Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022

These Regulations establish the detailed governance, electoral, registration, notification and administrative procedures for the Firefighters Registration Board created under the Fire Rescue Victoria Act 1958. They are made under s 159 of that Act (reg 2) and commenced on 1 December 2022 (reg 3). Mechanically the instrument:

Prescribes Board composition requirements and temporary appointment powers (regs 5-7).
Creates a postal preferential election system, with an election manager appointed by the Minister (regs 8-31). The Division 2 rules govern nomination forms, ballot papers, dispatch, marking, return, counting, scrutineers, ties (by lot) and disposal of ballot papers (regs 14-27, 31).
Sets meeting, quorum, minutes, conflict-of-interest, immunity and delegation rules for the Board (regs 33-39).
Requires the Board to set, publish and apply competency and qualification requirements for inclusion on the Firefighters Register (regs 41, 42, 43).
Provides the application process, decision timing, commencement, duration (up to five years), renewal mechanics and revocation processes for registered persons (regs 42-50, 44-47).
Grants review rights to VCAT against inclusion/refusal/renewal/revocation decisions and prescribes time limits for review (reg 52).
Imposes record-keeping responsibilities for the Firefighters Register and a requirement that the Fire Rescue Commissioner notify the Board of dismissals/resignations/retirements of registered persons (regs 53-54).
Contains forms and template material in Schedule 1 for nominations, ballot-papers and scrutineer appointments.

The Regulations expressly implement an electoral franchise limited to current firefighters (definitions and reg 16), provide security measures for postal voting (declaration and return envelopes, ballot security paper , reg 16(3)), and require destruction of all ballot material 60 days after publication of the result (reg 27). The Board must publish its approved competency and qualification requirements on an Internet site it maintains (reg 41(2)). The amendments recorded (S.R. No. 131/2024) add procedural extensions for decision timeframes (regs 43(2A), 47(2A)), amend revocation rules (reg 48(1)), and alter other technical provisions (endnotes and table of amendments).

Version No. 002

Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022

S.R. No. 82/2022

Version incorporating amendments as at
1 December 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 2

Part 2—Firefighters Registration Board 4

Division 1—Membership of the Firefighters Registration Board 4

5 Appointment of members of the Board 4

6 Acting members of the Board 4

7 Board may appoint acting Chairperson 5

Division 2—Election process for nomination of former senior firefighter and academic for appointment to Firefighters Registration Board 5

8 Election manager 5

9 Deputy election manager and other election officials 5

10 Election officials not to be candidates 6

11 Last day of voting 6

12 Change to last day of voting 6

13 Notice of election 7

14 Nominations 7

15 Preparation and form of ballot-papers 8

16 Dispatch of ballot material 9

17 Marking a vote 10

18 Return of ballot-papers 11

19 Issue of replacement ballot-papers 11

20 Withdrawal or death of candidate 11

21 Place where votes are to be counted 12

22 Appointment of scrutineers 12

23 Receipt of return envelopes 13

24 Counting of votes 14

25 Adjournment of counting 14

26 Notification and publication of results 15

27 Disposal of ballot-papers 15

28 Personal statement 15

29 No nominations 16

30 Uncontested election 16

31 Method of counting 17

32 Casual vacancies of elected Board members 18

Division 3—General provisions for the Firefighters Registration Board 18

33 Meetings of the Board 18

34 Quorum for meetings 19

35 Voting at Board meetings 19

36 Minutes of meetings 19

37 Duty of Board members to disclose conflicts of interest 20

38 Immunity of Board members 20

39 Delegation 21

40 Power of the Board to enter into agreements 21

41 Board must approve and publish competency and qualification requirements for registration 21

Part 3—Registration by the Firefighters Registration Board 22

Division 1—Registration 22

42 Application for registration 22

43 Decision on application for registration 23

44 Commencement and duration of registration 24

Division 2—Renewal of registration 25

45 Board must notify of impending expiry of registration 25

46 Application for renewal of registration 25

47 Renewal of registration 26

Division 3—Revocation of registration 27

48 Mandatory revocation of registration 27

49 Notice of intention to revoke 27

50 Revocation following notice 28

Division 4—Review 28

52 Review by VCAT 28

Division 5—Miscellaneous 29

53 Board to maintain Firefighters Register 29

54 Fire Rescue Commissioner to notify Board of dismissals of registered persons 30

Schedule 1—Forms 31

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Endnotes 34

1 General information 34

2 Table of Amendments 36

3 Explanatory details 37

Version No. 002

Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022

S.R. No. 82/2022

Version incorporating amendments as at
1 December 2024

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to specify requirements for the appointment of members to the Firefighters Registration Board under the Fire Rescue Victoria Act 1958; and

(b) to prescribe the process for the election of nominees for appointment to the Firefighters Registration Board under the Fire Rescue Victoria Act 1958; and

(c) to provide for matters necessary for the Firefighters Registration Board to discharge its functions under the Fire Rescue Victoria Act 1958; and

(d) to provide for other matters in relation to the Firefighters Registration Board.

2 Authorising provision

These Regulations are made under section 159 of the Fire Rescue Victoria Act 1958.

3 Commencement

These Regulations come into operation on 1 December 2022.

4 Definitions

In these Regulations—

ballot material means the material set out in regulation 16(3);

Board has the same meaning as Firefighters Registration Board has in section 147 of the Act;

close of nominations means 12 noon on the nomination day;

close of voting means 5 p.m. on the last day of voting;

current firefighter has the same meaning as it has in section 147 of the Act;

declaration envelope has the meaning given by regulation 16(3)(b);

Department has the same meaning as it has in the Public Administration Act 2004;

election official means a person—

(a) appointed as election manager under regulation 8; or

(b) appointed as deputy election manager or another election official under regulation 9;

electoral roll means the roll of current firefighters as at the close of nominations;

Firefighters Register has the same meaning as it has in section 147 of the Act;

last day of voting means the day determined by the election manager under regulation 11 or the day as altered by the election manager under regulation 12;

nomination day has the meaning given by regulation 13(3)(b);

notice of intention to revoke means a notice given under regulation 49;

personal statement has the meaning given by regulation 28;

public entity has the same meaning as it has in the Public Administration Act 2004;

qualification has the same meaning as it has in section 147 of the Act;

qualification assessment has the same meaning as it has in section 147 of the Act;

return envelope has the meaning given by regulation 16(3)(c);

secondment agreement has the same meaning as it has in section 25C(10) of the Act;

the Act means the Fire Rescue Victoria Act 1958;

working day means a day that is not a Saturday, a Sunday or a day appointed as a public holiday under the Public Holidays Act 1993.

Part 2—Firefighters Registration Board

Division 1—Membership of the Firefighters Registration Board

5 Appointment of members of the Board

In recommending a person for appointment as a member of the Board under section 150(1) of the Act, the Minister must ensure that the person—

(a) is capable of performing the functions and duties of a Board member; and

(b) has knowledge or experience in advising on professional firefighting capabilities and standards relating to fire services agencies; and

6 Acting members of the Board

(1) The Minister may appoint a person to act as a Board member for a period not exceeding 3 months (a period of appointment)—

(a) during a vacancy in the office of a Board member; or

(b) if a Board member is absent or, for any other reason, unable to perform the duties of office.

(2) The Minister may appoint a person under subregulation (1) for more than one period of appointment.

Note

See section 41AA of the Interpretation of Legislation Act 1984.

7 Board may appoint acting Chairperson

(1) The Board may appoint a member of the Board to act as Chairperson during any period in which the Chairperson is absent or, for any other reason, unable to perform the functions and duties of the Chairperson.

(2) For the period in which the Chairperson is absent or, for any other reason, unable to perform the functions and duties of the Chairperson, an acting Chairperson appointed under subregulation (1)—

(a) must perform all the functions and duties of the Chairperson; and

(b) may exercise all the powers of the Chairperson.

Division 2—Election process for nomination of former senior firefighter and academic for appointment to Firefighters Registration Board

8 Election manager

The Minister may appoint an election manager to conduct elections in accordance with the process set out in this Division.

9 Deputy election manager and other election officials

(1) The election manager may appoint—

(a) a deputy election manager to assist the election manager or to act as the election manager in their absence; and

(b) other election officials to assist in the conduct of elections.

