COUNTRY FIRE AUTHORITY ACT 1958

Table of Provisions

• Long Title

• 1 Short title and commencement  
• 3 Definitions  
• 4 Declaration of fire danger period  

PART I--CONSTITUTION OF COUNTRY FIRE AUTHORITY

• 6 Appointment of Country Fire Authority  
• 6A Accountability of Authority  
• 6B Objective  
• 6C Emergency Management Victoria  
• 6D Compliance with operational standards of Emergency Management Commissioner  
• 6DA Report on compliance with operational standards developed by the Emergency Management Commissioner  
• 6DB Strategic Action Plan  
• 6E Compliance with incident management operating procedures  
• 6F Recognition of Authority as a volunteer-based organisation  
• 6G Recognition of the Volunteer Charter  
• 6H Authority to have regard to Volunteer Charter  
• 6I Authority's responsibility to encourage, maintain and strengthen capacity of volunteers  
• 7 Constitution of the Authority  
• 7AA Authority is the same body  
• 7A Member of Authority not holding office etc. under Crown  
• 8 Term of office of members  
• 9 Chairperson  
• 9A Rights of Chairperson in relation to the public service and superannuation  
• 9B Deputy chairperson  
• 10 Quorum of Authority  
• 11 Voting at meetings  
• 11A Conflicts of interest  
• 12 Minutes  
• 12A Fees of members of Authority  
• 13 Expenses of chairperson, deputy chairperson and members  

PART II--FIRE CONTROL REGIONS, OFFICERS ETC.

• 14 Control of the prevention and suppression of fires in the country area  
• 15 Proclamation of fire control regions  
• 16 Effect of alteration of municipal boundaries  
• 16A Chief Executive Officer  
• 16B Acting Chief Executive Officer  
• 16C Delegation of powers of Chief Executive Officer  
• 17 Officers and employees  
• 17A Volunteer auxiliary workers  
• 18 Salaries or wages of officers etc.  
• 18A Immunity for officers etc.  
• 19 Long service leave of officers etc.  

PART III--COUNTRY FIRE CONTROL

Division 1--General

• 20 General duty of Authority  
• 20AAA Duty to assist in major emergency  
• 20AA General powers of Authority  
• 20A Attendances unconnected with a fire  
• 20B False alarm of fire  
• 21 Property of Authority etc.  
• 21A Power to grant Crown land to Authority  
• 21B Power to acquire land  
• 22 Persons holding property of brigades may transfer it to Authority or sell it etc.  
• 23 General powers of Authority with respect to brigades, apparatus etc.  
• 23AA Industry brigades  
• 23A Groups of brigades  
• 24 Annual report  
• 25 Election of officers of volunteer brigades  
• 26 Prohibition of unregistered brigades  
• 27 Chief Officer to have control of all brigades etc.  
• 28 Powers and duties of Chief Officer  
• 29 General powers and duties of Chief Officer  

Division 2--Fire suppression

• 30 Powers of officers at fires  
• 30A Authorisation of certain persons  
• 31 Police to assist Chief Officer etc.  
• 32 Duties of water, electricity and gas suppliers  
• 33 Determination of sole responsibility for fire suppression in certain areas  
• 34 Duties of owner etc. of land in case of fire during fire danger period  

Division 3--Fire prevention

• 34A Meaning of in the open air  
• 36 Authority may require certain municipalities to provide hydrants in streets etc.  
• 36A Determination of sole responsibility for fire prevention in certain areas  
• 37 General prohibition against lighting open air fires  
• 37A Direction not to light fire  
• 38 Lighting fires in accordance with permit  
• 38A Fires for certain purposes to be lawful  
• 39 Prohibited actions near fires  
• 39A Causing fire in country area in extreme conditions of weather etc. an offence  
• 39B Defences  
• 39C Causing fire in a country area with intent to cause damage etc. an indictable offence  
• 39D Application  
• 39E Prohibition of high fire risk activities  
• 40 Provisions about total fire bans  
• 41 Fire prevention notices  
• 41A Service of notices  
• 41B Objection to notices  
• 41C Appeal against notices  
• 41D Compliance with notices  
• 41E Fire prevention infringement notices  
• 41F Issue of notices by Chief Officer  
• 42 Brigades may carry out fire prevention work  
• 43 Duties and powers of councils and public authorities in relation to fire  
• 44A Power to Chief Officer to close roads  
• 45 Power to Governor in Council to transfer municipal officers' powers  
• 46 Failure by public authority etc. to observe provisions of this Act  
• 46A Power to arrest  
• 47 Construction of this Division  
• 48 Power to police, Chief Officer etc. to direct extinguishment of fire  
• 49 Obligation of sawmillers  
• 50 Required safety features of motor vehicles driven during fire danger period near crops  
• 50AA Alarm monitoring service to provide prescribed information  

