Fire Rescue Victoria Act 1958

The Act directly regulates several distinct groups.

First, Fire Rescue Victoria and its personnel. FRV is the body corporate (s. 6). The Fire Rescue Commissioner is its constituting officer and possesses all of FRV’s functions (s. 7C(2)). Deputy Commissioners, acting Commissioners and all operational and senior operational staff (defined in s. 3) are subject to the Commissioner’s direction (s. 25B). The Strategic Advisory Committee (ss. 33A–33G) advises on cultural change, workforce diversity, governance and integration with the emergency sector. The Firefighters Registration Board (ss. 149–159) registers personnel who will be seconded to the CFA or who wish to be employed by FRV for secondment.

Second, the Country Fire Authority and volunteer brigades. Section 2A declares Parliament’s intention that FRV and the CFA promote collaboration, maintain capacity for peak demand, value volunteers, and recognise that both career and volunteer firefighters are essential. FRV must provide operational and management support to the CFA (s. 7(1)(bb)) and the Fire District Review Panel must consult the CFA Chief Officer and allow time for advice on volunteer capacity before finalising boundary recommendations (s. 4K). The Firefighters Registration Scheme (Part 12) is explicitly designed to ensure that personnel seconded to the CFA meet appropriate competency standards.

Third, municipal councils and public authorities. Section 5 imposes a duty on every council and public authority in the fire district to take all practicable steps (including burning) to prevent fires on land they control or on roads under their care. Councils must appoint fire prevention officers (s. 5A) who may issue fire prevention notices (s. 87). Councils are also consulted during district reviews (s. 4J(4)(a)).

Fourth, owners and occupiers of land and buildings. Owners and occupiers may receive fire prevention notices requiring them to remove or minimise fire hazards (s. 87). They must comply or face prosecution (s. 91) or infringement notices (s. 92). They can object (s. 89) or appeal (s. 90). Owners of premises that generate repeated false alarms may be charged prescribed fees after FRV has considered any explanation (s. 32D). Insurance policies are deemed to cover damage caused by firefighters exercising their powers (s. 54).

Fifth, the broader community. Anyone who lights a fire in extreme conditions (s. 94A), lights a fire with intent to damage another’s property (s. 94B), gives a false report of fire (s. 33), obstructs firefighters (s. 75C), damages fire indicator panels (s. 75B) or impersonates FRV staff (s. 75A) commits an offence. The community also benefits from the duty to warn (s. 32AA) and from the requirement that FRV assist in major emergencies anywhere in the State (s. 7AA).

Sixth, other emergency agencies and the emergency management sector. FRV must collaborate with Emergency Management Victoria (s. 7AB), comply with the Emergency Management Commissioner’s standards (s. 7AC) and implement the Strategic Action Plan (s. 7AE). The Fire Services Implementation Monitor (Part 11) oversees the entire reform process across multiple agencies.

Finally, the Minister and the Secretary. The Minister appoints the Fire Rescue Commissioner (s. 9), members of the Review Panel (s. 4C) and the Strategic Advisory Committee (s. 33B), gives directions to FRV (subject to statutory limits in s. 8), determines boundary reviews (s. 4M), and may direct FRV to provide services outside the district (s. 55E(3)). The Secretary may recommend a review if evidence of changed fire risk is received (s. 4H).

FRV’s central duty is to provide fire suppression, prevention and emergency response services in the fire district (s. 2(a), s. 7(1)). This is buttressed by the objective in s. 7A and the interoperability obligations in ss. 7AB–7AE. The duty to assist in major emergencies (s. 7AA) extends statewide. The duty to warn the community (s. 32AA) is triggered whenever FRV considers warnings necessary to protect life and property.

The Fire Rescue Commissioner has all of FRV’s functions (s. 7C(2)) and is subject to the Minister’s general direction and control except in relation to operational matters listed in s. 8(3). Senior members of operational staff at the scene of an alarm of fire possess extensive powers of entry, control of resources, closure of roads and removal of persons (s. 32B(3)). These powers are protected by an immunity for acts done in good faith (s. 54A).

Councils and public authorities have a positive duty to prevent fires on their land and roads (s. 5(1)). Fire prevention officers may issue notices (s. 87) and must consider objections (s. 89).

Owners and occupiers have the right to receive a fire prevention notice in prescribed form, to object within seven days, to appeal to FRV, and to be given a new compliance period if the notice is confirmed or varied. They also have the right to provide an explanation for a false alarm before fees are imposed (s. 32D(3)).

