Victoria State Emergency Service Act 2005

Version No. 025

Victoria State Emergency Service Act 2005

No. 51 of 2005

Version incorporating amendments as at
1 July 2021

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 2

Part 2—Victoria State Emergency Service Authority 8

4 Victoria State Emergency Service Authority 8

4A Objective 8

4B Emergency Management Victoria 9

4C Compliance with operational standards of Emergency Management Commissioner 9

4D Report on compliance with operational standards developed by the Emergency Management Commissioner 9

4E Strategic Action Plan 9

4F Compliance with incident management operating procedures 10

5 Functions 10

6 Duties of the Authority 11

6A Duty to assist in major emergency 12

7 General powers of Authority 13

8 Accountability of Authority 14

9 Board of Directors 14

10 Appointment of Directors 14

11 Term of appointment 15

12 Remuneration and allowances 15

13 Application of Public Administration Act 2004 15

14 Vacancies 16

15 Acting Directors 16

16 Membership of Board not office or place of profit 17

17 Decisions not affected by certain matters 17

18 Immunity of Directors 17

19 Meetings of the Board 18

20 Participation in meetings by telephone or other means 19

21 Resolutions without meetings 19

22 Conflicts of interest 20

23 Power of delegation 21

24 Chief Executive Officer 21

25 Acting Chief Executive Officer 22

26 Delegation of powers of Chief Executive Officer 22

27 Delegation 23

Part 3—Victoria State Emergency Service 24

28 Victoria State Emergency Service 24

29 Chief Officer, Operations 24

30 Staff 25

31 Delegation 25

32 Powers and duties of Chief Officer, Operations 26

32AA Application of sections 32AB and 32AC 26

32AB Power of entry 27

32AC Power to construct, remove or alter levee and remove debris 27

32A Standing Orders 28

33 Register 29

34 Registered units 29

35 Controllers of registered units 30

36 Probationary members 30

37 Registered members 31

38 Examination or medical evidence 31

39 Discharge by registered unit of function under state emergency management plan 32

40 Traffic management power 32

41 Power of Authority to authorise registered units to perform functions outside Victoria 34

42 Immunity of Service members 34

43 Insurance policies 35

44 Offence of wilful damage or interference with property 36

45 Offence to obstruct, hinder or interfere 36

46 Offences relating to impersonation 36

Part 4—Compensation 38

46A Definition 38

47 Compensation for injury during emergency service 38

48 Compensation otherwise payable 42

49 Compensation for loss of or damage to property during emergency service 42

50 Jurisdiction 43

51 Victorian WorkCover Authority to represent Crown 44

52 Payments 44

53 Entitlement where damages otherwise payable 45

54 Fraudulent claims 47

Part 5—Miscellaneous 48

55 Regulations 48

56 Repeal 50

57 Transitional provisions 50

58 Change of title 52

59 Transitional provision—Emergency Management Legislation Amendment Act 2018 52

Part 6—Fawkner Crematorium and Memorial Park land 53

60 Revocation of reservation 53

61 Consequences of revocation 53

62 Temporary reservation for cemetery purposes 54

Schedule 1—Land in respect of which reservation is revoked 55

Endnotes 56

1 General information 56

2 Table of Amendments 58

3 Amendments Not in Operation 60

4 Explanatory details 61

Version No. 025

Victoria State Emergency Service Act 2005

No. 51 of 2005

Version incorporating amendments as at
1 July 2021

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purpose

The purpose of this Act is to—

(a) establish the Victoria State Emergency Service Authority to manage the Victoria State Emergency Service;

(b) re-enact the Victoria State Emergency Service Act 1987 with amendments to improve the operation and effectiveness of the Victoria State Emergency Service;

(c) amend the Country Fire Authority Act 1958 and the Metropolitan Fire Brigades Act 1958 to improve the transparency and equity of funding arrangements;

(d) repeal the Victoria State Emergency Service Act 1987 and make consequential amendments to certain other Acts.

2 Commencement

(1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 July 2006, it comes into operation on that day.

3 Definitions

In this Act—

agency means a government agency or a non‑government agency;

S. 3 def. of applicable work program inserted by No. 73/2013 s. 91(d).

applicable work program means a work program (within the meaning of the Emergency Management Act 2013) that applies to the Authority;

Authority means the Victoria State Emergency Service Authority established under section 4;

Board means the Board of the Authority constituted under section 9;

Chief Executive Officer means the Chief Executive Officer appointed under section 24 and the Acting Chief Executive Officer while acting as the Acting Chief Executive Officer;

S. 3 def. of Chief Officer, Operations inserted by No. 56/2011 s. 20(a).

Chief Officer, Operations means the Chief Officer, Operations appointed under section 29;

civil defence means the performance of humanitarian tasks intended to protect the civil population of Victoria against the dangers of, and to help it recover from, the immediate effects of a war-like act;

controller, in relation to a registered unit, means the chief officer, however designated, of the registered unit;

Director means a Director of the Board under section 9 and an acting Director while acting as a Director;

S. 3 def. of Director of Operations repealed by No. 56/2011 s. 20(b).

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S. 3 def. of DISPLAN repealed by No. 56/2011 s. 20(b).

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S. 3 def. of emergency amended by No. 73/2013 s. 91(a).

emergency has the same meaning as in the Emergency Management Act 2013;

S. 3 def. of emergency management amended by No. 36/2018 s. 21(a).

emergency management has the same meaning as in section 3 of the Emergency Management Act 2013;

S. 3 def. of Emergency Management Commis-sioner inserted by No. 73/2013 s. 91(d).

Emergency Management Commissioner has the same meaning as it has in section 3 of the Emergency Management Act 2013;

S. 3 def. of emergency operations amended by Nos 56/2011 s. 20(c), 36/2018 s. 40(1)(a).

emergency operations means the preparation for and conduct of response roles under the state emergency management plan;

Government agency means—

(a) any body corporate or unincorporate constituted by or under any Act for a public purpose; and

(b) any member or officer or employee of a body referred to in paragraph (a); and

(c) any person in the service of the Crown in the right of the State of Victoria upon whom any function, power, duty or responsibility is conferred by or under any Act;

S. 3 def. of incident management operating procedures inserted by No. 73/2013 s. 91(d).

incident management operating procedures has the same meaning as it has in section 3 of the Emergency Management Act 2013;

S. 3 def. of Inspector-General for Emergency Management inserted by No. 73/2013 s. 91(d).

Inspector-General for Emergency Management has the same meaning as it has in section 3 of the Emergency Management Act 2013;

S. 3 def. of levee inserted by No. 43/2015 s. 26(2).

levee means a mound or bank (whether or not on a waterway), the purpose of which is to obstruct or deflect the flow of water over the surface of land;

non-government agency means a voluntary organisation or any other person or body other than a government agency;

S. 3 def. of prevention repealed by No. 36/2018 s. 21(b).

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S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 176.1).

