Version No. 001
Victoria State Emergency Service Regulations 1995
S.R. No. 17/1995
Version as at 23 April 1998
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1.Objectives
2.Authorising provision
3.Definitions
4.Insignia
Part 2—Disciplinary Provisions
5.Complaints against members
6.Director may investigate complaints
7.Director may dismiss a complaint at any time
8.Director may suspend membership before hearing a complaint
9.Conduct of the hearing
10.Penalties that may be imposed after a hearing
11.Suspension and dismissal without hearing in certain criminal cases
12.Right of appeal
13.When penalties take effect
14.Service of notices by post
Part 3—Units
15.Development of training programs
16.Approval of programs
17.Training attendance
18.Endorsement of programs
19.Identity cards for members
20.Equipment
Part 4—Financial Management
21.Financial Year
22.Duties of unit Controller
23.Bank accounts
24.Audit
25.Stocktaking
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SCHEDULE—Insignia
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Victoria State Emergency Service Regulations 1995
S.R. No. 17/1995
Version as at 23 April 1998
1
Victoria State Emergency Service Regulations 1995
S.R. No. 17/1995
Part 1—Preliminary
1.Objectives
The objectives of these Regulations are to provide for—
(a)the conduct and duties of members; and
(b)discipline provisions for members; and
(c)training requirements; and
(d)provision of the Service's insignia; and
(e)financial and asset management of registered units and the Service.
2.Authorising provision
These Regulations are made under section 31 of the Victoria State Emergency Service Act 1987.
3.Definitions
In these Regulations—
"Act" means the Victoria State Emergency Service Act 1987;
"Controller" means the chief officer of a registered unit;
"Director" means the Director of the Service;
"employee" means a person employed under section 7 of the Act;
"member" means a registered member or a probationary member;
"Regional Director" means a person appointed under section 7 of the Act as the director of a region;
"Service" means the Victoria State Emergency Service;
"training year" means the period commencing on 1January in any year and ending on 31December in that year;
"unit" means a group of persons registered as a unit under section 13 of the Act.
4.Insignia
r. 4
The insignia of the Service as set out in the Schedule (but regardless of the colours used in the Schedule) may only be used in connection with Service equipment and activities.
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Part 2—Disciplinary Provisions
5.Complaints against members
r. 5
(1)A Regional Director or a Controller may lay a complaint against any member of the Service on the grounds that the member—
(a)has committed a breach of the Act or any regulations made under the Act; or
(b)has committed an unlawful act or any act that is likely to harm the reputation of the Service; or
(c)is or was negligent in the discharge of his or her duties; or
(d)is disruptive, unco-operative, inefficient or incompetent and such disruption, lack of co-operation, inefficiency or incompetency arises from causes within the member's control; or
(e)failed to comply with a lawful command, instruction or standing order; or
(f)has behaved in a manner that is likely to harm the operation or reputation of the Service if he or she continues to be a member of the Service; or
(g)provided false information to the Service.
(2)The complaint must be made in writing and must be made to the Director.
6.Director may investigate complaints
(1)On receiving a complaint, the Director may cause it to be investigated.
(2)Within 14 days of receiving a complaint, the Director must give the member against whom the complaint has been laid full details of the complaint and of any action the Director has taken under sub-regulation (1).
(3)Within 28 days of receiving a complaint, the Director must advise the member in writing either—
(a)that the complaint has been dismissed or withdrawn; or
(b)that the Director intends to conduct a hearing to inquire into the complaint.
(4)If the Director intends to conduct a hearing, the written advice must repeat the full details of the complaint and set out the time, date and place of the hearing.
(5)The member must be given at least 14 days notice of the hearing.
7.Director may dismiss a complaint at any time
r. 7
(1)The Director may dismiss a complaint at any time after it is made (including during a hearing) if he or she is of the opinion that it cannot be substantiated or that the action or inaction on which the complaint is based is not of sufficient seriousness to merit further action.
(2)Within 7 days of dismissing a complaint, the Director must give the member against whom the complaint was laid written notice of the complaint.
