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
Section 1 - Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022 - Fire Rescue Victoria (Firefighters Registration Board) Regulations 2022 | Zoe
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
(c) has knowledge or experience related to volunteer management.
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;
(c) the name of 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
(c) must not contain—
(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;
(c) a prepaid return envelope bearing the election manager's address;
(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
(c) place the declaration envelope in the prepaid return envelope.
(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;
(c) the counting and recounting of votes.
(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
(c) a candidate in any other election for appointment as a Board member being held at the same time.
(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
(c) open the signed declaration envelopes, withdraw the ballot-papers and deposit them in the ballot-box; 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
(c) must be provided to the election manager before the close of nominations; 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
(c) if the distribution results in a candidate receiving an absolute majority of votes, that candidate is elected; 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
(c) vote on the matter at a meeting of the Board.
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
(c) the person—
(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
(c) taken any response by the applicant into account.
(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
(c) of the date on which the person's registration is due to expire.
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
(c) taken any response by the applicant into account.
(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;
(c) a decision to revoke 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;
(c) the date on which the person's registration expires.
(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
(c) a candidate in any other election for appointment as a Board member being held at the same time.
Delete if not applicable
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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.