered by or under any law, award or agreement with effect from any time after the commencing day; or\n\n(b) a transferred employee from resigning or being dismissed at any time after the commencing day in accordance with the then existing terms and conditions of the transferred employee's employment.\n\nS. 103 inserted by No. 20/2019 s. 82.\n\n","sortOrder":149},{"sectionNumber":"103","sectionType":"section","heading":"Transfer of other Country Fire Authority staff","content":"\t103 Transfer of other Country Fire Authority staff\n\n(1) The Minister may direct the Country Fire Authority to transfer a person, or persons included in a class of persons, to the employment of Fire Rescue Victoria on and from the day specified in the direction, if the person or persons—\n\n(a) were employed to perform functions or duties under the **Country Fire Authority Act 1958**, whether by the Chief Officer or the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or otherwise, immediately before the commencing day; and\n\n(b) were not transferred to Fire Rescue Victoria because of the operation of section 102.\n\n(2) If the Minister gives a direction under subsection (1) in relation to a person, or persons included in a class of persons—\n\n(a) the person or persons are taken to have been employed by Fire Rescue Victoria with effect from the day specified in the direction; and\n\n(b) section 102 applies as if—\n\n(i) the person had been transferred under that section; and\n\n(ii) references in that section to the commencing day were references to the day specified in the direction.\n\n(3) The Minister must not give a direction under subsection (1) on or after 31 December 2020.\n\nS. 104 inserted by No. 20/2019 s. 82.\n\n","sortOrder":150},{"sectionNumber":"104","sectionType":"section","heading":"Superseded references","content":"\t104 Superseded references\n\n(1) On and after the commencing day, in any Act (other than this Act), or in any instrument made under any Act or in any other document of any kind—\n\n(a) a reference to the Metropolitan Fire and Emergency Services Board is taken to be a reference to Fire Rescue Victoria; and\n\n(b) a reference to the Chief Officer of the Metropolitan Fire and Emergency Services or the Chief Executive Officer of the Metropolitan Fire and Emergency Services Board is taken to be a reference to the Fire Rescue Commissioner; and\n\n(c) a reference to the metropolitan district or the metropolitan fire district is taken to be a reference to the Fire Rescue Victoria fire district; and\n\n(d) a reference to the Metropolitan Fire and Emergency Services Appeals Commission is taken to be a reference to the Fire Rescue Victoria Appeals Commission.\n\n(2) To avoid doubt, in this section a reference to the Metropolitan Fire and Emergency Services Board, the Chief Officer of the Metropolitan Fire and Emergency Services or the Chief Executive Officer of the Metropolitan Fire and Emergency Services Board includes deemed references under section 95.\n\nS. 105 inserted by No. 20/2019 s. 82.\n\n","sortOrder":151},{"sectionNumber":"105","sectionType":"section","heading":"Minister may direct Country Fire Authority to give an allocation statement","content":"\t105 Minister may direct Country Fire Authority to give an allocation statement\n\nS. 105(1) amended by No. 2/2024 s. 6.\n\n(1) The Minister may give a direction to the Country Fire Authority requiring the Country Fire Authority to give to the Minister an allocation statement that—\n\n(a) sets out the property, rights, liabilities and obligations of the Country Fire Authority that are to be allocated to Fire Rescue Victoria on the approval date, which must be property, rights, liabilities and obligations of the Country Fire Authority that relate to the following—\n\n(i) one or more integrated fire stations or Country Fire Authority premises situated at an address or location set out in column 2 of the table in Schedule 3;\n\n(ii) staff assigned to such a station or such stations or premises; and\n\n(b) identifies the location of any such property of the Country Fire Authority and identifies the rights, liabilities and obligations; and\n\n(c) allocates that property and those rights, liabilities and obligations to Fire Rescue Victoria; and\n\n(d) includes such other information about that property and those rights, liabilities and obligations (other than information about their value) as is specified in the direction.\n\n(2) Without limiting subsection (1), a direction under subsection (1) may specify either or both of the following—\n\n(a) the property, rights, liabilities and obligations of the Country Fire Authority;\n\n(b) one or more classes of property, rights, liabilities and obligations of the Country Fire Authority—\n\nthat are to be allocated to Fire Rescue Victoria on the approval date, which must be property, rights, liabilities and obligations or classes of property, rights, liabilities and obligations of the Country Fire Authority that relate to either or both of the following—\n\n(c) one or more integrated fire stations or Country Fire Authority premises situated at an address or location set out in column 2 of the table in Schedule 3;\n\n(d) staff assigned to such a station or such stations or premises.\n\n(3) Despite subsections (1) and (2), a direction under subsection (1) must not have the effect that any of the following are to be allocated to Fire Rescue Victoria—\n\n(a) a property that is a Victorian Emergency Management Training Centre;\n\n(b) a property that is a Country Fire Authority District Headquarter.\n\n(4) If the Minister gives a direction to the Country Fire Authority under subsection (1), the Country Fire Authority must give the allocation statement required by the direction to the Minister before the end of the period specified in the direction.\n\n(5) The Minister may approve the allocation statement.\n\n(6) If the Minister approves the allocation statement—\n\n(a) the Minister must sign the statement; and\n\n(b) the date on which the Minister signs the allocation statement is the ***approval date***.\n\n(7) The Minister may give more than one direction under subsection (1), but must not give a direction on or after 31 December 2020.\n\nS. 105A inserted by No. 2/2024 s. 7.\n\n\t105A Minister may direct Country Fire Authority to give an allocation statement in respect of other Country Fire Authority staff\n\n(1) The Minister may give a direction to the Country Fire Authority requiring the Country Fire Authority to give to the Minister an allocation statement that—\n\n(a) sets out the property, rights, liabilities and obligations of the Country Fire Authority that are to be allocated to Fire Rescue Victoria on the approval date, which must be property, rights, liabilities and obligations of the Country Fire Authority that relate to a person, or persons included in a class of persons, transferred from the Country Fire Authority to Fire Rescue Victoria under section 103; and\n\n(b) identifies the location of any such property of the Country Fire Authority and identifies the rights, liabilities and obligations; and\n\n(c) allocates that property and those rights, liabilities and obligations to Fire Rescue Victoria; and\n\n(d) includes such other information about that property and those rights, liabilities and obligations (other than information about their value) as is specified in the direction.\n\n(2) Without limiting subsection (1), a direction under that subsection may specify either or both of the following—\n\n(a) the property, rights, liabilities and obligations of the Country Fire Authority;\n\n(b) one or more classes of property, rights, liabilities and obligations of the Country Fire Authority—\n\nthat are to be allocated to Fire Rescue Victoria on the approval date, which must be property, rights, liabilities and obligations or classes of property, rights, liabilities and obligations of the Country Fire Authority that relate to a person, or persons included in a class of persons, transferred from the Country Fire Authority to Fire Rescue Victoria under section 103.\n\n(3) If the Minister gives a direction to the Country Fire Authority under subsection (1), the Country Fire Authority must give the allocation statement required by the direction to the Minister before the end of the period specified in the direction.\n\n(4) The Minister may approve the allocation statement.\n\n(5) If the Minister approves the allocation statement—\n\n(a) the Minister must sign the statement; and\n\n(b) the date on which the Minister signs the allocation statement is the approval date.\n\n(6) The Minister may give one or more directions under subsection (1), but must not give a direction on or after the day that is 12 months after the day on which section 7 of the **Justice Legislation Amendment (Police and Other Matters) Act 2024** comes into operation.\n\nS. 106 inserted by No. 20/2019 s. 82.\n\n","sortOrder":152},{"sectionNumber":"106","sectionType":"section","heading":"Property, rights, liabilities and obligations allocated in accordance with allocation statement","content":"\t106 Property, rights, liabilities and obligations allocated in accordance with allocation statement\n\nOn the approval date of an allocation statement—\n\n(a) all property and rights of the Country Fire Authority, wherever located, that are allocated under the allocation statement, vest in Fire Rescue Victoria in accordance with the allocation statement; and\n\n(b) all liabilities and obligations of the Country Fire Authority, wherever located, that are allocated under the allocation statement become liabilities and obligations of Fire Rescue Victoria in accordance with the allocation statement.\n\nS. 107 inserted by No. 20/2019 s. 82.\n\n","sortOrder":153},{"sectionNumber":"107","sectionType":"section","heading":"Allocation subject to encumbrances","content":"\t107 Allocation subject to encumbrances\n\nUnless an allocation statement otherwise provides, if property and rights vest in Fire Rescue Victoria or liabilities and obligations become liabilities and obligations of Fire Rescue Victoria under the allocation statement—\n\n(a) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(b) the rights to which the Country Fire Authority was entitled in respect of those liabilities and obligations immediately before they ceased to be liabilities and obligations of the Country Fire Authority vest in Fire Rescue Victoria.\n\nS. 108 inserted by No. 20/2019 s. 82.\n\n","sortOrder":154},{"sectionNumber":"108","sectionType":"section","heading":"Substitution of party to agreement","content":"\t108 Substitution of party to agreement\n\nIf, under an allocation statement, the property, rights, liabilities and obligations of the Country Fire Authority under an agreement are allocated to Fire Rescue Victoria—\n\n(a) Fire Rescue Victoria becomes, on the approval date of the allocation statement, a party to the agreement in place of the Country Fire Authority; and\n\n(b) on and after the approval date of the allocation statement, the agreement has effect as if Fire Rescue Victoria had always been a party to the agreement.\n\nS. 109 inserted by No. 20/2019 s. 82.\n\n","sortOrder":155},{"sectionNumber":"109","sectionType":"section","heading":"Country Fire Authority instruments","content":"\t109 Country Fire Authority instruments\n\nUnless an allocation statement otherwise provides, each instrument relating to property, rights, liabilities or obligations allocated to Fire Rescue Victoria under the allocation statement continues to have effect according to its tenor, on and after the approval date of the allocation statement, as if a reference in the instrument to the Country Fire Authority were a reference to Fire Rescue Victoria.