(2) An appointment under subregulation (1) must be in writing and signed by the election manager.

(3) A deputy election manager may exercise any power or perform any function of an election manager under these Regulations, other than the power of appointment under subregulation (1).

10 Election officials not to be candidates

The election manager, deputy election manager and any other election officials appointed under regulation 9 must not be candidates in an election for appointment as a Board member.

11 Last day of voting

(1) For the purposes of an election, the election manager must determine a day by which postal votes in that election must be received by the election manager.

(2) The day determined under subregulation (1) must be—

(a) a working day; and

(b) at least 6 weeks after the day on which notice of the election is published under regulation 13.

12 Change to last day of voting

(1) If special circumstances exist, the election manager may alter the day by which postal votes in an election must be received and determine a different later day by notice published in the Government Gazette.

(2) For the purposes of subregulation (1), special circumstances include the following—

(a) an unforeseen delay in preparing or distributing ballot material;

(b) a postal strike or any disruption to the postal service.

13 Notice of election

(1) Subject to subregulation (2), the Board must cause a notice of an election to be published in the Government Gazette.

(2) For the purposes of the first election of a person described in section 150(2)(c) or (d) of the Act, the Minister must cause a notice of an election to be published in the Government Gazette.

(3) The notice of the election must specify the following—

(a) the position or positions for which the election is to be held;

(b) the day by which nominations of candidates and personal statements must be received by the election manager;

(d) the address at which the election manager will receive nominations and personal statements;

(e) the last day of voting.

(4) The nomination day must be a working day that is at least 14 days after the day on which the notice of the election is published under subregulation (1).

14 Nominations

(1) A candidate in an election must deliver or cause to be delivered to the election manager a nomination in the form of Form 1 of Schedule 1 before the close of nominations.

(2) A nomination must be signed by the candidate and by 2 current firefighters as nominators.

(3) A nomination may be delivered to the election manager by email, post or hand.

(4) On receiving a nomination, the election manager must determine whether the person nominated is entitled to be a candidate and whether the nominators are entitled to vote in the election.

(5) If requested by a candidate, the election manager must issue an acknowledgement of receipt for a nomination.

15 Preparation and form of ballot-papers

(1) If there is more than one candidate for a position, as soon as practicable after the nomination day the election manager must determine the order of candidates on the ballot-paper by drawing the names of the candidates by lot.

(2) The candidates for a position may be present at the draw referred to in subregulation (1).

(3) Subject to subregulation (4), a ballot-paper—

(a) must be in the form of Form 2 of Schedule 1; and

(b) must show the names of the candidates in the order determined under subregulation (1); and

(i) a candidate's title or qualifications; or

(ii) reference to any political or other affiliation or allegiance.

(4) If the election manager considers that the names of 2 or more candidates are similar in a way that may cause confusion, the election manager may arrange for additional details to be included on the ballot-paper to distinguish the candidates from each other.

16 Dispatch of ballot material

(1) The Fire Rescue Commissioner must provide the election manager with the electoral roll no later than 7 days after the nomination day.

(2) If it appears to the Fire Rescue Commissioner that the electoral roll provided to the election manager contains an error or does not include a person who was a current firefighter as at the close of nominations, the Fire Rescue Commissioner must notify the election manager of that error or omission in writing as soon as practicable.

(3) The election manager must post or deliver the following material to each person on the electoral roll at least 21 days before the last day of voting—

(a) a ballot-paper made of marked security paper;

(b) an envelope for the ballot-paper, indicating a place for the voter to sign and date it;

(d) instructions on how to vote;

(e) notice of how and when the ballot-paper must be returned;

(f) the personal statements of the candidates in the election;

(g) a statement of the candidates who did not provide a personal statement by the close of nominations;

(h) any other material that the election manager considers appropriate.

(4) If the election manager is notified under subregulation (2) of a person not included on the electoral roll, the election manager must post or deliver the material set out in subregulation (3) to that person—

(a) at least 21 days before the last day of voting; or

(b) if at the time of notification there are less than 21 days before the last day of voting, as soon as practicable.

17 Marking a vote

(1) Subject to this regulation, a voter must mark their vote on a ballot-paper by placing, once only, the figures "1", "2" and "3" (and so on, as the case requires) in the squares opposite the names of the candidates, so as to indicate by an unbroken numerical sequence the voter's preferences with respect to the candidates.

(2) If there are only 2 candidates for a position, the requirements of subregulation (1) are satisfied if a ballot-paper is marked with the figure "1" opposite the name of only one candidate, so as to indicate the voter's first preference.

(3) If there are more than 2 candidates for a position, the requirements of subregulation (1) are satisfied if a ballot-paper is marked with the figures "1", "2" and "3" (and so on, as the case requires) opposite the names of each of the candidates on the ballot-paper except one candidate.

(4) In the circumstances set out in subregulation (3), the voter is taken to have given the voter's last preference to the candidate opposite whose name no figure is marked.

18 Return of ballot-papers

(1) A voter must—

(a) insert their marked ballot-paper in the declaration envelope and seal that envelope; and

(b) sign and date the declaration envelope; and

(2) The voter must post or deliver the return envelope to the address on the envelope, or to another address notified to the voter by the election manager, so as to reach the election manager by the close of voting.

19 Issue of replacement ballot-papers

The election manager may issue a replacement ballot-paper to a voter if the voter gives the election manager a declaration to the effect that—

(a) the voter has not received a ballot-paper or the ballot-paper that the voter received has been lost, spoilt or destroyed; and

(b) the voter has not already voted in the election.

20 Withdrawal or death of candidate

(1) A candidate in an election may withdraw their nomination by delivering a notice of withdrawal to the election manager no later than the close of nominations.

(2) If a candidate withdraws or dies after the close of nominations but before the commencement of the counting of votes in an election, the candidate's first preference votes must be distributed among the other eligible candidates according to the voters' second preferences and are taken to be first preference votes for those candidates.

21 Place where votes are to be counted

The election manager must—

(a) determine the place where the votes are to be counted; and

(b) advise each candidate of that place in writing.

22 Appointment of scrutineers

(1) A candidate in an election may appoint one or more scrutineers to scrutinise the electoral activities set out in subregulation (2).

(2) The electoral activities referred to in subregulation (1) are the following—

(a) the opening and emptying of the ballot-box or the container in which the declaration envelopes are kept;

(b) the processing of declaration envelopes;

(3) An appointment of a scrutineer must be in the form of Form 3 of Schedule 1.

(4) A person must not be appointed as a scrutineer in an election if the person is—

(a) a member of the Board (including the Chairperson); or

(b) a candidate in the election; or

(5) Only one scrutineer for a candidate may be present at an electoral activity at any one time.

(6) The election manager may direct a scrutineer to leave the place where an electoral activity is occurring if—

(a) more than one scrutineer for a candidate is present at the place at the same time; or

(b) the scrutineer touches a ballot-paper or otherwise interferes with or obstructs the electoral activity.

23 Receipt of return envelopes

(1) At any time before the close of voting, on receiving return envelopes the election manager may—

(a) remove the declaration envelopes from the return envelopes; and

(b) separate the signed declaration envelopes from the unsigned declaration envelopes and record receipt of each declaration envelope on the electoral roll; and

(c) accept any declaration envelopes that are undated but disallow the unsigned declaration envelopes and the ballot-papers they contain; and

(d) place each signed declaration envelope in a sealed container.

(2) As soon as practicable after the close of voting, the election manager must, in accordance with subregulation (1), deal with all return envelopes received by the close of voting that have not already been dealt with under that subregulation.

(3) The election manager must disregard any return envelope that is not received by the close of voting.

(4) If it appears to the election manager that a voter has signed and returned more than one declaration envelope, without opening the declaration envelopes the election manager must—

(a) accept the declaration envelope that appears to have been signed first by the voter or, if it is unclear which declaration envelope was signed first, was received first by the election manager; and

(b) disregard all other declaration envelopes that appear to have been returned by the voter.

24 Counting of votes

Subject to regulation 25, as soon as practicable after the close of voting the election manager must—

(a) unseal the container in which the signed declaration envelopes are kept; and

(b) draw from the container all the signed declaration envelopes; and

(d) after all ballot-papers have been deposited in the ballot-box, withdraw the ballot-papers and count the votes in accordance with the Act and these Regulations.

