FRV ACT Flashcards
31A Delegation of powers by Fire Rescue Commissioner
The Fire Rescue Commissioner may, by written instrument, delegate to any person by name or to the holder of an office or position, either generally or as otherwise provided by the instrument, any power or authority conferred on the Fire Rescue Commissioner under this Act or the regulations or under any other Act or any regulations under that Act, except this power of delegation.
32 Powers of access
32 Powers of access
Within the Fire Rescue Victoria fire district Fire Rescue Victoria or any person authorized for the purpose by Fire Rescue Victoria shall at all reasonable times have free access to any land building premises or other place for the purpose of ascertaining whether this Act and the regulations and any other law relating to—
(a) the storage of explosives;
(b) the storage of radioactive substances;
(c) the storage of inflammable liquids or substances; and
(d) the prevention of fire or the protection of life or property in the case of fire—
are being complied with.
32AA Duty to warn the community
32AA Duty to warn the community
(1) Fire Rescue Victoria must issue warnings and provide information in relation to fires in the Fire Rescue Victoria fire district if—
(b) Fire Rescue Victoria considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property.
(2) Fire Rescue Victoria must have regard to any guidelines, procedures or operating protocols issued by the Emergency Management Commissioner under section 44 of the Emergency Management Act 2013 for the purposes of carrying out a duty under subsection (1)
32A Meaning of alarm of fire
32A Meaning of alarm of fire
In sections 32B, 32C and 32D, alarm of fire means any call for assistance at a fire, accident, explosion or other emergency.
32B Action on alarm of fire
32B Action on alarm of fire
(1) For the purposes of this section, Fire Rescue Victoria is responsible for the control and direction of all members of units in the Fire Rescue Victoria fire district.
(2) On an alarm of fire being received by a unit, those members of the unit specified by Fire Rescue Victoria must, with the appliances and equipment specified by Fire Rescue Victoria, proceed with all practical speed to the scene of the alarm of fire.
(3) At the scene of an alarm of fire the senior member of the operational staff—
(a) shall endeavour by all practical means to have any fire suppressed and any person or property in jeopardy saved;
(b) shall have the control and direction of any unit present and of all persons assisting any unit or units at the scene;
(c) may, for the purposes of dealing with any alarm of fire, cause—
(i) any land building structure vessel or vehicle to be entered upon or into (if necessary by force), taken possession of, shored up, pulled down, otherwise destroyed or removed;
(ii) any vehicle or equipment to be taken through upon or into any land building structure vessel or vehicle;
(iii) water to be shut off from any main pipe or other source of supply in order to obtain a greater pressure or supply of water; and
(iv) any road waterway railway or tramway to be closed to traffic or any main pipeline conduit or conductor of gas electricity oil or any source of power fuel or energy to be shut off;
(d) may order to withdraw any persons who interfere by their presence or otherwise with the operation of the unit or units, and cause to be removed any persons who fail or refuse to comply with any such order to withdraw; and
(e) may take such other measures as appear necessary for the protection of life and property.
(4) A person shall not be liable to any penalty or claim by reason of any action taken under subsection (3)(c)(iii) or (iv).
(5) Where the scene of an alarm of fire is land which by virtue of section 4(2) is part of the Fire Rescue Victoria fire district, or is a vessel berthed adjacent to such land, the senior member of the operational staff shall so far as practicable consult with an officer of Ports Victoria (within the meaning of the Transport Integration Act 2010) designated for that purpose by Ports Victoria.
(5A) For the purposes of this section, an alarm of fire from the Emergency Services Telecommunications Authority (within the meaning of the Emergency Services Telecommunications Authority Act 2004) is to be taken not to have been received by a particular unit until a message in the prescribed form is received by the unit from the Authority
(6) In this section, senior member of the operational staff, in relation to the scene of an alarm of fire, means the person determined in accordance with the directions of Fire Rescue Victoria to be the senior member of the operational staff at the scene.
33 False report of fire
33 False report of fire
(1) A person must not give or cause to be given a false report of a fire to a unit in the Fire Rescue Victoria fire district knowing the report to be false.
Penalty: 60 penalty units.
(2) In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under subsection (1) to pay to Fire Rescue Victoria—
(a) the fees and charges prescribed for the attendance of the unit in response to the false report; or
(b) a lesser amount as the court thinks fit.
54 Damage to be covered by fire insurance
54 Damage to be covered by fire insurance
(1) This section applies if, in the exercise of any power or the performance of any duty conferred or imposed by or under this Act, damage to property is caused by—
(a) the Fire Rescue Commissioner; or
(b) an officer or member of—
(i) a unit; or
(ii) an interstate fire brigade; or
(iii) an international fire brigade; or
(c) a unit; or
(d) an interstate fire brigade; or
(e) an international fire brigade; or
(f) a State Response Controller (within the meaning of section 3 of the Emergency Management Act 2013) or any controller appointed or deployed under section 37 of that Act.
54A Immunity from certain liabilities
54A Immunity from certain liabilities
The Fire Rescue Commissioner, any member of a unit and any officer or member of an interstate fire brigade or international fire brigade are not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the discharge of a duty under section 32B, 32C, 55, 55A, 55B, 55C, 55D or 55E; 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 that section.
