06-130sr003

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Version No. 003
Victoria State Emergency Service
Regulations 2006
S.R. No. 130/2006
Version incorporating amendments as at
1 July 2012
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
5
1
Objectives
Authorising provision
Definitions
Revocation
Insignia
1
1
2
2
3
PART 2—DISCIPLINE
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
4
Complaints against registered members and probationary
members
Withdrawal of complaints
Chief Officer, Operations to notify a registered member or
probationary member of complaint
Investigation of complaints
Investigation of certain things discovered during investigations
of complaints
Time limit for completion of investigations
Notification of results of investigation and action to be taken
by Chief Officer, Operations
Laying of charges
Dismissal of complaint or withdrawal of charge
Chief Officer, Operations may suspend membership during
the investigation in certain cases
Hearing of charges
Dismissal of charge after conduct of hearing
Penalties that may be imposed if charge substantiated
Suspension without hearing if member charged with offence
punishable by imprisonment
Disciplinary action without hearing if member found guilty of
offence punishable by imprisonment
Right of review of certain decisions of Authority
i
4
5
5
6
6
7
8
8
9
10
10
11
11
12
13
14
Regulation
22
23
Page
When penalties take effect
Authority may stay effect of suspensions or cancellations
14
15
PART 3—TRAINING AND EXERCISES OF REGISTERED
MEMBERS
16
24
25
26
27
28
29
30
31
Chief Officer, Operations to develop exercises and training
for registered members
Controllers to be informed of range of exercises and training
to be provided to registered members
Approval of training and exercise plan or syllabus by Chief
Officer, Operations
Provision of training and exercises in accordance with
approved plan or syllabus
Registered members must attend minimum number of
exercises and training in a year
Audit of attendances
Recommendation to cancel membership after failure to
complete exercises and training
Chief Officer, Operations may cancel membership for
non-attendance or lack of competency
PART 4—MISCELLANEOUS
32
33
34
35
36
16
16
17
18
18
19
19
19
22
Endorsement of programs
Criminal record checks
Identity cards for members
Cessation of membership
Property of the Authority under the control of registered units
__________________
SCHEDULE—Insignia of the Victoria State Emergency Service
22
22
22
22
23
24
═══════════════
ENDNOTES
25
1. General Information
25
2. Table of Amendments
26
3. Explanatory Details
27
ii
Version No. 003
Victoria State Emergency Service
Regulations 2006
S.R. No. 130/2006
Version incorporating amendments as at
1 July 2012
PART 1—PRELIMINARY
1 Objectives
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.
2 Authorising provision
These Regulations are made under section 55 of
the Victoria State Emergency Service Act 2005.
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Part 1—Preliminary
r. 3
3 Definitions
In these Regulations—
Reg. 3 def. of
complaint
amended by
S.R. No.
69/2012 reg. 5.
complaint means a complaint to the Chief Officer,
Operations under regulation 6(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 Victoria State Emergency
Service Act 2005;
traffic emergency has the meaning given to it by
section 40(7) of the Act.
4 Revocation
The Victoria State Emergency Service
Regulations 19951 are revoked.
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Part 1—Preliminary
r. 5
5 Insignia
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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S.R. No. 130/2006
Part 2—Discipline
r. 6
PART 2—DISCIPLINE
6 Complaints against registered members and
probationary members
(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—
Reg. 6(1)(f)(i)
amended by
S.R. No.
69/2012 reg. 5.
(i) a lawful command or instruction of the
Chief Officer, 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.
Reg. 6(2)
amended by
S.R. No.
69/2012 reg. 5.
(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 Chief Officer,
Operations.
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(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.
7 Withdrawal of complaints
A complaint may be withdrawn by notice in
writing to—
(a) the Chief Officer, Operations before a charge
is laid; or
Reg. 7(a)
amended by
S.R. No.
69/2012 reg. 5.
(b) the Authority after a charge has been laid but
before the hearing of the charge.
8 Chief Officer, Operations to notify a registered
member or probationary member of complaint
(1) The Chief Officer, Operations must give a
registered member or probationary member
against whom a complaint has been made notice
of the complaint within 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.