police officer has the same meaning as in the Victoria Police Act 2013;

probationary member means a volunteer registered as a probationary member under section 36;

recovery, in relation to an emergency, has the same meaning as in section 4A of the Emergency Management Act 1986;

register means the register kept under section 33;

registered member means a person registered as a member of the Service under section 37;

registered unit means a group of persons registered as a unit under section 34;

response, in relation to an emergency, has the same meaning as in section 4A of the Emergency Management Act 1986;

Service means the Victoria State Emergency Service;

Service member means a person referred to in section 28(2);

S. 3 def. of State Crisis and Resilience Council inserted by No. 73/2013 s. 91(d).

State Crisis and Resilience Council has the same meaning as it has in section 3 of the Emergency Management Act 2013;

S. 3 def. of state emergency management plan inserted by No. 36/2018 s. 40(1)(b).

state emergency management plan has the same meaning as in section 3 of the Emergency Management Act 2013;

S. 3 def. of State emergency recovery plan amended by No. 73/2013 s. 91(b), repealed by No. 36/2018 s. 40(1)(c).

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S. 3 def. of state emergency response plan inserted by No. 56/2011 s. 20(d), amended by No. 73/2013 s. 91(c), repealed by No. 36/2018 s. 40(1)(d).

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S. 3 def. of State Response Controller inserted by No. 43/2015 s. 26(1).

State Response Controller has the same meaning as in section 3 of the Emergency Management Act 2013;

S. 3 def. of Strategic Action Plan inserted by No. 73/2013 s. 91(d).

Strategic Action Plan has the same meaning as it has in section 3 of the Emergency Management Act 2013;

Victorian waters means any inland or coastal waters open to or used by the public;

S. 3 def. of Victorian WorkCover Authority amended by No. 67/2013 s. 649(Sch. 9 item 35(1)).

Victorian WorkCover Authority means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013;

volunteer emergency worker has the same meaning as in section 4(1) of the Emergency Management Act 1986.

Part 2—Victoria State Emergency Service Authority

4 Victoria State Emergency Service Authority

(1) There is established a body corporate called the Victoria State Emergency Service Authority.

(2) The Authority—

(a) has perpetual succession;

(b) has an official seal;

(c) may sue and be sued in its corporate name;

(d) is capable of taking, purchasing, leasing, holding, selling, exchanging and disposing of real and personal property for the purposes of this Act;

(e) may do and suffer all acts and things which a body corporate may by law do and suffer and which are necessary or convenient for the purposes of this Act.

(3) The official seal of the Authority must be kept in such custody as the Authority directs and must not be used except as authorised by the Board.

S. 4A inserted by No. 73/2013 s. 92.

4A Objective

The objective of the Authority in performing its functions and exercising its powers under this Act is to—

(a) contribute to a whole of sector approach to emergency management;

(b) promote a culture within the emergency management sector of community focus, interoperability and public value.

S. 4B inserted by No. 73/2013 s. 92.

4B Emergency Management Victoria

The Authority must, in performing its functions and exercising its powers, collaborate and consult with Emergency Management Victoria.

S. 4C inserted by No. 73/2013 s. 92.

4C Compliance with operational standards of Emergency Management Commissioner

The Authority must use its best endeavours to carry out its functions in accordance with the operational standards developed by the Emergency Management Commissioner under the Emergency Management Act 2013.

S. 4D inserted by No. 73/2013 s. 92.

4D Report on compliance with operational standards developed by the Emergency Management Commissioner

(1) The Authority must, at the expiration of each period of 6 months, report in writing on the action it has taken during the preceding 6 months to comply with the operational standards developed by the Emergency Management Commissioner under the Emergency Management Act 2013.

(2) A copy of the report prepared by the Authority under subsection (1) must be given to the Emergency Management Commissioner.

S. 4E inserted by No. 73/2013 s. 92.

4E Strategic Action Plan

(1) The Authority must implement the applicable work program to give effect to the Strategic Action Plan.

(2) The Authority must prepare a written report on the progress made, and achievements attained, by the Authority to give effect to the Strategic Action Plan at intervals determined by the State Crisis and Resilience Council.

(3) The intervals must not be less than one a year.

(4) The Authority must give a copy of a report prepared by the Authority under subsection (2) to the State Crisis and Resilience Council and the Inspector-General for Emergency Management.

S. 4F inserted by No. 73/2013 s. 92.

4F Compliance with incident management operating procedures

The Authority must comply with any incident management operating procedures.

5 Functions

(1) The functions of the Authority are—

S. 5(1)(a) repealed by No. 36/2018 s. 83(1).

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(b) emergency response including—

(i) responding to floods, earthquakes and storms and their effects;

(ii) providing rescue services;

(c) emergency support including—

S. 5(1)(c)(i) amended by No. 73/2013 s. 93(a).

(i) assisting other agencies and organisations in relation to the performance and exercise of their duties and responsibilities under the Emergency Management Act 2013;

S. 5(1)(c)(ii) amended by No. 73/2013 s. 93(a).

(ii) acting in accordance with emergency management arrangements under the Emergency Management Act 2013;

(iii) assisting search and rescue for persons lost on land or in Victorian waters;

(d) other authorised emergency activities including—

(i) co-ordinating and engaging in other emergency activities for the purposes of this Act;

(ii) participating in civil defence activities;

(iii) engaging in any other emergency activities for the purpose of carrying out any other functions conferred on the Authority by or under any other Act.

(2) The functions of the Authority do not include engaging in or preparing for armed combat.

(3) The Authority may enter into an agreement with any person to provide other property protection or loss mitigation services for the prevention of, or to deal with the effects of, any emergency or hazard.

S. 5(4)(5) repealed by No. 73/2013 s. 93(b).

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6 Duties of the Authority

(1) The Authority must administer and direct the Service in the performance of its functions.

(2) The Authority—

(a) may provide advice to the Minister generally in relation to the administration of this Act and the Service;

(b) must, if so required by the Minister, provide advice to the Minister in relation to matters specifically referred to the Authority by the Minister.

(3) Without limiting the generality of subsection (1), the Authority may—

S. 6(3)(a) repealed by No. 36/2018 s. 83(1).

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(b) provide advice and assistance to, and promote awareness and understanding among, government and non-government agencies in relation to emergency management;

(c) facilitate and participate in exercises to support emergency management arrangements.

S. 6A inserted by No. 5/2012 s. 99.

6A Duty to assist in major emergency

(1) In addition to any other of its duties and functions under this Act, the Authority must assist in the response to any major emergency occurring within Victoria.

(2) In this section—

S. 6A(2) def. of emergency agency amended by No. 20/2019 s. 191.

emergency agency means—

(a) the Authority;

(b) the Country Fire Authority established under the Country Fire Authority Act 1958;

(c) Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;

(d) the Secretary to the Department of Sustainability and Environment when performing functions or duties or exercising powers under section 62(2) of the Forests Act 1958;

S. 6A(2) def. of major emergency amended by No. 73/2013 s. 93(c).

major emergency means—

(a) a large or complex emergency (however caused) which—

(i) has the potential to cause or is causing loss of life and extensive damage to property, infrastructure or the environment; or

(ii) has the potential to have or is having significant adverse consequences for the Victorian community or a part of the Victorian community; or

(iii) requires the involvement of 2 or more emergency agencies to respond to the emergency; or

(b) a major fire within the meaning of the Emergency Management Act 2013.

