19Long service leave of officers etc.

19 Long service leave of officers etc. S. 19(1) amended by Nos 8257 s. 4(a), 20/2019 s. 153(a). (1) The provisions of sections eighty to eighty-four of the **Fire Rescue Victoria Act 1958** shall so far as applicable extend and apply to the granting by the Authority of long service leave or payment in lieu thereof with such modifications as are necessary and in particular with the modifications that— (a) any reference in the said sections to the Board shall be read and construed as a reference to the Authority; S. 19(1)(aa) inserted by No. 8257 s. 4(b), amended by No. 8813 s. 6(d), repealed by No. 20/2019 s. 153(c). S. 19(1)(b) repealed by No. 20/2019 s. 153(c). S. 19(1)(c) substituted by No. 7877 s. 6, amended by Nos 8019 s. 10(a)(i), 2/1995 s. 13(d)(e). (c) Any reference to service shall be read and construed as a reference— (i) to service as an officer or employee of the Authority and in the case of persons who were transferred to the service of the Authority upon the abolition of the Country Fire Brigades Board, shall include a reference to their prior service as officers or employees of the said Country Fire Brigades Board as if it had been service as officers or employees of the Authority; and S. 19(1)(c)(ii) amended by No. 8019 s. 10(a)(ii). (ii) to such extent as is prescribed by the regulations under this Act to service in any prescribed office under the Crown or with a Public or Government Authority or to service in any prescribed office in the service of the Commonwealth of Australia or any other Australian State. S. 19(2) amended by No. 2/1995 s. 13(e). (2) In this section unless inconsistent with the context or subject-matter ***officer or employee*** means a full-time paid officer or employee of the Authority, whether an officer or member of an urban or rural fire brigade or not, and does not include any part-time or volunteer member of any such brigade. Part III—Country fire control Division 1—General No. 5040 s. 22. S. 20 amended by No. 6583 s. 5(c). 20 General duty of Authority The duty of taking superintending and enforcing all necessary steps for the prevention and suppression of fires and for the protection of life and property in case of fire and the general control of all stations and of all brigades and of all groups of brigades shall, subject to the provisions of this Act, so far as relates to the country area of Victoria be vested in the Authority. S. 20AAA inserted by No. 5/2012 s. 8. 20AAA Duty to assist in major emergency (1) In addition to any other of its duties and functions under this Act, the Authority must assist in the response to any major emergency occurring within Victoria. (2) In this section— S. 20AAA(2) def. of *emergency agency* amended by No. 20/2019 s. 154. ***emergency agency*** means— (a) the Authority; (b) Fire Rescue Victoria established under the **Fire Rescue Victoria Act 1958**; (c) the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62(2) of the **Forests Act 1958**; (d) the Victoria State Emergency Service Authority established under the **Victoria State Emergency Service Act 2005**; S. 20AAA(2) def. of *major emergency* amended by No. 73/2013 s. 81(a). ***major emergency*** means***—*** (a) a large or complex emergency (however caused) which— (i) has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or (ii) has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or (iii) requires the involvement of 2 or more emergency agencies to respond to the emergency; or (b) a major fire within the meaning of the **Emergency Management Act 2013**. S. 20AA inserted by No. 2/1995 20AA General powers of Authority (1) Subject to this Act, the Authority 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. (2) Without limiting or derogating from the generality of the powers of the Authority under this Act, the powers of the Authority include the power to— S. 20AA(2)(a) amended by Nos 20/2019 s. 75(3), 41/2025 s. 3(Sch. 1 item 14). (a) subject to section 6F, enter into agreements or arrangements with any person or body for the provision of goods or services to the Authority; (b) subject to subsection (3), enter into agreements or arrangements with any person or body for the provision of goods or services by the Authority; (c) apply for, obtain and hold intellectual property rights (including patents, copyrights, trade marks and registered designs); (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 the Authority may see fit; (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; (f) subject to subsection (3), enter into a joint venture agreement, shareholders agreement or