5
Reg. 8
(Heading)
amended by
S.R. No.
69/2012 reg. 6.
Reg. 8(1)
amended by
S.R. No.
69/2012 reg. 5.
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S.R. No. 130/2006
Part 2—Discipline
r. 9
9 Investigation of complaints
Reg. 9(1)
amended by
S.R. No.
69/2012 reg. 5.
(1) Subject to this Part, the Chief Officer, Operations
must, within 14 days after receiving a complaint,
decide whether to investigate the complaint.
Reg. 9(2)
amended by
S.R. No.
69/2012 reg. 5.
(2) The Chief Officer, 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.
Reg. 9(3)
amended by
S.R. No.
69/2012 reg. 5.
(3) The Chief Officer, Operations must not
commence an investigation of a complaint unless
he or she has given notice, under regulation 8, to
the registered member or probationary member
against whom the complaint has been made.
10 Investigation of certain things discovered during
investigations of complaints
Reg. 10(1)
amended by
S.R. No.
69/2012 reg. 5.
(1) If, during the course of an investigation of a
complaint (the initial investigation), the Chief
Officer, 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
Chief Officer, Operations may also investigate
that other thing.
Reg. 10(2)
amended by
S.R. No.
69/2012 reg. 5.
(2) Subject to subregulation (3), for the purposes of
these Regulations, the Chief Officer, Operations
may also investigate that other thing as if a
complaint had been made in respect of that thing
against the registered member or probationary
member the subject of the initial investigation.
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Part 2—Discipline
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(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.
11 Time limit for completion of investigations
(1) Subject this regulation, if the Chief Officer,
Operations decides to conduct an investigation
into a complaint, the Chief Officer, Operations
must complete the investigation within 28 days
after commencing it.
Reg. 11(1)
amended by
S.R. No.
69/2012 reg. 5.
(2) The Chief Officer, Operations may extend the
period of time within which he or she must
complete the investigation if—
Reg. 11(2)
amended by
S.R. No.
69/2012 reg. 5.
(a) the Chief Officer, 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
Reg. 11(2)(a)
amended by
S.R. No.
69/2012 reg. 5.
(b) the Chief Officer, Operations has been
unable to complete the investigation within
28 days after commencing it because of an
emergency.
Reg. 11(2)(b)
amended by
S.R. No.
69/2012 reg. 5.
(3) The period of time the Chief Officer, Operations
may extend an investigation must not exceed
28 days.
Reg. 11(3)
amended by
S.R. No.
69/2012 reg. 5.
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Part 2—Discipline
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Reg. 11(4)
amended by
S.R. No.
69/2012 reg. 5.
(4) If the Chief Officer, Operations extends the period
of time within which he or she must complete the
investigation, the Chief Officer, 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.
Reg. 12
(Heading)
amended by
S.R. No.
69/2012 reg. 6.
Reg. 12(1)
amended by
S.R. No.
69/2012 reg. 5.
12 Notification of results of investigation and action to
be taken by Chief Officer, Operations
(1) Subject to regulation 14(1), within 14 days after
completing an investigation, the Chief Officer,
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
Reg. 12(1)(b)
amended by
S.R. No.
69/2012 reg. 5.
(b) that the Chief Officer, 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.
Reg. 12(2)
amended by
S.R. No.
69/2012 reg. 5.
(2) The Chief Officer, Operations must give notice
under subregulation (1) to the registered member
or probationary member at least 14 days before
the date of the hearing set out in the notice.
Reg. 13
amended by
S.R. No.
69/2012 reg. 5.
13 Laying of charges
If the Chief Officer, Operations decides to charge
a registered member or probationary member, he
or she must, at the same time as giving notice
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under regulation 12, 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.
14 Dismissal of complaint or withdrawal of charge
(1) The Chief Officer, Operations—
(a) must dismiss a complaint; or
Reg. 14(1)
amended by
S.R. No.
69/2012 reg. 5.