8.Director may suspend membership before hearing a complaint
If a complaint is made against a member and the Director believes that if the complaint is substantiated the continued membership of the member would be likely to harm the operation or reputation of the Service, the Director may suspend the member at any time before the hearing of the complaint.
9.Conduct of the hearing
r. 9
(1)The Director must conduct the hearing to inquire into the complaint.
(2)In conducting the hearing the Director—
(a)need not act in a formal manner; and
(b)is not bound by any rules of evidence; and
(c)may inform himself or herself on any matter in any manner he or she thinks just; and
(d)is bound by the rules of natural justice (except to the extent that those rules have been modified by these Regulations); and
(e)must be guided by the real justice of the matter being heard.
(3)The member against whom the complaint has been laid—
(a)may be represented by any person (including a barrister and solicitor); and
(b)may call and examine any witness, may cross-examine any witness not called on his or her behalf, and may make submissions.
(4)The Director may adjourn a hearing at any time, and must adjourn a hearing if a failure to do so would result in a denial of natural justice.
10.Penalties that may be imposed after a hearing
(1)After conducting a hearing, the Director must dismiss a complaint if he or she is of the opinion that it cannot be substantiated or that the action or inaction on which the complaint is based is not of sufficient seriousness to merit further action.
(2)If the Director is satisfied that the complaint has been substantiated and does merit further action, he or she may do one or more of the following—
(a)reprimand the member;
(b)reduce the rank or classification of the member;
(c)suspend the member's membership for a specified period of up to 2 years;
(d)cancel the member's membership.
(3)The Director must advise the member in writing of any action taken under sub-regulation (2) and the reasons for it within 21 days after the hearing.
11.Suspension and dismissal without hearing in certain criminal cases
r. 11
(1)The Director may suspend a member (without a hearing) if the member is charged with a criminal offence that is punishable by imprisonment until the charge is withdrawn or dismissed.
(2)If—
(a)a member is convicted of a criminal offence that is punishable by imprisonment; and
(b)the Director receives a certified copy of a court record confirming the conviction; and
(c)the Director believes that it is in the best interests of the Service that some disciplinary action be taken against the member as a result of the conviction—
the Director may, without holding a hearing, doone or more of the things listed in regulation10(2)(a)–(d).
(3)The Director must advise the member in writing of any action taken under sub-regulation (2) and the reasons for it.
12.Right of appeal
r. 12
(1)A member may apply to the Administrative Appeals Tribunal for the review of any decision made by the Director under regulation 10 or 11(3).
(2)The application must be lodged within 30 days of the date the member receives written notice of the decision and the reasons for it.
13.When penalties take effect
(1)A reduction in rank or classification takes effect 30 days after the member receives written notice of the decision and the reasons for it, or, if the member applies for a review of the decision, on the application for review being dismissed or withdrawn.
(2)A suspension takes effect on the member receiving written notice of the decision to suspend and the reasons for it.
(3)A cancellation takes effect 30 days after the member receives written notice of the decision and the reasons for it, or, if the member applies for a review of the decision, on the application for review being dismissed or withdrawn.
(4)Despite sub-regulation (3), until a cancellation takes effect, the member is deemed to have been suspended on receiving written notice of the decision to cancel and the reasons for it.
(5)The Director may stay the effect of sub-regulations (2) and (4) until an application for a review of a decision under regulation 10 or 11 is dismissed or withdrawn.
14.Service of notices by post
r. 14
For the purposes of these Regulations, a document that has been sent by pre-paid post is deemed to have been received on the day it would have been received in the ordinary course of business, unless the contrary is proved.
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Part 3—Units
15.Development of training programs
r. 15
(1)Regional Directors are responsible, subject to the control of the Director, for the formulation, implementation and supervision of training programs for units within their area of responsibility.
(2)Unless otherwise approved by the Director—
(a)general training exercises must be formulated and conducted by Regional Directors at least once in each training year; and
(b)unit training exercises and activities must be conducted at least once in each fortnight during each training year.
16.Approval of programs
Details of unit training programs for the following training year must be submitted by all Controllers for approval to their respective Regional Directors by 31 December in each year.
