Country Fire Authority (Volunteer Protection and Community Safety) Act 2003
i
Country Fire Authority (Volunteer Protection and
Community Safety) Act 2003
Act No. 17/2003
TABLE OF PROVISIONS
Section Page
1. Purpose 1
2. Commencement 2
3. New section 30A inserted 2
30A. Authorisation of certain persons 2
4. Section 38A amended to clarify the meaning of "properly
constructed fireplace" 3
5. New section 39E inserted—Prohibition of high fire risk activities 3
39E. Prohibition of high fire risk activities 3
6. Amendment of section 40—total fire bans 4
7. Amendment of section 40 to provide for exemption permit for
community charity organisations 5
8. Amendment of section 60—simplification of process 5
9. Amendment of section 64—limit on amount of compensation
to be determined by the Authority 5
10. Sections 92 and 92A substituted—Immunity provision 6
92. Immunity provision 6
11. Section 95 substituted—Immunity provision for persons acting
under certain circumstances 7
95. Immunity provision for persons acting under certain
circumstances 7
12. New section 99B inserted—Special Recognition Award 7
99B. Special Recognition Award 7
13. Amendment of section 110 in relation to the compensation
scheme under the Regulations 8
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ENDNOTES 10
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1
Country Fire Authority (Volunteer
Protection and Community Safety) Act
2003 †
[Assented to 13 May 2003]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Country
Fire Authority Act 1958 to improve protection
for volunteers and to enhance community safety.
Victoria
No. 17 of 2003
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2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Sections 13(1) and 13(2) are deemed to have
come into operation on 30 June 1992.
3. New section 30A inserted
After section 30 of the Country Fire Authority
Act 1958 insert—
"30A. Authorisation of certain persons
(1) This section applies to the following
persons—
(a) a forest officer;
(b) a person employed under section 18 or
19 of the Parks Victoria Act 1998;
(c) a person employed in the Department
of Sustainability and Environment
under Part 3 of the Public Sector
Management and Employment Act
1998 by the Agency Head of that
Department within the meaning of that
Act.
(2) A person to whom this section applies may
exercise the powers of the Chief Officer
under section 30—
(a) at the direction of—
(i) a part-time officer or member; or
(ii) a permanent officer or member; or
(iii) a volunteer officer or member; or
s. 2
See:
Act No.
6228/1958.
Reprint No. 10
as at
24 May 2001
and
amending
Act Nos
50/1989,
27/2001,
32/2001,
9/2002 and
49/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
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(b) if the person believes that there is an
imminent risk of fire occurring or a fire
is burning in the country area of
Victoria and none of the persons
referred to in paragraph (a) are present
at the scene.".
4. Section 38A amended to clarify the meaning of
"properly constructed fireplace"
After section 38A(1) of the Country Fire
Authority Act 1958 insert—
'(1A) For the purposes of sub-section (1),
"properly constructed fireplace" means a
fireplace that is constructed of stone, metal,
concrete or any other non-flammable
material so as to contain the perimeter of the
fire.'.
5. New section 39E inserted—Prohibition of high fire
risk activities
After section 39D of the Country Fire Authority
Act 1958 insert—
"39E. Prohibition of high fire risk activities
(1) A person must not—
(a) conduct; or
(b) engage in the conduct of—
a high fire risk activity in the open air in the
country area of Victoria during a fire danger
period except in accordance with the
regulations.
Penalty: 50 penalty units or imprisonment
for 12 months or both.
s. 4
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(2) Regulations made under this Act may—
(a) prescribe an activity to be a high fire
risk activity for the purposes of this
section;
(b) prescribe conditions subject to which a
person may conduct or engage in the
conduct of a high fire risk activity
specified in the regulations in the open
air in the country area of Victoria
during a fire danger period;
(c) provide that a person may conduct or
engage in the conduct of a high fire risk
activity specified in the regulations in
the open air in the country area of
Victoria during a fire danger period in
accordance with a permit granted under
the regulations which permits that
specified high fire risk activity.".
6. Amendment of section 40—total fire bans
(1) After section 40(2) of the Country Fire
Authority Act 1958 insert—
"(2A) The Authority may transmit by electronic
means a declaration or any amendment
or revocation of a declaration to a
broadcasting station for broadcasting under
sub-section (2).".
