Rural Law Online A guide to the law for Victorian Primary Producers

Volunteer firefighters

Responsibilities

In order to be recognised as a CFA volunteer, you must enrol as a member of a brigade (Country Fire Authority Regulations 2004(Vic)). There is usually a six months' probationary period, though that can be waived if a person is simply transferring from one brigade to another (Country Fire Authority Regulations 2004 (Vic)). Brigade members must comply with the CFA training requirements and may also have to undergo fitness tests. The CFA has the power to control volunteers when they are at the scene of a fire (Country Fire Authority Act1958 (Vic)).

Offences and penalties

Under the Country Fire Authority Regulations2004 (Vic), CFA brigade members can be charged over various offences, including:

  • attending a call for assistance that is not a fire and the attendance is without the chief officer's approval;
  • being a member of an unregistered brigade;
  • not being properly enrolled in a registered brigade;
  • not carrying out proper inspections;
  • contravening a legal direction of the chief officer;
  • misconduct;
  • being negligent in the discharge of their duties;
  • being inefficient or incompetent; and
  • disgraceful or improper conduct.

There are a variety of penalties under CFA regulations for these offences, including:

  • an admonition;
  • a reprimand;
  • a fine up to approximately $2000;
  • a reduction in rank;
  • a reduction in classification;
  • a reduction in salary;
  • position transfer for a specified or non-specified period; or
  • termination.

Compensation

CFA employees are covered by workers compensation under the Country Fire Authority Act 1958(Vic) (the CFA Act), and receive paid leave, salaries and other common employment rights.

Under the CFA Act, volunteer firefighters do not receive any remuneration or reward for voluntarily fighting fires in or outside Victoria with a Victorian brigade or brigades (but not an industry brigade). They are called 'casual firefighters' or 'volunteer officers or members' and are entitled to compensation for the following:

  • personal injury, including death;
  • destruction or damage of their working apparel, equipment and vehicles;
  • medical expenses;
  • loss of income due to personal injury.

Immunity

The CFA Act also established that CFA officers, volunteers or other authorised people acting in good faith under proper CFA instructions will not be held personally liable in any subsequent legal action. The CFA bears any subsequent liability.

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