Version No. 002
VictoriaState Emergency Service Regulations 2006
S.R. No. 130/2006
Version as at 18 April 2008
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1Objectives
2Authorising provision
3Definitions
4Revocation
5Insignia
Part 2—Discipline
6Complaints against registered members and probationary members
7Withdrawal of complaints
8Director of Operations to notify a registered member or probationary member of complaint
9Investigation of complaints
10Investigation of certain things discovered during investigations
of complaints
11Time limit for completion of investigations
12Notification of results of investigation and action to be taken
by Director of Operations
13Laying of charges
14Dismissal of complaint or withdrawal of charge
15Director of Operations may suspend membership during the investigation in certain cases
16Hearing of charges
17Dismissal of charge after conduct of hearing
18Penalties that may be imposed if charge substantiated
19Suspension without hearing if member charged with offence punishable by imprisonment
20Disciplinary action without hearing if member found guilty of offence punishable by imprisonment
21Right of review of certain decisions of Authority
22When penalties take effect
23Authority may stay effect of suspensions or cancellations
Part 3—Training and Exercises of Registered Members
24Director of Operations to develop exercises and training for registered members
25Controllers to be informed of range of exercises and training to be provided to registered members
26Approval of training and exercise plan or syllabus by Director
of Operations
27Provision of training and exercises in accordance with approved plan or syllabus
28Registered members must attend minimum number of exercises and training in a year
29Audit of attendances
30Recommendation to cancel membership after failure to complete exercises and training
31Director of Operations may cancel membership for
non-attendance or lack of competency
Part 4—Miscellaneous
32Endorsement of programs
33Criminal record checks
34Identity cards for members
35Cessation of membership
36Property of the Authority under the control of registered units
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SCHEDULE—Insignia of the Victoria State Emergency Service
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 002
VictoriaState Emergency Service Regulations 2006
S.R. No. 130/2006
Version as at 18 April 2008
1
VictoriaState Emergency Service Regulations 2006
S.R. No. 130/2006
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to—
(a)provide for—
(i)discipline provisions for registered members and probationary members; and
(ii)the development and provision of exercises and training of registered members; and
(iii)the cessation of membership of the Service; and
(iv)provision of the Service's insignia; and
(v)criminal record checks for persons applying to be registered members or probationary members; and
(vi)other miscellaneous matters; and
(b)revoke the Victoria State Emergency Services Regulations 1995.
2Authorising provision
These Regulations are made under section 55 of the VictoriaState Emergency Service Act 2005.
3Definitions
r. 3
In these Regulations—
complaintmeans a complaint to the Director of Operations under regulation6(2);
emergency activities and operations means—
(a)emergency management planning;
(b)emergency response including—
(i)responding to floods, earthquakes and storms, and their effects;
(ii)providing rescue services;
(c)emergency support;
(d)co-ordinating and engaging in other emergency activities for the purposes of the Act;
(e)participating in civil defence activities;
(f)activities undertaken as contemplated by section 40 of the Act because of a traffic emergency;
the Act means the VictoriaState Emergency Service Act 2005;
traffic emergency has the meaning given to it by section 40(7) of the Act.
4Revocation
The Victoria State Emergency Service Regulations 1995[1] are revoked.
5Insignia
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 or as determined by the Chief Executive Officer from time to time.
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Part 2—Discipline
6Complaints against registered members and probationary members
r. 6
(1)This regulation applies to a registered member or probationary member who—
(a)contravenes the Act or these Regulations (other than Part 3);
(b)commits an unlawful act;
(c)commits an act or behaves in a manner that is likely to harm the operation or reputation of the Service;
(d)discharges his or her duties as a registered member or probationary member in a negligent manner;
(e)is disruptive, unco-operative or incompetent and that disruption, unco-operativeness or incompetence arises from causes within the control of the registered member or probationary member;
(f)fails to or does not comply with—
(i)a lawful command or instruction of the Director of Operations or the controller of his or her unit; or
(ii)a standing order of the Service; or
(g)gives false or misleading information in a material particular to the Service or the Authority.