(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 Chief Officer, Operations or the Authority
(as the case requires) dismisses a complaint or
withdraws a charge under this regulation, the
Chief Officer, Operations or the Authority must
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.
9
Reg. 14(3)
amended by
S.R. No.
69/2012 reg. 5.
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S.R. No. 130/2006
Part 2—Discipline
r. 15
Reg. 15
(Heading)
amended by
S.R. No.
69/2012 reg. 6.
Reg. 15
amended by
S.R. No.
69/2012 reg. 5.
15 Chief Officer, 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 Chief Officer, 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 Chief
Officer, Operations may suspend the registered
member or probationary member at any time after
receiving the complaint or before the hearing of
any charge.
16 Hearing of charges
(1) The Authority must conduct a hearing of any
charge.
(2) In conducting the hearing the Authority—
(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.
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Part 2—Discipline
r. 17
(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.
17 Dismissal of charge after conduct of hearing
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.
18 Penalties 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.
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(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.
19 Suspension without hearing if member charged with
offence punishable by imprisonment
(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
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Part 2—Discipline
r. 20
(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 charge means a charge referred to in
subregulation (1).
20 Disciplinary action without hearing if member
found guilty of offence punishable by imprisonment
(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,
do one or more of the things listed in
regulation 18(1)(a) to (d).
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Part 2—Discipline
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(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.
21 Right of review of certain decisions of Authority
(1) A registered member or probationary member
may apply to the VCAT for review of any
decision made by the Authority under
regulation 18 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.
22 When 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.
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Part 2—Discipline
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(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.
23 Authority may stay effect of suspensions or
cancellations
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
regulation 21 is dismissed or withdrawn.
__________________
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Part 3—Training and Exercises of Registered Members
r. 24
PART 3—TRAINING AND EXERCISES OF REGISTERED
MEMBERS
Reg. 24
(Heading)
amended by
S.R. No.
69/2012 reg. 6.
24 Chief Officer, Operations to develop exercises and
training for registered members
Reg. 24(1)
amended by
S.R. No.
69/2012 reg. 5.
(1) The Chief Officer, Operations must, by 30 April
of 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.
Reg. 24(2)
amended by
S.R. No.
69/2012 reg. 5.
(2) In developing the exercises and training for
registered members to carry out, the Chief Officer,
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
may provide 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.
25 Controllers to be informed of range of exercises and
training to be provided to registered members
Reg. 25(1)
amended by
S.R. No.
69/2012 reg. 5.
(1) On the development of the exercises and training
under regulation 24, the Chief Officer, 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
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Part 3—Training and Exercises of Registered Members
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registered members of the registered unit in the
following financial year.
(2) In informing a controller of a registered unit of the
range of exercises and training developed under
regulation 24 that the controller must provide, the
Chief Officer, Operations must have regard to the
emergency activities and operations carried out
by—
Reg. 25(2)
amended by
S.R. No.
69/2012 reg. 5.
(a) each registered member of the registered
unit; and
(b) the registered unit as a whole.
26 Approval of training and exercise plan or syllabus
by Chief Officer, Operations
(1) A controller must, by 30 June in the same year in
which he or she is informed of the exercises and
training that must be provided by him or her to the
registered members of the registered unit—
Reg. 26
(Heading)
amended by
S.R. No.
69/2012 reg. 6.
(a) prepare a plan or syllabus of the exercises
that he or she must provide in the following
financial year; and
(b) forward that plan or syllabus to the Chief
Officer, Operations for approval.
Reg. 26(1)(b)
amended by
S.R. No.
69/2012 reg. 5.
(2) The Chief Officer, Operations may approve, or
refuse to approve, a plan or syllabus referred to in
subregulation (1).
Reg. 26(2)
amended by
S.R. No.
69/2012 reg. 5.
(3) A decision to approve or refuse to approve a plan
or syllabus referred to in subregulation (1) must
be made by 31 July in the same year in which the
Chief Officer, Operations receives the plan or
syllabus for approval.
Reg. 26(3)
amended by
S.R. No.
69/2012 reg. 5.
