Victoria State Emergency Service Regulations 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocations 2 5 Definitions 2 6 Insignia 5 Part 2—Discipline of registered members and probationary members 6 7 Service member to informally resolve misconduct of registered member or probationary member 6 8 Complaint by Service member if unable to informally resolve misconduct of registered member or probationary member 6 9 Complaint by Service member about misconduct involving commission of unlawful act by registered member or probationary member 7 10 Complaint by person about misconduct of registered member or probationary member 7 11 Chief Officer, Operations to notify registered member or probationary member of complaint 8 12 Withdrawal of complaint 8 13 Decision whether to investigate complaint 9 14 Conduct of investigation 10 15 Investigation of other misconduct discovered during investigation of complaint 10 16 Time limit to complete investigation 11 17 Outcome of investigation 12 18 Conduct of hearing 13 19 Adjournment of hearing 13 20 Outcome of hearing 14 21 The Authority may take further action against registered member or probationary member following a hearing 14 22 Chief Officer, Operations may suspend membership of registered member or probationary member without a hearing 16 -- 1 of 33 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 23 The Authority may suspend membership without a hearing if registered member or probationary member charged with offence 18 24 The Authority may take further action without a hearing if registered member or probationary member is found guilty of offence 19 25 Right of review of certain decisions of the Authority 20 26 When further action takes effect 20 27 The Authority may stay effect of suspension or cancellation 21 Part 3—Training and exercises of registered members 22 28 Chief Officer, Operations to develop exercises and training for registered members 22 29 Chief Officer, Operations to inform controllers of exercises and training to be provided to registered members 23 30 Approval of training and exercise plan or syllabus by Chief Officer, Operations 23 31 Controller to provide training and exercises in accordance with approved plan or syllabus 24 32 Minimum attendance at exercises and training by registered members 24 33 Audit of attendances by controller 25 34 Controller may recommend to cancel membership after unsatisfactory completion of exercises and training 25 35 Chief Officer, Operations may cancel membership for non- attendance or unsatisfactory completion 25 Part 4—Miscellaneous 28 36 Conduct of course without approval 28 37 Criminal record check 28 38 Identity card 28 39 Cessation of membership as registered member or probationary member 29 40 Property of the Authority under the control of registered unit 29 Schedule 1—Insignia of the Victoria State Emergency Service 30 ═════════════ Endnotes 31 -- 2 of 33 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 99/2017 Victoria State Emergency Service Act 2005 Victoria State Emergency Service Regulations 2017 The Governor in Council makes the following Regulations: Dated: 26 September 2017 Responsible Minister: JAMES MERLINO Minister for Emergency Services ANDREW ROBINSON Clerk of the Executive Council Part 1—Preliminary 1 Objectives The objectives of these Regulations are— (a) to provide for— (i) the discipline of registered members and probationary members; and (ii) the development and provision of exercises and training for registered members; and (iii) the cessation of membership of registered members and probationary members of the Service; and (iv) the insignia of the Service; and -- 3 of 33 -- Part 1—Preliminary Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 2 Authorised by the Chief Parliamentary Counsel (v) criminal record checks for persons applying to be registered members or probationary members; and (vi) other miscellaneous matters; and (b) to revoke the Victoria State Emergency Service Regulations 2006 and the Victoria State Emergency Service Amendment Regulations 2012. 2 Authorising provision These Regulations are made under section 55 of the Victoria State Emergency Service Act 2005. 3 Commencement These Regulations come into operation on 1 October 2017. 4 Revocations The Victoria State Emergency Service Regulations 2006 1 and the Victoria State Emergency Service Amendment Regulations 20122 are revoked. 5 Definitions In these Regulations— complaint means a complaint to the Chief Officer, Operations under regulation 8, 9 or 10; emergency activities and operations means any of the following— (a) emergency management planning; (b) emergency response including— (i) responding to floods, earthquakes and storms, and the effects of floods, earthquakes and storms; and (ii) providing rescue services; -- 4 of 33 -- Part 1—Preliminary Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 3 Authorised by the Chief Parliamentary Counsel (c) emergency support; (d) coordinating and engaging in other emergency activities for the purposes of the Act; (e) participating in civil defence activities; (f) managing traffic in accordance with section 40 of the Act; health includes psychological health; misconduct, in relation to a registered member or a probationary member, means any of the following— (a) a contravention of the Act or these Regulations (other than Part 3 of these Regulations); (b) the commission