7 General powers of Authority

(1) Subject to this Act, the Authority has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions and duties.

(2) Without limiting or derogating from the generality of the powers of the Authority under this Act, the powers of the Authority include the power to—

(a) enter into agreements or arrangements with any person or body for the provision of goods or services to the Authority;

S. 7(2)(ab) inserted by No. 5/2012 s. 100.

(ab) carry out fund raising and promotional activities;

(b) do all things necessary or convenient to give effect to any agreements or arrangements entered into by the Authority including power to appoint any person or body as the Authority's agent for that purpose.

8 Accountability of Authority

(1) The Authority is subject to the general direction and control of the Minister in the performance of its functions and the exercise of its powers.

(2) The Minister may give written directions to the Authority.

(3) The Minister may require the Authority to provide to the Minister—

(a) financial information specified by the Minister;

(b) a corporate plan;

(c) a report on matters specified by the Minister.

(4) The Minister may specify the manner and form and the period within which information required under subsection (3) is to be provided.

9 Board of Directors

(1) There is to be a Board of Directors of the Authority consisting of up to 7 Directors appointed by the Governor in Council.

(2) The Board—

(a) is responsible for the management of the affairs of the Authority;

(b) may exercise the powers of the Authority.

10 Appointment of Directors

(1) Directors are to be appointed having regard to their—

(a) knowledge of, or experience in, commercial, technical, operational or financial matters;

(b) understanding of volunteer issues;

(c) expertise in any other field relevant to the performance of the functions of the Authority.

(2) The Governor in Council must appoint—

(a) one of the Directors to be the Chairperson of the Board; and

(b) another of the Directors to be the Deputy Chairperson of the Board.

11 Term of appointment

(1) Subject to this Act, a Director holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment.

(2) A Director is eligible for reappointment.

(3) The instrument of appointment may specify terms and conditions of appointment not inconsistent with this Act or the regulations.

(4) A Director may be removed from office by the Governor in Council.

12 Remuneration and allowances

(1) A Director (other than an employee of the public service) is entitled to receive—

(a) remuneration; and

(b) travelling or other allowances—

as are fixed by the Governor in Council.

(2) If a Director is a member of the Legislative Council or the Legislative Assembly, the Director is not entitled to the payment of any remuneration or allowances under this Act.

S. 13 substituted by No. 80/2006 s. 26(Sch. item 108).

13 Application of Public Administration Act 2004

The Public Administration Act 2004 (other than Part 3 of that Act) applies to a Director in respect of the office of Director.

14 Vacancies

(1) A Director may resign from the Board by letter signed by the Director and delivered to the Minister.

(2) The office of a Director becomes vacant if the Director—

(a) without the approval of the Board, fails to attend 3 consecutive meetings of the Board; or

(b) becomes bankrupt; or

(c) is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 months or more or is elsewhere convicted of an offence which, if committed in Victoria, would be so punishable; or

(d) becomes permanently incapable of performing the duties of office.

15 Acting Directors

(1) If a Director is unable to perform the duties of his or her office, the Governor in Council may appoint a person to act in the place of the Director during the period of inability.

(2) An acting appointment is to be for any term and on any conditions determined by the Governor in Council.

(3) The Governor in Council may at any time terminate an acting appointment.

(4) An acting Director has all the powers and functions and may perform the duties of the Director for whom he or she is acting.

(5) An acting Director is entitled to receive any remuneration or travelling or other allowances fixed from time to time by the Governor in Council in respect of that acting Director.

16 Membership of Board not office or place of profit

A Director must not, in respect of the office of Director, be taken to hold an office or place of profit under the Crown which would—

(a) prevent the Director sitting or voting as a member of the Legislative Council or the Legislative Assembly;

(b) make void the Director's election to the Legislative Council or the Legislative Assembly;

(c) prevent the Director continuing to be a member of the Legislative Council or the Legislative Assembly;

(d) subject the Director to liability to a penalty under the Constitution Act 1975.

17 Decisions not affected by certain matters

An act or decision of the Board is not invalid only because—

(a) of a defect or irregularity in the appointment of a Director or acting Director; or

(b) of a vacancy in its membership; or

(c) the occasion for the appointment of an acting Director has ceased to exist.

18 Immunity of Directors

(1) A Director is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.

(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a Director attaches instead to the Authority.

19 Meetings of the Board

(1) Meetings of the Board must be held at the times and places determined by the Board.

(2) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson, must preside at a meeting of the Board at which he or she is present.

(3) If neither the Chairperson nor the Deputy Chairperson is present at a meeting, the Directors present may elect one of their number to preside at the meeting.

(4) A majority of the Directors in office at the time constitutes a quorum for meetings of the Board.

(5) The functions of the Board may be performed at a meeting at which there is a quorum.

(6) At a meeting, a decision of the Board is the decision of the majority of Directors present and voting at the meeting.

(7) If voting is equal at a meeting of the Board, the person presiding at the meeting has a casting vote as well as a deliberative vote.

(8) The Board must ensure that minutes are kept of each meeting.

(9) Subject to this Act, the Board may regulate its own proceedings.

20 Participation in meetings by telephone or other means

(1) The Board may permit Directors to participate in a particular meeting, or all meetings, by—

(a) telephone; or

(b) closed-circuit television; or

(c) any other means of communication.

(2) A Director who participates in a meeting under a permission under subsection (1) is deemed to be present at the meeting.

21 Resolutions without meetings

(1) If—

(a) the Board has taken reasonable steps to give notice to each Director setting out the terms of a proposed resolution; and

(b) a majority of the Directors sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the Directors referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those Directors signs the document.

(2) For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more Directors, are deemed to constitute one document.

(3) If a resolution is deemed by this section to have been passed at a meeting of the Board, each Director must as soon as practicable be advised of the matter and given a copy of the resolution.

(4) The Directors referred to in subsection (1)(b) must not include a member who, because of section 22, is not entitled to vote on the resolution.

22 Conflicts of interest

(1) Whenever the Board is to make a decision on a matter at a meeting, each Director present at the meeting must, before the matter is considered, declare any direct or indirect pecuniary interest that he or she has in the matter.

1. 5 penalty units.

(2) The Board or the Chairperson must cause the declaration to be tabled at that meeting or at the next meeting of the Board and the person presiding at that meeting must cause the declaration to be recorded in the minutes of the meeting.

(3) A Director who has a conflict of interest in a matter—

(a) must not be present during any deliberations on the matter, unless a full declaration of the interest has been made and the Board directs otherwise; and

(b) is not entitled to vote on the matter.

(4) A Director who has a conflict of interest in a matter must not be present during any deliberations leading to a direction, or take part in making a direction under subsection (3)(a).

(5) If a Director votes on a matter in contravention of subsection (3)(b), his or her vote must be disallowed.

