Fire Brigades Regulations

Question 1

Clause 11 of the Fire Brigades Regulation (2008) deals with Examinations and Assessments. State the contents of this provision in the Regulations.

Answer 1

11 Examinations and assessments

The Commissioner may set or nominate any examinations or assessments that the Commissioner considers appropriate as a requirement for promotion, transfer or appointment to a position.

Question 2

Clause 15 of the Fire Brigades (2008) Regulation deals with a firefighter’s responsibility to acquire and maintain knowledge of legislation, orders and duties. State the provisions of this clause.

Answer 2

15 Firefighters to acquire and maintain knowledge of legislation, orders and functions

(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.

Question 3

Clause 16 of the Fire Brigades Regulation (2008) refers to honesty and truthfulness. List the responsibilities of firefighters outlined in this clause.

Answer 3

16 Honesty and truthfulness

(1) A firefighter must act honestly and truthfully in the performance of the firefighter’s functions.
(2) In particular, a firefighter must not in the capacity of a firefighter:
(a) wilfully or negligently make a false or misleading statement to a person, or
(b) knowingly make a false or misleading statement in any official record, or
(c) without good or sufficient cause, destroy or mutilate any official record or alter or erase any entry in it, or
(d) fail to account promptly for any money or property that comes into the firefighter’s possession during the course of the firefighter’s functions, or
(e) otherwise be concerned, whether directly or indirectly, in corrupt conduct.

Question 4

Firefighters have a responsibility to obey orders and to act fairly and responsibly. List the provisions of Clause 17 of the Fire Brigades Regulation (2008).

Answer 4

17 Duty to obey orders and act fairly and responsibly

A firefighter must not:

(a) disobey or disregard any lawful order made or given by a person having the authority to make or give the order, or
(b) be disrespectful or insolent to a person in authority over the firefighter, or
(c) abuse the firefighter’s authority by acting oppressively towards a subordinate, or
(d) without good or sufficient reason, be absent from duty or be late for any parade, drill or other required attendance, or
(e) through negligence, carelessness or malice, allow any loss, damage or injury to occur to any person or property, or
(f) fail to report any matter, or make an entry in an official record, that it is the firefighter’s duty to report or make.

Question 5

Clause 18 of the Fire Brigades Regulation (2008) refers to unacceptable behaviour. List the 8 circumstances when a firefighter’s behaviour would be deemed unacceptable

Answer 5

18 Unacceptable behaviour

(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 NSW Fire Brigades, 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 NSW Fire Brigades, or
(h) while on duty, by words or action, harass, intimidate or threaten another firefighter, or
(i) while on duty, by words or action, harass or discriminate against any person on the grounds of sex, marital status, pregnancy, age, ethnic or national origin, physical or intellectual impairment, sexual preference, transgender status, carer’s responsibilities or any other ground in respect of which discrimination is prohibited by the Anti-Discrimination Act 1977 .
(2) The officer in charge of any departmental premises must refuse to permit a firefighter to come on duty if of the opinion that the firefighter is under the influence of alcohol or a drug to the extent that the firefighter is unable to exercise the functions of a firefighter.
(3) In this clause:
“drug” has the same meaning as in the Road Transport (Safety and Traffic Management) Act 1999 (paragraph (a) of the definition of “drug” in the Dictionary to that Act excepted).

Question 6

Clause 19 of the Fire Brigades Regulation (2008) refers to damage or misuse of departmental property. State the provisions of this clause.

Answer 6

19 Damage or misuse of departmental property

(1) A firefighter must not wilfully or negligently damage any departmental property or fail to report promptly any such damage, however caused.
(2) A firefighter must not use departmental property for an unauthorised purpose or be concerned, whether directly or indirectly, in unauthorised use of departmental property.

Question 7

Firefighters are responsible for all items of uniform and personal equipment issued to them. State the provisions of Clause 21 of the Fire Brigades Regulation (2008).

Answer 7

21 Loss or damage to uniform or personal equipment

(1) A firefighter:
(a) must take care of all articles of uniform and personal equipment issued to the firefighter, and
(b) may be required to meet the replacement cost of any article of uniform or equipment damaged or lost through the firefighter’s negligence.
(2) Before a firefighter leaves his or her employment or service, the firefighter must return all departmental property, uniform and equipment that is in the firefighter’s possession, other than any article of uniform or equipment that the Commissioner permits the firefighter to retain.
(3) The Commissioner may require a firefighter who fails to return any such property or who returns it in a damaged condition (other than damage due to fair wear and tear) to pay compensation for the loss or damage.
(4) The amount of any such loss or damage may be offset from any money due to the firefighter with respect to the firefighter’s service.

