Metropolitan Fire Brigades (General) (Amendment) Regulations 1997
i
Metropolitan Fire Brigades (General)
(Amendment) Regulations 1997
S.R. No. 84/1997
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provision 1
3. Commencement 1
4. Principal Regulations 2
5. New regulation 1 substituted 2
1. Objective 2
6. Revocation of regulation 3 2
7. Definitions 2
8. Revocation of Divisions 1 and 2 of Part 2 3
9. Revocation of regulation 18 3
10 New regulation 19(2) substituted 3
11. Registration of units 4
19A. Registration of units 4
12. New Part 3 substituted 4
PART 3—MANAGEMENT OF EMPLOYEES OF THE
BOARD. 4
Division 1—Appointment 4
21. Appointments by Board 4
Division 2—Restrictions on other employment 5
22. Members of operational staff not to hold other employment 5
Division 3—Fitness for duty 5
23. Fitness for duty 5
Division 4—Promotion 5
24. Conditions of promotion 5
Division 5—Discipline 6
25. General orders 6
26. Prohibitions on members 7
27. Charges for offences 8
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Regulation Page
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Division 6—Metropolitan Fire and Emergency Services
Appeals Commission 8
28. Registrar 8
29. Appeals 8
30. Register to be kept 10
13. Revocation of regulation 61 10
14. Amendment of regulation 62 10
15. Amendment of regulation 63 10
16. Revocation of regulation 64 11
17. New regulation 65 substituted 11
65. Property protection or loss mitigation service 11
18. Revocation of regulation 67 11
19. New First Schedule substituted 11
20. Revocation of Second Schedule 12
21. Amendment of Third Schedule 12
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NOTES 13
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1
STATUTORY RULES 1997
S.R. No. 84/1997
Metropolitan Fire Brigades Act 1958
Metropolitan Fire Brigades (General)
(Amendment) Regulations 1997
The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 12 August 1997
Responsible Minister:
BILL McGRATH
Minister for Police and Emergency Services
SHARNE BRYAN
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to make
changes to the Metropolitan Fire Brigades
(General) Regulations 1994 arising from the
amendment of the Metropolitan Fire Brigades
Act 1958 by the Fire Authorities (Amendment)
Act 1997.
2. Authorising provision
These Regulations are made under section 34 of
the Metropolitan Fire Brigades Act 1958.
3. Commencement
These Regulations come into operation on
1 September 1997.
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4. Principal Regulations
In these Regulations the Metropolitan Fire
Brigades (General) Regulations 19941 are called
the Principal Regulations.
5. New regulation 1 substituted
For regulation 1 of the Principal Regulations
substitute—
"1. Objective
The objective of these Regulations is to
provide for—
(a) the management of employees of the
Board; and
(b) the operation and administration of the
Metropolitan Fire and Emergency
Services Appeals Commission; and
(c) fees and charges levied by the Board;
and
(d) other matters authorised by the Act to
be prescribed by regulation.".
6. Revocation of regulation 3
Regulation 3 of the Principal Regulations is
revoked.
7. Definitions
In regulation 4 of the Principal Regulations—
(a) the definitions of "alarm interface unit",
"Brigade Order Book", "firefighter",
"firefighting officer", "member of the
Brigade", "official book", "part paid
firefighter", and "volunteer officer or
member" are revoked;
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(b) for the definition of "appliance" substitute—
' "appliance" means any firefighting or
emergency response vehicle—
(a) which is used by operational staff
members; and
(b) which has a gross weight
exceeding three tonnes;';
(c) after the definition of "appliance" insert—
' "Commission" means the Metropolitan
Fire and Emergency Services Appeals
Commission;
"general order" means a general order
issued under regulation 25;'.
8. Revocation of Divisions 1 and 2 of Part 2
Divisions 1 and 2 of Part 2 of the Principal
Regulations are revoked.
9. Revocation of regulation 18
Regulation 18 of the Principal Regulations is
revoked.
