Revised Laws of Saint Lucia (2022)

Schedule 4

(Section 36)

THE FIRE SERVICE ASSOCIATION RULES

1.   Citation

These Rules may be cited as the Fire Service Association Rules.

2.   Interpretation

In these Rules “Association” means the Fire Service Association.

Words importing male persons shall include male and female persons.

3.   Aims and objectives

The aims and objectives of the Association shall be to—

  1.  

    (a)     conscientiously promote and protect the rights, interests, privileges and welfare of its members;

  1.  

    (b)     make representation on matters affecting the interest or welfare conditions and wages set out by the Fire Service;

  1.  

    (c)     strive for and encourage interest, application and dedication in the performance of duty and the upholding of order and discipline in the Fire Service;

  1.  

    (d)     provide benefits for and assist its members financially and otherwise as determined by the Executive Committee;

  1.  

    (e)     promote cordial relationships between its members and their officers;

  1.  

    (f)     promote good industrial relations between its members and relevant Government agencies;

  1.  

    (g)     collaborate with management for the efficient functioning of the Fire Service;

  1.  

    (h)     assist in the proper growth and development of the Fire Service generally;

  1.  

    (i)     provide benefits to its members as determined by the Association;

  1.  

    (j)     provide legal assistance to its members for incidents while in the performance of their duties as Fire Officers;

  1.  

    (k)     assist in the technical growth and development of the personnel in the Fire Service;

  1.  

    (l)     invest in sound financial acuities or other financial instruments approved by members of the Association;

  1.  

    (m)     raise funds through legitimate fund raising ventures;

  1.  

    (n)     liaise with other workers organizations with similar aims and objectives with the Association;

  1.  

    (o)     provide funds for the publication of the Association's official news letter; and

  1.  

    (p)     do all things incidental or conducive to the attainment of its aims and objectives.

4.   Executive Committee

  1.  

    (1)   There shall be constituted an Executive Committee, which shall superintend the administration of the Association.

  1.  

    (2)   The Executive Committee shall consist of any 14 members between the ranks of Station Officer and Fireman.

5.   Tenure

A member of the Executive Committee shall hold office as a member for a period of 2 years and shall be eligible for re-election as a member of the Executive Committee.

6.   Functions of Executive Committee

  1.  

    (1)   The Executive Committee shall—

    1.  

      (a)     propose amendments to the rules of the Association;

    1.  

      (b)     ratify proposals made by the Management Committee for the amendment to the rules of the Association;

    1.  

      (c)     transmit all proposed amendments to the rules of the Association to the Annual General Meeting for approval;

    1.  

      (d)     declare the seat of any officer of the Executive or Management Committee vacant;

    1.  

      (e)     authorize the conduct of, by-elections, to fill vacancies on the Executive or Management Committee within 14 days of it being declared;

    1.  

      (f)     exercise control over the receipt and expenditure of the Association's finances for the promotion of all or any of its aims and objectives.

7.   Powers of Executive Committee

The Executive Committee shall have power to—

  1.  

    (a)     authorize the establishment of a monthly loan fund of a fixed amount and use the proceeds of the general funds to provide small scale financial assistance to members at terms and conditions to be determined by the Finance Committee;

  1.  

    (b)     determine the quantum of legal assistance to be afforded to members;

  1.  

    (c)     ratify decisions of the Management Committee to give effect to the aims and objectives of the Association and in such cases the decision must be supported by a majority of the membership of the Executive Committee.

8.   Officers of Executive Committee

  1.  

    (1)   The Executive Committee shall by ballot choose its Chairperson and Secretary from among its own members.

  1.  

    (2)   The Chairperson and Secretary of the Executive Committee shall be ex-officio Chairperson and Secretary of the Association respectively.

9.   Meetings of Executive Committee

  1.  

    (1)   The Executive Committee shall meet at least once per quarter or as often as may be necessary at such time and place determined by the Chairperson after consultation with the Management Committee.

  1.  

    (2)   Notice of any meeting of the Executive Committee shall be in writing and served 7 days prior to the meeting on each member of the Executive Committee together with a copy of the meeting's agenda.

  1.  

    (3)   The Chairperson of the Association shall, at least 7 days prior to a General Meeting of any of the committees, apply to the Chief Fire Officer for holding such meetings.

  1.  

    (4)   The Chief Fire Officer shall make all necessary arrangements for the holding of such meetings as requested by the Association.

  1.  

    (5)   At any meeting of the Executive Committee, 1/3 of its membership shall form a quorum.

  1.  

    (6)   Voting at Executive Committee Meetings shall be by secret ballot.

  1.  

    (7)   Any member of the Executive Committee who absents himself or herself for 3 consecutive meetings without reasonable excuse shall have his or her seat declared vacant by the Executive Committee.

10.   Management Committee

  1.  

    (1)   There shall be constituted a Management Committee which shall conduct and supervise the Association's business in accordance with the rules and policies determined by the Association and shall ensure that a comprehensive report and statement of accounts are submitted to the annual General Meeting.

  1.  

    (2)   The Management Committee shall consist of the following 7 members—

    1.  

      (a)     the Chairperson of the Association;

    1.  

      (b)     the Secretary of the Association;

    1.  

      (c)     five members of the Executive committee as follows—

      1.  

        (i)     a member to be the Assistant Secretary,

      1.  

        (ii)     a member to be the Treasurer,

      1.  

        (iii)     a member to be the Assistant Treasurer, and

      1.  

        (iv)     two members to be trustees of the Management Committee.

11.   Powers of Management Committee

The Management Committee shall have power to—

  1.  

    (a)     appoint persons to carry out duties of an officer where an officer is unable to effectively discharge his or her duty or his or her absence is causing undue interference with the Association's work;

  1.  

    (b)     appoint ad hoc committees for the furtherance of the Association's aims and objectives;

  1.  

    (c)     nominate in writing any person or persons outside the Management Committee to act as representatives, delegates or agents of the Association;

  1.  

    (d)     establish standing sub-committees for the furtherance of its business;

  1.  

    (e)     dissolve any standing sub-committee established by it;

  1.  

    (f)     organize specific fund raising projects for the benefit and in the interest of the Association and its members;

  1.  

    (g)     invest the funds of the Association in securities and other financial instruments, such as, fixed deposits;

  1.  

    (h)     co-opt other persons as seen appropriate;

  1.  

    (i)     do any thing that is incidental to the fulfilment of the Association's aims and objectives.

12.   Standing Sub-Committees

  1.  

    (1)   A standing sub-committee established in accordance with rule 11(d) shall not exempt the Association from any action without the approval of the Management Committee.

  1.  

    (2)   Standing Sub-Committees may be established in the following areas—

    1.  

      (a)     research and development;

    1.  

      (b)     negotiation; and

    1.  

      (c)     any other area deemed necessary.

13.   Notification

The Management Committee shall inform the Executive Committee and the Annual General Meeting of any decision to invest funds under rule 11(g).

14.   Meetings of Management Committee

  1.  

    (1)   Subject to sub-rule (2), the Management Committee shall meet as often as may be necessary at such time and place as directed by the Chairperson, or any other officer acting on his or her behalf, or by the Secretary, after consultation with the Chairperson.

  1.  

    (2)   Despite sub-rule (1), a meeting of the Management Committee may be convened at the request of the Management Committee within 7 days of receipt of a request in writing signed by no less than five members of the Management Committee.

  1.  

    (3)   In the event of a meeting being convened under sub-rule (2), only the matters specified in the request shall be dealt with.

  1.  

    (4)   A true and proper record of the deliberations of every Management Committee meeting shall be made by the Secretary.

  1.  

    (5)   The Management Committee shall at its first meeting elect a negotiating team of 5 persons, 3 of whom must be the Chairperson, Secretary and Treasurer.

  1.  

    (6)   The Management Committee shall regulate its procedure at its meetings in accordance with standing orders under rule 23, and shall at its first meeting after election into office, formulate its own agenda which must reflect the democratic principles of the organization.

15.   Negotiating Team

  1.  

    (1)   The Management Committee shall select a negotiating team of which one person shall be appointed the Chief Negotiator.

  1.  

    (2)   The Negotiating Team shall conduct all negotiations or discussions with all agencies for the benefit of the members of the Association.

16.   Finance Committee

  1.  

    (1)   The Management Committee of the Association shall be the Finance Committee when constituted as such.

  1.  

    (2)   The Finance Committee shall administer the finance of the Association.

  1.  

    (3)   The Finance Committee shall meet quarterly or as often as may be necessary.