17.Training attendance
(1)The Controller of a registered unit—
(a)must by 31 January in each year forward to the Director through the relevant Regional Director the names of all members of the unit on the register on the preceding 31December together with details of the attendance by such members at scheduled training activities during the preceding training year; and
(b)may recommend to the Director through the relevant Regional Director that a member's name be deleted from the register if the member fails to attend at least 60% of those training activities which are relevant to his or her particular role within the unit and which are scheduled in that training year.
(2)The Director, when considering whether a member's name should be deleted from the register must take account of the special skills of the member and whether the attendance of the member at training sessions is desirable or if any other special circumstances exist which would warrant that member being excused from attendance at training sessions.
(3)The Director may, after considering the recommendation and any special circumstances, delete the member's name from the register.
18.Endorsement of programs
r. 18
(1)A Controller or member must not conduct or assist in the conduct of any course of instruction purporting to be endorsed by the Service for any other organisation or for members of the public without the prior approval of the Director.
(2)Courses of instruction conducted by or on behalf of the Service may include persons nominated by other organisations.
19.Identity cards for members
(1)Any identity card issued to a member of the Service must be signed by the member and must be carried by the member when on duty.
(2)A person who ceases to be a member of the Service must within 7 days of such cessation surrender his or her identity card and all clothing, publications and equipment issued to him or her, or in his or her possession or control, as a member of the Service to his or her Controller, or if he or she is a Controller, to the relevant Regional Director.
20.Equipment
r. 20
(1)All equipment under the control of units remains the property of the Service and may be withdrawn from any unit and redeployed at the discretion of the Director.
(2)A member must not use any equipment under the control of a registered unit for any purpose other than Service activities without the prior approval of the Director or the Regional Director.
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Part 4—Financial Management
21.Financial Year
r. 21
The financial year of units commences on 1October in each year or on such other date as may be agreed with the Director.
22.Duties of unit Controller
Each Controller must ensure that appropriate records of the financial affairs and assets of the unit are kept.
23.Bank accounts
All bank accounts or other financial accounts or deposits must be opened and maintained in a manner and form approved by the Director and must be operated by a minimum of 2 signatories, each of whom must be a registered member.
24.Audit
(1)Each unit must appoint an auditor, approved by the Regional Director, to audit annually the accounts and assets of the unit.
(2)Unless otherwise approved by the Regional Director, a member of the unit whose accounts are to be audited cannot be appointed as the auditor for that unit.
(3)Unless there are special circumstances, a Regional Director must not approve as the auditor of a unit a person who is not—
(a)a person registered as a company auditor as defined in the Corporations Law; or
(b)a member of the Institute of Chartered Accountants (Aust.).
(4)The results of the audit of each unit must be completed and lodged with the Regional Director to be forwarded to the Director by 30 November immediately following the end of the financial year to which it applies or within 2 months following the end of the financial year of the relevant unit, whichever is sooner.
25.Stocktaking
r. 25
(1)A stocktaking of all equipment, radios and vehicles in the possession of each unit must be held by the Controller of each unit each year during the first 2 weeks in September.
(2)The Controller must forward the results of the stocktaking through the relevant Regional Director to the Director by 30 November in that year.
(3)If the disposal of any equipment either issued by the Service to, or acquired by, a unit is authorised by the Director, all insignia and other markings relating to the Service must be removed from the equipment before its disposal.
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SCHEDULE
Sch.
VICTORIA STATE EMERGENCY SERVICE
REGULATIONS 1995
(Regulation 4)
Insignia of the Victoria State Emergency Service
1.Emblem
2.Logo
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ENDNOTES
Endnotes
1.General Information
The Victoria State Emergency Service Regulations 1995, S.R. No. 17/1995 were made on 21 February 1995 by the Governor in Council under section 31 of the Victoria State Emergency Service Act 1987, No.57/1987 and came into operation on 21 February 1995.
The Victoria State Emergency Service Regulations 1995 will sunset 10 years after the day of making on 21 February 2005 (see section 5 of the Subordinate Legislation Act 1994).
2.Table of Amendments
Endnotes
There were no amendments made to the Victoria State Emergency Service Regulations 1995 by statutory rules, subordinate instruments and Acts.
3.Explanatory Details
Endnotes
No entries at date of publication.
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