25 Adjournment of counting

The election manager may adjourn the counting of votes to a day and time determined by the election manager and notified to the candidates and the scrutineers.

26 Notification and publication of results

(1) The election manager must notify each candidate of the result of an election within 7 days after the day on which the counting of votes in the election is completed.

(2) As soon as practicable after all candidates have been notified in accordance with subregulation (1), the election manager must declare the result of the election by notice published in the Government Gazette.

(3) The election manager must send a copy of the notice published under subregulation (2) to the Minister.

27 Disposal of ballot-papers

At the end of the period of 60 days after notice of an election result is published under regulation 26, the election manager must destroy all forms and ballot material used in the election.

28 Personal statement

(1) A candidate may provide to the election manager, by email, post or hand, a personal statement for inclusion in the ballot material.

(2) A personal statement—

(a) must be no longer than 150 words; and

(b) must not refer to another candidate in the election without that other candidate's written consent accompanying the personal statement; and

(d) must comply with any formatting requirements determined by the election manager; and

(e) may be accompanied by a recent passport‑size photograph of the candidate for distribution with the statement.

(3) A candidate must not provide a personal statement that contains false or misleading information.

29 No nominations

If no nominations are received for a position described in section 150(2)(c) or (d) of the Act before the close of nominations, the election manager must—

(a) publish a notice to that effect in the Government Gazette; and

(b) provide a copy of the notice to—

(i) the Minister; and

(ii) the Board, unless the notice is in respect of the first election for that position.

30 Uncontested election

(1) If there is only one candidate for a position—

(a) that candidate is taken to have been elected in accordance with the election process set out in this Division; and

(b) despite anything to the contrary in this Division, the election manager is not required to conduct an election for the position.

(2) If a candidate is taken to have been elected under subregulation (1), the election manager must—

(a) publish a notice to that effect in the Government Gazette; and

(b) provide a copy of the notice to—

(i) the Minister; and

(ii) the Board, unless the notice is in respect of the first election for that position.

31 Method of counting

(1) If there are 2 or more candidates for a position and one candidate receives an absolute majority of first preference votes, that candidate is elected.

(2) If there are only 2 candidates for a position and both candidates receive an equal number of first preference votes, the elected candidate is determined by drawing the name of the candidate by lot.

(3) If there are more than 2 candidates for a position and no candidate receives an absolute majority of first preference votes, the result of the election is to be determined as follows—

(a) the candidate with the fewest votes is excluded; and

(b) the votes of the excluded candidate are distributed amongst the non-excluded candidates according to the voters' next preferences with respect to the non-excluded candidates; and

(d) if the distribution does not result in a candidate receiving an absolute majority of votes, the process set out in paragraphs (a) and (b) is repeated with respect to the non‑excluded candidates until one candidate receives an absolute majority of votes.

(4) If 2 or more candidates have the same number of votes during counting under subregulation (3) and it is necessary to determine which candidate is elected or excluded (as the case requires), the elected or excluded candidate is determined by drawing the name of the candidate by lot.

32 Casual vacancies of elected Board members

(1) An election to fill a vacancy in the office of a Board member described in section 150(2)(c) or (d) of the Act must be held in accordance with this Division as soon as practicable if—

(a) the office is vacant for a period exceeding 3 months; and

(b) there is no person acting as a Board member with respect to that vacancy.

(2) A Board member elected in the circumstances referred to in subregulation (1) holds office for the remainder of the term of the Board member who vacated the office.

Division 3—General provisions for the Firefighters Registration Board

33 Meetings of the Board

(1) The Chairperson must convene the first meeting of the Board no later than 3 months after the appointment of its 4 initial members.

(2) The Board must meet at least 3 times each year to perform its functions.

(3) The Chairperson must ensure that written notice of a meeting of the Board is served on each member of the Board no less than 10 business days before the meeting.

(4) The Board may permit a member of the Board to participate in a particular meeting, or all meetings, by audio link, audio visual link or any other means of communication that does not require the physical presence of each member in the same place.

(5) The Chairperson must preside at a meeting of the Board.

34 Quorum for meetings

The quorum for a meeting of the Board is a majority of Board members.

35 Voting at Board meetings

(1) A question arising at a meeting of the Board must be decided by a majority of votes of the members present and voting on that question.

(2) If there is an equality of votes on any question arising, the Chairperson has a second or casting vote.

36 Minutes of meetings

The Chairperson must—

(a) ensure that full and accurate minutes of a meeting of the Board are recorded and kept, including minutes of the decisions of the Board; and

(b) provide a copy of the minutes to each Board member.

37 Duty of Board members to disclose conflicts of interest

(1) A Board member (other than the Chairperson) who has a conflict of interest in a matter must disclose the nature and extent of the conflict to the Chairperson.

(2) If the Chairperson has a conflict of interest in a matter, the Chairperson must disclose the nature and extent of the conflict to the Minister.

(3) A Board member who has a conflict of interest in a matter must not—

(a) take any further part in decisions of the Board relating to that matter; or

(b) be present while the matter is being considered at a meeting of the Board; or

38 Immunity of Board members

(1) A Board member or an acting Board member is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function or duty under the Act or these Regulations; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under the Act or these Regulations.

(2) Any liability arising from an act or omission that would, but for subregulation (1), attach to a Board member or an acting Board member attaches instead to the Board.

39 Delegation

(1) The Board, by instrument, may delegate to a person specified in subregulation (2) any power of the Board, other than this power of delegation.

(2) The following persons are specified for the purposes of subregulation (1)—

(a) a member of the Board;

(b) a person employed—

(i) in a Department under Part 3 of the Public Administration Act 2004; or

(ii) as a member of staff of a statutory authority or other public entity.

40 Power of the Board to enter into agreements

The Board may enter into agreements or arrangements for use of the services of any staff of a Department, statutory authority or other public entity.

41 Board must approve and publish competency and qualification requirements for registration

(1) The Board must approve competency and qualification requirements for a person to be included on the Firefighters Register.

(2) The Board must publish the approved competency and qualification requirements on an Internet site maintained by the Board.

Part 3—Registration by the Firefighters Registration Board

Division 1—Registration

42 Application for registration

(1) A person referred to in section 148(2)(a) of the Act may apply to the Board for inclusion on the Firefighters Register if—

(a) the person—

(i) is a current officer or employee of Fire Rescue Victoria; and

(ii) is proposed to be made available to the Country Fire Authority under a secondment agreement; or

(b) the person—

(i) is a current officer or employee of Fire Rescue Victoria; and

(ii) is currently seconded to the Country Fire Authority under a secondment agreement; or

(i) is not currently employed by Fire Rescue Victoria; and

(ii) wishes to be employed by Fire Rescue Victoria in order to be made available to the Country Fire Authority under a secondment agreement.

(2) An application for registration must—

(a) be in writing in the form approved by the Board; and

(b) contain the applicant's contact details; and

(c) include a statement and any supporting evidence as to how the applicant satisfies the approved competency and qualification requirements; and

(d) include any additional information required by the Board to determine the application.

43 Decision on application for registration

(1) On receiving an application for registration, the Board must—

(a) if it considers that the applicant satisfies the approved competency and qualification requirements, include the applicant on the Firefighters Register; or

(b) if it considers that the applicant does not satisfy the approved competency and qualification requirements, refuse to include the applicant on the Firefighters Register.

(2) The Board must include or refuse to include the applicant on the Firefighters Register within 28 days after receiving an application for registration.

Reg. 43(2A) inserted by S.R. No. 131/2024 reg. 5.

(2A) The Board may extend the period within which it must make a decision under subregulation (2) to 45 days after receiving an application if—

(a) additional information is required by the Board to make the decision; or

(b) the Board needs to undertake any of the actions specified in subregulation (3).

(3) The Board must not refuse to include an applicant on the Firefighters Register unless the Board has—

(a) given written notice to the applicant of the Board's intention to do so and the reasons for that intention; and

(b) given the applicant a reasonable opportunity to respond in writing to the Board; and

(4) If the Board includes an applicant on the Firefighters Register, the Board must—

(a) enter details of the registration on the Firefighters Register; and

(b) give the applicant a certificate of registration that includes—

(i) the applicant's name; and

(ii) the date on which the applicant was registered; and

(iii) any other information that the Board considers appropriate.