  1.  

    (4)   At its first meeting, the Finance Committee shall—

    1.  

      (a)     consider the Association's draft estimate of income and expenditure, and transmit it to the Executive Committee for ratification;

    1.  

      (b)     establish the principles of the Loan Fund created by the Executive Committee.

  1.  

    (5)   At its regular quarterly meetings the Finance Committee shall—

    1.  

      (a)     ensure the strictest compliance with these financial rules;

    1.  

      (b)     approve all expenditures, including extraordinary expenses as may be necessary;

    1.  

      (c)     consider other items that, in accordance with these rules, are expedient to proper financial administration.

17.   Chairperson

The Chairperson of the Association shall—

  1.  

    (a)     preside at all meetings of the Association and shall be responsible for the proper conduct of business at such meetings;

  1.  

    (b)     have a deliberate and casting vote;

  1.  

    (c)     sign the minutes of each meeting at the time they are adopted;

  1.  

    (d)     ex-officio be a member of all committees and sub-committees appointed in furtherance of the business of the Association;

  1.  

    (e)     have the power to call meetings of the Executive and Management Committees whenever he or she deems necessary to protect and promote the interests of the Association and its members;

  1.  

    (f)     endeavour to secure strict observance of the Association's rules and decisions of the Annual General Meeting, Executive and Management Committees and shall strive to ensure that all officers perform their duties diligently;

  1.  

    (g)     sign all payment vouchers of the Association.

18.   Secretary

  1.  

    (1)   The Secretary of the Association shall—

    1.  

      (a)     be responsible for the general administration of the Association;

    1.  

      (b)     cause to be effected the policies laid down by the Association;

    1.  

      (c)     ex-officio be a member of all committees and sub-committees of the Executive or Management Committee;

    1.  

      (d)     handle all correspondence of the Association;

    1.  

      (e)     keep a minute book and such other books as the Executive Committee may direct;

    1.  

      (f)     attend all meetings of the Association and cause to be recorded the minutes of the proceedings at such meetings;

    1.  

      (g)     in consultation with the Chairperson—

      1.  

        (i)     have power to summon meetings of the Management Committee,

      1.  

        (ii)     prepare the agenda for all meetings of the Management and Executive Committee,

      1.  

        (iii)     prepare a programme of activities for a period of one year to be submitted to the Management Committee for approval.

  1.  

    (2)   At termination of period in office, the Secretary must hand over all the Association's property to his or her successor.

19.   Treasurer

  1.  

    (1)   The Treasurer shall be responsible for the financial administration within the Association.

  1.  

    (2)   The Treasurer shall keep the accounts of the Association.

  1.  

    (3)   The Treasurer shall prepare a financial statement of receipts, expenditure and information including but not limited to the following—

    1.  

      (a)     the amount of money received;

    1.  

      (b)     the amount of money due and owing to the Association and the financial commitments of the Association;

    1.  

      (c)     the amount of money expended in satisfaction of the Association's commitments;

    1.  

      (d)     the amount of cash available for investments;

    1.  

      (e)     the cash assets portfolio of the Association which shall be presented at each quarterly meeting of the Finance Committee by the Treasurer.

  1.  

    (4)   The Treasurer shall present to the Management Committee at least 28 days before the date fixed for the Annual General Meeting a financial report on the preceding year which must include an income and expenditure statement and a balance sheet.

  1.  

    (5)   The Treasurer shall—

    1.  

      (a)     prepare and submit a draft estimate or income and expenditure statement to the Finance Committee at its first quarterly meeting for the financial year;

    1.  

      (b)     be responsible for the management of the petty cash float which shall be maintained for settlements of office incidentals;

    1.  

      (c)     make all other payments by cheque against vouchers duly authorized by the Management Committee and signed by the Chairperson of the Association;

    1.  

      (d)     be required to perform any other related duties as directed by the Management or Finance Committee.

20.   Trustees

  1.  

    (1)   The 2 Trustees shall—

    1.  

      (a)     have vested in them, in trust, all the real and personal property of the Association;

    1.  

      (b)     be responsible for all the Association's property investments and shall sign all documents pertaining to such investments;

    1.  

      (c)     ensure that all the real and personal property and property investments are not abused;

    1.  

      (d)     sign all documents authorizing the transfer of funds between accounts;

    1.  

      (e)     ensure that proper financial management is maintained;

    1.  

      (f)     ensure that all cheques for endorsement are completed and accompanied by duly authenticated statements of claim and payment vouchers.

  1.  

    (2)   Within 14 days of ceasing to hold office for any reason the Trustees shall be required to hand over all the Association's property in their possession.

21.   Finance of the Association

  1.  

    (1)   The financial year of the Association shall be from March to February.

  1.  

    (2)   A reputable firm must audit the accounts of the Association annually.

  1.  

    (3)   All payments made from the Association's funds must be evidenced by specific statement Claim forms certified by the Treasurer or Assistant Treasurer and payment vouchers endorsed by the Chairperson.

  1.  

    (4)   Orders for the transfer from the Association's banking accounts must be signed by the 2 Trustees and accompanied by a letter signed jointly by the Chairperson and Treasurer containing supporting resolution of the Finance Committee.

  1.  

    (5)   Incomplete cheques shall not be signed.

22.   Application of income and property of Association

  1.  

    (1)   Subject to sub-rule (2), the income and property of the Association whenever derived shall be applied solely towards the promotion of the aims and objectives of the Association.

  1.  

    (2)   Despite sub-rule (1), nothing shall prevent the payment in good faith of honorarium to any officer or member of the Association in recognition of services rendered to the Association.

23.   Standing Orders

  1.  

    (1)   All questions on procedure in respect of the conduct of business at meetings of the Association shall be—

    1.  

      (a)     in the case of Management Committee meetings in accordance with Standing Orders under rule 24; and

    1.  

      (b)     in the case of Executive Committee meetings in accordance with Standing Orders under rule 25.

  1.  

    (2)   Where the standing orders are silent on any matter or where they do not apply, the general principles of Parliamentary procedure shall apply except in cases where procedures exist at other forums.

24.   Management Committee Standing Orders

  1.  

    (1)   Management Committee meetings shall commence at the time stated in the notice unless changed subsequently.

  1.  

    (2)   The quorum for Management Committee meetings shall be 5 members, one of whom must be the Secretary or his or her Assistant.

  1.  

    (3)   The agenda of the Management Committee meeting shall be—

    1.  

      (a)     Call to Order

    1.  

      (b)     Prayers

    1.  

      (c)     Ascertainment of quorum

    1.  

      (d)     Chairperson's opening remarks

    1.  

      (e)     Minutes of previous meeting

    1.  

      (f)     Confirmation of minutes

    1.  

      (g)     Matters Arising

    1.  

      (h)     Correspondence

    1.  

      (i)     Financial matters

    1.  

      (j)     Reports of sub-committees

    1.  

      (k)     Other association business

    1.  

      (l)     Closure of meeting.

  1.  

    (4)   Order of business shall follow that outlined in rule 26.

25.   Executive Meeting Standing Orders

  1.  

    (1)   The Executive Committee shall meet as provided for under these rules.

  1.  

    (2)   The quorum of an Executive Committee Meeting shall be 1/3 of its total membership.

  1.  

    (3)   The agenda of an Executive Committee meeting shall be—

    1.  

      (a)     Call to order

    1.  

      (b)     Prayers

    1.  

      (c)     Ascertainment of quorum

    1.  

      (d)     Chairperson's opening remarks

    1.  

      (e)     Minutes of the previous meeting

    1.  

      (f)     Confirmation of the minutes

    1.  

      (g)     Matters arising out of the minutes

    1.  

      (h)     Correspondence

    1.  

      (i)     Financial Reports

    1.  

      (j)     Reports of sub-committees

    1.  

      (k)     Other Association business

    1.  

      (l)     Closure of meeting.

  1.  

    (4)   Order of business shall follow that outlined in rule 26.

26.   Order of Business

  1.  

    (1)   The Chairperson of the Association shall preside over all meetings of the Management and Executive Committees.

  1.  

    (2)   Where the Chairperson is absent for the commencement of a meeting, if there is a quorum the members present shall appoint from amongst themselves a Chairperson for that meeting.

  1.  

    (3)   Where a quorum is not formed at the appointed time of commencement, the Chairperson shall allow 1/2 an hour grace for other members to assemble and if at the end of the grace period a quorum is still not formed the meeting shall be postponed.

  1.  