(2) After section 40(14) of the Country Fire
Authority Act 1958 insert—
"(15) In any proceedings for an offence against
this section, it is sufficient for the purposes
of sub-section (13), if a certificate purporting
to be signed by the Chief Executive Officer
is given to which is attached a copy of the
declaration, or any amendment of the
declaration, made by the Authority and
s. 6
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transmitted under sub-section (2A) to a
broadcasting station for broadcasting.".
7. Amendment of section 40 to provide for exemption
permit for community charity organisations
(1) After section 40(4E) of the Country Fire
Authority Act 1958 insert—
'(4F) For the purposes of sub-section (4E),
"person" includes a community charitable
organisation.'.
(2) In section 40(5) of the Country Fire Authority
Act 1958, after "work of a" insert "community
charitable organisation,".
8. Amendment of section 60—simplification of process
In section 60 of the Country Fire Authority Act
1958, for "upon the recommendation of the
Authority" substitute "under this Act".
9. Amendment of section 64—limit on amount of
compensation to be determined by the Authority
(1) In section 64(2) of the Country Fire Authority
Act 1958, for "prescribed allowance" substitute
"amount fixed by a general determination of the
Authority".
(2) After section 64(2) of the Country Fire
Authority Act 1958 insert—
"(2A) A general determination made under sub-
section (2)—
(a) must be published in the Government
Gazette; and
(b) has effect from the date that it is
published in the Government Gazette;
and
(c) continues in force until it is revoked by
a subsequent general determination.".
s. 7
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10. Sections 92 and 92A substituted—Immunity provision
For sections 92 and 92A of the Country Fire
Authority Act 1958 substitute—
"92. Immunity provision
(1) This section applies to—
(a) the Chief Officer;
(b) any officer exercising the powers of the
Chief Officer;
(c) any officer or member of any brigade
or group of brigades or an interstate fire
brigade;
(d) a volunteer auxiliary worker;
(e) a person to whom section 30A applies.
(2) A person to whom this section applies 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 sub-section (2)
attach to a person to whom this section
applies attaches to the Authority.".
s. 10
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11. Section 95 substituted—Immunity provision for
persons acting under certain circumstances
For section 95 of the Country Fire Authority
Act 1958 substitute—
"95. Immunity provision for persons acting
under certain circumstances
(1) A person complying with any direction given
under this Act is not personally liable for any
thing done or omitted to be done in
accordance with the direction and in good
faith.
(2) A person requesting or consenting to the
doing of any act, matter or thing by the
members of a brigade is not personally liable
for any thing done or omitted to be done—
(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 sub-section (1)
or (2) attach to a person to whom sub-section
(1) or (2) applies attaches to the Authority.".
12. New section 99B inserted—Special Recognition
Award
After section 99A of the Country Fire Authority
Act 1958 insert—
"99B. Special Recognition Award
(1) The Authority may award a Special
Recognition Award to a brigade in
recognition of—
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(a) outstanding community service; or
(b) other significant activities performed by
the brigade which have had a positive
impact on an individual or a group or
the community as a whole.
(2) The Authority may—
(a) make an award at its discretion; or
(b) by public notice seek nominations from
members of the public.
(3) A person may at any time nominate a
brigade to the Authority for consideration for
an award under this section.".
13. Amendment of section 110 in relation to the
compensation scheme under the Regulations
(1) For section 110(1)(g) of the Country Fire
Authority Act 1958 substitute—
"(g) for the establishment of a compensation
scheme for persons who are—
(i) volunteer officers; or
(ii) members of a brigade; or
(iii) not formally enrolled as members of a
brigade but have applied for
membership and are performing the
duties performed by members of a
brigade;
(ga) for the payment of compensation to a person
specified in paragraph (g) in the case of an
incident causing—
(i) personal injury to; or
s. 13
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(ii) destruction, damage or loss of personal
property owned by, or in the possession
or control of—
that person;
(gb) for the payment of compensation to the
spouse, domestic partner, family and
dependents of a person specified in
paragraph (g) in the case of an incident
causing the death of that person;".
(2) Section 110(4) of the Country Fire Authority
Act 1958 is repealed.
(3) After section 110(5) of the Country Fire
Authority Act 1958 insert—
"(6) The Country Fire Authority Regulations
1992, Statutory Rule No. 180/1992, are
deemed to have been made under this section
as amended by sections 13(1) and 13(2) of
the Country Fire Authority (Volunteer
Protection and Community Safety) Act
2003.".
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s. 13
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 19 March 2003
Legislative Council: 6 May 2003
The long title for the Bill for this Act was "to amend the Country Fire
Authority Act 1958 to improve protection for volunteers and to enhance
community safety."
Endnotes
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