(5) The Board, within 10 business days of making its decision on an application, must give written notice of the decision to the applicant, Fire Rescue Victoria and the Country Fire Authority.

(6) If the Board refuses to include an applicant on the Firefighters Register, notice under subregulation (5) must include the reasons for that decision.

44 Commencement and duration of registration

(1) The registration of a person takes effect on the date on which the Board includes the person on the Firefighters Register.

(2) Subject to regulation 47(6), the registration of a person expires on the earliest of the following—

(a) the fifth anniversary of the date on which the person was included on the Firefighters Register;

(b) the revocation of the person's registration;

(c) the date on which the person ceases to be seconded to the Country Fire Authority due to the termination or variation of a secondment agreement in accordance with section 25C(6) or (7) of the Act.

Division 2—Renewal of registration

45 Board must notify of impending expiry of registration

At least 2 months before the date on which a person's registration is due to expire, the Board must give written notice to the person, the Chief Officer of the Country Fire Authority and the Fire Rescue Commissioner—

(a) that the person's registration is due to expire; and

(b) that the person may apply to have the registration renewed; and

46 Application for renewal of registration

(1) A person who is registered may apply to the Board for renewal of registration.

(2) An application for renewal of registration must—

(a) be in writing in the form approved by the Board; and

(b) contain the information required by the Board to determine the application; and

(c) include a statement and any supporting evidence as to how the applicant continues to satisfy the approved competency and qualification requirements; and

(d) be provided to the Board at least one month before the registration is due to expire.

47 Renewal of registration

(1) On receiving an application for renewal of registration, the Board may—

(a) if it considers that the applicant continues to satisfy the approved competency and qualification requirements, renew the applicant's registration; or

(b) refuse to renew the applicant's registration.

(2) The Board must make a decision on whether to renew the applicant's registration within 28 days after receiving an application for renewal of registration.

Reg. 47(2A) inserted by S.R. No. 131/2024 reg. 6.

(2A) The Board may extend the period within which it must make a decision under subregulation (2) to 45 days after receiving an application if—

(a) additional information is required by the Board to make the decision; or

(b) the Board needs to undertake any of the actions specified in subregulation (3).

(3) The Board must not refuse to renew an applicant's registration unless the Board has—

(a) given written notice to the applicant of its intention to do so and the reasons for that intention; and

(b) given the applicant a reasonable opportunity to respond in writing to the Board; and

(4) The Board, within 10 business days of making its decision on an application for renewal of registration, must give written notice of the decision to the applicant, Fire Rescue Victoria and the Country Fire Authority.

(5) If the Board refuses to renew a person's registration, notice under subregulation (4) must include the reasons for that decision.

(6) If the Board has not made a decision on an application for renewal of registration before the date on which the registration expires, the registration continues in effect until the date on which the Board—

(a) renews the person's registration; or

(b) gives the person written notice of its decision to refuse to renew the person's registration.

Division 3—Revocation of registration

48 Mandatory revocation of registration

Reg. 48(1) amended by S.R. No. 131/2024 reg. 7.

(1) The Board must revoke the registration of a person on receiving written notice from the Fire Rescue Commissioner that the person has been dismissed, has resigned or has retired from Fire Rescue Victoria.

(2) A revocation of registration under subregulation (1) takes effect on the date on which the Board gives written notice of the revocation to the person.

49 Notice of intention to revoke

(1) The Board must give a registered person written notice requiring the person to show cause, within the period specified in the notice, why the person's registration should not be revoked, if the Board considers that—

(a) the person does not satisfy the requirements for registration; or

(b) the person's application for registration or renewal of registration contained information that was false or misleading.

(2) The period specified in a notice of intention to revoke must be at least 21 days after the day on which the notice is given to the person.

(3) If a person responds to a notice of intention to revoke within the period specified in the notice, or within any further period permitted by the Board, the Board must consider the person's response before making a decision to revoke the person's registration under regulation 50.

50 Revocation following notice

(1) Subject to regulation 49(3), the Board may revoke the registration of a person to whom a notice of intention to revoke has been given.

(2) If the Board revokes the registration of a person under subregulation (1), it must give written notice of that revocation to the person as soon as practicable.

(3) A revocation of registration under subregulation (1) takes effect—

(a) on the date on which notice is given to the person under subregulation (2); or

(b) if a later date is specified in the notice, on that later date.

Reg. 51 revoked by S.R. No. 131/2024 reg. 8.

Division 4—Review

52 Review by VCAT

(1) A person whose interests are affected by any of the following decisions of the Board may apply to VCAT for review of the decision—

(a) a decision to refuse to include the person on the Firefighters Register;

(b) a decision to refuse to renew the person's registration;

(2) An application for review must be made within 28 days after the later of—

(a) the day on which the person is given written notice of the decision of the Board; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which—

(i) the statement of reasons is given to the person; or

(ii) the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Division 5—Miscellaneous

53 Board to maintain Firefighters Register

(1) The Board must maintain the Firefighters Register in accordance with this regulation.

(2) The Board must ensure that the Firefighters Register contains the following information about each person who has been registered in accordance with these Regulations—

(a) the person's name and address;

(b) the date on which the person was first included on the Firefighters Register;

(3) The Board must keep in a separate part of the Firefighters Register the details of each person whose registration has been revoked.

(4) The Board may include on the Firefighters Register any other information that the Board considers appropriate.

(5) Subject to this regulation, the Firefighters Register must be kept in the form and manner determined by the Board.

Reg. 54 amended by S.R. No. 131/2024 reg. 9.

54 Fire Rescue Commissioner to notify Board of dismissals of registered persons

The Fire Rescue Commissioner must give written notice to the Board as soon as practicable after a registered person is dismissed, resigns or retires from Fire Rescue Victoria.

Schedule 1—Forms

Form 1

Regulation 14(1)

Nomination form

Firefighters Registration Board

**Former senior firefighter/Academic

CANDIDATE

Name:
Postal address for correspondence:
Form of name to appear on ballot-paper:(1)

To the election manager:

We, current firefighters from Fire Rescue Victoria, nominate the candidate referred to above for election as a *former senior firefighter/*academic to the Firefighters Registration Board.

NOMINATOR

Name:
Postal address for correspondence:
Signature: Date:

NOMINATOR

Name:
Postal address for correspondence:
Signature: Date:

Candidate's declaration of consent:

I consent to be nominated as a candidate for election as a *former senior firefighter/*academic to the Firefighters Registration Board.

I declare that I am eligible to be a candidate under the provisions of the Fire Rescue Victoria Act 1958 and the Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022.(2)

Signature of candidate: Date:

Notes:

(1) You may use an initial or initials or a common abbreviation or alternative for your given names.

(2) A candidate must ensure that the candidate is eligible to be a candidate.

Delete if not applicable

FORM 2

Regulation 15(3)(a)

Ballot-paper<br>Firefighters Registration Board<br>*Former senior firefighter/Academic<br>Number the boxes from 1 to [insert number of candidates] in the order of your choice.<br>You must number EVERY box. You must NOT use any number more than once.<br> [Candidate name]<br> [Candidate name]<br> [Candidate name]<br> [Candidate name]<br> [Candidate name]<br> [Candidate name*]

Delete if not applicable

Form 3

Regulation 22(3)

APPOINTMENT AND DECLARATION OF SCRUTINEER

Firefighters Registration Board

**Former senior firefighter/Academic

Candidate

Name:
Address:

Scrutineer

Name:
Address:

Appointment

I, a candidate for election as a *former senior firefighter/*academic to the Firefighters Registration Board at the election to be held on [insert date], appoint the person named above to be my scrutineer.