of an unlawful act by a registered member or a probationary member while on duty; (c) the commission of an unlawful act by a registered member or a probationary member while not on duty that is likely to harm the operation or reputation of the Service; (d) the discharge of duties as a registered member or a probationary member in a negligent manner; (e) behaviour while on duty that is disruptive, uncooperative or incompetent and that disruption, uncooperativeness or incompetence is likely to cause harm to the operation or reputation of the Service; (f) any form of harassment or bullying of a Service member by a registered member or a probationary member; -- 5 of 33 -- Part 1—Preliminary Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 4 Authorised by the Chief Parliamentary Counsel (g) any form of harassment or bullying of a person (other than a Service member) by a registered member or a probationary member while on duty; (h) a failure or refusal of a registered member or a probationary member to comply with— (i) a lawful command or instruction of the Chief Officer, Operations or a controller of the registered member's or the probationary member's unit; or (ii) a standing order of the Service; (i) the provision of false or misleading information to the Service or the Authority; (j) a failure of a registered member or a probationary member to disclose to the Service or the Authority a material change in circumstances that may adversely affect— (i) the registered member's or the probationary member's ability to perform the duties of a registered member or a probationary member; or (ii) the operation of the Service; (k) a failure of a registered member or a probationary member to take reasonable care for the registered member's or the probationary member's own health and safety while on duty; -- 6 of 33 -- Part 1—Preliminary Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 5 Authorised by the Chief Parliamentary Counsel (l) a failure to take reasonable care for the health or safety of persons who may be affected by acts or omissions of a registered member or a probationary member while on duty; (m) a failure while on duty to cooperate with the Authority with respect to any action taken by the Authority to comply with a requirement under the Occupational Health and Safety Act 2004 or the regulations made under that Act; (n) a failure to cooperate in accordance with regulation 7(3); (o) the commission of any other act or behaviour that is intended to cause harm to the operation or reputation of the Service; the Act means the Victoria State Emergency Service Act 2005. 6 Insignia The insignia of the Service as set out in Schedule 1 (but regardless of the colours used in Schedule 1) may only be used in connection with Service equipment and activities or as determined by the Chief Executive Officer from time to time. -- 7 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 6 Authorised by the Chief Parliamentary Counsel Part 2—Discipline of registered members and probationary members 7 Service member to informally resolve misconduct of registered member or probationary member (1) A Service member who has reasonable grounds to believe that a registered member or a probationary member has engaged in misconduct must take reasonable steps to resolve the matter informally with the registered member or the probationary member as soon as reasonably practicable. (2) If a Service member is unable to resolve the matter informally in accordance with subregulation (1), the Service member must take reasonable steps to resolve the matter in accordance with the grievance policy of the Authority as soon as reasonably practicable. (3) A Service member must cooperate with an attempt to resolve a matter in accordance with subregulation (1) or (2). (4) In this regulation, misconduct as defined in regulation 5, does not include paragraphs (b) and (c). 8 Complaint by Service member if unable to informally resolve misconduct of registered member or probationary member (1) If a Service member is unable to resolve a matter in accordance with regulation 7(1) or (2), the Service member may make a complaint in relation to the matter to the Chief Officer, Operations. (2) A complaint under subregulation (1) must— (a) be in writing; and -- 8 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 7 Authorised by the Chief Parliamentary Counsel (b) specify the facts or matters that the Service member has knowledge of and in respect of which the Service member has formed a reasonable belief that the registered member or the probationary member has engaged in misconduct. (3) In this regulation, misconduct as defined in regulation 5, does not include paragraphs (b) and (c). 9 Complaint by Service member about misconduct involving commission of unlawful act by registered member or probationary member (1) If a Service member has reasonable grounds to believe that a registered member or a probationary member has engaged in misconduct, the Service member may make a complaint to the Chief Officer, Operations. (2) A complaint under subregulation (1) must— (a) be in writing; and (b) specify the facts or matters that the Service member has knowledge of and in respect of which the Service member has formed a reasonable belief that the registered member or the probationary member has engaged in misconduct. (3) In this regulation, misconduct as defined in regulation 5, does not include paragraphs (a), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) and (o). 