\n\nS. 110 inserted by No. 20/2019 s. 82.\n\n","sortOrder":156},{"sectionNumber":"110","sectionType":"section","heading":"Proceedings","content":"\t110 Proceedings\n\nUnless an allocation statement otherwise provides, if immediately before the approval date of the allocation statement, proceedings relating to property, rights or liabilities allocated to Fire Rescue Victoria (including arbitration proceedings) to which the Country Fire Authority was a party were pending or existing in any court or tribunal then, on and after the approval date, Fire Rescue Victoria—\n\n(a) is substituted for the Country Fire Authority as a party to the proceedings; and\n\n(b) has the same rights in the proceedings as the Country Fire Authority had.\n\nS. 111 inserted by No. 20/2019 s. 82.\n\n","sortOrder":157},{"sectionNumber":"111","sectionType":"section","heading":"Interests in land","content":"\t111 Interests in land\n\nWithout affecting the generality of the transitional provisions and despite anything to the contrary in any other Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or law, if, immediately before the approval date for an allocation statement, the Country Fire Authority is, in relation to property, rights, liabilities or obligations allocated to Fire Rescue Victoria, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after the approval date—\n\n(a) Fire Rescue Victoria is taken to be the registered proprietor of that interest in land; and\n\n(b) Fire Rescue Victoria has the same rights and remedies in respect of that interest as the Country Fire Authority had.\n\nS. 112 inserted by No. 20/2019 s. 82.\n\n","sortOrder":158},{"sectionNumber":"112","sectionType":"section","heading":"Easements","content":"\t112 Easements\n\nIf Fire Rescue Victoria acquires any right in the nature of an easement as a result of an allocation under the transitional provisions, that right is taken to be an easement even though there is no land vested in Fire Rescue Victoria which is benefited, or capable of being benefited, by that right.\n\nS. 113 inserted by No. 20/2019 s. 82.\n\n","sortOrder":159},{"sectionNumber":"113","sectionType":"section","heading":"Action by Registrar of Titles","content":"\t113 Action by Registrar of Titles\n\nOn being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of the transitional provisions.\n\nS. 114 inserted by No. 20/2019 s. 82.\n\n","sortOrder":160},{"sectionNumber":"114","sectionType":"section","heading":"Taxes","content":"\t114 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under the transitional provisions or in respect of any act or transaction connected with or necessary to be done because of the transitional provisions, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights, liabilities or obligations under an allocation statement.\n\nS. 115 inserted by No. 20/2019 s. 82.\n\n","sortOrder":161},{"sectionNumber":"115","sectionType":"section","heading":"Evidence","content":"\t115 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of the Country Fire Authority in relation to property, rights, liabilities or obligations allocated to Fire Rescue Victoria under an allocation statement is admissible for or against the interests of Fire Rescue Victoria.\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of the Country Fire Authority and to entries made in those books of account before the approval date for an allocation statement, whether or not they relate to Fire Rescue Victoria property, as if those books of account and entries were business records of Fire Rescue Victoria.\n\nS. 116 inserted by No. 20/2019 s. 82.\n\n","sortOrder":162},{"sectionNumber":"116","sectionType":"section","heading":"Validity of things done under the transitional provisions","content":"\t116 Validity of things done under the transitional provisions\n\nNothing effected by, or done or suffered under, the transitional provisions—\n\n(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or\n\n(b) is to be regarded as placing any person in a breach of or as constituting a default under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\n(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right, liability or obligation; or\n\n(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or\n\n(f) is to be regarded as frustrating any contract; or\n\n(g) releases any surety or other obligee wholly or in part from any obligation.\n\nS. 117 inserted by No. 20/2019 s. 82.\n\n","sortOrder":163},{"sectionNumber":"117","sectionType":"section","heading":"Transitional provision relating to insignias","content":"\t117 Transitional provision relating to insignias\n\nAn insignia prescribed for the purposes of section 34(1)(pa) is taken for all purposes to be an insignia of Fire Rescue Victoria, on and after the commencing day, until a new insignia is prescribed.\n\nS. 118 inserted by No. 20/2019 s. 82.\n\n","sortOrder":164},{"sectionNumber":"118","sectionType":"section","heading":"Transitional provision relating to Metropolitan Fire and Emergency Services Appeals Commission","content":"\t118 Transitional provision relating to Metropolitan Fire and Emergency Services Appeals Commission\n\n(1) On and after the commencing day, the Metropolitan Fire and Emergency Services Appeals Commission, as established by section 79 as in force immediately before the commencing day, continues in existence under the name \"Fire Rescue Victoria Appeals Commission\".\n\n(2) A thing done by, or in relation to, the Metropolitan Fire and Emergency Services Appeals Commission before the commencing day (including but not limited to an appeal on foot as at the commencing day) has effect, after the commencing day, as if it had been done by, or in relation to, the Fire Rescue Victoria Appeals Commission.\n\nS. 119 inserted by No. 20/2019 s. 82, expired by force of No. 6315/1958 s. 119(7).\n\nS. 120 inserted by No. 20/2019 s. 82.\n\n","sortOrder":165},{"sectionNumber":"120","sectionType":"section","heading":"Renaming of Act—Savings provision","content":"\t120 Renaming of Act—Savings provision\n\n(1) On and from the commencing day, any reference in any Act (other than this Act), regulation, subordinate instrument, or other document whatsoever to the **Metropolitan Fire Brigades Act 1958** is to be construed as a reference to the **Fire Rescue Victoria Act 1958**, unless the contrary intention appears.\n\n(2) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under this Act  or existing or continuing under this Act immediately before the commencing day continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if this Act had not been amended by section 23 of **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019**.\n\n(3) Nothing in this section limits or otherwise affects the operation of the **Interpretation of Legislation Act 1984**.\n\nHeading preceding s. 121 inserted by No. 20/2019 s. 85.\n\n*Fire Services Implementation Monitor*\n\nS. 121 inserted by No. 20/2019 s. 85.\n\n","sortOrder":166},{"sectionNumber":"121","sectionType":"section","heading":"Definitions","content":"\t121 Definitions\n\nIn this section and sections 121 to 144—\n\nS. 121 def. of *agency* amended by No. 31/2024 s. 113(Sch. 1 item 11).\n\n***agency*** means any of the following—\n\n(a) a public service body within the meaning of the **Public Administration Act 2004**;\n\n(b) a public entity within the meaning of the **Public Administration Act 2004**;\n\n(c) a special body within the meaning of the **Public Administration Act 2004**,  other than the following—\n\n(i) a department of the Parliament of Victoria;\n\n(ii) the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;\n\n(iii) the Electoral Boundaries Commission established under section 3 of the **Electoral Boundaries Commission Act 1982**;\n\n(iv) the office of the Ombudsman within the meaning of the **Ombudsman Act 1973**;\n\n(v) the Victorian Auditor-General's Office within the meaning of the **Audit Act 1994**;\n\n(vi) the Victorian Electoral Commission established under section 6 of the **Electoral Act 2002**;\n\n(vii) Integrity Oversight Victoria established under section 8 of the **Integrity Oversight Victoria Act 2011**;\n\n***agency Head***, in relation to an agency that is a public service body, a public entity or a special body, means a public service body Head, public entity Head or special body Head, as the case requires, within the meaning of the **Public Administration Act 2004**;\n\n***commencing day*** means the day on which this section comes into operation;\n\n***emergency agency*** has the same meaning as in section 7AA(2);\n\n***fire services reforms***  means the measures provided for by the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019**;\n\n***Fire Services Statement*** means the statement of that name issued in May 2017 by the Premier and the Minister for Emergency Services;\n\n***implementation action*** means an action specified in the Implementation Plan to implement or give effect to any aspect of the Plan;\n\n***Implementation Plan*** means the plan prepared under section 130, as in force from time to time;\n\n***Monitor*** means the Fire Services Implementation  Monitor appointed under section 123;\n\n***this Part*** means sections 121 to 144.\n\nS. 122 inserted by No. 20/2019 s. 85.\n\n","sortOrder":167},{"sectionNumber":"122","sectionType":"section","heading":"Establishment","content":"\t122 Establishment\n\nThere is to be a Fire Services Implementation Monitor.\n\nS. 123 inserted by No. 20/2019 s. 85.\n\n","sortOrder":168},{"sectionNumber":"123","sectionType":"section","heading":"Appointment","content":"\t123 Appointment\n\n(1) The Governor in Council may, on the recommendation of the Minister, appoint a person as the Fire Services Implementation Monitor.\n\n(2) A person is not eligible to be the Monitor unless the Minister is satisfied that the person has—\n\n(a) relevant senior executive management experience, particularly in an operational environment; and\n\n(b) a strong understanding of complex multi-agency environments; and\n\n(c) a significant record of providing evidence-based reports to Government.\n\n(3) The Monitor may be appointed on a full-time or part-time basis.\n\nS. 124 inserted by No. 20/2019 s. 85.\n\n","sortOrder":169},{"sectionNumber":"124","sectionType":"section","heading":"Remuneration and allowances","content":"\t124 Remuneration and allowances\n\n(1) The Monitor is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.\n\n(2) The remuneration of the Monitor cannot be reduced during the Monitor's term of office unless the Monitor consents to the reduction.\n\nS. 125 inserted by No. 20/2019 s. 85.\n\n","sortOrder":170},{"sectionNumber":"125","sectionType":"section","heading":"Terms and conditions","content":"\t125 Terms and conditions\n\nThe Monitor holds office—\n\n(a) for the term specified in the Monitor's instrument of appointment, which must not exceed 5 years, and is eligible for reappointment; and\n\n(b) on the terms and conditions determined by the Governor in Council.\n\nS. 126 inserted by No. 20/2019 s. 85.\n\n","sortOrder":171},{"sectionNumber":"126","sectionType":"section","heading":"Acting appointment","content":"\t126 Acting appointment\n\n(1) The Governor in Council may, on the recommendation of the Minister, appoint a person to act as the Monitor—\n\n(a) during a vacancy in the office of Monitor; or\n\n(b) during any period when the Monitor is absent from duty or is for any other reason unable to perform the duties of the office.