Candidate's signature: Date:

Scrutineer's declaration:

I, the scrutineer named above, undertake to be a scrutineer for the candidate named above and declare that I am eligible to be appointed as a scrutineer.(1)

Scrutineer's signature: Date:
in the presence of
Name and signature of witness: Date:

Note:

Regulation 22(4) of the Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022 provides that a person must not be appointed as a scrutineer in an election if the person is—

(a) a member of the Board (including the Chairperson); or

(b) a candidate in the election; or

Delete if not applicable

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022, S.R. No. 82/2022 were made on 20 September 2022 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 159 of the Fire Rescue Victoria Act 1958, No. 6315/1958 and came into operation on 1 December 2022: regulation 3.

The Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022 will sunset 10 years after the day of making on 20 September 2032 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Fire Rescue Victoria (Firefighters Registration Board) Amendment Regulations 2024, S.R. No. 131/2024

Date of Making:	26.11.24
Date of Commencement:	1.12.24: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022

Version No. 002

Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022

S.R. No. 82/2022

Version incorporating amendments as at
1 December 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 2

Part 2—Firefighters Registration Board 4

Division 1—Membership of the Firefighters Registration Board 4

5 Appointment of members of the Board 4

6 Acting members of the Board 4

7 Board may appoint acting Chairperson 5

Division 2—Election process for nomination of former senior firefighter and academic for appointment to Firefighters Registration Board 5

8 Election manager 5

9 Deputy election manager and other election officials 5

10 Election officials not to be candidates 6

11 Last day of voting 6

12 Change to last day of voting 6

13 Notice of election 7

14 Nominations 7

15 Preparation and form of ballot-papers 8

16 Dispatch of ballot material 9

17 Marking a vote 10

18 Return of ballot-papers 11

19 Issue of replacement ballot-papers 11

20 Withdrawal or death of candidate 11

21 Place where votes are to be counted 12

22 Appointment of scrutineers 12

23 Receipt of return envelopes 13

24 Counting of votes 14

25 Adjournment of counting 14

26 Notification and publication of results 15

27 Disposal of ballot-papers 15

28 Personal statement 15

29 No nominations 16

30 Uncontested election 16

31 Method of counting 17

32 Casual vacancies of elected Board members 18

Division 3—General provisions for the Firefighters Registration Board 18

33 Meetings of the Board 18

34 Quorum for meetings 19

35 Voting at Board meetings 19

36 Minutes of meetings 19

Several recurring legal and administrative concepts structure the Regulations and determine who does what.

Electoral franchise and administration

The electoral roll is the roll of current firefighters as at the close of nominations (definition). The Fire Rescue Commissioner must provide that roll to the election manager no later than 7 days after the nomination day (reg 16(1)). The Minister appoints an election manager to conduct elections (reg 8); the election manager may appoint deputies and other election officials (reg 9) but those officials may not be candidates (reg 10).
Elections use a postal preferential voting method; ballot material must be mailed at least 21 days before the last day of voting (reg 16(3)). Voters mark preferences (regs 17-18), place their ballot in a declaration envelope, sign and date it, and return it in a prepaid envelope to arrive by the close of voting (regs 17-18, definitions). The election manager may issue replacements and adjourn counting; ties and exclusions are resolved by preferential distribution or by lot (regs 19, 24-25, 31).

Board membership, meetings and conflicts

The Minister must recommend appointees who are capable and have relevant experience including advising on professional firefighting capabilities and volunteer management (reg 5). The Minister may appoint acting members for up to three months (reg 6). The Board may appoint an acting Chairperson to exercise the Chair’s powers during absence (reg 7).
Operational rules include meeting frequency (at least three times per year, reg 33(2)), quorum (majority, reg 34), voting (majority with Chair’s casting vote, reg 35), minutes (reg 36) and conflict-of-interest disclosures and exclusion from participation (reg 37).

Registration and competency

The Board must approve competency and qualification requirements for inclusion on the Firefighters Register and publish them online (reg 41). Eligible applicants are specified in reg 42 (current Fire Rescue Victoria officers proposed for or on secondment to the Country Fire Authority, or persons seeking employment to be seconded). Applications must be in a form approved by the Board and include evidence they meet the published requirements (reg 42(2)).
The Board has 28 days to decide on an application or renewal, extendable to 45 days in prescribed circumstances (regs 43(2), 43(2A), 47(2), 47(2A)). Decisions to refuse must follow a show-cause notice procedure with opportunity to respond (regs 43(3), 47(3), 49-50).

Record-keeping and notifications

The Board must maintain the Firefighters Register with specified fields (name, address, initial registration date, expiry date) and keep revoked entries separately; it may include other information as it thinks appropriate (reg 53).
The Fire Rescue Commissioner must notify the Board of dismissals/resignations/retirements of registered persons as soon as practicable (reg 54). Such notifications trigger mandatory revocation (reg 48(1)).

Review and judicial/administrative oversight

VCAT review is available for affected persons in specific categories of Board decisions; time to apply is 28 days measured from notice or delivery (reg 52).

Security and confidentiality features

Ballot papers must be on marked security paper and returned in signed, dated declaration envelopes, with the election manager permitted to separate signed from unsigned envelopes and to accept undated ones if signed (reg 16(3), 23(1)(a)-(c)). Return envelopes not received by close of voting must be disregarded (reg 23(3)). Ballot material is destroyed 60 days after publication of results (reg 27).

Legal relationships and references

The Regulations reference the Fire Rescue Victoria Act 1958 for the Board’s statutory foundation (reg 2 and multiple cross-references), the Public Administration Act 2004 for definitions and staff arrangements, and the Victorian Civil and Administrative Tribunal Act 1998 for review procedures (definitions and regs 39, 52). The Subordinate Legislation Act 1994 sunset rule applies (endnotes).

These concepts combine administrative safeguards (timings, notices, security) with delegated discretion (Ministerial appointments, election manager powers, Board approvals and delegations). The instrument distributes operational tasks across agencies without expressly prescribing funding sources; it permits the Board to enter into service agreements with departments or public entities (reg 40).

The Regulations create binding procedures that affect a discrete set of actors; they also impose compliance tasks on public bodies and create procedural rights for applicants.

Primary affected groups

Current firefighters of Fire Rescue Victoria. They form the electoral roll eligible to nominate and vote in elections for certain Board members (definition of electoral roll, regs 14(2), 16(3)). They are the nominators and electors for the former senior firefighter/academic positions (Schedule 1 Form 1, regs 14-31).
Candidates for Board positions described in s 150(2)(c) or (d) of the Act, namely former senior firefighters and academics (Division 2). Candidates must be nominated by two current firefighters (reg 14(2)) and comply with nomination and personal statement rules (regs 14, 28, Schedule 1).
Applicants for inclusion on the Firefighters Register. These include: current Fire Rescue Victoria officers proposed for secondment to the Country Fire Authority, current officers already seconded, and persons not currently employed who wish employment to be seconded (reg 42). Those applicants must meet competency and qualification requirements approved by the Board (reg 41).
Registered persons. Their registration has limited duration (up to five years, reg 44(2)(a)); they face mandatory revocation following dismissal/resignation/retirement notified by the Fire Rescue Commissioner (reg 48(1)) and may be subject to revocation on notice if they no longer meet requirements or provided false or misleading information (regs 49-50).

Public bodies and officials

The Minister. The Minister recommends appointments under s 150(1) of the Act and may appoint the election manager for elections (regs 5, 8). For first elections, the Minister must cause a notice of election to be published (reg 13(2)).
The election manager (Ministerial appointee). Conducts elections, determines last day of voting (subject to minimum timings, regs 11-12), issues ballots, counts votes, publishes results and destroys ballot material after 60 days (regs 11-12, 16-27).
The Fire Rescue Commissioner. Must provide the electoral roll to the election manager (reg 16(1)) and notify the Board of dismissals/resignations/retirements of registered persons (reg 54). The Commissioner must also notify the election manager of apparent errors in the roll (reg 16(2)).
The Board. Approves competencies and qualifications (reg 41), maintains the Firefighters Register (reg 53), decides on applications and renewals within specified timeframes and must comply with show-cause and notification obligations (regs 42-47, 49-50, 53).

Third parties and public entities

The Country Fire Authority (CFA). The Board must notify the CFA and Fire Rescue Victoria of registry decisions (reg 43(5), 47(4)), and the registration scheme is expressly tied to secondment arrangements involving the CFA (reg 42, reg 44(2)(c)).
Departments, statutory authorities or other public entities. The Board may delegate powers to, and enter into agreements for the use of staff from, such bodies (regs 39-40). These entities may therefore be asked to provide administrative assistance; the Regulations do not expressly allocate funding responsibilities.