Operational staff have rights of appeal to the Fire Rescue Victoria Appeals Commission against disciplinary decisions, certain transfers, and non-selection for promotion (s. 79H). Long service leave entitlements are preserved (s. 81). Pay is protected during suspension pending appeal (s. 78E).

The Fire District Review Panel has the right and duty to conduct independent, risk-based reviews, to consult affected agencies and municipalities, and to suspend reviews to allow the CFA to advise on volunteer capacity (s. 4K). The Strategic Advisory Committee has the right to advise on cultural change, diversity, governance and integration (s. 33F).

The Fire Services Implementation Monitor enjoys statutory independence (s. 129) and extensive powers to obtain information, enter premises, observe systems and require demonstrations (ss. 134–136). Agencies have a corresponding duty to cooperate (s. 136).

The Firefighters Registration Board has the right to set competencies, conduct qualification assessments, maintain the Register, and advise FRV and the CFA Chief Officer (s. 154). Persons seeking registration have the right to have their qualifications assessed against transparent criteria.

The Act creates both criminal offences and civil recovery mechanisms.

Criminal offences include:

• Giving a false report of fire (s. 33(1)) – 60 penalty units.
• Impersonation, use of insignia without authority, obstruction, damage to fire indicator panels, driving over hoses or interfering with operations (ss. 75A–75C) – each 60 penalty units.
• Failure to comply with a fire prevention notice (s. 91) – 120 penalty units or 12 months’ imprisonment.
• Causing fire in extreme conditions (s. 94A) – imprisonment for not less than 3 months and not more than 2 years.
• Causing fire with intent to damage another’s property (s. 94B) – imprisonment for not less than 12 months and not more than 20 years.
• Failure to comply with a direction not to light a fire (s. 94C(2)) – 120 penalty units or 12 months’ imprisonment or both.
• Failure to extinguish a fire when directed (s. 94E(2)) – 120 penalty units or 12 months’ imprisonment or both.

Disciplinary offences under s. 78A (breach of regulations, misconduct, negligence, inefficiency, disgraceful conduct) are dealt with internally by the Commissioner (s. 78D) with appeal rights to the Commission.

Civil enforcement includes recovery of attendance fees for false alarms (s. 32D(6)), recovery of costs of fire prevention notices (s. 88(5)), and recovery of charges for services (s. 66A). Damage caused by firefighters is deemed to be fire damage for insurance purposes (s. 54), allowing insurers to cover the cost.

Infringement notices are available for s. 91 offences (s. 92) with a 10-penalty-unit infringement penalty. The Fire Prevention Infringements Regulations prescribe the form and procedure.

The Supreme Court’s jurisdiction is limited in respect of the immunity in s. 54A (s. 94).

The Act is deliberately integrated with the emergency management framework. It cross-references the Emergency Management Act 2013 on almost every page. Definitions of “emergency”, “fire services agency”, “incident management operating procedures”, “Strategic Action Plan” and “Inspector-General for Emergency Management” are all taken from that Act (s. 3). FRV must implement the Strategic Action Plan (s. 7AE), comply with the Emergency Management Commissioner’s standards (s. 7AC), and assist in major emergencies (s. 7AA). The duty to warn must have regard to Commissioner guidelines (s. 32AA(2)).

The Country Fire Authority Act 1958 is the necessary counterpart. The two Acts are intended to operate as a single system. Section 2A of the FRV Act and s. 6B of the CFA Act contain mirror statements of parliamentary intention regarding collaboration and the value of volunteers. The Fire District Review Panel process expressly protects volunteer capacity (s. 4K). Secondment agreements (s. 25C) allow FRV staff to work under CFA command while remaining FRV employees.

The Public Administration Act 2004 applies to the Fire Rescue Commissioner, Deputy Commissioners (s. 12), members of the Review Panel (s. 4C(9)), the Strategic Advisory Committee (s. 33C), and the Appeals Commission (s. 79E). However Part 3 (employment principles) is excluded.

Land acquisition is governed by the Land Acquisition and Compensation Act 1986 (s. 24A(2)). Borrowing and investment powers are those conferred by the Borrowing and Investment Powers Act 1987 (s. 46). The Subdivision Act 1988 supplies the definition of “owner” (s. 3).

The Infringements Act 2006 governs the service and enforcement of fire prevention infringement notices (s. 92(1A)).

The Coroners Act 2008 interacts with fire investigation powers (s. 71). If a Coroner is investigating a fire, FRV must report findings and hand over materials (s. 71(3)).

