Fire and Emergency Services Regulations 2021
Part 5SASES
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Part 5—SASES Division 1—SASES units—Membership 57—Database of members (1) SASES must maintain a database of its members that includes the following information: (a) the member's name; (b) the member's residential address; (c) the member's date of birth; (d) the member's certificate of identity number; (e) the date on which the member joined the unit. (2) Each member of SASES must notify the Chief Officer of any change to the information that is required to be maintained under subregulation (1). Division 2—Unit managers 58—Unit managers (1) Each SASES unit will have a unit manager. (2) A unit manager will be appointed or elected in a manner determined or approved by the Chief Officer. (3) A member of an SASES unit (other than the unit manager) is, in the exercise of powers under the Act, subject to the control and direction of the unit manager of the unit. Division 3—Accounts, audits and reporting 59—Accounts and audits (1) Each SASES unit that holds any money must open and maintain an operating account at an ADI. (2) An SASES unit must ensure that proper accounting records are kept of the financial affairs of the SASES unit. (3) An SASES unit must present for inspection, in accordance with the requirements of the Chief Officer, a copy of all financial accounts of the SASES unit in respect of each accounting period. (4) A member of an SASES unit must, at the request of the Chief Officer, produce accounts or other financial records of the SASES unit in the member's possession for the Chief Officer's inspection. Maximum penalty: $2 000. (5) A member of an SASES unit must, at the request of the Chief Officer, provide the Chief Officer with explanations or information relating to the financial affairs of the SASES unit. (6) In this regulation— accounting period means— (a) subject to any determination under paragraph (b)—a financial year; or (b) any period determined by the Chief Officer to be an accounting period for the purposes of this regulation. 60—Annual returns Each SASES unit must, on or before 31 August in each year, deliver to the Chief Officer a return (in a form determined by the Chief Officer) containing— (a) a report on the financial accounts of the SASES unit for the preceding financial year; and (b) such other information as the Chief Officer may require. Division 4—Discipline of members 61—Discipline of members (1) A member of an SASES unit who, in the performance of official duties or otherwise— (a) contravenes or fails to comply with— (i) a provision of the Act or these regulations; or (ii) a provision of a code of conduct for SASES published by the Chief Officer; or (iii) a direction or order given to the person as a member of SASES by a person with authority to give that direction or order; (b) is negligent or indolent in the discharge of official duties as a member of SASES; or (c) leaves a place of duty without reasonable excuse; or (d) commits a form of disgraceful or improper conduct in an official capacity; or (e) subverts or disrupts the operations or activities of an SASES unit; or (f) makes improper use of their SASES membership; or (g) makes improper use of property or equipment; or (h) behaves in any other manner that reflects seriously and adversely on SASES, is liable to disciplinary action. (2) If the Deputy Chief Officer, suspects on reasonable grounds that a member of an SASES organisation may be liable to disciplinary action, the Deputy Chief Officer may carry out an investigation in relation to the matter. (3) The Chief Officer may, pending the outcome of any process under this regulation and if the Chief Officer thinks fit, suspend the member from service with SASES. (4) If, after an investigation, the Deputy Chief Officer recommends to the Chief Officer that there are grounds for disciplinary action against the member, the Chief Officer— (a) must give notice in writing of that fact to the member; and (b) may— (i) after observing the requirements of section 116A(6) of the Act, determine to take action under section 116A(5) of the Act (on reasonable grounds); or (ii) determine not to take action in relation to the matter. (5) The Chief Officer may, on the basis of a determination under subregulation (4)(b)(i)— (a) reprimand the member; (b) suspend the member for a specified period. The disciplinary powers prescribed are in addition to the powers set out in section 116(5) of the Act. (6) The Chief Officer may appoint another officer to exercise and perform the powers and functions of the Deputy Chief Officer under this regulation. Division 5—Miscellaneous 62—Identity cards (1) The Chief Officer will issue to each— (a) officer of SASES; and (b) member of SASES, a certificate of identity in a form determined by the Chief Officer. (2) A certificate of identity ceases to be valid when the person ceases to hold the position in relation to which the certificate was issued. (3) A person must, on ceasing to hold the position in relation to which a certificate of identity has been issued, surrender the certificate to the Chief Officer. (4) A person must, on ceasing to be a member of SASES, surrender all insignia, equipment or clothing issued to the person by SASES to the Chief Officer. 63—Dissolution of organisation (section 116) (1) For the purposes of section 116(2)(c) of the Act, a request to dissolve an organisation must be made in writing under the common seal of the organisation. (2) The Chief Officer must, before determining to dissolve an SASES unit— (a) consult in relation to the matter with— (i) the members of the unit; and (ii) the S.A.S.E.S. Volunteers' Association Incorporated; and (b) give notice of the proposed dissolution— (ii) in a newspaper circulating throughout the local area in relation to which the SASES unit is constituted; and (iii) to any member of the House of Assembly whose electoral district includes any part of the area in relation to which the SASES unit is constituted. (3) For the purposes of subregulation (2)(a), the Chief Officer must— (a) organise a meeting at which the Chief Officer, or a representative or representatives of the Chief Officer, can meet with the members of the SASES unit (or their representative or representatives); and (b) invite the S.A.S.E.S. Volunteers' Association Incorporated to— (i) make written submissions to the Chief Officer in relation to the matter; or (ii) have a representative, or representatives, attend a meeting with the Chief Officer or a representative or representatives of the Chief Officer, as the Association sees fit.