Part 5SUSPENSION AND TERMINATION OF MEMBERSHIP

PART 5—SUSPENSION AND TERMINATION OF MEMBERSHIP OF A BUSHFIRE BRIGADE 5.1 Suspension of membership (1) Membership of the bush fire brigade may be suspended at any time if, in the opinion of the Executive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer, circumstances warrant suspending the member. (2) Without limiting the generality of subclause (1), a member of a bush fire brigade may be suspended in the event the member— (a) contravenes the Act, the Regulations, the brigade operating procedures, this local law or the local government's bush fire brigade policies; (b) has performed an unsafe act that jeopardises the safety of the member or others; (c) has been charged with a criminal offence relevant to the member's role within the brigade and is awaiting court proceedings; (d) is unfit (physically, emotionally and/or mentally), or unable to perform the inherent requirements that could reasonably be expected of the role; or (e) has acted in a manner contrary to the local government's code of conduct policy. (3) The suspended member may be excluded immediately from all or any specified bush fire brigade activities. (4) The period of suspension shall be determined by the Executive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer, and a review of the suspension shall take place within three months of the date of suspension. (5) Upon the expiry of the period of suspension the Executive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer may— (a) extend the period of suspension; (b) terminate the membership; or (c) reinstate the membership. 5.2 Termination of membership (1) Membership of the brigade terminates if the member— (a) dies; (b) gives written notice of resignation to the Executive Committee; (c) is dismissed by the Executive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer, by reason of— (i) failing to comply with the objectives of the bush fire brigade under clause 3.1 of this local law; (ii) failing to comply with the Act, the Regulations, the bush fire operating procedures, the local law or relevant local government policies; (iii) displaying conduct detrimental to the interests and reputation of the bush fire brigade; (iv) being convicted of a criminal offence that in the opinion of the Chief Bush Fire Control Officer would ordinarily exclude the member from joining a brigade; or (v) has acted in a manner contrary to the local government's code of conduct policies. (2) A brigade member who has had their membership to a brigade terminated for any of the reasons contained in 5.2(1)(c) is ineligible to join another bush fire brigade within the local government district for 12 months or longer as determined by the Executive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer. (3) A brigade member who, in the opinion of the Executive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer, has not adequately fulfilled his or her role within the bush fire brigade, and has not responded to any written correspondence requesting that he or she state their intentions, within 21 days, shall be deemed to have resigned from the bush fire brigade. (4) Where the local government reasonably considers that a member of a bush fire brigade has behaved in a manner that may lead to termination, the local government may give notice to the Executive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer requesting the Executive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer to investigate the matter. (5) Where a membership is terminated, all property owned by the bush fire brigade or the local government that is held by or in the possession of the person whose membership has been terminated, shall be returned on demand to the bush fire brigade or the local government. 5.3 Member has right of defence A bush fire brigade member dismissed under clause 5.2(1)(c) or has his or her membership terminated under clause 5.1(5)(b), will be afforded the principle of natural justice through the right of reply to the Executive Committee or the Chief Bush Fire Control Officer or the Chief Executive Officer. 5.4 Existing liabilities to continue The resignation, or dismissal of a member under clause 5.2 or the suspension or termination of a member under clause 5.1 does not affect any liability of the bush fire brigade member arising prior to the date of resignation, dismissal, suspension or termination as the case may be.