Legislative Requirements

Question 1

Question 8. Complete the following in relation to the Fire and Rescue NSW Act 1989 Part 3, Division 1, Section 11 Brigades to proceed with speed to suspected fires or hazardous material incident………?

Answer 1

(1) When there is an alarm of fire, a fire brigade must, despite anything to the contrary in any Act, proceed with all speed to the fire and try by all possible means to extinguish it and save any lives and property that are in danger.

(2) When there is a report of a hazardous material incident, a fire brigade must, despite anything to the contrary in any Act—

(a) proceed with all speed to the site of the incident, and

(b) try by all possible means to render the site of the incident safe and save any lives and property that are in danger.

Question 2

Question 9.  Complete the following in relation to the Fire and Rescue NSW Act 1989 Part 3, Division 1, Section 12 of the FRNSW Act, Investigation of reported fires and Hazardous material incident………?

Answer 2

(1) The officer in charge may, with or without members of a fire brigade, enter any place—

(a) in respect of which an alarm of fire is raised to ascertain whether there is a fire at the place, or

(b) in respect of which a report of a hazardous material incident has been made to ascertain whether there is any hazardous material at the place that is, or is about to be, the subject of a hazardous material incident.

(2) Reasonable force, whether by breaking down gates or fences or breaking open doors or otherwise, may be used to gain entry.

Question 3

Question 10. Section 13, of the FRNSW Act states the “General Powers of Officers at fires and hazardous material incidents”. State this provision.  

Answer 3

(1) At a fire, the officer in charge—

(a) may take such measures as the officer thinks proper for the protection and saving of life and property and for the control and extinguishing of the fire, and

(b) is to control and direct the operations of any fire brigade.

(1A) At the site of a hazardous material incident, the officer in charge

(a) may take such measures as the officer thinks proper for the protection and saving of life and property, for confining and ending the incident and for rendering the site safe, and

(b) is to control and direct the operations of any fire brigade.

The site is taken to be such area in the vicinity of the incident as is for the time being determined by the officer in charge.

(2) If the fire is a bush fire (including a grass fire), the officer in charge is, as far as practicable, to carry into effect any plan of operations in force under section 52 of the Rural Fires Act 1997 in relation to the place where the fire occurs.

Question 4

Question 11. Section 19 of the FRNSW Act lists the powers at fires and hazardous material incidents. State the provisions of this Section: “General power to remove persons or obstacles.”

Answer 4

The officer in charge at a fire or hazardous material incident may cause to be removed any person, vehicle, vessel or thing the presence of whom or which at or near a fire or hazardous material incident might, in the officer’s opinion, interfere with the work of any fire brigade or the exercise of any of the officer’s functions.  

Question 5

Question 12. 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 (2014) Clause 22, Disclosure of information.  

Answer 5

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 6

Question 13. Section 17 of the Fire Brigades Regulation (2014) refers to unacceptable behaviour. List five circumstances when a firefighter’s behaviour would be deemed unacceptable. 

Answer 6

• come on duty while under the influence of alcohol or a drug, or
• while on duty, consume, use or possess any alcohol or drug, or
• smoke in any public place while in uniform, or

-smoke at a fire or drill, in any departmental premises or in any departmental vehicle, or

-while on duty, gamble in circumstances that adversely affect the discipline or efficiency of Fire and Rescue NSW, or

-while on duty, by words or action, harass, intimidate or threaten another firefighter

Question 7

Question 17. Fire Brigades Regulation, Part 3, Section 14: Firefighters to acquire and maintain knowledge of legislation, orders, and functions. List the provisions

Answer 7

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.