(6) For the purposes of this section, a Director is not to be regarded as having a conflict of interest—

(a) in a matter relating to the supply of goods or services to the Director if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or

(b) in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the Director has a beneficial interest that does not exceed $2000 or 1% of the total nominal value of beneficial interests in the company or body, whichever is the lesser.

S. 23 amended by No. 56/2011 s. 21.

23 Power of delegation

The Authority may, by an instrument under its official seal, delegate to the Chairperson, a Director, a Service member or class of Service members or any person by name or to the holder of an office or position approved by the Authority any function, duty or power of the Authority under this Act or the regulations or under any other Act or regulations, other than this power of delegation.

24 Chief Executive Officer

(1) The Authority must, with the approval of the Minister, appoint a person as Chief Executive Officer of the Authority.

(2) The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.

(3) The Chief Executive Officer is responsible to the Board for the carrying out of the Authority's functions.

(4) The Chief Executive Officer must comply with the directions of the Board.

(5) A person appointed to be the Chief Executive Officer who was, immediately before that appointment, an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be an officer within the meaning of that Act while holding the office of Chief Executive Officer.

25 Acting Chief Executive Officer

(1) The Authority must appoint a person to be the Acting Chief Executive Officer of the Authority—

(a) while the office of Chief Executive Officer is vacant; or

(b) during any period when the Chief Executive Officer is unable, by reason of illness or absence, to perform the functions of that office.

(2) The Acting Chief Executive Officer has all the powers and functions and may perform the duties of the Chief Executive Officer while he or she is acting.

(3) A person appointed to be the Acting Chief Executive Officer who was, immediately before that appointment, an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be an officer within the meaning of that Act while holding the office of Acting Chief Executive Officer.

26 Delegation of powers of Chief Executive Officer

The Chief Executive Officer may, by instrument, delegate to any person by name or to the holder of an office or position approved by the Authority, any responsibility, power, authority, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation.

27 Delegation

The Minister may by instrument delegate to any person any power or function of the Minister under this Act other than this power of delegation.

Part 3—Victoria State Emergency Service

28 Victoria State Emergency Service

(1) The Victoria State Emergency Service established under section 4 of the Victoria State Emergency Service Act 1987 continues to exist under this Act.

(2) The Service consists of—

S. 28(2)(a) amended by No. 56/2011 s. 22.

(a) the Chief Officer, Operations;

(b) the persons employed or deemed to have been employed under section 30;

(c) registered members and probationary members.

S. 29 (Heading) amended by No. 56/2011 s. 22.

29 Chief Officer, Operations

S. 29(1) amended by No. 56/2011 s. 22.

(1) The Authority in consultation with the Chief Executive Officer must appoint a person as Chief Officer, Operations.

S. 29(2) amended by No. 56/2011 s. 22.

(2) The Chief Officer, Operations holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.

S. 29(3) amended by No. 56/2011 s. 22.

(3) The Chief Officer, Operations is responsible to the Chief Executive Officer in exercising or performing his or her powers or duties under this Act or the regulations or any other Act.

S. 29(4) amended by No. 56/2011 s. 22.

(4) A person appointed to be the Chief Officer, Operations who was, immediately before that appointment, an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be an officer within the meaning of that Act while holding the office of Chief Officer, Operations.

30 Staff

(1) The Authority may—

(a) employ any persons that it considers necessary to assist the Authority in carrying out its functions under this Act or any other Act; and

(b) transfer, promote, suspend or remove any employee.

(2) The appointment of a new employee is subject to a probation period of 3 months.

(3) A person employed under this section is to be employed on the same terms and conditions as would have applied if the person were a member of staff employed under the Public Administration Act 2004 in accordance with section 7 of the Victoria State Emergency Service Act 1987 as in force immediately before the commencement of section 56 until or unless any of those terms and conditions are varied by the Australian Industrial Relations Commission.

(4) A person who becomes an employee of the Authority under this section who was, immediately before that appointment, an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be an officer within the meaning of that Act while he or she is an employee of the Authority.

S. 31 amended by No. 56/2011 ss 22, 23.

31 Delegation

The Chief Officer, Operations may, by instrument, delegate to a Service member or class of Service members or any person by name or to the holder of an office or position approved by the Authority any power or duty of the Chief Officer, Operations under this Act or the regulations or any other Act, other than this power of delegation.

S. 32 (Heading) amended by No. 56/2011 s. 22.

S. 32 amended by No. 56/2011 s. 22.

32 Powers and duties of Chief Officer, Operations

The Chief Officer, Operations may—

(a) encourage and facilitate the formation of registered units of the Service;

(b) review the operation of existing registered units of the Service;

S. 32(c) amended by No. 56/2011 s. 24.

(c) direct the emergency operations activities of registered units, Service members and any persons who voluntarily place their services at the disposal of the Chief Officer, Operations, either individually or as members of any agency;

(d) organise and conduct exercises and training for registered units.

S. 32AA inserted by No. 43/2015 s. 27.

32AA Application of sections 32AB and 32AC

Sections 32AB and 32AC apply to the following persons—

(a) a Service member;

(b) a person who voluntarily places the person's services at the disposal of the Chief Officer, Operations and is directed by a Service member, either individually or as a member of any agency—

(i) in the case of section 32AB, to enter land or premises; or

(ii) in the case of section 32AC, to enter land or premises and—

(A) construct, remove or alter a levee on that land or at those premises; or

(B) remove debris from that land or those premises.

S. 32AB inserted by No. 43/2015 s. 27.

32AB Power of entry

(1) A person to whom this section applies may enter any land or premises—

(a) with the written or oral consent of the occupier of the land or premises; or

(b) without the consent of the occupier of the land or premises if a Service member reasonably believes that entry to the land or premises is urgently required to protect life or property in the course of—

(i) responding to, or preparing for, a flood, earthquake or storm; or

(ii) providing a rescue service.

(2) For the purposes of this section, if a Service member or a State Response Controller or a controller appointed or deployed under section 37 of the Emergency Management Act 2013 has entered any land or premises without consent, in accordance with this section, that person must notify in writing the occupier of the land or premises about the entry and any actions taken on the land or at the premises within 7 days after the entry.

Note

See section 37(7) of the Emergency Management Act 2013.

S. 32AC inserted by No. 43/2015 s. 27.

32AC Power to construct, remove or alter levee and remove debris

(1) A person to whom this section applies and who has entered land or premises in accordance with section 32AB—

(a) may construct, remove or alter a levee on that land or at those premises if a Service member reasonably believes that the construction, removal or alteration is required to protect life or property; and

(b) may remove from that land or those premises debris (including any fallen tree) if a Service member reasonably believes that the removal is required to protect life or property.

(2) Subject to subsection (3), the Authority must ensure that, as soon as practicable after the threat to life or property has passed (or at a time agreed to by the Authority and the occupier) and to the extent that is reasonable in the circumstances—

(a) any levee constructed under this section is removed; and

(b) any levee removed under this section is replaced; and

(c) any levee altered under this section is restored.

(3) The Authority is not required to comply with subsection (2) if the construction, removal or alteration of the levee or the removal of the debris is taken, under section 43, to be damage to property caused by the emergency which gave rise to the involvement of the Service within the meaning of any policy of insurance covering the property.

