Subdiv 1SACFS brigades

Subdivision 1—SACFS brigades 6—Constitution of SACFS brigade (1) A group of interested persons may apply to the Chief Officer for the constitution of an SACFS brigade in relation to a particular area of the State. (2) An application under subregulation (1) may propose that the SACFS brigade be established for a particular purpose associated with SACFS operations in a particular area of the State. (3) An application under subregulation (1) must— (a) be made in a manner and form approved by the Chief Officer; and (b) define the area in relation to which it is proposed that the brigade be established; and (c) list the full name, residential address, occupation and date of birth of each person who is applying to be a foundation member of the brigade; and (d) specify the location of any proposed fire station for the brigade; and (e) if the application falls within the ambit of subregulation (2)—specify the proposed purpose of the brigade; and (f) propose a constitution for the brigade; and (g) contain such other information as the Chief Officer may require. (4) If the Chief Officer establishes an SACFS brigade, the Chief Officer must furnish the brigade with a certificate in the form of Schedule 1. 7—Registration of members of SACFS brigades (1) A person will not be recognised as a member of an SACFS brigade unless the person is registered as a member of that brigade by the Chief Officer. (2) The Chief Officer may refuse to register a person as a member of an SACFS brigade if— (a) the Chief Officer requires the person to undergo a medical examination determined by the Chief Officer and the person fails to pass that examination; or (b) the Chief Officer considers that the person is not a fit and proper person to be a member of an SACFS brigade; or (c) in the case of a person who is applying to be registered as a firefighter—the Chief Officer considers that the person would not be reasonably available to respond to fires or other emergencies, or otherwise to carry out functions and responsibilities as such a member of the brigade; or (d) the Chief Officer is satisfied that some other reasonable ground exists on which to refuse registration. (3) An application to register a person as a member of an SACFS brigade must be in a form approved by the Chief Officer. (4) Unless the Chief Officer otherwise determines, the registration of a person as a member of an SACFS brigade will at first be on probation for a period of 6 months. (5) Subregulation (4) does not apply in relation to a person— (a) who has transferred from one brigade to another brigade; and (b) if so determined by the Chief Officer—whose period between being a member of one brigade and becoming a member of the other brigade does not exceed a period specified by the Chief Officer for the purposes of this provision; and (c) who was not on probation as a member of the brigade from which they have transferred. (6) If a person successfully completes the period of probation, the registration of that person as a member of an SACFS brigade will be taken to have been confirmed by the Chief Officer. (7) If a person fails to adequately complete probation the person's registration as a member of an SACFS brigade will, unless the Chief Officer otherwise determines, lapse. (8) Subject to section 70 of the Act, the Chief Officer may terminate the registration of a person as a member of an SACFS brigade on any reasonable ground. 8—Categories of membership (1) There will be the following categories of membership in an SACFS brigade: (a) cadet; (b) firefighter; (c) operational support member; (d) honorary member. (2) A person is eligible to be a cadet if the person is of or above the age of 11 years and under the age of 18 years. (3) The following provisions apply in relation to cadets: (a) a cadet must not be permitted to attend a fire or other emergency; (b) subject to the operation of paragraph (a), a cadet may, under the supervision of another member of the brigade, operate pumps and hoses, and travel on fire appliances; (c) cadets may hold their own meetings under the supervision of the brigade captain, or another member of the brigade nominated by the brigade captain; (d) a cadet may attend an ordinary meeting of the brigade, but— (i) a cadet is not eligible to vote on a matter arising for determination at a meeting of the brigade; and (ii) a cadet will not be counted for the purpose of determining a quorum, or any other question relating to the attendance of members of the brigade at a meeting; (e) a cadet may, after attaining the age of 16 years, apply to become a firefighter or operational support member. (4) A person is eligible to be a firefighter or operational support member if the person— (a) is of or above the age of 16 years and has made an application under subregulation (3)(e); or (b) is of or above the age of 18 years. (5) The brigade must determine the extent (if any) to which an operational support member may engage in fire‑fighting activities as a member of the brigade. (6) The brigade must, in acting under subregulation (5), comply with any relevant policy issued by the Chief Officer. (7) A person is eligible to be an honorary member of an SACFS brigade if— (a) the person is a member of the brigade and the nomination is based on the person's service to the brigade, or SACFS more generally, over a significant period of time; or (b) the person is a member of the community and the nomination is based on the person's service to the brigade, SACFS more generally, or the community. (8) An application to become a member of an SACFS brigade must be made to the brigade in a manner and form approved by the Chief Officer and, in the case of an application by a person under the age of 18 years, must be accompanied by the written consent of a parent or guardian of the applicant. (9) An application for membership must be considered at a meeting of the brigade. (10) If— (a) an SACFS brigade accepts an application; or (b) the membership category of a person who is a member of an SACFS brigade changes, the brigade must apply to the Chief Officer for registration of that person as a member, or as a member in the person's new category (as the case may be). (11) An application under subregulation (10) must be made by the end of the month immediately following the month during which the application for membership is accepted, or the category of membership changes. (12) A person may not, without the approval of the Chief Officer, be a member of 2 or more brigades at the same time. (13) A person who becomes an honorary member of an SACFS brigade under subregulation (7) will not be eligible to be elected to any position under these regulations by virtue of the honorary membership or vote at any meeting of the brigade. 9—Brigade officers (1) Pursuant to section 70 of the Act, each SACFS brigade will have the following officers: (a) a brigade captain; (b) unless the Chief Officer otherwise determines—at least 2, but not more than 4, lieutenants (with the order of seniority of the lieutenants being decided in a manner determined by the brigade); (c) with the approval of the Chief Officer—1 or more senior firefighters (with the number of senior firefighters not exceeding the number of lieutenants and the order of seniority of the senior firefighters being decided in a manner determined by the brigade). (2) Unless the Chief Officer otherwise determines, each position referred to in subregulation (1)(b) or (c) will be filled by election. (3) The specific functions of each officer are set out in Schedule 2. 10—Prescribed positions (1) Subject to this regulation, each SACFS brigade must have, in addition to its officers— (a) a communications co‑ordinator; and (b) a training co‑ordinator; and (c) an equipment co‑ordinator; and (d) a logistics support co‑ordinator; and (e) an administrative co‑ordinator. (2) Unless the Chief Officer otherwise determines (and subject to subregulation (4)), each position referred to in subregulation (1) will be filled by election. (3) The specific functions that attach to each position are as determined by the Chief Officer. (4) Despite a preceding subregulation, a brigade captain may decide to assume personally the functions of any position under subregulation (1) and, in that event, the position need not be filled. (5) An SACFS brigade may, with the approval of the Chief Officer, create such other positions within the brigade as the brigade thinks fit. (6) Unless the Chief Officer otherwise determines, a position under subregulation (5) will be filled in a manner determined by the brigade. (7) A member of an SACFS brigade holding a position under this regulation is responsible to the brigade captain for the performance of the functions that attach to the position. 11—Brigade elections (1) For the purposes of this regulation, the Chief Officer will determine whether an SACFS brigade will hold its elections in each year designated by an even number or in each year designated by an odd number. (2) Subject to subregulation (3), brigade elections must be held in July or August of an election year for that brigade. (3) The Chief Officer may, in special circumstances, allow a brigade to hold its elections at some other time. (4) Nominations of candidates for brigade elections will be called by the administrative co‑ordinator of the brigade in accordance with the brigade's constitution. (5) Subject to these regulations, a person is eligible to be nominated for election to a position if the person is a registered member of the brigade. (6) A person is not eligible to be nominated for election to an officer rank if the person— (a) would, if elected, hold the rank of group officer or deputy group officer at the same time; or (b) holds a command or operational rank in another recognised emergency service; or (c) has been disqualified from holding the rank by the Chief Officer. (7) In addition to subregulation (6), a person is not eligible to be nominated for election as brigade captain unless the person has satisfied the criteria determined by the Chief Officer. (8) The Chief Officer may, on the application of an SACFS brigade— (a) determine