10 Complaint by person about misconduct of registered member or probationary member (1) A person (other than a Service member referred to in regulation 8 or 9) who has reasonable grounds to believe that a registered member or a probationary member has engaged in misconduct -- 9 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 8 Authorised by the Chief Parliamentary Counsel may make a complaint to the Chief Officer, Operations. (2) A complaint under subregulation (1) must— (a) be in writing; and (b) specify the facts or matters that the person has knowledge of and in respect of which the person has formed a reasonable belief that the registered member or the probationary member has engaged in misconduct. 11 Chief Officer, Operations to notify registered member or probationary member of complaint (1) The Chief Officer, Operations must give a registered member or a probationary member who is the subject of a complaint written notice of the complaint within 14 days after the complaint is made. (2) The notice must— (a) set out a summary or details of the complaint; and (b) specify the type of misconduct alleged. 12 Withdrawal of complaint (1) A person or a Service member who has made a complaint under regulation 8, 9 or 10 may withdraw that complaint by giving written notice to— (a) the Chief Officer, Operations, before the complaint is referred to the Authority for a hearing; or (b) the Authority, after a complaint has been referred to the Authority for a hearing and before the hearing is conducted. -- 10 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 9 Authorised by the Chief Parliamentary Counsel (2) The Chief Officer, Operations or the Authority (as the case requires) must, within 14 days after receiving a notice under subregulation (1) to withdraw a complaint, give the registered member or the probationary member who is the subject of the complaint written notice that the complaint has been withdrawn. 13 Decision whether to investigate complaint (1) Subject to this Part, the Chief Officer, Operations must, within 14 days after receiving a complaint, decide whether or not to investigate the complaint. (2) The Chief Officer, Operations must not investigate a complaint if— (a) the Chief Officer, Operations considers that— (i) the complaint— (A) is misconceived or lacking in substance; or (B) is frivolous or vexatious; or (C) cannot be substantiated; or (ii) the act or omission on which the complaint is based is not of sufficient seriousness to merit further action; or (b) the Authority has already taken action under regulation 24 in respect of the registered member or the probationary member who is the subject of the complaint. (3) If the Chief Officer, Operations decides to investigate a complaint, the Chief Officer, Operations must give written notice of the investigation to the registered member or the probationary member who is the subject of the complaint. -- 11 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 10 Authorised by the Chief Parliamentary Counsel (4) If the Chief Officer, Operations decides not to investigate a complaint in accordance with subregulation (2), the Chief Officer, Operations must dismiss the complaint. (5) In addition to subregulation (4), if the Chief Officer, Operations decides not to investigate a complaint in accordance with subregulation (2)(a)(ii), the Chief Officer, Operations may give the registered member or the probationary member a formal warning. (6) If the Chief Officer, Operations dismisses a complaint in accordance with subregulation (4), the Chief Officer, Operations must, within 7 days after the date of the decision to dismiss the complaint, give the registered member or the probationary member written notice that the complaint has been dismissed. 14 Conduct of investigation (1) The Chief Officer, Operations must not commence an investigation into a complaint unless the Chief Officer, Operations gives written notice under regulation 13(3) to a registered member or a probationary member who is the subject of the complaint. (2) The Chief Officer, Operations may appoint an external investigator to investigate a complaint on behalf of the Chief Officer, Operations. 15 Investigation of other misconduct discovered during investigation of complaint (1) If, during an investigation of a complaint (the initial investigation), the Chief Officer, Operations becomes aware that a registered member or a probationary member who is the subject of the initial investigation has engaged in other misconduct (the other misconduct), the Chief Officer, Operations may also investigate -- 12 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 11 Authorised by the Chief Parliamentary Counsel the other misconduct as if a complaint had been made in respect of the other misconduct. (2) The Chief Officer, Operations must give notice of an investigation into the other misconduct to the registered member or the probationary member in accordance with regulation 13(3) as if the other misconduct to be investigated was the subject of a complaint. (3) For the purposes of regulation 16, the initial investigation is taken to have been commenced on the date that notice is given to a registered member or a probationary member in accordance with subregulation (2). 