Indirect effects

The electoral and registration rules shape internal labour flows between Fire Rescue Victoria and the Country Fire Authority by creating a registration category for personnel proposed or on secondment (reg 42), which is likely to affect hiring, secondment and career-path decisions even though those employment matters remain governed by other employment instruments and the Act.
Applicants and candidates face administrative compliance costs: completing forms (Schedule 1), meeting evidence requirements for competencies (reg 42(2)(c)), meeting nomination thresholds (reg 14(2)) and complying with personal statement constraints (reg 28).

The Regulations are procedural and administrative rather than substantive regulatory standards, but they allocate decision-making authority and set timelines that will influence behaviour by current firefighters, prospective seconded personnel and the relevant public agencies. The source does not set fees or funding lines; funding implications therefore follow from the operational activities assigned to agencies under the Regulations (see regs 40, 16, 53-54).

The Regulations impose specific duties on the Board, the Minister, the election manager, the Fire Rescue Commissioner and applicants, and confer rights such as VCAT review.

Duties of the Board

Approve and publish competency and qualification requirements for registration and publish them on an Internet site (reg 41(1)-(2)).
Maintain the Firefighters Register containing specified fields (name, address, date first included, expiry) and keep a separate part for revoked entries (reg 53(2)-(3)).
Decide on applications for registration and renewals within 28 days, with a permitted extension to 45 days where additional information or specified actions are required (regs 43(2), 43(2A), 47(2), 47(2A)).
Before refusing an application or renewal, give written notice of intention, reasons and a reasonable opportunity to respond; take any response into account (regs 43(3), 47(3)).
Provide certificates of registration and notify the applicant, Fire Rescue Victoria and CFA within 10 business days of a decision (reg 43(4)-(5), reg 47(4)).
Revoke registration on receiving written notice from the Fire Rescue Commissioner that the registered person has been dismissed, resigned or retired (reg 48(1)-(2)).

Duties of the election manager and election officials

Conduct elections in accordance with Division 2 (reg 8).
Determine nomination and voting days, publish election notices (Board to publish except first election where Minister does, reg 13(1)-(2)), ensure ballot material is dispatched at least 21 days before the last day of voting and manage receipt, processing and counting of ballots, including security measures (regs 11-16, 23-26).
Destroy ballot material 60 days after publication of results (reg 27).

Duties of the Fire Rescue Commissioner and Fire Rescue Victoria

Provide the electoral roll to the election manager not later than 7 days after nomination day and notify the election manager if the roll contains errors or omissions (reg 16(1)-(2)).
Notify the Board as soon as practicable after a registered person is dismissed, resigns or retires (reg 54), which triggers mandatory revocation (reg 48).

Duties of candidates, voters and applicants

Candidates must be nominated by two current firefighters and deliver a nomination in the prescribed form before the close of nominations (reg 14 and Schedule 1 Form 1).
Candidates may provide a personal statement limited to 150 words and must not include false or misleading information nor refer to another candidate without written consent (reg 28).
Voters must correctly mark preferences, insert the marked ballot-paper into the declaration envelope, sign and date it and return it to be received by the close of voting (regs 17-18).
Applicants for registration must apply in the form approved by the Board, provide contact details, supporting evidence that they meet competency requirements, and any additional information required (reg 42(2)).

Rights and procedural safeguards

Applicants and registered persons receive written notice of decisions; refusals must include reasons and a chance to respond (regs 43(3), 43(5), 47(3), 47(4), 49(1)-(3)).
Decisions to refuse inclusion, renewals or revocations are reviewable by VCAT within 28 days of notice or receipt of reasons (reg 52).
Candidates may appoint scrutineers for counting and processing activities, subject to eligibility restrictions and on-site limits (reg 22).

Timing and enforceability

Statutory timeframes structure rights: nomination day at least 14 days after election notice (reg 13(4)); last day of voting at least 6 weeks after notice (reg 11(2)); ballot dispatch at least 21 days before voting closes (reg 16(3)).
The Board’s duty to publish competency requirements and maintain registers creates transparency obligations; the Regulations make publication and notice duties enforceable administrative obligations (regs 41, 53).

Together these duties and rights create a closed administrative ecosystem for selection of particular Board members and for registration of seconded personnel, balancing procedural protections (notice, reasons, review) against administrative timelines and electoral security measures.

The Regulations are primarily procedural and do not create express monetary penalties or criminal offences in their text. Enforcement provisions manifest as administrative mechanisms, review rights and mandatory operational actions rather than fines or criminal sanctions.

Administrative enforcement mechanisms

Mandatory revocation. The Board must revoke a person’s registration on receiving written notice from the Fire Rescue Commissioner that the person has been dismissed, resigned or retired from Fire Rescue Victoria (reg 48(1)). This is a compulsory administrative consequence rather than a penalty, and it takes effect when notice of revocation is given to the person (reg 48(2)).
Show‑cause and revocation procedure. If the Board considers a registered person no longer meets registration requirements or supplied false or misleading information, the Board must give a written notice to the person to show cause at least 21 days before the proposed revocation (reg 49). Following consideration of any response, the Board may revoke registration (reg 50). This procedure functions as an administrative sanction that results in loss of registration rather than a financial penalty.
Eligibility exclusions. The Regulations prescribe disqualifying conditions for scrutineers and election officials from being candidates (reg 10, reg 22(4)), with the election manager empowered to remove scrutineers from electoral activity locations if they interfere (reg 22(6)). These are operational enforcement controls to protect process integrity.

Record and procedural duties as indirect enforcement

Publication and notification obligations (publication of election notices in Government Gazette, reg 13; notification of election results, reg 26; Board notification obligations on decisions, regs 43(5), 47(4)) create administrative transparency that supports external scrutiny, and failure to comply would be a breach of the Regulations. The Regulations do not specify remedial steps or fines for non-publication; the remedies would be administrative (direction, challenge via VCAT where a person’s interests are affected , reg 52) or political.

Review and judicial oversight

VCAT review. Persons whose interests are affected by decisions to refuse inclusion, refuse renewal or revoke registration may apply to VCAT for review (reg 52(1)). The time limit for application is 28 days from the relevant notice (reg 52(2)). Judicial or tribunal remedies can therefore be used to challenge procedural or substantive errors. The text does not attach specific penalties for failures, but VCAT can make orders and provide remedies under its Act.

Ballot and election security enforcement

The election manager has operational powers to accept or reject return envelopes (reg 23), to separate signed and unsigned declaration envelopes and to record receipt against the electoral roll (reg 23(1)(b)). The election manager may disregard envelopes not received by the close of voting (reg 23(3)). Those are internal enforcement mechanisms to ensure votes are properly authenticated and tallied.

Absence of criminal or financial penalties in the text

The Regulations do not include express penalties, fines or criminal offences for breach of their provisions. The scheme instead relies on administrative consequences (revocation, exclusion from process), operational enforcement by the election manager and review rights through VCAT. Any criminal or disciplinary exposure for false statements would therefore arise under other laws or employment instruments, not from express sanction provisions in these Regulations.

In summary, enforcement is administrative: revocation of registration, exclusion from electoral activities, control over ballot acceptance and VCAT review. The Regulations do not set monetary penalties or criminal sanctions within their own text.

These Regulations operate as subordinate legislation to the Fire Rescue Victoria Act 1958 and reference multiple other statutes and administrative frameworks, producing a network of interlocking obligations and review pathways.

Primary enabling and connecting statute

Fire Rescue Victoria Act 1958. The Regulations are made under s 159 of the Act (reg 2) and implement and elaborate on Board functions and registration processes referenced to sections 147, 148, 150 and 25C of the Act. For example, the Board is defined as in s 147 and the eligibility categories for registration refer to s 148(2)(a) (definition and reg 42). Appointment and election procedures are keyed to s 150(2)(c) and (d) in the Act (Division 2 references).