    (4)   The Chairperson shall declare the opening and closing of each item on the agenda and the items on the agenda shall take precedence over all the business and shall follow in order of appearance on the notice.

  1.  

    (5)   After the business on the agenda has been completed any member desirous of introducing business for the consideration of the meeting may do so in writing or may give a notice of a motion to be discussed at a further meeting.

  1.  

    (6)   Unless otherwise permitted by the Chairperson, a member shall stand when speaking and shall address the chair.

  1.  

    (7)   Where more that one member rises to speak, the first to rise shall be given precedence, the decision resting with the Chairperson, but the member who rose immediately after the first one shall have the right to speak at the close of the member's address.

  1.  

    (8)   Where the Chairperson calls a member to order or for any other purpose connected with the proceedings, the member speaking shall sit and no other member shall rise until asked to do so.

  1.  

    (9)   The ruling of the Chairperson on any question shall be final unless 2/3 of the members present vote to the contrary.

  1.  

    (10)   Members shall at all times maintain decorum at meetings.

  1.  

    (11)   Where any member interrupts another while addressing the meeting or uses abusive or profane language, causes disturbance at any meeting or refuses to obey the Chairperson when called to order he or she shall be named by the Chairperson and be expelled from the meeting until an apology satisfactory to the meeting is given.

  1.  

    (12)   A member shall not leave the meeting before its conclusion without the permission of the Chairperson.

  1.  

    (13)   A member shall not be allowed to speak more than once on any subject before the meeting unless a point of order or explanation or unless he or she is the mover of the original motion.

  1.  

    (14)   Where an amendment is being moved by a member, even though he or she has spoken on the original motion, he or she may speak on the amendment.

  1.  

    (15)   A member shall not speak for more than five minutes at one time.

  1.  

    (16)   Members wishing to raise points of order or explanation shall first obtain the permission of the Chairperson and must rise immediately after the alleged breach has occurred.

  1.  

    (17)   A member may formally second any motion or amendment and reserve his or her speech until a later period in the debate.

  1.  

    (18)   The first proposition on any particular subject shall be known as the original motion and all succeeding propositions on that subject shall be known as amendments.

  1.  

    (19)   Every motion or amendment shall be moved and seconded by members actually present at the meeting before they can be discussed and whenever possible shall be in writing.

  1.  

    (20)   It is permissible for a member to make his or her speech first and conclude with a motion.

  1.  

    (21)   An amendment shall not be discussed until the first amendment is disposed of and notice of any further amendment shall be given before the first amendment is put to the vote.

  1.  

    (22)   An amendment displaces an original motion and becomes the substantive motion and any further amendment relating to any portion of the substantive motion may be moved but it shall be consistent with the business of the meeting and shall not have been an amendment or motion previously rejected.

  1.  

    (23)   Every amendment voted and adopted as the substantive motion shall become a resolution of the meeting.

  1.  

    (24)   Where there are no amendments, the mover of the original motion shall have the right of reply at the close of the debate on such motion.

  1.  

    (25)   Where an amendment is moved—

    1.  

      (a)     the mover of the original motion shall be entitled to speak on the amendment and at the close of the debate on such amendment shall reply to the discussion but shall not introduce any new matter;

    1.  

      (b)     the question shall then be immediately put to the vote and under no circumstances shall any further discussion be allowed once the question has been put from the chair;

    1.  

      (c)     the mover of the amendment shall not be entitled to reply.

  1.  

    (26)   A motion, addendum or rider added to a motion or amendment accepted by the chair shall not be withdrawn without the unanimous consent of the meeting.

  1.  

    (27)   Where a member dissents, the addendum shall be proposed and seconded and treated as an ordinary amendment.

  1.  

    (28)   Motions for the previous questions on next business, or the closure, may be moved and seconded only by members who have not previously spoken at any time during the debate and speeches shall not be allowed on such motions.

  1.  

    (29)   In the event of the closure being carried, the mover of the original motion shall have the right to reply before the question is put.

  1.  

    (30)   Where a motion is defeated, 30 minutes shall elapse before the motion can be accepted again by the Chairperson unless he or she is of opinion that the circumstances have materially altered in the meantime.

  1.  

    (31)   Any member who has not already spoken during the debate may move the adjournment of the question under discussion or of the meeting but must confine his or her remarks to that question and must not discuss any other matter.

  1.  

    (32)   The mover of the motion on which the adjournment has been moved shall be allowed the right to reply on the question of the adjournment but such reply shall be on his or her own motion and where such motion is lost it shall not be moved again except in accordance with sub-rules 29–31.

  1.  

    (33)   Voting shall be by show of hands of the members present at the meeting unless agreed by majority vote of the members present at the meeting.

27.   Facilities for attendance of meetings

  1.  

    (1)   Except where in special circumstances a member of a Committee is required for duty where no substitute is available, leave shall be given for the attendance at all meetings of the Committee duly held and every such attendance shall, as regards allowances and expenses be deemed to be an occasion of Fire Service duty.

  1.  

    (2)   In this rule, “Committee” means—

    1.  

      (a)     the Executive Committee;

    1.  

      (b)     the Management Committee;

    1.  

      (c)     the Finance Committee; or

    1.  

      (d)     any other Committee formed for the purposes of these Rules.

28.   Annual General Meeting

  1.  

    (1)   The Annual General Meeting shall be convened in the month of March in each year and notice of the Annual General Meeting shall be served on each member of the Association 14 days prior to the meeting.

  1.  

    (2)   The Chief Fire Officer or his or her nominee shall preside over all Annual General Meetings.

  1.  

    (3)   Every member shall have the right to attend and participate in the deliberations at the Annual General Meeting.

  1.  

    (4)   The quorum for the all General Meetings shall be fifty members.

29.   Service of documents for Annual General Meeting

Seven days prior to the Annual General Meeting, copies of the General Meeting agenda, resolutions, motions or amendments and any other relevant documents shall be served on each member of the Association.

30.   Business of Annual General Meeting

The business of the Annual General Meeting shall be—

  1.  

    (a)     to receive and discuss reports from the Management and Executive Committee;

  1.  

    (b)     to review the work of the preceding year of the Association and ratify plans for the future;

  1.  

    (c)     to ratify the Association's fiscal policy for the years ahead;

  1.  

    (d)     to make amendments as may be necessary and to ratify amendments to the rules of the Association proposed by the Executive Committee and the Annual General Meeting.

31.   Elections

  1.  

    (1)   An election for the purpose of constituting any Committee under these Rules shall be held every 2 years.

  1.  

    (2)   The Chief Fire Officer shall be responsible for the carrying out of all elections under these Rules.

  1.  

    (3)   Every member of the Fire Service of the rank of Station Officer, Sub-Officer, leading fireman and firemen shall have the right to vote at elections held in accordance with theses Rules.

  1.  

    (4)   All elections under these Rules shall be by secret ballot and the provisions for securing secrecy and freedom from interference in voting as set out in rule 32 of these Rules shall apply in respect of all elections under these Rules.

32.   Secrecy of ballot

  1.  

    (1)   Every person in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper.

  1.  

    (2)   A person shall not directly or indirectly induce any voter to display his or her ballot paper after he or she shall have marked the same so as to make known to any person the name of the candidate for or against whom he or she has so marked his or her vote.

  1.  

    (3)   A person who contravenes this rule commits an offence and is liable to internal disciplinary action.

33.   Membership

  1.  

    (1)   Membership of the Association shall be open to officers within the ranks of Fireman to Station Officer.

  1.  

    (2)   All members joining the Fire Service subsequent to the establishment of the Association shall be members of the Association.

34.   Membership subscription fee

  1.  

    (1)   All members shall pay a monthly subscription fee of $10 or any sum reviewed by the management committee and approved by the general membership payable by salary deduction.

  1.  

    (2)   Subscription fees collected under sub-rule (1) shall be lodged in a recognized financial institution in the credit of the Association and such monies may be withdrawn by cheques signed by any 2 of the following signatories—

    1.  

      (a)     the Treasurer;

    1.  

      (b)     the Chairperson; or

    1.  

      (c)     one Trustee.

35.   Surrender of documents

A member of the Association shall on resigning from or for any other reason leaving the Association surrender to the Secretary all official records, books or other documents and effects which he or she may have in his or her possession, within 7 days.

36.   Contracts and pledges

Unless specifically authorized by the Management or Executive Committee and acting within the limits of the authority so conferred by writing, a person shall not enter into any contract which imposes any liability on the Association or otherwise pledge the credit of the Association.

