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This Act may be cited as the Fire Rescue Victoria Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2 repealed by No. 2/1995 s. 22(f), new s. 2 inserted by No. 24/1997 s. 16.
The main purposes of this Act are—
S. 2(a) amended by Nos 5/2012 s. 59, 20/2019 s. 58.
to provide for fire safety, fire suppression and fire prevention services and emergency response services in the Fire Rescue Victoria fire district; and
S. 2(b) amended by No. 20/2019 s. 24.
to establish Fire Rescue Victoria.
S. 2A inserted by No. 20/2019 s. 25.
It is the intention of the Parliament that Fire Rescue Victoria and the Country Fire Authority establish processes that will ensure that they—
promote collaboration and coordination between fire services agencies to best meet the safety needs of the community; and
recognise the importance of maintaining capacity to respond to peaks in demand for fire services within fire services agencies; and
recognise and value the contribution of volunteer brigades; and
recognise that both volunteer firefighters and career firefighters are vital to delivering safe and sustainable fire services; and
maintain the ability of fire services agencies to respond to critical incidents, to prevent and suppress fires and to protect life and property.
In this section, the expressions career firefighter and volunteer firefighter have the same meanings as in the Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019.
Nos 3682 s. 3, 5040 s. 18, 5217 s. 2.
S. 3 amended by No. 8019 s. 2(a).
In this Act unless inconsistent with the context or subject-matter—
S. 3(1) def. of applicable work program inserted by No. 73/2010 s. 53, amended by Nos 73/2013 s. 88(a), 20/2019 s. 26(3).
applicable work program means a work program (within the meaning of the Emergency Management Act 2013) that applies to Fire Rescue Victoria;
S. 3(1) def. of Australian Fire Brigades Charges Scheme inserted by No. 51/2005 s. 67(1).
Australian Fire Brigades Charges Scheme means the Scheme in operation from 1 April 1982 providing the procedure for reimbursement of Fire Brigade Charges established by the 1982 Agreement between the "Participating Underwriters" and the "Subscribing Brokers" as defined in that Agreement;
S. 3(1) def. of Board substituted by No. 24/1997 s. 17(1), repealed by No. 20/2019 s. 26(2).
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S. 3(1) def. of brigade repealed by No. 24/1997 s. 17(2).
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S. 3(1) def. of change in fire risk inserted by No. 20/2019 s. 59(1).
change in fire risk, in relation to the Fire Rescue Victoria fire district or the country area of Victoria, means the following—
a change in land use or development within the Fire Rescue Victoria fire district, or within the country area of Victoria, that may result in a material change to the risk of a fire occurring within the Fire Rescue Victoria fire district or the country area of Victoria;
a demographic change or a change in demand for the services of a fire services agency, within the Fire Rescue Victoria fire district or the country area of Victoria, that may result in a material change to the risk of a fire occurring within the Fire Rescue Victoria fire district or the country area of Victoria;
any other change in circumstances within the Fire Rescue Victoria fire district or the country area of Victoria that results or may result in a material change to the risk of a fire occurring within the Fire Rescue Victoria fire district or the country area of Victoria;
S. 3(1) def. of chief fire officer amended by No. 7926 s. 5(c), substituted as Chief Officer by No. 24/1997 s. 17(3), repealed by No. 20/2019 s. 26(2).
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S. 3(1) def. of country area of Victoria inserted by No. 20/2019 s. 59(1).
country area of Victoria has the same meaning as in the Country Fire Authority Act 1958;
S. 3(1) def. of Country Fire Authority inserted by No. 20/2019 s. 26(1).
Country Fire Authority means the Authority appointed under section 6(1) of the Country Fire Authority Act 1958;
S. 3(1) def. of Deputy Fire Rescue Commis-sioner inserted by No. 20/2019 s. 26(1).
Deputy Fire Rescue Commissioner means a Deputy Fire Rescue Commissioner appointed under section 9A(1);
S. 3(1) def. of emergency inserted by No. 24/1997 s. 17(4), substituted by No. 5/2012 s. 60(a), amended by No. 73/2013 s. 88(b).
emergency has the same meaning as in section 3 of the Emergency Management Act 2013;
S. 3(1) def. of Emergency Management Commis-sioner inserted by No. 73/2013 s. 88(c).
Emergency Management Commissioner means the Emergency Management Commissioner within the meaning of the Emergency Management Act 2013;
S. 3(1) def. of emergency management sector inserted by No. 20/2019 s. 59(1).
emergency management sector has the same meaning as in the Emergency Management Act 2013;
S. 3(1) def. of Emergency Services Telecom-munications Authority inserted by No. 5/2012 s. 60(f), repealed by No. 32/2023 s. 100(b).