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Part 3—Training and Exercises of Registered Members
r. 27
Reg. 26(4)
amended by
S.R. No.
69/2012 reg. 5.
(4) In approving a plan or syllabus referred to in
subregulation (1), the Chief Officer, Operations
must have regard to—
(a) the emergency activities and operations
carried out by—
(i) each registered member of the
registered unit; and
(ii) the registered unit as a whole; and
(b) the range of exercises and training developed
under regulation 24 that controllers of
similar registered units or of registered units
operating in similar areas will provide.
27 Provision of training and exercises in accordance
with approved plan or syllabus
A controller of a registered unit must provide to
every registered member of the registered unit the
range of exercises and training he or she has been
informed of. The exercises and training must be
provided in accordance with the plan or syllabus
approved under regulation 26.
28 Registered members must attend minimum number
of exercises and training in a year
(1) A registered member must every year attend at
least 60% of all exercises and training provided to
the registered unit of which they are a member
and which are applicable to the emergency
activities and operations carried out by that
member.
(2) A registered member must not, in a year, fail to
attend, for 3 months or more, exercises and
training provided to the registered unit of which
they are a member and which are applicable to the
emergency activities and operations carried out by
that member.
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Part 3—Training and Exercises of Registered Members
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29 Audit of attendances
A controller of a registered unit must, by
31 December every year, forward to the Chief
Officer, Operations the names of all registered
members of the registered unit who have not
complied with regulation 28(1) or (2) in that year.
30 Recommendation to cancel membership after
failure to complete exercises and training
If, in the opinion of the controller of a registered
unit, a registered member who has undertaken
relevant exercises and training, has failed to
satisfactorily complete those exercises and
training, the controller may recommend to the
Chief Officer, Operations that the registered
member's registration be cancelled.
31 Chief Officer, Operations may cancel membership
for non-attendance or lack of competency
Reg. 29
amended by
S.R. No.
69/2012 reg. 5.
Reg. 30
amended by
S.R. No.
69/2012 reg. 5.
Reg. 31
(Heading)
amended by
S.R. No.
69/2012
reg. 7(1).
(1) On receipt of the name of a registered member in
accordance with regulation 29, or a
recommendation under regulation 30, the Chief
Officer, Operations may, in accordance with this
regulation, cancel the registration of the relevant
registered member.
Reg. 31(1)
amended by
S.R. No.
69/2012
reg. 7(2).
(2) Before the Chief Officer, Operations cancels the
registration of a registered member under this
regulation, the Chief Officer must, in all cases,
send a letter to the registered member informing
the registered member that—
Reg. 31(2)
amended by
S.R. No.
69/2012
reg. 7(2)(3).
(a) he or she proposes to cancel the registered
member's membership and the reasons for
that proposal; and
19
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S.R. No. 130/2006
Part 3—Training and Exercises of Registered Members
r. 31
(b) the registered member has 7 days from
receiving the letter to—
(i) request to continue as a registered
member; and
(ii) give the reasons why he or she should
continue to be a registered member.
Note
Section 49 of the Interpretation of Legislation Act 1984
applies to the sending of a letter under subregulation (2).
Reg. 31(3)
amended by
S.R. No.
69/2012
reg. 7(2).
(3) In the case where the Chief Officer, Operations
proposes to cancel the registration of a registered
member because of a failure to comply with
regulation 28(2), the Chief Officer, Operations—
(a) must also, in the letter to be sent to the
registered member, inform the registered
member that he or she may return to active
service or take a leave of absence from the
Service; and
(b) may consult with the controller of the
registered member's registered unit to
determine—
(i) the reasons for that non-compliance;
and
(ii) whether the registered member wishes
to continue to be a registered member.
Reg. 31(4)
amended by
S.R. No.
69/2012
reg. 7(2).
(4) If—
(a) a registered member who has been sent a
letter in accordance with subregulation (2),
wishes to continue to be a registered
member; or
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S.R. No. 130/2006
Part 3—Training and Exercises of Registered Members
r. 31
(b) the Chief Officer, Operations is of the view
that a registered member to whom
subregulation (3) applies wishes to continue
to be a registered member—
Reg. 31(4)(b)
amended by
S.R. No.
