Acts and Regs Flashcards

1
Q

Complete the following in relation to the Fire and Rescue NSW Act 1989 Part 3, Division 1, Section 11 Brigades to proceed with speed to suspected fires or hazardous material incident………?

A

(1) When there is an alarm of fire, a fire brigade must, despite anything to the contrary in any Act, proceed with all speed to the fire and try by all possible means to extinguish it and save any lives and property that are in danger.

(2) When there is a report of a hazardous material incident, a fire brigade must, despite anything to the contrary in any Act—

(a) proceed with all speed to the site of the incident, and

(b) try by all possible means to render the site of the incident safe and save any lives and property that are in danger.

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2
Q

Complete the following in relation to the Fire and Rescue NSW Act 1989 Part 3, Division 1, Section 12 of the FRNSW Act, Investigation of reported fires and Hazardous material incident………?

A

(1) The officer in charge may, with or without members of a fire brigade, enter any place—

(a) in respect of which an alarm of fire is raised to ascertain whether there is a fire at the place, or

(b) in respect of which a report of a hazardous material incident has been made to ascertain whether there is any hazardous material at the place that is, or is about to be, the subject of a hazardous material incident.

(2) Reasonable force, whether by breaking down gates or fences or breaking open doors or otherwise, may be used to gain entry.

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3
Q

Section 13, of the FRNSW Act states the “General Powers of Officers at fires and hazardous material incidents”. State this provision.  

A

(1) At a fire, the officer in charge—

(a) may take such measures as the officer thinks proper for the protection and saving of life and property and for the control and extinguishing of the fire, and

(b) is to control and direct the operations of any fire brigade.

(1A) At the site of a hazardous material incident, the officer in charge—
(a) may take such measures as the officer thinks proper for the protection and saving of life and property, for confining and ending the incident and for rendering the site safe, and

(b) is to control and direct the operations of any fire brigade.
The site is taken to be such area in the vicinity of the incident as is for the time being determined by the officer in charge.

(2) If the fire is a bush fire (including a grass fire), the officer in charge is, as far as practicable, to carry into effect any plan of operations in force under section 52 of the Rural Fires Act 1997 in relation to the place where the fire occurs.

(3) The following provisions of this Division are intended to be particular examples of the way in which functions under this section can be exercised and are not intended to limit the generality of this section.

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4
Q

Section 19 of the FRNSW Act lists the powers at fires and hazardous material incidents. State

A

The officer in charge at a fire or hazardous material incident may cause to be removed any person, vehicle, vessel or thing the presence of whom or which at or near a fire or hazardous material incident might, in the officer’s opinion, interfere with the work of any fire brigade or the exercise of any of the officer’s functions.

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5
Q

At an incident that has been declared a crime scene, a member of the public seeks details from you, the senior firefighter/officer on duty, about the incident. State your response according to the Fire Brigades Regulation (2014) Clause 22, Disclosure of information.

A

A firefighter must not disclose any information obtained in the firefighter’s capacity as a firefighter unless the disclosure is made:

(a) in the exercise of the firefighter’s functions, or

(b) about factual matters that are generally available to the public, or

(c) by an approved firefighter to media representatives concerning operations at a fire or other incident, or

(d) at the direction or with the permission of the Commissioner, or

(e) with other lawful excuse.

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6
Q

Section 17 of the Fire Brigades Regulation (2014) refers to unacceptable behaviour. List five circumstances when a firefighter’s behaviour would be deemed unacceptable.

A

(1) A firefighter must not:

(a) come on duty while under the influence of alcohol or a drug, or

(b) while on duty, consume, use or possess any alcohol or drug, or

(c) while on duty, gamble in circumstances that adversely affect the discipline or efficiency of Fire and Rescue NSW, or

(d) smoke at a fire or drill, in any departmental premises or in any departmental vehicle, or

(e) smoke in any public place while in uniform, or

(f) while off duty, enter or remain on departmental premises without authority, or

(g) while on or off duty, by words or action, behave in a manner that is subversive of discipline or calculated to bring discredit on Fire and Rescue NSW, or

(h) while on duty, by words or action, harass, intimidate or threaten another firefighter

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7
Q

Fire Brigades Regulation, Part 3, Section 14: Firefighters to acquire and maintain knowledge of legislation, orders, and functions. List the provisions.

A

(1) A firefighter must acquire and maintain a thorough knowledge of, and must comply with the requirements of, the Act, this Regulation and the Commissioner’s Orders.

(2) A firefighter must acquire and maintain the knowledge and skills that are relevant to the performance of the firefighter’s functions.

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8
Q

In New South Wales, Emergency Services carry out land-based rescues under what Act?

A

SERM Act
State Emergency and Rescue Management Act 1989

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9
Q

As stated in the SERM Act,1989 who is responsible for coordinating rescue operations and for determining the priorities of action to be taken in rescue operations?

A

The NSW Police force

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10
Q

Sexual Harassment is against the law and never acceptable. FRNSW adopts the legal definition of sexual harassment as per the Anti- Discrimination Act 1977. What constitutes sexual harassment as described in the Act?

A

For the purposes of this Part, a person sexually harasses another person if—
(a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person, or
(b) the person engages in other unwelcome conduct of a sexual nature in relation to the other person, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated.

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11
Q

According to the FRNSW Act 1989, what is the definition of a hazardous material incident?

A

means an actual or impending land-based spillage or other escape of hazardous material that causes or threatens to cause injury or death or damage to property.

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12
Q

You are performing a fire duty after a fire at a factory. The cause is yet to be determined; the Fire Investigation and Research Unit (FIRU) and Police are at work. An employee asks if he can go and retrieve some personal belongings. According to Part 3 Section 32 of the Fire Brigades Regulation 2014, what is your correct course of action?

A

(a) ensure that:
(i) any premises at the site are not entered, and
(ii) goods are not interfered with or removed from any such premises, otherwise than by persons who can establish their identity and authority to do so, and
(b) report any breach of security to the officer in charge at the site.

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13
Q

Under the FRNSW Act 1989, define flammable matter?

A

(a) any substance capable of ignition or combustion by the application of heat, by means of sparks or spontaneously, and
(b) any substance prescribed as flammable for the purposes of this definition.

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14
Q

You are the Incident Commander at a hazardous materials incident and find wastewater coming from an adjoining business is entering the Hot Zone and spreading contaminants. You order this water supply to be shut off, but the business owner next door complains that he will lose money by shutting down production.
What are your general powers in this situation as stipulated under the FRNSW Act?

A

Use of water etc
The officer in charge at a fire or hazardous material incident may, for the purpose of extinguishing or controlling a fire or confining or ending the incident or rendering the site of the incident safe, without payment:
(a) use or cause to be used any water mains, pipes and hydrants and any water in them or in any well, tank or stream, and
(b) cause water to flow into or be shut off from any main or pipe.

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15
Q

You are the Officer in Charge at a hazardous materials incident, and the site manager is failing to cooperate. You advise the site manager of your authority to enter and operate under the FRNSW Act, what does it state?

A

22 Authority to enter land and buildings
The Commissioner is authorised to enter, by his or her agents, any land, building or vessel where any fire or hazardous material incident has occurred and to retain possession of the land, building or vessel for a reasonable time or until an inquest or inquiry has been held relating to the fire or incident.

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