(2)A person who has reasonable grounds to believe that a registered member or probationary member has done a thing referred to in subregulation (1) may make a complaint to the Director of Operations.
(3)A complaint must—
(a)be in writing; and
(b)specify the facts or matters that the person has knowledge of and in respect of which the person formed his or her belief.
7Withdrawal of complaints
r. 7
A complaint may be withdrawnby notice in writing to—
(a)the Director of Operations before a charge is laid; or
(b)the Authority after a charge has been laid but before the hearing of the charge.
8Director of Operations to notify a registered member or probationary member of complaint
(1)The Director of Operations must give a registered member or probationary member against whom a complaint has been made notice of the complaintwithin 14 days after the complaint is made.
(2)The notice must—
(a)be in writing; and
(b)set out the full details of the complaint.
Note
Section 49 of the Interpretation of Legislation Act 1984 applies to the giving of a notice.
9Investigation of complaints
(1)Subject to this Part, the Director of Operations must, within 14 days after receiving a complaint, decide whether to investigate the complaint.
(2)The Director of Operations must not investigate the complaint if—
(a)he or she considers the complaint is—
(i)misconceived or lacking in substance; or
(ii)frivolous or vexatious; or
(b)action has already been taken by the Authority under regulation 20 in respect of the registered member or probationary member the subject of the complaint.
(3)The Director of Operations must not commence an investigation of a complaint unless he or she has given notice,under regulation 8, to theregistered member or probationary member against whom the complaint has been made.
10Investigation of certain things discovered during investigations of complaints
r. 10
(1)If, during the course of an investigation of a complaint (the initial investigation), the Director of Operations becomes aware of any other thing referred to in regulation 6(1) that has been done by the registered member or probationary member the subject of the initial investigation, the Director of Operations may also investigate that other thing.
(2)Subject to subregulation (3), for the purposes of these Regulations, the Director of Operations may also investigate that other thingas if a complaint had been made in respect of that thing against the registered member or probationary member the subject of the initial investigation.
(3)Notice of an investigation into a thing referred to in subregulation (2) must be given to the registered member or probationary member under regulation 8 as if the thing being investigated were the subject of a complaint.
Note
Section 49 of the Interpretation of Legislation Act 1984 applies to the giving of a notice.
(4)If notice is given to a registered member or probationary member in accordance with subregulation (3), the initial investigation, for the purposes of these Regulations, must be taken to have been commenced on the day notice is given in accordance with that subregulation.
11Time limit for completion of investigations
r. 11
(1)Subject this regulation, if the Director of Operations decides to conduct an investigation into a complaint, the Director of Operations must complete the investigation within 28 days after commencing it.
(2)The Director of Operations may extend the period of time within which he or she must complete the investigation if—
(a)the Director of Operations has had, during the investigation, difficulty in obtaining sufficient evidence necessary to determine whether or not to charge the registered member or probationary member the subject of the complaint; or
(b)the Director of Operations has been unable to complete the investigation within 28 days after commencing it because of an emergency.
(3)The period of time the Director of Operations may extend an investigation must not exceed 28 days.
(4)If the Director of Operations extends the period of time within which he or she must complete the investigation, the Director of Operations must give notice of the extension, in writing, to—
(a)the person who made the complaint; and
(b)the registered member or probationary member the subject of the complaint.
Note
Section 49 of the Interpretation of Legislation Act 1984 applies to the giving of a notice.
12Notification of results of investigation and action to be taken by Director of Operations
r. 12
(1)Subject to regulation 14(1), within 14 days after completing an investigation, the Director of Operations must, by notice, in writing, inform the registered member or probationary member the subject of the investigation either—
(a)that the complaint has been dismissed or withdrawn; or
(b)that the Director of Operations has decided to charge the registered member or probationary member in relation to the complaint and that a hearing will be conducted to determine the charge.