10. New regulation 19(2) substituted
For regulation 19 (2) of the Principal Regulations
substitute—
"(2) With the consent of the Board, the insignia
may be used—
(a) on clothing worn by the Chief Officer,
operational staff or by any other person
acting in the lawful execution of a
power conferred by the Act or these
Regulations; and
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(b) on any other property whatever used for
the purposes of the Act or these
Regulations.".
11. Registration of units
After regulation 19 of the Principal Regulations
insert—
"19A. Registration of units
(1) The Board must maintain a current Register
of all units and operational staff.
(2) A copy of the Register referred to in sub-
regulation (1) must be kept and be accessible
at each place at which an operational staff
member may be based.".
12. New Part 3 substituted
For Part 3 of the Principal Regulations
substitute—
"PART 3—MANAGEMENT OF EMPLOYEES
OF THE BOARD.
Division 1—Appointment
21. Appointments by Board
(1) All applicants for appointment by the Board
must provide the Board with any necessary
authority for the Board to conduct a criminal
record search and any other enquiries about
the applicant relevant to the applicant's
suitability for appointment.
(2) All applicants for appointment by the Board
must satisfy a medical officer approved by
the Board of the applicant's fitness for
service in the role for which the application
is made.
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Division 2—Restrictions on other employment
22. Members of operational staff not to hold
other employment
Subject to section 78E(1) of the Act,
operational staff who are employees of the
Board must not at any time, including
periods of annual leave, long service leave or
sick leave, engage in any employment or
business as an employee or principal other
than his or her employment by the Board if
that employment—
(a) affects the employee's ability to perform
duties as an employee of the Board; or
(b) conflicts with the interests, objectives,
policies or functions of the Board
commercially or otherwise—
unless special permission of the Board is first
obtained.
Division 3—Fitness for duty
23. Fitness for duty
Operational staff members must on the
request of any senior operational staff
member satisfy a medical officer approved
by the Board that they are fit to discharge
their duties.
Division 4—Promotion
24. Conditions of promotion
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(1) Promotion of operational staff must be made
by the Board and be on merit as defined in
section 79P(3) of the Act.
(2) All applicants for promotion must satisfy a
medical officer approved by the Board of the
applicant's fitness for service in the role for
which application for promotion has been
made.
(3) The Chief Officer must give not less than
one month's notice of the intention to accept
applications for promotion to all positions
except senior positions.
(4) Every promotion of a member of the
operational staff must be notified as soon as
practicable to operational staff.
(5) Any promotion made by the Board which is
subject to the jurisdiction of the Metropolitan
Fire and Emergency Services Appeals
Commission becomes effective only after all
appeals in relation to that promotion have
been heard and determined.
Division 5—Discipline
25. General orders
(1) The Chief Officer may issue to operational
staff such general orders as may be desirable.
(2) An operational staff member must comply
with a general order applying to him or her.
(3) The Board must keep a current General
Order Book containing a signed copy of all
general orders issued under sub-regulation
(1).
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(4) A copy of the General Order Book must be
kept and be accessible at each place at which
operational staff members are based.
26. Prohibitions on members
An operational staff member must not—
(a) disobey or fail to carry out a general
order or any lawful order given in the
course of his or her duty whether the
order is in writing or not; or
(b) exceed or misuse the member's
authority; or
(c) wilfully cause or allow loss, damage or
injury to occur to any person or
property; or
(d) whilst on duty partake in or be under
the influence of or affected by any
intoxicating liquor, narcotic,
hallucinogen, medication or substance
which could or is likely to impair, limit
or affect the member's performance of
duty; or
(e) whilst on duty have any of the
substances referred to in paragraph (d)
in his or her possession or at the
workplace; or
(f) act in a manner likely to bring discredit
on the reputation of the Board or
diminish public confidence in it; or
(g) be found guilty of having committed an
indictable offence whilst on duty; or
(h) be found guilty of having committed an
indictable offence under Division 2 of
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Part 1 of the Crimes Act 1958 whilst
not on duty if the offence involved
dishonesty or corruption or intent to
deceive or defraud, or trespass.