37.   Copy of rules

A copy of these rules shall be supplied to each member of the Association.

38.   Alteration of rules

  1.  

    (1)   These Rules shall not be amended except with the consent of at least 2/3 of the members present and voting at the Annual General Meeting or a special General Meeting called for that purpose and which shall be the only forum for such action.

  1.  

    (2)   Any proposal for amendment to these Rules shall be forwarded to the Management Committee at least 6 weeks before the date set for the Annual General Meeting.

  1.  

    (3)   The Executive Committee shall have the power to alter or change the wording of any rule submitted for registration, however, such change or alteration shall not alter or change the original purpose of or intention of the rule.

  1.  

    (4)   A written notice of any proposed amendment shall be sent to each member of the Association at least 14 days prior to the date fixed for its consideration and such notice shall set out the terms of the proposed amendment.

  1.  

    (5)   An amendment shall not be operative until notification is given officially and the amendment is adopted.

  1.  

    (6)   Without prejudice to the rights of members, these Rules may be subjected to periodic review and modification as changing circumstances may require.

CHAPTER 14.04
FIRE SERVICE ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1.Fire Service Regulations—Section 49

Fire Service Regulations—Section 49

(Statutory Instruments 17/1976 and 74/1997)

Statutory Instrument 17/1976 .. in force 1 December 1975

Amended by S.I. 74/1997 .. in force 1 April 1997

ARRANGEMENT OF REGULATIONS

1.Citation
2.Interpretation

PART 1
DUTIES, ENLISTMENT, TRAINING

3.Duties of the Chief Fire Officer
4.Deputy Chief Fire Officer
5.Gazetted Officer
6.Subordinate officers and fire fighters
7.Enlistment
8.Probation
9.Uniforms
10.Certificate of appointment
11.Personal record
12.Personal record of officer leaving the Fire Service
13.Duty to carry out lawful orders
14.Duty period, leave in lieu of duty or duty on public holidays
15.Training
16.Transfers
17.Promotion
18.Time of retirement on medical grounds

PART 2
DISCIPLINE

19.Offences
20.Penalties
21.Interdiction proceedings

PART 3
PAY AND ALLOWANCES

22.Increments
23.Uniform allowance
24.Rates of subsistence allowance
25.Acting allowance
26.Special services
27.Entitlement of member rending special service
28.Removal expenses

PART 4
LEAVE

29.Vacation leave
30.Study leave
31.Liberty leave
32.Special leave
33.Sick leave
34.Applications for leave
35.Extensions of leave
36.Overstaying leave
37.Leaving certificate

PART 5
MEDICAL TREATMENT, ETC.

38.Medical, surgical, orthalmic and dental
Schedule

FIRE SERVICE REGULATIONS – SECTION 49

Commencement [1 December 1975]

1.   Citation

These Regulations may be cited as the Fire Service Regulations.

2.   Interpretation

In these Regulations—

Act” means the Fire Service Act;

Government medical officer” means a registered medical practitioner who holds a post in the Government service or a registered medical practitioner to whom a subordinate officer or any other rank below that of a subordinate officer has been instructed by a divisional officer in charge of a Fire Station to present himself or herself for a medical examination;

Public Service Board of Appeal” means the Public Service Board of Appeal constituted under section 95 of the Constitution;

Standing Orders” means the standing orders for the Fire Service issued in writing by the Chief Fire Officer and applicable to the Fire Service as a whole.

PART 1
DUTIES, ENLISTMENT, TRAINING
3.   Duties of the Chief Fire Officer

It is the duty of the Chief Fire Officer in exercise of the command, superintendence efficient administration and government of the Fire Service—

  1.  

    (a)     to carry out all necessary measures to ensure the proper discipline of the Fire Service;

  1.  

    (b)     to see that all fire fighting equipment is kept in good order and thorough repair and employed to the best efficiency of the Fire Service;

  1.  

    (c)     to inform himself or herself of the latest technique of every aspect of fire prevention and control and to advise the Minister in respect of such techniques;

  1.  

    (d)     to take cognisance of, initiate or cause to be initiated prosecutions either in his or her, a gazetted officer or a subordinate officer's name, with respect to offences under the Act, the Industrial and Commercial Buildings Fire Safety Act or any other enactment for the prevention and control of fire;

  1.  

    (e)     to perform all other such duties as may have been assigned under the Act or any other enactment for the prevention and control of fire.

4.   Deputy Chief Fire Officer

The Deputy Chief Fire Officer shall act as the principal assistant to the Chief Fire Officer in the performance of his or her duties under the Act and any other enactment in relation to the prevention and control of fire, and during the absence or incapacity of the Chief Fire Officer a provision in the Act or the Industrial and Commercial Buildings Fire Safety Act directing or empowering the Chief Fire Officer to do any act or thing or otherwise by name applying to the Chief Fire Officer, shall apply to the Deputy Chief Fire Officer.

5.   Gazetted Officer

Gazetted fire officers in the Fire Service shall perform such duties as may be delegated to them by the Chief Fire Officer and all such duties as may devolve upon them under the standing order.

6.   Subordinate Officers and Fire fighters

Subordinate fire officers and fire fighters of the Fire Service shall perform such duties as may devolve upon them under the standing orders and such other duties as the Chief Fire Officer may assign to them.

7.   Enlistment
  1.  

    (1)   In addition to a medical examination, every applicant to the Fire Service must submit himself or herself to an aptitude and strength test conducted by the Chief Fire Officer and must satisfy the Chief Fire Officer in the test before being considered for enlistment for the Fire Service.

  1.  

    (2)   If the applicant satisfies the Chief Fire Officer in the test so conducted and any other requirements provided by the Act and satisfactorily passes a medical examination the Chief Fire Officer may enlist the applicant.

8.   Probation
  1.  

    (1)   Subject to the provisions of this regulation every fire fighter shall as from the date of his or her enlistment in the Fire Service be on probation for the first 2 years of service in the Fire Service.

  1.  

    (2)   A member of the Fire Service on probation shall before the expiration of the probationary period as aforesaid satisfy the Chief Fire Officer that he or she has become proficient in the driving of Fire Service vehicles, or the handling of fire boats, all aspects of Fire Service techniques then applicable to the Fire Service including, first aid, rescue training, the use of any specified safety device which may be in operation in the Fire Service, the bringing down of living persons from buildings both by carrying them down a ladder and by lowering them from the building or from a ladder, and for any of the foregoing purposes a member of the Fire Service may be required to undergo such test as the Chief Fire Officer thinks necessary.

  1.  

    (3)   Subject to subregulation (2) of this regulation the Chief Fire Officer may where in his or her opinion, the service of any member of the Fire Service is satisfactory, reduce the probationary period.

  1.  

    (4)   If at any time within the probationary period a fire fighter shows by his or her aptitude, conduct or otherwise that he or she is not likely to become an efficient member of the Fire Service the Chief Fire Officer may in accordance with the provisions of the Act dispense with his or her services.

  1.  

    (5)   This regulation shall not apply to a member of the Fire Service deemed to be appointed under section 3(2).

9.   Uniforms
  1.  

    (1)   Uniforms and equipment issued to the Fire Service shall be of such design and shall be worn in such manner as is laid down in standing orders.

  1.  

    (2)   When any article of uniform has been replaced by some other article, the replaced article shall be handed in to the Service store unless the member of the Service with the consent of the Chief Fire Officer buys such replaced articles at a price to be fixed by the Chief Fire Officer.

  1.  

    (3)   Uniform and equipment returned to the Service store shall not be reissued to any other member of the Service until it has received any necessary cleaning or renovation and is in serviceable condition.

  1.  

    (4)   All officers who are not in receipt of uniform allowances under these Regulations shall be provided with uniform and equipment free of charge in accordance with the following scale—

    1.  

      (a)     one helmet

    1.  

      (b)     one fire tunic

    1.  

      (c)     one belt

    1.  

      (d)     one axe

    1.  

      (e)     one axe pouch

    1.  

      (f)     one belt line

    1.  

      (g)     one lanyard and whistle

    1.  

      (h)     four sets of badges of ranks

    1.  

      (i)     one waterproof coat

    1.  

      (j)     one pair rubber boots

    1.  

      (k)     two pairs leather shoes

    1.  

      (l)     four sets K.D. trousers and brush jackets

    1.  

      (m)     one cap

    1.  

      (n)     one cap ornament

    1.  

      (o)     one pair serge trousers

    1.  

      (p)     one evening dress black suit

    1.  

      (q)     three sets of buttons

    1.  