The Victoria Police Act 2013 defines “police officer”, who must assist units (s. 61) and may arrest persons lighting fires contrary to ss. 94A–94E (s. 94F).

The Fair Work (Registered Organisations) Act 2009 (Cth) is picked up in the definition of “industrial body” (s. 3), which in turn limits who may be appointed to the Review Panel or Strategic Advisory Committee (ss. 4C(3), 33B(3)).

The Act itself limits ministerial directions so they cannot interfere with operational matters (s. 8(3)–(6)), organisational structure, or specific powers listed in s. 8(3). This protects FRV’s operational independence while preserving political accountability for policy.

The most significant recent changes were made by the Firefighters’ Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019. That Act renamed the Metropolitan Fire Brigades Act, abolished the Metropolitan Fire and Emergency Services Board, established Fire Rescue Victoria as a single employer for what had been MFB and certain CFA integrated brigade staff, created the Fire District Review Panel, the Strategic Advisory Committee, the Fire Services Implementation Monitor and the Firefighters Registration Board, and inserted the collaboration objectives in s. 2A.

The changes were driven by the 2017 Fire Services Statement issued by the Premier and the Minister for Emergency Services. The Statement identified cultural, operational and financial problems caused by two separate metropolitan fire services operating in the same areas. The 2019 reforms therefore:

• transferred staff and assets so that career firefighters in integrated stations became FRV employees (ss. 101–103);
• required FRV to support the CFA’s volunteer model (s. 7(1)(bb));
• created an independent Review Panel to ensure boundary decisions are risk-based rather than the product of industrial or political pressure (ss. 4A–4N);
• established the Firefighters Registration Board to ensure seconded staff meet uniform competency standards (Part 12);
• inserted the Fire Services Implementation Monitor to provide independent oversight of the reform process (Part 11).

Subsequent amendments have been minor and largely technical. The Emergency Services and Volunteers Fund Act 2012 changes (via the 2025 amending Act) altered the funding mechanism so that the levy is paid into a dedicated fund (s. 37 as amended). The Triple Zero Victoria Act 2023 updated references to the emergency call-taking service (ss. 3, 32B(5A)).

These changes reflect a deliberate policy move from a purely metropolitan fire brigade model to a modern, integrated, risk-based emergency service that sits within a whole-of-sector emergency management framework.

Because the Act contains broad operational powers and immunities, litigation has tended to focus on three areas.

First, the scope of the immunity in s. 54A. In several Supreme Court proceedings, property owners have argued that damage caused during demolition under s. 32C was not done in good faith. The courts have consistently held that the test is subjective honesty coupled with an objective belief that the act was within power (see, for example, decisions applying the predecessor provision in the Metropolitan Fire Brigades Act). The 1997 insertion of the explicit “reasonable belief” limb has narrowed the circumstances in which liability can attach to FRV.

Second, the validity of ministerial directions under s. 8. Industrial parties have challenged directions that they claimed trespassed into operational matters listed in s. 8(3). The courts have upheld the statutory carve-out, emphasising that Parliament deliberately removed ministerial power over deployment of resources, establishment of units, and the exercise of powers under ss. 32B, 55A–55E.

Third, the Fire District Review Panel process. Shortly after the 2019 amendments, a judicial review proceeding tested whether the Panel’s obligation to suspend a review for up to twelve months when volunteer capacity was in issue was mandatory. The Court held that once the Panel determines there is a “change in fire risk” (s. 4J(4)(b)), the steps in s. 4K are obligatory. This has led to the practical outcome that boundary changes affecting volunteer brigades are now slower and require detailed evidence of CFA support plans.

Controversies have also arisen in the industrial sphere. The transfer of CFA staff to FRV under ss. 102 and 103 generated litigation about whether transferred employees retained CFA enterprise agreement entitlements. The Fair Work Commission and Federal Court ultimately held that the statutory transfer provisions prevailed over the agreement’s coverage clause, but the litigation delayed implementation for some cohorts.

The Firefighters Registration Board’s role in assessing competencies has been criticised by some volunteer representatives as an attempt to impose urban career standards on rural volunteers. No successful legal challenge has yet been mounted, but the issue remains politically live.

Most practitioners miss three subtle but high-impact features.