(2)The Director of Operations must give notice under subregulation (1) to the registered member or probationary member atleast 14 days before the date of the hearing set out in the notice.
13Laying of charges
If the Director of Operations decides to charge a registered member or probationary member, he or she must, at the same time as giving notice under regulation12, give the person a copy of the charge detailing—
(a)the full particulars of the charge; and
(b)the time, date and place of the hearing of the charge.
Note
Section 49 of the Interpretation of Legislation Act 1984 applies to the giving of a copy of charge.
14Dismissal of complaint or withdrawal of charge
r. 14
(1)The Director of Operations—
(a)must dismiss a complaint; or
(b)may withdraw a charge—
if he or she is of the opinion that the complaint or charge (as the case requires) cannot be substantiated or the action or inaction on which the complaint or charge is based is not of sufficient seriousness to merit further action.
(2)If a hearing has commenced under this Part, only the Authority may dismiss a charge.
(3)If the Director of Operations or the Authority(as the case requires) dismisses a complaint or withdraws a charge under this regulation, the Director of Operations or the Authoritymust give the registered member or probationary member against whom the complaint was made, or charge was laid (as the case requires), notice, in writing, of that dismissal or withdrawal within 7 days after the decision to dismiss or withdraw the complaint or charge.
Note
Section 49 of the Interpretation of Legislation Act 1984 applies to the giving of a notice.
15Director of Operations may suspend membership during the investigation in certain cases
If a complaint is made or charge is laid against a registered member or probationary member, and the Director of Operations believes that if the complaint or charge is substantiated the continued membership of the registered member or probationary member would be likely to harm the operation or reputation of the Service, the Director of Operations may suspend the registered member or probationary member at any time after receiving the complaint or before the hearing of any charge.
16Hearing of charges
r. 15
(1)The Authority must conduct a hearing of any charge.
(2)In conducting the hearing theAuthority—
(a)need not act in a formal manner;
(b)is not bound by any rules of evidence;
(c)may inform itself on any matter in any manner it 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).
(3)The registered member or probationary member against whom a charge has been laid—
(a)may be represented by an Australian legal practitioner (within the meaning of the Legal Profession Act 2004) or any other person; 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 Authority 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.
17Dismissal of charge after conduct of hearing
r. 17
If, after conducting a hearing of a charge, the Authority is of the opinion that the charge cannot be substantiated or that the action or inaction on which the charge is based is not of sufficient seriousness to merit further action, the Authority must dismiss the charge.
18Penalties that may be imposed if charge substantiated
(1)If, after conducting a hearing of a charge, the Authority is satisfied that the charge has been substantiated and does merit further action, it may do one or more of the following—
(a)reprimand the registered member or probationary member;
(b)reduce the rank or classification of the registered member or probationary member;
(c)suspend the membership of a registered member or probationary member—
(i)for a specified period of up to 2 years; or
(ii)if the membership is cancelled as provided for by paragraph (d)—for the period beginning on the date on which the registered member or probationary member is advised of the decision to cancel their membership and ending on the day on which the cancellation takes effect;
(d)cancel the membership of the registered member or probationary member.
(2)The Authority must give the registered member or probationary member notice, in writing, of any action taken under subregulation (1) and the reasons for the taking of that action within 21 days after the hearing.
Note
Section 49 of the Interpretation of Legislation Act 1984 applies to the giving of a notice.
(3)A registered member or probationary member whose membership is suspended as provided under subregulation (1)(c) must, on being given notice of the suspension under subregulation (2), comply with regulation 35 as if his or her membership has been cancelled.
19Suspension without hearing if member charged with offence punishable by imprisonment
r. 19
(1)Despite anything to the contrary in this Part, the Authority may suspend a registered member or probationary member (without a hearing) if the registered member or probationary member is charged with an offence that—
(a)is punishable by a term of imprisonment; and
(b)if found guilty of that offence, is likely to result in the reputation of the Service being harmed.