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S. 3(1) def. of fire inserted by No. 50/1989 s. 44(1), amended by No. 5/2012 s. 60(b).
fire includes—
a hazardous material incident where the major or sole danger is the threat of fire up to the stage where there is no longer a threat of fire; and
a toxic fire incident up to the stage where the fire has been effectively extinguished; and
the threat of a fire re-igniting;
S. 3(1) def. of Fire District Review Panel inserted by No. 20/2019 s. 59(1).
Fire District Review Panel means the panel established by section 4A;
S. 3(1) def. of fire prevention officer inserted by No. 2/1995 s. 19(1).
fire prevention officer means a fire prevention officer appointed under section 5A;
S. 3(1) def. of Fire Rescue Commis-sioner inserted by No. 20/2019 s. 26(1).
Fire Rescue Commissioner means the Fire Rescue Commissioner appointed under section 9(1);
S. 3(1) def. of Fire Rescue Victoria inserted by No. 20/2019 s. 26(1).
Fire Rescue Victoria means the authority established by section 6;
S. 3(1) def. of Fire Rescue Victoria fire district inserted by No. 20/2019 s. 59(1).
Fire Rescue Victoria fire district means the district specified in section 4(1);
S. 3(1) def. of fire services agency inserted by No. 73/2010 s. 53, amended by No. 73/2013 s. 88(e).
fire services agency has the same meaning as in the Emergency Management Act 2013;
S. 3(1) def. of Fire Services Commission-er inserted by No. 73/2010 s. 53, repealed by No. 73/2013 s. 88(d).
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S. 3(1) def. of fire services reform action plan inserted by No. 73/2010 s. 53, repealed by No. 73/2013 s. 88(d).
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S. 3(1) def. of incident management operating procedures inserted by No. 73/2010 s. 53, substituted by No. 73/2013 s. 88(f).
incident management operating procedures has the same meaning as it has in section 3 of the Emergency Management Act 2013;
S. 3(1) def. of industrial body inserted by No. 20/2019 s. 59(1).
industrial body means an organisation within the meaning of the Fair Work (Registered Organisations) Act 2009 of the Commonwealth;
S. 3(1) def. of Inspector-General for Emergency Management inserted by No. 73/2013 s. 88(c).
Inspector-General for Emergency Management has the same meaning as it has in section 3 of the Emergency Management Act 2013;
S. 3(1) def. of insurance against fire inserted by No. 7885 s. 3(a), repealed by No. 58/2012 s. 103.
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S. 3(1) def. of insurance company substituted by Nos 7885 s. 3(b), 5/1991 s. 4(1), amended by No. 51/2005 s. 67(2), repealed by No. 58/2012 s. 103.
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S. 3(1) def. of insurance intermediary inserted by No. 5/1991 s. 4(1), substituted by No. 9/2002 s. 3(Sch. item 11), amended by No. 51/2005 s. 67(3), repealed by No. 58/2012 s. 103.
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S. 3(1) def. of international fire brigade inserted by No. 5/2012 s. 60(f).
international fire brigade means—
a fire brigade or unit (however described); or
any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or
any other emergency services organisation—
established outside Australia;
S. 3(1) def. of interstate fire brigade inserted by No. 5/2012 s. 60(f).
interstate fire brigade means—
a fire brigade or unit (however described); or
any other agency or organisation constituted for the purpose of fire management or which has a fire management role; or
any other emergency services organisation—
established outside Victoria but within Australia;
S. 3(1) def. of Lloyd's inserted by No. 51/2005 s. 67(1).
Lloyd's means the society of that name incorporated by the Act of the United Kingdom known as Lloyd's Act 1871;
S. 3(1) def. of Lloyd's underwriter inserted by No. 51/2005 s. 67(1).
Lloyd's underwriter means an underwriting member of Lloyd's;
S. 3(1) def. of metropolitan district substituted by No. 5/2012 s. 60(c), repealed by No. 20/2019 s. 59(2).
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S. 3(1) def. of municipal district repealed by No. 12/1989 s. 4(1)(Sch. 2 item 79.1).
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S. 3(1) def. of municipality repealed by No. 12/1989 s. 4(1)(Sch. 2 item 79.2).