that subregulation (6)(a) or (b) will not apply to a particular person; or (b) dispense with a requirement under subregulation (7) if the Chief Officer is satisfied that there is no member of the brigade who satisfies the particular requirement, or that no member of the brigade who satisfies the particular requirement is willing to stand for election as brigade captain. (9) An election will be held by secret ballot using a method determined by the Chief Officer (unless the election is uncontested). (10) Each member of the brigade attending the meeting at which the elections are held is entitled to vote at the elections. (11) For the purposes of subregulation (10), a person will be taken to be in attendance at a meeting if the person is in communication with the meeting remotely in a manner approved by the Chief Officer. (12) Voting for a position if only 1 person is to be elected will be conducted as follows: (a) each member will vote for a candidate; (b) after the votes under paragraph (a) are counted, the candidate with the most votes will be elected. (13) Voting for a position if 2 or more persons are to be elected will be conducted as follows: (a) each member will vote for candidates up to the number required to be elected; (b) after the votes under paragraph (a) are counted, the candidates with the most votes will be elected to fill the positions up to the number required to be elected. (14) For the purposes of subregulations (12) and (13), if 2 candidates for a position have an equal number of votes, the person presiding at the election will determine the election by lot with the name drawn being the elected person. (15) A person elected to a position in an SACFS brigade holds that position from 1 September of the year of their election (except if a person is elected after 1 September of a particular election year, in which case the person will hold the position to which they are elected from the date of the election). (16) A person holds a particular position in an SACFS brigade until 31 August in the next election year of the brigade. (17) Subregulation (16) is subject to the following qualifications: (a) a person ceases to hold a position in an SACFS brigade if the person ceases to be a member of that brigade; (b) unless otherwise determined by the Chief Officer in relation to the particular person, a person ceases to hold an officer rank in an SACFS brigade if the person— (i) assumes the rank of group officer or deputy group officer; or (ii) assumes a command or operational rank in another recognised emergency service; (c) a person has resigned from a position in an SACFS brigade by written notice to the brigade; (d) a person has been demoted or disqualified from a particular position by the Chief Officer; (e) a person elected to a position in an SACFS brigade at a supplementary election on account of a casual vacancy holds the position for the balance of the term of the person's predecessor; (f) if a person's successor is not elected by 31 August of an election year, the person may continue to hold the position until a successor is elected. (18) If— (a) a brigade election fails; or (b) a casual vacancy occurs in a position in a brigade, the brigade must hold a supplementary election in accordance with the brigade's constitution. (19) Pending the election of a person to fill a vacant position under subregulation (18)(b) (other than brigade captain), the brigade captain may appoint a member of the brigade to the position on an acting basis. (20) If the vacant position under subregulation (18)(b) is that of brigade captain— (a) if the brigade is a member of an SACFS group—the group officer; and (b) if the brigade is not a member of an SACFS group—the regional officer, may appoint a member of the brigade to the rank of brigade captain on an acting basis. (21) A person may be re‑elected to a position in an SACFS brigade. 12—Transfer of membership and resignation (1) A member of an SACFS brigade may, on written application to another brigade, apply to transfer their membership to that other brigade. (2) If a member of an SACFS brigade transfers to another brigade, a rank that the member holds at brigade level is not transferred. (3) A member of an SACFS brigade may resign by written notice to the brigade. 13—Suspension of operations (1) The Chief Officer may suspend the operations of an SACFS brigade for a specified period if— (a) the membership of the brigade has fallen to a level where, in the opinion of the Chief Officer, the brigade can no longer function effectively; or (b) the brigade fails to carry out a function under the Act; or (c) the brigade fails to comply with these regulations. (2) The Chief Officer must, in determining whether or not to act under subregulation (1), consult with the members of the brigade. (3) The Chief Officer may— (a) extend a period of suspension under this regulation; or (b) revoke a period of suspension under this regulation. (4) This regulation does not derogate from the power of the Chief Officer to dissolve an SACFS brigade under section 68 of the Act.