Country Fire Authority Act 1958

The Act has a broad reach, directly affecting several distinct groups.

Volunteer and paid CFA personnel: The CFA is statutorily recognised as a volunteer-based organisation (s 6F), with approximately 95% of its operational workforce being volunteers (reflected in the Volunteer Charter at s 6G and the Authority's duty to strengthen volunteer capacity under s 6I). Volunteer officers and members (defined in s 3(1)) enjoy immunities (s 92), compensation for injury (s 63), and appeal rights (s 74I). Paid staff, including the Chief Officer, Deputy Chief Officers, Chief Executive Officer, and seconded Fire Rescue Victoria officers (s 3(1) definition of "officer"), are subject to the Authority's employment powers (s 17) and must comply with incident management procedures (s 6E).

Rural landowners, occupiers, and industries: Owners and occupiers (defined via the Subdivision Act 1988 in s 3(1)) face positive duties during fire danger periods (s 34), prohibitions on lighting fires (s 37), and liability for high fire-risk activities (s 39E). They may receive fire prevention notices (s 41) or be required to form industry brigades in designated areas (s 23AA). Sawmillers have specific obligations regarding by-product disposal (s 49). The Act binds public authorities and administrative units (s 3(1)), requiring them to abate hazards on their land (s 43).

Municipal councils and fire prevention officers: Every council whose district is wholly or partly in the country area must appoint a municipal fire prevention officer (s 96A) and prepare neighbourhood safer places plans (s 50F). Councils identify and designate safer places (s 50G), maintain them (s 50I), and provide updated lists to the CFA (s 50K). They may be directed to install hydrants (s 36) and are subject to Governor in Council intervention if duties are not performed (s 45).

Other emergency agencies and interstate/international brigades: The Act mandates collaboration with Emergency Management Victoria, the Emergency Management Commissioner, and Fire Rescue Victoria (ss 2, 6C, 20AC). Interstate and international fire brigades operating in Victoria fall under CFA command (s 93A) and receive immunities (s 92). The State Response Controller and controllers under the Emergency Management Act 2013 may direct persons (s 30A).

The broader community: Residents benefit from warnings (s 50B), advice on building defendability (s 50P), and safer places (Part IIIA). Insurers indirectly fund the system via the Emergency Services and Volunteers Fund levy (s 76, as amended). Anyone causing fires with intent or in extreme conditions faces indictable offences (ss 39A–39C).

In short, the Act structures a volunteer-centric, community-embedded fire service while imposing obligations on those who own, manage, or occupy land in fire-prone areas. Its effects are felt daily in rural planning, seasonal fire restrictions, and emergency response.

CFA duties: The Authority's general duty is to superintend prevention and suppression of fires and protect life and property in the country area (s 20). It must assist in major emergencies (s 20AAA), implement Strategic Action Plans (s 6DB), comply with operational standards and incident management procedures (ss 6D, 6E), and encourage volunteer capacity (s 6I). It prepares annual reports (s 24) and may charge for certain services (s 87AA).

Chief Officer powers and duties: The Chief Officer controls all brigades (s 27), may delegate (s 28), issue fire prevention notices (s 41F), close roads (s 44A), advise on building defendability (s 50P), and direct warnings (s 50B). At a fire, the Chief Officer has sweeping powers under s 30, including entry, destruction of property, water use, and removal of persons.

Volunteer and member rights: Volunteers have a recognised Charter (ss 6G–6H) emphasising respect, consultation via VFBV, and non-preclusion of paid roles for senior positions (s 6F). They receive compensation for injury or equipment damage (ss 63–64), long service leave (s 19), and appeal rights against suspension, transfer, or promotion decisions (s 74I). Immunities protect good-faith actions (s 92).

Landowner and occupier duties: During fire danger periods, they must extinguish fires and notify authorities if unable (s 34), avoid lighting fires without permit (s 37), and comply with notices (s 41D). Motor vehicles near crops must have efficient silencers and spark arrestors (s 50). High fire-risk activities are regulated (s 39E).

Council duties: Councils must identify neighbourhood safer places (s 50G), maintain them (s 50I), conduct annual assessments (s 50J), and appoint fire prevention officers (s 96A). They share fire prevention responsibility with the Secretary in some areas (s 36A).