      (r)     two white shirts

    1.  

      (s)     one black tie

    1.  

      (t)     two pairs black socks

    1.  

      (u)     Drill Book

    1.  

      (v)     one set of Manual of Fire fightership

    1.  

      (w)     one white ceremonial tunic.

  1.  

    (5)   All subordinate fire officers and fire fighters shall be provided with uniform and equipment free of charge in accordance with the following scale—

    1.  

      (a)     one fire helmet

    1.  

      (b)     two fire jerseys

    1.  

      (c)     one belt

    1.  

      (d)     one axe

    1.  

      (e)     one axe pouch

    1.  

      (f)     one belt line

    1.  

      (g)     one whistle and chain

    1.  

      (h)     four sets of badges of ranks

    1.  

      (i)     one waterproof coat

    1.  

      (j)     one pair of rubber boots

    1.  

      (k)     two pairs of leather shoes

    1.  

      (l)     two pairs of socks

    1.  

      (m)     two pairs of trousers

    1.  

      (n)     two shirts

    1.  

      (o)     one cap

    1.  

      (p)     one cap ornament

    1.  

      (q)     two sets of numerals

    1.  

      (r)     one pair of overalls

    1.  

      (s)     two sets of buttons

    1.  

      (t)     Drill Book

    1.  

      (u)     one set of Manual of Fire fightership

    1.  

      (v)     one white ceremonial tunic.

  1.  

    However—

    1.  

      (i)     items in paragraphs (g) and (u) are to be issued only to leading fire fighters, sub-officers and station officers,

    1.  

      (ii)     only items in paragraphs (k), (l), (m), (n), shall be an annual issue, the remaining items being replaced as they become worn out.

  1.  

    (6)   Bedding shall be issued to each subordinate officer and fire fighter and shall consist of 1 blanket, 2 sheets, 1 pillow and 2 pillow cases the aforementioned shall be replaced as they become worn out.

  1.  

    (7)   All articles of uniform, bedding and equipment issued to any member of the Service shall be marked with the identification mark of the member.

10.   Certificate of Appointment

An appointment of a member to the Fire Service a certificate in the form as prescribed under the police regulations with such modifications and adaptations as applicable to the force shall be given to the appointee.

11.   Personal Record
  1.  

    (1)   The Chief Fire Officer shall cause a personal record of every member of the Fire Service to be kept and every such record shall contain the following matters—

    1.  

      (a)     a personal description of the member;

    1.  

      (b)     particulars of his or her place, and date of birth;

    1.  

      (c)     particulars of his or her marriage (if any); and his or her children (if any);

    1.  

      (d)     a record of his or her service (if any); in the Civil Service, Police Force or any branch of Her Majesty's Forces;

    1.  

      (e)     a record of courses attended and the achievement (if any) gained in any such courses;

    1.  

      (f)     a record of the member in the Fire Service including particulars of all promotions, postings, transfers, injuries, period of illness commendations, reward, punishment other than caution and the date of his or her ceasing to be a member of the Fire Service with the reason, cause or manner for the cessation.

  1.  

    (2)   A member of the Fire Service shall if he or she so request be entitled to be given his or her personal file for inspection and on the inspecting of the same he or she must do so in the presence of an officer authorised for this purpose and at the conclusion of the inspection return the file to such authorised officer for its return to the person in charge of the records.

12.   Personal Record of Officer Leaving the Fire Service
  1.  

    (1)   Where a fire officer ceases to be a member of the Fire Service he or she may on request be given by the Chief Fire Officer a certificate containing his or her rank, the period of service in the Fire Service and the reason or cause for his or her ceasing to be a member of the Fire Service.

  1.  

    (2)   If the member of the Fire Service should so further request the Chief Fire Officer may append to the certificate if he or she thinks fit, any one of the following recommendations as to conduct, that is to say—

    1.  

      (a)     Exemplary;

    1.  

      (b)     Very Good;

    1.  

      (c)     Good;

    1.  

      (d)     Bad.

  1.  

    (3)   Where a person ceases to be a member of the Fire Service his or her personal file shall be kept for such time as the Chief Fire Officer may think fit, the Chief Fire Officer thereafter shall destroy or supervise the destruction of the same.

13.   Duty to Carry out Lawful Orders

Every member of the Fire Service shall carry out all lawful orders and shall at all times act punctually and promptly in the exercise and performance of all duties and matters within the scope of his or her office as a member of the Fire Service and in the exercise of his or her office shall act with strict impartiality and courtesy towards the members of the general public.

14.   Duty period, leave in lieu of duty or duty on public holidays

The Chief Fire Officer shall make provisions in the standing orders for the following matters in respect of every member of the Fire Service—

  1.  

    (a)     the normal daily period of duty including the period allowed for the partaking of refreshment;

  1.  

    (b)     the granting of leave in lieu of duty where a member remains on duty after the completion of the tour of duty or is called between the tours of duty;

  1.  

    (c)     the provision of the granting of leave on a public holiday where the exigencies of the Fire Service permits, and the granting of leave after the performance of duty on a public holiday as soon as the exigencies of duty so permit.

15.   Training
  1.  

    (1)   Every member of the Fire Service from the rank of station officer and below unless he or she is generally excused or excused as to some particular aspect of training shall undergo training in fire fighter's duties appropriate to his or her rank and the frequency of such training the days on which such training shall take place and the duration of such training shall be determined by the Chief Fire Officer.

  1.  

    (2)   A member of the Fire Service who is over 50 years of age shall not be required to take part or continue to take part in any aspect of training which in the opinion of the Chief Fire Officer is physically exhausting or will be physically exhausting if continued.

  1.  

    (3)   For the purpose of these Regulations training shall include the following—

    1.  

      (a)     all drills mentioned in the Fire Service, drill book;

    1.  

      (b)     pump drills wet and dry;

    1.  

      (c)     ladder drills;

    1.  

      (d)     escape drills;

    1.  

      (e)     carrying down drills in the most up to date techniques and subject to any specified safety device then in use in the Fire Service and practical rescue drills;

    1.  

      (f)     combined drills including foam drills;

    1.  

      (g)     hose drills;

    1.  

      (h)     ambulance drills including stretcher drills;

    1.  

      (i)     pump operation and fault finding;

    1.  

      (j)     training with respect to knots and lines;

    1.  

      (k)     fire boat drills and exercises;

    1.  

      (l)     rowing, sculling, steering and navigation;

    1.  

      (m)     communication exercises;

    1.  

      (n)     first aid exercises;

    1.  

      (o)     fitness training;

    1.  

      (p)     squad drill;

    1.  

      (q)     watch room procedure;

    1.  

      (r)     lectures and films on fire service matters;

    1.  

      (s)     driving and other lectures and exercises concerning mechanical equipment used by the Fire Service;

    1.  

      (t)     continuous exercise during day and night or vice versa;

    1.  

      (u)     any other training conducive to the efficiency of the Fire Service which will appear in standing orders.

16.   Transfers

A member of the Fire Service holding the rank of station officer, subordinate officer and fire fighter may be transferred from one station to another within short notice.

17.   Promotion
  1.  

    (1)   In these Regulations “promotion” means promotion to any rank of station officer, subordinate officer and fire fighter.

  1.  

    (2)   All promotions shall be made by the Chief Fire Officer.

  1.  

    (3)   In order to assist the Chief Fire Officer in matters of promotion a Selection Committee may be established consisting of 3 members of the Fire Service appointed by the Chief Fire Officer.

  1.  

    (4)   It shall be the duty of the Selection Committee to interview and examine candidates for promotion and to make such recommendations as they think fit to the Chief Fire Officer, but the Chief Fire Officer shall not be bound to act in accordance with the Selection Committee's recommendations.

  1.  

    (5)   Members of the Fire Service shall be considered for promotion to ranks from that of leading fire fighter on merit, and seniority shall only be taken into account where in the opinion of the Selection Committee candidates for promotion are otherwise of equal merit.

  1.  

    (6)   All members of the Service shall have equal opportunity for promotion regardless of any specialist duties in which they are or may have been engaged.

  1.  

    (7)   A member of the Service shall not be promoted unless he or she has completed 3 years service.

However a member of the Service who has successfully completed an overseas training course approved by the Chief Fire Officer and which is at least equivalent to the specified promotional examination in its entirety shall be exempted from the requirement to be examined for the specified promotion or except in the case where members are recruited under special conditions.

  1.  

    (8)   When a vacancy occurs in any rank from that of leading fire fighter the vacancy shall be notified to all members of the Service and every member holding rank immediately below that in which the vacancy exists shall have the right to become a candidate and to cause himself or herself to be examined for promotion.