unitholders agreement with any other person or body; (g) do all things necessary or convenient to give effect to any agreements or arrangements entered into by the Authority including power to appoint any person or body as the Authority's agent for that purpose. (3) The Authority must obtain the written consent of the Minister before— (a) entering into any agreement or arrangement with any person or body for the provision of goods or services by the Authority; or (b) forming, participating in the formation of, or becoming a member of a body corporate, association, partnership, trust or other body; or (c) entering into any joint venture agreement, shareholders agreement or unitholders agreement. S. 20AA(4) substituted by No. 5/2012 s. 9. (4) Subsection (3)(a) does not apply to an agreement or arrangement for the provision of goods or services by the Authority— (a) to a brigade or group of brigades or to a person acting on behalf of a brigade or group of brigades; or (b) where the provision of those goods or services falls within the general duties and functions of the Authority. (5) The Minister's consent under subsection (3)(a) or (b) may be given in respect of a particular case or a class of cases. S. 20AB inserted by No. 20/2019 s. 77. 20AB Powers relating to volunteer brigades located in the Fire Rescue Victoria fire district (1) This section sets out the powers exercisable under this Act in relation to volunteer brigades located in the Fire Rescue Victoria fire district for the purposes of— (a) the duty of the Authority set out in section 20 in relation to the prevention and suppression of fires and the protection of life and property in case of fire so far as relates to the country area of Victoria; and (b) any other function, power or duty of the Authority set out in this Act or any other Act. (2) The Authority may exercise powers under the following provisions in relation to volunteer brigades located in the Fire Rescue Victoria fire district— (a) section 20AA(2)(a), (b), (e), (f) and (g) (entering certain agreements or arrangements, forming certain bodies); (b) section 21(1) (purchasing stations, etc.); (c) section 23(1)(a), (b), (c), (d), (e), (f), (g), (i), (k) and (l) (registration etc. of brigades, matters relating to training, communications and publication of materials); (d) section 102(1) (collecting contributions etc.); (e) section 109A (appointment of deputies). (3) The Authority must obtain the written consent of the Minister before exercising a power under section 20AA(2)(b) to do any of the following in relation to volunteer brigades located in the Fire Rescue Victoria fire district— (a) entering into an agreement or arrangement with a person or body for the provision of goods or services by the Authority; (b) forming, participating in the formation of, or becoming a member of a body corporate, association, partnership, trust or other body; (c) entering into a joint venture agreement, shareholders agreement or unit holders agreement. (4) The Chief Officer may exercise powers under the following provisions in relation to volunteer brigades located in the Fire Rescue Victoria fire district— (a) section 27(1) and (2) (powers of order and control over brigades, etc.); (b) section 29(a), (b), (c) and (e) (summoning brigades for practice, inspection of brigades, control of property, inquiries and reports). (5) The Authority, the Chief Officer, any officer exercising the powers of the Chief Officer, or an officer or member of a brigade, may exercise powers under section 96 (water usage) in relation to volunteer brigades located in the Fire Rescue Victoria fire district. (6) Section 92 (immunity) applies in relation to the exercise of powers, in accordance with this section, in relation to volunteer brigades located in the Fire Rescue Victoria fire district. S. 20AC inserted by No. 20/2019 s. 78. 20AC Role of volunteer brigades to be recognised and valued (1) It is the intention of the Parliament that Fire Rescue Victoria recognise and value the contribution of volunteer brigades located in the Fire Rescue Victoria fire district. (2) In particular, Fire Rescue Victoria must, subject to operational requirements, request the assistance of all volunteer brigades located in the Fire Rescue Victoria fire district for the purposes of endeavouring to— (a) prevent or suppress a fire in the Fire Rescue Victoria fire district (including preventing a fire spreading to the Fire Rescue Victoria fire district from outside the Fire Rescue Victoria fire district); or (b) protect life or property in the Fire Rescue Victoria fire district. S. 20A inserted by No. 8478 s. 2.