S. 32A inserted by No. 56/2011 s. 25.

32A Standing Orders

(1) The Authority may issue Standing Orders for or with respect to any operational or administrative matters.

(2) A Service member must comply with any Standing Orders issued under subsection (1).

33 Register

S. 33(1) amended by No. 56/2011 s. 22.

(1) For the purposes of this Act, the Chief Officer, Operations must establish and keep a register of members, probationary members and units.

S. 33(2) amended by No. 56/2011 s. 22.

(2) Subject to this Act and the regulations, the register must be kept in the form and manner determined by the Chief Officer, Operations.

34 Registered units[[1]](#endnote-1)

S. 34(1) amended by Nos 56/2011 s. 22, 5/2012 s. 101, substituted by No. 36/2018 s. 83(2).

(1) An application for the registration of a group of persons as a unit of the Service may be made to the Authority by a municipal council.

S. 34(2) amended by Nos 56/2011 s. 22, 5/2012 s. 101.

(2) The Authority may approve or refuse an application under subsection (1).

S. 34(3) amended by Nos 56/2011 ss 22, 26(2), 5/2012 s. 101.

(3) If it appears to the Authority that there is a need for the establishment of a registered unit, the Authority may establish the unit.

S. 34(4) amended by Nos 56/2011 ss 22, 26(3), 5/2012 s. 101.

(4) The Authority may—

(a) cancel the registration of a registered unit; or

(b) amalgamate a registered unit with another registered unit.

(5) If the registration of a registered unit is cancelled or a registered unit is amalgamated under subsection (4), all equipment in the inventory of that unit which has been donated, or purchased with funds donated, by members of the public—

(a) becomes the property of the Authority;

(b) may be disposed of by the Authority in any manner which the Authority considers appropriate.

35 Controllers of registered units

S. 35(1) amended by No. 56/2011 s. 22.

(1) The Chief Officer, Operations must appoint a controller for each registered unit on the terms and for the period determined by the Chief Officer, Operations.

S. 35(2) amended by No. 56/2011 s. 22.

(2) The Chief Officer, Operations may, with the approval of the Authority, remove the controller of a registered unit from office after consultation with the relevant municipal council.

(3) The controller of a registered unit must—

S. 35(3)(a) amended by No. 56/2011 s. 22.

(a) inform the Chief Officer, Operations as soon as practicable of any change to the particulars recorded in the Register in relation to the unit or its members; and

S. 35(3)(b) amended by No. 56/2011 s. 22.

(b) comply with any directions issued by the Chief Officer, Operations under section 32(c).

36 Probationary members

(1) A person may apply to the controller of a registered unit to become a probationary member of the Service.

S. 36(2) amended by No. 56/2011 s. 22.

(2) A controller of a registered unit must forward an application under this section to the Chief Officer, Operations as soon as practicable after receipt.

S. 36(3) amended by No. 56/2011 s. 22.

(3) The Chief Officer, Operations may approve or refuse an application for probationary membership.

S. 36(4) amended by No. 56/2011 s. 22.

(4) If the Chief Officer, Operations approves an application, the Chief Officer, Operations must register the applicant as a probationary member of the Service.

37 Registered members

S. 37(1) amended by No. 56/2011 s. 22.

(1) A probationary member may—

(a) three months after registration as a probationary member; and

S. 37(1)(b) amended by No. 56/2011 s. 22.

(b) after satisfying any condition as may be specified by the Chief Officer, Operations—

apply to the Chief Officer, Operations to become a registered member of the Service.

S. 37(2) amended by No. 56/2011 s. 22.

(2) The Chief Officer, Operations may approve or refuse an application for membership.

S. 37(3) amended by No. 56/2011 s. 22.

(3) If the Chief Officer, Operations approves an application under this section, the Chief Officer, Operations must register the applicant as a member of the Service.

38 Examination or medical evidence

S. 38(1) amended by No. 56/2011 s. 22.

(1) The Chief Officer, Operations may require a controller or a registered member or a probationary member—

(a) to undergo a practical or written examination; or

(b) to produce medical evidence—

to demonstrate the level of proficiency or fitness of the controller or member in the skills, standards or qualifications required of a registered member.

S. 38(2) amended by No. 56/2011 s. 22.

(2) If a controller or registered member or probationary member does not produce medical evidence required by the Chief Officer, Operations under subsection (1), the Chief Officer, Operations may—

(a) suspend the registration as a member or probationary member of that controller, registered member or probationary member until he or she produces medical evidence to demonstrate the level of fitness required of a registered member; or

(b) cancel the registration as a member or probationary member of that controller, registered member or probationary member.

S. 39 amended by No. 56/2011 ss 22, 27, substituted by No. 36/2018 s. 40(2).

39 Discharge by registered unit of function under state emergency management plan

A registered unit must not discharge a function under the state emergency management plan without the consent of the Chief Officer, Operations.

40 Traffic management power

(1) This section applies if a traffic emergency has occurred and at the time that authorised emergency workers respond—

S. 40(1)(a) amended by No. 37/2014 s. 10(Sch. item 176.2(a)(i)).

(a) no police officer is in attendance at the traffic emergency and the most senior of the authorised emergency workers is of the opinion that it is necessary to direct traffic in the area; or

S. 40(1)(b) amended by No. 37/2014 s. 10(Sch. item 176.2(a)(ii)).

(b) the most senior police officer in attendance at the traffic emergency is of the opinion that there are insufficient police officers in attendance to safely direct traffic and the assistance of authorised emergency workers is required to direct traffic in the area.

(2) If this section applies, an authorised emergency worker may, subject to subsection (6), give reasonable traffic directions to the driver of a vehicle within the immediate area of the traffic emergency.

(3) A person who fails without reasonable excuse to obey a direction given under subsection (2) is guilty of an offence.

1. 5 penalty units.

S. 40(4) amended by No. 37/2014 s. 10(Sch. item 176.2(b)).

(4) If subsection (1)(a) applies, the power conferred by subsection (2) must only be exercised until a police officer is in attendance at the traffic emergency.

S. 40(5) amended by No. 37/2014 s. 10(Sch. item 176.2(b)).

(5) If subsection (1)(b) applies, the power conferred by subsection (2) must only be exercised at the direction of any police officer in attendance at the traffic emergency.

(6) An authorised emergency worker can not give a direction under subsection (2) if it is inconsistent with any direction or instruction given by any person in the exercise of the powers conferred under the Road Management Act 2004 on a road authority within the meaning of that Act.

(7) In this section—

authorised emergency worker means a Service member who has undergone relevant training to enable that Service member to exercise powers under this section;

S. 40(7) def. of traffic emergency amended by No. 37/2014 s. 10(Sch. item 176.2(c)).

traffic emergency means an emergency involving—

(a) a transport accident; or

(b) a flood or storm damage which is causing a serious threat to the safety of road users; or

(c) if subsection (1)(b) applies, any other circumstances which in the opinion of the most senior police officer in attendance could cause a serious threat to the safety of road users.

