Fire and Emergency Services Regulations 2021
Subdiv 5Miscellaneous matters
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Subdivision 5—Miscellaneous matters 22—Incident reports (1) When an SACFS organisation attends a fire or other emergency, the commanding officer of that organisation must ensure that the Chief Officer is furnished with a report on the incident and its handling by the SACFS organisation. (2) When an entity other than an SACFS organisation attends and assumes control at a fire or other emergency in the country, the highest ranking officer with responsibility for that other entity at the fire or other emergency must ensure that the Chief Officer is furnished with a report on the incident and its handling by the entity. (3) A report under this regulation must— (a) be furnished to the Chief Officer within a period determined by the Chief Officer; and (b) be in a form determined by the Chief Officer; and (c) contain the name of each member of the SACFS organisation or other entity who attended the fire or other emergency. 23—Absence from SACFS duties (1) A member of an SACFS organisation may apply to their commanding officer for leave of absence. (2) A commanding officer may grant up to 3 months leave of absence. (3) If an applicant requires more than 3 months leave of absence, the application must be forwarded to the regional officer for the member's SACFS organisation, together with a recommendation on the application from the commanding officer. (4) The regional officer may, on receipt of an application under subregulation (3), grant such leave of absence as the regional officer thinks fit. (5) In deciding whether or not to grant leave of absence (or to recommend such leave), a commanding officer must take into account the effect (if any) that the granting of the leave would have on the ability of the relevant SACFS organisation to perform its functions under the Act effectively and efficiently. (6) If a member of an SACFS organisation, without reasonable excuse, fails to regularly attend as required without leave of absence, the organisation may cancel the member's membership. (7) Before taking action in respect of a person under subregulation (6), the SACFS organisation must— (a) give the person a reasonable opportunity to make submissions in relation to the proposed course of action; and (b) take a vote of the members of the organisation on the proposed cancellation. 24—Dissolution of SACFS organisation—consultation requirements (1) This regulation sets out the requirements contemplated by section 68(8) of the Act. (2) The Chief Officer must, before determining to dissolve an SACFS organisation— (a) consult in relation to the matter with— (i) the members of the organisation; and (ii) the Country Fire Service Volunteers Association; and (b) give notice of the proposed dissolution— (ii) in a newspaper circulating throughout the local area in relation to which the SACFS organisation 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 SACFS organisation 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 organisation (or their representative or representatives); and (b) invite the Country Fire Service Volunteers Association 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. 25—Brigades formed by various government agencies Except to such extent as the Chief Officer may otherwise determine, this Part may extend to a brigade formed or operated by a government department, or another agency or instrumentality of the Crown, for the purpose of fighting fires in the country.