\n\n(2) The Governor in Council may appoint a person to perform a particular function or duty of the Monitor in relation to a particular matter or on a particular occasion if the Monitor is for any reason unable to perform that function or duty in relation to that matter or on that occasion.\n\n(3) The Monitor may, in consultation with the Minister, appoint a person to act as the Monitor for a period of not more than one month during any period when the Monitor is absent from duty or is for any other reason unable to perform the duties of the office.\n\nS. 127 inserted by No. 20/2019 s. 85.\n\n","sortOrder":172},{"sectionNumber":"127","sectionType":"section","heading":"When Monitor ceases to hold office","content":"\t127 When Monitor ceases to hold office\n\nThe Monitor ceases to hold office if the Monitor—\n\n(a) resigns by notice in writing delivered to the Governor in Council; or\n\n(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or\n\n(e) is suspended or removed from office under section 128.\n\nS. 128 inserted by No. 20/2019 s. 85.\n\n","sortOrder":173},{"sectionNumber":"128","sectionType":"section","heading":"Suspension and removal","content":"\t128 Suspension and removal\n\n(1) The Governor in Council may, on the recommendation of the Minister, suspend the Monitor from office on any of the following grounds—\n\n(c) inability to perform the duties of the office;\n\n(d) any other ground on which the Governor in Council is satisfied that the Monitor is unfit to hold office.\n\n(2) The Minister must cause to be laid before each House of the Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension.\n\n(3) The Monitor must be removed from office by the Governor in Council if each House of the Parliament, within 20 sitting days after the day when the statement is laid before it, declares by resolution that the Monitor ought to be removed from office.\n\n(4) The Governor in Council must remove the suspension and restore the Monitor to office unless each House of the Parliament makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.\n\n(5) If the Monitor is suspended from office under subsection (1), the Monitor is taken not to be the Monitor during the period of suspension.\n\nS. 129 inserted by No. 20/2019 s. 85.\n\n","sortOrder":174},{"sectionNumber":"129","sectionType":"section","heading":"Independence of the Monitor","content":"\t129 Independence of the Monitor\n\n(1) The Monitor is not subject to the general direction or control of the Minister in respect of the performance of the Monitor's functions or duties or the exercise of the Monitor's powers.\n\n(2) Subject to this Act and other laws of the State, the Monitor has complete discretion in respect of the performance of the Monitor's functions and duties and the exercise of the Monitor's powers.\n\nS. 130 inserted by No. 20/2019 s. 85.\n\n","sortOrder":175},{"sectionNumber":"130","sectionType":"section","heading":"Preparation, tabling and publication of Implementation Plan","content":"\t130 Preparation, tabling and publication of Implementation Plan\n\n(1) The Minister must prepare a plan (the ***Implementation Plan***) within 60 days of the commencing day.\n\n(2) The Implementation Plan must include, but is not limited to, priorities and proposed actions in relation to the following matters—\n\n(a) the adoption of procedures by Fire Rescue Victoria and the Country Fire Authority to enable them to have regard to the priorities set out in the Fire Services Statement in carrying out their functions;\n\n(b) the financial sustainability of Fire Rescue Victoria and the Country Fire Authority, including in relation to ensuring that volunteer brigades are not adversely affected by the fire services reforms;\n\n(c) improvements in the ability of Fire Rescue Victoria, the Country Fire Authority and other emergency agencies to work effectively across organisational boundaries;\n\n(d) the provision of operational and management support by Fire Rescue Victoria to the Country Fire Authority, and the effectiveness of this support in enabling the Country Fire Authority to meet the objectives set out in section 2 of the **Country Fire Authority Act 1958**;\n\n(e) improvements in staff training in relation to Fire Rescue Victoria and the Country Fire Authority.\n\n(3) The Implementation Plan must also—\n\n(a) include the development of a funding plan to determine the financial requirements of the Country Fire Authority and Fire Rescue Victoria, and identify and address the impact of—\n\n(i) transfers of functions, resources and assets between the Country Fire Authority and Fire Rescue Victoria; and\n\n(ii) the change to the Fire Rescue Victoria fire district upon the fire services property levy revenue base after the commencing day; and\n\n(iii) any changes to the differential rates of the fire services property levy after the commencing day; and\n\n(b) include the development of a long-term funding plan for the Country Fire Authority and Fire Rescue Victoria, which identifies and addresses the issues mentioned in subsection (3)(a)(i), (ii) and (iii) in respect of the period after the third anniversary of the commencing day.\n\n(4) The Minister may amend the Implementation Plan.\n\n(5) The Minister may consult Fire Rescue Victoria and the Country Fire Authority in preparing or amending the Implementation Plan.\n\n(6) The Minister must cause the Implementation Plan, and any amended Implementation Plan, to be laid before each House of the Parliament within 7 sitting days of that House after the Plan is prepared or amended, as the case requires.\n\n(7) The Minister must, as soon as reasonably practicable after the Implementation Plan or an amended Implementation Plan is laid before each House of the Parliament—\n\n(a) cause the Plan to be published in the Government Gazette; and\n\n(b) notify the Monitor, the Fire Rescue Commissioner and the Chief Officer of the Country Fire Authority that the Plan has been laid before each House of the Parliament and published in the Government Gazette.\n\n(8) After having been notified as mentioned in subsection (7)(b)—\n\n(a) the Fire Rescue Commissioner must cause a copy of the Plan to be published on the Internet site of Fire Rescue Victoria; and\n\n(b) the Chief Officer of the Country Fire Authority must cause a copy of the Plan to be published on the Internet site of the Country Fire Authority.\n\nS. 131 inserted by No. 20/2019 s. 85.\n\n","sortOrder":176},{"sectionNumber":"131","sectionType":"section","heading":"Functions of the Monitor","content":"\t131 Functions of the Monitor\n\n(1) The Monitor has the following functions—\n\n(a) to monitor and review the progress of Fire Rescue Victoria and the Country Fire Authority in carrying out the Implementation Plan, including by assessing—\n\n(i) the progress of Fire Rescue Victoria and the Country Fire Authority in completing an implementation action; and\n\n(ii) the effectiveness of the methods used by, or actions taken by, Fire Rescue Victoria and the Country Fire Authority in carrying out an implementation action; and\n\n(iii) the impact of the fire services reforms upon the financial sustainability of Fire Rescue Victoria and the Country Fire Authority; and\n\n(iv) the efficacy of particular implementation actions taken by agencies;\n\n(b) to monitor and assess ongoing efforts to improve the interaction between Fire Rescue Victoria and the Country Fire Authority and other agencies;\n\n(c) to consult and engage with agencies in the performance of the Monitor's functions;\n\n(d) to prepare a quarterly report under section 141 in respect of updates provided to the Monitor by Fire Rescue Victoria and the Country Fire Authority under section 140;\n\n(e) to prepare annual reports on the findings of the Monitor in relation to the performance of the Monitor's functions.\n\n(2) The Monitor has any other function conferred on the Monitor by or under this or any other Act.\n\nS. 132 inserted by No. 20/2019 s. 85.\n\n","sortOrder":177},{"sectionNumber":"132","sectionType":"section","heading":"Powers of the Monitor","content":"\t132 Powers of the Monitor\n\nThe Monitor has all the powers necessary to perform the Monitor's functions.\n\nS. 133 inserted by No. 20/2019 s. 85.\n\n","sortOrder":178},{"sectionNumber":"133","sectionType":"section","heading":"Performance of functions of the Monitor","content":"\t133 Performance of functions of the Monitor\n\nThe Monitor must, in performing the Monitor's functions—\n\n(a) have regard to the Implementation Plan; and\n\n(b) if the Monitor considers it necessary, engage in activities with, require demonstrations of systems by, or obtain documents from, an agency, to produce an accurate assessment of how an implementation action is being carried out or has been carried out; and\n\n(c) establish appropriate consultation arrangements with agency Heads and officers or employees of agencies, and with advisory bodies to Government, in order to—\n\n(i) facilitate the effective monitoring and review of progress in the carrying out of an implementation action; and\n\n(ii) obtain the information necessary to perform the monitoring and assessment function of the Monitor; and\n\n(d) provide written or oral advice to the Minister, and to any advisory bodies to Government that the Minister considers appropriate, about one or more of the following—\n\n(i) compliance or non-compliance by an agency in relation to the completion of an implementation action;\n\n(ii) corrective action by an agency that the Monitor considers necessary to address a concern that the Monitor has in relation to an implementation action;\n\n(iii) methods developed by an agency that the Monitor considers best practice in relation to an implementation action; and\n\n(e) provide written or oral advice to the Minister, at the earliest reasonable opportunity, about any concern that the Monitor has about the carrying out of an implementation action; and\n\n(f) make recommendations to the Minister, and to any advisory body to Government that the Minister considers appropriate, in relation to the carrying out of an implementation action by an agency, and provide a copy of the recommendations to the agency Head concerned.\n\nS. 134 inserted by No. 20/2019 s. 85.\n\n","sortOrder":179},{"sectionNumber":"134","sectionType":"section","heading":"Power to require information to be given","content":"\t134 Power to require information to be given\n\n(1) For the purposes of performing a function or duty under this Act, the Monitor may, by written notice, require an agency to give to the Monitor the information specified in the notice that the Monitor reasonably believes is necessary to perform the function or duty.\n\n(2) The agency must give the information to the Monitor within 7 days after receiving a notice under subsection (1) unless—\n\n(a) the Monitor has agreed to allow an extension of time for the giving of the information; or\n\n(b) the Monitor has agreed that the agency is not able to give the information.\n\n(3) If the Monitor reasonably believes that it is urgent that the information be given within a period of less than 7 days—\n\n(a) the Monitor may specify a shorter period for the giving of the information; and\n\n(b) the information must be given within the shorter period.\n\nS. 135 inserted by No. 20/2019 s. 85.\n\n","sortOrder":180},{"sectionNumber":"135","sectionType":"section","heading":"Power of entry and inspection","content":"\t135 Power of entry and inspection\n\n(1) Subject to subsection (3), the Monitor or one or more persons authorised by the Monitor may, if the Monitor considers it necessary for the purposes of performing the functions or duties of the Monitor—\n\n(a) enter any place of an agency during ordinary business hours and inspect that place and any document, thing or activity in that place that the Monitor reasonably considers to be relevant; and\n\n(b) make a copy of any relevant document, or any document that the Monitor reasonably considers to be relevant.