Administrative and public service law links

Public Administration Act 2004. Definitions and delegation provisions reference this Act: definition of Department and public entity, and reg 39(2) specifies delegations may be to persons employed in a Department under Part 3 of the Public Administration Act 2004 (reg 4 definition, reg 39(2)). Reg 40 specifically authorises the Board to enter into agreements for the use of staff of a Department or public entities, operationalising cross-agency service arrangements in public sector governance.

Tribunal and review statutes

Victorian Civil and Administrative Tribunal Act 1998. Review rights under reg 52 are exercised pursuant to VCAT’s jurisdiction and the timelines in reg 52(2) reference the VCAT Act procedures for statements of reasons (reg 52(2)(b)) and the manner of applying for review.

Subordinate legislation rules

Subordinate Legislation Act 1994. The endnotes record that these statutory rules will sunset ten years after making (endnote 1) pursuant to s 5 of the Subordinate Legislation Act 1994. The Regulations thus have a statutory expiry mechanism unless remade or extended.

Other statutory cross-references

Interpretation of Legislation Act 1984. The Regulations include notes and changes authorised by that Act and rely on it for interpretation notes (endnotes referencing ILA).
Public Holidays Act 1993. The definition of working day references that Act (reg 4).

Operational interfaces with employment and disciplinary regimes

The mandatory revocation rule (reg 48) is triggered by written notice from the Fire Rescue Commissioner that a registered person has been dismissed, resigned or retired from Fire Rescue Victoria. That links the administrative registration system to employment decisions and disciplinary outcomes that will be governed by employment contracts, industrial instruments and the Act itself. The Regulations do not create employment rights; they operate in tandem with employment law and agency disciplinary procedures.

Electoral law analogues and administrative standards

Although the electoral mechanics in Division 2 replicate many features of formal electoral practice (preferential voting, scrutineers, declaration envelopes, security paper, disposal timelines), the Regulations do not import the Electoral Act or its offences. Instead they create a bespoke electoral process for this Board with internal enforcement powers vested in the election manager (regs 8, 16, 23-26).

Records, privacy and information law

The Board must maintain a register and publish competency requirements online (regs 41, 53). The Regulations do not expressly address privacy or information‑sharing limits; those obligations will therefore be subject to general information law and privacy statutes and policies applicable to public bodies.

In sum, the Regulations are tightly tied to the Fire Rescue Victoria Act 1958 and use established public sector mechanisms for delegations, staff arrangements and tribunal review. They create procedures that intersect with employment decisions, administrative law review, and public sector staffing arrangements, while remaining a discrete set of subordinate rules for Board elections and registration.

The instrument as printed incorporates amendments up to 1 December 2024. The source includes a table of amendments and endnotes recording at least one consolidated amending statutory rule.

Key amendments recorded

Fire Rescue Victoria (Firefighters Registration Board) Amendment Regulations 2024, S.R. No. 131/2024. This amending rule was made on 26 November 2024 and commenced on 1 December 2024 (endnotes, Table of Amendments). The 2024 amendments inserted or modified multiple provisions, specifically noted in the body of the consolidated Regulations as follows:
- Reg 43(2A) inserted, allowing the Board to extend its decision period from 28 to 45 days where additional information is required or certain actions are needed (reg 43(2A); Table of Amendments).
- Reg 47(2A) inserted, providing an analogous extension for renewal decisions (reg 47(2A)).
- Reg 48(1) amended (reg 48 heading notes indicate amendment by S.R. No. 131/2024 reg 7).
- Reg 51 revoked by S.R. No. 131/2024 reg 8 (the text notes revocation).
- Reg 54 amended by S.R. No. 131/2024 reg 9 (endnote and reg 54 annotation).

Nature of the changes

The 2024 amendments appear to provide procedural flexibility on decision timeframes for the Board (extensions to 45 days in specified circumstances) and make technical adjustments to revocation and notification provisions. The consolidated text reflects these insertions and revocations.

Commencement and sunset

Original making date: 20 September 2022; original commencement: 1 December 2022 (endnotes). The Regulations are subject to the Subordinate Legislation Act 1994 sunset provision, expiring 10 years from making (20 September 2032) unless remade or otherwise extended (endnotes).

Publication and consolidation

The consolidated version in the source is Version No. 002 incorporating amendments as at 1 December 2024. The Table of Provisions and endnotes list the S.R. No. 131/2024 amendments so a reader can identify the specific amending instrument and its date.

Implications for users

Practitioners must rely on the consolidated text as amended through S.R. No. 131/2024. The inserted 45-day extensions for decisions affect applicants’ expectations about decision timing and statutory deadlines for review (noting reg 52 time limits start on receipt of notice). The amendment that revoked reg 51 removes whatever prior procedural element reg 51 contained; the consolidated text reflects the current procedural architecture.

Limits of the amendment record

The Endnotes state "3 Explanatory details: No entries at date of publication", indicating no explanatory memorandum entries are included in the consolidated hardcopy beyond the table of amendments. The source identifies the amending instrument and dates; it does not contain legislative history beyond that.

When advising clients or relying on the instrument, confirm currency against the State legislation website, and check S.R. No. 131/2024 for the precise amendment text and the Government Gazette notices that published the amendments, since the consolidated instrument references those amending reg numbers.

The provided material contains no case law, tribunal decisions, or litigation history concerning the Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022. The Endnotes and Explanatory Details record amendments and administrative information only; they include no judicial or VCAT determinations.

Implications for research and advice

There is no litigation text, reported decisions or precedent contained within the instrument as provided. Practitioners seeking to understand how the Regulations have been interpreted in contentious contexts will need to search VCAT and court databases for decisions related to:
- Board decisions refusing inclusion or renewals under regs 43 or 47, or revocation decisions under regs 49-50; those decisions are specifically reviewable by VCAT (reg 52).
- Electoral disputes under Division 2 (nominations, counting, acceptance/rejection of ballots, eligibility of nominators or scrutineers), which could give rise to administrative law applications or declarations.
- Any disputes about the adequacy of publication obligations (reg 13, reg 26, reg 41(2)) or failure by the Fire Rescue Commissioner to provide an accurate electoral roll (reg 16(1)-(2)).

Practical note on absence of litigation in source

The absence of litigation history in the statutory text is neutral: the scheme is recent (made 2022 and amended 2024) and statutory instruments commonly lack embedded case law. Users should not infer absence of disputes from the absence of reported cases in the Regulations; active review of VCAT decisions, tribunal lists and industrial decisions is necessary where disputes over registration or electoral conduct are anticipated.

How to monitor for litigation

Regularly check VCAT published decisions, the Victorian Courts and Tribunal database, and legal reporting services for challenges under reg 52. Also monitor Government Gazette notices for election notices (reg 13) and published results (reg 26) which could signal election disputes.

If a party's interests are affected by a Board decision, reg 52 provides a 28-day window for VCAT review, so keep strict diaries and preserve administrative steps (responses to show-cause notices, evidence of competency) in case review is sought.

The Regulations contain numerous procedural details where small errors or administrative omissions will have substantive consequences. Below are concrete “gotchas” drawn from the text, with citations.

Nomination and candidacy

Two current firefighters must sign each nomination. A nomination is not valid unless signed by the candidate and two current firefighters as nominators (reg 14(1)-(2), Schedule 1 Form 1). Failure to secure two valid nominators will defeat candidacy.
Close of nominations is precisely defined as 12 noon on the nomination day (definition) and the nomination day must be at least 14 days after the election notice publication (reg 13(4)). Late nominations can be excluded.

Personal statements and content limits

Personal statements are strictly limited to 150 words and must not refer to another candidate without that candidate’s written consent (reg 28(2)(a)-(b)). Providing false or misleading information in a personal statement is prohibited (reg 28(3)). The election manager may impose formatting requirements (reg 28(2)(d)).

Electoral roll and omissions

The Fire Rescue Commissioner must provide the electoral roll to the election manager no later than 7 days after the nomination day (reg 16(1)). If the Commissioner notifies of an omission after that time, the election manager must send ballot material to the omitted person, but if there are fewer than 21 days before the last day of voting the materials are to be sent “as soon as practicable” (reg 16(4)). Omitted voters could be disadvantaged if notice comes late.