41 Power of Authority to authorise registered units to perform functions outside Victoria

(1) If the Authority receives from any person or any body established by or under any Act or law of any other State or of a Territory of the Commonwealth for emergency response or support, a request for assistance in responding to an emergency in a place outside Victoria or in protecting life or property under threat in that emergency in that place, the Authority may authorise registered units of the Service to—

(a) attend at that place; and

(b) provide assistance in responding to that emergency or in protecting life or property under threat in that emergency in that place, subject to the direction and control of the person or body requesting the assistance and having authority in that place.

(2) For the purposes of this Act, any registered unit of the Service carrying out any function under the authority of this section is to be taken to be acting in the course of emergency service.

42 Immunity of Service members

(1) This section applies to a Service member or a volunteer emergency worker.

(2) A Service member or a volunteer emergency worker is not personally liable for any thing done or omitted to be done in good faith—

(a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.

(3) Any liability resulting from an act or omission that would but for subsection (2) attach to a Service member or a volunteer emergency worker attaches to the Authority.

S. 43 substituted by No. 43/2015 s. 28.

43 Insurance policies

(1) This section applies in relation to any damage caused during an emergency by—

(a) a Service member in the exercise of any power or the performance of any duty conferred or imposed by or under this Act; or

(b) a State Response Controller or a controller (appointed or deployed under the Emergency Management Act 2013) in the exercise of any power or authority under this Act; or

(c) a person who (as a result of the emergency) voluntarily placed the person's services at the disposal of the Chief Officer, Operations and was directed by a Service member, either individually or as a member of any agency—

(i) in the case of section 32AB, to enter land or premises; or

(ii) in the case of section 32AC, to enter land or premises and—

(A) construct, remove or alter a levee on that land or at those premises; or

(B) remove debris from that land or those premises.

Note

In relation to paragraph (b), see section 37(7) of the Emergency Management Act 2013.

(2) Damage to which this section applies is taken to be damage caused by the emergency which gave rise to the involvement of the Service or the State Response Controller or a controller within the meaning of any policy of insurance covering the property so damaged, despite any clause or condition to the contrary in the policy.

44 Offence of wilful damage or interference with property

A person must not wilfully damage or interfere with any apparatus or other property of the Authority or of a registered unit.

1. 10 penalty units.

   45 Offence to obstruct, hinder or interfere

A person must not, during an emergency, obstruct, hinder or in any way interfere with a Service member performing functions under this Act.

1. 10 penalty units.

   46 Offences relating to impersonation

A person must not—

(a) use any name, title or description to imply an association with the Service, without the authority of the Chief Executive Officer; or

(b) represent that the person is associated with the Service unless such an association exists; or

(c) impersonate an employee of the Service or a registered member; or

(d) use any insignia described or set out in the regulations in any manner contrary to the manner set out in the regulations without the written authority of the Chief Executive Officer.

1. 20 penalty units.

Part 4—Compensation

S. 46A inserted by No. 5/2021 s. 54.

46A Definition

In this Part—

provisional payments means payments provided for under—

(a) Division 10 of Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013; and

(b) Division 2BA of Part IV of the Accident Compensation Act 1985.

47 Compensation for injury during emergency service

(1) If a registered member or probationary member suffers personal injury arising out of or in the course of emergency service, compensation is to be paid in accordance with this Part.

(2) An injury is deemed to arise out of or in the course of a registered member's or probationary member's emergency service if the injury occurs while the member is—

(a) engaging in any authorised activity in or outside Victoria as a registered member or probationary member; or

(b) training or practising for any such activity; or

(c) travelling to or from any place where any such activity is to be or has been engaged in.

S. 47(2A) inserted by No. 5/2021 s. 55(1).

(2A) If a registered member or probationary member who is entitled to make a claim for compensation under this Part does so in respect of a personal injury that is a mental injury, the person is entitled to be paid provisional payments in relation to that mental injury.

S. 47(2B) inserted by No. 5/2021 s. 55(1).

(2B) Subsection (2A) does not apply—

(a) if the claim for compensation was made before the commencement of section 11 of the Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021; or

(b) if a claim for compensation relating to the same mental injury and circumstances has previously been determined.

S. 47(3) amended by Nos 67/2013 s. 649(Sch. 9 item 35(2)(a)), 5/2021 s. 55(2).

(3) For the purposes only of this Part, the person to whom or for whose benefit compensation or provisional payments are payable are those persons to whom or for whose benefit compensation or provisional payments would be payable under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 if—

(a) the registered member or probationary member suffering personal injury arising out of or in the course of emergency service were a worker within the meaning of that Act; and

(b) the personal injury were caused in the person's employment arising out of or in the course of the employment.

(4) A claim for compensation under this section must be made to the Victorian WorkCover Authority in accordance with this Part.

S. 47(5) amended by No. 5/2012 s. 102(1).

(5) All matters relating to compensation must be determined in accordance with this Part by the Victorian WorkCover Authority, the ACCS, a Medical Panel, the County Court or the Magistrates' Court, as the case requires.

S. 47(6) amended by Nos 5/2012 s. 102(1), 67/2013 s. 649(Sch. 9 item 35(2)(b)).

(6) In making a determination in relation to any matter referred to in subsection (3), the Victorian WorkCover Authority, the ACCS, a Medical Panel, the County Court or the Magistrates' Court must, as far as practicable, be guided by reference to the applicable provisions of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 governing the corresponding matter in that Act.

S. 47(7) amended by Nos 67/2013 s. 649(Sch. 9 item 35(2)(c)), 5/2021 s. 55(3).

(7) A registered member or probationary member is not debarred from compensation or provisional payments in respect of personal injury caused to the member in the course of emergency service by reason only that the member was not, at the relevant time, a worker within the meaning of Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013.

S. 47(8) amended by Nos 5/2012 s. 102(2)(a), 67/2013 s. 649(Sch. 9 item 35(2)(d)).

(8) For the purpose of assessing compensation, the average weekly earnings of a registered member or probationary member is to be computed by the Victorian WorkCover Authority, the ACCS, a Medical Panel, the County Court or the Magistrates' Court—

(a) by reference to his or her employment by any employer or employers during the relevant period before the accident; or

S. 47(8)(b) amended by No. 5/2012 s. 102(2)(b).

(b) if he or she was not then working under a contract of service, on any basis that, in the opinion of the Authority, the ACCS, a Medical Panel, the County Court or the Magistrates' Court, is best calculated to give

the appropriate compensation for his or her loss of earning capacity—

but so that any relevant maximum limits imposed by the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 are not exceeded.

S. 47(9) amended by Nos 67/2013 s. 649(Sch. 9 item 35(2)(e)), 5/2021 s. 55(4).

(9) If compensation or provisional payments are paid under this Part, the payment has the same legal effects as follow fromthe payment of compensation under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013.

(10) For the purposes of enabling the return to work of a registered member or probationary member, the Victorian WorkCover Authority may—

S. 47(10)(a) amended by No. 9/2010 s. 141(a) (as amended by No. 80/2010 s. 159(o)).

(a) plan the worker's return to work;

S. 47(10)(b) amended by No. 9/2010 s. 141(b).

(b) approve a provider of occupational rehabilitation services for the purposes of planning the worker's return to work under paragraph (a);

(c) provide alternative assistance or programs to the worker or in respect of the employment of the worker.