Question 8

Clause 22 of the Fire Brigades Regulation (2008) deals with solicitation, acceptance or retention of rewards or other benefits. State the provisions of this clause.

Answer 8

22 Solicitation, acceptance or retention of rewards or other benefits

A firefighter must not:

(a) directly or indirectly solicit or accept a reward (whether the reward involves pecuniary gain, material gain, the provision of services, the provision of training or any other benefit) in connection with the exercise of the firefighter’s functions, or
(b) retain any money received as a gratuity or payment from any person, or accept any address, presentation or testimonial, in connection with the firefighter’s official position,

Question 9

Firefighters have responsibilities in terms of their functions. State the provisions of Clause 27 of the Fire Brigades Regulation (2008).

Answer 9

27 Performance of functions

(1) A firefighter must attend such drills as may be appointed by the Commissioner or the officer in charge of the firefighter.
(2) A firefighter must perform all firefighting or other functions that the firefighter is lawfully directed to perform.
(3) A firefighter must serve wherever the firefighter is directed by the Commissioner.

Question 10

Firefighters may need to be recalled to work while off-duty. State the responsibilities of firefighters contained in Clause 28 of the Fire Brigades Regulation (2008).

Answer 10

28 Recall of off-duty firefighters

(1) A firefighter who is off-duty (including a firefighter who is on leave) may be recalled to duty in an emergency unless the firefighter is on sick leave, in court or subject to a subpoena to appear in court.
(2) A firefighter must ensure that the Commissioner is kept aware of where and how the firefighter may be contacted in an emergency.

Question 11

Clause 30 of the Fire Brigades Regulation (2008) deals with the occurrence book. State the provisions of this section.

Answer 11

30 Occurrence book

The officer in charge of a fire station must ensure that:

(a) all events of significance relating to the operation of the fire station, and
(b) all other matters required by this Regulation or the Commissioner’s Orders to be so recorded,

Question 12

Clause 31 of the Fire brigades Regulation (2008) provides regulations for a firefighter to follow when leaving or when absent from a fire station. What are the provisions of this clause?

Answer 12

31 Absence of firefighter from fire station

(1) A firefighter who is on duty at a fire station must not leave the fire station without the permission of the officer in charge of the fire station or, if the firefighter is an officer, a more senior officer.
(2) A firefighter who leaves a fire station must record in the occurrence book the fact of the absence, the reason for the absence and the name of the person giving permission to leave the fire station.
(3) This clause does not apply to a firefighter who leaves the fire station to attend to a fire call or other incident or to engage in official functions away from the fire station.

Question 13

Clause 32 of the Fire brigades Regulation (2008) relates to firefighters driving appliances to emergency incidents. State the responsibilities of the driver when responding to an incident contained in this clause.

Answer 13

32 Operation of fire appliances

When responding to a call to a fire, hazardous material incident or other emergency the driver of a fire appliance must ensure that the appliance’s lights and audible warning devices are operated to give the best practicable warning to the public.

Question 14

The responsibilities of firefighters on fire duty and watch duty are contained in Clause 33 of the Fire Brigades Regulation (2008). State these responsibilities.

Answer 14

33 Security on fire duty and watch duty

A firefighter on fire duty or watch duty at the site of a fire, hazardous material incident or other emergency must:

(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.

Question 15

List the circumstances where are a permanent firefighter may be suspended from duty as contained in clause 37, Fire Brigades Regulation (2008), Suspension of Firefighter.

Answer 15

37 Suspension of firefighter

(1) An officer authorised by the Commissioner for the purposes of this clause may suspend a firefighter from duty if:
(a) the officer is of the opinion that the firefighter is guilty of misconduct, or
(b) the firefighter is taken into lawful custody.
(2) A firefighter may be suspended under subclause (1) whether or not a complaint of misconduct has been made against the firefighter.
(3) A firefighter may not be suspended unless all reasonable steps have been taken to ensure that the firefighter has been informed of the reason for the suspension and has been given an opportunity to respond.
(4) A suspension under this clause has effect for the period (not exceeding 14 days) specified by the authorised officer and may be terminated at any time by the Commissioner.
(5) If a suspension relates to the absence from duty of a firefighter without authority, the suspension is taken to have commenced when the unauthorised absence began, unless the Commissioner determines otherwise.
(6) An officer who suspends a firefighter must, as soon as practicable, report the suspension and the reason for it to the Commissioner.

Question 16

Clause 46 of the Fire Brigades Regulation (2008) is headed “Disciplinary Action by Commissioner”. The Commissioner may deal with a fire-fighter who has been found guilty of misconduct. State the range of actions and penalties that may be imposed.