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S. 3(1) def. of officer or employee inserted by No. 7926 s. 2(a), amended by No. 2/1995 s. 22(a), repealed by No. 24/1997 s. 17(2).
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S. 3(1) def. of operational staff inserted by No. 24/1997 s. 17(4).
operational staff means all members of units;
S. 3(1) def. of owner substituted by No. 5/2012 s. 60(d).
owner has the same meaning as it has in section 3(1) of the Subdivision Act 1988;
S. 3(1) def. of owners corporation inserted by No. 5/2012 s. 60(f).
owners corporation has the same meaning as it has in section 3 of the Owners Corporations Act 2006;
S. 3(1) def. of permanent fire brigade repealed by No. 24/1997 s. 17(2).
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S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 113.1).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of private street inserted by No. 2/1995 s. 19(1), amended by No. 12/2004 s. 163.
private street means a road, other than—
a freeway or an arterial road within the meaning of the Road Management Act 2004;
a road vested in a public authority;
a road that is under the care and management of a municipal council under section 205 of the Local Government Act 1989;
S. 3(1) def. of regulations repealed by No. 10149 s. 25(a).
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S. 3(1) def. of review of the Fire Rescue Victoria fire district inserted by No. 20/2019 s. 59(1).
review of the Fire Rescue Victoria fire district means a review conducted under section 4G;
S. 3(1) def. of road inserted by No. 2/1995 s. 19(1).
road has the meaning given in section 3 of the Local Government Act 1989;
S. 3(1) def. of Secretary inserted by No. 20/2019 s. 26(1).
Secretary means the Secretary to the Department for which the Minister administering this Act is responsible;
S. 3(1) def. of senior operational staff inserted by No. 24/1997 s. 17(4), amended by No. 20/2019 s. 26(3).
senior operational staff means all employees of Fire Rescue Victoria employed in senior positions;
S. 3(1) def. of senior position inserted by No. 24/1997 s. 17(4), amended by No. 20/2019 s. 26(3).
senior position means a position in a unit designated by Fire Rescue Victoria as a senior position;
S. 3(1) def. of State Crisis and Resilience Council inserted by No. 73/2013 s. 88(c).
State Crisis and Resilience Council has the same meaning as it has in section 3 of the Emergency Management Act 2013;
S. 3(1) def. of Strategic Action Plan inserted by No. 73/2013 s. 88(c).
Strategic Action Plan has the same meaning as it has in section 3 of the Emergency Management Act 2013;
S. 3(1) def. of Strategic Advisory Committee inserted by No. 20/2019 s. 26(1).
Strategic Advisory Committee means the committee established by section 33A;
S. 3(1) def. of the 1982 Agreement inserted by No. 51/2005 s. 67(1).
the 1982 Agreement means the Agreement establishing the Australian Fire Brigades Charges Scheme, a certified copy of which is lodged with the Minister under section 69A;
S. 3(1) def. of Triple Zero Victoria inserted by No. 32/2023 s. 100(a).
Triple Zero Victoria has the same meaning as in the Triple Zero Victoria Act 2023;
S. 3(1) def. of unit inserted by No. 24/1997 s. 17(4), substituted by No. 5/2012 s. 60(e).
unit means a brigade or other fire or emergency service unit established under this Act;
S. 3(1) def. of volunteer fire brigade repealed by No. 24/1997 s. 17(2).
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S. 3(1) def. of volunteer brigade inserted by No. 20/2019 s. 26(1).
volunteer brigade has the same meaning as it has in the Country Fire Authority Act 1958;
year means year ending the thirtieth day of June.
S. 3(2) inserted by No. 8019 s. 2(b), repealed by No. 24/1997 s. 17(5), new s. 3(2) inserted by No. 86/1998 s. 23(1), substituted by No. 59/2003 s. 122(1), repealed by No. 74/2006 s. 27(1).
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Heading preceding s. 4 substituted by No. 20/2019 s. 143(1)(a).
Fire Rescue Victoria fire district
S. 4 (Heading) inserted by No. 20/2019 s. 143(2)(a).
Nos 3682 s. 4, 5040 s. 18.
S. 4 amended by Nos 10043 s. 4(1).
S. 4(1) amended by No. 20/2019 s. 60(1).
For the proper and efficient carrying out of the provisions of this Act there is to be a Fire Rescue Victoria fire district consisting of the land specified in Schedule 2.