\n\n(2) The Monitor may, if the Monitor considers it necessary for the purposes of performing the functions or duties of the Monitor, require any agency—\n\n(a) to allow the Monitor, or one or more persons authorised by the Monitor, to observe the operation of a system, procedure or thing; and\n\n(b) to demonstrate the operation of a system, procedure or other thing to the Monitor, or any persons authorised by the Monitor.\n\n(3) The Monitor must give an agency reasonable notice of an intention—\n\n(a) to enter any place of an agency for the purposes specified in subsection (1); and\n\n(b) to require an agency to perform an action specified under subsection (2).\n\nS. 136 inserted by No. 20/2019 s. 85.\n\n","sortOrder":181},{"sectionNumber":"136","sectionType":"section","heading":"Duty to cooperate","content":"\t136 Duty to cooperate\n\nAn agency must comply with any reasonable request made by the Monitor, or any person assisting the Monitor, that has been made for the purposes of performing the functions or exercising the powers of the Monitor.\n\nS. 137 inserted by No. 20/2019 s. 85.\n\n","sortOrder":182},{"sectionNumber":"137","sectionType":"section","heading":"Constraints on access to information not to apply","content":"\t137 Constraints on access to information not to apply\n\n(1) An obligation to maintain secrecy or any other restriction on the disclosure of information by an agency, imposed by or under an Act or rule of law, does not apply—\n\n(a) to the disclosure of information required by the Monitor under section 134; or\n\n(b) to information obtained by the Monitor under section 135.\n\n(2) The Monitor or any other person must not divulge or communicate, except to another person performing duties under this Act, any information which has come to the knowledge of the Monitor by reason, directly or indirectly, of subsection (1), if the person who had possession of that information could not, but for that subsection, lawfully have divulged that information to the Monitor or the other person.\n\n(3) Despite subsection (2) or any other law, the Monitor may include in a report under section 142 any information obtained in the course of the Monitor's performance of functions under this or any other Act (other than information that would disclose a deliberation or decision of Cabinet that has not been officially published) if the Monitor considers that—\n\n(a) the information is relevant to the subject matter of the report; and\n\n(b) following consultation with the Minister (if any) responsible for the agency that provided the information—the inclusion of the information in the report is in the public interest.\n\nS. 138 inserted by No. 20/2019 s. 85.\n\n","sortOrder":183},{"sectionNumber":"138","sectionType":"section","heading":"Use and disclosure of information","content":"\t138 Use and disclosure of information\n\nThe Monitor must not use or disclose confidential information obtained or received in the course of, or as a result of, the performance of the functions of the Monitor except as permitted by this Act.\n\nS. 139 inserted by No. 20/2019 s. 85.\n\n","sortOrder":184},{"sectionNumber":"139","sectionType":"section","heading":"Secretary may provide assistance","content":"\t139  Secretary may provide assistance\n\nThe Monitor may request the Secretary to provide any assistance that is reasonably necessary for the Monitor to perform the Monitor's functions under this Act, including the provision of staff and facilities.\n\nS. 140 inserted by No. 20/2019 s. 85.\n\n","sortOrder":185},{"sectionNumber":"140","sectionType":"section","heading":"Fire Rescue Victoria and the Country Fire Authority to prepare outcomes frameworks and quarterly updates","content":"\t140 Fire Rescue Victoria and the Country Fire Authority to prepare outcomes frameworks and quarterly updates\n\n(1) Fire Rescue Victoria and the Country Fire Authority must each, by 1 August 2020, prepare an outcomes framework that sets out—\n\n(a) outcomes-based fire services performance measures for Fire Rescue Victoria or the Country Fire Authority, as the case requires; and\n\n(b) such other matters as are prescribed by the regulations.\n\n(2) After preparing an outcomes framework under subsection (1)—\n\n(a) the Fire Rescue Commissioner must cause a copy of the outcomes framework for Fire Rescue Victoria to be published on the Internet site of Fire Rescue Victoria; and\n\n(b) the Chief Officer of the Country Fire Authority must cause a copy of the outcomes framework for the Country Fire Authority to be published on the Internet site of the Country Fire Authority.\n\n(3) An outcomes framework under subsection (1) may be reviewed and amended from time to time, and each amended outcomes framework must be published as mentioned in subsection (2).\n\n(4) The Fire Rescue Commissioner and the Chief Officer of the Country Fire Authority must prepare, and provide to the Monitor, a quarterly update that sets out the performance of Fire Rescue Victoria or the Country Fire Authority, as the case requires, against the performance measures set out in the relevant outcomes framework.\n\n(5) The first update under subsection (4) must be provided to the Monitor on 1 November 2020, and subsequent updates must be provided to the Monitor on 1 February, 1 May, 1 August and 1 November each year.\n\n(6) An update under subsection (4) must be accompanied by any supporting data relied upon in its preparation.\n\nS. 141 inserted by No. 20/2019 s. 85.\n\n","sortOrder":186},{"sectionNumber":"141","sectionType":"section","heading":"Quarterly report to be prepared by the Monitor about updates","content":"\t141 Quarterly report to be prepared by the Monitor about updates\n\n(1) The Monitor must, after receiving the quarterly updates from Fire Rescue Victoria and the Country Fire Authority under section 140(4), prepare and publish a quarterly report that sets out—\n\n(a) the quarterly updates; and\n\n(b) any supporting data relied upon in the preparation of the quarterly updates; and\n\n(c) any other information that the Monitor considers relevant, including any comments on the accuracy of the quarterly updates or the supporting data.\n\n(2) The Monitor must cause a copy of a quarterly report prepared under subsection (1) to be published on the Internet site of the Monitor within 30 days after receiving the quarterly updates referred to in subsection (1).\n\nS. 142 inserted by No. 20/2019 s. 85.\n\n","sortOrder":187},{"sectionNumber":"142","sectionType":"section","heading":"Reports prepared by the Monitor","content":"\t142 Reports prepared by the Monitor\n\n(1) The Monitor must prepare a report on the operations of the Monitor in respect of each financial year as soon as practicable after the end of that financial year.\n\n(2) The Monitor may prepare a report on the operations of the Monitor at any other time.\n\n(3) The Monitor must ensure that a report under subsection (1) or (2) does not include information that is likely to identify a person unless the information is publicly available or the person has consented to the inclusion of the information in the report.\n\n(4) The Monitor must cause a report under subsection (1) or (2) to be laid before each House of the Parliament as soon as reasonably practicable after the report is prepared.\n\n(5) The Monitor must give a copy of each report prepared under subsection (1) or (2) to the Minister at least 28 days before the report is laid before a House of the Parliament under subsection (4).\n\n(6) The publication under this section of a report is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975**, and of any other Act or rule of law relating to the publication of the proceedings of the Parliament, apply to and in relation to the publication of that report as if—\n\n(a) it were a report to which those sections applied; and\n\n(b) it had been published by the Government Printer under the authority of the Parliament.\n\nS. 143 inserted by No. 20/2019 s. 85.\n\n","sortOrder":188},{"sectionNumber":"143","sectionType":"section","heading":"Review of this Part","content":"\t143 Review of this Part\n\nThe Minister must cause a review of the operation of this Part to be undertaken as soon as practicable after the fifth anniversary of the commencing day.\n\nS. 144 inserted by No. 20/2019 s. 85.\n\n","sortOrder":189},{"sectionNumber":"144","sectionType":"section","heading":"Regulations","content":"\t144 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.\n\n(2) The regulations may relate to the matters to be included by Fire Rescue Victoria and the Country Fire Authority in an outcomes framework under section 140(1).\n\n(3) The regulations may—\n\n(a) be of general or limited application; and\n\n(b) differ according to differences in time, place or circumstances; and\n\n(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person.\n\nS. 145 inserted by No. 20/2019 s. 85.\n\n","sortOrder":190},{"sectionNumber":"145","sectionType":"section","heading":"Repeal of sections 121 to 144","content":"\t145 Repeal of sections 121 to 144\n\nSections 121 to 144 are **repealed** on the tenth anniversary of the commencing day.\n\nS. 146 inserted by No. 20/2019 s. 85.\n\n","sortOrder":191},{"sectionNumber":"146","sectionType":"section","heading":"Transitional provision","content":"\t146 Transitional provision\n\n(1) As soon as practicable after the sunset day, the Monitor must prepare a report in accordance with section 142, as in force immediately before that day, with the following modifications.\n\n(2) The report is to cover the period beginning on 1 July in the year the sunset day occurs and ending on the sunset day.\n\n(3) The report must be provided to the Minister before the report is laid before a House of the Parliament.\n\n(4) In this section—\n\n***sunset day*** means the day that is the tenth anniversary of the commencing day.\n\nHeading preceding s. 147 inserted by No. 20/2019 s. 85.\n\n*Firefighters Registration Board*\n\nS. 147 inserted by No. 20/2019 s. 85.\n\n","sortOrder":192},{"sectionNumber":"147","sectionType":"section","heading":"Definitions","content":"\t147 Definitions\n\nIn this section and sections 148 to 159—\n\n***current firefighter*** means an officer or employee of Fire Rescue Victoria who is employed in a role of which fire fighting duties form a substantial part;\n\n***Firefighters Register*** means the register of persons who have been assessed as satisfying the requirements for inclusion on the Firefighters Register;\n\n***Firefighters Registration Board*** means the Board established under section 149;\n\n***Firefighters Registration Scheme*** means the scheme referred to in section 148;\n\n***qualification*** means the recognition, by the award or issue of a certificate or otherwise, that a person has achieved specified learning outcomes or competencies through the completion of a course;\n\n***qualification assessment*** means an assessment of whether a person satisfies the competency and qualification requirements for inclusion on the Firefighters Register and may include requirements in relation to certificates or other evidence in relation to those matters from professional organisations, higher education bodies or post-secondary technical or vocational educational institutions;\n\n***this Part*** means sections 147 to 159.\n\nS. 148 inserted by No. 20/2019 s. 85.