Fire and Emergency Services Regulations 2021
Subdiv 2SACFS groups
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Subdivision 2—SACFS groups 14—Constitution of an SACFS group (1) Two or more SACFS brigades may apply to the Chief Officer for the constitution of an SACFS group. (2) An application under subregulation (1) must— (a) be made in a manner and form approved by the Chief Officer; and (b) propose a constitution for the group; and (c) contain such information as the Chief Officer may require. (3) If the Chief Officer establishes an SACFS group, the Chief Officer must furnish the group with a certificate in the form of Schedule 3. 15—Membership of an SACFS group All the members of the SACFS brigades that make up a particular SACFS group will be members of the group. 16—Group officers (1) Pursuant to section 70 of the Act, each SACFS group will have the following officers: (a) a group officer; (b) unless the Chief Officer otherwise determines—at least 1, but not more than 3, deputy group officers. (2) Unless the Chief Officer otherwise determines, each position referred to in subregulation (1)(b) will be filled by election. (3) The specific functions of each officer are set out in Schedule 4. 17—Prescribed group positions (1) Unless the Chief Officer otherwise determines, each SACFS group must, in addition to its officers, have— (a) a group communications co‑ordinator; and (b) a group training co‑ordinator; and (c) a group equipment co‑ordinator; and (d) a group finance co‑ordinator; and (e) a group health and safety representative; and (f) a group administrative co‑ordinator. (2) Unless the Chief Officer otherwise determines, each position referred to in subregulation (1) will be filled by election. (3) The specific functions that attach to each position will be as determined by the Chief Officer. (4) A member of an SACFS group holding a position under this regulation is responsible to the group officer for the performance of the functions that attach to the position. 18—Group elections (1) For the purposes of this regulation, the Chief Officer will determine whether an SACFS group 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), group elections must be held in July or August of an election year for that group. (3) The Chief Officer may, in special circumstances, allow a group to hold its elections at some other time. (4) Nominations of candidates for group elections will be called by the group administrative co‑ordinator in accordance with the group'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 a brigade in the group. (6) Subject to subregulation (7), a person is not eligible to be nominated for election to an officer rank if the person— (a) would, if elected, hold the rank and an officer rank in a brigade 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) The Chief Officer may, on the application of an SACFS group, determine that subregulation (6)(a) or (b) will not apply to a particular person. (8) In addition to subregulation (6), a person is not eligible to be nominated for election as group officer unless the person has successfully completed appropriate courses of training approved by the Chief Officer. (9) The Chief Officer may, on the application of an SACFS group, dispense with the requirement under subregulation (8) if the Chief Officer is satisfied that it is appropriate in the circumstances of the particular case. (10) An election will be held by secret ballot using a method determined by the Chief Officer (unless the election is uncontested). (11) One representative from each brigade within the group who is in attendance at the meeting at which the elections are held is entitled to vote at the elections. (12) For the purposes of subregulation (11), 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. (13) Voting for a position if only 1 person is to be elected will be conducted as follows: (a) each brigade representative will vote for a candidate; (b) after the votes under paragraph (a) are counted, the candidate with the most votes will be elected. (14) Voting for a position if 2 or more persons are to be elected will be conducted as follows: (a) each brigade representative 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. (15) For the purposes of subregulations (13) and (14), 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. (16) A person elected to a position in an SACFS group holds that position from 1 September of the year of the person's election (unless a person is elected after 1 September of a particular election year, in which case the person will hold the position to which the person is elected from the date of the election). (17) A person holds a particular position in an SACFS group until 31 August in the next election year of the group. (18) Subregulation (17) is subject to the following qualifications: (a) a person ceases to hold a position in an SACFS group if the person ceases to be a member of a brigade in the group; (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 group if the person— (i) assumes a rank in a brigade; or (ii) assumes a command or operational rank in another recognised emergency service; (c) a person has resigned from a position in an SACFS group by written notice to the administrative co‑ordinator of the group; (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 group at a supplementary election on account of a casual vacancy holds the position for the balance of the term of their predecessor; (f) if a person's successor is not elected by 31 August of an election year, the person may continue to hold their position until a successor is elected. (19) If— (a) a group election fails; or (b) a casual vacancy occurs in a position in a group, the representatives of the brigades in the group must hold a supplementary election in accordance with the group's constitution. (20) Pending the election of a person to fill a vacant position under subregulation (19)(b) (other than group officer), the group officer may appoint a member of a brigade in the group to the position on an acting basis. (21) If the vacant position under subregulation (19)(b) is that of group officer— (a) the regional officer may appoint a deputy group officer in the group to the rank of group officer on an acting basis; or (b) if, despite reasonable efforts, the regional officer has not been successful in making an appointment under paragraph (a), the regional officer may, after consultation with the brigades in the group, appoint an SACFS member of a brigade in the group to the rank of group officer on an acting basis; or (c) if, despite reasonable efforts, the regional officer has not been successful in making an appointment under paragraph (a) or (b), the regional officer may, after consultation with the brigades in the group, appoint an SACFS member of a brigade outside the group (but within the SACFS region of the regional officer) to the rank of group officer on an acting basis; or (d) if, despite reasonable efforts, the regional officer has not been successful in making an appointment under paragraph (a), (b) or (c), the Chief Officer may, after consultation with the brigades in the group, appoint an SACFS member of a brigade outside the group to the rank of group officer on an acting basis. (22) A person may be re‑elected to a position in an SACFS group. (23) While a person holds the rank of group officer or deputy group officer, the person will be regarded as being on leave of absence from their brigade without loss of continuity of service.