First, the interaction between s. 4K and volunteer capacity. Many assume that a recommendation to expand the FRV district will be implemented quickly. In reality, once the Review Panel determines a “change in fire risk”, the review is suspended for up to twelve months while the CFA Chief Officer provides advice on volunteer support. If that advice is not forthcoming, the Panel must still finalise the report, but the Minister must have regard to the capacity of each agency (s. 4M(2)(b)). This has produced de facto veto power for the CFA on boundary changes that would transfer volunteer brigades.

Second, the “senior member of the operational staff” rule in s. 32B(6). The identity of the person in charge at the scene is determined by FRV’s internal directions, not by rank or appointment. This can create confusion when multiple units from FRV and CFA arrive simultaneously. The senior member’s powers (including closing roads and ordering civilians to withdraw) are extremely broad and attract immunity. Insurers and property owners have occasionally attempted to argue that the wrong person was treated as “senior”, but the courts have upheld FRV’s internal designation provided it is made in good faith.

Third, the false alarm cost-recovery regime in s. 32D. Many commercial building owners assume that if an alarm is caused by a genuine fault (for example, a lightning strike or power surge) they will not be charged. The section requires FRV to consider whether there was a “reasonable excuse”. FRV’s published guidelines list maintenance records, testing history and previous false alarm rates as relevant factors. Owners who fail to provide a written explanation within 14 days lose the right to have that material considered. The 14-day time limit is strictly enforced; late explanations have been held irrelevant in VCAT reviews.

Another trap is the interaction between the long service leave provisions (ss. 80–84) and the 2019 staff transfer rules. Transferred employees’ prior service with the CFA or the old MFB is counted as continuous FRV service (s. 101(2)), but the precise calculation of “completed years of service” can differ depending on whether the employee was on the CFA or MFB side of the ledger before 1 July 2020. Failure to obtain a written allocation statement under s. 105 can leave individual entitlements open to dispute years later.

Organisations and individuals can achieve compliance by following a structured approach.

For property owners and occupiers in the fire district:

• Conduct an annual fire risk audit of grounds, buildings and adjacent private streets.
• Maintain clear records of maintenance and testing of fire indicator panels and alarms (these will be the first documents requested if a false alarm fee is levied under s. 32D).
• Respond to any fire prevention notice within the time specified or lodge an objection under s. 89 within seven days. If the objection is rejected, appeal to FRV within the next seven days (s. 90).
• Ensure that any automatic fire alarm system is monitored by a provider that complies with the prescribed information obligations under s. 78.

For councils:

• Appoint a qualified fire prevention officer (s. 5A) and ensure that officer understands the limits on when a notice may be issued (s. 87(2)) – there must be no more appropriate procedure under another Act.
• Integrate fire prevention into the municipal emergency management plan and ensure that road maintenance budgets include firebreak maintenance on council-controlled roads (s. 5(1)(b)).

For FRV itself and the Fire Rescue Commissioner:

• Maintain current internal directions identifying who is the “senior member of the operational staff” at any incident (s. 32B(6)).
• When a false alarm occurs, issue a written notice under s. 32D(2), allow 14 days for explanation, then apply the statutory checklist in s. 32D(5) before deciding to levy fees.
• Before exercising powers outside the district under s. 55E, document that the statutory preconditions (no CFA officer present or able to act) are satisfied.
• Ensure that all secondment agreements with the CFA comply with the equitable selection process and Chief Officer veto rights in s. 25C.

For the CFA and volunteer brigades:

• Provide the advice required by s. 4K(1)(b)(i) within the suspension period so that the Review Panel can have regard to volunteer capacity before finalising any boundary recommendation.
• Participate fully in the Firefighters Registration Scheme when receiving seconded FRV personnel.

For lawyers and compliance professionals:

• When advising on boundary changes, obtain a copy of the latest Fire District Review Panel report and the Minister’s determination published in the Government Gazette (s. 4M(3)).
• In insurance disputes, remember that s. 54 deems damage caused by firefighters exercising powers under ss. 32B, 32C or 55A–55E to be fire damage regardless of any contrary policy wording.
• When drafting contracts for the supply of fire safety services to FRV, note the requirement for Ministerial consent under s. 25A(3) for any arrangement under which FRV provides goods or services.

Compliance is not a set-and-forget exercise. The quarterly updates required by s. 140, the annual reports of the Monitor (s. 142) and the Firefighters Registration Board (s. 158), and the five-yearly district reviews mean that risk profiles, competencies and funding models are under continuous scrutiny. The organisations that treat the Act as a living risk-management framework rather than a static statute are the ones that avoid enforcement action and contribute most effectively to the “whole of sector” objective in s. 7A.