Postal voting and timing

The last day of voting must be at least 6 weeks after the election notice (reg 11(2)), and ballot material must be posted at least 21 days before the last day of voting (reg 16(3)). If postal delays occur, the election manager may alter the last day of voting only in defined “special circumstances” (reg 12(1)-(2)). Parties relying on postal delivery should note these minimum notice and posting timings.
Return envelopes not received by the close of voting are disregarded (reg 23(3)). The close of voting is defined as 5 p.m. on the last day of voting (definitions). Late-arriving postal votes will be invalidated.

Ballot authentication and duplicates

A voter must sign and date the declaration envelope; unsigned declaration envelopes and the ballot-papers they contain will be disallowed though undated but signed envelopes may be accepted (reg 23(1)(b)-(c)). If a voter returns multiple declaration envelopes, the election manager accepts the envelope that appears to be signed first or received first, and disregards others without opening them (reg 23(4)). This can create risk where a voter unintentionally returns duplicates.

Replacement ballots and declarations

Replacement ballot-papers are only issued when the voter declares they have not received a ballot or that the ballot was lost, spoilt or destroyed and that they have not already voted (reg 19). The declaration is a gatekeeping step that could be challenged.

Counting and ties

Preferential counting is required; ties or equal numbers at crucial stages are resolved by lot (reg 31(2), (4)). The random determination by lot can be decisive where votes are close.

Retention and destruction of ballots

All forms and ballot material must be destroyed 60 days after notice of result is published (reg 27). That limits any post-election audit opportunities beyond the 60-day window.

Board decision timelines and extensions

The Board must make decisions on applications and renewals within 28 days (regs 43(2), 47(2)), but the 2024 amendments permit extending to 45 days where additional information or actions are required (regs 43(2A), 47(2A)). Applicants should note the extension grounds and plan submissions accordingly.
If a renewal decision is not made before expiry, registration continues in effect until the Board decides or gives notice of refusal (reg 47(6)). That has practical implications for continuity of secondment.

Mandatory revocation and employment links

A registered person’s registration must be revoked on written notice from the Fire Rescue Commissioner that the person has been dismissed, resigned or retired (reg 48(1)). Employers’ internal decisions therefore have immediate administrative impact on registration.

Notification obligations and publication

The Regulations require certain public notices to be published in the Government Gazette (reg 13(1), 26(2), 29(1), 30(2)). Failure to publish could affect the validity or public record of the process; check Government Gazette entries as the definitive record.

Eligibility of scrutineers and limits on attendance

Scrutineers cannot be Board members, candidates, or candidates in other concurrent Board elections (reg 22(4)). Only one scrutineer per candidate may be present at an electoral activity at a time (reg 22(5)). The election manager can remove scrutineers for interference (reg 22(6)).

Board publication obligations

The Board must publish approved competency and qualification requirements on its website (reg 41(2)). Applicants who do not check the Board’s website risk submitting insufficient evidence under reg 42(2)(c).

VCAT time limits

VCAT applications must be brought within 28 days after receipt or publication of the decision or reasons (reg 52(2)). That is a strict timeline for judicial review of adverse decisions.

These procedural specifics can produce tactical disadvantages if parties neglect them. Practitioners should diarise statutory dates, verify Government Gazette notices and the Board’s online published materials, and ensure nomination and ballot procedures follow the prescribed forms (Schedule 1).

Below are step-by-step compliance checklists tailored to principal actors: candidates/electors, applicants for registration or renewal, the election manager and the Board, and Fire Rescue Victoria/Fire Rescue Commissioner.

For candidates (former senior firefighter or academic positions)

Secure two nominators who are current firefighters, complete the Form 1 nomination (Schedule 1) and deliver it to the election manager by 12 noon on the nomination day (reg 14(1)-(3); definition of close of nominations; Schedule 1).
If providing a personal statement, ensure it is no longer than 150 words, does not refer to another candidate without written consent, complies with any formatting instructions from the election manager and is provided before the close of nominations (reg 28(1)-(2)).
Be prepared to attend the draw for ballot order if more than one candidate (reg 15(1)-(2)).
Observe scrutineer rules: appoint scrutineers using Form 3, ensure scrutineers are not disqualified (not Board members or candidates), and limit the number of scrutineers present (reg 22).

For voters (current firefighters)

Expect ballot material posted at least 21 days before the last day of voting; mark preferences correctly per reg 17, insert ballot in the declaration envelope, sign and date that envelope and return the prepaid envelope to reach the election manager by the close of voting (reg 16(3), reg 17-18).
If a ballot is lost/spoilt, request a replacement by declaring you have not (a) received a ballot or (b) already voted (reg 19).

For applicants seeking inclusion on the Firefighters Register

Check the Board’s published competency and qualification requirements on the Board’s website before applying (reg 41(2)).
Prepare an application in the form approved by the Board that includes contact details, statements and supporting evidence showing you meet the competency requirements and any other information the Board requires (reg 42(2)(a)-(d)).
Submit the application and expect a decision within 28 days; be prepared to respond promptly if the Board seeks additional information or issues a notice of intention to refuse (regs 43(2)-(3), 43(2A)).
If applying for renewal, submit at least one month before expiry and include evidence that you continue to satisfy competency requirements (reg 46(2)(d) and reg 46(2)(c)).

For the election manager

Confirm appointment by the Minister (reg 8). Provide written appointments to deputies and election officials when assigned (reg 9(2)).
Determine and publish the last day of voting in accordance with reg 11 (must be a working day and at least 6 weeks after election notice); if special circumstances require a change, publish a Government Gazette notice under reg 12.
Work with the Fire Rescue Commissioner to obtain the electoral roll within 7 days of nomination day (reg 16(1)) and act on any roll corrections notified (reg 16(2)).
Prepare and dispatch ballot material at least 21 days before the last day of voting (reg 16(3)). Ensure ballot-papers are on marked security paper and include declaration and return envelopes per reg 16(3)(a)-(c).
Keep strict records of receipt, separation and sealing of declared envelopes, follow processing rules (reg 23), run the counting per regs 24-31 and notify candidates within 7 days of count completion (reg 26(1)).
Destroy ballot material 60 days after publication of results (reg 27).

For the Board

Publish approved competency and qualification requirements on the Board’s internet site (reg 41(2)) and maintain the Firefighters Register with required fields and a separate part for revoked registrations (reg 53(2)-(3)).
Convene meetings at least three times per year, give no less than 10 business days written notice (reg 33(2)-(3)), maintain minutes (reg 36), declare conflicts (reg 37) and ensure quorum and voting rules are followed (regs 34-35).
Make registration and renewal decisions within statutory deadlines, issue written notices and provide reasons where refusing, allow a reasonable opportunity to respond (regs 43(2)-(3), 47(2)-(4), 49).
If notified by the Fire Rescue Commissioner of dismissal/resignation/retirement, revoke registration as required and give written notice of revocation to the person (regs 48(1)-(2), 54).

For Fire Rescue Victoria and the Fire Rescue Commissioner

Provide the electoral roll to the election manager within 7 days of nomination day and promptly notify of errors or omissions (reg 16(1)-(2)).
Notify the Board as soon as practicable when a registered person is dismissed, resigns or retires (reg 54); understand this triggers mandatory revocation (reg 48(1)).

Record-keeping and audit readiness

Keep copies of all nominations, personal statements, applications and correspondence. Ballot material is destroyed after 60 days (reg 27), so preserve contemporaneous records and logs of receipt and dispatch for audit during that period.
Where a decision to refuse or revoke is contemplated, follow the prescribed show-cause process (reg 49) and record the date and content of notices and responses to secure the administrative record in case of VCAT review (reg 52).

Timelines and diaries

Diary these statutory timing points: election notice publication, nomination day (≥14 days after notice), electoral roll delivery (≤7 days after nomination day), dispatch of ballot material (≥21 days before last day of voting), last day of voting (≥6 weeks after notice), Board decision clocks (28 days, possibly extended to 45), renewal application (≥1 month before expiry), and VCAT review windows (28 days from notice) (regs 11, 13, 16, 17, 23, 43, 47, 52).

Following these concrete steps aligned to the cited regulations will materially reduce procedural risk and preserve substantive rights under the Registration Board scheme.

Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022

Plain English Summary

Deep Dive

What it does

Current sections

Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022

Source text: opening excerpt

1 Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply