FRV ACT 1958 Flashcards
Section 32
Section 32 - Powers of Access (Powers of the Chief)
Within the FRV Fire District FRV or any person authorised for the purpose by FRV shall at all reasonable times have free access to and 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
*ON 23/24 EXAMS
32AA - Duty to warn the community
(1) Fire Rescue Victoria must issue warnings and provide information in relation to fires in the FireRescue Victoria fire district if—
- (b) FireRescue 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
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
(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 (ifnecessary 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 whichby 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 consultwith 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 Triple Zero Victoria 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 Triple Zero Victoria.
(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.
*ON 23/24 EXAMS
32B 3(C) Action on 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 (ifnecessary 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.
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.
(2) The damage is taken to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged.
(3) Subsection (2) applies despite any clause or condition to the contrary contained in the policy of insurance.
*ON 23/24 EXAMS
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.
*ON 23/24 EXAMS
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.
*ON 23/24 EXAMS
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.
*ON 23/24 EXAMS (3 a & b)
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 section32B.
*ON 23/24 EXAMS
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
