CFA Act and Regulations
The Country Fire Authority Act 1958 and other Acts related to CFA can be found on the Victorian Legislation and Parliamentary Documents website. Search under 'Victorian Statute Book'.
Background
Unlike most statutes enacted by the Victorian
Parliament in recent years, the Country
Fire Authority Act 1958 does not contain
a section which spells out the purposes
or the objectives of the Act. Rather,
these must be determined by reference
to particular sections of the Act, which
spell out the powers, duties and responsibilities
of CFA, the Chief Officer, other officers,
municipal councils, etc. Of necessity,
statutory interpretation and inference
are important activities in working out
what CFA can and must do, to fulfil its
statutory charter.
Powers, Duties and Responsibilities
The following Sections of the Act appear
to be the principal sources of direction
as to the powers, duties and responsibilities
of CFA and its personnel.
DUTIES AND RESPONSIBILITIES |
| Section |
Summary of Power, Duty or Responsibility |
|
| 14 |
Control of the prevention and
suppression of fires |
| 20 |
General duty of the Authority |
| 20AA |
General powers of the Authority |
| 20A |
Attendances unconnected with
fire |
| 27 |
Chief Officer to have control of all brigades |
| 28 |
Powers and duties of Chief
Officer |
| 29 |
General powers and duties of
Chief Officer |
| 30 and 33(2) |
Powers of officers at fires |
| 35 |
Authority to inform the Chief
General Manager, Health Dept.
on certain matters |
| 36 |
Authority may require municipalities to provide hydrants |
| 44 |
Duties of officers as to inspection,
etc. |
| 44A |
Power of Chief Officer to close
roads |
| 48 |
Power of Chief Officer to direct
extinguishment |
| 97 |
Authority as a protection agency |
| 97A |
Authority may provide rescue
and extrication services |
| 97B |
Authority may provide road accident
and rescue service |
| 97C |
Authority may provide protection
service |
| 98 |
Power to investigate fires |
| |
|
| In addition, the Act sets out a number of obligations.
These are several of the more important
provisions: |
| |
|
| Section |
Summary of subject
matter |
|
| 37 |
General prohibition against lighting
fires in the open |
| 40 |
Total fire bans |
| 41 |
Fire prevention notices |
| 41F |
Issue of notices by Chief Officer |
| 49 |
Obligations of saw millers |
Other Statutes
It should be noted that some of the duties
and responsibilities placed upon the
CFA and its personnel derive from other
statutes, for example, the following:
- Building Act 1993
- Liquor Control Act 1987
- Caravan Parks and Mobile Dwelling Regulations 1993
- Dangerous Goods Act 1985
- Dangerous Goods and Handling Regulations 1989
- Fire Services Commissioner Act 2010
- Emergency Management Act 1986