16 Time limit to complete investigation (1) Subject to subregulations (2) and (3), if the Chief Officer, Operations decides to investigate a complaint the Chief Officer, Operations must complete the investigation within 28 days after commencing the investigation. (2) The Chief Officer, Operations may extend the time to complete an investigation referred to in subregulation (1), if the Chief Officer, Operations— (a) has had difficulty in obtaining sufficient evidence to determine whether or not to refer the matter to a hearing; or (b) has been unable to complete the investigation within 28 days because of an emergency. (3) The Chief Officer, Operations must not extend the time to complete an investigation under subregulation (2) for a period exceeding 28 days. (4) If the Chief Officer, Operations extends the time to complete an investigation in accordance with subregulation (2), the Chief Officer, Operations -- 13 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 12 Authorised by the Chief Parliamentary Counsel must give written notice of the extension to the registered member or the probationary member who is the subject of the complaint. 17 Outcome of investigation (1) The Chief Officer, Operations must decide the outcome of an investigation into a complaint within 14 days after completing the investigation. (2) The Chief Officer, Operations may decide— (a) that the complaint is not substantiated; or (b) that the action or inaction on which the complaint is based is not of sufficient seriousness to merit further action; or (c) to refer the matter to a hearing. (3) If the Chief Officer, Operations makes a decision— (a) under subregulation (2)(a) or (b), the Chief Officer, Operations must dismiss the complaint; or (b) under subregulation (2)(c), the Chief Officer, Operations must refer the matter in writing to the Authority for a hearing. (4) The Chief Officer, Operations must give written notice to the registered member or the probationary member who was the subject of the investigation of the decision of the Chief Officer, Operations under subregulation (2) within 7 days after the date of the decision. (5) If the Chief Officer, Operations makes a decision under subregulation (2)(c), the notice under subregulation (4) must, at least 14 days before the date of the hearing, advise the registered member or the probationary member of the time, date and place of the hearing. -- 14 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 13 Authorised by the Chief Parliamentary Counsel 18 Conduct of hearing (1) The Authority must conduct a hearing of any matter referred to it under regulation 17(2)(c). (2) In conducting a hearing, the Authority— (a) subject to these Regulations, may regulate its own procedure for the hearing; and (b) must conduct the hearing as expeditiously and with as little formality and technicality as the requirements of these Regulations and a proper consideration of the matters before it permit; and (c) is not bound by the rules of evidence; and (d) may inform itself on any matter as it sees fit; and (e) is bound by the rules of natural justice. (3) A registered member or a probationary member who is the subject of a hearing may— (a) be represented by an Australian legal practitioner or any other person; and (b) call and examine any witness; and (c) cross-examine any witness not called on behalf of the registered member or the probationary member; and (d) make submissions. 19 Adjournment of hearing (1) The Authority may adjourn a hearing at any time. (2) Despite subregulation (1), the Authority must adjourn a hearing if a failure to do so would result in a denial of natural justice. -- 15 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 14 Authorised by the Chief Parliamentary Counsel 20 Outcome of hearing (1) After conducting a hearing, the Authority may determine that the misconduct of a registered member or a probationary member who is the subject of the hearing— (a) is not substantiated; or (b) has been substantiated but is not sufficiently serious to merit further action; or (c) has been substantiated and merits further action. (2) If the Authority makes a determination under subregulation (1)(a) or (b), the Authority must dismiss the matter. (3) If the Authority dismisses a matter in accordance with subregulation (2), the Authority must give the registered member or the probationary member written notice of the dismissal and the reasons for that dismissal within 21 days after the date of the hearing. (4) If the Authority makes a determination under subregulation (1)(c), the Authority may take further action against the registered member or the probationary member in accordance with regulation 21. 