(2)A suspension under this regulation may be for a specified period.
(3)The Authority must revoke the suspension of a registered member or probationary member under this regulation if—
(a)the criminal charge on which the suspension was based is withdrawn or dismissed; or
(b)the registered member or probationary member suspended under this regulation is acquitted of the criminal charge which formed the basis on which the Authority suspended that member.
(4)The Authority must give the registered member or probationary member notice, in writing, of any action taken under this regulation and the reasons for taking that action.
Note
Section 49 of the Interpretation of Legislation Act 1984 applies to the giving of a notice.
(5)In this regulation—
criminal chargemeans a charge referred to in subregulation (1).
20Disciplinary action without hearing if member found guilty of offence punishable by imprisonment
r. 20
(1)If—
(a)a registered member or probationary member is found guilty of an offence that is punishable by a term of imprisonment; and
(b)the Authority receives a certified copy of a court record confirming the finding of guilt; and
(c)the Authority believes that it is in the best interests of the Service that disciplinary action be taken against the registered member or probationary member as a result of the finding of guilt—
the Authority may, without holding a hearing, doone or more of the things listed in regulation18(1)(a) to (d).
(2)Without limiting subregulation (1)(c), in determining what is in the best interests of the Service the Authority may take into account whether the finding of guilt is likely to result in the reputation of the Service being harmed.
(3)The Authority must give notice, in writing, to the registered member or probationary member of any action taken under subregulation(2) and the reasons for taking that action.
Note
Section 49 of the Interpretation of Legislation Act 1984 applies to the giving of a notice.
21Right of review of certain decisions of Authority
r. 21
(1)A registered member or probationary member may apply to the VCAT for review of any decision made by the Authority under regulation18 or 20.
(2)The application must be lodged within 30 days after the date the member receives written notice of the decision and the reasons for it.
22When penalties take effect
(1)A reduction in rank or classification takes effect 30 days after the registered member or probationary member receives written notice of the decision and the reasons for the decision, or, if the registered member or probationary member applies for a review of the decision, on the application for review being dismissed or withdrawn.
(2)Subject to regulation 23, a suspension under this Part takes effect immediately on the registered member or probationary member receiving written notice of the decision to suspend and the reasons for the decision.
(3)Subject to regulation 23, a cancellation under this Part takes effect 30 days after the registered member or probationary member receives written notice of the decision and the reasons for the decision, or, if the registered member or probationary member applies for a review of the decision, on the application for review being dismissed or withdrawn.
23Authority may stay effect of suspensions or cancellations
r. 23
The Authority may stay the effect of a suspension or cancellation under this Part until an application for a review of a decision to VCAT under regulation21 is dismissed or withdrawn.
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Part 3—Training and Exercises of Registered Members
24Director of Operations to develop exercises and training for registered members
r. 24
(1)The Director of Operations must, by 30 Aprilof every year,develop exercises and training for registered members to carry out during the following financial year to ensure that every registered member is appropriately trained and qualified to carry out the emergency activities and operations that he or she may be required to carry out as a registered member in that year.
(2)In developing the exercises and training for registered members to carry out, the Director of Operations must have regard to, and give priority to, the expected needs of the Service and the Victorian community in the following financial year.
(3)Without limiting subregulation (1), the exercises and training developed under that subregulation mayprovide for the testing of a registered member to determine whether the registered member has the necessary fitness to carry out the emergency activities and operations that that registered member may be required to carry out.
25Controllers to be informed of range of exercises and training to be provided to registered members
(1)On the development of the exercises and training under regulation 24, the Director of Operations must, by 31 May of every year, inform every controller of a registered unit of the range of exercises and training developed under that regulation that the controller must provide to the registered members of the registered unit in the following financial year.