FRV Act and Regs Flashcards
What is the definition for Section 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
What four reasons can we have power to access under section 32 to ensure compliance?
(a) the storage of explosives
(b) the storage of radioactive substances
(c) the storage of inflammable liquids or substances
(d) the prevention of fire or the protection of life or property in the case of fire—
are being complied with.
32 AA- Section 1 States;
1) Fire Rescue Victoria must issue warnings and
provide information in relation to fires in the
Fire Rescue Victoria fire district if?
Fire Rescue Victoria considers that the issuing of warnings or the provision of information is necessary for the purposes of
protecting life and property
What else needs to be considered under section
32 AA?
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, what is this definition?
In sections 32B, 32C and 32D, alarm of fire means any call for assistance at a fire, accident,
explosion or other emergency.
32B (1)- Action on Alarm of Fire;
Who is responsible for the control and direction of all members of units in the Fire Rescue Victoria District at an incident?
Fire Rescue Victoria is responsible
32B (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 do what?
Proceed with all practical speed to the scene of the alarm of fire.
32B- At the Alarm of fire who does these provisions apply to?
At the scene of an alarm of fire the senior member
of the operational staff shall apply the provisions in 32B
32B- What 6 steps may the senior operational member do in regards to dealing with the alarm of fire?
may, for the purposes of dealing with any
alarm of fire, cause—
1) 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.
(2)Any vehicle or equipment to be taken through upon or into any land building structure vessel or vehicle.
3) 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.
4) 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.
5) 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.
6)may take such other measures as appear necessary for the protection of life and property.
32B- Can a member of the public be liable for any penalties or reimbusement from FRV due to actions taken?
No- A person shall not be liable to any penalty or claim by reason of any action taken under
subsection (3)(c)(iii) or (iv).
32B- If a fire is on a vessel berthed adjacent to FRV district does the senior operational member have to consult with anyone?
Yes- the senior member of the
operational staff shall so far as practicable consult with an officer of Ports Victoria.
54- Damage to be covered by fire insurance.
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—
List the 8 people this applies to?
1) The Fire Rescue Commissioner
2) An officer or member of—
a unit
3)An interstate fire brigade
4) An international fire brigade
or
5) A unit
6) An interstate fire brigade; or
7) An international fire brigade
8) A State Response Controller
54- If a person has insurance that is covered for Fire damage, does damage that is caused by FRV personnel get covered by this?
Yes- The damage is taken to be damage by fire within
the meaning of any policy of insurance against
fire covering the property so damaged.
54A- Immunity from certain liabilities, describe this clause
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—
54A- What are the two factors that have to be undertaken by the member to have immunity provisions?
1) In the exercise of a power or the discharge of a duty under section 32B, 32C, 55, 55A,
55B, 55C, 55D or 55E
2)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
58- Removal of persons from burning premises
Can a person be requested to be removed from a burning building?
Yes if the premise is burning or if they are threatened by fire providing they are not a member of a unit or acting under direction from a member of a unit, or providing they don’t have any percuniary interest in the premises. If they refuse they can be forcibly removed by any member of a unit or police.
59- Rights to Water
What is the Definition of section 59?
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
What three things must/may Police do at any incident?
1) Support the senior operational FRV member in maintaining authority, support with enforcing compliance of any orders given to members under their direction.
2) All police officers are authorised and required to
aid units in the execution of their duties
3) Police officers may close any street in or near which a fire is
burning and 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.
78A- Offences by Officers or Members
What 5 things would deem a member of operational staff guilty of an offence?
1)Guilty of any breach of the regulations
2) Guilty of any misconduct
3) Negligent or careless in the discharge of his duties
4) Inefficient or incompetent and such inefficiency or incompetence arises from
causes within his own control
5) Guilty of any disgraceful or improper conduct
Regulation 12-
List all of the 8 prohibitions on members
A member of operational staff must not—
(a) disobey or fail to carry out a general order or
any lawful order given in the course of their duty whether the order is in writing or not
(b) exceed or misuse the member’s authority
(c) wilfully cause or allow loss, damage or injury to occur to any person or property
(d) when on duty, partake in or be under the influence of or affected by any intoxicating
liquor, narcotic, hallucinogen, medication or substance that could or is likely to impair,
limit or affect the member’s performance of duty
(e) when on duty have any of the substances referred to in paragraph (d) in their possession or at the workplace
(f) act in a manner that is likely to bring discredit to the reputation of Fire Rescue Victoria or diminish public confidence in it
(g) be found guilty of having committed an indictable offence when on duty
(h) be found guilty of having committed an indictable offence under Division 2 of Part I of the Crimes Act 1958 when not on duty if the offence involved dishonesty, corruption,intent to deceive or defraud or trespass.