21 The Authority may take further action against registered member or probationary member following a hearing (1) This regulation applies if the Authority conducts a hearing and makes a determination under regulation 20(1)(c) to take further action against a registered member or a probationary member. (2) The Authority may take one or more of the following further actions against a registered member or a probationary member— -- 16 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 15 Authorised by the Chief Parliamentary Counsel (a) give the registered member or the probationary member a formal warning; (b) require the registered member or the probationary member to undertake formal counselling; (c) reprimand the registered member or the probationary member; (d) transfer the registered member or the probationary member to another registered unit; (e) reduce the rank or classification of the registered member or the probationary member; (f) suspend the membership of the registered member or the probationary member for a specified period of up to 5 years; (g) cancel the membership of the registered member or the probationary member. (3) The Authority must give the registered member or the probationary member written notice of any further action taken under subregulation (2) and the reasons for taking that action within 21 days after the date of the hearing. (4) If the Authority takes further action under subregulation (2)(f) to suspend the membership of a registered member or a probationary member, the registered member or the probationary member must, on being given notice of the suspension under subregulation (3), comply with regulation 39 as if the membership of the registered member or the probationary member was cancelled. -- 17 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 16 Authorised by the Chief Parliamentary Counsel 22 Chief Officer, Operations may suspend membership of registered member or probationary member without a hearing (1) Subject to subregulation (2) and despite anything to the contrary in this Part, the Chief Officer, Operations may, at any time, suspend the membership of a registered member or a probationary member who is the subject of a complaint without conducting a hearing, if the Chief Officer, Operations believes that— (a) if the misconduct were to be substantiated, the continued membership of the registered member or the probationary member would be likely to harm the operation or reputation of the Service; or (b) the registered member or the probationary member is likely to engage in further misconduct if the membership of the registered member or the probationary member continues. (2) The Chief Officer, Operations must not suspend a registered member or a probationary member under subregulation (1) if— (a) the Chief Officer, Operations has referred the matter to the Authority for a hearing; and (b) the Authority has commenced conducting, or has conducted, a hearing of the matter. (3) A suspension under subregulation (1) may be for a specified period. (4) The Chief Officer, Operations must give the registered member or the probationary member written notice of a suspension under subregulation (1) and the reasons for that suspension within 14 days after the date of the decision made under subregulation (1). -- 18 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 17 Authorised by the Chief Parliamentary Counsel (5) If the Chief Officer, Operations decides to suspend the membership of a registered member or a probationary member under subregulation (1), the member must, on being given notice of the suspension under subregulation (4), comply with regulation 39 as if the membership of the registered member or the probationary member was cancelled. (6) A suspension under subregulation (1) ceases to have effect in the following circumstances (whichever occurs first)— (a) if the suspension is for a specified period— upon the expiry of that period; (b) if the complaint is withdrawn under regulation 12—immediately upon the registered member or the probationary member receiving written notice that the complaint has been withdrawn; (c) if the Chief Officer, Operations dismisses the complaint under regulation 13(4)— immediately upon the registered member or the probationary member receiving written notice that the complaint has been dismissed; (d) if the Chief Officer, Operations dismisses the complaint under regulation 17(3)(a) following an investigation—immediately upon the registered member or the probationary member receiving written notice that the complaint has been dismissed; (e) if the Authority dismisses the matter under regulation 20(2) following a hearing— immediately upon the registered member or the probationary member receiving written notice that the matter has been dismissed; -- 19 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 18 Authorised by the Chief Parliamentary Counsel (f) if the Authority takes further action against the registered member or the probationary member under regulation 21(2)(a), (b) or (c) and does not take further action under regulation 21(2)(d), (e), (f) or (g)— immediately upon the registered member or the probationary member receiving written notice of the further action; (g) if the Authority takes further action under regulation 21(2)(d), (e), (f) or (g) (whether or not the Authority also takes further action under regulation 21(2)(a), (b) or (c))—immediately upon that further action taking effect in accordance with regulation 26. 