PART IIIA--IMPROVING COMMUNITY SAFETY

Division 1--Definitions

• 50A Definitions  

Division 2--Duty to warn community

• 50B Duty to warn the community  

Division 3--Neighbourhood safer places

• 50E Country Fire Authority Assessment Guidelines  
• 50F Municipal Council Neighbourhood Safer Places Plan  
• 50G Municipal councils to identify and designate neighbourhood safer places  
• 50H Appropriate signage for designated neighbourhood safer places  
• 50I Maintenance of designated neighbourhood safer places  
• 50J Annual assessment of designated neighbourhood safer places  
• 50K Municipal fire prevention officer to provide up to date list of designated places to Authority  
• 50L Authority to keep up to date list of all designated neighbourhood safer places  

Division 4--Liability in relation to designated neighbourhood safer places

• 50M Application of Part XII of Wrongs Act 1958  
• 50N Liability relating to designated neighbourhood safer places  
• 50O Policy defence  

Division 5--Advice on defendability of buildings

• 50P Chief Officer may advise on defendability of buildings  

PART IV--REGIONAL AND MUNICIPAL FIRE PREVENTION COMMITTEES

Division 1--Preliminary

• 51 Definition  

Division 2--Regional fire prevention committees

• 52 Appointment of regional fire prevention committees  
• 53 Functions of committee  

Division 3--Municipal fire prevention committees

• 54 Appointment of municipal fire prevention committees  
• 55 Functions of committee  
• 55A Municipal fire prevention plans  
• 55B Audit of municipal fire prevention plan  

Division 4--General

• 56 Provision in case of failure of nomination or election  
• 57 Term of office  
• 58 Filling vacancies  
• 59 Meetings  
• 59A Fire prevention sub-committees  
• 60 Travelling and personal expenses of members of fire prevention committees  

PART V--COMPENSATION OF CASUAL FIRE-FIGHTERS AND VOLUNTEER AUXILIARY WORKERS

• 62 Definitions  
• 63 Compensation in respect of injury to casual fire-fighter  
• 64 Compensation in respect of destruction or damage of wearing apparel, vehicles or equipment  
• 65 Compensation where compensation otherwise payable  

PART VA--APPEALS

Division 1--Country Fire Authority Appeals Commission

• 74A Country Fire Authority Appeals Commission  
• 74B Function of the Commission  
• 74C Membership of Commission  
• 74D Term of appointment  
• 74E Remuneration and allowances  
• 74F Application of Public Administration Act 2004  
• 74G Vacancies  
• 74H Annual report of the Commission  

Division 2--Appeals

• 74I Rights of appeal  
• 74J Appeals to be by way of re-hearing  
• 74K Proceedings of the Commission  
• 74L Assistants in proceedings  
• 74M Procedure on appeal  
• 74N Commission powers on appeal  
• 74O Costs  
• 74P Appeals against transfer  
• 74Q Promotion appeals  
• 74R Determination of Commission  
• 74S Authority and Chief Officer to give effect to determination  
• 74T Evidence of determination  

PART VI--FINANCIAL

• 75 Annual estimate of expenditure and revenue  
• 76 Amounts of contributions  
• 82 Borrowing by Authority  
• 82A Guarantee of debentures etc. of Authority  
• 83 Provision in case of default by Authority in respect of debentures  
• 84 Authority may establish funds  
• 84A Investment by Authority  
• 84B Manufacture and sale of firefighting vehicles and equipment  
• 85 Power to Treasurer to make additional grants to Authority[1]  
• 87AA Authority may charge for services under other Acts and regulations  
• 87A Recovery of charges for services  

PART VII--MISCELLANEOUS

• 92 Immunity provision  
• 93 Damage to be covered by fire insurance  
• 93A Interstate fire brigades and international fire brigades  
• 93B Activities outside country area of Victoria  
• 94 Saving of municipal councils and public authorities etc. from liability in certain cases  
• 95 Immunity provision for persons acting under certain circumstances  
• 96 Power to Authority to use water for fires and drills etc. without charge  
• 96A Municipal fire prevention officers and assistants  
• 97 Authority is a protection agency  
• 97A Authority may provide rescue and extrication services  
• 97B Authority may provide road accident rescue service  
• 97C Authority may provide protection services  
• 97D Extension and application of Act  
• 98 Place where fire occurs  
• 98AA Restriction of access to fire area  
• 98A Report of emergency incidents  
• 99A Valor medals  
• 99B Special Recognition Award  
• 100 Role of Volunteer Fire Brigades Victoria Incorporated  
• 101 Information to be furnished by associations  
• 102 Collections for brigades etc. to be authorized by Authority  
• 103 Fire brigade competitions to be authorized by Authority  
• 106 Proof of orders, directions etc. of Authority  
• 106A Damage or interference with fire indicator panel or other apparatus  
• 107 Obstruction of officers and damage to apparatus  
• 107A Offences relating to impersonation  
• 107B False report of fire  
• 108 Mode of proof that place is in country area  
• 108A Evidence of ownership or occupancy  
• 109A Power to Authority to appoint deputies  
• 109B Delegation  
• 109C Application of penalties  
• 110 Regulations  
• 111 Transitional—appeals  
• 112 Declaration of fire danger period  
• 113 Transitional—chairman  
• 114 Transitional—rights of appeal under section 74I  
• 115 Transitional—Neighbourhood safer places  
• 116 Transitional—Constitution of Authority  
• 117 Transitional—Constitution of the Authority  
ENDNOTES