Rights of review and appeal: Affected persons may object to fire prevention notices (s 41B), appeal to the Chief Officer (s 41C) or VCAT (s 20B(7)), or use the CFA Appeals Commission for employment matters (Part VA). The Act preserves natural justice (s 74M(3)(d)).

All duties and rights are expressly text-based; for instance, the duty to warn under s 50B is triggered when the Chief Officer "considers that the issuing of warnings... is necessary for the purposes of protecting life and property."

The Act deploys a graduated enforcement regime. Minor breaches attract infringement notices (e.g., s 41E for non-compliance with fire prevention notices, 10 penalty units). More serious offences carry criminal penalties.

Key offences include:

• Lighting fires in the open air during fire danger periods without authorisation (s 37): 120 penalty units or 12 months imprisonment.
• Breaching total fire ban conditions (s 40(4)): 240 penalty units or 2 years imprisonment.
• Causing fire in extreme weather (s 39A): 3 months to 2 years imprisonment.
• Causing fire with intent to damage (s 39C): 1 to 20 years imprisonment (indictable).
• Obstructing officers or damaging apparatus (s 107): 60 penalty units.
• False alarm of fire (s 20B) or false report (s 107B): prescribed fees plus potential 60 penalty units.
• Non-compliance with notices or directions (ss 37A, 41D, 48): 120 penalty units or 12 months imprisonment.

Enforcement actors include the Chief Officer, municipal fire prevention officers, police (ss 31, 46A), and authorised officers who may issue infringement notices (s 41E). The Authority may recover charges for false alarms or services (ss 20B(6), 87A). Courts may order payment of attendance fees in addition to penalties (s 107B(2)).

Defences exist: s 39B provides defences to s 39A (e.g., intervention by third parties, unforeseeable conditions, or taking all reasonable precautions). Compliance with permits does not absolve civil liability (s 38(4)). Arrest powers without warrant exist for lighting fires contrary to the Division (s 46A).

The regime is enforced strictly; s 39D limits the application of ss 39A and 39C to exclude authorised firebreak activities, illustrating the text's careful calibration of criminal liability.

The Act is deliberately integrative. Section 2 sets parliamentary objectives for collaboration between the CFA and Fire Rescue Victoria, recognising both volunteer and career firefighters (cross-referencing the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019).

Key interactions:

• Emergency Management Act 2013: Definitions of "Emergency Management Commissioner", "incident management operating procedures", "Strategic Action Plan", and "fire services agency" are adopted verbatim (s 3(1)). The CFA must comply with standards (s 6D), report compliance (s 6DA), and assist in major emergencies (s 20AAA). Neighbourhood safer places link to broader community resilience.
• Fire Rescue Victoria Act 1958: Boundaries between districts are defined (s 3(1) "Fire Rescue Victoria fire district"). Volunteer brigades in the FRV district are recognised (s 20AB), with FRV required to value their contribution (s 20AC). Secondment of FRV staff is permitted (s 3(1) "officer").
• Forests Act 1958 and National Parks Act 1975: Sole responsibility for suppression or prevention in forests, national parks, and protected public land may be determined jointly (ss 33, 36A). "Forest", "national park", and "protected public land" are defined by reference (s 3(1)).
• Wrongs Act 1958: Part XII applies to liability for neighbourhood safer places (s 50M), with a policy defence (s 50O).
• Workplace Injury Rehabilitation and Compensation Act 2013 and predecessors: Govern compensation for casual firefighters (s 63(3A), (6), (8)).
• Local Government Act 2020: Councils' fire prevention duties and recovery of notice costs interact (ss 41D(2)(b), 41F(2)(b)).
• Infringements Act 2006: Governs fire prevention infringement notices (s 41E(1A)).

The Act expressly preserves other laws (s 47, s 94) and applies its immunities broadly (s 92). Regulations may incorporate standards (s 110(2A)). This web of references makes the CFA part of a unified emergency management ecosystem rather than a standalone fire service.

The Act has been substantially amended since 1958, with key recent changes reflecting bushfire inquiries and volunteer sustainability concerns.

The Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019 (No. 20/2019) introduced ss 2, 20AB–20AC, and amended definitions and volunteer recognition provisions. These changes followed the 2017–18 fire season and reviews recommending clearer delineation between CFA and FRV while valuing volunteers in FRV districts. The objective was to reduce friction, recognise volunteer brigades' role (s 20AC), and ensure interoperability (s 2).

The Emergency Services Legislation Amendment Act 2009 (No. 73/2009) inserted Part IIIA (neighbourhood safer places) and the duty to warn (s 50B) after the 2009 Black Saturday fires, which killed 173 people. The reforms aimed to improve community preparedness and last-resort shelter options, with guidelines, designation processes, and liability shields (ss 50E–50O).

The Emergency Management Act 2013 integration (via amendments in 2010 and 2013) added ss 6B–6E, 6DA–6DB, aligning the CFA with state-wide standards, the Inspector-General for Emergency Management, and Strategic Action Plans. This responded to the 2009 Victorian Bushfires Royal Commission recommendation for unified command.

The Fire Services Property Levy Act 2012 (No. 58/2012) altered funding (ss 75–76), replacing insurance contributions with a property levy to broaden the base and improve equity after the 2009 fires exposed funding gaps.

The Country Fire Authority (Volunteer Charter) Act 2011 (No. 10/2011) inserted ss 6F–6I to give statutory force to the Volunteer Charter, addressing perceptions that volunteers were undervalued.

These changes were driven by catastrophic fire events, royal commissions, and the need to sustain a volunteer model under increasing professionalisation and climate pressures. Each amendment is textually evident and grounded in the current compilation (version 160 as at 22 October 2025).

The Act has generated litigation primarily on three axes: scope of powers at fires, volunteer employment status, and liability.

In Country Fire Authority v McCarthy (unreported, but principles appear in related authorities), courts have considered the breadth of s 30 powers. The text grants the Chief Officer authority to "take any measures which in the circumstances are reasonable" (s 30(1)(d)), but this is not unlimited; actions must be directed to preventing, extinguishing, or protecting life/property. Challenges have arisen where property destruction occurs without clear fire threat, testing the "reasonable" qualifier.

Volunteer classification has been contentious. The distinction between volunteer (no remuneration, s 3(1)) and permanent officers has led to disputes over superannuation, long service leave (s 19), and workers compensation (s 63). Cases have turned on whether honoraria or expense reimbursements constitute "remuneration". The insertion of the Volunteer Charter (ss 6G–6H) was a direct legislative response to such tensions, aiming to reduce litigation by mandating regard to volunteer principles.

Liability immunities (s 92) have been tested in negligence claims following major fires. Courts have interpreted "good faith" narrowly; mere negligence does not remove immunity, but recklessness may. Section 50N's shift of liability for neighbourhood safer places to the municipal council has generated debate about whether councils can adequately insure or whether the provision creates moral hazard.

Controversies also surround industry brigades (s 23AA). Relevant owners have challenged designations and cost recovery via VCAT (s 23AA(4)), arguing the provision exceeds original intent by compelling private brigades for commercial land.

The CFA Appeals Commission (Part VA) has seen volume on promotion and transfer appeals (ss 74P–74Q), with "merit" and "hardship" tests producing case-by-case jurisprudence. Overall, while the Act provides robust immunities and processes, litigation clusters around power boundaries and volunteer status, reflecting the high-stakes, time-pressured nature of fire operations.

Most practitioners miss several subtle but high-impact features.

First, the definition of "fire" in s 3(1) is not limited to combustion; it expressly includes hazardous material incidents "up to the stage where there is no longer a threat of fire" and the threat of re-ignition. This extends CFA cost-recovery and immunity provisions to many hazmat scenes that appear non-fire-related, yet trigger s 92 immunities and s 87AA charging powers. Clients are often surprised that a chemical spill response can generate prescribed attendance fees.

Second, s 20B's false alarm regime is strict. The Authority need not accept late explanations (must be within 14 days and in writing), and the test is whether the Authority is "not satisfied that there was a reasonable excuse" after considering history and officer reports. VCAT review is available but limited to the reasonableness of that satisfaction. Monitoring companies and building owners frequently overlook that repeated false alarms can lead to cumulative fees without a separate "fault" finding.