23 The Authority may suspend membership without a hearing if registered member or probationary member charged with offence (1) The Authority may, at any time, suspend the membership of a registered member or a probationary member without conducting a hearing if the registered member or the probationary member is charged with an offence that— (a) is punishable by a term of imprisonment; and (b) if the registered member or the probationary member is found guilty of that offence, is likely to harm the operation or reputation of the Service. (2) A suspension under subregulation (1) may be for a specified period. (3) A suspension under subregulation (1) ceases to have effect if— (a) the charge is withdrawn or dismissed; or -- 20 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 19 Authorised by the Chief Parliamentary Counsel (b) the registered member or the probationary member is acquitted of the charge. (4) The Authority must give the registered member or the probationary member written notice of a suspension and the reasons for that suspension within 14 days after the date of the decision made under subregulation (1). (5) If the Authority decides to suspend the membership of a registered member or a probationary member under subregulation (1), the member must, on being given notice of the suspension under subregulation (4), comply with regulation 39 as if the membership of the registered member or the probationary member was cancelled. 24 The Authority may take further action without a hearing if registered member or probationary member is found guilty of offence (1) If— (a) a registered member or a probationary member is found guilty of an offence that is punishable by a term of imprisonment; and (b) the finding of guilt is likely to harm the operation or reputation of the Service; and (c) the Authority receives a certified copy of a court record confirming the finding of guilt; and (d) the Authority believes that it is in the best interests of the Service that it takes action against the registered member or the probationary member as a result of the finding of guilt— the Authority may, without conducting a hearing, take one or more of the further actions referred to in regulation 21(2). -- 21 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 20 Authorised by the Chief Parliamentary Counsel (2) The Authority must give written notice to the registered member or the probationary member of the action to be taken and the reasons for taking that action within 14 days after the date of the decision made under subregulation (1). (3) If the Authority takes further action in accordance with regulation 21(2)(f) to suspend the membership of a registered member or a probationary member, the member must, on being given notice of the suspension under subregulation (2), comply with regulation 39 as if the membership of the registered member or the probationary member was cancelled. 25 Right of review of certain decisions of the Authority (1) A registered member or a probationary member may apply to VCAT for a review of a decision made by the Authority under regulation 21(2), 23(1) or 24(1). (2) The application must be lodged within 30 days after the date that the registered member or the probationary member receives written notice of the Authority's decision. 26 When further action takes effect (1) A transfer to another registered unit under this Part takes effect— (a) 30 days after the date that the registered member or the probationary member receives written notice of the decision made by the Authority to take that further action; or (b) if the registered member or the probationary member applies to VCAT for a review of the decision made by the Authority to take that further action, immediately on the date that the application for review is dismissed or withdrawn. -- 22 of 33 -- Part 2—Discipline of registered members and probationary members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 21 Authorised by the Chief Parliamentary Counsel (2) A reduction in rank or classification under this Part takes effect— (a) 30 days after the date that the registered member or the probationary member receives written notice of the decision made by the Authority to take that further action; or (b) if the registered member or the probationary member applies to VCAT for a review of the decision made by the Authority to take that further action, immediately on the date that the application for review is dismissed or withdrawn. (3) Subject to regulation 27, a suspension of membership under this Part takes effect immediately on the date that the registered member or the probationary member receives written notice of the decision made by the Authority to suspend the membership. (4) Subject to regulation 27, a cancellation of membership under this Part takes effect immediately on the date that the registered member or the probationary member receives written notice of the decision made by the Authority to cancel the membership. 27 The Authority may stay effect of suspension or cancellation The Authority may stay the effect of a suspension or cancellation of membership under this Part until an application for review of the decision made by the Authority to cancel or suspend is dismissed or withdrawn. -- 23 of 33 -- Part 3—Training and exercises of registered members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 22 Authorised by the Chief Parliamentary Counsel Part 3—Training and exercises of registered members 28 Chief Officer, Operations to develop exercises and training for registered members (1) The Chief Officer, Operations must, on or before 30 April each year, develop exercises and training for registered members to carry out during the following financial year to ensure that each registered member is appropriately trained and qualified to carry out the emergency activities and operations that the registered member may be required to carry out as a registered member in that year. (2) In developing exercises and training under subregulation (1), the Chief Officer, Operations must have regard to, and give priority to, the expected needs of the Service and the Victorian community in the following financial year. (3) Without limiting subregulation (1), the Chief Officer, Operations may develop exercises and training that test a registered member to determine whether the registered member has the necessary fitness to carry out the emergency activities and operations that the registered member may be required to carry out. (4) The Chief Officer, Operations must not develop exercises and training under subregulation (1) that exceed the genuine occupational requirements of the emergency activities and operations that registered members may be required to carry out. -- 24 of 33 -- Part 3—Training and exercises of registered members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 23 Authorised by the Chief Parliamentary Counsel 29 Chief Officer, Operations to inform controllers of exercises and training to be provided to registered members (1) The Chief Officer, Operations must, on or before 31 May each year, inform each controller of the range of exercises and training developed by the Chief Officer, Operations under regulation 28 that the controller must provide to the registered members of the controller's registered unit in the following financial year. (2) In informing a controller under subregulation (1), the Chief Officer, Operations must have regard to the emergency activities and operations carried out by— (a) each registered member of the controller's registered unit; and (b) the controller's registered unit as a whole. 30 Approval of training and exercise plan or syllabus by Chief Officer, Operations (1) A controller must on or before 30 June in the same year in which the controller is informed of exercises and training in accordance with regulation 29— (a) prepare a plan or syllabus of the exercises that the controller must provide in the following financial year; and (b) forward that plan or syllabus to the Chief Officer, Operations for approval. (2) The Chief Officer, Operations must approve or refuse to approve a plan or syllabus under subregulation (1) within 31 days of receiving the plan or syllabus from a controller. -- 25 of 33 -- Part 3—Training and exercises of registered members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 24 Authorised by the Chief Parliamentary Counsel (3) In deciding whether to approve or refuse to approve a plan or syllabus under subregulation (2), the Chief Officer, Operations must have regard to— (a) the emergency activities and operations carried out by— (i) each registered member of the controller's registered unit; and (ii) the registered unit as a whole; and (b) the range of exercises and training developed by the Chief Officer, Operations under regulation 28 that controllers of similar registered units or of registered units operating in similar areas will provide. 31 Controller to provide training and exercises in accordance with approved plan or syllabus (1) A controller must provide to all registered members of the controller's registered unit the range of exercises and training that the controller has been informed of in accordance with regulation 29. (2) The exercises and training must be provided in accordance with the plan or syllabus approved by the Chief Officer, Operations under regulation 30. 32 Minimum attendance at exercises and training by registered members (1) Each calendar year a registered member must attend at least 60% of all exercises and training that are— (a) provided to the member's registered unit; and (b) applicable to the emergency activities and operations carried out by that member. -- 26 of 33 -- Part 3—Training and exercises of registered members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 25 Authorised by the Chief Parliamentary Counsel (2) A registered member must not fail to attend, for more than 3 months in any 12-month period, any exercises and training that are— (a) provided to the member's registered unit; and (b) applicable to the emergency activities and operations carried out by that member. 33 Audit of attendances by controller A controller must, on or before 31 December each year, forward to the Chief Officer, Operations the names of all registered members of the controller's registered unit who have not complied with regulation 32(1) or (2) in that year. 34 Controller may recommend to cancel membership after unsatisfactory completion of exercises and training If a controller is of the opinion that a registered member in the controller's registered unit who has undertaken relevant exercises and training has failed to satisfactorily complete those exercises and training, the controller may make a recommendation to the Chief Officer, Operations that the Chief Officer, Operations cancel the membership of the registered member under regulation 35. 