\n\n","sortOrder":193},{"sectionNumber":"148","sectionType":"section","heading":"Firefighters Registration Scheme","content":"\t148 Firefighters Registration Scheme\n\n(1) This Part sets out the framework for the Firefighters Registration Scheme.\n\n(2) The objectives of the Firefighters Registration Scheme are—\n\n(a) to provide for the registration of—\n\n(i) officers and employees of Fire Rescue Victoria proposed to be made available to the Country Fire Authority under a secondment agreement within the meaning of section 25C(10); and\n\n(ii) other persons who wish to be employed by Fire Rescue Victoria in order to be made available to the Country Fire Authority under a secondment agreement within the meaning of section 25C(10); and\n\n(b) to provide for matters relating to the competencies necessary for the registration of such officers and employees; and\n\n(c) to provide a mechanism for determining through qualification assessments whether persons satisfy the competency requirements for inclusion on the Firefighters Register.\n\n(3) The Firefighters Registration Scheme is to be administered by the Firefighters Registration Board.\n\nS. 149 inserted by No. 20/2019 s. 85.\n\n","sortOrder":194},{"sectionNumber":"149","sectionType":"section","heading":"Establishment of Firefighters Registration Board","content":"\t149 Establishment of Firefighters Registration Board\n\n(1) There is to be a Firefighters Registration Board.\n\n(2) The Firefighters Registration Board consists of 4 members appointed under section 150.\n\n(3) The Firefighters Registration Board—\n\n(a) is a body corporate with perpetual succession; and\n\n(b) must have an official seal; and\n\n(c) may sue and be sued in its corporate name; and\n\n(d) may acquire, hold and dispose of real and personal property for the purpose of performing its functions; and\n\n(e) may do and suffer all acts and things that bodies corporate may by law do and suffer and that are necessary or incidental for the performance of its functions.\n\n(4) The Minister must appoint one of the members of the Firefighters Registration Board to be the Chairperson of the Board.\n\nS. 150 inserted by No. 20/2019 s. 85.\n\n","sortOrder":195},{"sectionNumber":"150","sectionType":"section","heading":"Appointment of members of the Firefighters Registration Board","content":"\t150 Appointment of members of the Firefighters Registration Board\n\n(1) The Governor in Council may, on the recommendation of the Minister, appoint a person as a member of the Firefighters Registration Board.\n\n(2) The members of the Board must include—\n\n(a) a nominee of the Minister; and\n\n(b) a nominee of an industrial body that is responsible for an enterprise agreement that applies to a fire services agency; and\n\n(c) a former senior firefighter, who is to be nominated by current firefighters in accordance with an election process prescribed by the regulations; and\n\n(d) an academic with relevant expertise, who is to be nominated by current firefighters in accordance with an election process prescribed by the regulations.\n\n(3) A member of the Firefighters Registration Board holds office for the period, not exceeding 5 years, specified in the member's instrument of appointment.\n\n(4) A member of the Firefighters Registration Board is entitled to receive—\n\nfixed by the Governor in Council.\n\n(5) A member of the Firefighters Registration Board is eligible for reappointment.\n\n(6) A member of the Firefighters Registration Board holds office on the terms and conditions specified in the member's instrument of appointment.\n\n(7) A member of the Firefighters Registration Board who is a public sector employee within the meaning of the **Public Administration Act 2004** is not entitled to remuneration in respect of the member's appointment.\n\nS. 151 inserted by No. 20/2019 s. 85.\n\n","sortOrder":196},{"sectionNumber":"151","sectionType":"section","heading":"When member ceases to hold office","content":"\t151 When member ceases to hold office\n\nA member of the Firefighters Registration Board ceases to hold office if the member—\n\n(a) resigns by notice in writing delivered to the Governor in Council; or\n\n(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or\n\n(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or\n\n(e) is removed from office under section 152.\n\nS. 152 inserted by No. 20/2019 s. 85.\n\n","sortOrder":197},{"sectionNumber":"152","sectionType":"section","heading":"Removal from office","content":"\t152 Removal from office\n\nA member of the Firefighters Registration Board may be removed from office by the Governor in Council on any of the following grounds—\n\n(c) inability to perform the duties of office;\n\n(d) any other ground on which the Governor in Council is satisfied that the person is unfit for office.\n\nS. 153 inserted by No. 20/2019 s. 85.\n\n","sortOrder":198},{"sectionNumber":"153","sectionType":"section","heading":"Independence of the Firefighters Registration Board","content":"\t153 Independence of the Firefighters Registration Board\n\nThe Firefighters Registration Board is not subject to the general direction or control of the Minister in respect of the performance of the Board's functions or duties or the exercise of the Board's powers.\n\nS. 154 inserted by No. 20/2019 s. 85.\n\n","sortOrder":199},{"sectionNumber":"154","sectionType":"section","heading":"Functions of the Firefighters Registration Board","content":"\t154 Functions of the Firefighters Registration Board\n\n(1) The Firefighters Registration Board has the following functions—\n\n(a) to administer the Firefighters Registration Scheme;\n\n(b) to perform the registration functions prescribed by the regulations in relation to—\n\n(i) maintaining the Firefighters Register; and\n\n(ii) including on the Firefighters Register persons who satisfy the competency requirements for inclusion on the Register;\n\n(c) to perform functions in respect of setting professional capability and standards, including but not limited to—\n\n(i) the recognition of qualifications and accredited courses of training, including through certificates or other evidence in relation to those matters from professional organisations, higher education bodies or post-secondary technical or vocational educational institutions; and\n\n(ii) the establishment and approval of competencies that will satisfy the requirements for inclusion on the Firefighters Register; and\n\n(iii) the development, establishment and maintenance of guidelines about appropriate standards;\n\n(d) the provision of advice to Fire Rescue Victoria and the Chief Officer of the Country Fire Authority about matters relating to the functions set out in paragraphs (a) and (b);\n\n(e) the provision of advice to the Minister on matters relating to the functions of the Firefighters Registration Board;\n\n(f) such other functions as are prescribed by this Act or any other Act or regulations under this Act or any other Act.\n\n(2) In performing its functions, the Firefighters Registration Board is to have regard to any relevant standards relating to qualifications and competencies that are applicable to fire‑fighting and emergency services.\n\nS. 155 inserted by No. 20/2019 s. 85.\n\n","sortOrder":200},{"sectionNumber":"155","sectionType":"section","heading":"Validity of acts","content":"\t155 Validity of acts\n\nAn act or decision of the Firefighters Registration Board is not invalid only—\n\n(a) because of a vacancy in the membership of the Board; or\n\n(b) because of a defect or irregularity in, or in connection with, the appointment of a member of the Board.\n\nS. 156 inserted by No. 20/2019 s. 85.\n\n","sortOrder":201},{"sectionNumber":"156","sectionType":"section","heading":"Powers of Firefighters Registration Board","content":"\t156 Powers of Firefighters Registration Board\n\nThe Firefighters Registration Board has all the powers necessary to perform the Board's functions.\n\nS. 157 inserted by No. 20/2019 s. 85.\n\n","sortOrder":202},{"sectionNumber":"157","sectionType":"section","heading":"Use and disclosure of information","content":"\t157 Use and disclosure of information\n\nA person must not use or disclose information obtained or received in relation to, or in connection with, the carrying out of a qualification assessment except as authorised by this Act, regulations under this Act or otherwise by law.\n\nS. 158 inserted by No. 20/2019 s. 85.\n\n","sortOrder":203},{"sectionNumber":"158","sectionType":"section","heading":"Reports prepared by the Firefighters Registration Board","content":"\t158 Reports prepared by the Firefighters Registration Board\n\n(1) The Firefighters Registration Board must prepare a report on the work and activities of the Firefighters Registration Board in respect of each financial year as soon as practicable after the end of the financial year.\n\n(2) The Firefighters Registration Board must give a report under subsection (1) to the Minister not later than 3 months after the end of the relevant financial year.\n\n(3) The Minister must cause a report under subsection (1) to be laid before each House of the Parliament on or before 31 October each year or, if the House is not sitting on that day, on the first sitting day of that House after 31 October.\n\n(4) If a report under subsection (1) has not been given to the Minister within the period referred to in subsection (2), the Minister must—\n\n(a) cause that fact, and the reasons for it, to be reported to each House of the Parliament; and\n\n(b) cause the report under subsection (1) to be laid before each House of the Parliament as soon as practicable after the Minister receives it.\n\n(5) The Firefighters Registration Board may also prepare a report on the work and activities of the Firefighters Registration Board at any time, and must give the report to the Minister as soon as practicable.\n\n(6) The Minister must cause a report under subsection (5) to be laid before each House of the Parliament as soon as practicable.\n\nS. 159 inserted by No. 20/2019 s. 85.\n\n","sortOrder":204},{"sectionNumber":"159","sectionType":"section","heading":"Regulations","content":"\t159 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.\n\n(2) The regulations may relate to the following—\n\n(a) the appointment of Board members including, but not limited to, the process for appointing a member referred to in section 150(2)(c) or (d);\n\n(b) the disclosure of Board members' interests;\n\n(c) acting appointments of Board members;\n\n(d) the conduct of Board meetings;\n\n(e) the immunity and liability of Board members;\n\n(f) the appointment, promotion, probation, transfer, suspension and removal of employees of the Board;\n\n(g) the duties and conduct of employees of the Board;\n\n(h) the powers of the Board to enter into agreement or arrangements;\n\n(i) delegations;\n\n(j) the preparation of the annual report by the Board;\n\n(k) the carrying out of the registration function of the Board and matters relating to the Register, including but not limited to the following—\n\n(i) applications for registration;\n\n(ii) renewal of registration;\n\n(iii) endorsement of registration;\n\n(iv) time limits;\n\n(v) conditions on registration and variation of such conditions;\n\n(vi) revocation of registration;\n\n(l) the conduct and coordination of qualifications assessments of officers and employees of Fire Rescue Victoria who are to be made available to the Country Fire Authority under a secondment agreement within the meaning of section 25C(10);\n\n(m) the establishment of competencies and setting of standards;\n\n(n) the criteria against which qualifications are to be assessed and decisions that may be made as a result of qualifications assessments;\n\n(o) the accreditation of training or qualifications;\n\n(p) the imposition of fees and charges;\n\n(q) methods of communication for the Board, notifications to be made by the Board and the form of advice or decisions of the Board;\n\n(r) review of decisions by VCAT;\n\n(s) any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Part.