Answer 16

46 Disciplinary action by Commissioner

(1) The Commissioner, after considering a report in which a firefighter is found guilty of misconduct and any submission made by or on behalf of the firefighter, may deal with the matter in any one or more of the following ways:
(a) by taking remedial action against the firefighter,
(b) by giving the firefighter a caution or reprimand,
(c) by imposing on the firefighter a fine not exceeding 10 penalty units,
(d) by revoking the firefighter’s appointment to a position,
(e) by demoting the firefighter,
(f) by terminating the employment or service of the firefighter.
(2) The Commissioner must remove any record of disciplinary action taken under subclause (1) (a), (b) or (c) from a firefighter’s personal record if the firefighter has been of good behaviour for at least 2 years since the taking of the action.
(3) The Commissioner may suspend disciplinary action taken against a firefighter under subclause (1) (b), (c), (d) or (e) for a period not exceeding 2 years on condition that the firefighter is of good behaviour during that period.
(4) If a firefighter fails to do anything that is required of the firefighter by the remedial action taken under subclause (1) (a), the Commissioner may deal with the firefighter in any other manner referred to in subclause (1).
(5) The Commissioner may permit a firefighter to resign instead of taking disciplinary action under subclause (1) (f).

Question 17

Clause 5 of the Fire Brigades (2008) Regulation deals with the NSW Fire Brigades area of operations. State the provisions of this clause.

Answer 17

5 Areas of operation

(1) The Commissioner is to assign to each fire brigade a fire district or part of a fire district within which the brigade is responsible for preventing and extinguishing fires.
(2) A brigade may operate beyond the area assigned to it, and must do so in accordance with the Commissioner’s Orders.

Question 18

18. 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 (2008) Clause 23, Disclosure of information

Answer 18

23 Disclosure of information

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.

Question 19

Fire Brigades Regulation (2008) Clause 12, deals with the reasons why the Commissioner may terminate a firefighters appointment as a firefighter or as a firefighter of a particular rank. State these reasons.

Answer 19

12 Termination of appointment

(1) The Commissioner may terminate a firefighter’s appointment as a firefighter:
(a) if the firefighter is no longer medically or psychologically fit to exercise the functions of a firefighter, or
(b) if the firefighter is no longer a suitable person to exercise the functions of a firefighter.
(2) The Commissioner may, without limiting subclause (1), terminate a firefighter’s appointment as a firefighter of a particular rank:
(a) if the firefighter is no longer medically or psychologically fit to exercise the functions of a firefighter of that rank, or
(b) if the firefighter is no longer a suitable person to exercise the functions of a firefighter of that rank, or
(c) at the firefighter’s own request.
(3) The Commissioner may, without limiting subclause (1), terminate a firefighter’s appointment as a firefighter of a particular position:
(a) if the firefighter is no longer medically or psychologically fit to exercise the functions of a firefighter of that position, or
(b) if the firefighter is no longer a suitable person to exercise the functions of a firefighter of that position, or
(c) at the firefighter’s own request.
(4) The Commissioner may also terminate the services of any retained firefighter who, except when on approved leave or other authorised absence:
(a) for 3 consecutive months fails to attend drills appointed by the Commissioner or the officer in charge of the firefighter, or
(b) fails to attend the approved number or proportion of drills, fires or other incidents in any period of 6 months.
(5) The Commissioner must terminate the appointment of a firefighter who is not an Australian citizen or who ceases to satisfy or does not satisfy the requirements of clause 9 (2) (e) or 10 (2) (e).

Question 20

The Fire Brigades Regulation (2008) Clause 25, deals with activities carried out by a firefighter outside of their role as a firefighter. What activities must a firefighter not engage in, outside of their firefighter’s duties?

Answer 20

25 Incompatible activities

A firefighter must not engage in any activity outside the firefighter’s functions as a firefighter if to do so would be incompatible with the performance of those functions.

Question 21

Firefighters have responsibilities in relation to “Public comment on administration”. State the provisions of Clause 24 of the Fire Brigades Regulation (2008).

Answer 21

A firefighter must not comment publicly on the administration of NSW Fire Brigades, except with the approval of the Commissioner.

Question 22

Clause 38 of the Fire Brigades Regulation (2008) contains the disciplinary provisions for “Commissioner to deal with suspension”. State these provisions.

Answer 22

38 Commissioner to deal with suspension

(1) After considering the report submitted by an officer who has suspended a firefighter and any submission made by or on behalf of the firefighter, the Commissioner may, by order, confirm or terminate the suspension.
(2) The Commissioner may not confirm a suspension unless proceedings have been initiated (whether under this Part or otherwise) in respect of the matters giving rise to the suspension.
(3) Any suspension confirmed under this clause has effect for the period specified in the relevant order and may be terminated at any time by the Commissioner.