55E Activities outside Fire Rescue Victoria fire district
55E Activities outside Fire Rescue Victoria fire district
(1) Where Fire Rescue Victoria or any unit receives from any person or any body established by or under any Act or law of this or any other State or of a Territory of the Commonwealth for the prevention and suppression of fire a request for assistance in preventing or suppressing a fire in some place outside the Fire Rescue Victoria fire district (whether within Victoria or not) or in protecting life or property in any such place a unit may attend at that place and, subject to the direction and control of the person or body requesting the assistance and having authority in that place, may engage in the prevention or suppression of fire or the protection of life and property in that place.
(2) Where Fire Rescue Victoria or any unit receives from any person or body established by or under any Act or law of this or any other State or of a Territory of the Commonwealth to perform a function of the type specified in section 55, 55A, 55B or 55C a request for assistance in performing that function in some place outside the Fire Rescue Victoria fire district (whether within Victoria or not) the unit may attend at that place and, subject to the direction and control of the person or body requesting the assistance and having authority in that place, may perform that function in that place.
(3) If the Minister directs Fire Rescue Victoria to provide an emergency prevention or response service at a place outside the Fire Rescue Victoria fire district (whether within Victoria or not), Fire Rescue Victoria may attend at that place and, subject to the direction and control of the person having authority in that place, may provide that service in that place.
(4) The powers and authorities conferred by this Act on the Fire Rescue Commissioner and Fire Rescue Victoria in respect of the Fire Rescue Victoria fire district may be exercised by the Fire Rescue Commissioner and Fire Rescue Victoria, or any member in charge of any unit or units present at a place in the country area of Victoria if—
(a) at that place—
(i) a fire is burning; or
(ii) there is a danger of a fire occurring; or
(iii) a fire has been recently extinguished; and
(b) an officer or member of the Country Fire Authority—
(i) is not present at that place; or
(ii) is unable to exercise those powers and authorities.
(5) In subsection (4)—
country area of Victoria has the same meaning as in section 3(1) of the Country Fire Authority Act 1958;
Country Fire Authority means the Country Fire Authority established under Part I of the Country Fire Authority Act 1958…
58 Removal of persons from burning premises
58 Removal of persons from burning premises
(1) A member of a unit or a police officer may order any person who is not a member of a unit or who is not acting under the control or direction of a member of a unit to withdraw from any premises then burning or which are threatened by fire.
(1A) A person must comply immediately with an order given to the person under subsection (1).
(2) If such person neglects or refuses to so withdraw he may be forcibly removed by order of any such member.
(3) Nothing herein contained shall authorize the removal from any such premises of any person having any pecuniary interest therein or in any goods or valuables whatsoever thereon.
59 Rights to water
59 Rights to water
Fire Rescue Victoria, its operational staff and any unit registered under this Act shall have the use of all water mains water plugs valves pipes vested in or belonging to the Melbourne and Metropolitan Board of Works or any public or municipal corporation or local body whatsoever and of all water therein or in any well or tank free of charge for the purpose of extinguishing any fire or for the purpose of drills competitions and practice conducted under the authority of Fire Rescue Victoria.
61 Police to aid Units
61 Police to aid Units
(1) Every police officer present at any fire must support and assist the senior member of the operational staff at the scene—
(a) in the maintenance of the senior member’s authority; and
(b) in enforcing compliance by all persons with any order given by the senior member in the execution of his or her duty.
(2) All police officers are authorised and required to aid units in the execution of their duties.
(3) For the purpose of subsection (2), police officers may—
(a) close any street in or near which a fire is burning; and
(b) of their own volition or at the request of the senior member of the operational staff at the scene, remove any persons who interfere by their presence or otherwise with the operations of the unit.
(4) In this section senior member of the operational staff has the same meaning as it has in section 32B.
78A Offences by officers or members
78A Offences by officers or members
A member of the operational staff who is—
(a) guilty of any breach of the regulations;
(b) guilty of any misconduct;
(c) negligent or careless in the discharge of his duties;
(d) inefficient or incompetent and such inefficiency or incompetence arises from causes within his own control; or
(e) guilty of any disgraceful or improper conduct—
shall be guilty of an offence.
94D Power of Fire Rescue Victoria to close roads
94D Power of Fire Rescue Victoria to close roads
(1) This section applies—
(a) if there is a fire or a threat of a fire anywhere within the Fire Rescue Victoria fire district; and
(b) regardless of whether the fire—
(i) was lit under and in accordance with this Act or a direction or permit under this Act; or
(ii) is part of burning-off operations carried out under and in accordance with this Act; or
(iii) was lit under and in accordance with the Forests Act 1958 or any direction or authority given under that Act.
(2) Fire Rescue Victoria may, for the purpose of protecting life, property or the environment, or if, in the opinion of Fire Rescue Victoria, smoke from a fire impairs visibility on any road to such an extent that the safety of any persons using the road is endangered—
(a) close any road or part of any road affected, or likely to be affected, as a consequence of a fire or smoke from a fire; and
(b) direct traffic on any road in the vicinity of the closed road or closed part of a road.
(3) The power conferred on Fire Rescue Victoria by subsection (2) is exercisable by—
(a) Fire Rescue Victoria; or
(b) a person authorised by Fire Rescue Victoria for the purposes of this subsection who is present at the fire.
(4) The power conferred by this section is in addition to, and not in derogation from, the powers and authorities conferred on Fire Rescue Victoria or any person by or under this Act or any other Act.