S. 4(2) inserted by No. 10043 s. 4(2), substituted by No. 50/1989 s. 27(1), amended by No. 20/2019 s. 60(2).
The Fire Rescue Victoria fire district includes—
S. 4(2)(a) substituted by No. 63/1997 s. 10(4)(Sch. item 3.1), amended by Nos 23/2003 s. 28(1)(a), 45/2010 s. 51(1).
the port of Melbourne within the meaning of the Port Management Act 1995; and
S. 4(2)(aa) inserted by No. 82/1995 s. 206, repealed by No. 63/1997 s. 10(4)(Sch. item 3.1).
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S. 4(2)(ab) inserted by No. 63/1997 s. 10(4)(Sch. item 3.1), amended by No. 23/2003 s. 28(1)(b), repealed by No. 45/2010 s. 51(2).
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any rivers or waterways—
which are designated as being within the Fire Rescue Victoria fire district by the Governor in Council by proclamation published in the Government Gazette.
S. 4(2A) inserted by No. 86/1998 s. 23(2), amended by No. 59/2003 s. 122(2), repealed by No. 74/2006 s. 27(2).
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S. 4(3) inserted by No. 50/1989 s. 27(1), repealed by No. 20/2019 s. 60(3).
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S. 4(4) inserted by No. 50/1989 s. 27(1), repealed by No. 20/2019 s. 60(3).
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S. 4(5) inserted by No. 50/1989 s. 27(1), repealed by No. 20/2019 s. 60(3).
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S. 4(6) inserted by No. 50/1989 s. 27(1), repealed by No. 20/2019 s. 60(3).
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S. 4A inserted by No. 20/2019 s. 61.
The Fire District Review Panel is established by this section.
The Fire District Review Panel consists of 3 members appointed under section 4C.
The Minister must appoint one of the members of the Fire District Review Panel to be the Chairperson of the Panel.
S. 4B inserted by No. 20/2019 s. 61.
The Fire District Review Panel is a public entity for the purposes of the Public Administration Act 2004.
S. 4C inserted by No. 20/2019 s. 61.
The members of the Fire District Review Panel are to be appointed by the Minister.
The Minister must not appoint a person as a member of the Fire District Review Panel unless the Minister is satisfied that—
the person has significant and substantial expertise and experience in fire response, fire management, emergency management or another relevant field; and
the person is able to make an informed and independent assessment of the matters to be considered by the Panel.
The Minister must not appoint a person as a member of the Fire District Review Panel if the person is—
an officer or employee of a fire services agency; or
an officer or employee of an industrial body that is responsible for an enterprise agreement that applies to a fire services agency; or
an officer or official of Volunteer Fire Brigades Victoria Incorporated.
A member of the Fire District Review Panel holds office for the period, not exceeding 5 years, specified in the member's instrument of appointment.
A member of the Fire District Review Panel is entitled to receive—
remuneration; and
travelling or other allowances—
specified in the member's instrument of appointment.
A member of the Fire District Review Panel is eligible for reappointment.
A member of the Fire District Review Panel holds office on the terms and conditions specified in the member's instrument of appointment.
A member of the Fire District Review Panel who is a public sector employee within the meaning of the Public Administration Act 2004 is not entitled to remuneration in respect of the member's appointment.
The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Fire District Review Panel in respect of the office of member.
S. 4D inserted by No. 20/2019 s. 61.
A member of the Fire District Review Panel may resign from membership by signed letter delivered to the Minister.
A resignation under subsection (1) takes effect—
on the day the letter is received by the Minister; or
if a later date is specified in the letter, on that later date.
S. 4E inserted by No. 20/2019 s. 61.
A member of the Fire District Review Panel may be removed from office by the Minister at any time and for any reason.
S. 4F inserted by No. 20/2019 s. 61.
The role of the Fire District Review Panel is to provide independent and informed advice to the Minister on the following matters—
whether it is necessary or desirable for the Fire Rescue Victoria fire district to be changed;
whether a change in fire risk, or something that may result in a change in fire risk, may warrant a review of the Fire Rescue Victoria fire district.
S. 4G inserted by No. 20/2019 s. 61.
The Fire District Review Panel must conduct a review of the Fire Rescue Victoria fire district at least once during—
the 4-year period beginning on the day on which this section commences; and
each subsequent 4-year period.
The Fire District Review Panel must also conduct a review of the Fire Rescue Victoria fire district if—
the Minister requests a review after receiving a recommendation of the Secretary under section 4H; or
the Minister determines under section 4M(1)(c) that a further review be conducted.
S. 4H inserted by No. 20/2019 s. 61.
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