Fire Manual 1

Question 1

Interfering with fire alarms

Penalty: Fine Only, Summons CANNOT ARREST

Answer 1

S88(1)(d)
Everyone who, unlawfully interferes with any fire alarm.

S88(1)(e)
Everyone who, knowingly covered up, enclosed or concealed any hydrant, so as to make its position difficult to ascertain.

S88(1)(f)
Everyone who, knowingly obliterated or removed any mark, sign or letter used to indicate the position of or to distinguish any hydrant.

S88(1)(g)
Everyone who, with intent to deceive, impersonated a member of the fire service, volunteer fire brigade, defence fire brigade, or industrial fire brigade.

Question 2

Resisting or obstructing the commission

Penalty: Imprisonment under S88(1) of Fire Services Act 1975 and can arrest under S88(2) of FSA 1975.

Answer 2

S88(1)(a)
Everyone who, resisted, deceived or knowingly obstructed the commission of any person in the exercise or attempted exercise of any power, or performance, or attempted performance of any function or duty, conferred or imposed by this act.

S88(1)(b)
Everyone who, unlawfully interfered with any equipment at, or in the vicinity of, a fire, suspected fire or other emergency.

S88(1)(c)
Everyone who, knowingly gave or caused to be given, any false alarm of fire.

Question 3

Doing dangerous act with intent (1)

Act / Section / Elements

Answer 3

Crimes Act 1961
Section 198(1)

1. Everyone who
2. With intent to do GBH

a) Discharges any firearm, airgun or other similar weapon at any person; or
b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance; or
c) Sets fire to any property

Question 4

Doing dangerous act with intent (2)

Act / Section / Elements

Answer 4

Crimes Act 1961
Section 198(2)

1. Everyone who
2. With intent to injure or with reckless disregard for the safety of others

a) Discharges any firearm, airgun or other similar weapon at any person; or
b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance; or
c) Sets fire to any property

Question 5

SA - Who is in charge while the fire is being fought?

Answer 5

Person in charge of the fire service.

Question 6

SA - What rights do the person in charge of the fire service have?

Answer 6

• Enter private property if on fire, endangered, or entry is essential to perform necessary duty.
• Close roads.
• Remove vehicles impeding them and break into vehicles if necessary.
• Remove people in danger or interfering with operations, using reasonable force if necessary.
• Anything else reasonably necessary to protect life and property.

POLICE MAY EXERCISE THE ABOVE POWERS ONLY IF CALLED UPON BY PIC OF FIRE SERVICE.

Question 7

SA - What does the memorandum of understanding wish to ensure?

Answer 7

• Investigations of fire scenes by Fire Service and Police are efficiently coordinated, and expertly and independently conducted; and
• Relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries.

Question 8

MC - When will the Fire Service notify Police?

Answer 8

If a fire is considered suspicious or results in serious injury or death.

Question 9

SA - What is a Fire Investigations Liaison Officer’s role? (FILO)

Answer 9

• Attend all fires resulting in serious injury or death
• Coordinate fire investigations
• Arrange Police attendance at fires if required
• Maintain effective relationships with Fire Service Investigation Liaison Officers (FSILO) and Fire Service Specialist Investigators
• Assist district with fire investigation related queries
• Coordinate fire investigation training within district

Question 10

SA - What will Specialist Fire Investigators attend?

Answer 10

• Fatal fires
• Serious injury fires
• Suspicious/undetermined fires
• Significant fire spread across property boundary
• Fires where safety features have failed
• Fires requiring 6 + appliances which may have significant regional or national consequences