27. Charges for offences
(1) If an operational staff member is charged
with an offence under section 78A of the
Act, the member must be given 7 days' notice
in writing of the particulars of the charge and
the time and place of the hearing of that
charge under section 78C of the Act.
(2) The Chief Executive Officer must cause an
operational staff member charged with an
offence to be given notice in writing of the
decision made at the hearing of the charge.
(3) A notice under this regulation may be given
personally or may be served by post on the
member at the member's last known place of
residence.
Division 6—Metropolitan Fire and Emergency
Services Appeals Commission
28. Registrar
(1) The Minister may appoint a Registrar of the
Commission.
(2) The Registrar must keep a record of all
proceedings and decisions of the
Commission.
29. Appeals
(1) Notice of an appeal under section 79H of the
Act must be given to the Registrar in writing
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not later than 14 days after the appellant is
notified of the matter appealed against.
(2) The Commission may, on the application in
writing of an operational staff member,
extend the time for making an appeal where
the Registrar has not received notice of an
appeal in compliance with sub-regulation (1).
(3) A notice may be in the form of an ordinary
letter.
(4) The notice must—
(a) clearly state the grounds of the appeal;
and
(b) give full particulars of every ground on
which the appellant relies.
(5) Copies of—
(a) correspondence or other documents (if
any); and
(b) statements of fact—
relating to the subject matter of the appeal
must be attached to the notice of appeal.
(6) The Registrar must forward to the Board a
copy of the notice of appeal and copies of
any documents or statements attached to the
notice.
(7) The Registrar must refer the appeal to the
Commission.
(8) The Senior Commissioner must advise the
Registrar of the time and place of the hearing
of the appeal.
(9) The Registrar must give the Board and the
appellant not less than 14 days' notice of the
time and place of the hearing of the appeal.
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(10) Notice to the appellant under sub-regulation
(9) may be served by post on the appellant at
the appellant's last known place of residence
or at the address for service specified in the
appellant's notice of appeal.
30. Register to be kept
(1) The Commission must keep a Register in
which the particulars of each appeal and the
Commission's determination are kept.
(2) Every entry in the Register must be signed by
the Senior Commissioner or the
Commissioner who heard the appeal.
(3) When the Commission determines an appeal
it must cause a document recording its
determination and signed by the Senior
Commissioner or the Commissioner who
heard the appeal to be delivered to the Board
and to the appellant.".
13. Revocation of regulation 61
Regulation 61 of the Principal Regulations is
revoked.
14. Amendment of regulation 62
(1) In regulation 62(1)(a) of the Principal Regulations
for "an officer of the Board" substitute "a member
of the operational staff".
(2) In regulation 62 of the Principal Regulations for
"brigade" (wherever occurring) substitute "unit".
15. Amendment of regulation 63
(1) In regulation 63(1) of the Principal Regulations
for "brigade" substitute "unit".
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(2) In regulation 63(2)(e) of the Principal Regulations
for "officers of the Board" substitute "members of
the operational staff".
16. Revocation of regulation 64
Regulation 64 of the Principal Regulations is
revoked.
17. New regulation 65 substituted
For regulation 65 of the Principal Regulations
substitute—
"65. Property protection or loss mitigation
service
Subject to any direction of the Minister
under section 8 of the Act, the charges fixed
by the Board from time to time under section
55C of the Act may be such charges as the
Board thinks fit.".
18. Revocation of regulation 67
Regulation 67 of the Principal Regulations is
revoked.
19. New First Schedule substituted
For the First Schedule to the Principal Regulations
substitute—
"FIRST SCHEDULE
Metropolitan Fire Brigades Act 1958
METROPOLITAN FIRE BRIGADES
(GENERAL) REGULATIONS 1994
Insignia of the Metropolitan Fire and Emergency
Services Board
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"
20. Revocation of Second Schedule
The Second Schedule to the Principal Regulations
is revoked.
21. Amendment of Third Schedule
Items 2, 3 and 4 in the Table to the Third Schedule
to the Principal Regulations are revoked.
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NOTES
1 S.R. No. 174/1994 as amended by S.R. Nos 106/1995, 187/1995 and
4/1997.
Notes
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