69/2012
reg. 7(2).
the Chief Officer, Operations must arrange for the
registered member to undertake appropriate
exercises and training to determine whether the
registered member is fit and competent to carry
out the emergency activities and operations for
which they have been trained.
(5) The Chief Officer, Operations may cancel the
registration of a registered member if—
(a) the registered member does not reply to the
letter sent to them in accordance with
subregulation (2); or
(b) the registered member fails to satisfactorily
complete the exercises and training
undertaken in accordance with
subregulation (4).
__________________
21
Reg. 31(5)
amended by
S.R. No.
69/2012
reg. 7(2).
Victoria State Emergency Service Regulations 2006
S.R. No. 130/2006
Part 4—Miscellaneous
r. 32
PART 4—MISCELLANEOUS
Reg. 32
amended by
S.R. No.
69/2012 reg. 5.
32 Endorsement of programs
A controller or registered member or probationary
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 Chief Officer, Operations.
Reg. 33
amended by
S.R. No.
69/2012 reg. 5.
33 Criminal record checks
Reg. 34
amended by
S.R. No.
69/2012 reg. 5.
34 Identity cards for members
An applicant for registration as a registered
member or a probationary member must provide
the Chief Officer, Operations with any necessary
authority for the Chief Officer, Operations to
conduct a criminal record search or any other
enquiries about the applicant that are relevant to
the applicant's suitability for registration as a
registered member or a probationary member.
Any identity card issued by the Chief Officer,
Operations to a registered member or probationary
member must be—
(a) signed by the registered member or
probationary member; and
(b) carried by the registered member or
probationary member while on duty.
Reg. 35
amended by
S.R. No.
69/2012 reg. 5.
35 Cessation of membership
Within 7 days after ceasing to be a registered
member or probationary member (whether by
cancellation or otherwise) a person must 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
registered member or probationary member to the
controller of his or her registered unit, or if he or
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Victoria State Emergency Service Regulations 2006
S.R. No. 130/2006
Part 4—Miscellaneous
r. 36
she is a controller of a registered unit, to the Chief
Officer, Operations.
36 Property of the Authority under the control of
registered units
(1) All property owned or issued by the Authority,
and under the control of a registered unit may be
withdrawn from that registered unit and deployed
to any other unit to perform the functions of the
Authority.
(2) A registered member or probationary member
must not use any property under the control of a
registered unit for any purpose other than
Authority activities without the prior approval of
the Chief Officer, Operations.
__________________
23
Reg. 36(2)
amended by
S.R. No.
69/2012 reg. 5.
Victoria State Emergency Service Regulations 2006
S.R. No. 130/2006
Sch.
SCHEDULE
Regulation 5
INSIGNIA OF THE VICTORIA STATE EMERGENCY
SERVICE
1.
Emblem
2.
Logo
═══════════════
24
Victoria State Emergency Service Regulations 2006
S.R. No. 130/2006
Endnotes
ENDNOTES
1. General Information
The Victoria State Emergency Service Regulations 2006, S.R. No. 130/2006
were made on 3 October 2006 by the Governor in Council under section 55
of the Victoria State Emergency Service Act 2005, No. 51/2005 and came
into operation on 3 October 2006.
The Victoria State Emergency Service Regulations 2006 will sunset 10 years
after the day of making on 3 October 2016 (see section 5 of the Subordinate
Legislation Act 1994).
25
Victoria State Emergency Service Regulations 2006
S.R. No. 130/2006
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Victoria State Emergency
Service Regulations 2006 by statutory rules, subordinate instruments and
Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Victoria State Emergency Service Amendment Regulations 2012, S.R. No. 69/2012
Date of Making:
28.6.12
Date of Commencement:
1.7.12: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
26
Victoria State Emergency Service Regulations 2006
S.R. No. 130/2006
Endnotes
3. Explanatory Details
1
Reg. 4: S.R. No. 17/1995.
27
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