  1.  

    (9)   When examining a candidate with a view to assessing his or her suitability for promotion, the Selection Committee shall cause the candidate to take a written, a practical and an oral examination to be set by the Chief Fire Officer all of which shall be so designed as to reveal the candidate's knowledge of the subjects, skill in practical fire fightership and ability to command.

  1.  

    (10)   

    1.  

      (a)     All questions in the written examination shall be set by the Chief Fire Officer who shall cause the question to be kept secret until the commencement of the examination.

    1.  

      (b)     The written examination shall be so prepared that candidates shall have a reasonable opportunity of answering all questions required to be answered in the specified time.

  1.  

    (11)   The oral and practical examinations shall be conducted by the Selection Committee and the records of the examination shall contain details of the questions asked or tasks set, the maximum marks awarded each correct answer or correctly performed task the name of the candidate and the marks obtained by him or her in each question or task.

  1.  

    (12)   The records of all promotion examinations shall be kept by the Chief Fire Officer and a member of the Service who passes any such examination for promotion to a particular rank need not offer himself or herself for examination again for promotion to that rank.

  1.  

    (13)   The fact that a member of the Service has passed a promotion examination shall only qualify him or her to be considered for promotion.

  1.  

    (14)   The Schedule shall not preclude the Chief Fire Officer or other officer acting under the instruction of the Chief Fire Officer from making temporary appointments of station officers, and subordinate officers on a paid or unpaid basis if the exigencies of the Service so require.

18.   Time of Retirement on medical grounds

Where a fire officer is to be discharged on medical grounds his or her retirement is to take effect at the end of any leave to which he or she may be entitled or at the end of 2 months from the date that decision of the Cabinet approving the retirement has been notified to such officer if that period be longer.

PART 2
DISCIPLINE
19.   Offences
  1.  

    (1)   A station officer, subordinate officer or fire fighter who without reasonable excuse does an act which—

    1.  

      (a)     amounts to failure to perform in proper manner any duty imposed upon him or her as a fire officer;

    1.  

      (b)     contravenes any of the provisions of these regulations;

    1.  

      (c)     contravenes any enactment relating to the Fire Service;

    1.  

      (d)     is otherwise prejudicial to the efficient conduct of the fire service or tends to bring discredit to the reputation of the Fire Service,

  1.  

    commits an offence against discipline and is liable to such punishment as is prescribed by the next succeeding regulation.

  1.  

    (2)   Without prejudice to the provisions of subregulation (1) a station officer, subordinate officer or fire fighter commits an offence against discipline and is liable to the punishment contained in the succeeding regulations if he or she commits—

    1.  

      (a)     discreditable conduct, that is to say, if a station officer, subordinate officer or a fire fighter act in a disorderly manner or in a manner prejudicial to discipline or reasonably likely to bring discredit on the reputation of the Fire Service;

    1.  

      (b)     insubordinate or oppressive conduct, that is to say, if a station officer, subordinate officer or fire fighter—

      1.  

        (i)     is insubordinate by word, act or demeanour,

      1.  

        (ii)     abuses his or her authority by oppressive tyrannical conduct towards a member of the Fire Service,

      1.  

        (iii)     uses obscene, abusive or insulting language to any member of the Fire Service,

      1.  

        (iv)     wilfully or negligently makes any false complaint or statement against any member of the Fire Service,

      1.  

        (v)     assaults any member of the Fire Service; or

      1.  

        (vi)     overholds any report or allegation against any member of the Fire Service;

    1.  

      (c)     disobedience to orders, that is to say, if a station officer, subordinate officer or fire fighter disobeys or without good and sufficient cause omits or neglects to carry out any lawful order, written or otherwise or contravenes any requirement of these regulations or standing orders;

    1.  

      (d)     neglect of duty, that is to say, if a station officer, subordinate officer or fire fighter—

      1.  

        (i)     neglects or without good and sufficient cause omits promptly and diligently to attend or to carry out anything which is the duty of a station officer, subordinate officer or fire fighter,

      1.  

        (ii)     idles or gossips while on duty,

      1.  

        (iii)     fails to remain at his or her place of duty to which he or she has been ordered without due permission or sufficient cause,

      1.  

        (v)     omits to make any necessary entry in any official document or book, or

      1.  

        (vi)     neglects or without good and sufficient cause omits to carry out any instruction of a medical officer who has treated him or her at public expense in accordance with the Act of these regulations or while absent from duty on account of sickness commits an act of conduct calculated to retard his or her return to duty;

    1.  

      (e)     falsehood or prevarication that is to say -

      1.  

        (i)     knowingly makes or signs any false statement in any official document or book,

      1.  

        (ii)     wilfully or negligently makes any false, misleading or inaccurate statement, or

      1.  

        (iii)     without good and sufficient cause destroys, or mutilates any official documents or record or alters, or erases any entry varying;

    1.  

      (f)     breach of confidence that is to say, if any member of the Fire Service—

      1.  

        (i)     divulges any matter which it is his or her duty to keep secret,

      1.  

        (ii)     without proper authority communicates to the public press, or to any unauthorised person any matter connected with the Service,

      1.  

        (iii)     without proper authority shows to any person outside the Fire Service any book or written or printed documents the property of the Fire Service,

      1.  

        (iv)     makes any anonymous communication to the Chief Fire Officer or any Fire Officer senior to himself or herself,

      1.  

        (v)     signs or circulates any petition or statement with regard to any matter concerning the Fire Service except through the proper channel of correspondence to the Chief Fire Officer in accordance with the constitution of the Fire Service Association to members of such association, or

      1.  

        (vi)     calls or attends any meeting (without the permission and consent of the Chief Fire Officer) to discuss any matter concerning the Fire Service;

    1.  

      (g)     corrupt practice that is to say, if any member of the Fire Service—

      1.  

        (i)     receives any bribe,

      1.  

        (ii)     fails to account for or make a prompt and thorough return of any money or property received by him or her or coming into his or her possession in his or her official capacity,

      1.  

        (iii)     places himself or herself under pecuniary obligation to any person who has to apply, obtain or hold a licence or permit concerning which the Fire Service may have to inspect, report or give evidence, or

      1.  

        (iv)     improperly uses his or her character and position as a member of the Fire Service for his or her private advantage;

    1.  

      (h)     unlawful or unnecessary exercise on authority that is to say, if a member of the Fire Service—

      1.  

        (i)     without good and sufficient cause makes an unlawful or unnecessary arrest,

      1.  

        (ii)     uses any unnecessary violence to any person whom he or she may have cause to arrest or a person with whom he or she may be brought into contact, in the execution of his or her duty under the Act, or

      1.  

        (iii)     is uncivil to any member of the public;

    1.  

      (i)     malingering, that is to say, if a station officer, subordinate officer or fire fighter feigns or exaggerates any sickness or injury with a view to evading duty;

    1.  

      (j)     absence without leave or being late for duty, that is to say, if a station officer, subordinate officer or fire fighter without reasonable excuse is absent without leave from, is late for, parade, fire or any other duty;

    1.  

      (k)     uncleanliness that is to say, if a station officer, subordinate officer or fire fighter while on duty or while off duty in uniform in a public place is improperly dressed or is dirty or untidy in his or her person clothing or accoutrements;

    1.  

      (l)     damage to clothing or other articles supplied that is to say, if a station officer, subordinate officer or fire fighter—

      1.  

        (i)     wilfully or by carelessness causes any waste, loss or damage to any article of clothing or accoutrement or to any book, document or any other property of the Fire Service issued out to him or her or used by him or her or entrusted to his or her care, or

      1.  

        (ii)     fails to report any loss or damage as above however cause;

    1.  

      (m)     drunkenness or drug taking that is to say, if a station officer subordinate officer or fire fighter while on or off duty is unfit for duty through the taking of drink or drug;

    1.  

      (n)     drinking on duty or soliciting drink that is to say, if a station officer, subordinate officer or fire fighter—

      1.  

        (i)     without the consent of his or her superior officer drinks or receives from any other person any intoxicating liquor while he or she is on duty, or

      1.  

        (ii)     demands or endeavours to persuade any other person to give him or her or to purchase or obtain for him or her any intoxicating liquor while he or she is on duty;

    1.  

      (o)     entering licenced premises that is to say, if a station officer subordinate officer or fire fighter without permission or reasonable excuse enters—

      1.  