35 Chief Officer, Operations may cancel membership for non-attendance or unsatisfactory completion (1) Subject to subregulation (3), the Chief Officer, Operations may cancel the membership of a registered member if the Chief Officer, Operations receives— (a) the name of the registered member from a controller in accordance with regulation 33; or -- 27 of 33 -- Part 3—Training and exercises of registered members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 26 Authorised by the Chief Parliamentary Counsel (b) a recommendation from a controller in respect of the registered member under regulation 34. (2) In determining whether to cancel the membership of a registered member under subregulation (1), the Chief Officer, Operations may consult with the controller of the member's registered unit to determine— (a) the reasons for the member's non-compliance; and (b) whether the member wishes to continue to be a registered member. (3) Before cancelling the membership of a registered member under subregulation (1), the Chief Officer, Operations must give written notice to the registered member to advise the member that— (a) the Chief Officer, Operations proposes to cancel the member's membership and the reasons for the proposed cancellation; and (b) the member has 7 days from receiving the notice— (i) to request to continue to be a registered member; and (ii) to give reasons why the member should continue to be a registered member. (4) If the Chief Officer, Operations proposes to cancel the membership of a registered member because of a failure to comply with regulation 32(2), the Chief Officer, Operations must include in the written notice given to the member under subregulation (3) advice that the member may return to active service or take a leave of absence from the Service. -- 28 of 33 -- Part 3—Training and exercises of registered members Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 27 Authorised by the Chief Parliamentary Counsel (5) If— (a) a registered member who has been given notice in accordance with subregulation (3) wishes to continue to be a registered member; or (b) the Chief Officer, Operations is of the opinion that a registered member to whom subregulation (4) applies wishes to continue to be a registered member— the Chief Officer, Operations must arrange for the registered member to undertake appropriate exercises and training to determine whether the registered member is fit and competent to carry out the emergency activities and operations for which the member has been trained. (6) The Chief Officer, Operations may cancel the membership of a registered member if that member— (a) does not respond to the notice given to the member in accordance with subregulation (3); or (b) fails to attend, or undertakes but fails to satisfactorily complete, the exercises and training arranged by the Chief Officer, Operations under subregulation (5). -- 29 of 33 -- Part 4—Miscellaneous Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 28 Authorised by the Chief Parliamentary Counsel Part 4—Miscellaneous 36 Conduct of course without approval A controller, a registered member or a probationary member must not, without the prior approval of the Chief Officer, Operations, conduct or assist in the conduct of any course of instruction purporting to be endorsed by the Service for a member of the public. 37 Criminal record check A person who applies for registration as a registered member or a probationary member must provide the Chief Officer, Operations with any necessary authority for the Chief Officer, Operations to conduct— (a) a criminal record check; or (b) with the consent of the applicant, any other enquiries about the applicant that are relevant to the applicant's suitability for registration as a registered member or a probationary member. 38 Identity card Any identity card issued by the Chief Officer, Operations to a registered member or a probationary member must be— (a) signed by the registered member or the probationary member; and (b) carried by the registered member or the probationary member while on duty. -- 30 of 33 -- Part 4—Miscellaneous Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 29 Authorised by the Chief Parliamentary Counsel 39 Cessation of membership as registered member or probationary member Within 7 days after ceasing to be a registered member or a probationary member (whether by cancellation or otherwise) a person must surrender— (a) the person's identity card and all clothing, publications and equipment which was issued to the person as a registered member or a probationary member; and (b) all other clothing, publications and equipment that was in the person's possession or control as a registered member or a probationary member— to the controller of the person's registered unit, or if the person was a controller of a registered unit, to the Chief Officer, Operations. 40 Property of the Authority under the control of registered unit (1) All property owned or issued by the Authority and under the control of a registered unit may be withdrawn from the registered unit and deployed to any other registered unit to perform the functions of the Authority. (2) A registered member or a probationary member must not, without the prior approval of the Chief Officer, Operations, use any property under the control of a registered unit for any purpose other than Authority activities. -- 31 of 33 -- Schedule 1—Insignia of the Victoria State Emergency Service Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 30 Authorised by the Chief Parliamentary Counsel Schedule 1—Insignia of the Victoria State Emergency Service Regulation 6 1. Emblem 2. Logo ═════════════ -- 32 of 33 -- Endnotes Victoria State Emergency Service Regulations 2017 S.R. No. 99/2017 31 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 130/2006 as amended by S.R. No. 69/2012. 2 Reg. 4: S.R. No. 69/2012. -- 33 of 33 --