Powers and Duties

Question 1

Section 32, Fire Service Act 1975

Answer 1

All Police must co-operate with the person in charge of the Fire Service at a fire, suspected fire or other emergency.

Question 2

Section 28, Fire Service Act 1975

Answer 2

The person in charge of the Fire Service at a fire is charged with the direction of operations. These powers confer the right to:

• Enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty
• close roads
• remove vehicles impeding the fire service. If necessary, they can break into the vehicle for that purpose
• remove people who are in danger or interfering with operations, using reasonable force if necessary
• do anything else that is reasonably necessary for the protections of life and property.

Question 3

Section 32(2), Fire Service Act 1975

Answer 3

Police may exercise s.28 Fire Service Act if called upon to do so by a member of the Fire Service in charge of the fire.

Question 4

Memorandum of Understanding (MOU)

Answer 4

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

Question 5

Fire Service will notify Police if -

Answer 5

• Fire results in serious injury or death;
  OR
• fire is considered suspicious.

Question 6

Specialist Fire Investigators

Answer 6

SFI will be called to attend and investigate:

• fires where fatalities occur
• fires where serious (life threatening) fire related injury has occurred
• structures where the cause is suspicious or cannot be determined
• significant fire spread across a property boundary
• fires in buildings here built-in fire safety features have failed, or not performed to known or expected standards
• any other fire, upon request from Police or another agency.

Question 7

Fire scene control, notification and handover

Answer 7

Stage 1
The Fire Service has authority over a fire scene while a fire is in progress. Once a fire is extinguished and any threat to life or property no longer exists, the Fire Service must hand the scene of the fire over to the appropriate person or agency. In circumstances, this will be Police.

Stage 2
Fire service will notify Police if it considers that a a fire may have been deliberately lit, or if it considers the cause of a fire is suspicious. The Fire Service will also notify Police of all incidents where fatalities or serious (life threatening) injuries occur.

Stage 3
Where Police attend a fire scene and seek authority over that fire scene, the designated Police Investigation Officer will confer with the Incident Controller to confirm the handover process.

Stage 4
The Fire Service will not normally hand over a fire scene until the danger of fire, structural collapse. exposure to dangerous products of combustion or other fire related hazards have been identified and eliminated, isolated or minimised.

Stage 5
For any fire scene involving multiple agencies, all agencies will consult with each other prior to any investigation or scene examination to develop an investigation plan.

Stage 6
The investigation plan will include an outline of how the investigation will proceed and the role of each agency.

Question 8

Multi-agency examination. Specialist Fire Investigator and Fire Investigation Liaison Officer will liaise about these matters:

Answer 8

• Handover of the fire scene
• access to the fire scene
• process for examination and investigation
• identification and collection of evidence at the fire scene

Question 9

Police responsibility

Answer 9

• Conduct the criminal investigation or coronial enquiry

- undertake responsibility for the protection, collection and recording of forensic evidence.