        (i)     while on duty any premises licensed under the liquor licensing laws or any other premises where liquor is stored or distributed when his or her presence there is not required in the execution of his or her duty, or

      1.  

        (ii)     any such premises in uniform while off duty;

    1.  

      (p)     lending, borrowing or accepting presents that is to say, if a member of the Fire Service lends money to a fire officer or a senior officer or borrows money or accepts any present from any member of the Fire Service in a lower office;

    1.  

      (q)     conviction of criminal offences that is to say if a station officer, subordinate officer or fire fighter has been found guilty by a court of law of competent jurisdiction of a criminal offence which involves dishonesty or which in the opinion of the Chief Fire Officer would tend to bring discredit to the Fire Service;

    1.  

      (r)     being accessory to disciplinary offence that is to say, if a station officer, subordinate officer or fire fighter connives, acts or is knowingly an accessory to any offence against discipline;

    1.  

      (s)     improper use of uniforms or facilities supplies that is to say, if a station officer, subordinate officer or fire fighter uses without the consent given personally by the Chief Fire Officer any property including uniform or facilities provided for the purposes of the Fire Service for some purpose not connected with his or her official duties.

  1.  

    (3)   A station officer, subordinate officer or fire fighter who contracts venereal disease and fails to report the same to a gazetted officer is considered to be in breach of these regulations and is liable to punishment accordingly.

  1.  

    (4)   It is the duty of any gazetted officer to whom a report has been made under subregulation (3) to cause the station officer, subordinate officer or fire fighter so reporting to be seen as soon as practicable, by a government medical officer.

20.   Penalties
  1.  

    (1)   The following are the penalties that may be imposed in respect of disciplinary proceedings brought against a station officer, subordinate officer or fire fighter under the preceding regulations—

    1.  

      (a)     dismissal, that is termination of appointment;

    1.  

      (b)     reduction in rank, that is, removal to another grade with an immediate reduction in salary;

    1.  

      (c)     reduction of remuneration, that is, an immediate adjustment of remuneration to a lower point on the scale of remuneration attached to the particular office;

    1.  

      (d)     deferment of increment, that is, a postponement of the date on which the next increment is due, with corresponding postponements in subsequent years;

    1.  

      (e)     stoppage of increment, that is, no payment for a specified period of an increment otherwise due;

    1.  

      (f)     confinement to barracks, in the case of a fire fighter not exceeding 28 days and such confinement shall involve the performance of ordinary duties and parades as well as fatigue duties;

    1.  

      (g)     reprimand,

  1.  

    fine not exceeding $25.

  1.  

    (2)   Where a fine is imposed the amount of such fine shall be deducted from the pay of the officer in such manner as may be specified at the time the penalty is imposed.

21.   Interdiction Proceedings

When a report or allegation of misconduct is made in which it appears that the station officer, subordinate officer or fire fighter may have committed an offence in respect of which disciplinary proceedings under these Regulations may be taken, all of the provisions of the Police Act and the regulations made thereunder providing for the investigation, hearing, determination, appeal from, the variation of punishment, dismissal or reduction in rate or the determination of any such charge or complaint in respect of such proceedings shall apply to these Regulations as if a reference to an inspector, subordinate officer, Commissioner of Police, a senior deputy superintendent or deputy superintendent or a gazetted officer contained in that Act and those regulations they were substituted as the case may be a reference to a station officer, a subordinate officer, fire fighter, Chief Fire Officer and a gazetted officer within the meaning of the Act and all such provisions contained in that Act and these Regulations shall be applied with such other modifications and adaptations as may be necessary to give effect to the provisions contained in this part of these Regulations.

PART 3
PAY AND ALLOWANCES
22.   Increments
  1.  

    (1)   When a station officer or any rank below his or her is on incremental scale, the gazetted officer in charge of the station shall, one month before the annual increment becomes due for payment consider whether he or she can sign the certificate to the effect that the station officer and any other rank below has served with efficiency, diligence and fidelity during the past year.

  1.  

    (2)   If the gazetted officer in charge of the station is able to recommend the grant of increment to such station officer or any rank below, he or she shall sign the certificate to this effect and submit it in duplicate to the Chief Fire Officer for approval.

  1.  

    (3)   When the certificate is signed and approved, the original certificate shall be attached to the next pay voucher on which pay is authorised and shall constitute authority for payment of the increment and the duplicate shall be retained by the Chief Fire Officer, for attachment to the record of the Chief Fire Officer.

  1.  

    (4)   If for any reason the gazetted officer in charge of the station is unable to recommend the grant of the increment to the station officer or any rank below, he or she shall so inform the Chief Fire Officer giving detailed reasons and submitting his or her recommendations as to whether the increment due should be suspended, deferred or stopped in accordance with the provisions of these Regulations.

  1.  

    (5)   If the Chief Fire Officer approves the recommendation of the gazetted officer in charge of the station that the increment be withheld, the increment shall be suspended, deferred or stopped for such period as the Chief Fire Officer may decide and the station officer, or any rank below shall be informed of the decision and given the detailed reasons.

However, any station officer, or any rank below who is dissatisfied with any decision given in his or her case under this regulation shall have the right of appeal to the public service board of appeal.

23.   Uniform Allowance
  1.  

    (1)   Uniform allowance shall be paid to gazetted officers and station officers who are not in receipt of free uniform as provided under regulation 9(4)—

  1.  

    Gazetted officers — $480 per year

  1.  

    Station officers — $400 per year.

  1.  

    (2)   Gazetted officers and station officers on first appointment to their respective ranks shall receive a free issue of uniforms described in regulation 9(4).

24.   Rates of Subsistence Allowance

Subsistence allowance shall be payable to members of the Fire Service when absent from their stations outside the station area on duty or within the station area in circumstances which in the discretion of the Chief Fire Officer justify the payment of subsistence allowance at the following rates—

  1.  

    (a)    

    1.  

      (i)     officers whose salaries are not less than $10,200 per annum $18 per night,

    1.  

      (ii)     officers whose salaries are less than $10,200 per annum $15 per night,

    1.  

      (iii)     officers whose salaries are $6,300 per annum and less $10 per night;

  1.  

    (b)     periods in excess of 24 hours are to be calculated on a percentage basis; and

  1.  

    (c)     subsistence should be paid on the basis of 6 hour block calculated at one quarter of the rates stated above.

This regulation is deemed to have effect from 1 January 1973.

25.   Acting Allowance

Acting allowance shall be paid to officers with the supervisory responsibilities who are in receipt of salaries of not less than $5,100 per annum.

26.   Special Services
  1.  

    (1)   The Chief Fire Officer may make charges in accordance with this regulation for any special services requested by any person for purposes other than fire fighting purposes.

  1.  

    (2)   Whenever the services of the Fire Service are requested by any person for purposes other than fire fighting purposes that person shall be required to sign an agreement in writing and to pay for such services.

However, if the signing of any such agreement would cause delay endangering life or property the special services of the Fire Service may be rendered and the agreement signed when circumstances permit.

  1.  

    (3)   Any special service which in the opinion of the Chief Fire Officer or the officer in charge of a station is of a humanitarian nature shall be rendered free of charge.

  1.  

    (4)   The charges for the special services of the Fire Services shall be set out in the Schedule and shall be shown on the forms of agreement required to be signed by persons requiring the special services. (Substituted by Act 74 of 1997)

  1.  

    (5)   This regulation does not prejudice any right of the Government or any member of the service to participate in the proceeds of any salvage claim.

27.   Entitlement of member rending special service

Any member of the Service who performs or assists in performing a special service while he or she is not on duty for which a labour charge is made under regulation 26 is entitled to such proportion of that charge as may be prescribed in standing orders.

28.   Removal Expenses
  1.  

    (1)   The actual reasonable out of pocket expenses of a member of the Fire Service who is transferred from one fire station to another, whether on promotion or otherwise shall be paid by the Government unless the transfer is at the fire officers' request and transport is not provided by the Fire Service.

  1.  

    (2)   The expenses mentioned in subregulation (1) may include the expenses incurred in the transportation of member, his or her spouse, children, furniture and other household effects.

However, such expenses will only be paid in cases where transport is not available to and provided by the Fire Service.

PART 4
LEAVE
29.   Vacation Leave
  1.  

    (1)   Members of the Fire Service whose salaries do not exceed $4,800 per annum shall be eligible for 15 days per annum, 5 of which must be taken during the calendar year. Members with over 7 years service shall be eligible for 21 days per annum, 7 of which must be taken during the calendar year.

  1.  