(11) Any costs and expenses incurred as a result of subsection (10) are to be paid by the Victorian WorkCover Authority under section 52(2) as if the costs and expenses were a payment of compensation and section 52(3) applies accordingly.

S. 47(12) inserted by No. 5/2012 s. 102(3).

(12) In this section—

S. 47(12) def. of ACCS amended by No. 67/2013 s. 649
(Sch. 9 item 35(2)(f)(i)).

ACCS means the Accident Compensation Conciliation Service under the Workplace Injury Rehabilitation and Compensation Act 2013;

S. 47(12) def. of Medical Panel amended by No. 67/2013 s. 649
(Sch. 9 item 35(2)(f)(ii)).

Medical Panel has the same meaning as in section 3 of the Workplace Injury Rehabilitation and Compensation Act 2013.

48 Compensation otherwise payable

If a person is entitled to compensation in respect of personal injury otherwise than in accordance with this Part, there is payable to that person the amount, if any, by which the amount of compensation in respect of the injury determined under this Part exceeds the amount to which the person is entitled.

49 Compensation for loss of or damage to property during emergency service

(1) Compensation is payable under this Part if a registered member or probationary member suffers loss of or damage to property belonging to the member or in the possession or control of the member while—

(a) engaging in any authorised activity in or outside Victoria as a registered member or probationary member; or

(b) training or practising for any such activity; or

(c) travelling to or from any place where any such activity is to be or has been engaged in.

(2) If a registered member or probationary member is entitled to compensation under subsection (1) for loss of or damage to property, the member may apply to the Chief Executive Officer for compensation.

(3) The Chief Executive Officer may authorise payment of compensation as the Chief Executive Officer considers reasonable in the circumstances to the owner of the property or to any person interested in it.

(4) A person whose interests are affected by a decision of the Chief Executive Officer under this section may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

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

(a) the day on which the decision is made;

(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 the statement of reasons is given to the person or the person is informed under section 47(5) of that Act that a statement of reasons will not be given.

S. 50 amended by No. 67/2013 s. 649(Sch. 9 item 35(3)).

50 Jurisdiction

If any question or matter arises under this Part (other than section 49), the County Court and the Magistrates' Court have, under this Act, the same jurisdiction to hear and determine the question or matter as if it were a question or matter arising under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 and those Acts apply with the necessary adaptations and modifications.

S. 51 amended by No. 67/2013 s. 649(Sch. 9 item 35(4)).

51 Victorian WorkCover Authority to represent Crown

In all proceedings under this Part, the Victorian WorkCover Authority represents the Crown and has the same powers, rights and authorities as theAuthority has under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 in regard to the corresponding matter relating to a worker under that Act.

52 Payments

(1) The Victorian WorkCover Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 51.

S. 52(2) amended by Nos 67/2013 s. 649(Sch. 9 item 35(5)), 5/2021 s. 56.

(2) The Victorian WorkCover Authority must make any payment of compensation or provisional payments under this Part (other than section 49) out of the WorkCover Authority Fund under the Workplace Injury Rehabilitation and Compensation Act 2013.

(3) There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund, which is to the necessary extent appropriated accordingly—

(a) the amounts to be reimbursed under subsection (1); and

(b) the amount of any payments under subsection (2).

(4) There is to be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly—

(a) the amount of any payment of compensation under section 49; and

(b) any other expenses incurred in the administration of this Part.

S. 53 substituted by No. 36/2018 s. 93.

53 Entitlement where damages otherwise payable

(1) If compensation under this Part is paid to a registered member or probationary member in respect of personal injury or loss of, or damage to, property and an award of damages is made to the registered member or probationary member against a person other than the Authority in respect of the same injury, loss or damage, the Minister may bring a proceeding against the registered member or probationary member in a court of competent jurisdiction to recover as a debt due by the registered member or probationary member to the Crown whichever of the following amounts is the less—

(a) the amount of compensation received;

(b) the amount of damages received.

(2) If compensation under this Part is paid to a registered member or probationary member in respect of personal injury or loss of, or damage to, property and a compromise or a settlement is reached with the registered member or probationary member by a person other than the Authority in respect of the same injury, loss or damage, the Minister may bring a proceeding against that person in a court of competent jurisdiction to recover as a debt due by the registered member or probationary member to the Crown whichever of the following amounts is the less—

(a) the amount of compensation received;

(b) the amount received under the compromise or settlement.

(3) If compensation under this Part is paid to a registered member or probationary member in respect of personal injury or loss of, or damage to, property and, subsequently, an award of damages is made to the registered member or probationary member in respect of the same injury, loss or damage against the Authority, the amount of damages to be paid must be reduced by the amount of compensation received.

(4) If compensation under this Part is paid to a registered member or probationary member in respect of personal injury or loss of, or damage to, property and, subsequently, a compromise or a settlement is reached with the registered member or probationary member by the Authority in respect of the same injury, loss or damage, the amount to be paid under the compromise or settlement must be reduced by the amount of compensation received.

(5) If a registered member or probationary member is entitled to compensation under this Part in respect of personal injury or loss of, or damage to, property and an award of damages is made to the registered member or probationary member in respect of the same injury, loss or damage against a person or the Authority, the amount of compensation to be paid must be reduced by the amount of damages received.

(6) If a registered member or probationary member is entitled to compensation under this Part in respect of personal injury or loss of, or damage to, property and a compromise or a settlement is reached with the registered member or probationary member by a person or the Authority in respect of the same injury, loss or damage, the amount of compensation to be paid must be reduced by the amount received under the compromise or settlement.

54 Fraudulent claims

A person must not in or in connection with any claim for compensation under this Part, wilfully make any false or misleading statement to or otherwise wilfully mislead or attempt to mislead the Minister, the Victorian WorkCover Authority, the County Court, the Magistrates' Court or any other person.

1. 10 penalty units.

Part 5—Miscellaneous

55 Regulations

(1) The Governor in Council may make regulations for or with respect to—

S. 55(1)(a) substituted by No. 5/2012 s. 103(1).

(a) the registration, administration and management of units;

(b) the registration of members and probationary members and the cancellation of such registration;

(c) the training, qualifications and fitness of registered members;

(d) the discipline and good conduct of registered members and probationary members;

(e) the means of identification of registered members;

(f) the insignia and uniforms to be worn by employees of the Service and registered members;

(g) the use of the insignia of the Service;

(h) prescribing conditions of issue and use of property issued to registered units;

(i) the conduct of courses of instruction for members of the public;

(j) prescribing fees or charges to be paid to the Authority for services provided under this Act, other than services relating to an emergency;

(k) prescribing fees or charges for road rescue services provided to any person and the charging of those fees and charges to the Transport Accident Commission;

(l) prescribing fees or charges that may be charged under an agreement under section 5(3);

S. 55(1)(la) inserted by No. 5/2012 s. 103(2).

(la) prescribing penalties not exceeding 20 penalty units for contraventions of the regulations;

(m) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) Without derogating from the generality of subsection (1)(d), the regulations made under that subsection may provide for—

(a) the conferring of power on the Authority to remove or suspend registered members and probationary members;

(b) the enforcement of penalties by the Authority;

(c) the empowering of unit controllers and employees of the Service to lay charges against registered members and probationary members;

(d) the right of any registered member or probationary member to apply to the Victorian Civil and Administrative Tribunal for review of a decision of the Authority.

