Victoria State Emergency Service Regulations 2006 · Web view26. Approval of training and exercise plan or syllabus by Director of Operations 17 27. Provision of training and exercises

Victoria State Emergency Service Regulations 2006

S.R. No. 130/2006

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1. Objectives 12. Authorising provision 23. Definitions 24. Revocation 35. Insignia 3

PART 2—DISCIPLINE 4

6. Complaints against registered members and probationary members 4

7. Withdrawal of complaints 58. Director of Operations to notify a registered member or

probationary member of complaint 59. Investigation of complaints 510. Investigation of certain things discovered during investigations of

complaints 611. Time limit for completion of investigations 712. Notification of results of investigation and action to be taken by

Director of Operations 813. Laying of charges 914. Dismissal of complaint or withdrawal of charge 915. Director of Operations may suspend membership during the

investigation in certain cases 1016. Hearing of charges 1017. Dismissal of charge after conduct of hearing 1118. Penalties that may be imposed if charge substantiated 11

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19. Suspension without hearing if member charged with offence punishable by imprisonment 12

20. Disciplinary action without hearing if member found guilty of offence punishable by imprisonment 13

21. Right of review of certain decisions of Authority 1422. When penalties take effect 1423. Authority may stay effect of suspensions or cancellations 15

PART 3—TRAINING AND EXERCISES OF REGISTERED MEMBERS 16

24. Director of Operations to develop exercises and training for registered members 16

25. Controllers to be informed of range of exercises and training to be provided to registered members 16

26. Approval of training and exercise plan or syllabus by Director of Operations 17

27. Provision of training and exercises in accordance with approved plan or syllabus 18

28. Registered members must attend minimum number of exercises and training in a year 18

29. Audit of attendances 1930. Recommendation to cancel membership after failure to complete

exercises and training 1931. Director of Operations may cancel membership for non-

attendance or lack of competency 19

PART 4—MISCELLANEOUS 22

32. Endorsement of programs 2233. Criminal record checks 2234. Identity cards for members 2235. Cessation of membership 2236. Property of the Authority under the control of registered units 23

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SCHEDULE—Insignia of the Victoria State Emergency Service 24

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INDEX 26

STATUTORY RULES 2006

S.R. No. 130/2006

Victoria State Emergency Service Act 2005

Victoria State Emergency Service Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 3 October 2006

Responsible Minister:

TIM HOLDINGMinister for Police and Emergency Services

RUTH LEACHClerk of the Executive Council

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

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(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.

3. Definitions

In these Regulations—

"complaint" means a complaint to the Director of 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;

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Victoria State Emergency Service Regulations 2006S.R. No. 130/2006

(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

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The Victoria State Emergency Service Regulations 19951 are revoked.

5. Insignia

1 Reg. 4: S.R. No. 17/1995.

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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

INDEX

SubjectRegulation

Act (def.)3Authority powers regarding charges, disciplinary action9, 14, 16–20, 23review of decisions of21Charges

criminal charges19–20 decision to charge12dismissal14, 17, 19 hearings13, 16 laying of13notice requirements 12–14, 18–20 penalties if

substantiated18 suspension of membership before hearing15 withdrawal14, 19Chief Executive Officer5Complaints actions, inactions complaints based on6

definition3 dismissal12, 14 investigations of9–12making of6 notice requirements8–11suspension of

membership after receiving15 withdrawal7, 12See also ChargesControllers conduct of courses without prior approval32 functions regarding training, exercises25–27, 29–30Criminal record checks33Definitions3, 19Director of Operations powers, functions regardingapproval of courses 32cancellation of registration31complaints, charges, investigations6–14criminal record checks33suspension of membership15training, exercises24–26use of Authority property36Emergency activities and operations (def.)3Exercises See Training and exercisesInsignia5, Sch.Investigations9–12Members cancellation of membership18, 20, 22 cancellation of registration30–31 cessation of membership35 conduct of courses without prior approval32Subject

Regulation

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Service equipment and activities or as determined by the Chief Executive Officer from time to time.

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criminal record checks33 identity cards18, 34–35 reduction in rank or classification18, 20, 22 reprimands18, 20stay of effect of suspension, cancellation23 suspension of membership15, 18–20, 22

use of property under control of registered units36See also Charges; Complaints;

Training and exercises Probationary members See MembersProperty36Registered members

See Members; Training and exercises Regulationsauthorising provision2 objectives1revocation4Review21Revocation4Training and exercisesapproval of plan, syllabus for26 attendance at28, 31controllers to be informed of range of25 development

by Director of Operations 24 non-attendance at, lack of competence in28–31 provision27Victorian Civil and Administrative Tribunal21

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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—

(i) a lawful command or instruction of the Director of Operations or the controller of his or her unit; or

(ii) a standing order of the Service; or

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(g) gives false or misleading information in a material particular to the Service or the Authority.

(2) A person who has reasonable grounds to believe that a registered member or probationary member has done a thing referred to in sub-regulation (1) may make a complaint to the Director of Operations.

(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 Director of Operations before a charge is laid; or

(b) the Authority after a charge has been laid but before the hearing of the charge.

8. Director of Operations to notify a registered member or probationary member of complaint

(1) The Director of 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.

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(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.

9. Investigation of complaints

(1) Subject to this Part, the Director of Operations must, within 14 days after receiving a complaint, decide whether to investigate the complaint.

(2) The Director of 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.

(3) The Director of Operations must not commence an investigation of a complaint unless he or she

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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

(1) If, during the course of an investigation of a complaint ("the initial investigation"), the Director of 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 Director of Operations may also investigate that other thing.

(2) Subject to sub-regulation (3), for the purposes of these Regulations, the Director of 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.

(3) Notice of an investigation into a thing referred to in sub-regulation (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.

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(4) If notice is given to a registered member or probationary member in accordance with sub-

regulation (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 sub-regulation.

11. Time limit for completion of investigations

(1) Subject this regulation, if the Director of Operations decides to conduct an investigation into a complaint, the Director of Operations must complete the investigation within 28 days after commencing it.

(2) The Director of Operations may extend the period of time within which he or she must complete the investigation if—

(a) the Director of 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

(b) the Director of Operations has been unable to complete the investigation within 28 days after commencing it because of an emergency.

(3) The period of time the Director of Operations may extend an investigation must not exceed 28 days.

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(4) If the Director of Operations extends the period of time within which he or she must complete the investigation, the Director of 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.


12. Notification of results of investigation and action to be taken by Director of Operations

(1) Subject to regulation 14(1), within 14 days after completing an investigation, the Director of 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

(b) that the Director of 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.

(2) The Director of Operations must give notice under sub-regulation (1) to the registered member or probationary member at least 14 days before the date of the hearing set out in the notice.

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13. Laying of charges

If the Director of Operations decides to charge a registered member or probationary member, he or she must, at the same time as giving notice 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 Director of Operations—

(a) must dismiss a complaint; or

(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.

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(2) If a hearing has commenced under this Part, only the Authority may dismiss a charge.

(3) If the Director of Operations or the Authority (as

the case requires) dismisses a complaint or withdraws a charge under this regulation, the Director of 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.


15. Director of 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 Director of 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 Director of 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

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(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.

(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

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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.

(2) The Authority must give the registered member or probationary member notice, in writing, of any

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action taken under sub-regulation (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 sub-regulation (1)(c) must, on being given notice of the suspension under sub-regulation (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—

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(a) the criminal charge on which the suspension was based is withdrawn or dismissed; or

(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.


(5) In this regulation—

"criminal charge" means a charge referred to in sub-regulation (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

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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).

(2) Without limiting sub-regulation (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 sub-regulation (2) and the reasons for taking that action.


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

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(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.

(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

24. Director of Operations to develop exercises and training for registered members

(1) The Director of 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.

(2) In developing the exercises and training for registered members to carry out, the Director of 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 sub-regulation (1), the exercises and training developed under that sub-regulation 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

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(1) On the development of the exercises and training under regulation 24, the Director of 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 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 Director of Operations must have regard to the emergency activities and operations carried out by—

(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 Director of 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—

(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 Director of Operations for approval.

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(2) The Director of Operations may approve, or refuse to approve, a plan or syllabus referred to in sub-regulation (1).

(3) A decision to approve or refuse to approve a plan or syllabus referred to in sub-regulation (1) must be made by 31 July in the same year in which the Director of Operations receives the plan or syllabus for approval.

(4) In approving a plan or syllabus referred to in sub-regulation (1), the Director of 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

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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.

29. Audit of attendances

A controller of a registered unit must, by 31 December every year, forward to the Director of Operations the names of all registered members of the registered unit who have not complied with regulation 28(1) or (2) in that year.

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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 Director of Operations that the registered member's registration be cancelled.

31. Director of Operations may cancel membership for non-attendance or lack of competency

(1) On receipt of the name of a registered member in accordance with regulation 29, or a recommendation under regulation 30, the Director of Operations may, in accordance with this regulation, cancel the registration of the relevant registered member.

(2) Before the Director of Operations cancels the registration of a registered member under this regulation, the Director must, in all cases, send a letter to the registered member informing the registered member that—

(a) he or she proposes to cancel the registered member's membership and the reasons for that proposal; and

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(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 sub-regulation (2).

(3) In the case where the Director of Operations proposes to cancel the registration of a registered member because of a failure to comply with regulation 28(2), the Director of 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.

(4) If—

(a) a registered member who has been sent a letter in accordance with sub-regulation (2),

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wishes to continue to be a registered member; or

(b) the Director of Operations is of the view that a registered member to whom sub-regulation (3) applies wishes to continue to be a registered member—

the Director of 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 Director of 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 sub-regulation (2); or

(b) the registered member fails to satisfactorily complete the exercises and training undertaken in accordance with sub-regulation (4).

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PART 4—MISCELLANEOUS

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 Director of Operations.

33. Criminal record checks

An applicant for registration as a registered member or a probationary member must provide the Director of Operations with any necessary authority for the Director of 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.

34. Identity cards for members

Any identity card issued by the Director of 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.

35. Cessation of membership

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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 she is a controller of a registered unit, to the Director of 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 Director of Operations.

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SCHEDULE

Regulation 5

INSIGNIA OF THE VICTORIA STATE EMERGENCY SERVICE

1. Emblem

2. Logo

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Sch.

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ENDNOTES

Endnotes

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Documents

Victoria State Emergency Service Regulations 2006 · Web view26. Approval of training and exercise plan or syllabus by Director of Operations 17 27. Provision of training and exercises