Victoria State Emergency Service Regulations 2017

to provide for—

the discipline of registered members and probationary members; and

the development and provision of exercises and training for registered members; and

the cessation of membership of registered members and probationary members of the Service; and

the insignia of the Service; and

criminal record checks for persons applying to be registered members or probationary members; and

other miscellaneous matters; and

to revoke the Victoria State Emergency Service Regulations 2006 and the Victoria State Emergency Service Amendment Regulations 2012.

emergency management planning;

emergency response including—

responding to floods, earthquakes and storms, and the effects of floods, earthquakes and storms; and

providing rescue services;

emergency support;

coordinating and engaging in other emergency activities for the purposes of the Act;

participating in civil defence activities;

managing traffic in accordance with section 40 of the Act;

a contravention of the Act or these Regulations (other than Part 3 of these Regulations);

the commission of an unlawful act by a registered member or a probationary member while on duty;

the commission of an unlawful act by a registered member or a probationary member while not on duty that is likely to harm the operation or reputation of the Service;

the discharge of duties as a registered member or a probationary member in a negligent manner;

behaviour while on duty that is disruptive, uncooperative or incompetent and that disruption, uncooperativeness or incompetence is likely to cause harm to the operation or reputation of the Service;

any form of harassment or bullying of a Service member by a registered member or a probationary member;

any form of harassment or bullying of a person (other than a Service member) by a registered member or a probationary member while on duty;

a failure or refusal of a registered member or a probationary member to comply with—

a lawful command or instruction of the Chief Officer, Operations or a controller of the registered member's or the probationary member's unit; or

a standing order of the Service;

the provision of false or misleading information to the Service or the Authority;

a failure of a registered member or a probationary member to disclose to the Service or the Authority a material change in circumstances that may adversely affect—

the registered member's or the probationary member's ability to perform the duties of a registered member or a probationary member; or

the operation of the Service;

a failure of a registered member or a probationary member to take reasonable care for the registered member's or the probationary member's own health and safety while on duty;

a failure to take reasonable care for the health or safety of persons who may be affected by acts or omissions of a registered member or a probationary member while on duty;

a failure while on duty to cooperate with the Authority with respect to any action taken by the Authority to comply with a requirement under the Occupational Health and Safety Act 2004 or the regulations made under that Act;

a failure to cooperate in accordance with regulation 7(3);

the commission of any other act or behaviour that is intended to cause harm to the operation or reputation of the Service;

A Service member who has reasonable grounds to believe that a registered member or a probationary member has engaged in misconduct must take reasonable steps to resolve the matter informally with the registered member or the probationary member as soon as reasonably practicable.

If a Service member is unable to resolve the matter informally in accordance with subregulation (1), the Service member must take reasonable steps to resolve the matter in accordance with the grievance policy of the Authority as soon as reasonably practicable.

A Service member must cooperate with an attempt to resolve a matter in accordance with subregulation (1) or (2).

In this regulation, misconduct as defined in regulation 5, does not include paragraphs (b) and (c).

If a Service member is unable to resolve a matter in accordance with regulation 7(1) or (2), the Service member may make a complaint in relation to the matter to the Chief Officer, Operations.

A complaint under subregulation (1) must—

be in writing; and

specify the facts or matters that the Service member has knowledge of and in respect of which the Service member has formed a reasonable belief that the registered member or the probationary member has engaged in misconduct.

In this regulation, misconduct as defined in regulation 5, does not include paragraphs (b) and (c).

If a Service member has reasonable grounds to believe that a registered member or a probationary member has engaged in misconduct, the Service member may make a complaint to the Chief Officer, Operations.

A complaint under subregulation (1) must—

be in writing; and

specify the facts or matters that the Service member has knowledge of and in respect of which the Service member has formed a reasonable belief that the registered member or the probationary member has engaged in misconduct.

In this regulation, misconduct as defined in regulation 5, does not include paragraphs (a), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) and (o).

A person (other than a Service member referred to in regulation 8 or 9) who has reasonable grounds to believe that a registered member or a probationary member has engaged in misconduct may make a complaint to the Chief Officer, Operations.

A complaint under subregulation (1) must—

be in writing; and

specify the facts or matters that the person has knowledge of and in respect of which the person has formed a reasonable belief that the registered member or the probationary member has engaged in misconduct.

The Chief Officer, Operations must give a registered member or a probationary member who is the subject of a complaint written notice of the complaint within 14 days after the complaint is made.

The notice must—

set out a summary or details of the complaint; and

specify the type of misconduct alleged.

A person or a Service member who has made a complaint under regulation 8, 9 or 10 may withdraw that complaint by giving written notice to—

the Chief Officer, Operations, before the complaint is referred to the Authority for a hearing; or

the Authority, after a complaint has been referred to the Authority for a hearing and before the hearing is conducted.

The Chief Officer, Operations or the Authority (as the case requires) must, within 14 days after receiving a notice under subregulation (1) to withdraw a complaint, give the registered member or the probationary member who is the subject of the complaint written notice that the complaint has been withdrawn.