\n\n(3) The regulations may—\n\n(a) be of general or limited application; and\n\n(b) differ according to differences in time, place or circumstances; and\n\n(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person.\n\n(4) The regulations may—\n\n(a) apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; and\n\n(b) apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body as formulated, issued, prescribed (whether under this or any other Act) or published from time to time; and\n\n(c) impose a penalty not exceeding 100 penalty units for a contravention of the regulations.\n\n(5) Sections 6 and 7 of the **Subordinate Legislation Act 1994** do not apply to the first regulations made under this section.\n\nSchedules\n\nSch. 1 repealed by No. 2/1995 s. 22(f).\n\nS. 4.\n\nSch. 2 amended by S.R. No. 158/1974 reg. 2, substituted by No. 20/2019 s. 65, amended by No. 29/2020 s. 18.\n\nSchedule 2\n\nThe Fire Rescue Victoria fire district consists of the land delineated and coloured green on the plan lodged in the Central Plan Office and numbered LEGL./20-011.\n\nSch. 3 repealed by No. 7885 s. 9(3), new Sch. 3 inserted by No. 20/2019 s. 83, amended by No. 29/2020 s. 19.\n\nSchedule 3\n\n| *Item* | *Transferred functions* | *Integrated Fire Station or Country Fire Authority premises address or location* | *Staff* |\n| --- | --- | --- | --- |\n| 1 | Prevention and suppression of fires | Ballarat City<br>1120 Sturt Street, Ballarat Victoria 3350 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 2 | Prevention and suppression of fires | Belmont<br>2–4 Reynolds Road, Belmont Victoria 3216 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 3 | Prevention and suppression of fires | Bendigo<br>145–149 Hargreaves Street, Bendigo Victoria 3550 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 4 | Prevention and suppression of fires | Boronia<br>296–306 Boronia Road, Boronia Victoria 3155 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 5 | Prevention and suppression of fires | Caroline Springs<br>8–10 Caroline Springs Boulevard, Caroline Springs Victoria 3012 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 6 | Prevention and suppression of fires | Corio<br>20-32 Birdwood Avenue, Norlane Victoria 3214 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 7 | Prevention and suppression of fires | Craigieburn<br>2 Belsay Place, Craigieburn Victoria 3064 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 8 | Prevention and suppression of fires | Cranbourne<br>8–10 Arundel Street, Cranbourne Victoria 3977 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 9 | Prevention and suppression of fires | Dandenong<br>186–194 Princes Highway, Dandenong Victoria 3175 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 10 | Prevention and suppression of fires | Eltham<br>61 Brougham Street, Eltham Victoria 3095 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 11 | Prevention and suppression of fires | Frankston<br>3 Cranbourne Road, Frankston Victoria 3199 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 12 | Prevention and suppression of fires | Geelong City<br>69 McKillop Street, Geelong Victoria 3220 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 13 | Prevention and suppression of fires | Greenvale<br>33 Barrymore Road, Greenvale Victoria 3059 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 14 | Prevention and suppression of fires | Hallam<br>12–14 Belgrave-Hallam Road, Hallam Victoria 3803 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 15 | Prevention and suppression of fires | Tarneit<br>417 Derrimut Road, Tarneit Victoria 3029 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 16 | Prevention and suppression of fires | Lara<br>25 Mill Road, Lara Victoria 3212 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 17 | Prevention and suppression of fires | Latrobe West<br>77-79 Lloyd Street, Moe Victoria 3825 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 18 | Prevention and suppression of fires | Lucas<br>89 Ballarat-Carngham Road, Winter Valley Victoria 3358 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 19 | Prevention and suppression of fires | Melton<br>40–44 Henry Street, Melton Victoria 3337 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 20 | Prevention and suppression of fires | Mildura<br>326 San Mateo Avenue, Mildura Victoria 3500 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 21 | Prevention and suppression of fires | Mornington<br>859 Nepean Highway, Mornington Victoria 3931 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 22 | Prevention and suppression of fires | Morwell<br>26 Mcdonald Street, Morwell Victoria 3840 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 23 | Prevention and suppression of fires | Ocean Grove<br>5–11 Shell Road, Ocean Grove Victoria 3226 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 24 | Prevention and suppression of fires | Pakenham<br>780 Princes Highway, Pakenham Victoria 3810 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 25 | Prevention and suppression of fires | Patterson River<br>37 McLeod Road, Carrum Victoria 3197 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 26 | Prevention and suppression of fires | Point Cook<br>85–93 Dunnings Road, Point Cook Victoria 3030 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 27 | Prevention and suppression of fires | Portland<br>130 Percy Street, Portland Victoria 3305 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 28 | Prevention and suppression of fires | Rosebud<br>99–101 Boneo Road, Rosebud Victoria 3939 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 29 | Prevention and suppression of fires | Rowville<br>1063 Wellington Road, Rowville Victoria 3178 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 30 | Prevention and suppression of fires | Shepparton<br>268 Maude Street, Shepparton Victoria 3630 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 31 | Prevention and suppression of fires | South Morang<br>875 Plenty Road, South Morang Victoria 3752 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 32 | Prevention and suppression of fires | South Warrandyte<br>29 Falconer Road, Park Orchards Victoria 3114 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 33 | Prevention and suppression of fires | Springvale<br>518 Springvale Road, Springvale South Victoria 3172 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 34 | Prevention and suppression of fires | Sunbury<br>144 Gap Road, Sunbury Victoria 3429 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 35 | Prevention and suppression of fires | Traralgon<br>158 Princes Street, Traralgon Victoria 3844 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 36 | Prevention and suppression of fires | Wangaratta<br>26–30 Handley Street, Wangaratta Victoria 3677 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 37 | Prevention and suppression of fires | Warrnambool<br>61–67 Mortlake Road, Warrnambool Victoria 3280 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 38 | Prevention and suppression of fires | Wodonga<br>81 Thomas Mitchell Drive, Wodonga Victoria 3690 | Operations Officers (Officer in charge of the Integrated Brigades)<br>Senior Station Officers (On shift)<br>Station Officers<br>Leading Fire Fighters<br>Fire Fighters |\n| 39 | Liaison between the fire services and the power generation industry including the responsibility for these risks and the planning and preparedness for response to these risks | Morwell<br>20 Hazelwood Road, Morwell Victoria 3840 | Operations Officer – Critical Infrastructure |\n| 40 | Prevention and suppression of fires | Victorian Emergency Management Training Centre—CRAIGIEBURN<br>284–290 Hume Highway, Craigieburn Victoria 3064 | Recruit Fire Fighters |\n| 41 | Provision of training to Integrated Brigades | All locations in Victoria | Senior Instructors<br>Instructors<br>Practical Area (Drill) Operators |\n\nSch. 4 repealed by No. 99/1993 s. 18(d).\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Metropolitan Fire Brigades Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.\n\nThe title of this Act was changed from the **Metropolitan Fire Brigades Act 1958** to the **Fire Rescue Victoria Act 1958** by section 23(1) of the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019**, No. 20/2019.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Fire Rescue Victoria Act 1958** by Acts and subordinate instruments.\n\n**Fire Rescue Victoria Act 1958, No. 6315/1958**\n\n| *Assent Date:* | 30.9.58 |\n| *Commencement Date:* | S. 82 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |\n| *Note:* | S. 82 inserted s. 119(7) which provided that s. 119 expired on 31.12.20 |\n\n**Metropolitan Fire Brigades (Board) Act 1958, No. 6434/1958**\n\n| Assent Date: | 28.10.58 |\n| Commencement Date: | 28.10.58 |\n\n**Metropolitan Fire Brigades (Borrowing Powers) Act 1959, No. 6568/1959**\n\n| Assent Date: | 1.12.59 |\n| Commencement Date: | 1.12.59 |\n\n**Metropolitan Fire Brigades (Borrowing Powers) Act 1960, No. 6614/1960**\n\n| Assent Date: | 10.5.60 |\n| Commencement Date: | 10.5.60 |\n\n**Subordinate Legislation Act 1962, No. 6886/1962**\n\n| Assent Date: | 8.5.62 |\n| Commencement Date: | 1.8.62: Government Gazette 4.7.62 p. 2314 |\n\n**Metropolitan Fire Brigades (Long Service Leave) Act 1964, No. 7154/1964**\n\n| Assent Date: | 6.10.64 |\n| Commencement Date: | 6.10.64 |\n\n**Public Officers (Long Service Leave) Act 1967, No. 7536/1967**\n\n| Assent Date: | 17.3.67 |\n| Commencement Date: | 17.3.67 |\n\n**Fire Authorities (Borrowing Powers) Act 1969, No. 7864/1969**\n\n| Assent Date: | 21.10.69 |\n| Commencement Date: | 21.10.69 |\n\n**Fire Brigades (Contributions) Act 1969, No. 7885/1969**\n\n| Assent Date: | 2.12.69 |\n| Commencement Date: | 1.7.70: Government Gazette 1.7.70 p. 2271 |\n\n**Metropolitan Fire Brigades (Amendment) Act 1969, No. 7926/1969**\n\n| Assent Date: | 16.12.69 |\n| Commencement Date: | 17.6.70: Government Gazette 10.6.70 p. 1958 |\n\n**Metropolitan Fire Brigades (Amendment) Act 1970, No. 8019/1970**\n\n| Assent Date: | 2.12.70 |\n| Commencement Date: | 27.1.71 (*except* for ss 4, 5, 7, 8): Government Gazette 21.1.71 p. 200; ss 4, 5, 7, 8 on 15.12.72: Government Gazette 13.12.72 p. 3977 |\n\n**Statutory Salaries Act 1971, No. 8165/1971**\n\n| Assent Date: | 3.11.71 |\n| Commencement Date: | 3.11.71: Government Gazette 13.12.72 p. 3977 |\n\n**Metropolitan Fire Brigades (Amendment) Act 1973, No. 8476/1973**\n\n| Assent Date: | 20.11.73 |\n| Commencement Date: | All of Act (*except* s. 4) on 20.11.73: s. 1(3); s. 4 on 1.7.74: s. 4(2) |\n\n**Constitution Act 1975, No. 8750/1975**\n\n| Assent Date: | 22.10.75 |\n| Commencement Date: | 1.12.75: Government Gazette 26.11.75 p. 3888 |\n\n**Metropolitan Fire Brigades (Borrowing Powers) Act 1975, No. 8753/1975**\n\n| Assent Date: | 18.11.75 |\n| Commencement Date: | 18.11.75 |\n\n**Metropolitan Fire Brigades (Long Service Leave) Act 1975, No. 8760/1975**\n\n| Assent Date: | 18.11.75 |\n| Commencement Date: | 18.11.75 |\n\n**Statute Law Revision Act 1977, No. 9019/1977**\n\n| Assent Date: | 17.5.77 |\n| Commencement Date: | 17.5.77 |\n\n**Metropolitan Fire Brigades (Amendment) Act 1981, No. 9599/1981**\n\n| Assent Date: | 24.11.81 |\n| Commencement Date: | 24.11.81 |\n\n**Metropolitan Fire Brigades (Amendment) Act 1982, No. 9727/1982**\n\n| Assent Date: | 22.6.82 |\n| Commencement Date: | 22.6.82 |\n\n**Fire Authorities Act 1983, No. 9928/1983**\n\n| Assent Date: | 28.6.83 |\n| Commencement Date: | S. 13 on 29.6.83: Government Gazette 29.6.83 p. 1889; rest of Act on 20.7.83: Government Gazette 20.7.83 p. 2291 |\n\n**Metropolitan Fire Brigades (Amendment) Act 1984, No. 10043/1984**\n\n| Assent Date: | 1.5.84 |\n| Commencement Date: | Ss 1–3, 13 on 2.5.84: Government Gazette 2.5.84 p. 1363; ss 4–12 on 9.5.84: Government Gazette 9.5.84 p. 1387 |\n\n**Fire Authorities Act 1984, No. 10149/1984** (as amended by No. 10173)\n\n| Assent Date: | 13.11.84 |\n| Commencement Date: | S. 21(2) on 31.10.84: s. 2(2); ss 1–3, 5, 7–9, 11, 12, 22–25 on 13.11.84: Government Gazette 13.11.84 p. 4051; rest of Act on 1.12.84: Government Gazette 30.11.84 p. 4207 |\n\n**Coroners Act 1985, No. 10257/1985**\n\n| Assent Date: | 10.12.85 |\n| Commencement Date: | Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115 |\n\n**Health (Amendment) Act 1985, No. 10262/1985**\n\n| Assent Date: | 10.12.85 |\n| Commencement Date: | S. 4 on 1.3.86: Government Gazette 26.2.86 p. 451 |\n\n**Courts Amendment Act 1986, No. 16/1986**\n\n| Assent Date: | 22.4.86 |\n| Commencement Date: | Ss 1–11, 13–27, 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701 |\n\n**Fire Authorities (Amendment) Act 1986, No. 45/1986**\n\n| Assent Date: | 20.5.86 |\n| Commencement Date: | S. 7 on 1.11.86: s. 2(1); ss 1–6, 9–14 on 21.5.86: Government Gazette 21.5.86 p. 1484; s. 8 on 1.8.86: Government Gazette 30.7.86 p. 2945 |\n\n**Land Acquisition and Compensation Act 1986, No. 121/1986**\n\n| Assent Date: | 23.12.86 |\n| Commencement Date: | 29.11.87: Government Gazette 25.11.87 p. 3224 |\n\n**Fire Authorities Act 1987, No. 43/1987**\n\n| Assent Date: | 19.5.87 |\n| Commencement Date: | Ss 1, 2, 4, 6, 7, 9, 13 on 20.5.87; ss 3, 5, 8, 10–12, 14 on 1.7.87: Government Gazette 20.5.87 p. 1155 |\n\n**Liquor Control Act 1987, No. 97/1987**\n\n| Assent Date: | 1.12.87 |\n| Commencement Date: | S. 181(10) on 3.5.88: Government Gazette 27.4.88 p. 1044 |\n\n**State Bank Act 1988, No. 29/1988**\n\n| Assent Date: | 17.5.88 |\n| Commencement Date: | 9.6.88: Government Gazette 8.6.88 p. 1582 |\n\n**State Superannuation Act 1988, No. 50/1988**\n\n| Assent Date: | 24.5.88 |\n| Commencement Date: | S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87: s. 2(2); Pt 1, Pt 6 Div. 2, s. 91 on 1.1.88: s. 2(3); rest of Act on 1.7.88: Government Gazette 1.6.88 p. 1487 |\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989** (as amended by No. 13/1990)\n\n| Assent Date: | 9.5.89 |\n| Commencement Date: | S. 4(1)(Sch. 2 items 79.1–79.6, 79.8–79.12,    79.14–79.18, 79.20) on 1.11.89: Government Gazette 1.11.89 p. 2798; (Sch. 2 items 79.7, 79.13, 79.19) on 1.10.92: Government Gazette 23.9.92 p. 2789 |\n\n**Fire Authorities Act 1989, No. 50/1989** (as amended by No. 91/1989)\n\n| Assent Date: | 14.6.89 |\n| Commencement Date: | S. 29 on 30.6.89: Government Gazette 28.6.89 p. 1559; ss 28, 30, 33–36, 38–43 on 1.7.89: Government Gazette 28.6.89 p. 1559; ss 27,    44(3)–(6)(9)(10)(12) on 1.12.89: Government Gazette 8.11.89 p. 2864; ss 32, 44(2)(7)(8) on 1.1.90: Special Gazette (No. 71) 5.12.89 p. 1; ss 31, 37, 44(1) on 3.7.90: Special Gazette (No. 31) 3.7.90 p. 1 |\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n\n**Fire Authorities (Contributions) Act 1989, No. 91/1989**\n\n| Assent Date: | 5.12.89 |\n| Commencement Date: | Ss 1–6, 7(b)–(h), 8 on 12.12.89: Special Gazette (No. 72) 12.12.89 p. 1; s. 7(a) on 1.9.94: Special Gazette (No. 58) 30.8.94 p. 1 |\n\n**State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990**\n\n| Assent Date: | 18.12.90 |\n| Commencement Date: | Pts 1 (ss 1–6), 2 (ss 7, 8) on 18.12.90: s. 2(1); Pt 4 (ss 28–38) on 31.12.90: s. 2(2); rest of Act (Pts 3, 5) on 1.1.91: Special Gazette (No. 73) 31.12.90 p. 1 |\n\n**Fire Authorities (Amendment) Act 1991, No. 5/1991**\n\n| Assent Date: | 16.4.91 |\n| Commencement Date: | Ss 3 (*except* sub-s. (5)), 4 (*except* sub-s. (5)) on 12.12.89: s. 2(2); ss 3(5), 4(5) on 1.10.90: s. 2(3); rest of Act on 16.4.91: s. 2(1) |\n\n**Fire and Emergency Services (Miscellaneous Amendments) Act 1992, No. 39/1992**\n\n| Assent Date: | 16.6.92 |\n| Commencement Date: | 30.6.92: Government Gazette 24.6.92 p. 1531 |\n\n**Industrial Relations (Enterprise Bargaining) Act 1992, No. 47/1992**\n\n| Assent Date: | 23.6.92 |\n| Commencement Date: | 1.8.92: Government Gazette 22.7.92 p. 1874 |\n\n**Employee Relations Act 1992, No. 83/1992**\n\n| Assent Date: | 24.11.92 |\n| Commencement Date: | S. 184(Sch. 6 items 14.1–14.3) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1 |\n\n**Borrowing and Investment Powers (Amendment) Act 1993, No. 99/1993**\n\n| Assent Date: | 23.11.93 |\n| Commencement Date: | Pt 1 (ss 1–3) on 23.11.93: s. 2(1); rest of Act on 24.5.94: s. 2(3) |\n\n**Fire Authorities (Miscellaneous Amendments) Act 1995, No. 2/1995**\n\n| Assent Date: | 15.3.95 |\n| Commencement Date: | Pts 1, 2 (ss 1–3) on 15.3.95: s. 2(1); ss 4, 16 on 23.3.95: Government Gazette 23.3.95 p. 611; rest of Act on 1.9.95: s. 2(3) |\n\n**Equal Opportunity Act 1995, No. 42/1995**\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | S. 224(Sch. 2 item 25) on 1.1.96: Government Gazette 21.12.95 p. 3571 |\n\n**Port Services Act 1995, No. 82/1995**\n\n| Assent Date: | 28.11.95 |\n| Commencement Date: | S. 206 on 14.12.95: Government Gazette 14.12.95 p. 3488 |\n\n**Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996**\n\n| Assent Date: | 12.12.96 |\n| Commencement Date: | S. 10(Sch. 2 items 15.1–15.3) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 |\n\n**Fire Authorities (Amendment) Act 1997, No. 24/1997** (as amended by No. 74/2000)\n\n| Assent Date: | 20.5.97 |\n| Commencement Date: | Pt 3 on 1.9.97: Government Gazette 14.8.97 p. 2085 |\n\n**Port Services (Amendment) Act 1997, No. 63/1997**\n\n| Assent Date: | 5.11.97 |\n| Commencement Date: | S. 10(4)(Sch. items 3.1, 3.2) on 10.12.97: Government Gazette 4.12.97 p. 3290 |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998**\n\n| Assent Date: | 2.6.98 |\n| Commencement Date: | S. 311(Sch. 1 item 62) on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n\n**Local Government (Governance and Melton) Act 1998, No. 86/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 23 on 1.7.99: Government Gazette 17.6.99 p. 1406 |\n\n**Emergency Management (Amendment) Act 2000, No. 48/2000**\n\n| Assent Date: | 14.6.00 |\n| Commencement Date: | 15.6.00: s. 2 |\n\n**Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002**\n\n| Assent Date: | 23.4.02 |\n| Commencement Date: | S. 3(Sch. item 11) on 23.4.02: s. 2 |\n\n**Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, No. 49/2002**\n\n| Assent Date: | 22.10.02 |\n| Commencement Date: | Ss 26–29 on 23.10.02: s. 2(1) |\n\n**Port Services (Port of Melbourne Reform) Act 2003, No. 23/2003** (as amended by No. 29/2006)\n\n| Assent Date: | 13.5.03 |\n| Commencement Date: | S. 28 on 3.11.03: Government Gazette 30.10.03 p. 2744 |\n\n**Victorian Urban Development Authority Act 2003, No. 59/2003**\n\n| Assent Date: | 16.6.03 |\n| Commencement Date: | S. 122 on 1.8.03: Government Gazette 31.7.03 p. 2125 |\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | S. 163 on 1.7.04: s. 2(2) |\n\n**Crimes (Amendment) Act 2004, No. 41/2004**\n\n| Assent Date: | 16.6.04 |\n| Commencement Date: | S. 22 on 17.6.04: s. 2 |\n\n**Emergency Services Telecommunications Authority Act 2004, No. 98/2004**\n\n| Assent Date: | 14.12.04 |\n| Commencement Date: | S. 41 on 1.7.05: Government Gazette 9.6.05 p. 1175 |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 133) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Statute Law Revision Act 2005, No. 10/2005**\n\n| Assent Date: | 27.4.05 |\n| Commencement Date: | S. 3(Sch. 1 item 16) on 28.4.05: s. 2 |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 68) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n\n**Victoria State Emergency Service Act 2005, No. 51/2005**\n\n| Assent Date: | 24.8.05 |\n| Commencement Date: | Ss 67–74 on 1.7.06: s. 2(3) |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | S. 94(Sch. item 32) on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n\n**City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 27 on 1.7.07: Government Gazette 28.6.07 p. 1303 |\n\n**Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | S. 26(Sch. item 70) on 11.10.06: s. 2(1) |\n\n**Coroners Act 2008, No. 77/2008**\n\n| Assent Date: | 11.12.08 |\n| Commencement Date: | S. 129(Sch. 2 item 17) on 1.11.09: s. 2 |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 2 item 35) on 1.1.10: s. 2(2) |\n\n**Health and Human Services Legislation Amendment Act 2010, No. 29/2010**\n\n| Assent Date: | 8.6.10 |\n| Commencement Date: | S. 65 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |\n\n**Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010**\n\n| Assent Date: | 17.8.10 |\n| Commencement Date: | Ss 51, 52 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1 |\n\n**Justice Legislation Further Amendment Act 2010, No. 64/2010**\n\n| Assent Date: | 28.9.10 |\n| Commencement Date: | Ss 23–26 on 1.11.10: Government Gazette 21.10.10 p. 2530 |\n\n**Fire Services Commissioner Act 2010, No. 73/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | Ss 53–58 on 1.12.10: s. 2(2) |\n\n**Emergency Services Legislation Amendment Act 2012, No. 5/2012**\n\n| Assent Date: | 6.3.12 |\n| Commencement Date: | Ss 59–98 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1 |\n\n**Fire Services Property Levy Act 2012, No. 58/2012** (as amended by No. 81/2012)\n\n| Assent Date: | 16.10.12 |\n| Commencement Date: | Ss 104, 106, 107 on 17.10.12: s. 2(1); s. 105(2) on 31.12.12: s. 2(2); ss 105(1), 108 on 1.7.13: s. 2(3); ss 103, 109, 110(1) on 1.7.14: s. 2(5); s. 110(2) on 1.7.15: s. 2(7) |\n\n**Emergency Management Act 2013, No. 73/2013**\n\n| Assent Date: | 3.12.13 |\n| Commencement Date: | Ss 88–90 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| *Commencement Date:* | S. 160(Sch. 2 item 63) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 113) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015**\n\n| *Assent Date:* | 22.9.15 |\n| *Commencement Date:* | Ss 33, 34 on 23.9.15: s. 2(1) |\n\n**Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016**\n\n| *Assent Date:* | 22.3.16 |\n| *Commencement Date:* | S. 179(Sch. 1 item 6) on 1.11.16: Special Gazette (No. 325) 25.10.16 p. 1 |\n\n**Environment Protection Amendment Act 2018, No. 39/2018** (as amended by No. 11/2020)\n\n| *Assent Date:* | 28.8.18 |\n| *Commencement Date:* | S. 43 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 |\n\n**Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019**\n\n| *Assent Date:* | 2.7.19 |\n| *Commencement Date:* | Ss 23–55, 58–65, 82–143 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |\n| *Note:* | S. 82 inserted s. 119(7) which provides that s. 119 expires on 31.12.20; s. 85 inserted s. 145 which repeals ss 121–144 on 1.7.30 |\n\n**Local Government Act 2020, No. 9/2020**\n\n| *Assent Date:* | 24.3.20 |\n| *Commencement Date:* | S. 390(Sch. 1 item 70.1) on 1.5.