    (2)   Members of the Fire Service who are in receipt of salary from $5,100 to $7,320 per annum shall be eligible for 21 days per annum, 7 of which must be taken during the calendar year.

  1.  

    (3)   Members of the Fire Service who are in receipt of salary of $7,600 and over shall be eligible for 27 days per annum, 9 of which must be taken during the calendar year.

However, leave accumulations up to 30 June 1970, shall be automatically reduced by 1/6.

In addition no members of the Fire Service shall be granted more than 75 working days leave in any one year, except where such leave is granted on final termination of service when he or she may be granted up to 150 working days leave.

30.   Study Leave
  1.  

    (1)   Where a member of the Fire Service is undertaking a course of training or study on the express directions of the Government and Government is satisfied that attendance at the course is in the public interest, such course is considered as though he or she was on duty.

  1.  

    (2)   Where a member of the Fire Service undertakes a course of training or study which is not expressly and directly in the public interest, such a fire officer shall be required to utilise for that purpose the whole of his or her accrued leave and on the expiry of such leave may be granted such extension of leave without pay as may be necessary to enable him or her to complete that course.

31.   Liberty Leave
  1.  

    (1)   A senior officer on duty at a Fire Station shall have the power to grant liberty leave of not more than 6 hours duration during his or her tour of duty to any member of the Fire Service below his or her rank where such member is not required to stand as a reserve at the Fire Station.

  1.  

    (2)   A member of the Fire Service mentioned in subregulation (1) who has been granted liberty leave shall before leaving the Fire Station inform the officer on duty of his or her whereabouts and where he or she can be found if required.

32.   Special Leave

The Chief Fire Officer may grant special leave not exceeding 15 days annually to sub-officers and ranks below to enable them to attend urgent or private affairs, such leave will be deducted from vacation leave.

33.   Sick Leave
  1.  

    (1)   Sick leave may be granted by the officer in charge of a Fire Station to any other member below the rank of the officers in charge on the production of a medical certificate signed by a government medical officer.

  1.  

    (2)   When sick leave is granted to a member of the Fire Service in excess of 28 days in any one year except where such leave has been granted as a result of injuries received in the execution of duty the excess will be deducted from his or her ordinary leave entitlement. Days spent in hospital shall not be counted as sick leave.

  1.  

    (3)   When a period of sick leave granted under subregulation (2) expires and the member of the Fire Service to whom the leave is granted is not fit to resume duty further sick leave may be granted by the Chief Fire Officer on a further certificate signed by a government medical officer for a period which shall not exceed in the aggregate 3 months including the period of such leave previously granted under subregulation (2).

  1.  

    (4)   Any station officer, subordinate officer or fire fighter who has been on continuous sick leave for 3 months shall be required to submit himself or herself for examination by a medical board consisting of not less than 2 government medical officers. On the recommendation of the medical board a station officer, subordinate officer or fire fighter in whose case the medical board certifies that there is a reasonable prospect of eventual recovery, may be granted sick leave with full pay up to a maximum period, including any period of sick leave granted under subregulations (1) and (2) of this regulation, not exceeding 6 months in any year.

However, if the illness or incapacity is due to an injury or illness suffered by such station officer, subordinate officer or fire fighter in the actual discharge of his or her duties and without his or her own default and is on account of circumstances specially attributable to the nature of his or her duties, he or she shall be entitled to be granted further sick leave with full pay on the recommendation of the Chief fire fighter with the approval of the Minister.

34.   Applications for Leave

Applications for leave for periods exceeding 4 days shall be submitted in writing through the officer in charge of the Fire Station to the Chief Fire Officer and shall state full particulars of his or her reason for which leave is required the address of the applicant when on leave and the date of the last leave granted and in the case of sickness must be accompanied by a certificate from a government medical officer recommending that it be granted.

35.   Extensions of Leave

Applications for extensions of leave must similarly be accompanied by full particulars and if on account of sickness by certificate of a government medical officer of the territory where the applicant may be.

36.   Overstaying Leave
  1.  

    (1)   Any sub-officer and rank below who fails to report for duty at the Fire Station on the date on which his or her leave expires shall forfeit his or her pay for such day or days as he or she may overstay his or her leave in addition to any further punishment which may be accrued under these Regulations.

  1.  

    (2)   If it should clearly be proved to the satisfaction of the Chief Fire Officer that such overstaying of leave was altogether unpreventable the Chief Fire Officer shall have power to grant leave without pay.

37.   Leaving Certificate
  1.  

    (1)   Any station officer and rank below proceeding on leave other than liberty or such leave shall be provided with a leave certificate signed by the Chief Fire Officer on which shall be specified the period for which such leave is granted. A leave certificate must be produced when the holder thereof is called upon to do so by a subordinate officer of equivalent or same in rank.

  1.  

    (2)   The holder of a leave certificate on his or her return from leave shall return it to the Senior Officer in charge of the Fire Station for reference.

  1.  

    (3)   Any member as mentioned in subregulation (1) who has been on continuous sick leave for 3 months shall be required to submit himself or herself for examination by a medical board consisting of not less than 2 government medical officers.

  1.  

    (4)   On the recommendation of the medical board any member aforesaid on whose case the medical board certifies that there is reasonable prospect of eventual recovery, may be granted sick leave with full pay up to a maximum period including any period of sick leave granted under subregulations (1) and (2) of this regulation and not exceeding 6 months in any year.

However, if illness or incapacity is due to any injury or illness suffered by the member aforesaid in the actual discharge of his or her duties and without his or her own default and is on account of circumstances specially attributable to the nature of his or her duties, he or she shall be entitled to be granted further sick leave with full pay on the recommendation of the Chief Fire Officer with the approval of the Governor General.

PART 5
MEDICAL TREATMENT
38.   Medical, surgical, ophthalmic and dental
  1.  

    (1)   Medical, surgical, ophthalmic and dental treatment shall be administered to a member of the Fire Service in accordance with the following regulation—

    1.  

      (a)     free medicines and supplies. All medicines, supplies or articles prescribed by the appropriate district medical officer in the course of his or her treatment of Fire Officers shall be supplied from the dispensary of the Victoria Hospital or the district dispensary free of charge. If these medicines or supplies are not available at the aforementioned places they may be obtained from private chemists and the cost shall be borne by Government.

  1.  

    In the prescribing of free medicines and supplies the district medical officer shall prescribe only these medicines, supplies or articles which in his or her opinion are absolutely necessary for the treatment of the member of the Fire Service concerned;

    1.  

      (b)     free admittance to hospital. All station officers, subordinate officers and fire fighters shall be admitted to hospital free of charge;

    1.  

      (c)     free dental treatment. All members of the Fire Service shall be provided with free dental treatment in respect of extraction. In the case of other dental treatment 50% of the costs shall be borne by Government.

  1.  

    However, where such treatment involves the replacement of dentures such replacement shall be limited to plain dentures without any jackets of gold or any other material, use for the purpose of such jacket;

    1.  

      (d)     ophthalmic treatment. District medical officers shall recommend all members of the Fire Service complaining of an eye disease to be sent to a Government eye specialist for consultation and treatment the cost of which shall be borne by Government;

    1.  

      (e)     free spectacles. Members of the Fire Service with and over 15 years service shall on the prescription of Government eye specialist be supplied with spectacles, the cost of which shall be borne by Government.

  1.  

    However, where a member of the Fire Service requests frames of a more expensive type than those normally supplied he or she shall be required to pay the difference in cost.

  1.  

    (2)   All medical, surgical and ophthalmic treatment shall be limited to such treatment as is available in the State, however, when any such treatment is not available in the State the medical, surgical or ophthalmic treatment on the advice of the Chief Medical Officer and with the approval of the Cabinet may be obtained outside the State at the expense of the Government.

Schedule
FEES FOR SPECIAL SERVICE OF FIRE SERVICE
ServiceApproved Fees
Survey Inspection/Plan ReviewArea$
Up to 1,000 Sq. Ft.50
1,001 — 5,000 Sq. Ft.150
5,001 — 10,000 Sq. Ft300
Over 10,000 Sq. Ft.600
Specific InspectionArea$
Up to 1,000 Sq. Ft.50
1,001 — 5,000 Sq. Ft.75
5,001 — 10,000 Sq. Ft150
Over 10,000 Sq. Ft.250
Training/Excavation ExercisesNo Charge
Servicing of Fire Extinguishers$15 each plus $1 per mile for transport
Fire Reports$200 per report
Fire Report Extracts$100 per report
(Inserted by S.I. 74/1997)