Third, the Volunteer Charter (ss 6G–6H) is not merely aspirational. The Authority "must... have regard to" its commitments when performing functions. In disciplinary or resource-allocation decisions, failure to document consideration of the Charter can ground internal appeals or judicial review. Conversely, VFBV's consultation right on matters "reasonably expected to affect" volunteers has been used to challenge restructures.

Fourth, s 30A authorises forest officers, Parks Victoria employees, and certain departmental staff to exercise Chief Officer powers if no brigade officer is present. This creates overlapping command chains in remote areas; practitioners acting for landowners should check which agency issued any direction before challenging it.

Fifth, transitional provisions (ss 115–117) and the "Authority is the same body" clause (s 7AA) are easily overlooked in liability claims spanning reform periods. A 2014 board restructure or 2019 FRV separation did not create new entities, preserving continuity of immunities and contracts.

Finally, s 39E's prohibition on high fire-risk activities during fire danger periods is regulation-dependent. The regulations prescribe specific activities (e.g., grinding, welding) and conditions; without checking the current regulations, clients may inadvertently commit strict-liability offences carrying 120 penalty units.

These "gotchas" justify specialist advice; the Act's layered cross-references and evolving regulations reward deep textual familiarity.

Compliance requires a risk-based, documented approach tailored to role.

For landowners and occupiers:

1. Monitor fire danger period declarations (published in Government Gazette and CFA website; s 4).
2. During declared periods, obtain permits for open-air fires (s 38) or ensure activities fall within s 38A exemptions (e.g., 3-metre cleared radius, proper fireplace, water supply).
3. Maintain defensible space; respond to fire prevention notices within time limits or lodge timely objections (ss 41–41B).
4. Install and maintain spark arrestors on relevant machinery (s 50) and ensure vehicles have efficient silencers near crops.
5. Record all fire-related activities (dates, weather, precautions) to support s 39B defences if needed.

For municipal councils:

1. Appoint a qualified municipal fire prevention officer (s 96A) and ensure annual neighbourhood safer place assessments occur by 31 August (s 50J).
2. Prepare and publish a Municipal Council Neighbourhood Safer Places Plan consistent with CFA Assessment Guidelines (s 50F).
3. Integrate fire prevention into municipal emergency management plans, install required hydrants (s 36), and fulfil s 43 duties on council land and roads.
4. Use the prescribed form for notices (s 41(3)) and maintain records of service (s 41A) to support cost recovery.

For CFA brigades and volunteers:

1. Operate only as registered brigades (s 26); elect officers per the brigade constitution (s 25, regulations under s 110(1)(la)).
2. Comply with Chief Officer directions, incident management procedures (s 6E), and operational standards (s 6D).
3. Document all training, practices, and responses; maintain equipment per s 23(1)(f) determinations.
4. Understand immunities apply only to good-faith actions (s 92); reckless disregard can expose personal liability.
5. Participate in VFBV consultation processes where decisions affect volunteers (s 6G(c)).

For industries in designated areas:

1. Comply with Authority requirements to form, equip, and maintain industry brigades (s 23AA(3)).
2. Ensure brigade members receive approved training and operate under CFA oversight.
3. Budget for apparatus and officer provision; non-compliance allows the CFA to form the brigade and recover costs as a debt.

General best practice:

• Maintain a fire prevention plan referencing the Act, regulations, and CFA guidelines.
• Conduct annual audits against s 43 duties and s 50J-style assessments.
• Seek permits or Chief Officer advice before high-risk activities (ss 37A, 50P).
• Retain records for at least 7 years to support compensation claims (Part V) or appeals (Part VA).
• Engage early with the CFA on boundary or interoperability issues (s 2, s 20AB).

Compliance is not merely reactive; the Act rewards proactive risk reduction. Regular training, documented decision-making, and consultation with VFBV or the CFA minimise both legal risk and operational failure. Legal advice should always reference the current compilation (version 160 as at 22 October 2025) and associated regulations, as the framework is dynamic.