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 70.2) on 1.7.21: s. 2(4) |\n\n**Police and Emergency Legislation Amendment Act 2020, No. 29/2020**\n\n| *Assent Date:* | 27.10.20 |\n| *Commencement Date:* | Ss 18, 19 on 2.12.20: Special Gazette (No. 624) 1.12.20 p. 1 |\n\n**Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022**\n\n| *Assent Date:* | 24.5.22 |\n| *Commencement Date:* | S. 91 on 1.7.22: Government Gazette 23.6.22 p. 2737 |\n\n**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**\n\n| *Assent Date:* | 5.9.23 |\n| *Commencement Date:* | S. 7(Sch. 1 item 12) on 6.9.23: s. 2 |\n\n**Triple Zero Victoria Act 2023, No. 32/2023**\n\n| *Assent Date:* | 8.11.23 |\n| *Commencement Date:* | Ss 100, 101 on 15.12.23: Special Gazette (No. 670) 12.12.23 p. 1 |\n\n**Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024**\n\n| Assent Date: | 20.2.24 |\n| Commencement Date: | Ss 5−8 on 21.2.24: s. 2(1) |\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| *Assent Date:* | 10.9.24 |\n| *Commencement Date:* | S. 113(Sch. 1 item 11) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n\n**Fire Services Property Amendment (Emergency Services and Volunteers Fund) Act 2025, No. 16/2025**\n\n| *Assent Date:* | 27.5.25 |\n| *Commencement Date:* | S. 22(2) on 1.7.25: s. 2 |\n\nMetric Conversion (Metropolitan Fire Brigades Act 1958) Regulations 1974, S.R. No. 158/1974\n\n| Date of Making: | 7.5.74 |\n| Date of Commencement: | 7.5.74 |\n\n3 Explanatory details\n\n1. S. 63: The amendment proposed by section 58(3) of the **Fire Services Commissioner Act 2010**, No. 73/2010 is not included in this publication due to the earlier repeal of section 63 by section 26 of the **Justice Legislation Further Amendment Act 2010**, No. 64/2010. [↑](#endnote-ref-2)","sortOrder":205}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown well beyond its original 1958 purpose of consolidating metropolitan fire brigade law and establishing a Board for the metropolitan district. The 2019 reforms (reflected throughout the current text) expanded it into a framework for statewide fire-service integration, creation of new statutory bodies (Fire District Review Panel, Strategic Advisory Committee, Firefighters Registration Board, Fire Services Implementation Monitor), formal recognition of volunteer contributions, and alignment with broader emergency management sector objectives under the Emergency Management Act 2013. Sections such as 2A, 7(1)(bb), 7AB–7AE and the new Parts on the Monitor and Registration Board illustrate how the Act now addresses workforce reform, inter-agency collaboration and long-term funding sustainability that were never part of the original metropolitan-focused statute."},"complexity_factors":["Over 150 sections spread across multiple Parts covering governance, operations, finance, discipline, appeals, long service leave, fire prevention and transitional arrangements","Interpretation section (s. 3) contains dozens of defined terms with repeated cross-references to the Emergency Management Act 2013, Country Fire Authority Act 1958, Public Administration Act 2004 and other statutes","Multi-stage, conditional procedures for district boundary reviews (ss. 4A–4N) involving a Review Panel, mandatory consultation, suspension periods if volunteer capacity is affected, and ministerial determinations that can trigger further reviews","Extensive transitional provisions (ss. 98A–120 and 146) that allocate staff, property and liabilities from the former Metropolitan Fire and Emergency Services Board and Country Fire Authority, including detailed allocation statement rules","Layered exceptions and safeguards in operational powers (e.g. s. 8(3) limits on ministerial directions, s. 32B senior officer powers, s. 55E extra-district activities) and overlapping penalty regimes"],"plain_english_summary":"**The Fire Rescue Victoria Act 1958** sets up and runs the main fire and emergency service for Victoria's biggest cities and urban areas (called the Fire Rescue Victoria fire district).\n\nIt creates **Fire Rescue Victoria (FRV)** as the official body that must:\n- Fight fires, prevent them from starting or spreading, and handle other emergencies like hazardous material incidents.\n- Work closely with the Country Fire Authority (the mainly volunteer service for rural and regional areas) so both organisations share resources, respect volunteers, and respond quickly when demand is high.\n- Follow statewide plans for managing big disasters and warn the public about fire risks.\n\nThe law also sets rules for:\n- Regularly checking and possibly changing the fire district boundaries if risks change (for example, because of new housing or factories).\n- Giving notices to property owners or councils to clear fire hazards.\n- Handling false alarms, stopping people from lighting fires in dangerous weather, and closing roads near fires.\n- Employing and managing firefighters, including their pay, discipline, appeals, and long service leave.\n- Funding the service through a mix of state money and a property levy.\n\nIt affects anyone living, working or owning property in the urban fire district, local councils, businesses that store dangerous materials, and all firefighters (both paid career staff and volunteers). The law matters because it keeps people and buildings safe in crowded city areas, makes sure paid and volunteer teams support each other, and creates clear rules so fire services can respond fast and fairly when fires or emergencies happen."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has changed substantially from its original intent. Originally enacted as the 'Metropolitan Fire Brigades Act 1958', it was designed to govern a traditional metropolitan fire brigade limited to Melbourne and surrounds. Over time — and particularly with the creation of Fire Rescue Victoria — it was expanded to cover a modernised, broader professional fire service with updated governance structures, contemporary employment frameworks, and a wider operational footprint across Victoria's urban areas. The renaming itself signals a significant philosophical and organisational shift beyond the original metropolitan focus."},"complexity_factors":["Extremely long legislative history spanning over 65 years with numerous amendments","Renamed and substantially restructured during the Fire Rescue Victoria reforms, creating layered legal obligations from different eras","Intersects with multiple other Acts including occupational health and safety, industrial relations, emergency management, and planning laws","Governs a complex public authority with operational, employment, financial, and governance dimensions","Emergency powers provisions involve nuanced legal thresholds and rights that balance individual property rights against public safety","Only partial text provided for analysis, limiting full assessment of technical provisions","Funding and levy mechanisms typically involve complex calculations and jurisdictional interactions with insurers and local government"],"plain_english_summary":"## Fire Rescue Victoria Act 1958\n\n**What is this law?**\nThis is a Victorian law that established and governs **Fire Rescue Victoria (FRV)** — the professional fire service responsible for responding to fires and emergencies, primarily in metropolitan Melbourne and other urban areas across Victoria.\n\n**Who does it affect?**\n- **Victorian residents and businesses** — particularly those in FRV's coverage areas (mainly Melbourne and larger regional cities), who rely on this service for fire and emergency response\n- **FRV firefighters and staff** — their employment, duties, and workplace conditions are governed by this Act\n- **Property owners** — may have obligations or rights under this law (e.g., regarding fire safety or levy contributions)\n- **Local councils and other government bodies** — may interact with FRV under this framework\n\n**Why does it matter?**\nThis Act is the legal foundation for how Victoria's professional fire service operates. It sets out:\n- How FRV is structured and governed\n- The powers firefighters have when responding to emergencies (e.g., entering properties, controlling fire scenes)\n- Funding arrangements for the fire service\n- Employment and operational rules\n\n**Important context:** This Act was originally called the *Metropolitan Fire Brigades Act 1958* and has been significantly updated over the decades, including a major rename and restructure when Fire Rescue Victoria was created as a modern organisation. It has been in operation for over 65 years, making it one of Victoria's longstanding public safety laws."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally enacted as the Metropolitan Fire Brigades Act 1958 covering only the metropolitan fire district for the Metropolitan Fire Brigades Board, the Act has been massively expanded. The 2019 reforms (Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act) renamed it, replaced the Board with Fire Rescue Victoria, created a new fire district that includes regional centres, introduced secondment of FRV staff to the CFA, established the Fire District Review Panel, the Fire Services Implementation Monitor, and the Firefighters Registration Board. The Act now governs integrated fire stations, a registration scheme, long-term funding plans, and extensive oversight mechanisms far beyond the original simple brigade structure."},"complexity_factors":["Over 40 defined terms, many cross-referencing other Acts (e.g., Country Fire Authority Act, Emergency Management Act)","Massive length: more than 200 sections across 19 Parts with 3 schedules","Nested exceptions and conditions (e.g., ministerial directions cannot cover operational matters listed in s.8(3))","Multiple layers of delegation and appointment provisions (Fire Rescue Commissioner, Deputy Commissioners, acting arrangements)","Complex transitional provisions (ss 98A–120) dealing with staff transfers, property allocation, and legacy references","Fire Services Implementation Monitor Part (ss 121–146) includes sunset clause, information-gathering powers, and multiple reporting requirements","Firefighters Registration Board Part (ss 147–159) introduces a registration scheme with extensive regulatory power","Schedule 3 lists 41 integrated fire stations with specific staff classifications, requiring close reading","Cross-references to subordinate legislation (regulations) for many details, especially on fees, discipline, and registration"],"plain_english_summary":"This Act establishes Fire Rescue Victoria (FRV) as the primary fire and emergency services agency for a defined area (the FRV fire district), which covers metropolitan Melbourne and some regional centres. It sets out FRV's functions: fire suppression, prevention, emergency response, and providing support to the Country Fire Authority (CFA). The Act also creates several oversight bodies: the Fire District Review Panel (reviews the district boundaries every 4 years), the Fire Services Implementation Monitor (tracks implementation of 2019 reforms), and the Firefighters Registration Board (sets competency standards for firefighters seconded to the CFA). It gives FRV powers to access property, issue fire prevention notices, close roads during fires, and charge for certain services. Funding comes from a state levy and consolidated revenue. The Act includes detailed provisions on staff transfers between the former Metropolitan Fire and Emergency Services Board and the new FRV, and on seconding FRV employees to the CFA. It also contains offences for false alarms, obstruction, and causing fires in dangerous conditions. Long service leave rules for FRV employees are included."}},"importantCases":[],"_links":{"self":"/api/acts/fire-rescue-victoria-act-1958","history":"/api/acts/fire-rescue-victoria-act-1958/history","analysis":"/api/acts/fire-rescue-victoria-act-1958/analysis","conflicts":"/api/acts/fire-rescue-victoria-act-1958/conflicts","importantCases":"/api/acts/fire-rescue-victoria-act-1958/important-cases","documents":"/api/acts/fire-rescue-victoria-act-1958/documents"}}