56 Repeal

(1) The Victoria State Emergency Service Act 1987 is repealed.

(2) Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under the Victoria State Emergency Service Act 1987 immediately before the commencement of this section shall under and subject to this Act continue to have the same status, operation and effect as they respectively would have had if this section had not come into operation.

(3) On and after the commencement of this section, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to—

(a) the Director of the Service is to be construed as a reference to the Director of Operations, unless the contrary intention appears;

(b) the Victoria State Emergency Service Act 1987 is to be construed as a reference tothis Act, unless the contrary intention appears.

(4) Nothing in this section or section 57 limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.

57 Transitional provisions

(1) Despite section 5 of the Subordinate Legislation Act 1994, the Victoria State Emergency Service Regulations 1995, S.R. No. 17/1995, as in force immediately before the commencement of section 56, continue on and after that commencement as though they had been made under this Act until the earlier of—

(a) the day on which they are revoked by regulations made under this Act; or

(b) the day which is the first anniversary of that commencement.

(2) Staff employed under the Public Administration Act 2004 in accordance with section 7 of the Victoria State Emergency Service Act 1987 as in force immediately before the commencement of section 56 are immediately after that commencement deemed to continue to be employed under section 30 on the same terms and conditions as they had before that commencement until or unless any of those terms and conditions are varied by the Australian Industrial Relations Commission.

(3) A member of staff employed under the Public Administration Act 2004 in accordance with section 7 of the Victoria State Emergency Service Act 1987 as in force immediately before the commencement of section 56 who was, immediately before that commencement, an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be an officer within the meaning of that Act while continuing to be a member of staff employed under section 30.

(4) Any vacancy existing in a position created under the Public Administration Act 2004 in accordance with section 7 of the Victoria State Emergency Service Act 1987 as in force immediately before the commencement of section 56, which has not been filled as at that commencement is to be filled in accordance with section 30.

(5) Part 3 of the Victoria State Emergency Service Act 1987 as in force before the commencement of section 56 continues to apply on and after that commencement in respect of a personal injury (including death) or loss of or damage to property arising before that commencement to which that Part applied.

S. 58 repealed by No. 28/2007 s. 3(Sch. item 69),
new s. 58 inserted by No. 56/2011 s. 28.

58 Change of title

Despite the change of title made by section 22 of the Emergency Management Legislation Amendment Act 2011 the Chief Officer, Operations is to be taken to be the same person as the Director of Operations and no act, matter or thing is in any way abated or affected by that change.

New s. 59 inserted by No. 36/2018 s. 94.

59 Transitional provision—Emergency Management Legislation Amendment Act 2018

Despite the substitution of section 53 by section 93 of the Emergency Management Legislation Amendment Act 2018, section 53 as in force immediately before the day on which section 93 of the Emergency Management Legislation Amendment Act 2018 comes into operation applies to compensation under Part 4 and damages in respect of personal injury or loss of, or damage to, property incurred before that day.

Pt 6 (Heading and ss 59–66) repealed by No. 28/2007 s. 3(Sch. item 69), new Pt 6 (Heading and new ss 60–62) inserted by No. 36/2018 s. 95.

Part 6—Fawkner Crematorium and Memorial Park land

New s. 60 inserted by No. 36/2018 s. 95.

60 Revocation of reservation

The reservation of land described in Schedule 1 by section 86(1)(b) of the Cemeteries Act 1958 as in force immediately before its repeal is revoked to the extent that it applies to the land shown as Crown Allotment 2038 on the plan numbered OP124572 lodged in the Central Plan Office.

New s. 61 inserted by No. 36/2018 s. 95.

61 Consequences of revocation

On the revocation of the reservation referred to in section 60 of the land shown as Crown Allotment 2038 on the plan numbered OP124572—

(a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(c) subject to section 62(c), the appointment of any trustee of that land is revoked to the extent that it relates to that land; and

(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

New s. 62 inserted by No. 36/2018 s. 95.

62 Temporary reservation for cemetery purposes

On the revocation of the reservation referred to in section 60 of the land shown as Crown Allotment 2038 on the plan numbered OP124572—

(a) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for cemetery purposes; and

(b) that land is taken to be a public cemetery established under section 4 of the Cemeteries and Crematoria Act 2003; and

(c) the Greater Metropolitan Cemeteries Trust continues to administer that land as the cemetery trust for the Fawkner Crematorium and Memorial Park under the Cemeteries and Crematoria Act 2003 as if it had been appointed as a cemetery trust for that land under section 8(1)(a) of that Act.

Pts 7, 8 (Headings and ss 67–75) repealed by No. 28/2007 s. 3(Sch. item 69).

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Sch. 1 inserted by No. 36/2018 s. 96.

Schedule 1—Land in respect of which reservation is revoked

Fawkner Crematorium and Memorial Park land

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.

Minister's second reading speech—

Legislative Assembly: 26 May 2005

Legislative Council: 16 August 2005

The long title for the Bill for this Act was "to establish the Victoria State Emergency Service Authority, to re-enact with amendments the Victoria State Emergency Service Act 1987, to amend the Country Fire Authority Act 1958 and the Metropolitan Fire Brigades Act 1958, to make consequential amendments to certain other Acts and for other purposes."

The Victoria State Emergency Service Act 2005 was assented to on 24 August 2005 and came into operation as follows:

Sections 1 and 2 on 25 August 2005: section 2(1); sections 3–58 on 1 November 2005: Government Gazette 20 October 2005 page 2308; sections 59–75 on 1 July 2006: section 2(3).

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

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

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

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

• Punctuation

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

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Victoria State Emergency Service Act 2005 by Acts and subordinate instruments.

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

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Statute Law Revision Act 2007, No. 28/2007

Accident Compensation Amendment Act 2010, No. 9/2010 (as amended by No. 80/2010)

Emergency Management Legislation Amendment Act 2011, No. 56/2011

Emergency Services Legislation Amendment Act 2012, No. 5/2012

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Emergency Management Act 2013, No. 73/2013

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015

Emergency Management Legislation Amendment Act 2018, No. 36/2018

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Act 2021, No. 5/2021

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

3 Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4 Explanatory details

1. S. 34: The amendment proposed by section 26(1) of the Emergency Management Legislation Amendment Act 2011, No. 56/2011 (repealed) is not included in this publication because "Director of Operations" does not appear in section 34.

Section 26(1) read as follows:

26 Amendment of section 34—Registered units

(1) In section 34 of the Victoria State Emergency Service Act 2005 for "Director of Operations" (wherever occurring) substitute "Authority". ↑